[1966 Code § 18-1; Ord. No. 1991-1 § 16; Ord. No. 1991-3 § 1; Ord. No. 2004-19]
An Environmental Commission is hereby established, consisting
of seven members and two alternate members who shall be residents
of the Borough of Belmar.
[1966 Code § 18-1.1; Ord. No. 1991-1 § 16; Ord. No. 2004-1]
a.
Appointment. The members and alternate members of the Environmental
Commission shall be appointed by the Mayor, who shall designate one
91) member, each year, to be Chairperson and presiding officer of
the Commission for that year. Alternate members shall be designated
at the time of appointment as "Alternate No. 1" and "Alternate No.
2." One of the regular members shall also be a member of the Planning
Board.
b.
Terms. The terms of office of the members first appointed to the
Commission shall be for one, two, or three years, as designated by
the mayor, such that the terms of approximately 1/3 of the members
will expire each year. Thereafter, members shall be appointed for
a term of office of three years, and until the appointment and qualifications
of their successors.
The terms of the alternate members shall be for two years, except
that the terms of the alternate members first appointed shall be two
years for Alternate No. 1 and one year for Alternate No. 2 so that
the term of not more than one alternate member shall expire in any
one year. An alternate member may participate in discussions of the
proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote first.
All vacancies occurring other than by expiration of a term shall
be filled by appointment of the Mayor, but only for the unexpired
term.
c.
Removal. Either the Mayor or the Borough Council may remove any member
of the environmental Commission for cause, on written charges served
upon the member and after a hearing on the charges at which the member
shall be entitled to be heard in person or by counsel.
[1966 Code § 18-1.2; Ord. No. 1991-1 § 16]
All members of the Environmental Commission shall serve without
compensation. The Mayor and Borough Council may appropriate funds
for the expenses of the Environmental Commission, which may appoint
such clerks and other employees as it may require, but only within
the limits of funds appropriated to it.
[1966 Code § 18-1.3; Ord. No. 1991-1 § 16]
The Environmental Commission is established for purposes of
the protection, development, and use of natural resources, including
water resources, located within the Borough. The Environmental Commission
shall:
a.
Keep records of its meetings and activities, and submit an annual
report to the Mayor and Borough Council summarizing its activities
and making such recommendations as it deems advisable; and
b.
Prepare and keep an index of all open land areas in the Borough,
whether publicly or privately owned, and including all open marshlands,
swamps and other wetlands, and shall submit copies of the index and
all revisions thereto to the Mayor and Borough Council, the Planning
Board, and the Zoning Board of Adjustment.
[1966 Code § 18-1.4; Ord. No. 1991-1 § 16]
The Environmental Commission is authorized to and may do any
of the following:
a.
Conduct research into the actual and potential use of open land areas
in the Borough; and
b.
Study and make recommendations to the Planning Board and the Mayor
and Borough Council concerning open space preservation, water resources
management, air pollution control, noise control, solid waste management,
environmental appearance, protection of flora and fauna, and marine
resources; and
c.
Make recommendations to the Planning Board with respect to plans
and programs for inclusion in the Borough's Master Plan and with respect
to the development and use of open land areas; and
d.
Advertise, prepare, print, and distribute maps, books, charts, plans,
and pamphlets which it deems necessary for its purposes; and
e.
Subject to prior approval of the Borough Council, acquire property,
both real and personal, in the name of the Borough, by gift, purchase,
grant, bequest, device, or lease for any of its purposes, and to administer
and manage the property so acquired as may be necessary to maintain,
improve, protect, limit the future use of, or otherwise conserve and
properly utilize open spaces and other land and water areas in the
Borough.
[Ord. No. 1991-19 § 1;
amended 8-6-2019 by Ord. No. 2019-29]
Pursuant to N.J.S.A. 40:64-1, there is hereby established the
Shade Tree Commission of the Borough of Belmar, which shall consist
of not less than five members nor more than seven members, and may
include not more than two alternate members, appointed by the Mayor,
who shall be residents of the Borough and serve without compensation,
except as provided for hereinafter. The first Commissioners, appointed
within 60 days after the effective date of this section, shall serve
from the date of their appointment and be for the respective periods
of one through five years, beginning on January 1 next succeeding
such appointment. The term of each appointee shall be designated in
his or her appointment. All subsequent appointments, except to fill
vacancies, shall be for the full term of five years, to take effect
on January 1. Any vacancy caused by death, resignation or removal
of any Commissioner shall be filled by the Mayor for the unexpired
term.
