[Ord. No. 07-11 § 1]
The purpose of this section 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.
[Ord. No. 07-11 § 2]
Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of waterbodies 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.
[Ord. No. 07-11 § 3]
This section shall be applicable to new development or land disturbance on a steep slope within the Borough of Jamesburg.
[Ord. No. 07-11 § 4]
- Shall mean the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
- IMPERVIOUS SURFACE
- Shall mean 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 similar structures, surfaces, or improvements.
- Shall mean the construction of structures or improvements on areas which previously contained structures or other improvements.
- STEEP SLOPES
- Shall mean 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.
[Ord. No. 07-11 § 5]
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 10% slope; a one and one-half foot rise over a ten-foot horizontal run constitutes a 15% slope; a two-foot rise over a ten-foot horizontal run constitutes a 20% slope.
[Ord. No. 07-11 § 6]
For steep slopes any disturbance shall be prohibited except as provided below:
Redevelopment within the limits of existing impervious surfaces; and
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 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 20% or greater slope.
[Ord. No. 07-11 § 7]
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this ordinance are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section apply.
Interpretation: This section shall be so construed as not to conflict with any provision of New Jersey or Federal law.
Notwithstanding that any provision of this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the section shall continue to be of full force and effect.
The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
[Ord. No. 07-11]
A prompt investigation shall be made by the appropriate personnel of the Borough of Jamesburg, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of the Borough of Jamesburg, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section 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 section. Each day a violation continues shall be considered a separate offense.