[HISTORY: Adopted by the City Council of the City of Englewood 5-7-2013 by Ord. No. 13-07. Amendments noted where applicable.]
No building structure or any part thereof, no fence or other structure shall be constructed, altered, located, or placed nearer the center line of any drainage canal, brook, or stream than as hereinafter specified:
Overpeck Drainage Canal. For that section of the Overpeck Drainage Canal from Flat Rock Brook to First Street, 50 feet; for that section of the Overpeck Drainage Canal from First Street to Slocum Avenue, 40 feet; for that section of the Overpeck Drainage Canal from Slocum Avenue to Engle Street, 35 feet; for that section of the Overpeck Drainage Canal from Engle Street to Hudson Avenue vicinity, 30 feet.
Metzler's Brook. For that section of Metzler's Brook from Ivy Lane to Washington Place, 35 feet; for that section of Metzler's Brook from Mattlage Place to First Street, 40 feet.
Flat Rock Brook. For that section of Flat Rock Brook from Overpeck Drainage Canal to Grand Avenue, 50 feet; for that section of Flat Rock Brook from Grand Avenue to Middlesex Avenue, 40 feet; for that section of Flat Rock Brook from Middlesex Avenue to Englewood Cliffs-Englewood boundary line, 30 feet.
Any property owner owning lands in any of the above described areas may apply to the Planning Board of the City for a specific exception from the provisions of this article.
The Planning Board shall have the power to grant an exception to the provisions of this article and permit construction within the described areas, which exception may be granted as part of a site plan approval granted by the Planning Board or by separate action of the Planning Board.
In determining whether or not to grant such exception, the Planning Board shall base its determination on:
The effect that such proposed construction would have on the nature and flow of the watercourse involved;
The danger and prospect of flooding on the premises involved; and
The effect that such proposed construction may be likely to have on flooding of the watercourse, including flooding at the site in question and elsewhere.
No bridge, culvert, viaduct, drainage structure, or any other structure shall be constructed over, under, or in the bed of any brook, drainage canal, or stream unless the same shall have been designed by a licensed professional engineer of the state of New Jersey and reviewed and approved by the City Engineer.
Such approval shall be denied if the City Engineer determines that the proposed bridge, culvert, viaduct, drainage structure, or other structure will obstruct the flow of water in the said drainage canal, brook, or stream to such an extent as to be likely to increase the danger of flooding thereof.
Nothing herein provided shall be construed so as to prohibit the construction of a bridge, culvert, viaduct, watershed, drainage structure, or other structure by any governmental agency authorized to undertake such construction.
Nothing herein contained shall be construed to authorize any construction in, over, or close to any watercourse without first obtaining any state, federal, or county approval which may be required therefore.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500, 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.
Nothing contained in this ordinance shall prohibit City of Englewood from enforcing its codes by any other means, including, but not limited to, injunction, abatement or as otherwise provided by code.