[HISTORY: Adopted by the City Council of the City of Englewood
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1978 by Ord. No. 2335 as Arts. 1 through 7
of Ch. 21 of the 1978 Revised General Ordinances]
This chapter shall be known and may be cited as the "Soil Erosion
and Sediment Control Ordinance of the City of Englewood."
The purpose of this chapter is to control soil erosion, sedimentation
and related environmental damage consistent with the provisions of
the Soil Erosion and Sediment Control Act of the State of New Jersey,
N.J.S.A. 4:24-39 et seq., and the regulations adopted pursuant thereto
by the New Jersey State Soil Conservation Committee.
This chapter has been adopted pursuant to authorization contained
in the Soil Erosion and Sediment Control Act of the State of New Jersey
and the regulations adopted by the State Soil Conservation Committee
of the State of New Jersey, and shall be interpreted and applied consistent
with the provisions of said law and regulations.
For the purposes of this chapter, unless the context clearly
indicates a different meaning, the following terms shall have the
following defined meanings:
A person (as hereinafter defined) who shall submit an application
for development.
A proposed subdivision of land, site plan, conditional use,
zoning variance, planned development, or construction permit.
A written endorsement by the City Engineer of a plan for
soil erosion and sediment control, which endorsement indicates that
the plan meets the standards promulgated by this chapter.
Any activity involving the clearing, excavating, storing,
grading, filling or transporting of soil, or any other activity which
causes soil to be exposed to the danger of erosion.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
Includes a natural person, partnership, corporation or other
entity of any kind including a public agency.
A scheme which indicates land treatment measures, including
a schedule of timing for their installation, to minimize soil erosion
and sedimentation.
The disturbance of more than 5,000 square feet of surface
area of land for the accommodation of construction for which the uniform
construction codes[1] require a construction permit, except that the construction
of a single-family dwelling unit shall not be deemed a project under
this chapter unless such unit is part of a proposed subdivision, site
plan, conditional use, zoning variance, planned development, or construction
permit application including two or more such single-family dwelling
units.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site or origin by
air, water or gravity as a product of erosion.
All unconsolidated mineral or organic material of any origin.
No person shall undertake any project within the City unless
he first shall have submitted to the City Engineer a plan for control
of soil erosion and sedimentation for such project, and unless such
plan has been certified by the City Engineer as conforming to the
Standards for Soil Erosion and Sediment Control in New Jersey (including
all amendments and supplements thereto) as promulgated by the State
Soil Conservation Committee pursuant to the Soil Erosion and Sediment
Control Act.
An application for such certification shall be in such form,
and plans submitted as part thereof shall be at such scale, as shall
be designated by the City Engineer, and shall contain or indicate:
A.
The location and description of existing natural and man-made features
on or surrounding the site, including general topography and soil
characteristics;
B.
The location and description of proposed changes to the site and
proposed disturbances thereon; and
C.
Such additional information as the City Engineer may require in order
to enable him to determine compliance with the provisions of this
chapter or to facilitate his making such determination.
A.
Following submission of an application for certification of a plan
for soil erosion and sediment control, and after review thereof by
the City Engineer to determine whether such plan complies with this
chapter, the City Engineer shall provide the applicant with a written
notice indicating that:
B.
The City Engineer shall grant or deny certification within 30 days
from submission to him of a complete application; provided however,
that the said thirty-day period may be extended for an additional
30 days by written agreement signed by the applicant.
C.
Failure of the City Engineer to grant or deny certification within
such thirty-day period, or within such extended period as agreed to
by the applicant, shall constitute and have the same effect as certification.
D.
The City Engineer shall furnish to the City Planning Board, to the
Bergen County Soil Conservation District, and to the applicant a copy
of each certification or denial issued by him, including all conditions
or statements forming part thereof, which shall set forth the name
of the applicant, the site location by both street address and block
and lot numbers, the proposed land use and such other additional information
as may be required by the Bergen County Soil Conservation District.
E.
Any proposed change in the certified plan shall be submitted to the
City Engineer for certification in the same manner as an original
application for certification of a plan.
F.
The applicant shall maintain a copy of the certified plan at the
site location which shall be available for inspection during construction.
[Amended 4-24-2012 by Ord. No. 12-14]
An application for certification of a plan for soil erosion and sediment control shall be accompanied by the required fee as provided for in Chapter 191, Fee Schedule.
A.
The City Engineer shall inspect projects from time to time to determine
and ensure compliance with the provisions of the certified plan.
B.
If the City Engineer determines that the project is not proceeding
in compliance with all provisions of a certified plan, he shall so
advise the person proceeding with the project and demand immediate
compliance with the plan.
C.
