ASSEMBLY, No. 100
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman ROONEY
An Act concerning the protection of steep slopes, amending P.L.1975, c.291, and supplementing chapter 24 of Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known, and may be cited, as the "Steep Slope Protection Act."
2. (New section) The Legislature finds and declares that the removal of vegetative cover, the disturbance of soil by excavation or fill, and the construction of buildings and other structures in areas with steep slopes may cause increased surface water runoff, soil erosion, and siltation, and other undesirable or dangerous conditions or hazards, resulting in pollution of the waterways and public water supply reservoirs and other public water supply sources in the State, increased flooding and water-related damage, unsightly landscapes, and other threats to the public health, safety, and welfare.
The Legislature therefore determines that it is appropriate to regulate development in certain areas with steep slopes by requiring each municipality that is located in whole or in part within a watershed that feeds in whole or in part a public water supply reservoir, or is located in whole or in part within a watershed upstream of a surface water supply intake, to amend its development regulations to incorporate, at a minimum, a model local steep slope protection development regulation, which shall be drafted by the State Soil Conservation Committee and representatives of the New Jersey Water Supply Authority, the North Jersey District Water Supply Commission, the public water utility serving the city of Jersey City, the public water utility serving the city of Newark, the New Jersey Society of Municipal Engineers, and the State Planning Commission, with the approval of the Commissioner of Environmental Protection and the Secretary of Agriculture; and that is in the public interest for all other municipalities in the State with steep slopes to consider, at their option, taking similar action with respect to adopting, at a minimum, the model local steep slope protection development regulation.
3. (New section) As used in this act:
"Applicant" means the same as that term is defined in section 3 of P.L.1975, c.191 (C.40:55D-3).
"Application for development" means the same as that term is defined in section 3 of P.L.1975, c.191 (C.40:55D-3).
"Committee" means the State Soil Conservation Committee established pursuant to R.S.4:24-3 and, for the purposes of this act only, a representative of the New Jersey Water Supply Authority, a representative of the North Jersey District Water Supply Commission, a representative from the public water utility serving the city of Jersey City, a representative from the public water utility serving the city of Newark, a representative from the New Jersey Society of Municipal Engineers, and a representative of the State Planning Commission.
"Development" means the same as that term is defined in section 3.1 of P.L.1975, c.191 (C.40:55D-4).
"Development regulation" means the same as that term is defined in section 3.1 of P.L.1975, c.191 (C.40:55D-4).
"Disturbance" means the same as that term is defined in section 3 of P.L.1975, c.251 (C.4:24-41).
"Public water supply reservoir" means any public water supply reservoir constructed, owned, operated, or maintained in whole or in part for the purpose of providing water for human consumption, and which is identified as such by the Department of Environmental Protection; "public water supply reservoir" shall include, but need not be limited to: (1) any of the public water supply reservoirs identified by the department in the study required pursuant to section 3 of P.L.1988, c.163; (2) any other public water supply reservoir constructed, owned, operated, or maintained by the State, the New Jersey Water Supply Authority, or a county or municipality, district water supply commission, county or municipal utilities authority, county or municipal commission, municipal water district, joint meeting, or any other political subdivision, authority, instrumentality, or agency of the State authorized pursuant to law to construct, own, operate, or maintain water supply facilities or otherwise provide water for human consumption; and (3) any public water supply reservoir constructed, owned, operated, or maintained by a public water utility.
"Public water utility" means any investor-owned water company or small water company that is subject to the jurisdiction or rate regulation of the Board of Regulatory Commissioners as a public utility.
"Soil" means the same as that term is defined in section 3 of P.L.1975, c.251 (C.4:24-41).
"Soil conservation district" means a soil conservation district organized pursuant to chapter 24 of Title 4 of the Revised Statutes.
