[HISTORY: Adopted by the Township Council of the Township of Montclair 10-6-1998
by Ord. No. 98-39. Amendments noted where applicable.]
It is the purpose of this chapter to protect the health, safety and
welfare of people and property within the Township from improper construction,
building and development on steep slope areas in the Township and, more particularly
but without limitations, to reduce the peculiar hazards which exist on steep
slopes by reason of erosion, siltation, flooding, soil slippage, surface water
runoff, pollution of surface and ground water supplies from non-point sources
and destruction of unique and predominant views. It is a further purpose of
this chapter to encourage appropriate planning, design and development of
sites within steep slope areas which preserve and maximize the most appropriate
use of the natural terrain in recognition of environmental constraints.
The provisions of this chapter shall apply to the following:
A.
All subdivisions and site plans on steep slopes and all
approvals thereof.
B.
All new construction on steep slopes, including principal
building additions or accessory structures, which exceeds 200 square feet
of building area.
C.
All new impervious surfaces on steep slopes which exceed
200 square feet in area, including patios, driveways, parking areas, etc.
D.
All grading or removal of vegetation on steep slopes
which exceeds 1,000 square feet in area.
As used in this chapter, the following terms shall have the meanings
indicated:
Any average slope exceeding 10%.
The difference between highest and lowest ground elevation on opposite
sides or boundaries of an existing or proposed lot divided by the minimum
horizontal distance between such high and low points.
Grading, tree and vegetation removal, building of structures, creation
of impervious surfaces or other related activities which result in changes
to the land surface.
The point of measurement six inches above the ground surface measured
on the downhill side of the tree.
A.
All steep slope development in connection with an application
before the Planning or Zoning Board shall be reviewed by the Planning or Zoning
Board Engineer. Recommendations relating thereto shall be provided to the
reviewing board prior to that board rendering a decision.
B.
All other activities on steep slopes shall be reviewed
by the Township Engineer.
All plans shall be at a scale of one inch equals 20 feet and prepared
by a New Jersey licensed engineer or architect. All existing topographic and
boundary information must be prepared by a New Jersey licensed land surveyor.
A complete application shall contain the following:
A.
Boundary survey.
B.
Area calculations of site disturbance.
C.
Existing and proposed topographic plans utilizing two-foot
contours for the subject lot and 50 feet beyond the property lines.
D.
Existing and proposed drainage systems, on site and off
site, 50 feet beyond the property lines.
E.
Drainage calculations, showing preconstruction and postconstruction
runoff rates and velocities.
F.
Rock outcroppings.
G.
Type of vegetative cover.
H.
Individual trees greater than six inches in diameter
at point of measurement.
I.
Existing and proposed buildings and structures above
and below the surface.
J.
Existing and proposed impervious surfaces.
K.
Limits of all site disturbance.
L.
Location and description as to the extent of any waterways,
wetlands or springs, continuing or intermittent.
M.
Any other engineering data which shall be deemed reasonably
necessary by the reviewing engineer.
N.
All applicable data required by the New Jersey Residential
Site Improvement Standards for residential developments.
In order to obtain engineering approval, each applicant shall submit
plans, reports and calculations designed to demonstrate and accomplish or
further the following standards:
A.
Control velocity and rate of water runoff from the proposed
developed site so that such velocity and rate are no greater after development
than before development, unless a more stringent standard is contained in
the New Jersey Residential Site Improvement Standards, in which instance the
more stringent provision shall apply.
B.
Provide for the proper disposition of surface water runoff
so that it will not create unstable conditions downstream and on adjacent
properties. Appropriate storm drainage facilities shall be constructed as
deemed necessary by the reviewing engineer.
C.
Stabilize all fill placed on the lot by retaining walls
or other appropriate structures as approved by the reviewing engineer when,
in the opinion of the engineer, normal mulching and vegetation establishment
will not suffice.
D.
Establish vegetation sufficient to stabilize the soil
on all disturbed areas as each stage of grading is completed. All disturbed
soil surfaces shall be stabilized or covered prior to the first day of November
if the planned impervious surface (e.g. roads, drives, etc.) cannot be established
prior to November. A temporary treatment adequate to prevent erosion shall
be installed on those surfaces.
E.
Reestablish vegetation on disturbed areas. Exposed graded
areas shall be mulched and seeded to provide a basic ground cover which will
prevent erosion.
F.
Meet all Building Code requirements where structures
and/or retaining walls are involved.
G.
Prevent soil slippage.
H.
Minimize number and extent of excavations to prevent
groundwater discharge to surfaces.
I.
Preserve maximum number of trees and other vegetation
on the site consistent with reasonable use and erosion control procedures.
J.
Conform to standards for steep slope control contained
herein and the Standards for Soil Erosion and Sediment Control adopted by
the New Jersey State Soil Conservation Committee.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.
