Andover City Zoning Code
ARTICLE XV
Steep Slope Area Regulations
§ 134-68 Purpose; applicability, steep slope development; review process; plan requirements.
A.
Purpose.
(1)
Construction on steep slopes results in accelerated runoff of stormwater. The destruction of natural vegetation and the increase in impervious surfaces compounds the problems of runoff. Excess runoff causes loss of topsoil, silting of streams, flood damages and erosion, as well as the accumulation of pollutants that are carried into downstream water bodies. Leaving woodlands and steep slopes undisturbed aids the control of erosion and sedimentation, the capability of the underlying soils to absorb and retain moisture and the protection of the quality of watershed and streams.
(2)
The purpose of this section is to regulate the intensity of land use in areas of steep slope terrain in order to limit soil loss, erosion, excessive stormwater runoff, and degradation of surface water and to maintain the continuing replenishment of groundwater resources, natural topography, ridgelines and drainage patterns of the land.
(3)
Another purpose of this section is to reduce the visual impact of development on ridgelines and scenic vistas in order to help preserve the rural and scenic character of the Borough, and to promote additional environmental benefits.
(4)
It is not the intent of this section to regulate agricultural activities on properties qualified for farmland assessment under the Farmland Assessment Act (N.J.S.A. 54:4-23.1 et seq.) or for right-to-farm protection under the Right to Farm Act (N.J.S.A. 4:1C-1 to -11).
B.
Applicability.
(1)
General. In order to promote environmental soundness in the development of property and in the layout and design of site plans and subdivisions, the natural resource regulations and restrictions within this steep slope section shall apply to the following activities within the Borough:
(a)
All applications for major or minor subdivision, site plan, or land disturbance approval. "Land or site disturbance" for the purpose of this section shall mean any proposed or anticipated activity involving the clearing, cutting, excavation, grading, filling, storing, or transporting of land or any other activity which increases land exposure and susceptibility to erosion.
(b)
Any site disturbance, development or redevelopment creating greater than or equal to 5,000 square feet gross disturbance.
(2)
Exemptions and exceptions:
(a)
Quarries, gravel pits, sand pits and shale pits, when permitted and regulated under other ordinances of the Borough.
(b)
Isolated areas of small rock outcroppings, man-made steep slopes or other small land risings within an applicable development, provided that the area does not exceed 1,000 square feet in size.
(c)
Land development plans which were granted final approval prior to the adoption date of this section.
(d)
Nothing herein shall be construed to prohibit the use of land for farming activities, provided that such uses are consistent with all other municipal, county, and state regulations, or for which property has an approved agricultural management plan, farm conservation plan or woodland management plan.
C.
Steep slope development regulations. Structures and impervious surfaces may be constructed and land may be disturbed within steep slope areas as outlined below, provided that said disturbance is permitted under all other municipal, county and state regulations:
(1)
On slopes of less than 15%, up to 100% of the slope areas may be disturbed as limited by site development standards pertinent to the applicable zoning.
(2)
On slopes of 15% and up to 19.99%, a maximum of 40% of the slope areas may be disturbed.
(3)
On slopes of 20% and up to 24.99%, a maximum of 20% of the slope areas may be disturbed.
(4)
On slopes of 25% and up to 29.99%, a maximum of 10% of the slope areas may be disturbed.
(5)
On slopes of 30% or greater, no development, regrading or stripping of vegetation shall be permitted.
(6)
Any proposed disturbance for roadway crossings or utility construction in areas of slopes of 30% or greater shall require variance application and approval, and in addition to the required MLUL burden of proof,[1] the applicant must affirmatively demonstrate, via analysis of alternatives, that the roadway or utility improvements are necessary in the sloped area. Roads and driveways shall follow the natural topography to the greatest extent possible to minimize the cutting and grading of critical slope areas.
[1]
Editor's Note: See the Municipal Land Use Law; N.J.S.A. 40:55D-1.
(7)
Site design and grading on slopes of 15% or greater shall provide the minimum disruption of view corridors and scenic vistas and shall preserve significant natural topographic features to the greatest extent possible.
D.
Review process and plan requirements.
(1)
Permit and application review process.
(a)
If the proposed disturbance area(s) contains no slopes of 15% or greater, a letter confirming such shall be issued by the Municipal Engineer, Zoning Officer and/or Construction Official, and applications and permits shall be processed without regard to this section.
(b)
If the proposed disturbance area(s) contains slopes of 15% or greater, the Municipal Engineer shall review the application and related reports and provide a written report on compliance with the terms of the section to the Zoning Officer, Construction Official or Planning and Zoning Board recommending acceptance or rejection of the application and including any specific conditions to be complied with in order for the plans to be approved.
(2)
Performance standards; site plan and other report requirements.
(a)
Before a permit is issued for any construction or site disturbance activity on any land affected by this section, the following material shall be submitted for review by the Municipal Engineer:
[1]
Site plan. For all earthmoving activities on slopes of 15% or greater, the applicant shall submit a site plan prepared by a New Jersey licensed professional engineer and land surveyor (as required for topographic mapping and survey data) that meets the requirements of § 109-9, Preliminary site plan elements, and also includes the following:
[a]
The location of existing natural and topographic features on and within 200 feet of the site boundary.
[b]
The location of all existing and proposed improvements, other impervious surfaces, storm drainage facilities, retaining walls, and all water bodies, including but not limited to streams, lakes and wetlands.
[c]
The general location and density of all existing vegetation, including meadow, forest and scrub lands, and a tabulation of those areas of vegetation which will be removed as well as vegetation to be preserved.
[2]
Grading plan. A grading plan of the subject property that meets the requirements of § 109-9A(8), Site Plan Review[2] and depicts slope classes of 0% to 14.99%, 15% to 19.99%, 20% to 24.99%, 25% to 29.99%, and 30% and greater, based on two-foot contours analyzed on a ten-foot horizontal interval. The grading plan shall include a chart summarizing the area of each slope class and the area and percentage proposed to be disturbed.
[3]
Sediment and soil erosion control plan. A sediment and soil erosion control plan according to the requirements of Sussex County Soil Conservation District and also including a construction narrative and proposed construction schedule, and a statement and description of the stability of soils on site and the appropriateness of the construction method proposed. The plan shall set forth specific structural and nonstructural measures to control sediment generated on site, soil loss, and excessive stormwater runoff both during and after construction. Specifications for revegetation shall also be included.
[4]
Hydrology, drainage and flooding analysis report. A hydrology, drainage and flooding analysis report to include a statement on:
[a]
The effect on the proposed development upon water bodies or wetlands in the vicinity of the project;
[b]
The underlying geology attesting to the stability of the site; and
[c]
The building methods to be used in overcoming foundation and other structural problems created by slope conditions, preserving the natural watersheds, and preventing soil erosion and excessive surface water runoff to neighboring properties and/or streets.
(b)
The use of conservation easements on steep slopes is encouraged to preserve the area in perpetuity.