§ 165-99. Steep slope regulations.

A. 

Purpose. The purpose of this section is to provide for reasonable control of development within the steep slope areas of the Borough in order to minimize the adverse impact caused by the development of such areas, including, but not limited to, erosion, siltation, flooding, surface water runoff, and pollution of potable water supplies from point and nonpoint sources.

B. 

Definition. Steep slopes are defined as land areas where the slope exceeds 15%.

C. 

Applicability and application contents. Applicants for site plans and subdivisions shall submit all information required under this section to the appropriate reviewing authority, which shall not approved the application unless the approval requirements of this section are met. Applicants for construction permits, including the construction of buildings, driveways, walls or the clearing of land, where development is proposed in any steep slope area, shall submit an application with the information required in this section to the Borough Engineer to ensure that the proposed development will not adversely impact adjoining properties.

(1) 

Applications for subdivisions or site plan approval or for a permit for construction, grading or clearing of any lot shall be evaluated for the presence of steep slopes, as defined herein.

(a) 

Each proposed or existing lot shall be evaluated to determine the presence of steep slopes within the following categories: 10 to 11.99%; 15 to 19.99%; 20 to 24.99%; over 25%.

(b) 

Each category shall be separately identified on a plan showing existing and proposed topographic information.

(2) 

Application contents. Where application for site plan, subdivision or a building permit is being made, the following shall be required:

(a) 

A plan, at a scale no smaller than one inch equals 50 feet and no larger than one inch equals 10 feet, which provides sufficient on-site detail to evaluate the proposed development, shall be submitted by a New Jersey licensed engineer or land surveyor.

(b) 

The steep slope disturbance plan shall contain the following:

[1] 

Existing and proposed topographic information using two-foot contour intervals for all steep slopes, as defined above, and within all areas contemplated for clearing and/or construction. The percentage of slope shall be computed utilizing ten-foot contours;

[2] 

Soil types contained on the lot, with specific reference to highly erodible soils as defined by the United States Department of Agriculture Soil Conservation Service;

[3] 

Existing and proposed drainage patterns on site and within 100 feet of the proposed lot under development;

[4] 

Location of existing and/or proposed well or septic systems;

[5] 

Location of all trees in excess of 10 inches in diameter;

[6] 

Driveway locations, paved areas and details;

[7] 

Details concerning architectural design and how the proposed construction will relate to, complement and minimize adverse impacts upon the existing natural features of the lot; and

[8] 

Existing buildings and structures.

D. 

Limitations on disturbance. All slopes of 15% or greater located on a tract of land shall be protected from disturbance and preserved in a natural state, except as provided hereafter:

(1) 

Roadways shall be designed to follow natural terrain. Natural slopes of 20% or greater shall not be disturbed for road construction. On all slopes greater than 15%, the maximum horizontal distance of disturbance associated with road construction shall not exceed 35 feet in width as measured from the center line of the road.

(2) 

At the Planning Board's or Borough Engineer's discretion, small isolated pockets of steep slope areas that are under 1,000 square feet in size may be disregarded, provided that no more than 1,000 square feet on any one lot is disturbed, and provided that such action would be in the interest of good planning and would not seriously impair the purposes of this chapter and would otherwise result in practical difficulties to the applicant. Where, however, the Board or Borough Engineer finds such pockets to be significantly proximate and of such size as to constitute a substantial contiguous area, the reviewing authority may consider them significant and subject to regulation under this chapter. In such case they would be included in the calculation of disturbed steep slope area.

(3) 

Limited disturbance of steep slope areas is permitted under conditions set forth below, but only to the following degree and under said conditions:

	Steep Slope Category	Maximum Disturbance
	Less than 10%	100%
	10 to 14.99%	80%
	15 to 19.99%	40%
	20 to 24.99%	20%
	25% plus	10%

(4) 

Disturbance in excess of the above amounts may only be permitted where it can be shown to the satisfaction of the Board or Borough Engineer that:

(a) 

Proposed excavation, removal, depositing or disturbance of soil shall be consistent with the intent of this section and shall be executed in a manner that will not cause excessive erosion or other unstable conditions;

(b) 

Provision shall be made for any structures or protective measures that may be required for the protection of the public safety, including, but not limited to, retaining walls, headwalls and fences;

(c) 

Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary and adequate protective measures shall be provided for downstream properties;

(d) 

Steep slope areas, where possible, should be avoided through the use of cluster subdivision or alternative placement of structures; and

(e) 

Where proposed lots to be platted for subdivision contain steep slopes, each lot shall contain at least 25% of its area in a non-steep-slope condition to avoid excessive erosion, vegetation clearance, degradation of water resources while ensuring the proper placement of housing and associated uses.

E. 

Variance required. Disturbance of steep slope areas in amounts greater than indicated in section shall require a variance.