[1]
Editor's Note: Res. No. 137-2020, adopted 6-24-2020, declared
this ordinance an emergency enactment and provided for it to be effective
immediately.
In addition to the provisions of this chapter, the following
sections of the International Property Maintenance Code, 2009 (IPMC),
as may be amended from time to time, are hereby adopted by the Borough
of Avalon in order to more effectively ensure the proper maintenance
of property and buildings. Three copies of the International Property
Maintenance Code, 2009, shall be kept on file in the Borough Clerk's
office.
a.
IPMC Chapter 2, Definitions, is hereby adopted in full and incorporated by reference, and all definitions contained in said chapter of the IPMC that are applicable to the sections of the IPMC adopted by the Borough shall control the meaning of such terms used.
b.
IPMC Chapter 3, General Requirements.
1.
Section 301—General—Sections 301.1 through 301.3 are
adopted.
2.
Section 302—Exterior Property Areas—Section 30-2.1 through Section 302.5 adopted. The vegetation height in Section 302.4 shall be "9 inches." Section 302.6 is not adopted. Section 302.7 through Section 302.9 adopted.
3.
Section 303—Swimming Pools, Spas and Hot Tubs—Section
303.1 through Section 303.2 adopted.
4.
Section 304—Exterior Structure—Section 304.1 through
Section 3-4.1.1 adopted.
5.
Section 305—Interior Structure—Section 305.1 through
305.1.1 adopted.
6.
Section 306—Component Serviceability—Section 305.1 through
Section 306.1.1 adopted.
7.
Section 307—Handrails and Guardrails—Section 307.1 adopted.
8.
Section 309—Pest Elimination—Section 309.1 through 309.5
adopted.
a.
The provisions of § 16-1 (International Property Maintenance Code) shall be enforced by the Division of Code Enforcement in the Department of Administration of the Borough.
b.
Whenever such Division shall determine that a violation exists as to any matter set forth in § 16-1.1 hereof, the Code Enforcement Officer shall prepare and serve a written complaint and notice to repair upon the property owner and any other party in interest, specifying the nature of the alleged violation. Such notice shall be served in person or by certified mail.
c.
The complaint
shall specify:
1.
The date
certain by which the violation(s) shall be corrected or abated.
2.
That
the owner or other party in interest may request a hearing before
the Code Enforcement Officer, provided that such request for hearing
shall be received by the Code Enforcement Officer within 10 business
days of the service of the complaint. Such request shall be in writing
and served on the Code Enforcement Officer at the address specified
in the complaint. A copy shall also be filed with the Borough Clerk.
3.
If a
hearing is requested, such hearing shall be held before the Code Enforcement
Officer not sooner than 10 business days nor later than 20 business
days following written request for the hearing. At the conclusion
of such hearing, one of the following actions shall occur:
(a)
The complaint may be withdrawn or amended.
(b)
A time for the necessary repairs to abate the violation(s) may be
agreed upon and reduced to a written order of the Code Enforcement
Officer, If the property owner should fail or neglect to abide by
such order within the time specified, then the Code Enforcement Officer
shall proceed as hereinafter provided.
4.
In the
absence of a request for a hearing before the Code Enforcement Officer,
the property owner shall complete all repairs necessary to abate the
violation by the date specified in the complaint. Should the property
owner fail, neglect, or refuse to make the repairs required to abate
the violation, then the Code Enforcement Officer, in consultation
with the Business Administrator and Chief Financial Officer, shall
proceed to abate the violation either through the use of Borough employees
or by contracting with third-party contractors in accordance with
the requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq.
d.
The costs to be recovered are those set forth in § 16-2.8 hereof, namely:
1.
The cost
of the filing of legal papers, expert witnesses' fees, search fees
and advertising charges, incurred in the course of any proceeding
taken under this chapter; and
2.
The cost
of such repairs, alterations or improvements, or vacating and closing,
or removal or demolition, if any, shall be a municipal lien against
the real property upon which such cost was incurred.
e.