4. (New section) The State Soil Conservation Committee, and, for the purposes of this act only, a representative of the New Jersey Water Supply Authority, a representative of the North Jersey District Water Supply Commission, a representative from the public water utility serving the city of Jersey City, a representative from the public water utility serving the city of Newark, a representative from the New Jersey Society of Municipal Engineers, and a representative of the State Planning Commission, shall together, with the approval of the Commissioner of Environmental Protection and the Secretary of Agriculture, and within six months of the date of enactment of this act, develop and adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.):
a. A model local steep slope protection development regulation for the purpose of preserving and protecting steep slopes from development and the consequences of development, which (1) would further the Statewide policies concerning the protection of critical slopes as set forth in the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et seq.), and
(2) may include, but not be limited to, land use regulatory options such as the clustering of development in areas that do not have steep slopes, impervious cover restrictions, structural size and footprint limitations, and large lot zoning, for consideration and adoption by a municipality; and
b. Minimum standards for the purposes of section 5 of this act for the regulation of disturbances of soil, which standards may reflect the differing soil types, soil conditions, soil erodability, topography, hydrology, geology, and vegetation types of the various regions of the State.
5. (New section) The model local steep slope protection development regulation shall include at least the following provisions:
a. Disturbances of soil, for purpose of development, of more than 5,000 square feet of surface area of land on a slope exhibiting a grade of 25% or greater shall be prohibited, except an applicant may apply for and obtain a variance to allow a departure from this prohibition as set forth in the development regulation if the granting of the variance is warranted under the provisions of subsection c. of section 57 of P.L.1975, c.291 (C.40:55D-70);
b. Disturbances of soil, for purpose of development, of more than 5,000 square feet of surface area of land on a slope exhibiting a grade of 10% or greater but less than 25% shall be regulated in accordance with minimum standards to be developed therefor, and adopted, by the committee pursuant to subsection b. of section 4 of this act;
c. Agricultural operations utilizing best management practices may be exempted by a municipality from the requirements of the model local steep slope protection development regulation that it has adopted, or may be subjected to less stringent requirements as may be prescribed by that municipality;
d. Reconstruction or repair of a development, located on a slope with a surface area of land of more than 5,000 square feet and exhibiting a grade of 10% or greater, which development existed prior to adoption by a municipality of its model local steep slope protection development regulation, may be undertaken notwithstanding any provision of this act or the model local steep slope protection development regulation to the contrary, but only in a manner that shall protect the existing slope to the maximum extent feasible, as shall be determined by the planning board of the municipality on a case-by-case basis after consultation with the environmental commission thereof if one exists for that municipality and with the applicable soil conservation district, if any, having jurisdiction in the municipality; and
e. Any application for development within a municipality for which preliminary site plan or preliminary subdivision approval has been granted pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) prior to adoption by the municipality of the model local steep slope protection development regulation pursuant to section 6 of this act shall not be required to comply with the provisions of the model local steep slope protection development regulation adopted by the municipality.
6. (New section) a. Except as provided in section 7 of this act, every municipality that is located in whole or in part within a watershed that feeds in whole or in part a public water supply reservoir, or that is located in whole or in part within a watershed upstream of a surface water supply intake, shall, within one year of adoption by the committee of the model local steep slope protection development regulation, amend its development regulations adopted pursuant to the "Municipal Land Use Law" to incorporate provisions that substantially conform with, or are more stringent than, the model local steep slope protection development regulation adopted by the committee. If any such municipality fails to amend its development regulations as required pursuant to this subsection within the one year period provided, the model local steep slope protection development regulation shall be deemed to have been incorporated as part of the development regulations of that municipality and shall be binding upon the municipality and all other persons in the same manner as if the municipality had amended its development regulations in accordance with the provisions and requirements of this section.
The committee, in consultation with the Department of Environmental Protection and the Department of Agriculture, shall determine which municipalities qualify under the criteria set forth in this subsection with respect to mandatory adoption of the model local steep slope protection development regulation.
b. (1) Prior to amending its development regulations as required pursuant to subsection a. of this section, a municipality shall submit the proposed amendments to the committee for review. The committee shall, within 90 days of such submittal, either approve, disapprove, or conditionally approve the amendments. Failure of the committee to act within that 90-day period shall be deemed to constitute approval of the amendments.
(2) Any subsequent amendment or revision of an amendment to the development regulations of a municipality that has been approved pursuant to paragraph (1) of this subsection shall require approval by the committee in accordance with the procedure set forth in that paragraph.
c. A municipality that does not qualify under the criteria set forth in subsection a. of this section with respect to mandatory adoption of the model local steep slope protection development regulation may, at its option, amend its development regulations adopted pursuant to the "Municipal Land Use Law" to incorporate all or any portion of the provisions of the model local steep slope protection development regulation adopted by the committee. If such a municipality makes those amendments, it need not comply with the requirements of subsection b. of this section.
