Borough of Cresskill, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Shade trees — See Ch. 214.
Site development plan — See Ch. 218.
Subdivision of land — See Ch. 234.
Zoning — See Ch. 275.
[Adopted 4-21-1987 by Ord. No. 87-9-965]

§ 151-1 Title.

This article shall be known as the "Landscaping Ordinance of the Borough of Cresskill."

§ 151-2 Purpose.

[Amended 4-7-1993 by Ord. No. 93-6-1086]
The purpose of this article is to ensure that nothing is planted, installed, placed or constructed on Borough rights-of-way or on easements without first being reviewed and approved by the Planning Board. No approval or review will be necessary for grass and other forms of ground cover; e.g., ivy, pachysandra, etc., which do not exceed 12 inches in height at maturity.

§ 151-3 Applicability.

[Amended 4-7-1993 by Ord. No. 93-6-1086]
The provisions of this article shall apply to all new landscaping planted or installed within the Borough by anyone after the effective date of this section. Landscaping permits will be required for any landscaping planted or installed on Borough rights-of-way and for landscaping planted or installed on any property containing an easement.

§ 151-4 Conformance required.

[Amended 4-7-1993 by Ord. No. 93-6-1086]
It shall be unlawful, after the effective date of this section, for anyone to install, place, construct or plant any landscaping except in conformance with the provisions hereof, which shall include a permit to do so.

§ 151-5 Definitions.

As used in this article, the following terms shall have the meaning indicated:
LANDSCAPED AREA
Any areas that is not covered by buildings, parking areas or driveway. All setback areas, except easements, may be included in the "landscaped areas."
LANDSCAPING
Includes but is not limited to plants, shrubs, trees, ground cover, vines, rocks, benches, picnic areas, wooded timbers, gravel, walkways, berms, pavers (paving stone), gazebos, art forms, sculpture, retaining walls, water elements (i.e., pools, fountains and waterfalls), terraces, signs and informational signs and graphics.
TREE
A woody plant, usually with a single main stem, generally growing more than 20 feet tall.

§ 151-6 Landscape plan.

As part of the review process imposed by the Borough, the owner/applicant shall submit a properly conforming landscape plan, whose scale shall be one inch to 20 feet or larger if the applicant's project is 1/2 acre or less or one inch to 50 feet or larger if the applicant's project is larger than 1/2 acre, which shall include or show:
A. 
A north-indicating arrow.
B. 
Property lines.
C. 
Locations of the proposed and existing structures on the site.
D. 
Locations of all existing and proposed hard surface areas.
E. 
All plants at mature size and at the same scale as the landscape plan.
F. 
The owner/developers of the project, their telephone numbers and addresses.
G. 
The design architect and his telephone number and address.
H. 
Written descriptions of procedures to be used for revegetating previously stripped areas and analyses of drainageways and areas prone to soil erosion and procedures designed to mitigate such erosion. The written description shall include sections and profiles of proposed and existing drainageways or drainage forces.
I. 
Existing easements and their purposes.

§ 151-7 Criteria for approval of plan.

In reviewing the applicant's landscape plan, the Planning Board shall take into consideration the following goals and objectives as well as the specific criteria enumerated. The Board, as appropriate, shall approve the plan if it finds and determines that:
A. 
The plan provides visual, noise and access barriers between conflicting land uses.
B. 
The plan takes into account and does not inhibit the exercise of solar access rights of neighboring properties.
C. 
The plan does not interfere with any line of sight of vehicle drivers entering or leaving the property.
D. 
The plan enhances the architecture of the property, e.g., the landscaping tends to break up the large expanses of wall or other structure.
E. 
The plan does not interfere with any easements on the property nor with any Borough rights-of-way.
[Amended 4-7-1993 by Ord. No. 93-6-1086]
F. 
The plan facilitates the movement of pedestrians and vehicles on the site and integrates with and helps to conceal parking facilities on the site.
G. 
The plan utilizes and preserves existing and native vegetation to the greatest degree possible.
H. 
All other specific requirements in this article are met by the plan.

§ 151-8 Requirements.

All landscaping plans submitted shall meet the following requirements prior to approval:
A. 
All disturbed areas on the site shall be revegetated or landscaped in a manner as approved by the Planning Board.
B. 
All on-site areas prone to soil erosion shall be defined on the landscape plan and shall be controlled through landscaping.
C. 
If requested by the Borough, details must be submitted which show that no proposed landscaping plan shall cause interference with adjacent property owners' solar access rights.
D. 
No landscaping plan shall provide for plantings or construction which interfere with the sight line of drivers entering or leaving the site that would pose a safety hazard.
E. 
Where deemed necessary by the Planning Board, the plan must provide for visual, noise and/or access barriers between lots or parcels and/or abutting streets or thoroughfares. In making its decision, the Planning Board will take into consideration the types of land uses on the adjoining lots or parcels.
F. 
Any plan containing an outdoor storage area or display area will provide visual, noise and/or access barriers between any adjacent lots or parcels and abutting streets and thoroughfares.

§ 151-9 Guaranty.

A. 
The Borough may require the applicant, as a condition of final approval of a plan or before issuance of the certificate of occupancy, to provide a guaranty for not less than 125% of the then-current estimated cost of the landscaping improvements as estimated by the Borough to insure the installation of all landscaping shown and the continued maintenance and replacement of the same for a period of two years after installation. The guaranty shall be in a form acceptable to the Borough. As portions of the landscaping improvements are completed, the Borough shall inspect them and, upon approval and acceptance, shall authorize the release of the agreed estimated cost for that portion of the improvements, except that 10% of the estimated cost shall be withheld until all proposed improvements are completed and approved, and an additional 25% shall be retained until the improvements have been maintained in a satisfactory condition for two years thereafter.
B. 
The Mayor and Council may waive the required bond for contractors with two years of experience in landscaping within the Borough and with no complaints from the Borough regarding their work.

