Livingston, NJ Zoning Ordinance

[Added 9-8-2009 by Ord. No. 24-2009]

§ 170-177 Purpose.

The purpose of this article is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss, erosion, excessive stormwater runoff, the degradation of surface water and to maintain the natural topography and drainage patterns of land.

§ 170-178 Background.

Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of water bodies with the associated degradation of water quality and loss of aquatic life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented due to the potential impact on water quality and quantity, and the environmental integrity of landscapes.

§ 170-179 Applicability.

This article shall be applicable to new development, redevelopment or land disturbance on a steep slope on any property within the Township of Livingston steep slope zones specifically listed in Table 1, Properties Within Steep Slope Zones, attached hereto.[1]

[1]

Editor's Note: Table 1 is on file in the Township offices.

The Planning Board or Zoning Board of Adjustment shall review all plans submitted under this article as part of any application for site plan approval or subdivision approval.

The Township Engineer, in all cases, shall review all applications for compliance with this article.

Applicability of the article to any property on Table 1 may be contested by demonstration to the satisfaction of the Township Engineer that no area on the subject property (or proposed or future subdivision thereof) meets the criteria for the presence of a fifteen-percent-or-greater slope based on the Digital Elevation Model used in State of New Jersey mapping. Once demonstrated, the subject property, or subdivision thereof, shall be considered to be outside a steep slope zone and delisted from Table 1.[2]

[2]

Editor's Note: Table 1 is on file in the Township offices.

§ 170-180 Definitions.

As used in this article, the following terms shall have the meanings indicated:

CUT

A location where a slope has been steepened by an excavation.

DE MINIMIS DISTURBANCE

Any new disturbance less than 300 square feet.

DISTURBANCE

The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.

IMPERVIOUS SURFACE

Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.

MAJOR DISTURBANCE

Any disturbance of 1,000 square feet or greater.

MINOR DISTURBANCE

Any disturbance equal to or greater than 300 square feet, but less than 1,000 square feet.

PERCENT SLOPE

Rise in feet divided by horizontal distance in feet, with the result multiplied by 100.

PRECAUTIONARY SLOPE

Any steep slope of 15% or greater but less than 25%.

PROHIBITIVE SLOPE

Any steep slope of 25% or greater.

REDEVELOPMENT

The construction of structures or improvements on areas which previously contained structures or other improvements.

STEEP SLOPE

Any slope equal to or greater than 15% as measured over any minimum run of 10 feet, perpendicular to the contour of the slope, based on contour intervals of two feet or less.

§ 170-181 Designation of areas.

Steep slope areas shall be designated or excluded based on site-specific topographic mapping to be prepared by a land surveyor licensed in the State of New Jersey, or utilizing best available topographic information as determined by the Township Engineer. The percent of slope (rise in feet per horizontal distance in feet) shall be established by measurement of distance perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour interval. For example, any location on the site where there is a rise of 1.0 foot over a horizontal run of 10.0 feet constitutes a ten-percent slope; a rise of 1.5 feet over a horizontal run of 10.0 feet constitutes a fifteen-percent slope; and a rise of 2.5 feet over a horizontal run of 10.0 feet constitutes a twenty-five-percent slope.

Previously existing artificially created landscaping features, such as garden mounds or the transitions between terraces, shall be exempt from consideration in calculating slopes for designation of areas under this article. However, if the nominal slope of the land supporting such a feature meets the definition of a steep slope, irrespective of the existence of the feature, it shall be included as a designated area.

Land development plans which have received Planning or Zoning Board approval prior to the adoption date of this article shall be exempt.

Proof of exemption eligibility shall be determined by the Construction Official.

§ 170-182 Steep slope disturbance limits.

For designated steep slope areas, any nonexempt disturbance shall require a permit under this article, except as provided below as confirmed by the Township Engineer:

Redevelopment (or rebuilding after a disaster) within the limits of existing impervious surfaces;

Addition to an existing single-family home where new disturbance to a precautionary slope area is less than 300 square feet (i.e., a de minimis disturbance);

New disturbance necessary to protect public health, safety or welfare, such as necessary linear development with no feasible alternative, or to provide an environmental benefit, such as remediation of a contaminated site.

§ 170-183 Application procedure.

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

All exhibits shall be submitted under this article in the same manner as applications for subdivision approval or site plan approval.

§ 170-184 Information required.

For all subdivisions and site plans regulated under this article (minor and major disturbances), the following exhibits shall be submitted:

(1)

A topographic map, prepared, signed and sealed by a New Jersey licensed land surveyor showing existing contours at two-foot intervals.

(2)

Areas clearly identified on the topographic map showing the following slopes as measured between two-foot contour lines designated as Areas 1 through 3:

(a)

Area 1: 0% to 14.9% (nonregulated slopes);

(b)

Area 2: 15% to 24.9% (precautionary slopes);

(c)

Area 3: 25% or greater (prohibitive slopes).

