North Haledon City Zoning Code
ARTICLE XXVI
Steep Slopes
§ 600-260 Purpose.
The purpose of this chapter is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss, erosion, excessive stormwater runoff, and the degradation of surface water and to maintain the natural topography and drainage patterns of land.
§ 600-261 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 based on the impact disturbance steep slopes can have on water quality and quantity, and the environmental integrity of landscapes.
§ 600-262 Applicability.
This chapter shall be applicable to new development or land disturbance on a steep slope within Borough of North Haledon.
§ 600-263 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Any surface that does not allow rainwater to be directly absorbed into the ground, including, but not limited to, buildings or structures, accessory buildings, generators and generator pads, ground-mounted solar panels, HVAC units and pads, parking areas, driveways, any type of athletic courts, patios, decks, pools (both above and in ground), pool equipment and equipment pads and walkways. Surfaces such as laid stones, slate pavers and timber (laid directly on the ground) with open joints shall constitute 50% of impervious coverage. An open joint shall be any joint which is greater than 1/2 inch in width. Surfaces such as loose stone, porous pavements and pervious pavers shall constitute 25% of impervious coverage.
The construction of structures or improvements on areas which previously contained structures or other improvements.
Any slope equal to or greater than 20% as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less.
§ 600-264 Designation of areas.
The percent of slope (rise in feet per horizontal distance) 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 one-foot rise over a ten-foot horizontal run constitutes a 10% slope; a 1.5-foot rise over a ten-foot horizontal run constitutes a 15% slope; a two-foot rise over a ten-foot horizontal run constitutes a 20% slope.
§ 600-265 Steep slope limits.
A.
For steep slopes, any disturbance shall be prohibited except as provided below:
(1)
Redevelopment within the limits of existing impervious surfaces;
(2)
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; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. For example, redevelopment, within the footprint of existing impervious cover, should be allowed to support efforts to revitalize development that has fallen into disrepair.
(3)
Those areas with slopes ranging from 0% to 14.9% are not restricted against development under this section.
(4)
Within slope areas of 15% to 19.9%, not more than 50% of such areas shall be disturbed for development, regraded or stripped of vegetation.
(5)
Within areas having steep slopes of 20% or greater, no development, regrading or stripping of vegetation shall be permitted unless such activity is essential for the construction of a roadway or driveway crossing, required utility construction, stormwater management control facility or other like necessary improvement. The applicant must demonstrate to the satisfaction of the reviewing board or other official having jurisdiction that such disturbance activity is necessary to fulfill the essential service requirements of the development and that there is no practical alternative to it.
B.
The applicant shall demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a 20% or greater slope. The applicant shall prepare a steep slopes map based on two-foot contour intervals, delineating by category slope classes of 0% to 14.9%, 15% to 19.9% and 20% and greater. The slope map shall include a calculation of the area of proposed disturbance within each slope class within all existing and/or proposed lots, as well as within any proposed road right-of-way.
§ 600-266 Conflicts and severability.
A.
Conflicts: All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this chapter are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this chapter apply.
B.
Severability:
(1)
Interpretation: This chapter shall be so construed as not to conflict with any provision of New Jersey or federal law.
(2)
Notwithstanding that any provision of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the chapter shall continue to be of full force and effect.
(3)
The provisions of this chapter shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
§ 600-267 Enforcement, violation and penalties.
A prompt investigation shall be made by the Borough of North Haledon Police Department, Zoning Officer, Construction Official and/or Property Management Officer or such other employee or department of the Borough of North Haledon as designated by the Mayor and Council of the Borough of North Haledon of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this chapter is discovered, a civil action in the Special 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, by the filing and serving of appropriate process. Nothing in this chapter shall be construed to preclude the right of the Borough of North Haledon, pursuant to N.J.S.A 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court. Any person, corporation and/or entity violating or neglecting to comply with any provisions of this chapter shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty. Each and every day such violation or noncompliance exists shall constitute a separate offense, and an additional fine shall be imposed.
§ 600-268 When effective.
This chapter shall take effect upon final adoption and publication in accordance with the law.