[Added 9-8-2009 by Ord. No. 24-2009]
The purpose of this article is to regulate the intensity of
use in areas of steeply sloping terrain in order to limit soil loss,
erosion, excessive stormwater runoff, 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 due to the potential impact
on water quality and quantity, and the environmental integrity of
landscapes.
A.
This article shall be applicable to new development, redevelopment
or land disturbance on a steep slope on any property within the Township
of Livingston steep slope zones specifically listed in Table 1, Properties
Within Steep Slope Zones, attached hereto.[1]
[1]
Editor's Note: Table 1 is on file in the Township offices.
B.
The Planning Board or Zoning Board of Adjustment shall review all
plans submitted under this article as part of any application for
site plan approval or subdivision approval.
C.
The Township Engineer, in all cases, shall review all applications
for compliance with this article.
D.
Applicability of the article to any property on Table 1 may be contested
by demonstration to the satisfaction of the Township Engineer that
no area on the subject property (or proposed or future subdivision
thereof) meets the criteria for the presence of a fifteen-percent-or-greater
slope based on the Digital Elevation Model used in State of New Jersey
mapping. Once demonstrated, the subject property, or subdivision thereof,
shall be considered to be outside a steep slope zone and delisted
from Table 1.[2]
[2]
Editor's Note: Table 1 is on file in the Township offices.
As used in this article, the following terms shall have the
meanings indicated:
A location where a slope has been steepened by an excavation.
Any new disturbance less than 300 square feet.
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.
Any disturbance of 1,000 square feet or greater.
Any disturbance equal to or greater than 300 square feet,
but less than 1,000 square feet.
Rise in feet divided by horizontal distance in feet, with
the result multiplied by 100.
Any steep slope of 15% or greater but less than 25%.
Any steep slope of 25% or greater.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 15% as measured over any
minimum run of 10 feet, perpendicular to the contour of the slope,
based on contour intervals of two feet or less.
A.
Steep slope areas shall be designated or excluded based on site-specific
topographic mapping to be prepared by a land surveyor licensed in
the State of New Jersey, or utilizing best available topographic information
as determined by the Township Engineer. The percent of slope (rise
in feet per horizontal distance in feet) 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 rise of 1.0 foot
over a horizontal run of 10.0 feet constitutes a ten-percent slope;
a rise of 1.5 feet over a horizontal run of 10.0 feet constitutes
a fifteen-percent slope; and a rise of 2.5 feet over a horizontal
run of 10.0 feet constitutes a twenty-five-percent slope.
B.
Previously existing artificially created landscaping features, such
as garden mounds or the transitions between terraces, shall be exempt
from consideration in calculating slopes for designation of areas
under this article. However, if the nominal slope of the land supporting
such a feature meets the definition of a steep slope, irrespective
of the existence of the feature, it shall be included as a designated
area.
C.
Land development plans which have received Planning or Zoning Board
approval prior to the adoption date of this article shall be exempt.
D.
Proof of exemption eligibility shall be determined by the Construction
Official.
For designated steep slope areas, any nonexempt disturbance
shall require a permit under this article, except as provided below
as confirmed by the Township Engineer:
A.
Redevelopment (or rebuilding after a disaster) within the limits
of existing impervious surfaces;
B.
Addition to an existing single-family home where new disturbance
to a precautionary slope area is less than 300 square feet (i.e.,
a de minimis disturbance);
C.
New disturbance necessary to protect public health, safety or welfare,
such as necessary linear development with no feasible alternative,
or to provide an environmental benefit, such as remediation of a contaminated
site.
A.
For all subdivisions and site plans regulated under this article
(minor and major disturbances), the following exhibits shall be submitted:
B.
Where development is proposed on steep slopes (i.e., equal to or
greater than 15%) as part of preliminary subdivision approval or preliminary
site plan approval, the following additional exhibits, prepared, signed
and sealed by a New Jersey licensed professional engineer, shall be
submitted.
(2)
For major disturbances (equal or greater than 1,000 square feet)
only:
(a)
Erodibility potential of exposed soils.
(b)
Length, steepness and surface roughness of exposed slopes.
(c)
Resistance of soil to compaction and stability of soil aggregates.
