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

6 Geotechnical Engineer shall evaluate the worst-case scenario and shall provide an appropriate rock fall zone as discussed above. 15. The developer of a parcel with steep slopes shall prepare a maintenance plan to ensure that the slope is maintained in a safe and stable condition over the years. The maintenance plan shall include site inspections every two (2) years which would include visual observations with pertinent photos of the slope, rock face, and vegetation status at the site. The steep slope maintenance plan must be prepared by a New Jersey Licensed Geotechnical Engineer and must be recorded against the deed of record for each property on which the steep slope is located. The steep slope maintenance plan shall address, but not be limited to, the following: monitoring movement & property condition changes, inspection & maintenance of slope drains, installation of drought-tolerant ground cover, over-irrigation of slope landscaping, direct drainage to slopes, disposal of soil or debris on slopes, ponding of water against retaining walls, monitoring movements and property condition changes. If any deficiencies are noted during the inspection, the necessary corrective action must be taken. Copies of the inspection reports must be filed with the Township of West Orange immediately following completion of the inspection. 16. For areas at the top of a steep slope or adjacent to a parcel with steep slopes, a minimum setback of 50 ft is required from the top of slope to any proposed improvements such as buildings, roads, parking lots, septic fields, swimming pools, hot tubs, ponds, or other uses at or near the top of steep slopes, except as otherwise recommended by a qualified professional. Where development is near steep slopes greater than 30%, increase setback to a minimum of 100 feet, except as otherwise recommended by a qualified professional. The minimum setback shall be established considering site-specific topographic conditions and the recommendations of the qualified Professional Geotechnical Engineer performing the slope stability analysis 17. Other engineering data deemed reasonably necessary by the Township Engineer and Planner to determine compliance with this chapter. § 25-28.8 Limitations on Development in Steep Slope Areas. a. No soil or vegetation shall be disturbed or structures constructed within 100 feet of the ridge line, cliff face,

iance with this chapter. § 25-28.8 Limitations on Development in Steep Slope Areas. 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 paragraph 12 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.

7 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 Useable 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.

8 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 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

hall 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.

9 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. § 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 contiguous 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

he 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

10 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. 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: April 26, 2022 ADOPTED: May 24, 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.