If such compliance is not immediately forthcoming, the City Engineer
may issue a stop-construction order, and following the issuance of
such order, no further construction activity or other work shall take
place on the project until the applicant complies with all provisions
of the certified plan.
No certificate of occupancy shall be issued for any project
unless the City Engineer shall first have certified to the issuing
authority that there has been compliance with the provisions of a
certified plan for permanent control of soil erosion and sedimentation.
A formal report of such compliance shall be filed with the Chief Inspector
of the City, and a copy of such formal report shall be sent to the
Bergen County Soil Conservation District.
Any person who violates any provisions of this chapter shall
be liable for the penalties prescribed in N.J.S.A. 4:24-53, which
penalties shall be subject to collection and enforcement in the manner
provided therein.
[Adopted 7-17-1990 as Art. 8 of Ch. 21 of the 1978 Revised
General Ordinances]
Council finds and determines that the unregulated and controlled
relocation, filling, excavation, removal or deposit of soil has resulted
and will result in conditions detrimental to the public safety, health
and general welfare and substantially interferes with the efforts
of the City of Englewood to promote and effectuate proper municipal
planning. Moreover, the Council finds that regulations concerning
the relocation, filling, excavation, removal and deposit of soil is
necessary to safeguard the above interests, protect us from the spread
of contaminated soils and provide for the orderly and best use of
the soil and vegetative cover of the land, a valuable natural resource.
The following words and phrases when used in this article shall
have the meaning given unless inconsistent with the manifest intent
of this article:
Soil containing any hazardous waste or radioactive substances.
The excavation, removal, importation, deposit, placing, filling,
grading, regrading, leveling, relocating, piling, or storage of soil
or the altering or changing of the location or contour of soil; provided,
however, that the term "disturbance" shall not be construed to include
plowing, spading cultivating, harrowing, disking, raking or tilling
of soil ordinarily associated with agricultural purposes or landscape
maintenance.
Any waste or combination of wastes which pose a present or
potential threat to human health, living organisms or the environment,
including, but not limited to, waste material that is toxic, carcinogenic,
corrosive, irritating, sensitizing biologically infectious, explosive
or flammable, and waste so designated by the United States Environmental
Protection Agency.
Any substance which emits particle radiation, including alphas,
betas, high-energy electrons, neutrons, protons or other atomic or
nuclear particles in such manner as to be or tend to be injurious
or dangerous to the health of persons, wildlife or the ecology.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
without regard to the presence or absense therein of organic matter
or any debris, whether organic or construction debris, including but
not limited to asphalt and concrete.
Soil that, in its natural state, constitutes the top layer
of earth and is composed of 2% or more by weight of organic matter
and has the ability to support vegetation.
[Amended 2-25-2014 by Ord. No. 14-06]
Except as otherwise required herein, no person shall disturb
any soil upon or transfer soil from or to any property within the
City of Englewood without first obtaining a permit therefor from the
City Engineer. Any change in ground elevation that results in a two-foot
elevation gain or more within 30 feet of any side or rear yard property
line requires a variance from the Englewood Board of Adjustment. The
variance shall be granted only upon the applicant's proof that
the impact on adjoining property owners shall be minimal either because:
A.
The City Engineer may issue or revoke permits required under this
article.
B.
The permit shall be issued to the owner or authorized agent of the
owner with respect to each lot shown on the Tax Map of the City of
Englewood upon which soil is to be disturbed. A separate permit shall
be required for each of said lots.
C.
Permits shall be issued for a duration of no longer than one year.
A.
No soil moving permit shall be issued to any applicant until a performance
bond is posted with the City, and such amount shall be determined
by the City Engineer in accordance with the schedule set out below
and in a form approved by the City Solicitor. The terms of such bond
shall be conditioned upon the applicant's restoration of areas
disturbed to a condition approved by the City Engineer's office
or in accordance with a site plan or subdivision approval.
B.
The bond shall be in an amount of $100 plus an additional $5 for
each cubic yard of soil to be disturbed in excess of 20 cubic yards.
Procedure for applying for and issuing a soil disturbance permit
shall be as follows:
A.
Form of application. The applicant shall submit to the City Engineer's
office, in triplicate, the following information:
(1)
The name and address of the owner of the land.
(2)
The description of the lands in question, including the lot and block
numbers of the land as shown on the current Tax Map of the City.
(3)
The purpose or reason for moving the soil.
(4)
The type and quantity, in cubic yards, of soil to be moved.
(5)
The location to which the soil is to be moved.
(6)
The proposed dates for commencement and completion of the work.
(7)
A description of the equipment to be used in the excavation and moving
of the soil, and the number and size of trucks and other vehicles
to be used.
(8)
The name and address of the person having express charge, supervision
and control of the proposed excavation work.
(9)
A listing of the route to be used by the vehicles in moving or installing
the soil.