[Ord. No. 1991-19 § 1]
The Shade Tree Commission shall organize within 30 days after
the appointment of its total membership for the remainder of the then
calendar year, and thereafter annually. At each organization meeting
the Commission shall elect one of its members as Chairman, and appoint
a Secretary, who need not be a member of the Commission and who may
be compensated at such salary, if any, that may be established by
the Borough Council. All salaries, if any, shall be fixed as nearly
as practicable in accordance with the salary schedule of the Borough
for corresponding positions. The annual appropriation of the Shade
Tree Commission shall be established pursuant to N.J.S.A. 40:64-11.
[Ord. No. 1991-19 § 1;
amended 4-30-2024 by Ord. No. 2024-05]
a.
1.
Exercise
full and exclusive control over the regulation, planting and care
of shade and ornamental trees and shrubbery now located, or which
may hereafter be planted, in any public highway, park or parkway,
except such as are excluded pursuant to N.J.S.A. 40:64-10 in the Borough,
including the planting, trimming, spraying, care and protection thereof;
2.
Administer
to the removal and replacement of all trees as required under the
Municipal Stormwater MS4 permitting process.
b.
Regulate and control the use of the ground surrounding all shade
and ornamental trees referenced in paragraph 1 above so far as may
be necessary for their proper growth, care and protection;
c.
Move or require the removal of any tree, or part thereof, dangerous
to public safety;
d.
Care for and control such parks and parkways; encourage arboriculture;
make, alter, amend and repeal, in the manner prescribed for the passage,
alteration, amendment and repeal of ordinances of the Borough Council,
any and all ordinances necessary or proper for carrying out the provisions
hereof:
e.
Administer treatment to or remove any tree, situated upon private
property, if the tree is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the Borough
and enter upon private property for that purpose, with the consent
of the owner thereof, provided the suspected condition is first confirmed
by certificate issued by or on behalf of the Department of Agriculture.
f.
Study the problems and determine the needs of the Borough in connection
with its shade tree program. Assist the properly constituted officials
of the Borough, including the Mayor, Borough Council, and citizens
of the Borough, in the dissemination of news and information regarding
the selection, planting and maintenance of trees within the Borough,
whether the same be on private or public property, and to make such
recommendations as it may deem appropriate to the Mayor and Borough
Council as to desirable legislation concerning the tree program and
activities for the Borough.
g.
Provide regular and special meetings as which the subject of trees
insofar as it relates to the Borough may be discussed by the members
of the Shade Tree Commission, officers and personnel of the Borough
and its several divisions, and all others interested in the tree program.
h.
Have the authority to promulgate the rules and regulations of the
Arboricultural Specifications and Standards of Practice governing
the planting, maintenance, removal, fertilization, pruning, and bracing
of trees on public areas in the Borough, and direct, regulate and
control the planting, maintenance and removal of all trees growing
now or hereafter in any public area of the Borough. The Shade Tree
Commission, its designated agent, or a qualified alternate designated
by the Mayor shall cause the provision of this Chapter to be enforced.
i.
Formulate a Master Street Tree Plan, following a hearing and the
approval of the Mayor and Council of the Borough. This Plan shall
specify the species of tree to be planted on each of the streets or
other public sites of the Borough. From and after the effective date
of the adoption of the Master Street Tree Plan, or any amendment thereof,
all planting shall conform thereto.
Consideration shall be taken of all existing and future utility
and environmental factors when recommending a specific species for
each of the streets and other public sites of the Borough.
[Ord. No. 1991-19 § 1;
amended 4-30-2024 by Ord. No. 2024-05]
As used in this section:
Shall mean any "person," as defined below, who applies for
approval to remove trees regulated under this subsection.
Shall mean all areas as determined by the Shade Tree Committee
and the Mayor and Borough Council to be of importance to the wellbeing
and required nature of the Borough.
Shall mean the area designated as the Borough of Belmar,
County of Monmouth, State of New Jersey.
Shall mean the zone around the base of a tree where the majority
of the root system is found. This zone is calculated by multiplying
the diameter at breast height (DBH) of the tree by 1.5 feet. For example:
a tree with a 6” DBH would have a CRR = 6" x 1.5' = 9'.
Shall mean the diameter of the trunk of a mature tree generally
measured at a point four and a half feet above ground level from the
uphill side of the tree. For species of trees where the main trunk
divides below the 4 ½ foot height, the DBH shall be measured
at the highest point before any division.
