West Orange City Zoning Code
§ 25-28.8
Limitations on Development in Steep Slope Areas.
[Ord. No. 2357-12 § 25-28.8; amended 5-24-2022 by Ord. No. 2678-22]
a.
No soil or vegetation shall be disturbed or structures constructed within 100 feet of the ridge line, cliff face, and rock cuts along the roadways or quarries as defined herein, including, but not limited to, those identified in Exhibit A attached hereto, dated December 4, 1989, unless otherwise recommended by a qualified professional geotechnical engineer performing the geotechnical analysis stipulated in Subsection 25-28.7b12 above. (Exhibit A may be found on file in the Township offices.)
b.
Disturbance of steep slopes and excessive steep slopes shall not exceed the limits established in Table One.
Table 1 | ||
|---|---|---|
All Districts | ||
Slope | Maximum Disturbed Area | |
1. | 0% to 10% | 100% |
2. | 10% to 14.99% | 60% |
3. | 15% to 19.99% | 40% |
4. | 20% to 24.99% | 20% |
5. | 25% or greater | 0% |
c.
Disturbances of slopes of 25% or more is prohibited.
d.
Effective lot area for all districts (restrictions for effective lot area)
Table 2-Effective Lot Area |
(All Districts) |
The area of a lot shall be reduced dependent upon the slopes present on the lot as well as the presence of other natural features including wetlands, wetland transition areas, state open waters, floodway and riparian zones. Permitted density on the lot is based on the effective lot area. The building and impervious coverage are also computed on the effective lot area. |
Slope | Usable Lot Area | Adjustment Factor | |
|---|---|---|---|
1. | 0% to 10% | 100% | 1.0 |
2. | 10% to 14.99% | 60% | 0.6 |
3. | 15% to 19.99% | 40% | 0.4 |
4. | 20% to 24.99% | 20% | 0.2 |
5. | 25% and over | 0% | 0.0 |
e.
All wetlands, wetlands transition areas, state open waters, floodways, riparian zones, lands within 100 feet of a cliff face and lands within 100 feet of a ridge line are treated as 100% lot reduction and are excluded from effective lot area. Wetlands, wetland transition areas, state open waters, floodways, riparian zones, lands within 100 feet of a cliff face and lands within 100 feet of a ridge line in areas of steep slopes and excessive steep slopes shall be counted once as a 0.0 area of disturbance and not result in a further reduction of useable lot area.
Example: A six-acre parcel where one acre is 0% to 10% slope has no adjustment. One acre at 10% to 14.99% is 0.6, one acre at 15% to 19.99% will be 0.4, one acre at 20% to 24.99% is 0.2 and one acre at 25% and over is 0.0. Next step is to add 1, 0.6, 0.4, 0.2, and 0 which equals 2.2. That means in the six-acre parcel the effective lot area is 2.2 acres.
f.
The land use board's review and the Municipal Engineer's review of applications for construction, soil disturbance, or vegetation removal subject to these requirements shall include a review of the submissions required by this section of this chapter. The review will include an evaluation of the following factors:
1.
The proposed activity will be conducted in compliance with Hudson-Essex-Passaic Soil Conservation District requirements and Chapter 30, Soil Removal.
2.
Provisions shall be made for the proper disposition of surface water runoff so that it will not increase unstable conditions. Appropriate storm drainage facilities will be constructed.
3.
Provision shall be made for any structure of protective measures that may be required for the protection of public safety or to prevent erosion, including, but not limited to, retaining walls, guide rails, headwalls and fences.
4.
Any proposed building or structure or other protective measures shall not impede the flow of surface water through any watercourse.
5.
Any proposed vehicular facilities, including roads, drives or parking areas, shall be designed to comply with this section and the Hudson-Essex-Passaic Soil Conservation District requirements.
6.
Grades along streets and driveways shall be governed by the Residential Site Improvement Standards. The connection of any driveway to street shall be by a vertical curve of sufficient radius to provide a smooth transition. The horizontal angle of the intersection of a driveway with a street shall not be less than 60°.
7.
Any fill placed on the lot shall be properly stabilized and, when found necessary, depending upon existing slopes and soil types, supported by retaining walls and other appropriate structures as approved by the Township Engineer.
8.
Sidewalk, driveways, new streets and walkway slopes shall not exceed 6% unless a ramp and steps are provided, except where superseded by the Residential Site Improvement Standards.
9.
There shall be no alteration of site elevations in excess of one foot within five feet of an adjoining property.
10.
Changes in the grade shall not exceed slope of three to one unless supported by retaining walls.
11.
Retaining walls will comply with the applicable wall height requirements for the zone in which the property is located. All retaining walls greater than four feet in height shall require a variance and certification by a professional engineer that the wall was constructed in accordance with approved plans.
12.
Fill material shall not consist of or include organic material, nor rocks greater than eight inches in diameter. Fill material shall be compacted to 90% of the maximum density.
13.
Reasonable efforts shall be made to conserve topsoil which is removed during construction for later use on areas requiring vegetation of landscaping, e.g., cut and fill slopes.
14.
No structure on the slope shall be located within 60 feet of the bottom of the cliff.
15.
Design guidelines: Structures shall be built on the lesser slopes. No structure shall be built on the talus slope of the cliff face.
16.
Tree removal on the site shall be subject to the Township's Tree Protection Ordinance, § 25-27.
17.
Vegetation and Revegetation.
(a)
The developer shall submit a stabilization and revegetation plan in accordance with Chapter 30.
(b)
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.
(c)
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 area, and to preserve unique and predominant views.
