Alpine City Zoning Code
§ 220-3
Zone districts.
[Amended by Ord. No. 248; Ord. No. 254; Ord. No. 292; Ord. No. 318]
A.
Districts established. For the purposes of this chapter, the Borough of Alpine is divided into the following districts:
[Amended by Ord. No. 416; Ord. No. 443; Ord. No. 513; 4-28-2004 by Ord. No. 632; 8-28-2024 by Ord. No. 832; 8-28-2024 by Ord. No. 837]
R-R District | |
R-A District | |
R-AA District | |
R-1 District | |
R-2 District | |
R-2A District | |
R-2B District | |
R-2C District | |
R-3 District | |
R-4 District | |
P District | |
B (Buffer) District | |
COAH-1 | |
COAH-2 | |
COAH-3 | |
COAH-4 Overlay |
B.
Boundaries. The boundaries of the above created districts are hereby established as shown on the Zoning Map[1] dated April 23, 1979, as amended or supplemented, which Map is hereby made a part of this chapter.
[Amended by Ord. No. 434; Ord. No. 450; Ord. No. 473; Ord. No. 513; 8-28-2024 by Ord. No. 832; 8-28-2024 by Ord. No. 837]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
C.
Limiting Schedule.[2]
[2]
Editor's Note: The Limiting Schedule is included at the end of this chapter.
D.
Limitation of coverage on land.
[Amended 5-23-2001 by Ord. No. 567; 10-25-2001 by Ord. No. 578]
(1)
All properties located in the Borough shall be subject to the following maximum building coverage and maximum improved lot coverage:
[Amended 4-28-2004 by Ord. No. 632; 8-28-2024 by Ord. No. 832; 8-28-2024 by Ord. No. 837]
Zone | Maximum Building Coverage (%) | Maximum Improved Lot Coverage (%) | Minimum Lot Area (square feet) | |
|---|---|---|---|---|
R-A | 9% | 25% | 87,120 | |
R-AA | 9% | 25% | 65,340 | |
R-1 | 9% | 25% | 40,000 | |
R-2 | 10% | 20% | 20,000 | |
R-2A | 10% | 20% | 14,000 | |
R-2B | 10% | 20% | 10,000 | |
R-2C | 10% | 20% | 15,000 | |
R-3 | 10% | 20% | 7,500 | |
R-4 | 10% | 20% | 10,000 | |
R-R | 9% | 25% | 87,120 | |
COAH-1 | See § 220-3D(5) | |||
COAH-2 | 9% | 25% | 40,000 | |
COAH-3 | See § 220-23 | |||
COAH-4 Overlay | See § 220-24 | |||
(2)
Building coverage shall mean that portion of a lot which is occupied by the principal building, which includes the total horizontal area of the building at, above and below grade when viewed in plan.
[Amended 11-23-2015 by Ord. No. 755]
(3)
Improved lot coverage shall mean the part of the site that is covered by buildings, parking areas, driveways, pools, walkways or paved ancillary surfaces such as decks, patios, tennis courts and similar improvements and any other impervious surface.
(4)
Impervious coverage shall mean any surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water.
(5)
[3]In the COAH-1 District, the minimum distance between buildings shall be 30 feet and the minimum building setback to internal streets and driveways shall be 18 feet. In the COAH-1 District the maximum improved lot coverage may be 30% of the total land owned by such person or corporation erecting buildings in said District. In the COAH-2 District the maximum improved lot coverage shall comply with the limitation of coverage on land requirements set forth in Subsection D.
[3]
Editor's Note: Former Subsection D(5), regarding the coverage limitations, which subsection immediately followed this subsection, was repealed 2-26-2003 by Ord. No. 609. This ordinance also redesignated former Subsection D(6) as Subsection D(5).
E.
Steep slopes.
[Added 5-28-1997 by Ord. No. 532]
(1)
Statement of purpose.
(a)
It is the express purpose of this subsection to provide for special qualitative and quantitative development controls for all lands located within the Borough of Alpine which have present within their boundaries topographical conditions hereinafter defined as "steep slopes." These special development controls are provided in recognition of the potentially negative impacts of construction in steep slope areas in the form of erosion, siltation, excessive removal of vegetation and soil, flooding, soil slippage, water runoff and destruction of unique land forms and predominant views. It is further the purpose of this subsection to encourage good land use planning and design and to maximize the best use of the natural terrain and to maintain the critical land forms intact to the extent reasonably possible and desirable.
(b)
Effective and reasonable application of these regulations will protect the health, safety, and welfare of the citizens of the Borough of Alpine, and the following purposes of the Municipal Land Use Law are advanced (N.J.S.A. 40:55D-2) by these regulations:
b. | To secure safety from fire, flood, panic and other natural and man-made disasters; | |
g. | To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens; | |
i. | To promote a desirable visual environment through creative development techniques and good civic design and arrangements; | |
j. | To promote the conservation of historic sites and districts and districts open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land; |
(c)
Master Plan.
[1]
The 1994 Borough of Alpine Master Plan Update recommended identification of steep slope areas and the Statement of Objectives and Principles contained the following:
9. | To encourage good design, existing natural settings and preservation of trees which will be compatible with surrounding properties and with the high quality of residences in Alpine. |
[2]
Furthermore, the 2002 Borough of Alpine Master Plan reiterated the Borough's concern with protection of environmentally sensitive features by including the following goal and associated policy statement:
[Added 2-26-2003 by Ord. No. 609]
[a]
Goal: To ensure that any prospective development is responsive to the borough's environmental features and is designed to preserve the community's physical characteristics.