Shall mean those areas located within the circumferential
edge of the tree's branches.
Shall mean a tree or limbs thereof that meet one or more
of the following criteria; has an infectious disease or insect infestation;
is dead or dying; obstructs the view of traffic signs or the free
passage of pedestrians or vehicles, where pruning attempts have not
been effective; is causing obvious damage to structures (such as building
foundations, sidewalks, etc.); or is determined to be a threat to
public health, safety, and/or welfare by a certified arborist or Licensed
Tree Expert (LTE).
Are designated as those attaining a height of 40 feet or
greater.
Are designated as those attaining a height of 20 feet to
40 feet in height.
Means any individual, resident, corporation, utility, company,
partnership, firm, or association.
Shall mean the part of a street right-of-way between the
public right-of-way and the portion of the street reserved for vehicular
traffic or between the abutting property line and the curb or traveled
portion of the street, exclusive of any sidewalk.
Shall mean the outer edge of a parcel of real property as
described in the metes and bounds description of the individual parcel.
Shall mean the person owning such property as shown by the
records of the Tax Assessor of the Borough.
Shall mean the removal of any part of the above ground portion
of any tree or shrub, which is performed to enhance and invigorate
the individual plant's growth. Pruning shall include the removal of
parts of any tree in connection with utilities (as defined in N.J.S.A.
48:2-13).
Shall include all other grounds owned by the Borough.
Shall include all trees now or hereafter growing on any street
or any public areas where otherwise indicated.
Shall mean and include the designated department of the Borough
under whose jurisdiction the trees described herein fall.
Shall mean an individual who resides on the residential property
or contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this ordinance is removed or
proposed to be removed.
Shall mean those trees attaining a height of 20 feet or less.
Shall mean the substrate in which a plant grows; and shall
consist of both organic and mineral matter in substantial quantities
to support the plant and provide the plant with its initial nutrient
requirements.
Shall mean the entire width of every public right-of-way
when any part thereof is open to the use of the public, as a matter
right, for purposes of vehicular and/or pedestrian traffic.
Shall mean a tree planted in the sidewalk, planting strip,
and/or in the public right-of-way adjacent to (or specified distance
from) the portion of the street reserved for vehicular traffic. This
also includes trees planted in planting strips within the roadway
right-of-way, i.e., islands, medians, pedestrian refuges
Shall mean any fence which will remain erect and in its original
position while supporting the combined weight of two adult humans
(500 pounds total weight) leaning on the fence.
Shall mean a woody perennial plant, typically having a single
stem or trunk growing to a considerable height and bearing lateral
branches at some distance from the ground.
Shall mean the diameter of the trunk of a young tree, measured
six (6) inches from the soil line. For young trees whose caliper exceeds
four (4) inches, the measurement is taken twelve (12) inches above
the soil line.
Shall mean the physical removal of all parts of the tree
in question, including but not limited to, the removal of the tree
stump below the surface of the ground so that no part of the tree
shall project above the surface of the ground. Tree removal shall
also include and mean to kill or to cause irreparable damage that
leads to the decline and/or death of a tree and this shall include,
but is not limited to, excessive pruning, application of substances
that are toxic to the tree, overmulching or improper mulching, and
improper grading and/or soil compaction within the critical root radius
around the base of the tree that leads to the decline and/or death
of a tree. Tree removal does not include responsible pruning and maintenance
of a tree, or the application of treatments intended to manage invasive
species.
Shall mean the severe cutting back of limbs to stubs larger
than three inches in diameter within the tree's crown to such a degree
so as to remove the normal canopy and to disfigure the tree.
Shall mean any street upon which trucks are not prohibited.
[Ord. No. 1991-19 § 1]
(Reserved)
[Ord. No. 1991-19 § 1; Ord. No. 1994-1 § 1; Ord. No. 1994-47 § 1; Ord. No. 1999-08 § 1; amended 4-30-2024 by Ord. No. 2024-05]
a.
Planting, Maintenance and Removal.
1.
No person shall plant, prune, or otherwise disturb any tree on any
street or Borough-owned property without first filing an application
and procuring a Permit from the Shade Tree Commission. No person shall
remove any tree from any property without first filing an application
and procuring a Permit from the Shade Tree Commission, or its designated
agent, as may be required. The person receiving the Permit shall abide
by the Arboricultural Specifications and Standards of Practice adopted
by the Shade Tree Commission.
2.
Application for Permits must be made at the Office of Code Enforcement
not less than 72 hours in advance of the time the work is to commence.