The cost
of such repair(s) to abate the violation shall then be certified to
the Borough Council by the Code Enforcement Officer, or other Borough
official or officer; and upon the adoption of a resolution by Borough
Council approving the costs, the same shall then be certified to the
Borough Tax Collector, and a copy thereof shall be forthwith forwarded
to the owner by certified mail. The Tax Collector shall then collect
those costs in the same manner and fashion as ad valorem real estate
taxes. Any owner or party in interest may, within 30 days from the
date of the filing of the lien certificate, proceed in a summary manner
in the Superior Court to contest the reasonableness of the amount
or the accuracy of the costs set forth in the municipal lien certificate.
f.
Nothing contained herein shall be construed as precluding or preventing the Code Enforcement Officer from filing a complaint in the Municipal Court, in the exercise of his/her discretion, for a violation of the International Property Maintenance Code described in § 16-1.1 after serving a complaint and notice to repair and abate and following the neglect, failure or refusal to do so by the owner. Upon conviction, the property owner shall be subject to such penalty or penalties as prescribed in § 16-5.11 hereof. Each 24 hours, or part thereof, that such violation exists shall constitute a separate and distinct offense and shall be punishable accordingly. The penalty shall commence on the date fixed for repair and abatement and shall continue daily thereafter for each 24 hours or part thereof until adjudication by the Municipal Court or other court of competent jurisdiction.
The IPMC contains provisions which clearly indicate that the
IPMC does not amend or supersede any provision of the Zoning Ordinance
or the Municipal Land Use Law. To the extent that any provision of
such ordinance or law should conflict with the IPMC sections adopted
hereby, the Zoning Ordinance and/or Municipal Land Use Law shall control.
To the extent that the IPMC sections adopted conflict with other local
ordinances, the IPMC sections adopted hereby shall control and supersede
those conflicting ordinances, if any.
[2000 Code § 16:7]
It is hereby found and determined that there exists in the Borough
of Avalon a building or buildings which are unfit for human habitation
or occupancy or use due to dilapidation, defects increasing the hazards
of fire, accidents or other calamities, lack of ventilation, light
or sanitary facilities or due to other conditions rendering such building
or buildings or part thereof, unsafe or insanitary or dangerous or
detrimental to the health or safety or otherwise inimical to the welfare
of the residents of the Borough of Avalon and that a public necessity
exists for the repair, closing or demolition of such building or buildings
or part thereof.
[2000 Code § 16:7-1]
Pursuant to N.J.S.A. 40:48-2.3 et seq., the Construction Official
of the Borough of Avalon is hereby designated and appointed as the
Public Officer to exercise the powers prescribed by this section;
provided, however, that the Borough Council may, by resolution, designate
or appoint additional persons, boards or bodies as the Public Officer
to exercise the powers prescribed by this chapter.
[2000 Code § 16:7-2]
Whenever the Public Officer of the Borough of Avalon designated
herein finds that there exists in the Borough of Avalon any building
or buildings which are unfit for human habitation or occupancy or
use due to dilapidation, defects increasing the hazards of fire, accidents
or other calamities, lack of ventilation, light or sanitation facilities
or due to other conditions rendering such building or buildings or
part thereof unsafe or unsanitary or dangerous or detrimental to the
health or safety or otherwise inimical to the welfare of the residents
of the Borough of Avalon, then said Public Officer shall exercise
the power vested under this section and under its police powers to
repair, close or demolish or cause the repairing, closing or demolition
of such building, or buildings or part thereof, in the manner provided.
[2000 Code § 16:7-3; N.J.S.A. 40:48-2.5]
Whenever a petition is filed with said Public Officer by the
Cape May County Health Officer, Police Chief, Fire Chief or any other
officer in charge of any department of the Borough of Avalon relating
to health, fire, building regulations or activities concerning buildings
in the Borough of Avalon or by at least five (5) residents of the
Borough of Avalon charging that any building within the Borough of
Avalon is unfit for human habitation or occupancy or use, or whenever
it appears to the Public Officer that any building is unfit for human
habitation or occupancy or use, the Public Officer shall, if his preliminary
investigation disclosures a basis for such charges, issue and cause
to be served upon the owner of and parties in interest in such building
a complaint, stating the charges in that respect and containing a
notice that a hearing will be held before the Public Officer or his
designated agent at a place therein fixed not less than seven (7)
days nor more than thirty (30) days after the serving of said complaint;
that the owner and parties in interest shall be given the right to
file an answer to the complaint and to appear in person or otherwise
and give testimony at the place and time fixed in the complaint; and
that the rules of evidence prevailing in the courts shall not be controlling
in hearings before the Public Officer.