7. (New section) A municipality that qualifies under the criteria set forth in subsection a. of section 6 of this act with respect to mandatory adoption of the model local steep slope protection development regulation may apply to the committee for an exemption from the requirements of section 6 of this act if it can demonstrate that those requirements are substantially inapplicable due to the lack of slopes in the municipality with a surface area of land of more than 5,000 square feet and exhibiting a grade of 10% or greater.
8. (New section) State, county, and municipal entities, departments, agencies, commissions, boards, and authorities, and independent entities, agencies, commissions, boards, and authorities, shall comply with any development regulation or other provision adopted by a municipality pursuant to this act.
9. (New section) A municipality may adopt provisions for the preservation and protection of steep slopes that are more stringent than those required pursuant to this act.
10. (New section) a. The committee shall consult with the Pinelands Commission in developing the model local steep slope protection development regulation and the minimum standards for the regulation of disturbances of soils, as required pursuant to sections 4 and 5 of this act, as they may apply for areas within the jurisdiction of the Pinelands Commission, and the committee shall develop them in a manner necessary to effectuate the purposes of the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.) and section 502 of the "National Parks and Recreation Act of 1978," 16 U.S.C. §471i.
b. Nothing in this act shall be construed to:
(1) modify the provisions of the "Pinelands Protection Act" or any rules or regulations promulgated or adopted pursuant thereto, or to modify the provisions of section 502 of the "National Parks and Recreation Act of 1978," 16 U.S.C. §471i, or any rules or regulations promulgated or adopted pursuant thereto;
(2) prohibit the Pinelands Commission from adopting provisions for the preservation and protection of steep slopes that are more stringent than those required pursuant to this act.
11. (New section) a. A person violating this act, or any development regulation adopted by a municipality in accordance therewith, shall be liable to a civil penalty not to exceed $3,000 for each offense, to be imposed and collected with costs in a civil action by a summary proceeding in accordance with "the penalty enforcement law," N.J.S. 2A:58-1 et seq. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense. The Superior Court and the municipal court shall have jurisdiction to enforce "the penalty enforcement law" for violations of this act or of any development regulation adopted by a municipality in accordance therewith.
b. The Department of Environmental Protection, or the municipality or soil conservation district within which the violation occurred, may issue a stop-construction order, or seek injunctive or other relief from a court of competent jurisdiction, for a violation of this act or of any development regulation adopted by the municipality in accordance therewith.
c. The penalties and remedies provided in this section are in addition to those that may apply if the violation may also be deemed to be a violation of the "Municipal Land Use Law," the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), or any other provision of law or local ordinance or regulation.
d. Violations of this act, or of any development regulation adopted by a municipality in accordance therewith, shall be enforceable by the Department of Environmental Protection and by the municipality and the soil conservation district within which the violation occurred. Any penalties collected pursuant to this section shall be paid to the enforcing entity, except those penalties recovered by the Department of Environmental Protection shall be remitted to the State Treasury.
e. (1) Any municipality that becomes aware of a violation of this act, or of any development regulation adopted by the municipality in accordance therewith, shall, within five days thereof, report the violation to the soil conservation district within which the violation occurred.
(2) Any soil conservation district that becomes aware of a violation of this act, or of any development regulation adopted by the municipality in accordance therewith, shall, within five days thereof, report the violation to the municipality within which the violation occurred.
f. Failure of a municipality that qualifies under the criteria set forth in subsection a. of section 6 of this act with respect to mandatory adoption of the model local steep slope protection development regulation to comply with the requirements and provisions of this act, including the requirements of section 6 thereof, shall be deemed to be a violation of this act.
