[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.
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.
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:
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 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]
a.
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.
b.
Severability.
1.
Interpretation: This section shall be so construed as not to conflict
with any provision of New Jersey or Federal law.
2.
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.
3.
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.
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.