(d)
High-water table, water infiltration capacity and capacity of
soil profile.
(e)
Any other engineering data which shall be deemed reasonably
necessary by the Township Engineer to determine compliance with this
section.
A.
No soil shall be excavated, removed, deposited, or disturbed within an area of steep slopes except as a result of and in accordance with a site plan or subdivision approved under the terms of this article and consistent with Chapter 170, Land Use, and Chapter 260, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations.
C.
Provision shall be made for the proper disposition of surface water runoff so that it will be in a manner consistent with Chapter 170, Land Use, and Chapter 260, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations. Appropriate temporary and permanent storm drainage facilities shall be constructed to adequately protect downstream properties.
D.
Any proposed vehicular facilities including roads, drives, or parking areas shall be so designed that any land disturbances shall be in compliance with Chapter 170, Land Use, and Chapter 260, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.
E.
Existing grades along the center line of any proposed driveway shall
not exceed 15%. The connection of any driveway to a street shall be
by a vertical curve of sufficient radius to provide a smooth transition.
The horizontal angle of intersection of a driveway with a street shall
not be less than 60°.
F.
Any fill (only clean fill is permitted) placed on the lot shall be
properly stabilized and when found necessary, depending upon existing
slopes and soil types, supported by retaining walls or other appropriate
structures as approved by the Township Engineer.
G.
All cuts shall be supported by retaining walls or other appropriate
structures when, depending upon the nature of the soil characteristics,
such structures are found necessary by the Township Engineer to prevent
erosion.
H.
Walkway slopes shall not be in excess of 6% unless the construction
of a ramp is required and steps are provided.
I.
Compaction of fill. Fill material shall not consist of or include
organic material, nor rocks greater than eight inches in diameter.
Fill material shall be compacted at least 90% of the maximum density.
J.
Vegetation and revegetation.
(1)
For major disturbances, the permittee shall submit a stabilization
and revegetation plan prepared, signed and sealed by a New Jersey
licensed professional engineer which shall include a complete description
of the existing vegetation, the vegetation to be planted, and slope
stabilization measures to be installed. The revegetation and slope
stabilization plan shall be submitted with the grading plan.
(2)
Every effort shall be made to conserve topsoil which is removed
during construction for later use on areas requiring vegetation or
landscaping, e.g., cut and fill slopes.
(4)
Every effort shall be made to preserve the maximum number of
trees and other existing vegetation on the site and to avoid disturbance
of the critical upland forest areas, and to preserve the unique and
predominant views.
K.
Any parts of any ordinances inconsistent with this article are hereby
repealed as to such inconsistency only.
L.
All variances relating to this article are deemed to be "C" variances.
It is the intent and purpose of this article to provide bulk limitations
which may be deviated from only in accordance with "C" variance standards.
A.
Conflicts. All other ordinances, parts of ordinances, or other local
requirements that are inconsistent or in conflict with this article
are hereby superseded to the extent of any inconsistency or conflict,
and the provisions of this article apply.
B.
Severability.
(1)
Interpretation. This article shall be so construed as not to
conflict with any provision of New Jersey or federal law.
(2)
Notwithstanding that any provision of this article is held to
be invalid or unconstitutional by a court of competent jurisdiction,
all remaining provisions of the article shall continue to be of full
force and effect.
(3)
The provisions of this article shall be cumulative with, and
not in substitution for, all other applicable zoning, planning and
land use regulations.
The requirements of this article shall be enforced by the Township
Engineer or his designee who shall conduct investigations when any
person or entity is believed to be in violation hereof. Any person
or entity that violates any provision of this article shall, upon
conviction thereof, be punished by a fine not exceeding $2,000. The
violation of any section or subsection of this article shall constitute
a separate and distinct offense independent of the violation of any
other section or subsection, or of any order issued pursuant to this
article. Each day a violation continues shall be considered a separate
offense.
The owner of the property, all successors and any other person
or agent in control of the property shall properly maintain in good
condition and promptly repair and restore all improvements permitted
under this article.
Following completion of construction or other activity, the
owner shall apply for approval by the Township Engineer or his designee.
Such approval shall not be issued until the Township Engineer or his
designee certifies that all matters are in compliance with the plans
submitted pursuant to this article.
