Within the Borough of Kinnelon there exist certain environmentally sensitive areas which, because of soil conditions or the existence of streams, floodplains, ponds, lakes or wetlands, may be subject to periodic inundation or water infiltration and which may result in danger to life and property, health and safety hazards, disruption of commerce and government services, extraordinary public expenditure for flood protection and relief or for community facilities and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. It is the purpose of this article to protect the health, safety and welfare of people and property within the Borough of Kinnelon from improper construction, building and development on steep slope and hillside areas in the Borough of Kinnelon 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 the 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.

In addition, within the Borough of Kinnelon such slopes are often associated with areas of exposed bedrock, shallow depth to bedrock, severe erosion potential, boulder-strewn shallow soils and perched water tables invariably involving severe limitations not only to development, but to road construction and maintenance and septic effluent disposal. Disturbance of these areas can lead to contamination and depletion of water supplies, increased runoff of stormwaters and contamination and siltation of surface water systems. Of special concern are bedrock cuts made where shallow depth to bedrock and shallow soils occur that may empty aquifers feeding nearby wells and the danger of septic and nonpoint source pollution of ground- and surface water supplies and systems. The Borough of Kinnelon, for the most part, relies on these wells and septic systems and is the source of surface water feeding many potable water supply reservoirs. Rivers, streams, ponds, lakes and wetlands, together with their adjacent upland areas, support protective bands of vegetation that line the water's edge. Under natural conditions, these areas maintain and enhance surface and ground water quality by filtering out sediments and associated nonpoint pollutants from adjacent land uses. They store water and thereby stabilize dry weather stream flows, groundwater levels and flood hazards.

It is therefore determined that the special and paramount public interest in these environmentally sensitive areas justifies the regulation of property located thereon as provided below, which is the exercise of the police power of the Borough for protection of persons and property of its inhabitants and for the preservation of the public health, safety and general welfare.

Flood hazard area. The stream channel and the relatively flat area adjoining the channel of a natural stream which has been inundated or covered by floodwaters, from a one-hundred-year storm frequency flood, as defined by the New Jersey Department of Environmental Protection.

Wetlands area. Area saturated by surface or ground water and/or containing hydrophytic vegetation and as further defined in N.J.S.A. 13:9B-1 et seq., "Freshwater Wetlands Protection Act."

Stream. Any body of continuously or intermittently flowing water, whether designated as a stream, brook, river or otherwise, and consisting of a bed and banks.

Lake area. Any body of water with a mean depth of three feet or greater and a surface area greater than 1/2 acre, whether designated as a pond, lake or reservoir.

Slope area. Any slope having a grade of 15% or more.

Applicants for site plan approval or subdivision approval shall submit to the Planning Board Secretary all information, documents and exhibits required by this article.

The Planning Board Secretary shall process all exhibits and documents submitted under this article in the same manner as applications for subdivision approval or site plan approval.

All environmentally sensitive areas as defined above shall be identified and delineated on the site plan or subdivision map by a professional with educational background and experience in the field of environmentally sensitive areas delineation.

Regulation for flood hazard areas. Notwithstanding any other provision of this chapter, development in flood hazard areas shall be regulated as follows:

Regulations for wetlands. The extent of municipal regulation of wetlands is dependent upon whether or not the wetlands and proposed activity fall within the jurisdiction of the New Jersey Department of Environmental Protection (NJDEP) pursuant to the New Jersey Freshwater Wetlands Act, N.J.S.A 13:9B-1 et seq. (Act). The NJDEP has exclusive control over regulated activities within freshwater wetlands as defined in the Act.

Regulations for lake areas. Notwithstanding any other provision of this article, no building or structure shall be erected or constructed, either above or below ground level, within 50 feet of the edge of any lake. Nothing herein contained, however, shall be construed to prohibit the construction and maintenance of dams or other structures for the impoundment or retention of water in any such stream or lake or of dug ponds or reservoirs, provided that all applicable requirements and approvals of any public authority having jurisdiction over such matters are met and obtained. The following shall be permitted uses or activities in lake environmentally sensitive areas, provided that they do not disturb the natural and indigenous character of the areas and provided that such use is permitted and in accordance with all other Borough ordinances:

Slope regulations. To meet the purposes and goals set forth in this article, the applicable provisions of this Zoning Ordinance relating to minimum lot sizes and density of development shall be modified in areas of slopes greater than 15%. Slope calculations shall be based on elevation or contour intervals of 10 feet and shall be computed as follows:

The foregoing provisions shall not be construed to preclude the installation of underground utility lines through the above-designated areas.

Slope regulations in § 207-81D shall apply only to the 60,000 square feet of lot area nearest the street of a rear or back lot as defined in § 207-4B, "lot, rear or back," of this chapter. The sixty-thousand-square-foot contiguous area shall be measured by drawing a line parallel to the side line of the street giving access to the rear or back lot. The line shall be located at the least distance from the street side line as is necessary to enclose not less than 60,000 square feet of contiguous lot area.