(3)

Calculations, in square feet and acres, of amount of area in the various slope categories listed above.

Where development is proposed on steep slopes (i.e., equal to or greater than 15%) as part of preliminary subdivision approval or preliminary site plan approval, the following additional exhibits, prepared, signed and sealed by a New Jersey licensed professional engineer, shall be submitted.

(1)

For all minor and major disturbances (equal or greater than 300 square feet):

(a)

Type and location of construction activity, including the amount of site grading.

(b)

Location of construction access roads.

(2)

For major disturbances (equal or greater than 1,000 square feet) only:

(a)

Erodibility potential of exposed soils.

(b)

Length, steepness and surface roughness of exposed slopes.

(c)

Resistance of soil to compaction and stability of soil aggregates.

(d)

High-water table, water infiltration capacity and capacity of soil profile.

(e)

Any other engineering data which shall be deemed reasonably necessary by the Township Engineer to determine compliance with this section.

§ 170-185 Special development requirements.

No soil shall be excavated, removed, deposited, or disturbed within an area of steep slopes except as a result of and in accordance with a site plan or subdivision approved under the terms of this article and consistent with Chapter 170, Land Use, and Chapter 260, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations.

Proposed disturbances of soil shall be for purposes consistent with the intent of this chapter and it shall be executed in a manner consistent with Chapter 170, Land Use, and Chapter 260, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations.

Provision shall be made for the proper disposition of surface water runoff so that it will be in a manner consistent with Chapter 170, Land Use, and Chapter 260, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations. Appropriate temporary and permanent storm drainage facilities shall be constructed to adequately protect downstream properties.

Any proposed vehicular facilities including roads, drives, or parking areas shall be so designed that any land disturbances shall be in compliance with Chapter 170, Land Use, and Chapter 260, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations. Both the vertical and horizontal alignment of vehicular facilities shall be so designed that hazardous circulation conditions will not be created.

Existing grades along the center line of any proposed driveway shall not exceed 15%. The connection of any driveway to a street shall be by a vertical curve of sufficient radius to provide a smooth transition. The horizontal angle of intersection of a driveway with a street shall not be less than 60°.

Any fill (only clean fill is permitted) placed on the lot shall be properly stabilized and when found necessary, depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer.

All cuts shall be supported by retaining walls or other appropriate structures when, depending upon the nature of the soil characteristics, such structures are found necessary by the Township Engineer to prevent erosion.

Walkway slopes shall not be in excess of 6% unless the construction of a ramp is required and steps are provided.

Compaction of fill. Fill material shall not consist of or include organic material, nor rocks greater than eight inches in diameter. Fill material shall be compacted at least 90% of the maximum density.

Vegetation and revegetation.

(1)

For major disturbances, the permittee shall submit a stabilization and revegetation plan prepared, signed and sealed by a New Jersey licensed professional engineer which shall include a complete description of the existing vegetation, the vegetation to be planted, and slope stabilization measures to be installed. The revegetation and slope stabilization plan shall be submitted with the grading plan.

(2)

Every effort shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation or landscaping, e.g., cut and fill slopes.

(3)

All disturbed soil surfaces shall be stabilized pursuant to Chapter 170, Land Use, and Chapter 260, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations.

(4)

Every effort shall be made to preserve the maximum number of trees and other existing vegetation on the site and to avoid disturbance of the critical upland forest areas, and to preserve the unique and predominant views.

Any parts of any ordinances inconsistent with this article are hereby repealed as to such inconsistency only.

All variances relating to this article are deemed to be "C" variances. It is the intent and purpose of this article to provide bulk limitations which may be deviated from only in accordance with "C" variance standards.

§ 170-186 Conflicts and severability.

Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this article are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this article apply.

Severability.

(1)

Interpretation. This article shall be so construed as not to conflict with any provision of New Jersey or federal law.

(2)

Notwithstanding that any provision of this article is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the article shall continue to be of full force and effect.

(3)

The provisions of this article shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.

§ 170-187 Enforcement; violation and penalties.

The requirements of this article shall be enforced by the Township Engineer or his designee who shall conduct investigations when any person or entity is believed to be in violation hereof. Any person or entity that violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000. The violation of any section or subsection of this article shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this article. Each day a violation continues shall be considered a separate offense.

§ 170-188 Maintenance.

The owner of the property, all successors and any other person or agent in control of the property shall properly maintain in good condition and promptly repair and restore all improvements permitted under this article.

§ 170-189 Township Engineer approval.

Following completion of construction or other activity, the owner shall apply for approval by the Township Engineer or his designee. Such approval shall not be issued until the Township Engineer or his designee certifies that all matters are in compliance with the plans submitted pursuant to this article.

Livingston City Zoning Code

ARTICLE XXIV