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.

Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of waterbodies 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 based on the impact disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of landscapes.

Redevelopment within the limits of existing impervious surfaces.

New disturbance necessary to protect public health, safety or welfare, such as necessary linear development with no feasible alternative; to provide an environmental benefit, such as remediation of a contaminated site; or, to prevent an extraordinary and exceptional situation uniquely affecting a specific property that would create a hardship affecting the property, preventing a minimum economically viable use of the affected property based upon reasonable investment, provided that the hardship was not created by the property owner, for example, redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to revitalize development that has fallen into disrepair.

The applicant shall demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a twenty-percent or greater slope.

A prompt investigation shall be made by the appropriate personnel of the Township of North Brunswick, of any person or entity believed to be in violation hereof. If upon inspection, a condition which is in violation of this article is discovered, a civil action in the Special Civil Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, may be commenced by the filing and serving of appropriate process. Nothing in this article shall be construed to preclude the right of the Township of North Brunswick, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. 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.

Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this article shall be subject to a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days, or both. Each day in which such violation continues shall constitute a separate violation or offense. Nothing herein contained shall prevent the Township of North Brunswick from taking such other lawful action as is necessary to prevent or remedy any violation.