[HISTORY: Adopted by the Mayor and Council of the Borough of Riverdale 4-18-2005
by Ord. No. 4-2005. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Those slopes less than 15%.
Those slopes between 15% and 25%.
Those slopes greater than 25%.
Slopes 15% or greater.
A.
All development and redevelopment activities, including
stripping of vegetation, grading, or other soil disturbances, may occur without
approval under this chapter only on noncritical areas of the tract or steep
slope areas, provided that the development activity complies with the following
provisions:
(1)
No area with prohibitive slopes shall be disturbed, developed,
or redeveloped.
(2)
No area with precautionary slopes may be disturbed or
developed without the applicant submitting sufficient evidence to provide
the following:
(a)
Soil erosion, land disturbance, and other environmental
concerns have been adequately addressed;
(c)
The applicant has submitted grading, drainage, and landscaping plans for the entire lot or tract of land to be developed, each in accordance with the requirements specified in § 145-5 herein, which plans confirm conformance with the aforementioned performance standards and which further confirm that the rate and velocity of the surface water runoff from the entire site which will result following completion of the proposed development shall not exceed that which currently exists in the predevelopment conditions. Certification by a professional engineer will be required stating that the standards contained herein have been met.
B.
A precautionary slope with a minimum grade of at least
15% but not more than 20% may have a maximum disturbance area of no greater
than 50%.
C.
A precautionary slope with a minimum grade of at least
21% but not more than 25% may have a maximum distance area of no greater than
25%.
An applicant may seek relief from the requirements of these regulations
by applying for variances to either the Planning Board or the Zoning Board
of Adjustment, depending on which board has jurisdiction based on the provisions
of the New Jersey Municipal Land Use Law.
The Town Engineer, when reviewing an application to disturb precautionary
slopes or when reviewing an application for variance relief from the requirements
of this chapter, shall submit a report to the Planning Board or Board of Adjustment
for each application. The Planning Board or Board of Adjustment shall be guided
by, but not limited to, the following performance standards:
A.
The applicant shall demonstrate that the disturbance
of the steep slope area is necessary for the proposed development of the subject
tract or lot, and that such development is otherwise in accordance with the
applicable ordinance provisions of the Borough of Riverdale.
B.
The applicant shall demonstrate that the proposed development
has utilized the noncritical areas of the tract to the extent reasonably practicable
and that an attempt has been made to minimize the disturbance of the steep
slope areas by limiting development to isolated areas of steep slopes.
C.
The applicant shall demonstrate that appropriate revegetation
and landscaping of the disturbed steep slope areas will be provided so as
to adequately stabilize the slopes and enhance the attractiveness of the site,
all in accordance with accepted soil conservation and stormwater management
techniques as promulgated by the Borough Engineer.
D.
The applicant shall demonstrate that the proposed disturbance
of the steep slope area minimizes the impairment of the visual quality of
the site and protects the higher elevations along hillsides, ridges, and mountain
tops which create visual amenities.
E.
The applicant shall also demonstrate that:
(1)
Any geologic disturbance, including blasting, cutting,
or excavating, resulting from the development of a steep slope area will be
satisfactorily mitigated; and
(2)
The cost of providing and maintaining public facilities
and services to those portions of the site where steep slope areas to be disturbed
will not be substantially increased as a result of such disturbance.
Any applicant proposing to disturb steep slopes in the Borough of Riverdale
shall submit the following information to the Borough Engineer and to the
Planning Board or the Zoning Board of Adjustment, as the case may be, and
all submitted plans, details and calculations shall be prepared, signed and
sealed by a New Jersey-licensed professional engineer:
A.
A steep slope analysis, utilizing the best available
topographical information, as determined by the Borough Engineer. The analysis
shall be based on two-foot contour intervals or spot elevations if appropriate.
Areas designated as steep slope areas shall be shaded and the amount of land
area calculated. The analysis shall identify noncritical, precautionary, and
prohibitive slopes.
B.
A grading plan, which shall be prepared at a minimum
scale of one inch equals 20 feet, shall include the following information
in addition to all other applicable requirements of the Land Development Ordinance:[1]
(1)
Plans showing the location of, and details for, all drainage
devices, retaining walls, cribbing, dams, or other protective devices to be
constructed and any existing or proposed swales, ditches, brooks or other
drainage patterns;
(2)
Plans, profiles, cross sections and details of all retaining
walls showing the height of each wall, the elevation at the top and bottom
of each wall, the materials to be used, a profile and cross section of each
wall, any proposed plantings, any safety barriers, the calculations of anticipated
earth and hydrostatic pressures and surcharges and the calculations detailing
the design of each wall; and
(3)
A map designating the maximum limits of clearing and
disturbance.
C.
Drainage plans and supporting computations for any storm
drainage system shall be submitted, including the following information as
may be required by the Borough Engineer:
(1)
All existing or proposed storm sewer lines within or
adjacent to the tract showing the profile, size, and slope of the lines, the
direction of flow, and the location of each catch basin, inlet, manhole, culvert,
headwall, and utility line, including pipe sizes and grads;
(2)
A map drawn to scale (minimum one inch equals 100 feet)
showing the contributing area to each inlet or cross drain;
(3)
The weighted runoff coefficient for each drainage area
that was utilized in the submitted computations and a report by the design
engineer containing the design criteria used, the alternates considered, the
reasons for the final selections and the design calculations.
D.
Landscaping plans, indicating the following information:
(1)
The proposed limits of disturbance of the subject site;
(2)
A general depiction of all existing vegetation within
the area to be disturbed and a planting plan, including a planting schedule,
for the plant material to be installed;
(3)
A specific identification within the area to be disturbed
of all individual trees or groups of trees which have a caliper of eight inches
or more measured three feet above the ground level, with an indication of
which trees are to be removed.
Developments shall be exempt from the steep slope requirements of this
chapter, as follows:
Development approvals issued pursuant to this chapter are to be considered
an integral part of development approvals under the subdivision and site plan
review process and do not relieve the applicant of the responsibility to secure
required permits or approvals for activities regulated by other applicable
codes, rules, acts or ordinances. In their interpretation and application,
the provisions of this chapter shall be held to be the minimum requirements
for the promotion of the public health, safety, general welfare, and the protection
of water quality.