No work shall commence unless and until a permit is issued or a determination
that no permit is necessary is made by the Shade Tree Commission or
its designated agent.
b.
Standards of Issuance. The Shade Tree Commission or its designated
agent shall issue a Permit provided for herein for work on public
property or places if, in the judgment of the Shade Tree Commission,
the proposed work is desirable and the proposed method and workmanship
thereof are of a satisfactory nature. Any Permit granted shall contain
a definite date of expiration and the work shall be completed in the
time allowed on the Permit and the manner as therein described. Any
Permit shall be void if its terms are violated. If the Permit is denied,
the applicant may appeal in writing to the Borough Council within
seven days of the denial.
A Permit shall finally be issued upon the payment of a fee by the applicant in an amount of $10 for each tree affected by the activity as specified in Subsection a1 hereof.
Notice of completion shall be given to the Borough Clerk in
writing within five working days to allow for inspection by the Shade
Tree Commission or its designated agent.
c.
Planting.
1.
The application shall state the number of trees, location, grade,
species, cultivar or variety of each tree, methods of planting; and
such other information as the Shade Tree Commission finds necessary
to a fair determination as to whether a Permit should be issued.
2.
Whenever any tree shall be planted or set out in conflict with the
provisions of this section, it shall be lawful for the Shade Tree
Commission or its designated agent to remove or cause removal of the
same, and the exact cost thereof shall be assessed to the owner as
provided by law in the case of assessments, pursuant to N.J.S.A. 40:64-8
and 9.
d.
Removal, Replanting and Replacement.
1.
Whenever it is necessary to remove a tree or trees from areas controlled
by this Chapter in connection with the paving of a sidewalk, or the
paving or widening of the portion of a public street or highway used
for vehicular traffic, the Borough shall replant such trees or replace
them.
2.
No person or property owner shall remove a tree from areas controlled
by this Chapter for the purpose of construction, or for any other
reason, without first filing an application and procuring a permit
from the Shade Tree Commission, and without replacing the removed
tree or trees in accordance with the adopted Arboricultural Specifications
and the requirements of this chapter. Such replacement shall meet
the standards of size, species, and placement as provided for in a
permit issued by the Shade Tree Commission. The person or property
owner shall bear the cost of removal and replacement of all trees
removed.
3.
In the event the Shade Tree Commission shall determine a tree to
be dead or nonviable, the property owner shall be responsible for
removing said tree within a period of 30 days from the date of written
notice. This applies to any tree located between the sidewalk and
curb area. As per N.J.S.A. 40:64-8, the cost of the removal of any
tree or part thereof dangerous to public safety shall, if the commission
shall so determine, in accordance with uniform rules and regulations
promulgated for this purpose, be a charge upon the real estate in
front of which such tree or trees shall be planted or removed as an
improvement thereof. Such cost if it is so determined that it is to
be paid by the owner shall, unless paid directly to the commission
be certified by it to the collector of taxes of the municipality,
shall thereupon become and be a lien upon said real estate, shall
be included in the next bill rendered to the owner or owners thereof,
and be collected in the same manner as other taxes against that property.
The provisions of this section shall not apply to:
4.
The Borough will continue to keep the public thoroughfare free from
all fallen limbs and trees; however, the property owners will be responsible
for other fallen limbs and trees.
5.
Additional Requirements required by Stormwater Permitting Process.
(a)
Tree Replacement Requirements.
(1)
Any person who removes one or more street tree(s) with a DBH
of 2.5 inches or more, unless exempt under paragraph 6, shall be subject
to the requirements of the Tree Replacement Requirements Table below.
(2)
Any person, who removes one or more tree(s), as defined as tree
removal with a DBH of sixnches or more per acre, unless otherwise
detailed under paragraph 6 below, shall be subject to the requirements
of the Tree Replacement Requirements Table.
(b)
Types of Trees. The species type and diversity of replacement trees shall be as determined by the Shade Tree Commission pursuant to subsection 31-2.13.
