Verona City Zoning Code
ARTICLE XXIII
Steep Slopes
[Added 4-4-2016 by Ord. No. 3-16]
§ 150-23.1 Purpose.
The purpose of this article is to regulate the degree of disturbance of 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.
§ 150-23.2 Background.
Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff, soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. The Township Council desires to regulate the disturbance of steep slopes to ensure against the adverse consequences of such disturbances.
§ 150-23.3 Applicability.
A.
The governing body of the Township of Verona recognizes that the Township is almost fully developed and that most of the lots in the higher density residential zones are developed and that the impact of disturbance of steep slopes on or otherwise developing and redeveloping such lots, whether currently developed or not, will not have the same adverse consequences as disturbance of previously undeveloped larger lots or of redevelopment of larger lots. As such, all properties in the following zones are exempt from the provisions of this Article XXIII:
(1)
R-40 (Very-High-Density Single-Family).
(2)
R-50 High-Density Single-Family).
(3)
R-50B (Medium/High-Density Single-Family).
(4)
R-60 (Medium-Density Single-Family).
(5)
P (Public).
(6)
T (Transportation).
B.
Despite anything contained herein to the contrary, this Article XXIII shall not apply to an application for a minor subdivision that seeks only to modify an existing lot line without creating a disturbance.
C.
Except as otherwise specifically set forth, this chapter shall apply to new development, redevelopment or land disturbance on a steep slope on all properties within the Township of Verona. The Planning Board or Zoning Board of Adjustment shall review all plans submitted under this chapter as part of any application for a construction permit, site plan approval, or subdivision approval. The Township Engineer, in all cases, shall review all applications for compliance with this chapter. Applicability of the ordinance 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 15% or greater slope. Once demonstrated, the subject property, or subdivision thereof, shall be considered to be exempt from the requirements set forth herein.
§ 150-23.4 Definitions.
The following words shall have the following meanings as used in this Article XXIII and for purposes of this Article XXIII:
CUT
A location where a slope has been steepened by an excavation.
DE MINIMUS DISTURBANCE
Any new disturbance less than 500 square feet.
DISTURBANCE
The placement of impervious surface, the construction of a structure, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation. The planting of any vegetation in and of itself shall not be considered a disturbance.
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, and water features.
MAJOR DISTURBANCE
Any disturbance of 1,000 square feet or greater.
MINOR DISTURBANCE
Any disturbance equal to or greater than 500 square feet, but less than 1,000 square feet.
PERCENT SLOPE
The rise in feet divided by horizontal distance in feet, with the result multiplied by 100.
PRECAUTIONARY SLOPE
Any slope of 15% or greater but less than 25%.
PROHIBITIVE SLOPE
Any 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.
§ 150-23.5 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 for the disturbed area. The percent of slope shall be calculated for each two-foot contour interval. For example, any location on the site where there is a 1.0-foot rise over a 10.0-foot horizontal run constitutes a 10% slope; a 1.5-foot rise over a 10.0-foot horizontal run constitutes a 15% slope; and a 2.5 foot rise over a 10.0-foot horizontal run constitutes a 25% slope. Previously existing artificially created landscaping features or construction elevation changes, such as, but not limited to, retaining walls, garden mounds or the transitions between terraces, or the creation of a railroad bed, shall be exempt from consideration in calculating slopes for designation of areas under this chapter. 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 received planning or Zoning Board approval prior to the adoption date of this chapter shall be exempt. Proof of exemption eligibility shall be determined by the Construction Official.
§ 150-23.6 Steep slope disturbance limits.
For designated steep slope areas, any nonexempt disturbance shall require a permit under this chapter, except as provided below as confirmed by the Township Engineer:
A.
Redevelopment (or rebuilding after a disaster) within the limits of existing impervious surfaces.
B.
Addition to an existing single-family home where new disturbance to a precautionary slope area is less than 500 square feet (i.e., a de minimis disturbance).
C.
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.
§ 150-23.7 Application procedure.
Applicants for a construction permit, site plan approval, or subdivision approval shall submit to the Construction Office all information and documents required by this chapter in the same form as applications for subdivision approval or site plan approval.
§ 150-23.8 Information required.
A.
For all subdivisions and site plans regulated under this chapter (minor and major) 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.
B.
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 (> 500 square feet):
(a)
Type and location of construction activity, including the amount of site grading.
(b)
Location of construction access roads.
(2)
Additionally, for major disturbances (> 1,000 square feet):
(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.
§ 150-23.9 Special development requirements.
A.
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 Chapter 150, Zoning, and Chapter 440, 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 150, Zoning, and Chapter 440, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations.
B.
Provisions shall be made for the proper disposition of surface water runoff so that it will be in a manner consistent with Chapter 150, Zoning, and Chapter 440, 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.
C.
Any proposed vehicular facilities, including roads, drives, or parking areas, shall be so designed that any land disturbances shall be in compliance with Chapter 150, Zoning, and Chapter 440, 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°.
D.
Fill shall be "clean" and when placed on the lot shall be properly stabilized and when found necessary, depending upon existing sloped and soil types, supported by retaining walls or other appropriate structures as approved by the Township Engineer.
E.
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.
F.
Walkway slopes shall not be in excess of 6% unless the construction of a ramp is required and steps are provided.
G.
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.
H.
Vegetation and revegetation. 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. 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. All disturbed soil surfaces shall be stabilized pursuant to Chapter 150, Zoning, and Chapter 440, Soil Removal, of this Code and the Hudson Essex Passaic Soil Conservation rules and regulations.
I.
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.
J.
It shall be presumed that upon compliance with all of the requirements set forth in this section, de minimus and minor disturbances shall be permitted on all steep slopes.
K.
It shall be presumed that upon compliance with all of the requirements set forth in this section, major disturbances shall be permitted on no more than 50% of an area identified as a precautionary slope.
L.
It shall be presumed that upon compliance with all of the requirements set forth in this section, major disturbances shall be permitted on no more than 5% of an area identified as a prohibitive slope.
M.
Major disturbances on more than 5% of a prohibitive slope shall not be permitted unless the applicant can demonstrate to the Planning Board or the Zoning Board of Adjustment as the case might be, that some disturbance is necessary otherwise the applicant will have no ability to utilize the property on which the slope is located for any purpose permitted within the zone in which the property is located. By way of example and not limitation, should a major disturbance of a prohibitive slope be necessary to allow ingress/egress to a property, and should failure to allow disturbance of a prohibitive slope effectively prohibit all reasonable development on a property otherwise developable in accordance with other sections of this Code, including those developments that require variances and/or waivers herein, the Planning Board or Zoning Board shall allow such disturbance provided that the applicant meets all of the requirements set forth in this § 150-23.9. No exception to a prohibition against building on a prohibitive slope in accordance with this subsection shall be granted if the property owner can create or build upon the lot on which the prohibitive slope is located without the benefit of such exception.
§ 150-23.10 C variances.
All variances relating to this chapter are deemed to be "C" variances. It is the intent and purpose of this chapter to provide bulk limitations which may be deviated from only in accordance with "C" variance standards.
§ 150-23.11 Conflicts and severability.
A.
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this chapter at the time of the passage of 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)
Despite that any provision of this chapter is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the ordinance 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.
§ 150-23.12 Enforcement; violations and penalties.
The requirements of this chapter 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 chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000 and shall be ordered to stabilize the disturbed area and return the disturbed area to its previously existing condition. The violation of any section or subsection of this chapter 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 chapter. Each day a violation continues shall be considered a separate offense.
§ 150-23.13 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 chapter.
§ 150-23.14 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 chapter.
