[HISTORY: Adopted by the Township Committee of the Township
of Maplewood 5-19-2009 by Ord. No. 2591-09. Amendments noted
where applicable.]
The purpose of this chapter to regulate the intensity of use
in areas of steeply sloping terrain in order to limit soil loss, erosion,
excessive stormwater runoff, and the degradation of surface water
and to maintain the natural topography and drainage patterns of land.
Disturbance of steep slopes results in accelerated erosion processes
from stormwater runoff and the subsequent sedimentation of water bodies
with the associated degradation of water quality and loss of aquatic
life support. Related effects include soil loss, changes in natural
topography and drainage patterns, increased flooding potential, further
fragmentation of forest and habitat areas, and compromised aesthetic
values. It has become widely recognized that disturbance of steep
slopes should be restricted or prevented based on the impact disturbance
of steep slopes can have on water quality and quantity, and the environmental
integrity of landscapes.
This chapter shall be applicable to new development or land
disturbance on a steep slope within the Township of Maplewood ("Township").
As used in this chapter, the following terms shall have the
meanings indicated:
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 20% as measured over any
minimum run of 10 feet. Steep slopes are determined based on contour
intervals of two feet or less.
The percent of slope (rise in feet per horizontal distance)
shall be established by measurement of distance perpendicular to the
contour of the slope. The percent of slope shall be calculated for
each two-foot contour interval. For example, any location on the site
where there is a one-foot rise over a ten-foot horizontal run constitutes
a ten-percent slope; a 1.5-foot rise over a ten-foot horizontal run
constitutes a fifteen-percent slope; a two-foot rise over a ten-foot
horizontal run constitutes a twenty-percent slope.
For steep slopes, any disturbance shall be prohibited except
as provided below:
A.
Redevelopment within the limits of existing impervious surfaces;
and
B.
New disturbance necessary to protect public health, safety or welfare,
such as necessary linear development with no feasible alternative;
to provide an environmental benefit, such as remediation of a contaminated
site; to prevent extraordinary hardship on the property owner peculiar
to the property; or to prevent extraordinary hardship, provided that
the hardship was not created by the property owner, that would not
permit a minimum economically viable use of the property based upon
reasonable investment. For example, redevelopment, within the footprint
of existing impervious cover, should be allowed to support efforts
to revitalize development that has fallen into disrepair. The applicant
shall demonstrate through site plans depicting proposed development
and topography that new disturbance is not located in areas with a
twenty-percent or greater slope.
C.
Site plan requirements. The applicant shall submit a site plan to
the Township Engineer for review and approval. The plan shall include
the following:
(1)
The detailed site grading plan shall be drawn and certified by a
licensed professional engineer, landscape architect or architect at
a scale of not less than one inch equals 50 feet for site plans or
subdivisions up to 10 units and one inch equals 100 feet for site
plans with over 10 units.
(2)
The Tax Map sheet, block and lot number, date, graphic scale, North
arrow and the names and addresses of the owner or owners of the tract,
the applicant (if other than the owner) and of the engineer who prepared
the site plan.
(3)
All lot line dimensions.
(4)
Front, side and rear yard setback dimensions.
(5)
Location of all proposed buildings, dimensions thereof and first
floor elevation.
(6)
Location of all buildings on adjoining lots.
(7)
Existing and proposed contours at a contour interval of two feet
or less.
(8)
The proposed elevations of the levels of any land at the corner of
the foundation of any structure or structures and the levels of land
above and below retaining walls as well as top of wall elevations.
(9)
The layout of existing and proposed public streets and public utilities.
(10)
The location of any existing or approved potable water or sanitary
sewage disposal facilities on or within 100 feet of the lot.
(11)
The location of proposed vehicular facilities, including roads,
drives or parking areas.
(12)
The location of all existing landscaping, including trees, shrubs
and ground covers, with type and size of trees or shrubs. The location
of trees over eight inches in diameter must be specifically indicated.
(13)
The disposition and extent of topsoil to be removed or backfilled.
(14)
The disposition and extent of all other soil to be removed or
backfilled.
(15)
The plans and specifications for any proposed retaining walls,
fences or other protective structures.
(16)
A slope map showing limit of grading. "Limit of grading" is
defined as the boundary line formed between those areas of a site
which are to be graded and the existing natural topography of the
property. The limit of grading shall be synonymous with a no-cut/no-fill
line.
A.
A prompt investigation shall be made, by the appropriate personnel
of the Township, of any person or entity believed to be in violation
hereof. If, upon inspection, a condition which is in violation of
this chapter is discovered, a civil action may be brought in the Superior
Court of New Jersey for injunctive relief or damages.
B.
Any person, firm, corporation or entity found guilty of violating
any section of this chapter or any regulation promulgated pursuant
thereto shall, upon conviction in the Township of Maplewood Municipal
Court, be punished by a fine not to exceed $1,000. Each day that a
violation continues shall be construed as a separate violation.