[2000 Code § 16:7-4]
If, after notice and hearing, said Public Officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order requiring
the repair, alteration or improvement of said building to be made
by the owner, within a reasonable time, which time shall be set forth
in the order, or, at the option of the owner, to vacate or have said
building vacated and closed within the time set forth in the order;
and if the building is in such a condition as to make it dangerous
to the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve said building within the time
specified in the order, then the owner shall be required to remove
or demolish said building within the reasonable time specified in
the order of removal.
[2000 Code § 16:7-5]
If the owner shall fail to comply with the order to repair,
alter or improve or, at the option of the owner, to vacate and close
the building, the Public Officer may cause such building to be repaired,
altered or improved or to be vacated and closed; and the Public Officer
may cause to be posted on the main entrance of any building so closed,
a placard with the following words:
"This building is unfit for human habitation or occupancy or
use; the use or occupation of this building is prohibited and unlawful."
[2000 Code § 16:7-6]
If the owner fails to comply with an order to remove or demolish
the building, the Public Officer may cause such building to be removed
or demolished, or he may contract for the removal or demolition thereof
after advertisement for and receipt of bids therefor.
[2000 Code § 16:7-7; N.J.S.A. 40:48-2.5]
That the amount of:
a.
the cost of the filing of legal papers, expert witnesses' fees,
search fees and advertising charges, incurred in the course of any
proceeding taken under this act determined in favor of the Borough,
and
b.
such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Public Officer, he shall
sell the materials of such building. There shall be credited against
the cost of the removal or demolition thereof, including the clearance
and, if necessary, leveling of the site, the proceeds of any sale
of such materials or any sum derived from any contract for the removal
or demolition of the building. If there are no such credits or if
the sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the Municipal Tax Assessor or other custodian of the records
of tax liens and a copy thereof shall be forthwith forwarded to the
owner by registered mail. If the total of the credits exceed such
costs, the balance remaining shall be deposited in the Superior Court
by the Public Officer, shall be secured in such manner as may be directed
by such court, and shall be disbursed according to the order or judgment
of the court to the persons found to be entitled thereto by final
order or judgment of such court. Any owner or party in interest may,
within thirty (30) days from the date of the filing of the lien certificate,
proceed in a summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
[2000 Code § 16:7-8]
The Public Officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of the Borough of Avalon; such conditions
may include the following: defects therein increasing the hazards
of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair; structural
defects; uncleanliness; failure to have included in said building
running water or inside toilet facilities; failure to have serving
said building a sewage disposal system which meets the minimum standards
of any applicable ordinances or statute.
[2000 Code § 16:7-9]
A complaint or order issued by the Public Officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and cannot be ascertained by the Public Officer in the exercise of
reasonable diligence and the Public Officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons shall be made by publishing the same once each week for two
(2) successive weeks in the official newspaper of the Borough of Avalon.
A copy of such complaint or order shall be posted in a conspicuous
place on premises affected by the complaint or order. A copy of such
complaint or order shall be duly recorded or lodged for record in
the office of the Cape May County Clerk.
[2000 Code § 16:7-10]
The Public Officer or other official designated under this section
may exercise such powers and provisions of this section, including
but not limited to the following powers, in addition to the others
herein granted.
a.
To investigate the building conditions in the Borough of Avalon in
order to determine which buildings therein are unfit for human habitation
or occupancy or use.
b.
To administer oaths and affirmations, examine witnesses and receive
evidence.
c.
To enter upon the premises for the purpose of making examinations
in accordance with applicable ordinances and statutes; provided, however,
that entries shall be made in such manner as to cause the least possible
inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section.
[2000 Code § 16:7-11]
The Public Officer shall not contract for nor proceed with the
repair, alteration, improvement, removal or demolition of any building
or buildings, unless and until the Borough Council, by appropriate
resolution, directs that such action be taken.
[2000 Code § 18:8-8.1]
a.
It is hereby determined and declared that the existence of obnoxious
growths and other matter hereafter described, upon lands in the Borough
and lands which are not filled to proper legal grades and which permit
the accumulation of stagnant waters, refuse and other obnoxious materials,
or any one (1) or more of said conditions, may provide a means for
the breeding of mosquitoes, flies and insects and may tend to permit
the existence of dirt and vermin which would be contrary to the public
health, safety and general welfare and could become a fire hazard
and a nuisance which should be abated and abolished in the public
interest.
b.
