2678-22 Ordinance - Steep Slope - Amended Rev. 5 - Redlined.pdf

1 2678-22 AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 25 SECTION 28 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE, ENTITLED "STEEP SLOPE AND NATURAL FEATURES ORDINANCE” BE IT ORDAINED BY THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF WEST ORANGE, in the County of Essex and State of New Jersey that Chapter 25 Section 28 of the Revised General Ordinances of the Township of West Orange is hereby amended and supplemented as follows: I. PURPOSE It is the purpose of this chapter to provide development controls for all lands located within the Township of West Orange that have within their boundaries topographical conditions hereinafter defined as "steep slopes." These controls are enacted to minimize the potentially adverse impacts associated with disturbance of steeply sloped areas. The most appropriate method of alleviating such conditions is through the regulation of soil disturbance, vegetation removal in steep slope areas, limitation of building and impervious coverage, reduce densities and increase lot areas. Such regulation promotes and protects the public health, safety and welfare of the Township in their existing physical state or condition as of the effective date of the enactment of this chapter. II. CHAPTER 25-28 SHALL BE AND HEREBY IS AMENDED AND REVISED TO READ AS FOLLOWS: § 25-28 STEEP SLOPE AND NATURAL FEATURES ORDINANCE. § 25-28.1 Background. Disturbances of steep slopes results in accelerated erosion processes from storm water runoff and the subsequent sedimentation of water bodies with the associated degradation of water quality and loss of aquatic life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented based on the impact disturbance of steep slopes can have on water quality and· quantity, and the environmental integrity of landscapes. § 25-28.2 Statement of Purpose. It is the purpose of this chapter to provide development controls for all lands located within the Township of West Orange that have within their boundaries topographical conditions hereinafter defined as "steep slopes." These controls are enacted to minimize the potentially adverse impacts associated with

of West Orange that have within their boundaries topographical conditions hereinafter defined as "steep slopes." These controls are enacted to minimize the potentially adverse impacts associated with disturbance of steeply sloped areas. The most appropriate method of alleviating such conditions is through the regulation of soil disturbance and vegetation removal in steep slope areas; limitation of building and impervious coverage; and reductions of densities and increase in lot areas in areas of steep slope. Such regulation promotes and

2 protects the public health, safety and welfare of the Township in their existing physical state or condition as of the effective date of the enactment of this chapter. It is also the purpose of this chapter to provide for environmentally sound development of a lot with adequate area located outside of natural features for the use and enjoyment of its occupants. § 25-28.3 Definitions. BEDROCK – Shall mean continuous solid rock that underlies regolith. CLIFF FACE – Shall mean a sheer, nearly vertical slope of exposed bedrock. DISTURBANCE – Shall mean the placement of impervious surface, the exposure or movement of soil or bedrock, or clearing, cutting, or removing of vegetation. EFFECTIVE LOT AREA – Shall mean an adjustment for the natural features including steep slopes, State open waters, wetlands, wetland transition areas, floodways, and riparian zones. The effective lot area shall be either equal or greater than the minimum lot area as defined in Subsection 25-7.1 Table of Districts of Regulations. EXCESSIVE STEEP SLOPE – Shall mean any steep slope 25% or greater. FLOOD HAZARD AREA – Shall mean the flood hazard area associated with State open waters (streams, rivers, lakes, ponds, etc.) and regulated streams as determined in accordance with the methodologies in the NJ Flood Hazard Area Control Act rules N.J.A.C. 7:13 et seq. The flood hazard area shall be determined by NJDEP in a Flood Hazard Area Verification pursuant to these rules. FLOODWAY – Shall mean the floodway area associated with certain State open waters (streams, rivers) and regulated streams as determined in accordance with the methodologies included in the NJ Flood Hazard Area Control Act rules N.J.A.C. 7:13 et seq. The floodway shall be as determined and verified by NJDEP pursuant to these rules. IMPERVIOUS SURFACE – Shall mean any structure, surface, or improvement that reduces or prevents absorption of storm water into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures and other similar structures, surfaces, or improvements. RIDGE LINE – Shall mean the top of the First and Second Watchung Mountains as determined by an analysis of topographic maps. ROCK CUT – Shall mean nearly vertical wall of rock created by or adjacent to roadway construction. ROCK WASTE – Shall mean the material comprising the talus slope of sliderock. STATE OPEN

raphic maps. ROCK CUT – Shall mean nearly vertical wall of rock created by or adjacent to roadway construction. ROCK WASTE – Shall mean the material comprising the talus slope of sliderock. STATE OPEN WATER – Shall mean streams, rivers, lakes and ponds as defined in the NJ Freshwater Wetlands Protection Act rules N.J.A.C. 7:7A. The location and extent of State open

3 water shall be as determined by the NJ Department of Environmental Protection in a Letter of Interpretation. STEEP SLOPE – Shall mean any slope equal to or greater than 10 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. TALUS SLOPE – Shall mean the apron, cone, or embankment of the rock waste sloping outward from the base of the cliff face that is the course of the rock waste. TOP OF CLIFF – Shall mean the portion of a hill located above the cliff face. WETLANDS TRANSITION AREA – Shall mean wetland transition area as defined in the NJ Freshwater Wetlands Protection Act rules N.J.A.C. 7:7A. The location and extent of wetland transition areas on a lot shall be as determined by the NJ Department of Environmental Protection in a Letter of Interpretation. WETLANDS – Shall mean wetlands as defined in the NJ Freshwater Wetlands Protection Act rules N.J.A.C. 7:7A. The location and extent of wetland transition areas on a lot shall be as determined by the NJ Department of Environmental Protection in a Letter of Interpretation. § 25-28.4 Applicability. a. This section shall apply to all applications for development in the Township of West Orange. b. The Planning Board or Zoning Board shall review all plans submitted under this section as part of any application for site plan or subdivision approval. c. The Township Engineer and the Township Planner, in all cases, shall review all applications for compliance with this section. § 25-28.5 Exceptions to Section 25-28. The terms of this section shall not apply to the following: a. Existing single-family homes built before the date of this ordinance's approval, additions to such homes provided that the additions do not extend any closer to the steep slope area, or rebuilding of such homes within the existing footprint after a disaster. b. Improvements for which preliminary subdivision or site plan approval or construction permits have been issued prior to the effective date of this section. c. Areas which previously contained structures or other improvements, or were previously graded. d. Other than where the exceptions set forth herein apply, all applications for subdivision or site plan approval shall be reviewed under these requirements by the applicable land use board and its professionals to determine the presence of steep slopes and

