Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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

lid 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 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 152