Wyckoff City Zoning Code
ARTICLE XI
Critical Slope Areas
§ 186-61 Purpose.
A.
It is the express purpose of this section to create developmental controls and to provide for the preservation of critical slope areas in the Township of Wyckoff. The development controls provided for in this section are necessary to minimize the adverse and negative impacts of construction in steep slope areas in the form of erosion, siltation, excessive removal of vegetation and soil, flooding, soil slippage, water runoff, pollution, pollution of potable water supplies and the destruction of unique land forms and predominant views. The most appropriate method of alleviating such conditions is through the regulation of disturbance to soil and vegetation in critical slope areas.
B.
Effective and reasonable application of these regulations will protect the health, safety and welfare of the citizens of the Township of Wyckoff and will advance the following purposes of the Municipal Land Use Law (N.J.S.A. 40:55D-2):
(1)
To secure safety from fire, flood, panic and other natural and man-made disasters;
(2)
To provide sufficient space and appropriate locations for a variety of agriculture, residential, recreational, commercial and industrial uses and open space, both public and private, according to the respective environmental requirements, in order to meet the needs of all New Jersey citizens;
(3)
To promote a desirable visual environment through creative development techniques and good civic design and arrangement;
(4)
To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land.
§ 186-62 Definitions.
The following definitions are applicable to this article:
Land where the grade is 15% or greater.
Any alteration or change to the natural terrain space (including soil and vegetation). This term includes any activity involving grading or filling of a site, but does not include restoration or stabilization of an existing condition. This term shall also include the placing of or removal of physical structures or improvements on such natural terrain.
An elevated deposit of soil, rock or other materials either constructed or natural.
The percent of rise or descent of a sloping surface. For example, a 15% grade corresponds to a fifteen-foot vertical change in elevation for every 100 feet of horizontal distance.
Grasses on other vegetation used in the stabilization of soils.
A structure constructed and erected between lands of different elevations to protect structures and/or to prevent erosion, and which is minimally two feet in height.
The deviation of a surface from the horizontal, usually expressed in percent.
§ 186-63 Steep slope identification and categories.
All applications for minor or major subdivision or site plan approval, or for a permit for construction, or grading or clearing of any lot, except as otherwise provided in the definition of disturbance herein shall be evaluated for the presence of critical slope areas.
A.
Slope categories. The applicant shall prepare and submit a slope analysis for the entire site (including proposed roadways and common areas), and each proposed or existing lot. The property shall be evaluated to determine the presence of critical slope areas in the following categories:
Table 1 Slope Analysis Categories | ||
|---|---|---|
Slope Category | Percent Grade | |
1 | 15 to 19.99% | |
2 | 20 to 24.99% | |
3 | 25% or Greater | |
B.
Slope analysis. The slope categories shall be identified on a plan drawn at a scale as required by the Township's site plan or subdivision submission requirements. It shall show the existing and proposed topographic contours at two-foot intervals and delineate the categories of critical slope areas as defined in Table 1 above. Existing contours shall be shown for a minimum distance of 25 feet beyond the subject property boundaries.
C.
Additional information required. The analysis provided by the applicant shall contain the following additional information:
(1)
It shall delineate and quantify those areas proposed for disturbance. The applicant shall provide a table showing the calculation of disturbed area in square feet and as a percent of the lot area, for each proposed lot.
(2)
It shall identify soil types present on the property, with specific reference to highly erodible soils, as identified by the United States Department of Agriculture Soil Conservation Service.
(3)
It shall provide details on how the proposed construction will minimize adverse impacts upon the existing natural features of the lot.
(4)
Plans and specifications for any retaining walls, steps, fences or other protective structures shall be provided.
§ 186-64 Applicability and limitations on development in steep slope areas.
A.
Applicability. The requirements, guidelines and controls promulgated under this article shall be applicable to all property within all zone districts situated in the Township of Wyckoff.
B.
Maximum allowable disturbed area. No buildings, improvements or structures, including roads, driveways, or parking areas, shall be constructed, nor shall any displacement of soil or removal of vegetation occur or disturbance, as defined in this section, within critical slope areas, except in accordance with the schedule provided below.
Table 2 Permitted Levels of Disturbance in Critical Slope Areas | |||
|---|---|---|---|
Slope Category | Percent Grade | Maximum Disturbed Area | |
1 | 15% - 19.99% | 50% of area in Slope Category 1 | |
2 | 20% - 24.99% | 45% of area in Slope Category 2 | |
3 | 25% or greater | 35% of area in Slope Category 3 | |
For a subdivision proposal, calculation of disturbed area is based on each individual lot, not the entire tract as a whole. Common areas are also subject to the maximum disturbed area. |
C.
Limit of disturbance. A limit of disturbance line shall be established to preserve existing vegetation on each proposed lot.
D.
Variance required. Disturbance of steep slopes in an amount greater than indicated in Table 2 above shall require a variance.