Stockton has OK’d an ordinance to protect development on sloped terrains.
By: Linda Seida
STOCKTON The Borough Council recently passed an ordinance that will regulate the amount of disturbance on sloped terrain to protect and maintain natural resources.
On slopes 20 percent or steeper, no development, stripping of vegetation or grading of the land will be permitted.
If slopes are at least 15 percent but less than 20 percent, the maximum amount of disturbance permitted will be 20 percent.
Designs and grading in areas of more than 15 percent slope must cause the least possible disruption of scenic views. In these areas, the construction of roads and driveways will be required to follow the natural topography as much as possible.
The maximum amount of disturbance permitted in sloped areas of less than 15 percent will be governed by the current zoning for that particular area.
Exemptions to the new regulations are unpaved walkways or trails 8 feet wide or less.
In addition, trees of a certain size cannot be removed from an area of slopes greater than 15 percent, but the specific size of the trees remains vague.
The ordinance describes the trees that cannot be disturbed as having "a diameter at breast height of 10 inches or more." The ordinance does not specify how tall breast height is.
Councilwoman Constance Bassett, who chairs the Shade Tree Committee, said breast height is considered to be approximately 5 feet.
Penalties range from $100 to $1,000 per day for each offense. Violations also carry the possibility of 30 days imprisonment or 30 days of community service or both.
The final decision will be made by a Municipal Court judge.
The new ordinance also states the borough could file a civil lawsuit in state Superior Court against any violator.
Because the small borough is almost built up, the ordinance is expected to affect only new construction or homeowners on sloped streets such as Church and Broad who may want to modify their homes, Planning Board Chairman Richard Schuck said previously.
The council gave unanimous approval to the new law May 22 with little comment other than to thank the members of the Planning Board and the Environmental Commission for their extensive input. No comment was made by the public.
The ordinance was introduced in January. Council members sent it back to the Planning Board and the Environmental Commission for fine-tuning.

