Conference/Public Meeting Agendas/Documents — Packet

n 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) 0-10% 100% 1.0 2) 10-14.99% 60% 0.6 3) 15-19.99% 40% 0.4 4) 20-24.99% 20% 0.2 5) 25%- and over 0% 0.0 132

e. All 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 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 Example: A six acre parcel where one acre is 0-10 % slope has no adjustment. One acre at 10- 14.99% is 0.6, One acre at 15-19.99% will be 0.4, One acre at 20-24.99% 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 requires 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 measure that may be requires 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 Sub-Chapter and the Hudson-Essex- Passaic Soil Conservation District requirements. 6. Grades along streets

rives or parking areas shall be designed to comply with this Sub-Chapter 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 sixty (60%) degrees. 7. Any fill placed on the lot shall be properly stabilized and, when found necessary, depending upon existing sloped 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 six (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 3 to 1 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 ninety (90%) of the maximum density. 133

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 (Chapter 31). 17. Vegetation and Revegetation a. The developer shall submit a stabilization and revegetation plan in accordance with Chapter 30 and 31. 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 ten percent (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 unconstrained area shall have a width as defined in Chapter 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

nt 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). 25-29 STORMWATER CONTROL. 25-29.1 Purpose. a. Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management measures and proper maintenance plans. Nonstructural measures include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated loading of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge. 134

b. Purpose. It is the purpose of this ordinance to establish minimum stormwater management requirements and controls for major development. c. Applicability. This ordinance shall be applicable to any site plan or subdivision that requires preliminary or final site plan review. d. Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this ordinance are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This ordinance is not interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control. (Ord. No. 2063-06 § 1) 25-29.2 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. CAFRA Planning Map shall mean the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E- 5B.3. CAFRA Centers, Cores or Nodes shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B. Compaction shall mean the increase in soil bulk density. Core shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation. County review agency shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing

ss to public transportation. County review agency shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The County review agency may either be: A County planning agency; or A County water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances. Department shall mean the New Jersey Department of Environmental Protection. Designated Center shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet. Design engineer shall mean a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications. Development shall mean the division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any 135

building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, development means: any activity that requires a State permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by, the Right to Farm Act, N.J.S.A. 4:1C-1 et seq. Drainage area shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody. Environmentally constrained area shall mean the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program. Environmentally critical areas shall mean an area or feature which is of significant environmental value, including, but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program. Empowerment Neighborhood shall mean a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69. Erosion shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity. Impervious surface shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water. Infiltration shall mean the process by which water seeps into the soil from precipitation. Major development shall mean any development that provides for ultimately disturbing one (1) or more acres of land or increasing impervious

ocess by which water seeps into the soil from precipitation. Major development shall mean any development that provides for ultimately disturbing one (1) or more acres of land or increasing impervious surface by one-quarter (1/4) acre or more. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Projects undertaken by any government agency which otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. are also considered "major development." Municipality shall mean any city, borough, town, township, or village. Node shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form. Nutrient shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms. Person shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State and any State, interstate or Federal agency. Pollutant shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), thermal waste, wrecked or discarded 136

equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the State, or to a domestic treatment works. Pollutant shall mean and include both hazardous and nonhazardous pollutants. Recharge shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired. Sediment shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion. Site shall mean the lot or lots upon which a major development is to occur or has occurred. Soil shall mean all unconsolidated mineral and organic material of any origin. State Development and Redevelopment Plan Metropolitan Planning Area (PA1) shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts. State Plan Policy Map is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies. Stormwater shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities. Stormwater runoff shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation. Stormwater management basin shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands). Stormwater management measure shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances. Tidal