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Home My Public Portal AboutOrd. 11-005MrM na nee No. U -5 ' of f4t �9orogt of &rt eret, N� J- Councilman Preset s the frllov ig 0 dinance Seconded by Councilman STEEP SLOPE ORDINANCE I.PURPOSE The purpose of this ordinance is to regulate the intensity of use in areas of steeply sloping terrair in order to limit soil loss, erosion, excessive stormwater runoff, the degradation of surface water and to maintain the natural topography and drainage patterns of land. lL BACKGROUND Disturbance of steep slopes results in accelerated erosion processes from stormwater mnoff and the subsequent sedimentation of waterbodies 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. III. APPLICABILITY This ordinance shall be applicable to new development or land disturbance on a steep slope within the Borough of Carteret. IV. DEFINITIONS "Disturbance" means the placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation. "Impervious surface" means any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements. "Redevelopment" means the construction of structures or improvements on areas which previously contained structures or other improvements. "Steep Slopes" means any slope equal to or greater than 20 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. V. DESIGNATION OF AREAS The percent of slope (rise in feet per horizontal distance) shall be established by measurement of distance perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour interval. For example, any location on the site where there is a one -foot rise over a 10 -foot horizontal nm constitutes a 10 percent slope; a 1.5 foot rise over a 10 -foot horizontal run constitutes a 15 percent slope; a two foot rise over a 10 -foot horizontal run constitutes a 20 percent slope. NO. 11, -5 PAGE 2 'VI. STEEP SLOPE LIMITS For steep slopes any disturbance shall be prohibited except as provided below: 1. Redevelopment within the limits of existing impervious surfaces; and 2. New disturbance necessary to protect public health, safety or welfare, such as necessary linear development with no feasible alternative; to provide an environmental benefit, such as remediation of a contaminated site; to prevent extraordinary hardship on the property owner peculiar to the property; or to prevent extraordinary hardship, provided the hardship was not created by the property Owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. For example, redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to revitalize development that has fallen into disrepair. The applicant shall demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with a 20 percent or greater slope. VII. CONFLICTS AND SEVERABILITY A. Conflicts: All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this ordinance are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this ordinance apply. B. Severability: f 1. Interpretation: This Ordinance shall be so construed as not to conflict with any provision of New Jersey or Federal law. 2. Notwithstanding that any provision of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the Ordinance shall continue to be of fill force and effect. 3. The provisions of this Ordinance shall be cumulative with, and not in substitution for, all other applicable zoning, planting and land use regulations. VIII. ENFORCEMENT, VIOLATION AND PENALTIES A prompt investigation shall be made by the appropriate personnel of the Borough of Carteret, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this Ordinance is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate I process. Nothing in this Ordinance shall be construed to preclude the right of the Borough of I Carteret, pursuant to N.J.S.A 26:3A2 -25, to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this Ordinance shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this Ordinance. Each day a violation continues shall be considered a separate offense. Each offence will result in a fine of $500. IX. EFFECTIVE DATE This Ordinance shall take effect upon final adoption and publication in accordance with the law on [date]. RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NY A.B. ULM IQ2tM DW, ✓ DENS X - Indicate Vote An - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret, N.J., on Adopted on second reading after earingon July 7, 2011 Marxil 24, 2011 APPROVED BY ON MAYOR MUNICIPAL CLERK AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: J une 21, 2011 Notary Public of New Jersey LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY Z 20 Sworn and subscribed before me this s day of �} r yyL G3 )' Kathleen M. Barney, MM Municipal Clerk BOROUGH OF CARTERET nUn�l.I l�.J!`C Nf f.F ai of on 35 3698 AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. One 1 time(s), once in each issue as follows: JuIv 13, 2011 Notary Public LIIVU��},ggy NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2 Sworn and subscribed before me this iW1. day of,,-QA Kathleen M. Barney, MMC Municipal Clerk Christopher D. Rafano Freeholder Director Ronald G. Rios Deputy Director Carol Barrett Bellante ( fitephen J. Delius N. James Poles Charles E. Tomato Blanquita B. Valenti Freeholders 0 )� i Charles E. Tomaro Chairperson, Committee of E gineehrg and Planning John A. Pulomena County Administrate, Thomas F. Boylan III Chairperson, Planning Board Dorothy K. Power Secretary, Planning Board Steven D. Cahn, Esquire Counsel, Planning Board COUNTY OF MIDDLESEX DEPARTMENT OF PLANNING Division of Comprehensive Planning and the Environment 40 Livingston Avenue New Brunswick, New Jersey 08901 732 - 745 -3016 Fax 732 - 745 -3011 George M. Ververides, PP, AICP Director of County Planning Mirah Becker, PP, AICP Supemsirg Planner September 14, 2011 Ms. Kathleen Barney, Borough Clerk Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 Dear Ms. Barney: This is to acknowledge receipt and filing of the following new or amended development regulation or master plan: Ordinance Description 1. 11 -5 Adopts the steep slopes ordinance This document (if a development regulation) has been filed with the Middlesex County Planning Board as per the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975, C.40:55D -16, as amended. If a master plan, master plan element, or revision thereto, your document has been filed with the Middlesex County Planning Board as per the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975, C.40:55D -13, as amended. Thank you for submitting your document to the County Planning Department. Sincerely, / r G l 'lxl i A - '16 dcel ' Mirah A. Becker, PP, AICP Supervising Planner MB:lak c: George Ververides, Director of County Planning Middlesex County... `The Greatest County in the Land" ai r G