[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:
A.
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.
B.
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.
C.
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.
A.
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.
B.
In determining whether or not to grant such exception, the Planning
Board shall base its determination on:
(1)
The effect that such proposed construction would have on the nature
and flow of the watercourse involved;
(2)
The danger and prospect of flooding on the premises involved; and
(3)
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