12. Section 29 of P.L.1975, c.291 (C.40:55D-38) is amended to read as follows:
29. Contents of ordinance. An ordinance requiring approval by the planning board of either subdivisions or site plans, or both, shall include the following:
a. Provisions, not inconsistent with other provisions of this act, for submission and processing of applications for development, including standards for preliminary and final approval and provisions for processing of final approval by stages or sections of development;
b. Provisions ensuring:
(1) Consistency of the layout or arrangement of the subdivision or land development with the requirements of the zoning ordinance;
(2) Streets in the subdivision or land development of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide access for firefighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the official map, if any, and the circulation element of the master plan, if any, and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain; provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless [said] that street constitutes an extension of an existing street of the greater width, or already has been shown on the master plan at the greater width, or already has been shown in greater width on the official map;
(3) Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants;
(4) Suitable size, shape and location for any area reserved for public use pursuant to section 32 of this act;
(5) Reservation pursuant to section 31 of this act of any open space to be set aside for use and benefit of the residents of planned development, resulting from the application of standards of density or intensity of land use, contained in the zoning ordinance, pursuant to subsection c. of section 52 of this act;
(6) Regulation of land designated as subject to flooding, pursuant to subsection e. of section 52 of this act, to avoid danger to life or property;
(7) Protection and conservation of soil from erosion by wind or water or from excavation or grading , including, for a municipality that qualifies under the criteria set forth in subsection a. of section 6 of P.L. , c. (C. ) (now before the Legislature as this bill) with respect to mandatory adoption of the model local steep slope protection development regulation, protection of steep slopes in accordance with the provisions and requirements of that act ;
(8) Conformity with standards promulgated by the Commissioner of Transportation, pursuant to the "Air Safety and Hazardous Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), for any airport hazard areas delineated under that act;
(9) Conformity with a municipal recycling ordinance required pursuant to section 6 of P.L.1987, c.102 (C.13:1E-99.16);
(10) Conformity with the State highway access management code adopted by the Commissioner of Transportation under section 3 of the "State Highway Access Management Act," P.L.1989, c.32 (C.27:7-91), with respect to any State highways within the municipality;
(11) Conformity with any access management code adopted by the county under R.S.27:16-1, with respect to any county roads within the municipality;
(12) Conformity with any municipal access management code adopted under R.S.40:67-1, with respect to municipal streets;
(13) Protection of potable water supply reservoirs from pollution or other degradation of water quality resulting from the development or other uses of surrounding land areas, which provisions shall be in accordance with any siting, performance, or other standards or guidelines adopted therefor by the Department of Environmental Protection;
(14) Conformity with the public safety regulations concerning storm water detention facilities adopted pursuant to section 5 of P.L.1991, c.194 (C.40:55D-95.1) and reflected in storm water management plans and storm water management ordinances adopted pursuant to P.L.1981, c.32 (C.40:55D-93 et seq.); and
(15) Conformity with the model ordinance promulgated by the Department of Environmental Protection and Department of Community Affairs pursuant to section 2 of P.L.1993, c.81 (C.13:1E-99.13a) regarding the inclusion of facilities for the collection or storage of source separated recyclable materials in any new multifamily housing development.
c. Provisions governing the standards for grading, improvement and construction of streets or drives and for any required walkways, curbs, gutters, streetlights, shade trees, fire hydrants and water, and drainage and sewerage facilities and other improvements as shall be found necessary, and provisions ensuring that such facilities shall be completed either prior to or subsequent to final approval of the subdivision or site plan by allowing the posting of performance bonds by the developer;
d. Provisions ensuring that when a municipal zoning ordinance is in effect, a subdivision or site plan shall conform to the applicable provisions of the zoning ordinance, and where there is no zoning ordinance, appropriate standards shall be specified in an ordinance pursuant to this article; and
e. Provisions ensuring performance in substantial accordance with the final development plan; provided that the planning board may permit a deviation from the final plan, if caused by change of conditions beyond the control of the developer since the date of final approval, and the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the master plan and zoning ordinance.
(cf: P.L.1993, c.81, s.1)
13. Section 52 of P.L.1975, c.291 (C.40:55D-65) is amended to read as follows:
52. A zoning ordinance may:
a. Limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use, and regulate the nature and extent of the use of land for trade, industry, residence, open space or other purposes.
b. Regulate the bulk, height, number of stories, orientation, and size of buildings and the other structures; the percentage of lot or development area that may be occupied by structures; lot sizes and dimensions; and for these purposes may specify floor area ratios and other ratios and regulatory techniques governing the intensity of land use and the provision of adequate light and air, including, but not limited to the potential for utilization of renewable energy sources.