It is hereby declared that this section is necessary in the interest
of the public and especially the health of the public.
[2000 Code § 18:8-8.2]
a.
Whenever an Enforcement Official, as defined in this section, shall
determine that there exists upon any land lying within the limits
of the Borough, such brush, weeds, dead and dying trees, stumps, roots,
ragweed, poison ivy, poison sumac, obnoxious growths, filth, garbage,
trash and debris, removal of which may be necessary and expedient
for the protection of the public health, safety, general welfare or
to eliminate a fire hazard or any other nuisance, he/she shall give
notice in writing to the owner or owners, tenants, or tenant of such
lands to remove such brush, weeds, dead and dying trees, stumps, roots,
ragweed, poison ivy, poison sumac, obnoxious growths, filth, garbage,
trash and debris, within ten (10) days after the notice is received
or posted as provided in paragraph b. below.
b.
The notice shall be given personally or by registered or certified
mail, return receipt requested, directed in the case of an owner to
the address of the owner as the same appears upon the last tax duplicate
of the Borough and in the case of a tenant to the street address of
the premises in question or to the last known address in case the
lands are unimproved. In the event that personal service cannot be
made because the owner or agent is not a resident of the Borough or
in the event that service by certified mail is unaccepted, then the
Enforcement Official shall post said notice in a conspicuous place
on the premises.
[2000 Code § 18:8-8.3]
a.
It shall be unlawful for any owner or owners, tenant or tenants,
occupant or occupants of any lot or tract of land or any part thereof
in the Borough, to permit, or maintain on any such lot or tract of
land, any brush, weeds, dead, or dying trees, stumps, roots, ragweed,
poison ivy, poison sumac, obnoxious growths, filth, garbage, trash
or debris, removal of which may be necessary and expedient for the
protection of the public health, safety, or general welfare or to
eliminate a fire hazard, or which constitutes a nuisance.
b.
It shall be the duty of the owner or owners, tenants or tenant, occupant
or occupants of the lot or tract of land or any part thereof in the
Borough, to cut and remove or cause to be cut and removed or otherwise
destroyed, all such brush, weeds, dead or dying trees, stumps, roots,
ragweed, poison ivy, poison sumac, obnoxious growths, filth, garbage,
trash or debris. After removal, the lot or tract of land or any part
thereof shall be leveled to grade to prevent puddles or water holes,
within ten (10) days after receiving notice to do so.
c.
If the owner or owners, tenant or tenants, or occupant or occupants,
upon being notified as provided by this section, shall not comply
with the notice within the time specified therein and fails to remove
or abate such nuisances, the Borough shall proceed to abate the nuisances
and hazard or may cause it to be removed or abated and assess the
costs thereof against the lands, and the costs shall become a lien
collectible in the same manner as delinquent taxes.
[2000 Code § 18:8-8.4]
The owner or tenant of lands lying within the limits of such
municipality to keep all brush, hedges and other plant life, growing
within ten (10) feet of any roadway and within twenty-five (25) feet
of the intersection of the two (2) roadways, cut to a height of not
more than two and one-half (2 1/2) feet where it shall be necessary
and expedient for the preservation of the public safety, within ten
(10) days after notice to cut the same. In the event the tenant or
owner shall fail or refuse to cut same as provided herein, the Enforcement
Officer may provide for the cutting of same.
[2000 Code § 18:8-8.4]
In addition to any other penalties provided herein, if the Enforcement
Officer provides for the cutting of brush, hedges and other plant
life as a result of the owner or tenant's failure or refusal
to do so, the Enforcement Officer shall certify the cost thereof to
the Borough Council, which shall examine the certificate and if found
correct shall cause the cost as shown thereon to be charged against
said lands, or in the event that such cost is excessive to cause the
reasonable cost thereof to be charged against said lands. The amount
so charged shall forthwith become a lien upon such lands and shall
be added to and become and form part of the taxes next to be assessed
and levied upon such lands, the same to bear interest at the same
rate as other taxes and shall be collected and enforced by the same
officers and in the same manner as taxes.
