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Ringwood City Zoning Code

§ 40-4.8 Area, Bulk and Yard Requirements in the R-40V Zone

Steep Slopes.

[Ord. No. 1996-18 §§ 1, 2; Ord. No. 1999-09 §§ 2, 3]
a. 
The purpose of this subsection is to provide protection of steep slopes and other environmentally sensitive areas while encouraging good design standards through innovative and creative land use techniques, to minimize roadway lengths and land disturbance, and to simplify and standardize lot bulk requirements for efficient administration and easier understanding of probable lot yield of vacant parcels which allows for more accurate planning of public facilities.
b. 
Requirements in the R-40V Zone.
1. 
Steep slopes shall be defined as land with a gradient of more than 15%.
2. 
Calculation for the maximum number of lots will be as follows:
(a) 
First determine the area in square feet of the tract in its original, undisturbed state, for each of the following slope categories:
0% to 15%
15.1% to 25%
25.1% to 35%
35.1% to 50%
over 50%
(b) 
Then divide the total square footage in each slope category by the corresponding density factor below:
Slope
Density Factor with Public Water System
Density Factor without Public Water System
0% to 15%
40,000 square feet
80,000 square feet
15.1% to 25%
80,000 square feet
100,000 square feet
25.1% to 35%
120,000 square feet
120,000 square feet
35.1% to 50%
160,000 square feet
160,000 square feet
Over 50%
500,000 square feet
500,000 square feet
(c) 
Add the number of lots in each slope category, disregarding any fractional portion.
3. 
Having determined a possible maximum number of lots, the applicant shall apply the following criteria to each lot which may further reduce the permitted number of lots:
(a) 
Minimum lot size shall be 40,000 square feet in public water service areas and 80,000 square feet in nonpublic water service areas. Bulking requirements are listed in Schedule 3.
(b) 
Each lot shall contain an Area For Development (AFD) rectangle with the following characteristics:
(1) 
The AFD shall be a rectangle of area 7,500 square feet with no side having a length of less than 50 feet.
(2) 
The AFD rectangle shall not contain any slopes in excess of 25% as measured between any two corners based on the natural grade at each of the corners. Lands shall not be regraded to influence the calculation of AFD areas which are based only on the natural gradient.
(3) 
The AFD rectangle shall contain no areas designated as floodways, flood hazard areas, stream corridors, wetlands, or wetland transition areas.
(4) 
At least 3/4 of the AFD rectangle shall be outside of the minimum required yard areas and that buildable portion shall not have a dimension of less than 50 feet.
(5) 
The slope between the AFD rectangle and the existing or proposed street cartway giving access to the lot shall not exceed 25%. The slope shall be calculated based on the elevations at the ends of a straight line having the shortest length between the cartway surface and the portion of the AFD within the permitted building envelope. Elevations within the AFD shall be based on the natural grade.
(6) 
The AFD rectangle shall contain no areas burdened by easements, deed restrictions or similar encumbrances which restrict regrading or the construction of buildings or septic systems.
(7) 
Figure 1 illustrates the application of the AFD provisions.[1]
[1]
Editor's Note: See Figure 1, Illustration of AFD Regulations attached to this chapter.
(c) 
The regrading of slopes over 25% shall be subject to the waiver provisions in Chapter 36, Land Subdivision, subsection 36-14.5i; however, such regarding shall not modify the determination of an eligible AFD area which is to be based only on the natural land gradient.
(d) 
Construction on slopes in excess of 25% shall be permitted only in accordance with a Planning Board approved site specific building and grading plan. These plans shall be adhered to in construction. The Borough Engineer shall determine conformance with the approved plan.
(e) 
The use of regraded slopes shall be minimized and is generally discouraged. The use of retaining walls for grade changes, utilizing indigenous material such as large boulders, is encouraged.
(f) 
Permission to construct in wetlands, stream corridors, floodways, flood hazard areas and their statutory buffers is governed by NJDEP. When these conditions are present, State regulations control and may limit actual lot yield.
(g) 
Not more than 10% of the maximum lot yield shall be allowed as flag lots, provided that the area of each such flag lot is at least double the required area and that access to each flag lot shall be separated by at least two regular conforming lots.
(h) 
The Planning Board may require up to 10% of the total parcel size in usable open space and buffers to protect environmentally sensitive areas, provide recreation areas or provide shielding and buffering.