c. Provide districts for planned developments; provided that an ordinance providing for approval of subdivisions and site plans by the planning board has been adopted and incorporates therein the provisions for such planned developments in a manner consistent with article 6 of this act. The zoning ordinance shall establish standards governing the type and density, or intensity of land use, in a planned development. Said standards shall take into account that the density, or intensity of land use, otherwise allowable may not be appropriate for a planned development. The standards may vary the type and density, or intensity of land use, otherwise applicable to the land within a planned development in consideration of the amount, location and proposed use of common open space; the location and physical characteristics of the site of the proposed planned development; and the location, design and type of dwelling units and other uses. Such standards may, in order to encourage the flexibility of housing density, design and type, authorize a deviation in various residential clusters from the density, or intensity of use, established for an entire planned development. The standards and criteria by which the design, bulk and location of buildings are to be evaluated shall be set forth in the zoning ordinance and all standards and criteria for any feature of a planned development shall be set forth in such ordinance with sufficient certainty to provide reasonable criteria by which specific proposals for planned development can be evaluated.
d. Establish, for particular uses or classes of uses, reasonable standards of performance and standards for the provision of adequate physical improvements including, but not limited to, off-street parking and loading areas, marginal access roads and roadways, other circulation facilities and water, sewerage and drainage facilities; provided that section 41 of this act shall apply to such improvements.
e. Designate and regulate areas subject to flooding (1) pursuant to P.L.1972, c.185 (C.58:16A-55 et seq.) or (2) as otherwise necessary in the absence of appropriate flood hazard area designations pursuant to P.L.1962, c.19 (C.58:16A-50 et seq.) or floodway regulations pursuant to P.L.1972, c.185 or minimum standards for local flood fringe area regulation pursuant to P.L.1972, c.185.
f. Provide for conditional uses pursuant to section 54 of this act.
g. Provide for senior citizen community housing.
h. Require as a condition for any approval which is required pursuant to such ordinance and the provisions of this chapter, that no taxes or assessments for local improvements are due or delinquent on the property for which any application is made.
i. Provide for historic preservation pursuant to section 5 of P.L.1991 c.199 (C.40:55D-65.1).
A zoning ordinance in a municipality that qualifies under the criteria set forth in subsection a. of section 6 of P.L. , c. (C. ) (now before the Legislature as this bill) with respect to mandatory adoption of the model local steep slope protection development regulation, shall provide for the protection of steep slopes in accordance with the provisions and requirements of that act.
(cf: P.L.1991, c.199, s.4)
14. This act shall take effect immediately.
STATEMENT
This bill would require the State Soil Conservation Committee, and, for the purposes of this bill only, a representative of the New Jersey Water Supply Authority, a representative of the North Jersey District Water Supply Commission, a representative of the public water utility serving the city of Jersey City, a representative of the public water utility serving the city of Newark, a representative of the New Jersey Society of Municipal Engineers, and a representative of the State Planning Commission, with the approval of the Commissioner of Environmental Protection and the Secretary of Agriculture, and within six months of the date of enactment of this bill, to develop and adopt:
(1) A model local steep slope protection development regulation for the purpose of preserving and protecting steep slopes from development and the consequences of development, which (a) would further the Statewide policies concerning the protection of critical slopes as set forth in the State Development and Redevelopment Plan adopted pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et seq.), and (b) may include, but not be limited to, land use regulatory options such as the clustering of development in areas that do not have steep slopes, impervious cover restrictions, structural size and footprint limitations, and large lot zoning, for consideration and adoption by a municipality; and
(2) Minimum standards for the regulation of disturbances of soil, which standards may reflect the differing soil types, soil conditions, soil erodability, topography, hydrology, geology, and vegetation types of the various regions of the State.
The bill would require that the model local steep slope protection development regulation include at least the following provisions:
(1) Disturbances of soil, for purpose of development, of more than 5,000 square feet of surface area of land on a slope exhibiting a grade of 25% or greater shall be prohibited, except an applicant may apply for and obtain a variance to allow a departure from this prohibition in certain cases;
(2) Disturbances of soil, for purpose of development, of more than 5,000 square feet of surface area of land on a slope exhibiting a grade of 10% or greater but less than 25% shall be regulated in accordance with minimum standards to be developed therefor, and adopted, by the State Soil Conservation Committee as expanded for the purposes of this bill;
(3) Agricultural operations may be exempted by a municipality from the requirements of the model local steep slope protection
development regulation that it has adopted, or may be subjected to less stringent requirements as may be prescribed by that municipality;
(4) Reconstruction or repair of a development, located on a slope with a surface area of land of more than 5,000 square feet and exhibiting a grade of 10% or greater, which development existed prior to adoption by a municipality of its model local steep slope protection development regulation, may be undertaken notwithstanding any provision of this bill or the model local steep slope protection development regulation to the contrary, but only in a manner that shall protect the existing slope to the maximum extent feasible, as shall be determined by the planning board of the municipality on a case-by-case basis after consultation with the environmental commission thereof if one exists for that municipality and with the applicable soil conservation district, if any, having jurisdiction in the municipality; and
(5) Any application for development within a municipality for which preliminary site plan or preliminary subdivision approval has been granted pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) prior to adoption by the municipality of the model local steep slope protection development regulation shall not be required to comply with the provisions of the model local steep slope protection development regulation adopted by the municipality.