[2000 Code § 18:8-8.5]
It is hereby declared to be the duty of the owner or owners
of any and all lots in this municipality to fill and cause each and
every lot to be maintained properly filled to grade at all times.
This requirement shall apply to vacant lands, areas of lands not plotted
into lots and lots upon which improvements are erected.
[2000 Code § 18:8-8.6]
Whenever any of said lands below grade contain stagnant waters,
obnoxious growth, filth, garbage, trash and debris, or any one (1)
or more of the aforesaid, the Enforcement Official is empowered to
declare the same a public nuisance and is empowered to give notice
in the manner hereinbefore described to remove the same within ten
(10) days after notice has been given and, in the case of unimproved
lots, to fill the lands with clean fill or gravel or soil equivalent
thereto in order to establish a uniform plain surface, the grade of
which shall be two (2) inches above the adjacent curb height at the
front property line, and shall be eight (8) inches above the curb
height at the rear property line; and any and all such fill shall
be top graded with materials sufficiently compacted to prevent erosion
by wind. Notwithstanding the above, in the case of isolated depressions
on improved lots, the depression shall be filled to make the ground
level but a regrading of the lot shall not be required.
[2000 Code § 18:8-8.7]
Upon the failure of any owner, tenant or occupant to correct
any condition described in this section within the time specified
by any such notice, any and all of said persons are herby deemed to
have violated the provisions of this section based upon the state
of facts as may be found to exist with respect to the notice.
[2000 Code §§ 18:8-8.8, 18:8-8.12]
a.
The Borough Code Enforcement Official shall have primary responsibility
for enforcing the provisions of this section. In addition, the individuals
designated below shall also have the authority to enforce the provisions
of this chapter.
b.
Enforcement Official shall mean and include any of the following:
[2000 Code §§ 18:8-8.10]
Whenever any notice is required to be given, the person giving
such notice shall file proof thereof by affidavit and shall file the
same in the Office of the Borough Clerk; but a failure to file any
such proof shall not invalidate the proceedings if service in fact
has been made as provided for by law.
[2000 Code §§ 18:8-8.11; New]
[2000 Code §§ 16:6-11; Ord.
No. 610-2009]
As used in this section:
shall mean a secured, locked device that is located on the
exterior of the premises at or near the mean entrance which can be
accessed only by the Avalon Police Department in the event that an
alarm is activated and it is or becomes necessary to gain access to
the premises to investigate the reason for the activation of the alarm.
The security box shall contain keys to provide access to the premises.
The security box shall be of the type that is commonly known as a
"Knox-Box®" or the substantial equivalent
thereof. The type of security box and its precise location shall be
subject to approval by the Chief of Police and the Construction Code
Official.
[Ord. No. 610-2009]
a.
All buildings which contain one or more businesses, mercantile, industrial
or other commercial use, and all residential buildings containing
three (3) or more residential units and having one or more interior
common area which locks to prevent public entry shall comply with
this section.
b.
Exceptions. Banks and savings and loans, buildings and uses that
have on-site 24-hour security staffing.
[Ord. No. 610-2009]
Every building which has one or more use(s) as listed in subsection 16-4.2 above shall be equipped with a security box as defined in this section.
[Ord. No. 610-2009]
The provisions of subsection 16-4.3 shall not apply to any commercial bank, savings bank, savings and loans or other banking institution licensed or regulated by the United States of America or any of its agencies or by the New Jersey Department of Banking and Insurance.
[Ord. No. 610-2009]
All owners and/or occupants of any of the buildings or uses
included in this section shall ensure that the keys or lock access
codes within the security box are correct to allow entry through any
and all locked doors on the premises. Any changes in key or lock access
shall be placed into the security box within five (5) business days
of such change.
[Ord. No. 610-2009]
It shall be permissible for buildings within multiple businesses
or uses under this section to share a common security box, as long
as the following conditions are met:
a.
The location of the common security box is centrally located and
approved by the Construction Official and the Chief of Police.
b.
The keys or lock access codes are clearly marked and separated in
a logical manner.
c.
All owners and occupants sharing the security box are permitted to
order replacement keys or lock access security codes be installed
in the box at any time.
