[HISTORY: Adopted by the Mayor and Council
of the Borough of Hasbrouck Heights 12-27-1988 by Ord. No. 1495.
Amendments noted where applicable.]
GENERAL REFERENCES
Soil removal — See Ch. 228.
Upon any parcel of property which has within
a distance of 15 feet from any of its outside boundaries any slope
or grade averaging greater than three feet horizontal to one foot
vertical and an area of 15 square feet or more, no person, firm or
corporation shall cause there to be any alteration or excavation of
such grade, any construction thereupon or any removal therefrom of
natural growth unless and until such person, firm or corporation shall
have been granted a soil stabilization permit as hereinafter provided.
[Amended 4-11-2000 by Ord. No. 1893]
Any person, firm or corporation seeking a soil stabilization permit hereunder shall apply to the Borough Engineer for the same by filing with him a completed application therefor, in such form as he may require, describing the project to be undertaken, together with a current topographical survey of the subject premises by a licensed land surveyor of the State of New Jersey, in such form as the Borough Engineer may reasonably require, disclosing the topography of the entire parcel of land, together with a fee to be posted in escrow with the Borough of Hasbrouck Heights in the sum as set forth in Chapter 133, Fees, which shall abide the reasonable and usual charge of the Borough Engineer for his review of the application, as hereinafter provided, which charge shall be paid to him upon voucher in the usual form and the balance of which escrow, if any, shall be returned to the applicant.
Within 30 days after the filing of a complete
application as aforesaid, the Borough Engineer shall determine whether
the undertaking proposed by the applicant will, in his expert opinion,
require the installation of retaining walls or any other devices to
maintain the soil stabilization. If not, the Borough Engineer shall
issue a soil stabilization permit so indicating. If so, the Borough
Engineer shall issue a written report to the applicant and to the
Building Inspector of the Borough of Hasbrouck Heights indicating
those measures which must be undertaken by the applicant. In the latter
case, the applicant shall not undertake any construction upon or excavation
of the subject premises without full compliance with the requirements
of the Borough Engineer. Failure to so comply shall constitute grounds
for the refusal of or revocation of any building permit or certificate
of occupancy for the subject premises.
[Amended 5-29-1990 by Ord. No. 1538; 2-10-2009 by Ord. No. 2201]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be subject to such penalties as are provided in Chapter 204 of this Code. In fixing the fine provided under Chapter 204, the court shall consider the additional or extraordinary cost to the Borough resulting from the violation of the terms of this chapter, as such cost may be certified to the court by the Borough Engineer or the Building Inspector.
