ORDINANCE 26-2006

ORDINANCE AMENDING AND SUPPLEMENTING THE LAND USE ORDINANCE OF THE TOWNSHIP OF MENDHAM TO REQUIRE MINOR SUBDIVISION AND MINOR SITE PLAN PLATS AND DEEDS AND FINAL MAJOR SUBDIVISION AND FINAL MAJOR SITE PLAN PLATS TO DEPICT THE ALLOWABLE PERCENTAGE OF SLOPE DISTURBANCE ON EACH LOT AND PARCEL COMPRISING THE DEVELOPMENT APPLICATION

            WHEREAS, it has been determined that minor subdivision and minor site plan deeds and plats and final major subdivision and site plan plats should depict the maximum allowable slope disturbance as approved by the Planning Board for each lot and parcel comprising the development application; and

            WHEREAS, the Township Committee desires to amend the Land Use Ordinance of the Township of Mendham to implement this determination.

            NOW, THEREFORE, BE IT ORDAINED by the Township Committee of the Township of Mendham , in the County of Morris , New Jersey , as follows:

1.      Section 16-7.2c of the Land Use Ordinance of the Township of Mendham is hereby amended by adding a new subsection 6 to read as follows:

6.      There is accurately shown on the plat or site plan or in the Deed perfecting the approval the maximum allowable slope disturbance as approved by the Planning Board for each lot and parcel comprising the development application.

2.      Section 16-7.5d of the Land Use Ordinance of the Township of Mendham is hereby amended by adding a new subsection 7 to read as follows:

7.      There is accurately shown on the plat or plan the maximum allowable slope disturbance as approved by the Planning Board for each lot and parcel comprising the development application.

3.      Section 16-8.1d of the Land Use Ordinance of the Township of Mendham is hereby amended by adding a new subsection 3 to read as follows:

3.      The plat or plan or deed perfecting the minor subdivision shall accurately show the maximum allowable slope disturbance as approved by the Planning Board for each lot and parcel comprising the development application.

4.      The introductory paragraph of Section 16-10.8b of the Land Use Ordinance of the Township of Mendham is hereby amended to read as follows:

b.      The overall extent of regrading and/or stripping of native or existing vegetation on steep slopes on any tract of land which is the subject of an application for subdivision or site plan approval shall be limited by the following standards established in this paragraph.  When granting preliminary minor subdivision or minor site plan approval or preliminary or final subdivision or site plan approval, the Planning Board shall establish the extent of allowable slope disturbance for each individual lot and parcel in such manner that the aggregate slope disturbance for all the individual lots and parcels comprising the development application does not exceed the allowable slope disturbance for the entire tract.

5.      All Ordinances of the Township of Mendham which are inconsistent with the provisions of this Ordinances are hereby repealed as to the extent of such inconsistency.

6.      If any section, subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this Ordinance.

7.      This Ordinance shall take effect as provided by law.

Adopted:  October 24, 2006

Attest:                                                              TOWNSHIP OF MENDHAM , IN THE

                                                                                    COUNTY OF MORRIS

_____________________________              By_____________________________

Penny Newell, Township Clerk           1                      Richard H. Krieg, Mayor