[Ord. No. 610-2009]
Any building or use(s) required to be in compliance with this section that is first occupied on or after the effective date of this section shall have the security box installed and all keys and/or lock access codes installed at the time of first occupancy. Any business, industrial, mercantile or other commercial unit that changes occupancy and locks or lock access codes shall ensure that all new keys are installed in the security box before opening for business. Any existing building or use(s) required to be in compliance with this section shall have one hundred twenty (120) days from the effective date of this section to install the security box and satisfy the other requirements of this section. (Section 16-4, Security Boxes in Commercial, Business and Multiple Family Buildings, was adopted by Ordinance No. 610-2009 on March 11, 2009.)
[Ord. No. 745-2016 § 1]
It is the stated public policy of the Borough to encourage the
planting of trees, shrubs, lawns and other vegetation by all property
owners and that all existing trees should be preserved and maintained
to the greatest extent feasible and such policy is based on the factual
findings hereinafter set forth.
[Ord. No. 745-2016 § 1]
a.
The following actions and activities are prohibited on public property:
1.
The removal, pruning or topping of any tree, shrub or plant from
public property is prohibited unless done in conjunction with the
application and participation in an approved project under the Dune
Vegetation Management Plan, or otherwise with the Borough's consent.
The Borough's consent shall be obtained by written application
to the Business Administrator who shall consult with Department /
Division Heads, Borough professionals and others to determine if approval
should be granted or denied. Any approval shall be subject to such
terms, conditions and provisions specified by the Business Administrator.
b.
The following actions and activities are prohibited on private property:
1.
The Topping of any tree is prohibited, except to the extent necessary to comply with the maximum height limitations imposed under the Living Fence subsection of Chapter 27 of this Code.
2.
The destruction or marring of a tree, shrub or plant to circumvent
the provisions of this chapter is prohibited.
3.
The planting of any plant or vegetation on the Avalon List of Invasive
and Nuisance Plants as recommended and approved by the Avalon Environmental
Commission and periodically updated is prohibited.
[Ord. No. 745-2016 § 1]
The Borough Council finds and determines that the survival of
most types of plant and tree life is difficult on a barrier island
such as where Avalon is located. Plant and tree life has to contend
with nutrient poor, sandy soils, frequent northeast storms, strong
west winds, and salt-laden air. These conditions make it difficult
for most vegetation to develop and mature. Vegetation of all types,
especially trees and shrubs, enhance absorption of run-off back into
the soil, reduce air pollution, and aid transpiration. Trees and shrubs
reduce the perception of noise and act as a windbreak. Accordingly,
conservation of these natural resources is in the public interest,
and contributes to and promotes the public health, safety and welfare.
For these reasons, it is in the public interest to promote a
public policy that has as its goal the preservation, maintenance and
protection of those trees that have survived the harsh environment
and developed into mature status. In an ongoing attempt to protect
and promote the Borough's environment and ecological status and
at the same time to protect and respect the rights and privileges
of private property owners, the Borough encourages all private property
owners to exercise great care and prudence in choosing whether to
remove from their property trees and vegetation which can be preserved.
Such owners, together with their contractors and agents, are encouraged
to consider the greater good that is served by the presence of such
trees and vegetation, particularly those that have grown and matured,
and to use care and good judgment in deciding whether to remove such
trees and vegetation.
Whenever, the preservation of trees and other vegetation is
not feasible, such property owners are encouraged to replace any tree
that has been removed. In doing so, property owners and their contractors
and agents will act to fulfill a civic and social responsibility to
the community as a whole to act in a way that will enhance and promote
the public health, safety and welfare by providing to the Borough
and its residents the numerous benefits that come from trees, shrubs
and other vegetation and plantings.
[Ord. No. 745-2016 § 1]
a.
Every owner of property within the Borough that contains any residential
or commercial development, except as provided in paragraph b. below,
is hereby requested and strongly encouraged to:
1.
Devote a minimum of fifteen (15%) percent of the open space to the
planting of "Green Space". Green space shall include not less than
one (1) tree plus grass or lawn, shrubs and vegetative ground cover
or any combination thereof provided, however, that any and all plantings
should be from Avalon Acceptable Plant List. Green space shall not
be construed to include decorative stone, pervious stone, mulch beds
and pervious pavement.
b.
Exception. The provisions of this section shall not apply in any
of the following circumstances:
2.
Where the subject property is subject to the permitting and approval
procedures of the Uniform Construction Code enforced by the Construction
Official.
