Hampton City Zoning Code
ARTICLE VIII
Steep Slopes Development Control
§ 157-95 Title.
This article of the Land Development Chapter shall be known and may be cited as the "Hampton Borough Steep Slopes Development Control Article."
§ 157-96 Purpose.
It is the purpose of this article to protect the health, safety and welfare of people and property within the Borough of Hampton from improper construction, building and development on steep slope and hillside areas in the Borough and, more particularly but without limitation, to reduce the peculiar hazards which exist in hillside areas by reason of erosion, siltation, flooding, soil slippage, surface water runoff, pollution of potable water supplies from nonpoint sources and destruction of unique and predominant views. It is a further purpose of this article to encourage appropriate planning, design and development sites within hillside areas which preserve and maximize the best use of the natural terrain and maintain ridgelines and skylines intact.
§ 157-97 Applicability.
A.
This article shall apply to all applications for development in the Borough of Hampton in the R-5 Zone.
B.
The Planning Board shall approve all plans submitted under this article as part of any application for site plan approval or subdivision approval.
C.
The Borough Engineer, after referral to and recommendation by the Environmental Commission in appropriate cases, shall approve all applications for compliance with this article.
§ 157-98 Required information; processing; waivers.
A.
Applicants for site plan approval, subdivision approval or a building permit shall submit to the Planning Board Clerk all information and documents (exhibits) required by this article.
B.
The Planning Board Clerk shall process all exhibits submitted under this article in the same manner as applications for subdivision approval or site plan approval.
C.
If the application for development involves land where development is proposed only on slopes of 10% or less, the Planning Board may waive referral to the Environmental Commission and approve the application as being in compliance with this article.
§ 157-99 Required submissions.
A.
For all sketch plats, sketch site plans and applications for building permits, the following exhibits shall be submitted:
(1)
A topography map showing existing contours at two-foot intervals.
(2)
Areas, clearly identified, showing the following slopes as measured between ten-foot contour lines per § 157-101; Area 1, 30% or higher; Area 2, 20% to 29%; Area 3, 11% to 19%; Area 4, zero percent 0% to 10%.
(3)
Calculations, in square footage and acres, of the amount of area in the various slope categories listed above.
B.
Where development is proposed on slopes greater than 10%, as part of preliminary subdivision approval or preliminary site plan approval and for applications for building permits, the following additional exhibits, prepared by a qualified individual or firm, as determined by the Planning Board with the advice of the Environmental Commission, may be required to be submitted:
(1)
The extent and erodibility potential of exposed soils.
(2)
The length, steepness and surface roughness of exposed slopes.
(3)
The resistance of the soil to compaction and the stability of soil aggregates.
(4)
The high-water table, water infiltration capacity and capacity of soil profile.
(5)
The chemical, physical and biological nature of the subsurface soil.
(6)
The type and location of construction activity, including the amount of site grading.
(7)
The time period of exposure of erodible soils during construction.
(8)
The area and density of woodlands and forests, referenced to the vegetation map of the Borough's natural resources inventory, within the construction site and on contiguous lands for a distance of 500 feet. All significant tree specimens shall be indicated on development plans as well as physically marked on the construction site.
(9)
The extent of impervious surface to be constructed.
(10)
The location of construction access roads.
(11)
Calculation of the amount of site grading, to include a cut-and-fill balance sheet, including cross sections, and indicating, where applicable, the volume of and source of off-site fill.
§ 157-100 Review criteria; approval.
A.
The Planning Board or Borough Engineer, as the case may be, shall review and approve only those applications where development plans and necessary improvements accomplish the following:
(1)
Control velocity and rate of water runoff so that such velocity and rate are no greater after construction and development than before and all other provisions of Article VII, Stormwater Control, of this chapter have been complied with.
(2)
Minimize stream turbidity and change in flow.
(3)
Protect environmentally vulnerable areas.
(4)
Stabilize exposed soils both during and after construction and development.
(5)
Prevent soil slippage.
(6)
Minimize the number and extent of cuts to prevent groundwater discharge areas.
(7)
Preserve the maximum number of trees and other vegetation on the site and avoid the critical upland forest areas as shown on the vegetation map of the Borough's natural resources inventory.
B.
The Planning Board or the Borough Engineer, as the case may be, may impose such conditions upon any approval as said Board or Engineer deems necessary to achieve the above-stated goals. All permanent improvements necessary to achieve the above criteria shall be bonded in the same manner as set forth in Article III, Subdivision Review and Approval, and Article V, Site Plan Approval, of this chapter.
C.
Any approval may be subject to the condition that the applicant provide and adhere to a detailed construction schedule, copies of which shall be supplied to the Borough Engineer and the Borough Construction Official for the purpose of monitoring the progress of the work and conditioned upon submission of periodic certifications by the applicant as to compliance with the construction schedule and, in the event of noncompliance, written assurance as to the nature and time when steps will be taken to achieve compliance with the construction schedule.[1]
D.
If the applicant becomes unwilling or unable to comply with the construction schedule or any other requirement or conditions attached to the approval of the application, and the Borough Engineer or the Borough Construction Official certifies such unwillingness or inability to the Planning Board, the Planning Board may thereupon revoke approval of the application, after notice and hearing to the applicant, and no further work may be performed on such site with the exception of temporary measures necessary to stabilize the soil and to protect the site from stormwater damage or other hazards created by construction activity on the site.
§ 157-101 Density and lot size modifications.
A.
To meet the purposes, goals and standards set forth in this article, the applicable provisions of Article IV, Zoning, of this chapter, relating to minimum lot sizes and density of development shall be modified in areas of slopes greater than 10%, except that no lot need be larger than five acres.
(2)
The maximum number of dwelling units allowed on any tract shall be computed as follows:
Land with thirty-percent or more slopes x 0.2 | ||
+ | Land with twenty- to twenty-nine-percent slopes + 0.2 | |
+ | Land with eleven to nineteen-percent slopes + 0.5 | |
+ | Land with zero- to ten-percent slopes | |
= | Total land available for development (TLD) | |
TLD Minimum lot area required per dwelling unit | = | Total number of dwelling units on tract |
B.
Development or improvements shall be discouraged on slopes of 30% or higher unless the applicant can demonstrate that extraordinary measures are proposed to be taken to minimize the impact on the environment. Applicants shall be encouraged to concentrate development on lesser slopes, and the Planning Board, in appropriate cases and with adequate safeguards, may authorize development on lots smaller than permitted in the zone in accordance with the provisions of Article IV, Zoning, regulating cluster development, provided that the total number of dwelling units does not exceed the maximum allowed after application of the density modification formula.
§ 157-102 Maximum impervious surface area.
The maximum impervious surface permitted on steep slopes shall be based on the percentage of slope as follows:
Slopes (percent) | Maximum Impervious Surface |
|---|---|
0 to 10 | As permitted in Article IV, Zoning |
11 to 19 | 50% of that permitted in the zone |
20 to 29 | 20% of that permitted in the zone |
30 | The minimum permitted by the Planning Board if development is permitted |