[R.O. 1966 C.S. § 21A:4-1; Ord.
6PSF-E, 12-17-2014]
a. Soil erosion and sediment control plans shall be reviewed by the
Director of Engineering and shall be approved when in conformance
with the "Standards for Soil Erosion and Sediment Control in New Jersey"
as promulgated by the State Soil Conservation Committee and applicable
City ordinance. The Director of Engineering may seek the assistance
of the Local Conservation District in the review of such plans and
may deem as approved those plans which have been reviewed and determined
adequate by the district.
b. The Director of the Department of Engineering shall grant or deny
approval within a thirty-day period following admission of a complete
application unless, by mutual agreement in writing between the Director
of the Department of Engineering and the applicant, the thirty-day
period shall be extended for an additional thirty-day period. Failure
of the Director of Engineering to grant or deny approval within such
period or such extension thereof, shall constitute approval.
c. The decision of the Director of the Department of Engineering shall
be provided in writing to the applicant with copies sent to the Central
Permit Office and the Central Planning Board. Copies of decision including
the address of the site, the block and lot numbers of the site, the
proposed land use and other information as required by the district
shall be sent to the Local Soil Conservation District on a quarterly
basis.
[R.O. 1966 C.S. § 21A:4-2; Ord.
6PSF-E, 12-17-2014]
a. Upon compliance with all aforementioned requirements and upon payment
of all fees required hereunder, the Director of the Department of
Engineering shall issue a permit to the applicant, with or without
conditions. Each permit shall prescribe a reasonable schedule for
all work to be completed thereunder.
b. No permit shall be issued for a land disturbing activity, including,
but not limited to, building, development, and excavation, which is
not permitted by existing zoning and variances or by appropriate City,
State or Federal rules, regulations, laws or ordinances.
c. Permits as required under the Newark Uniform Construction Code [Title
VII] shall not be issued until the applicant has obtained a soil erosion
sediment control permit.
[R.O. 1966 § 21A:4-3; Ord. 6PSF-E, 12-17-2014]
The Director of the Department of Engineering shall be notified
in writing 72 hours before commencement of any land disturbing activity
permitted under this Title.
[R.O. 1966 § 21A:4-4; Ord. 6PSF-E, 12-17-2014]
a. Major revisions to an approved soil erosion and sediment control
plan proposed by the applicant shall constitute a new project and
shall necessitate a new application where required by the Director
of Engineering or the Soil Conservation District. Major revisions
shall include significant changes in the dimensions of the area to
be disturbed, changes affecting at least a 10% cost deviation from
the approved plan, significant modifications of the general design
principles of such revisions as deemed by the Director of Engineering
as requiring reevaluation.
b. The Director of the Department of Engineering shall, when he/she
deems necessary, order on-site repairs or modifications to effect
protection of water courses, properties, and the general public from
impending damage until such modifications can be incorporated into
the approved soil erosion and sediment control plan.
c. Where work cannot be completed in the time period allotted by the
approved schedule, a request for an extension, reasons for the requested
extension and a revised schedule of compliance shall be submitted
in writing to the Director of the Department of Engineering. The revised
schedule shall be implemented subject to the approval of the Director
of Engineering.
[R.O. 1966 § 21A:4-5; Ord. 6PSF-E, 12-17-2014]
All permanent soil erosion and sediment control measures installed
pursuant to this Title shall be adequately maintained by the property
owner for two years after completion of the approved plan and after
this period of time the property shall be maintained in a manner which
shall not create an erosion problem.
[R.O. 1966 C.S. § 21A:4-6; Ord.
6PSF-E, 12-17-2014]
a. The applicant shall not engage in any land disturbing activity which
permits or causes the deposition of sediment, rock, gravel or other
material on any public street, sewer, storm water inlet, catchbasin,
water course or any public property resulting in damage or interference
with the use of such property.
b. The applicant shall not engage in any land disturbing activity which
permits or causes the deposition of sediment, rock, gravel or other
material on any private property resulting in damage to such property
without the express consent of the owner of the affected property.
c. When sediment, rock, gravel or other material is hauled from a site,
precautions shall be implemented to prevent the material from being
blown, spilled, deposited, dropped or discharged from the vehicle
by any means whatever onto the street or adjacent public or private
property.
d. Where sediment, rock, gravel or other material is deposited on any
public or private property in violation of paragraph a, b, or c above,
the applicant shall effect removal of same from such property within
24 hours.
[R.O. 1966 C.S. § 21A:4-7; Ord.
6PSF-E, 12-17-2014]
No person shall interfere with or obstruct the passage of an
authorized representative of the Director of the Department of Engineering
to or from any site while engaged in inspection under this Title.
Permission is granted to the Director of the Department of Engineering
or his/her authorized designee as a condition of the issuance of the
permit to enter upon the site and property during regular work hours.
[R.O. 1966 C.S. § 21A:4-8; Ord.
6PSF-E, 12-17-2014]
Upon completion of all work, the applicant shall file with the
Director of the Department of Engineering certification, on a form
obtained from the Department of Engineering, that all soil erosion
and sediment control measures have been completed in conformance with
the approved plan, conditions of the permit and provisions of this
Title.
[R.O. 1966 C.S. § 21A:4-9; Ord.
6PSF-E, 12-17-2014]
a. The applicant shall post a check in an amount that is 10% of the
cost of work to be performed under the approved plan but in no case
less than $300 to assure completion of required control measures before
the issuance of a permit by the Central Permit Office.
b. The Director of the Department of Engineering shall inspect each
site for which an inspection/compliance fee has been posted and shall
certify whether installations and control measures are in compliance
with the standards and general design principles prescribed by this
Title and with any specific requirements that have been stated as
conditions of application approval. The applicant shall have a copy
of the approved soil erosion and sediment control plan and permit
on site during construction.
c. The Director of the Department of Engineering shall issue a stop
construction order for all activities on the site if a project is
not being executed in accordance with the approved soil erosion and
sediment control plan, modifications thereof, conditions stipulated
in the permit, or provisions provided by this Title. The Director
of the Department of Engineering shall provide to the applicant the
necessary corrective measures and a schedule of compliance.
d. The Director of the Department of Engineering shall revoke or suspend
the soil erosion and sediment control permit for failure to comply
with the provisions of c above.
e. A certificate of occupancy shall not be issued until the permanent
measures to control soil erosion and sedimentation are installed in
compliance with the provisions of the approved plan. A formal report
of such compliance prepared by the Department of Engineering shall
be filed with the Building Subcode Official. A copy of this report
shall be sent to the Local Soil Conservation District.