Conference/Public Meeting Agendas/Documents — Packet

, except as permitted by this chapter, or allow or cause such cutting or removal; 2. Cause or allow any willful damage, injury or disfigurement of any tree growing within the Township. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as the result of but not limited to the following: cutting, gashing or slitting of any tree; the pouring of any liquid or other material on any tree; or on the nearby ground; the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or placement or removal of any soil from within the drip line, but in no event less than ten (10) feet from the trunk, of any tree; or 3. Store or pile building material or debris or place construction equipment within the drip line, but in no event less than ten (10) feet from the trunk, of any tree. c. If any tree to be saved in connection with construction as set forth above or any replacement tree planted pursuant to this chapter shall die within two (2) years it shall be replaced by the applicant or the property owner within six (6) months. (Ord. No. 2177-08 § 1) 25-27.10 Administration and Enforcement. In administering and enforcing this chapter, the officer, the Township's Construction Official, Zoning Officer, Township Planner, Engineer, Chief of Police, or any other Township officer or 127

designee, is hereby empowered to issue stop work orders whenever a claimed violation of this chapter is witnessed or reported. (Ord. No. 2177-08 § 1) 25-27.11 Violations and Penalties. a. Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable by up to the maximum penalties prescribed by N.J.S.A. 40:49-5, establishing maximum penalties for violation of municipal ordinances generally, and as the same may be amended, the maximum penalties at the time of passage of this chapter being a fine not exceeding two thousand ($2,000.00) dollars or imprisonment for a term not exceeding ninety (90) days, or a period of community service not exceeding ninety (90) days, or any or all of those penalties, and each tree removed or damaged in violation of this chapter shall be deemed a separate offense. However, if a person is convicted of removing a specimen tree without a permit, he shall be punished by a fine which shall be a minimum of one hundred ($100.00) dollars or the highest minimum fine then allowed by N.J.S.A. 40:49-5, and up to the maximum fine then allowed, or by imprisonment for a term not exceeding ninety (90) days, or both. b. In addition, any person who cuts or removes a tree in violation of this chapter shall be required to plant a replacement tree on the removal site pursuant to subsection 25-27.8 of this chapter. If the tree that was illegally removed was a major tree, he must replant a major tree. If the tree that was illegally removed was a minor tree, he must replant a minor tree. c. The removal of a tree in violation of this chapter shall automatically suspend any existing tree removal permit(s) associated with a property and freeze the issuance of any future permits until the matter has been resolved and any required tree replacement has been completed. (Ord. No. 2177-08 § 1) 25-27.12 Severability. If any part of this chapter is determined to be invalid, such part shall be severed and its invalidity shall not affect the remaining parts of this chapter. (Ord. No. 2177-08 § 1) 25-27.13 Repeal of Inconsistent Ordinances. Any and all parts of ordinances which are inconsistent with any of the terms and provisions of this chapter be and the same are hereby

. 2177-08 § 1) 25-27.13 Repeal of Inconsistent Ordinances. Any and all parts of ordinances which are inconsistent with any of the terms and provisions of this chapter be and the same are hereby repealed as to and to the extent of such inconsistency. (Ord. No. 2177-08 § 1) 25-27.14 Effective Date. This chapter shall take effect upon final passage and publication as required by law. (Ord. No. 2177-08 § 1) 128

SECTIONS 28-44 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. Protection of other natural features, including State open waters, wetlands, wetland transition areas, flood hazard areas, floodways and riparian zones, is warranted to prevent flooding, protect water quality, preserve wildlife and aquatic habitat. 25-28.2 Statement of Purpose. It is the purpose of this chapter to provide development controls for all lands located with 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 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 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 means the placement of impervious surface, the exposure or movement of soil or bedrock, or clearing, cutting, or removing of vegetation. EFFECTIVE LOT AREA is an

ope of exposed bedrock. DISTURBANCE means the placement of impervious surface, the exposure or movement of soil or bedrock, or clearing, cutting, or removing of vegetation. EFFECTIVE LOT AREA is 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 chapter 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 included in the NJ Flood Hazard Area Control Act rules N.J.A.C. 7:13 et seq. The flood hazard area shall be as 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 129

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 means 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 analysis of topographic maps. RIPARIAN ZONE shall mean the buffer adjacent to State open waters/regulated waters 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 extent of the riparian zone shall be as determined by NJDEP in a Flood Hazard Area Verification pursuant to these rules. 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 water shall be as determined by the NJ Department of Environmental Protection in a Letter of Interpretation. STEEP SLOPE means 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. WETLAND 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 s 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

ocation and extent of wetland s 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 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 or rebuilding of such homes 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. 130

c. 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 other natural 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 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. 2. Areas clearly noted in different colors on the topographic map showing the following slopes as measured between (2) foot contour lines designated as areas one (1) through five (5): Area 1. Zero to ten (0 – 10%) percent; Area 2. Ten to 14.99 (10-14.99%) percent; Area 3. Fifteen to 19.99 (15-19.99%) percent; Area 4. Twenty to 24.99 (20-24.99%), and Area 5. Twenty-five (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 topographic map superimpose all existing trees as defined under the tree ordinance and mark tree to be removed. 5. On the colored topographic map super impose the location of 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

lands, 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 ten (10%) percent 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. Erosion potential of exposed soils; 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; 131

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; and 12. 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 one hundred (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. 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) 0-10% 100% 2) 10-14.99% 60% 3) 15-19.99% 40% 4) 20-24.99% 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