(c)
Replacement tree(s) shall:
(1)
Be replaced in kind with a tree that has an equal or greater
DBH than tree removed or meet the Tree Replacement Criteria in the
table below;
(2)
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the municipality;
(3)
Be monitored by the applicant for a period of two years to ensure
their survival and shall be replaced as needed within 12 months; and
(4)
Shall not be planted in temporary containers or pots, as these
do not count towards tree replacement requirements.
|
Tree Replacement Requirements Table: Category
|
Tree Removed
(DBH)
|
Tree Replacement Criteria (See Appendix A[1])
|
Alternative Replacement Fee
|
|---|---|---|---|
|
1
|
DBH of 1 to 4.99
|
Replant 1 tree with a minimum tree caliper of 1.5" for each
tree removed
|
$500
|
|
2
|
DBH of 5" to 22.99"
|
Replant 2 trees with minimum tree calipers of 1.5" for each
tree removed
|
$1,000
|
|
3
|
DBH of 11 to 16.99"
|
Replant 3 trees with minimum tree calipers of 1.5" for each
tree removed
|
$1,500
|
|
4
|
DBH of 17 or greater
|
Replant 4 trees with minimum tree calipers of 1.5" for each
tree removed
|
$2,000
|
[1]
Editor's Note: Appendix A is on file in the Borough offices.
(d)
Replacement Alternatives: If the municipality determines that
some or all required replacement trees cannot be planted on the property
where the tree removal activity occurred, then the applicant shall
do one of the following: Plant replacement trees in a separate area(s)
approved by the municipality. Pay a fee of as above per tree removed.
This fee shall be placed into a fund dedicated to tree planting and
continued maintenance of the trees.
6.
Exemptions
to Stormwater Permitting Requirements as found at paragraph 5, above.
All persons shall comply with the tree replacement standard outlined
above, except in the cases detailed below. Proper justification shall
be provided, in writing, to the municipality by all persons claiming
an exemption which may include certifications, photos or statements
from NJ licensed tree expert or arborist.
(a)
Residents who remove less than four trees per acre that fall
into category 1, 2, or 3 of the Tree Replacement Requirements Table
within a five-year period. The number of trees removed shall be calculated
on a rolling basis.
(b)
Tree farms in active operation, nurseries, fruit orchards, and
garden centers;
(c)
Properties used for the practice of silviculture under an approved
forest stewardship or woodland management plan that is active and
on file with the municipality;
(d)
Any trees removed as part of a municipal or state decommissioning
plan. This exemption only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning plan.
(e)
Any trees removed pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental clean-up, or NJDEP approved habitat enhancement plan;
(f)
Approved game management practices, as recommended by the State
of New Jersey Department of Environmental Protection, Division of
Fish, Game and Wildlife;
(g)
Hazard trees may be removed with no fee or replacement requirement.
[Ord. No. 1991-19 § 1]
It shall be the duty of any person or persons owning or occupying
real property bordering on any street upon which property there may
be trees, to prune such trees in such manner that they will not obstruct
or shade the street lights, obstruct the passage of pedestrians on
sidewalks, obstruct vision of traffic signs, or obstruct view of any
street or alley intersection. The minimum clearance of any overhanging
portion thereof shall be eight feet over sidewalks, and 12 feet over
all streets except truck thoroughfares, which shall have a clearance
of 14 feet.
a.
Notice to Prune. Should any person or persons owning real property
bordering on any street fail to prune trees as hereinabove provided,
the Borough shall order such person or persons, within 10 days after
receipt of written notice, to so prune those trees.
b.
Order Required. The order required herein shall be served by mailing
a copy of the order to the last known address of the property owner,
by Certified Mail.
c.
Failure to Comply. When a person to whom an order is directed shall
fail to comply within the specified time, it shall be lawful for the
Borough to prune those trees, and the exact cost thereof shall be
assessed to the owner as provided by law in the case of special assessments
pursuant to N.J.S.A. 40:64-9.
[Ord. No. 1991-19 § 1]
Unless specifically authorized by the Shade Tree Commission,
no person shall intentionally damage, cut, carve, transplant or remove
any public tree; attach any rope, wire, nails, advertising posters
or other contrivance to any tree, allow any gaseous, liquid, or solid
substance which is harmful to such trees to come in contact with any
tree; or set fire or permit any fire to burn when such fire or the
heat thereof will injure any portion of any public tree.
[Ord. No. 1991-19 § 1]
No person shall hinder, prevent, delay or interfere with the
Shade Tree Commission or its designated agent while that Commission
is engaged in carrying out the execution or enforcement of this section;
provided, however, that nothing herein shall be construed as an attempt
to prohibit the pursuit of any remedy, legal or equitable, in any
court of competent jurisdiction for the protection of property rights
by the owner of any property within the Borough.
