Montgomery City Zoning Code
§ 16-16.11
Steep Slopes.
[Added 12-19-2024 by Ord. No. 24-1746]
a.
The purpose of designating steep slopes as critical areas is to prevent soil erosion and stormwater runoff resulting from development of such steep slope lands. Development, including well and sewage disposal systems, throughout the Township shall occur only on the portion of a lot or tract outside the steep slope area, except as otherwise specifically permitted by ordinance, and except further as follows:
1.
No steep slopes shall be disturbed or developed, except as follows in specific situations where it is determined by the Board that soil erosion, land disturbance and other environmental concerns have been adequately addressed by the applicant. The Board may consider variances to allow disturbance of an isolated area or a narrow band of steep slopes for good cause shown by the applicant.
2.
In seeking relief from this subsection, the applicant shall address the performance standards in subsection 16-16.11a3 below to the satisfaction of the Board. Departures and exceptions from the steep slope regulations set forth in this subsection shall be considered variances in accordance with N.J.S.A. 40:55D-70c.
3.
Performance standards. The Board, in considering a variance, shall be guided by, but not limited to, the following:
(b)
The applicant shall demonstrate that the proposed development has utilized the noncritical areas of the tract as reasonably practicable and has attempted to minimize the disturbance of the critical steep slope areas by limiting development to either isolated area(s) of steep slopes and/or those slopes with less of a steep grade prior to the disturbance of more environmentally sensitive critical areas.
(c)
Appropriate revegetation and landscaping of the disturbed steep slope areas shall be provided to adequately stabilize the slopes and enhance the attractiveness of the site, if necessary, and shall be in accordance with accepted soil conservation and stormwater management techniques as promulgated by the Soil Conservation District and the Township Engineer.
(e)
The proposed disturbance of the steep slope area should minimize the impairment of the visual quality of the site. Moreover, the higher elevations along ridge and mountain tops which present visual amenities should be protected, where possible.
(f)
The environmental impacts shall be satisfactorily controlled by the development proposal in a manner acceptable to the Township Engineer so that soil erosion, excess stormwater, runoff, degradation of water quality, concentration of stormwater and water flow, and flooding do not occur.
(g)
The applicant also shall demonstrate that:
(1)
Unless an Environmental Impact Statement (EIS) is otherwise required, endangered or threatened plants and wildlife shall not be harmed;
(2)
The geologic disturbance, including blasting, cutting or excavating, resulting from the development of any critical steep slope area shall be satisfactorily mitigated; and
(3)
The cost of providing and maintaining public facilities and services to those areas where critical steep slopes may be disturbed shall not be substantially increased as a result of such disturbance.