The bill provides that every municipality that is located in whole or in part within a watershed that feeds in whole or in part a public water supply reservoir, or that is located in whole or in part within a watershed upstream of a surface water supply intake, shall, within one year of adoption by the State Soil Conservation Committee, as expanded by the bill, of the model local steep slope protection development regulation, amend its development regulations adopted pursuant to the "Municipal Land Use Law" to incorporate provisions that substantially conform with, or are more stringent than, the model local steep slope protection development regulation adopted by that committee.
The State Soil Conservation Committee as expanded by the bill, in consultation with the Department of Environmental Protection and the Department of Agriculture, would be required to determine which municipalities qualify under the criteria set forth in the bill with respect to mandatory adoption of the model local steep slope protection development regulation.
Prior to amending its development regulations, a municipality would be required to submit the proposed amendments to the State Soil Conservation Committee as expanded by the bill for review. That committee would be required to, within 90 days of such submittal, either approve, disapprove, or conditionally approve the amendments. Failure of that committee to act within that 90-day period shall be deemed to constitute approval of the amendments. Any subsequent amendment or revision of an amendment to the development regulations of a municipality that has been approved by the State Soil Conservation Committee as expanded by the bill would also require approval by that committee.
A municipality that does not qualify under the criteria set forth in the bill with respect to mandatory adoption of the model local steep slope protection development regulation may, at its option, amend its development regulations adopted pursuant to the "Municipal Land Use Law" to incorporate all or any portion of the provisions of the model local steep slope protection development regulation adopted by the State Soil Conservation Committee as expanded by the bill.
A municipality that qualifies under the criteria set forth in the bill with respect to mandatory adoption of the model local steep slope protection development regulation may apply to the State Soil Conservation Committee as expanded by the bill for an exemption from the requirements of the bill if it can demonstrate that those requirements are substantially inapplicable due to the lack of slopes in the municipality with a surface area of land of more than 5,000 square feet and exhibiting a grade of 10% or greater.
State, county, and municipal entities, departments, agencies, commissions, boards, and authorities, and independent entities, agencies, commissions, boards, and authorities, would be required to comply with any development regulation or other provision adopted by a municipality pursuant to the bill.
Under the bill, a municipality may adopt provisions for the preservation and protection of steep slopes that are more stringent than those required pursuant to the bill.
The bill would require the State Soil Conservation Committee as expanded by the bill to consult with the Pinelands Commission in developing the model local steep slope protection development regulation and the minimum standards for the regulation of disturbances of soils, as required pursuant to the bill, as they may apply for areas within the jurisdiction of the Pinelands Commission, and the State Soil Conservation Committee as expanded by the bill would be required to develop them in a manner necessary to effectuate the purposes of the "Pinelands Protection Act" and applicable federal Pinelands law. Nothing in the bill is to be construed to: (1) modify the provisions of the "Pinelands Protection Act" or applicable federal Pinelands law; or (2) prohibit the Pinelands Commission from adopting provisions for the preservation and protection of steep slopes that are more stringent than those required pursuant to the bill.
The bill also provides for substantial penalties for violations thereof.
The bill expands the State Soil Conservation Committee, for the purposes of this bill only, to include the representatives from the Jersey City and Newark public water utilities and the New Jersey Society of Municipal Engineers. The bill also provides that agricultural operations to be exempted from the requirements of the model ordinance are the operations that utilize best management practices. Finally the bill provides that any penalties collected pursuant to the bill would be paid to the enforcing entity, which could be the Department of Environmental Protection, a municipality, or a soil conservation district, except those penalties recovered by the Department of Environmental Protection would be remitted to the State Treasury.
The "Steep Slope Protection Act."