[HISTORY: Adopted by the City Council of the City of Garfield 3-6-1990
by Ord. No. 2035 (Ch. 138 of the 1979 Code). Amendments noted
where applicable.]
For the purpose of this chapter, the following terms shall have the
meanings indicated:
Any change in the contour affecting the natural drainage and flow
of water.
The person, firm or corporation appointed by the City Manager pursuant to City of Garfield Code § 39-37 et seq.
An individual, partnership, firm, corporation or other legal entity
having control or ownership of a parcel of property.
Upon any parcel of property which has, within a distance of 15 feet
from any of its outside boundaries, any slope or grade averaging greater than
three feet horizontal to one foot vertical and an area of 100 square feet
or more, no person shall cause any alteration or excavation of such grade
or any construction thereupon or any removal therefrom of natural growth unless
and until such person shall have been granted a soil stabilization permit
as hereinafter provided to minimize the adverse impact upon the adjoining
property or properties.
Any person seeking a soil stabilization permit shall apply to the Construction
Code Official by filing a completed application in such form as the Construction
Code Official and City Engineer may require. The application shall describe
the property and include a current topographical survey of the premises prepared
by a New Jersey licensed land surveyor or engineer in such form as the City
Engineer may reasonably require. The survey must disclose the topography of
the entire parcel and must be accompanied by the filing fee and an escrow
deposit to be paid to the City. The escrow deposit shall abide the reasonable
and usual charge by the City Engineer for review of the application as hereinafter
provided, the balance of such escrow, if any, being returned to the applicant
as soon as practical after the payment for the review and recommendation of
the City Engineer.
The filing fee shall be $100. The escrow shall be not less than $1,000.
Both fees shall be payable to the City of Garfield.
Within 30 days after the filing of a complete application, the City
Engineer shall determine whether the proposed undertaking will require the
installation of retaining walls or any other devices to maintain soil stabilization.
If no stabilization is required and the application adequately considers soil
stabilization, then the City Engineer shall issue a permit so indicating.
Otherwise the City Engineer shall issue a written opinion and report to the
applicant, Construction Code Official, Zoning Officer and City Manager indicating
those measures which must be undertaken by the applicant. No construction,
excavation or filling may be undertaken without full compliance with the requirements
of the City Engineer. Failure to so comply shall constitute grounds for the
refusal of or revocation of any construction permit or certificate of occupancy
for the parcel.
[Amended 4-25-2006 by Ord. No. 2457]
Violations of this chapter shall be punished by one or more of the following:
a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days;
and/or a period of community service not exceeding 90 days, in the court's
discretion. The court, when considering a fine for a violation, may take into
account the extraordinary costs to the City resulting from the violation of
this chapter, as such costs may be certified by the City Engineer or Construction
Code Official.
