[HISTORY: Adopted by the Mayor and Council
of the Borough of Essex Fells 9-15-1987 by Ord. No. 87-527 (Ch. 12.12 of the 1992
Code); amended its entirety 5-7-2019 by Ord. No. 2019-1015. Subsequent amendments noted
where applicable.]
Permit required prior to land disturbance or construction. No
land shall be cleared, graded or otherwise disturbed for any purpose,
including but not limited to the construction of single-family dwellings,
two-family dwellings or other buildings or structures, the mining
of minerals, the removal of other natural resources, the development
of golf courses and/or the construction of streets, by any person
or entity other than the Borough of Essex Fells, County of Essex or
State of New Jersey unless the Borough Engineer has first approved
a lot grading and soil erosion and sediment control plan for the proposed
activity and has issued a grading permit allowing such activity to
proceed.
A.
This chapter shall not apply to those situations falling within the scope of and covered by Chapter 228, Soil Removal and Relocation.
B.
Provided that there are no environmentally sensitive areas, such
as but not limited to steep slopes, wetlands, streams or bodies of
water, located in the area to be graded or disturbed, and further
provided that, in the opinion of the Borough Engineer, the proposed
land disturbance will not create a soil erosion problem, then the
following exemptions may be granted: land disturbance less than or
equal to 20 cubic yards.
The lot grading and soil erosion and sediment control plan shall
be prepared by a professional engineer licensed by the State of New
Jersey. Two copies of the plan shall be submitted to the Borough Engineer
together with two copies of an application for a grading permit (which
application form shall be available through the office of the Borough
Engineer) and the fee required by this section. The lot grading and
soil erosion and sediment control plan shall contain the following
information:
A.
Date.
B.
Layout of proposed buildings and structures.
C.
North arrow; scale; block and lot number of the subject property
(or properties); name and address of record owner; and name, address,
license number and seal of the person preparing the plan.
D.
Complete lot boundary line information based on a current survey
prepared by a New Jersey licensed land surveyor.
E.
Building setback lines, lines of existing streets, easements affecting
the property and any areas dedicated to public use.
F.
Location of existing buildings and structures, if any, including
walls, fences, culverts and bridges. Spot elevations as to all such
structures shall be provided. Structures to be removed shall be indicated
by dashed lines.
G.
Location of all existing and proposed storm drainage structures.
H.
Existing contours at two-foot intervals where slopes are less than
10% and five-foot intervals where slopes are 10% or greater. Existing
contours shall be shown by dashed lines.
I.
Proposed contours with similar intervals. Proposed contours shall
be shown by solid lines.
J.
Location of existing rock outcroppings, high points, watercourses,
depressions, ponds, marshes, wooded areas and other significant natural
features.
K.
Proposed use of land, buildings and other structures, including driveways,
roads, curbs, sidewalks and other paved areas.
L.
Existing and proposed utility locations.
M.
Landscaping plans showing existing vegetation to remain and all areas
to be seeded or planted. Size and type of proposed trees and shrubs
shall be indicated. All trees eight inches in diameter at breast height
(DBH) or greater shall be shown.
N.
Disturbance fencing shall be provided around the limits of all areas
of disturbance.
O.
Silt fencing and/or hay bales shall be provided downstream of all
areas of disturbance.
P.
Such other information as may be required by the Borough Engineer
in order to determine that the requirements of this section have been
met.
The Borough Engineer shall approve an application upon determining
that there is a reasonable probability that the grading will not:
A.
Interfere with the natural drainage of the general area surrounding
the property;
B.
Interfere with the riparian or drainage rights or easements of other
property owners;
C.
Interfere with lateral supports or slopes;
D.
Cause an unreasonable accumulation or flow of surface water upon
or over any property; or
E.
Create or aggravate any condition detrimental to the public health
and safety.
No person, firm or corporation shall change the grade of any
property within the Borough except in conformance with maps, plans
and specifications approved by the Borough Engineer or the Planning
Board of the Borough as provided in this chapter.
Fee. Each applicant for a grading permit under this section
shall submit an administrative fee payable to the Borough of Essex
Fells in the amount of $85. In addition, a professional escrow of
$600 shall be posted to cover the costs of engineering review.
The owner may appeal the denial of the permit to the Planning
Board of the Borough on five days' written notice to the Construction
Official, the Borough Engineer and all persons owning property within
100 feet from the property proposed to be regraded. If the Planning
Board determines that the proposed change in grade does not violate
any of the provisions of this chapter, it shall direct the Construction
Official to issue the permit.
Not less than 30 days after the completion of any change of
grade, the owner shall furnish the Construction Official with the
written certification of a licensed engineer or licensed land surveyor
that the change of grade has been completed in accordance with the
application. Failure to furnish such a certification shall be deemed
a violation of this section. In no event shall a certificate of occupancy
be issued prior to the furnishing of the certification.