, all applications for subdivision or site plan approval shall be reviewed under these requirements by the applicable land use board and its professionals to determine the presence of steep slopes and other natural

4 features, if any, on the subject property and compliance with the provisions of this chapter. All construction permit applications that include grading or clearing of any lot, other than those within the scope of the exceptions set forth herein, shall be reviewed under these requirements by the Township Engineer and the Township Planner. § 25-28.6 Initial Procedure. a. Applicants for site plan approval or subdivision approval shall submit to the Department of Planning and Development all information and documents required by this section. b. The Township Planner shall process all exhibits submitted under this section in the same manner as applications for subdivision approval and/or site plan approval. § 25-28.7 Information Required. a. For all sketch plats, sketch site plans, subdivisions and site plans, the following exhibits shall be submitted: 1. A colored topographic map, prepared, signed and sealed by a New Jersey licensed engineer and surveyor showing existing contours at two-foot intervals. extending a minimum of 200 feet beyond the property lines. 2. Areas clearly noted in different colors on the topographic map showing the following slopes as measured between two-foot contour lines designated as areas one through five: Area 1. 0% to 10%; Area 2. 10% to 14.99%; Area 3. 15% to 19.99%; Area 4. 20% to 24.99%, and Area 5. 25% percent or more. 3. Calculations, in square footage and acres, of amount of area in the various slope categories listed above. 4. On the colored topographical map, superimpose all existing trees as defined under the tree ordinance and mark tree to be removed. 5. On the colored topographical map, superimpose the location of the State open waters, wetlands, wetland transition areas, flood hazard areas, floodways, and riparian zones. 6. A separate map shall be prepared showing proposed improvements overlain on the preceding color topographic map. b. Where development is proposed on slopes greater than 10% as part of preliminary subdivision approval, or preliminary site plan approval, the following additional exhibits, prepared, signed and sealed by a New Jersey licensed engineer shall be submitted. 1. Identification of soil types on the property, with specific reference to highly erodible soils as identified by the United States Department of Agriculture Soil Conservation Service or other recognized authority; 2. Erodibility

s on the property, with specific reference to highly erodible soils as identified by the United States Department of Agriculture Soil Conservation Service or other recognized authority; 2. Erodibility potential of exposed soils;

5 3. Length, steepness and surface roughness of exposed slopes; 4. Resistance of soil to compaction and stability of soil aggregates; 5. High water table, water infiltration capacity and capacity of soil profile; 6. Type and location of construction activity, including the amount of site grading; 7. Location of construction access roads; 8. Storm water management plan; 9. Soil erosion and sediment control plan, including but not limited to a plan explaining how the applicant will minimize adverse impacts upon existing natural features; 10. Plans and specifications for any retaining walls, steps, or other soil protective structures proposed; 11. A stabilization and revegetation plan prepared, signed and sealed by a New Jersey professional engineer, including a complete description of the existing vegetation, the vegetation to be planted and slope stabilization measures to be installed; 12. The developer of a parcel with steep slopes shall submit a geotechnical analysis of the slope stability and the need for remedial work such as shaping of the rock face, pinning and/or grouting of the exposed rock for stabilization and the installation of safety netting in areas of concern. The geotechnical analysis shall be performed by a qualified Professional Geotechnical Engineer licensed in the State of New Jersey, with a minimum of five (5) years of professional experience in the geotechnical field. The analyses of local and global, rock slide, and rock face slope stability shall be conducted by a qualified Professional Geotechnical Engineer adhering to the principles of Geotechnical Engineering for soil and rock mechanics, and utilizing conventional methods of analyses. The determination of slope stability shall include, but is not limited to, geologic research, subsurface explorations, laboratory testing to assess soil/rock properties, visual evaluations, stereoscopic analyses of the rock face, and adequate factors of safety against failure. 13. In areas where the potential for rockslides exists, a rock fall zone, or catchment area width, shall be provided at the toe of slope. The required width of the rock fall zone would be determined by the Geotechnical Engineer utilizing established criteria such as those developed by Arthur M. Ritchie and included in the Rockfall Catchment Area Design Guide.

he rock fall zone would be determined by the Geotechnical Engineer utilizing established criteria such as those developed by Arthur M. Ritchie and included in the Rockfall Catchment Area Design Guide. (https://www.dot.ny.gov/mainbusiness- (https://www.dot.ny.gov/main/business- center/designbuildproject13/repository/Oregon%20DOT%20Rockfall%20Area%20D esign%20Guide%20-%2020141211.pdf). 14. If the parcel being developed is adjacent to a parcel with steep slopes, then the developer shall obtain the approval of the owner of the adjacent parcel to perform the required geotechnical analysis to determine the slope stability and the potential for rockslides. If the developer is unable to obtain the approval of the owner, then the