West New York, NJ Environmental Rules: Erosion Control (2026)

Section 358-46 of Chapter 358, Subdivision of Land, is the Town of West New York's erosion and sedimentation standard for construction. It applies to a subdivision or development site and does three things. First, no topsoil shall be removed from the site or used as spoil. Second, topsoil moved during the course of construction must be redistributed to provide at least six inches to all areas of the subdivision or development site. Third, topsoil protection and removal, and soil erosion and sedimentation control, must be in accordance with the requirements of Chapter 459 of the Laws of 1979. The code's own editor's note identifies that act as the amendment to the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., so the Town incorporates the state requirements rather than printing its own technical standards.

Chapter 358 backs the standard with paperwork and definitions. Its definitions section defines "EROSION AND SEDIMENT CONTROL PLAN" as a plan which fully indicates necessary land treatment measures, including a schedule of the timing for their installation, which will effectively minimize soil erosion and sedimentation. It also defines "DISTURB" broadly: to dig, dredge, excavate, remove, strip and grub, deposit, grade, clear, level, fill or otherwise alter or change the location or contour of land so as to expose it to the dangers of erosion. A preliminary plat application must include the required soil erosion and sediment control plans, drawn in accordance with the chapter and any other applicable ordinance, filed with the Secretary of the Planning Board together with at least eight black-line-on-white prints and three complete application forms. The standards for new plantings also require street planting strips to be finished, graded and seeded or sodded in conformance with the certified soil erosion and sediment control plan for the project.

Outside subdivision review, § 379-2 of the Tree Removal chapter bars removing multiple trees on a single lot within a six-month period without a soil disturbance permit from the Construction Department, which reviews the environmental impact of the removal and the related soil disturbance.