2678-22 Ordinance - Steep Slope - Redlined.pdf

8 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 measure 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 intersection of a driveway with a street shall not be less than 60º degrees. 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driveways, new streets and walkway slopes shall not exceed 6% unless a ramp and steps are provided, except where superseded by the Residential Site Improvement Standards. 9.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

ty. 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

9 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. § 25-28.9 Adequate Contiguous Area. When a lot contains rock formations, wetlands, wetland transition areas, State open waters, floodway, riparian zones, slopes exceeding 10%, land within 100 feet of a cliff face, land within 100 feet of a ridge line, depth to bedrock of less than four feet, or similar constraining conditions, the appropriate Board (Planning or Zoning), after adequate investigation, shall determine whether adequate continuous area free of restraining conditions exist. In such an instance, it must be demonstrated that there is an adequate contiguous area on the lot which is free of constraining factors and which is sufficient to accommodate the proposed development, including but not limited to, all access drives, parking areas, front, rear and side yards and the like, constructed in accordance with all the provisions of this section. The unconstrained area shall have a width as defined in § 25-4 lot width, but for a depth sufficient to build a structure, within the minimum bulk requirements. § 25-28.10 Variances. Any applicant subject to the requirements of this chapter seeking to construct, disturb or clear in excess of the requirements of this ordinance shall require a variance under N.J.S.A 40:55D-70(c). III. REPEAL OF CONFLICTING ORDINANCES Any Ordinances of the Township that are in conflict with this Ordinance are hereby repealed to the extent of such conflict. Except that this Ordinance does not supersede Chapter 31.

10 IV. SEVERABILITY If any part of this Ordinance shall be deemed invalid, such parts shall be severed and the invalidity thereof shall not affect the remaining parts of this Ordinance. V. EFFECTIVE DATE This Ordinance shall take effect after its final passage and publication in accordance with the law. ROBERT D. PARISI, MAYOR SUSAN McCARTNEY COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: March 1, 2022 ADOPTED: March 15, 2022

11 2678-22 Legislative History The Township of West Orange is located in an area of steep slopes. In addition, over recent years the Township has been experiencing severe weather conditions as a result of global warming and climate change. The purpose of the ordinance changes is to ensure that the health, safety and welfare of the residents of the Township is protected in light of the climate changes that are occurring.