(10)
A written statement of plans to control soil erosion, with approval
form.
(11)
Proof of liability insurance in such an amount and form as the
Planning Board may require.
(12)
A statement granting permission to City officials or their employees
to enter the premises and make surveys and inspections as the work
progresses.
A.
In determining whether a permit should issue, the City Engineer shall
be guided by and take into consideration the public health, safety
and general welfare, and particular consideration shall be given to
the following factors:
(1)
Soil erosion by water and wind.
(2)
Drainage.
(3)
Soil fertility.
(4)
Lateral support of slopes and grades of abutting streets and lands.
(5)
Land value and uses.
(6)
Such other factors as may bear upon and relate to the coordinated,
adjusted or harmonious physical development of the City.
(7)
The health, safety and welfare of the residents, wildlife and ecology
of the City of Englewood.
B.
The permit may be issued upon the determination that the proposed
soil disturbance will not create conditions in inimicable to public
health, welfare and safety and will not result in the creation of
any sharp declivities, large or unsightly mounds, pits or depressions,
soil erosion or utility problems, depressed land values, drainage
problems, sewerage problems or other conditions of danger.
The fee for a soil disturbance permit shall be $100 for the
first 50 cubic yards and an additional $100 for each additional 50
cubic yards of soil disturbed or part thereof.
Soil disturbance shall be performed in accordance with the following
regulations:
A.
If permission to deposit or remove the soil is granted, the owner
or person in charge of the deposit or removal of the soil shall so
conduct the operations that there shall be no sharp declivities, pits
or depressions and in such a manner that the area shall be properly
leveled off, cleared of debris and graded to conform with the approved
contour lines and grades.
B.
The owner or person in charge of the deposit or removal of soil shall
so conduct the operations to minimize, to the extent practicable,
water runoff, the creation of dust, or other airborne contamination.
C.
No excavation, removal, deposit, piling, or relocation of soil or
the loading or unloading of soil from vehicles for which a permit
is required shall be conducted other than between the hours of 8:00
a.m. and 6:00 p.m., Monday through Friday, holidays excepted.
D.
Except in the case of the removal of contaminated soil, if permission
to remove the soil is granted the owner of the premises or the person
in charge of the removal of soil shall not take away the top layer
of arable soil, to a depth of six inches. Such top layer of arable
soil, to a depth of six inches, shall be set aside for retention on
the premises and shall be respread over the premises when the rest
of the soil has been removed, pursuant to the levels and contour lines
approved by the City Engineer.
E.
With respect to the removal of contaminated soil within the City
of Englewood, the top six inches of soil may be removed, provided
the grade is restored with a minimum of six inches of suitable topsoil.
A.
In addition to the requirements for obtaining a permit for the disturbance of soil contained in § 358-17 hereof, the following additional information may be required for the disturbance of any contaminated soil within the City of Englewood:
(1)
A chemical and/or radiological inspection report, performed by a
certified laboratory at the expense of the owner, on all such soil
deposited, removed relocated, piled or otherwise stored, identifying
the nature of the contamination.
(2)
The source of any contaminated soil to be relocated, deposited, piled
or stored within the City of Englewood.
(3)
The destination of any contaminated soil to be excavated, relocated
or removed from the City of Englewood.
(4)
A description of the method by which such contaminated soil is to
be transported within the City of Englewood and the proposed route
and the dates and times during which such proposed transportation
shall take place.
(5)
The quantity of the contaminated soil to be relocated, deposited,
piled, stored, excavated or removed.
B.
Transportation of contaminated soil within or through the City of
Englewood shall be made only in accordance with the following regulations:
(1)
Vehicles transporting said contaminated soil shall be covered and
seated in such a manner as to prevent the spillage of any contaminated
soil or dust therefrom during transport.
(2)
All exposed portions of said vehicles shall be cleaned of any contaminated
soil prior to travel along any street within the City of Englewood.
(3)
Under no circumstances shall any contaminated soil or contaminated
water runoff be permitted to fall or flow upon any street within the
City of Englewood or enter into the City's sanitary sewer system
or drainage water system.
(4)
Transportation routes and traffic control will be coordinated with
the Public Safety Director or such other designated City official.
C.
No person shall knowingly deposit, transport to or store upon any
premises within the City of Englewood any contaminated soil.
The provisions of this article with respect to the issuance
of a permit shall not apply to the following operations:
Appeals with respect to the issuance, denial or revocation of any permit required hereunder shall be in accordance with provisions of Chapter 262 of the Code of the City of Englewood.
Any person violating any provision of this article shall, upon
conviction thereof, be punished by a fine of not less than $100 nor
more than $1,000 or by imprisonment for a term not exceeding 90 days,
or both. A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