[Ord. No. 1991-19 § 1]
All trees on any street or other publicly owned property near
any excavation or construction of any building, structure or street
work shall be guarded with a sturdy fence, frame or box not less than
four feet high and eight square feet or at a distance in feet from
the tree equal to two times the diameter of the tree trunk at breast
height in inches, whichever is greater (as approved by the Shade Tree
Commission or its designated agent), and all building material, soil
or other debris shall be retained outside the barrier.
No person shall excavate any ditches, tunnels, trenches, or
lay any drive within the drip line of any public tree, without first
obtaining a written Permit from the Shade Tree Commission. This subsection
shall not apply to the Department of Public Works of the Borough.
[Ord. No. 1991-19 § 1]
Except for sidewalks in conformity with Borough design standards,
no person shall deposit, place, store, or maintain upon any Borough-owned
public place any stone, brick, sand, concrete, or other materials
which may impede the free passage of water, air or fertilizer to the
roots of any tree growing therein, except by written Permit of the
Shade Tree Commission or its designated agent.
[Ord. No. 1991-19 § 1;
amended 4-30-2024 by Ord. No. 2024-05]
Any person violating or failing to comply with any of the provisions
of this section shall be duly notified by the Shade Tree Commission,
or its designated agent, of each violation and instructed to correct
the violation if possible. If correction is required, each specific
item must be addressed within 10 working days of notification. Any
person who fails to take corrective action or is otherwise guilty
of violation of this section, if corrective action cannot be taken,
shall be fined a sum no less than $20 nor more than the maximum allowed
under the law for each day the violation is allowed to remain. In
matters involving tree replacement, the fine shall not be less than
the amount of the required replacement tree(s) and cost of planting,
subject to the maximum fine allowable under the law. This section
shall be enforced pursuant to N.J.S.A. 40:64-12.
[Ord. No. 1991-19 § 1]
a.
Tree Species to be Planted. The Shade Tree Commission shall develop
and maintain a list of desirable trees for planting along streets
of heights in three size classes based on mature heights; small, under
20 feet, medium, 20 feet to 40 feet, and large, over 40 feet. A list
of trees not suitable for planting will also be created by the Shade
Tree Commission and will be available for review in the Office of
Code Enforcement.
b.
Spacing of Trees. The spacing of street trees will be in accordance with the three species size classes listed in Subsection a of this subsection, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.
c.
Distance from Curb and Sidewalk. The distance trees may be planted
from curbs or curblines and sidewalks will be in accordance with the
three species size classes listed in this subsection, and no trees
may be planted closer to any curb or sidewalk than the following:
small trees, two feet; medium trees, three feet; and large trees,
four feet.
d.
Distance from Street Corners and Fire Hydrants. No street tree shall
be planted within 35 feet of any street corner, measured from the
point of nearest intersecting curbs or curblines. No street tree shall
be planted within 10 feet of any fire hydrant.
e.
Utilities. No trees other than those species listed as small trees in Subsection a of this subsection may be planted under or within 10 feet of any overhead utility wire. For purposes of this subsection, "utilities" shall be those as defined in N.J.S.A. 48:2-13.
f.
Tree Topping. It shall be unlawful as a normal practice for any person
to top any tree on public property. Trees severely damaged by storms
or other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this provision at the discretion of the Shade Tree Commission.
[Ord. No. 1999-08 § 2]
A property owner may by application to the Belmar Shade Tree
Commission request the purchase of a tree that will be planted by
the Public Works Department at a cost to the property owner of $125
per tree.
The type of tree to be planted will be determined by the Shade
Tree Commission subject to the approval of the property owner.
If the tree dies within one year of the planting of same, the
Public Works Department will replace the tree at no cost to the property
owner.
[Ord. No. 1993-53 § 1]
The Borough Council has determined that leaks of hazardous substances
from underground storage tanks located in Belmar pose a serious threat
to the health, safety, and welfare of Belmar's residents and the environment.
Belmar's ability to respond to emergencies involving leaks of hazardous
substances from underground storage tanks has been hampered by the
inability to determine where all underground storage tanks in Belmar
are located.
The Borough Council has also determined that problems involving
leaks of hazardous substances from underground storage tanks in Belmar
can be minimized or eliminated if the owners of the underground storage
tanks have them tested periodically to insure their integrity.
[Ord. No. 1993-53 § 1]
For the purposes of this section, the following definitions
shall apply:
Shall mean any underground storage tank which has been closed
in line with the regulations promulgated by the New Jersey Department
of Environmental Protection and Energy for the closure and abandonment
of underground storage tanks.