In these events, the property owner(s) shall comply in all respects
with the terms and conditions of such approval and such terms and
conditions shall take precedence over the requirements of this section.
[Ord. No. 745-2016 § 1]
It shall be unlawful to clear or clean cut any lot or parcel
of ground in the Borough except in the following circumstances:
c.
The proposed clearing is necessary in order to comply with the provisions
and requirements of the International Property Maintenance Code as
adopted by this chapter.
d.
In all other situations, the owner or developer or property and their agents, employees, contractors and subcontractors shall first be required to obtain a permit from the Zoning Official in order to clear or clean cut a vacant lot. Such permit shall be issued, without fee, and the application for such permit shall be on forms provided by the Borough. Such permit application and all documents required for the issuance of such permit shall be in accordance with the requirements of Chapter 27.
Cross Reference: See subsection 27-7.3 (Supplemental Regulations) paragraph t8.
[Ord. No. 745-2016 § 1]
Any property owner is permitted to plant vegetation to constitute a "Living Fence" as that term is defined in Chapter 27 of this Code (Zoning). Such living fence, if planted, shall be maintained in accordance with the standards, terms and conditions of Chapter 27 (Zoning) which provisions are expressly incorporated herein by reference and made a part hereof.
Cross Reference: See subsection 27-7.3 (Supplemental Regulations) paragraph t, 6.
[Ord. No. 745-2016 § 1]
Any property owner is permitted to install an irrigation system to water and maintain green space provided, however, that any system installed or retrofitted shall comply with the requirements of Chapter 27 of this Code pertaining to irrigation, including the provisions on Watering Restrictions contained in Section 14-1 of this Code.
Cross Reference: Chapter 14 Water and Sewage deals with Water Use Restrictions (subsection 14-15.2), Water Irrigation Restrictions (subsection 14-15.3) and Enforcement (subsection 14-15.5) and shall be applicable to all existing, new or retrofitted irrigation systems.
See also: subsection 27-7.3 (Supplemental Regulations) paragraph t9.
[Ord. No. 745-2016 § 1]
Nothing contained in this section chapter shall be construed as preventing, or intending to prevent, or discouraging the routine maintenance, including pruning and planting of materials on private property. Such routine maintenance shall be construed to include pruning of trees and vegetation as that term is defined in Chapter 27 (Zoning) of this Code, and shall include the trimming of shrubs, trees and other vegetation. While it is the public policy of the Borough to encourage all property owners to preserve, maintain, and protect all existing trees on the lot, this section shall not be construed as intending to prevent the removal of any tree that is diseased, damaged or which poses a threat to person or property.
[Ord. No. 745-2016 § 1]
The following actions by any property owner or any person or
entity acting on behalf of any property owner are prohibited:
a.
The planting of any species of tree or plant that appears on the
Borough's List of Invasive and Nuisance Species as recommended
by the Avalon Environmental Commission and approved by the Planning/Zoning
Board pursuant to authority conferred by Borough Ordinance.
b.
The installation of any new irrigation system or the retrofitting of an existing irrigation system that does not comply with the requirements of Chapter 27 of this Code pertaining to irrigation.
d.
Tree Topping which is defined in Chapter 27 (Zoning) as the removal of most of the upper branches and trunk of a tree to effectuate restricted growth or the termination of the plant also known as "pollarding" or "hat-racking" is prohibited except to the extent that such action is necessary to comply with the requirements of Chapter 27 in the regulation of the height of "Living Fences".
[Ord. No. 745-2016 § 1]
Any owner(s) of any commercial or residential property, including one and two-family dwellings, who has received a construction permit based, in part, on a Landscape Plan which has been approved by the Planning/Zoning Board or the Zoning Official, shall be obligated to comply with the requirements of such plan and shall be required to maintain a minimum of fifteen (15%) percent of the open area as green space as that term is defined in Chapter 27. Any such property owner who eliminates or reduces the amount of green space below the fifteen (15%) percent requirement, without having first sought and received a variance from the Planning/Zoning Board shall be in violation of this section.
Cross Reference: subsection 27-7.3 (Supplemental Regulations) paragraph t.
[Ord. No. 745-2016 § 1]
Any person convicted of a violation of this section shall be punished in accordance with the penalties established in Chapter 1 of this Code.