[b]
Policy statement: The Borough of Alpine seeks to limit development to that which is sensitive to the community's particular physical characteristics, and preserves the borough's sensitive environmental features. In particular, the borough seeks to limit development to that which preserves steeply sloped areas (defined to include any slope of minimally 15% grade), wetlands, and floodplains, and retains existing vegetation (particularly trees of a caliper of six inches or more and clusters of trees which may be of lesser caliper if determined appropriate). With respect to these areas of concerns:
[i]
The borough should require restitution for all illegally removed trees.
[ii]
Borough policy seeks to encourage the conservation of sites with particular environmental sensitivity, especially those properties along Route 9W.
[iii]
It is specifically noted with respect to steep slopes that slope zoning regulations should be applied to each individual building lot in a development application.
[iv]
The borough takes cognizance of the fact that there are numerous sites in the municipality that are typified by extensive environmentally sensitive features and therefore may not be able to accommodate its full zoned development potential.
(2)
Applicability. The requirements, guidelines, and controls promulgated under this subsection shall be applicable to all properties within all zone districts situated in the Borough of Alpine in their existing physical state or condition as of the date of the passage of this subsection. Said applicability shall apply only to new construction where said properties fall within 15% or greater slope area, except as provided for in Subsection E(5). This subsection shall further apply to building reconstruction where over 50% of any structure on a property or parcel of land is destroyed by fire or other natural occurrence or as a result of redevelopment and the entire footprint of said structure falls within a 15% or greater slope area.
(3) DISTURBANCE DISTURBANCE CONTROL CRITERIA GRADE(a) (b) GRADING GRADING LIMITATIONS SLOPE MEASUREMENT CRITERIA(a) (b) (c) STEEP SLOPE TRANSITIONAL GRADING
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Any physical activity which results in removal of vegetation, modification of topography by cutting or filling, stripping of topsoil, and/or placing of physical structures or improvements thereon.
The contour or surface of the ground.
ORIGINAL GRADEThe natural contour or surface of the ground before any disturbance.
FINISHED GRADEThe contour or surface of the ground at the completion of a project after any disturbance.
Any disturbance of the original grade by stripping, cutting, filling, stockpiling, or any combination thereof.
The following slope measurement criteria shall serve as the basic means of identifying and categorizing steep slopes as further regulated under this subsection:
Vertical measurement: Vertical measurement shall be determined utilizing two-foot contours as documented and determined by on-site survey or the use of photogrammetric aerial topography.
Horizontal measurement: Horizontal measurement shall be determined by use of an appropriate scale as required by Borough site plan or subdivision ordinance[7] measuring a minimum horizontal section 30 feet in length.
Application of vertical and horizontal measurements: The vertical and horizontal measurements are utilized to determine the slope by measuring the vertical rise on the basis of two-foot contours in a thirty-foot horizontal length.
Includes slopes in excess of 15% in gradient as measured and documented in accordance with the "slope measurement criteria" definition.
The disturbance in that area of land between the original grade and the finished grade to accommodate roads, parking areas, structures and other like improvements.
[5]
Editor's Note: This ordinance also repealed the former definition of "adjusted density," which definition immediately preceeded this definition prior to its redesignation from "density control criteria" to "disturbance control criteria."
[6]
Editor's Note: The former definition of "permitted density," which definition immediately followed this definition, was repealed 2-26-2003 by Ord. No. 609.
(4)
Application procedure. For all subdivision plats, site plans and applications for building permits, the following information shall be submitted to the Borough Engineer for review:
(a)
Topography map showing existing contours at two-foot intervals.
(b)
Areas clearly identified showing the following slopes as measured in a thirty-foot horizontal length pursuant to the definition of "slope measurement criteria" in Subsection E(3):
35% or greater | |
25.0% to 34.9% | |
15.0% to 24.9% | |
0.0% to 14.9% |
(c)
Calculations, in square footage and areas, of amount of area in the various slope categories listed above.
(5)
Disturbance control criteria. To meet the purposes, goals and standards set forth in this subsection only the following disturbance and physical development activities shall be permitted:
[Amended 2-26-2003 by Ord. No. 609[8]]
Column 1 Slope Category (percent) | Column 2 Grading Limitations (percent) | Column 3 Activity allowed | |
|---|---|---|---|
0.0% to 14.9% | 100% | All construction allowed | |
15.0% to 24.9% | 50% | Only transitional grading or road construction | |
25.0% to 34.9% | 30% | Only transitional grading | |
35.0% and above | 0% | No disturbance allowed |
[8]
Editor's Note: This ordinance also repealed former Subsection E(5), Density Control Criteria and Computations, which subsection immediately preceeded this subsection, and redesignated former Subsection E(6) through E(9) as Subsection E(5) through E(8), respectively.
(6)
Exemptions. All existing developed structures shall be exempt from this subsection, except as provided for in Subsection E(2).
(7)
Soil moving. Nothing herein shall be construed to affect the provisions of Chapter 185, Soil Fill and Soil Removal.
(8)
Planning Board jurisdiction and variances. Nothing in this subsection shall be construed to limit the jurisdiction of the Planning Board or Zoning Board of Adjustment over site plan approval or to grant variances or waivers in accordance with the Municipal Land Use Law, as amended.