Shall mean any use of property which is not strictly residential.
For the purposes of this section, a property which contains at least
three residential units, whether connected or detached, where at least
one of the units generates rental income in any amount whatsoever,
shall be considered to be used for commercial purposes.
Shall mean the person or entity that owns the premises on
which the underground storage tank is located.
Shall mean any single container or series of interconnected
containers, including all appurtenant piping and fixtures, with a
mini-mum liquid capacity of 600 gallons which has at least 10% of
its gross storage capacity underground and which is located on property
used for commercial purposes.
[Ord. No. 1993-53 § 1]
Within 180 days after the effective date of this section, all
underground storage tanks in the Borough of Belmar shall be registered
with the Belmar Environmental Commission. All underground storage
tanks shall be registered regardless of whether they are in use, unused,
or abandoned. Owners of tanks already regulated by the New Jersey
Underground Storage Tank Law must only submit a duplicate of any documents
they file with the New Jersey Department of Environmental Protection
and Energy.
[Ord. No. 1993-53 § 1]
The entity responsible for registering any underground storage
tank shall be the person or entity that owns the premises upon which
the underground storage tank is located, regardless of whether the
owner is present on the premises.
[Ord. No. 1993-53 § 1]
When registering an underground storage tank, the owner shall
supply the following information:
a.
The name of the person or entity who installed the tank;
b.
The date the tank was installed;
c.
The gross liquid capacity of the tank;
d.
The material of which the tank is constructed;
e.
Whether the tank is in use, unused, or abandoned;
f.
The type of liquid typically stored in the tank, if in use or unused;
g.
The date the tank was last tested for leaks and the result of that
test; and
h.
If the tank is abandoned, the date on which the tank was abandoned.
[Ord. No. 1993-53 § 1]
The owner of the property used for commercial purposes on which an underground storage tank is installed after the effective date of this section shall provide to the Belmar Environmental Commission the information set forth in Subsection 31-2.5 within 30 days of the tank's installation.
[Ord. No. 1993-53 § 1]
The owner shall notify the Belmar Environmental Commission of
any abandonment or removal of an underground storage tank at least
30 days before the date of its abandonment or removal.
[Ord. No. 1993-53 § 1]
The owner shall have each underground storage tank tested for
leaks by an entity certified by the New Jersey Department of Environmental
Protection and Energy at least once every five years after the effective
date of this section. A copy of all test results shall be filed with
the Belmar Environmental Commission within 30 days after the date
of testing.
[Ord. No. 1993-53 § 1]
Anyone found in violation of any provision of this section shall
pay a fine of $1,000 to the Borough of Belmar. Each calendar month
that a person is in violation of this section shall be deemed to be
a separate violation for which a fine of $1,000 shall be charged.
[Ord. No. 1993-53 § 1]
Any underground storage tanks located on property owned by the
Borough Belmar is exempt from the provisions of this section.
[Ord. No. 2016-03]
The purpose of this section is to preserve and protect private
and public property from the damaging spread of running bamboo grasses
and to protect indigenous plants and the wildlife they support from
the invasive spread of such bamboo from any neighboring property line.
[Ord. No. 2016-03]
a.
RUNNING BAMBOO — Shall mean any monopodial (running) woody
grass from the genera of bamboos including, but not limited to, Bambusa,
Phyllostachys and Pseudosasa, as well as common bamboo, golden bamboo
and arrow bamboo.
b.
RUNNING BAMBOO PROPERTY OWNER(S) — Shall mean any property
owner(s) or tenant(s) who, or which, have Running Bamboo on their
property, even if the Bamboo has spread onto their property from an
adjoining property.
c.
BUFFER ZONE — Shall mean a distance of at least 10 feet from
any lane, street or road, whether public or private, or from any neighboring
property, whichever is more restrictive for the Running Bamboo Property
Owner.
d.
BOROUGH — Shall mean the Borough of Belmar Monmouth County,
New Jersey.
e.
NOTICE — Shall mean any written notice by, from or on behalf
of the Borough, notifying the Running Bamboo Property Owner(s) that
they are in violation of this section and directing them to cure or
fix the violation. Such Notice shall be sent by certified mail, return
receipt requested, addressed to the owner(s) listed on the current
tax address on file with the Borough. A copy may also be posted on
the property in question.
f.
RECEIPT OF NOTICE — Shall mean receipt of the Notice required
herein shall be the date of mailing said Notice, or, if applicable,
posting of the Notice on the property in question, whichever is earlier.
