[HISTORY: Adopted by the City Council of the City of Garfield 3-6-1990 by Ord. No. 2035 (Ch. 138 of the 1979 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 157.
Subdivision of land — See Ch. 222.
Zoning — See Ch. 341.
For the purpose of this chapter, the following terms shall have the meanings indicated:
ALTERATION
Any change in the contour affecting the natural drainage and flow of water.
CITY ENGINEER
The person, firm or corporation appointed by the City Manager pursuant to City of Garfield Code § 39-37 et seq.
PERSON
An individual, partnership, firm, corporation or other legal entity having control or ownership of a parcel of property.
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 100 square feet or more, no person shall cause any alteration or excavation of such grade or any construction thereupon or any removal therefrom of natural growth unless and until such person shall have been granted a soil stabilization permit as hereinafter provided to minimize the adverse impact upon the adjoining property or properties.
Any person seeking a soil stabilization permit shall apply to the Construction Code Official by filing a completed application in such form as the Construction Code Official and City Engineer may require. The application shall describe the property and include a current topographical survey of the premises prepared by a New Jersey licensed land surveyor or engineer in such form as the City Engineer may reasonably require. The survey must disclose the topography of the entire parcel and must be accompanied by the filing fee and an escrow deposit to be paid to the City. The escrow deposit shall abide the reasonable and usual charge by the City Engineer for review of the application as hereinafter provided, the balance of such escrow, if any, being returned to the applicant as soon as practical after the payment for the review and recommendation of the City Engineer.
The filing fee shall be $100. The escrow shall be not less than $1,000. Both fees shall be payable to the City of Garfield.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Within 30 days after the filing of a complete application, the City Engineer shall determine whether the proposed undertaking will require the installation of retaining walls or any other devices to maintain soil stabilization. If no stabilization is required and the application adequately considers soil stabilization, then the City Engineer shall issue a permit so indicating. Otherwise the City Engineer shall issue a written opinion and report to the applicant, Construction Code Official, Zoning Officer and City Manager indicating those measures which must be undertaken by the applicant. No construction, excavation or filling may be undertaken without full compliance with the requirements of the City Engineer. Failure to so comply shall constitute grounds for the refusal of or revocation of any construction permit or certificate of occupancy for the parcel.
[Amended 4-25-2006 by Ord. No. 2457]
Violations of this chapter shall be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days, in the court's discretion. The court, when considering a fine for a violation, may take into account the extraordinary costs to the City resulting from the violation of this chapter, as such costs may be certified by the City Engineer or Construction Code Official.