§ 151-10 Enforcement official.

this article shall be enforced by the Building Inspector.
[Adopted 12-3-2009 by Ord. No. 09-08-1376; amended in its entirety 5-20-2015 by Ord. No. 15-05-1473]

§ 151-11 Operating requirements.

Every landscaper operating within the Borough shall be required to comply with the following:
A. 
All vehicles used in said operation shall be required to utilize a cover on the vehicles to prevent any clippings, leaves, twigs or other debris from blowing or falling out of the vehicle when traveling the streets of the Borough.
B. 
The use of backpack blowers, handheld leaf blowers and walk-behind leaf blowers shall be permitted subject to compliance with the following conditions:
(1) 
All sidewalk clippings shall be dispersed back onto the customer's property if not removed by the landscaper.
(2) 
All street gutters shall be kept free of any debris.
(3) 
Storm drains shall be covered while working in the immediate vicinity. No person shall allow the piling of leaves so as to block accessibility to stormwater drains. Leaves shall be piled at least one foot from the curbline so as to allow stormwater to channel freely along the curbline and flow, unimpeded, into the storm drain. In compliance with New Jersey State Stormwater Management regulations, noncontainerized yard waste cannot be placed any closer than 10 feet from a storm drain inlet.
C. 
The removal of debris resulting from landscaping services shall be the responsibility of the landscaper, and no such debris as defined in Subsection 4-19.3 shall be placed at the curbside for collection, swept or deposited into any public street, or left on a given property or neighbor's property such that same may be caused to be blown into a public street. The singular exception is the placement of only leaves (no sticks or branches) in the right-of-way between October 15 and December 1. All debris shall be disposed of by the landscaper in accordance with New Jersey Department of Environmental regulations and all other applicable local ordinances and regulations.
D. 
Parking of vehicles and trailers shall be restricted to one side of the street only.

§ 151-12 Maintenance of watercourses and drainage ditches.

A. 
Prohibited acts. It shall be unlawful for any owner, tenant or any occupant of any tract of land within the Borough (including landscapers), across which there exists any drainage ditch, ravine, culvert or other water source, to permit or suffer the accumulation of loose brush, fallen leaves, tree branches, dead trees, stumps, garbage, trash and/or debris to the extent that such accumulation presents a risk of washing downstream during periods of heavy drainage, thereby causing a blockage of the watercourse and/or flooding or damaging of adjacent downstream properties.
B. 
Notice to remove; service of notice. It shall be the duty of each owner, tenant, occupant or landscaper of any tract of land within the Borough to remove or cause to be removed all such loose brush, fallen leaves, tree branches, dead trees, stumps, garbage, trash and/or debris within 10 days after receiving written notice to do so from the Superintendent of Public Works, which notice may be effected by personal service or by regular and certified mail, return receipt requested.
C. 
Violations and penalties. Any owner, tenant, occupant or landscaper who shall neglect, fail or refuse to remove such loose brush, fallen leaves, tree branches, dead trees, stumps, garbage, trash and/or debris that presents a danger of washing downstream and blocking the flow of water, as directed by this article, or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided for, or shall violate any of the provisions of this article, upon conviction thereof before the Judge of the Municipal Court, shall be liable for the penalties stated in § 151-19 hereof, and each day on which such violation continues shall constitute a separate offense.

§ 151-13 Hours of operation.

A. 
Landscapers shall be permitted to furnish gardening, landscaping, lawn maintenance, tree or shrubbery care or similar services within the Borough only during the following hours:
(1) 
Monday through Friday from 8:00 a.m. to 7:00 p.m. prevailing time.
(2) 
Saturdays from 9:00 a.m. to 5:00 p.m. prevailing time.
B. 
Landscapers shall not be permitted to furnish gardening, landscaping, lawn maintenance, tree or shrubbery care or similar services within the Borough on Sundays or specified holidays.

§ 151-14 Administration and enforcement.

The provisions of this article shall be enforced by the Superintendent of the Department of Public Works, the Code Enforcement Officer, or any member of the Police Department of the Borough.

§ 151-15 Violations and penalties.

Any person who violates any provision of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-15. In the absence of aggravating circumstances justifying imposition of a maximum fine, the presumptive fines shall be as follows:
A. 
For a first offense, a fine of $300;
B. 
For a second offense, a fine from $301 to $500;
C. 
For a third offense, a fine from $501 to $1,000; and
D. 
For a fourth or subsequent offense, a fine of $1,250 and a recommendation to Mayor and Council for license revocation. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

§ 151-16 Insurance requirements.

A. 
Automobile liability insurance. All landscapers shall maintain an uninterrupted policy of automobile liability insurance with such minimum policy limits as may be required by New Jersey statutes and applicable regulations, but in no event with coverage of less than:
(1) 
One hundred thousand dollars per occurrence and $300,000 in the aggregate for bodily injury liability;
(2) 
Fifty thousand dollars per occurrence for property damage liability.
B. 
Comprehensive general (non-auto) liability insurance. All landscapers shall maintain a policy of comprehensive general liability insurance with minimum policy limits as may be required by New Jersey statutes and applicable regulations, but in no event less than:
(1) 
One hundred thousand dollars per occurrence and $300,000 in the aggregate for bodily injury liability; and
(2) 
Fifty thousand dollars per occurrence for property damage liability.
C. 
Workers' compensation insurance. All landscapers shall, where required by New Jersey Statutes, obtain and carry workers' compensation insurance.