[Ord. No. 2016-03]
a.
The planting of Running Bamboo is prohibited in the Borough of Belmar.
b.
Any existing Running Bamboo may not be replanted or replaced after
any such existing Running Bamboo has died or been removed.
c.
Any person who plants or replants Running Bamboo within the Borough
limits after the effective date of this section shall be in violation
of this section and shall be subject to the penalties set forth herein,
subject to the following exceptions:
1.
The root system of such Running Bamboo is entirely contained within
an above ground planter and located so as to entirely prevent the
spread or growth of the bamboo plant's root system beyond the container
in which it is planted; or
2.
The root system is contained within a barrier, constructed in accordance
with the following specifications:
(a)
The barrier itself shall be composed of a high density polypropylene
or polyethylene, with a minimum thickness of 40 mm;
(b)
Each portion of the barrier shall be joined together by the
use of stainless steel strips or clamps;
(c)
The barrier shall be a minimum of 30 inches deep, with two to
three inches of the barrier protruding above ground level around the
entire perimeter of the bamboo;
(d)
When installed, the barrier shall slant outward from the bottom
to top.
3.
Whether planted or growing in a container, as described herein, all
bamboo plants shall be located, trimmed and maintained so that no
part of the plant shall be closer than 10 feet from any property line.
[Ord. No. 2016-03]
a.
Any Running Bamboo already in existence on any property within the
Borough limits as of the effective date of this section, may remain
on such property, subject to the following regulation: Running Bamboo
shall not be permitted to exist within any Buffer Zone.[1]
[1]
Editor's Note: Ordinance No. 2016-03, codified herein, was
adopted February 16, 2016.
b.
Running Bamboo Property Owner(s) shall take all necessary measures
to ensure that any Running Bamboo on their property does not exist
within any Buffer Zone. Such measures shall include, but are not limited
to, cutting down Running Bamboo existing in the Buffer Zone and physically
removing or poisoning the rhizomes or spraying any regrowth for several
years until the Running Bamboo is dead and, if Running Bamboo is permitted
to remain outside the Buffer Zone, installing sheathing comprised
of metal or other impenetrable material and placed no less than 10
feet from the property line at a sufficient depth to prevent any growth
of Running Bamboo within any Buffer Zone.
c.
This section shall not be deemed to alter any rights at common law
or otherwise that any property owner may have to recover the cost
of removal of Running Bamboo on their own property from another property
owner from whose property the Running Bamboo has spread.
[Ord. No. 2016-03]
If Running Bamboo on any property grows in or into any Buffer
Zone, the Borough shall give Notice to the Running Bamboo Property
Owner(s), as required by this section, that the said Property Owner(s)
are responsible for the extermination or removal of such Running Bamboo
from the Buffer Zone.
[Ord. No. 2016-03]
All places and premises in the Borough of Belmar shall be subject
to inspection by the Code Enforcement Officer to determine compliance
with this section.
[Ord. No. 2016-03]
a.
Whenever Running Bamboo as defined by this section is found planted
in the ground on any plot of land, lot or any other premises or place,
a notice of violation shall be given to the Running Bamboo Property
Owner, in writing, giving said owner 10 days to remove or abate the
same.
b.
The cost of the abatement shall be borne by the Running Bamboo Property
Owner.
c.
If the Running Bamboo Property Owner fails to comply with such notice,
the Code Enforcement Officer may remove or otherwise control the invasive
plant species and the Borough may thereafter recover the cost of such
removal from the Running Bamboo Property Owner and place a lien on
the property to recover the cost of the removal.
d.
Any person violating any of the provisions of this section who fails
to abate the violation after notice shall be subject to the following
penalties:
[Ord. No. 2017-04]
This section is adopted in order to protect the environment,
particularly the wildlife, and the health, safety and well-being of
persons and property by prohibiting the release of helium balloons
into the atmosphere, including latex and Mylar, as it has been determined
that the release of balloons inflated with lighter-than-air gases
pose a danger and nuisance to the environment, particularly to wildlife
and marine animals so as to constitute a public nuisance and may pose
a threat to the safety of its habitants and their property.
[Ord. No. 2017-04]
It shall be unlawful for any person, firm or corporation to
intentionally release, organize the release, or intentionally cause
to be released balloons inflated with a gas that is lighter than air
within the Borough of Belmar, except for:
[Ord. No. 2017-04]
Any person found in violation is guilty of a non-criminal infraction
punishable by a fine not to exceed the sum of $500.
