Borough of Belmar, NJ
Monmouth County
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Table of Contents
Table of Contents
[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]
a. 
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;
b. 
Regulate and control the use of the ground surrounding the same, 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.
j. 
Until such time as a Municipal Arborist is engaged by the Mayor and Borough Council, the Shade Tree Commission or its designated agent shall:
1. 
Supervise or inspect all work done under a Permit issued in accordance with the terms of this Chapter.
2. 
Affix reasonable conditions to the granting of a Permit in accordance with the terms of this Chapter.
[Ord. No. 1991-19 § 1]
As used in this section:
AREAS OF CONCERN
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.
BOROUGH
Shall mean the area designated as the Borough of Belmar, County of Monmouth, State of New Jersey.
DRIP LINE
Shall mean those areas located within the circumferential edge of the tree's branches.
LARGE TREES
Are designated as those attaining a height of 40 feet or greater.
MEDIUM TREES
Are designated as those attaining a height of 20 feet to 40 feet in height.
PROPERTY LINE
Shall mean the outer edge of a parcel of real property as described in the metes and bounds description of the individual parcel.
PROPERTY OWNER
Shall mean the person owning such property as shown by the records of the Tax Assessor of the Borough.
PRUNE
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).
PUBLIC PLACES
Shall include all other grounds owned by the Borough.
PUBLIC TREES
Shall include all trees now or hereafter growing on any street or any public areas where otherwise indicated.
PUBLIC WORKS DEPARTMENT
Shall mean and include the designated department of the Borough under whose jurisdiction the trees described herein fall.
SMALL TREES
Shall mean those trees attaining a height of 20 feet or less.
SOIL
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.
STREET OR HIGHWAY
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.
STURDY FENCE
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.
TREE REMOVAL
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 TOPPING
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.
TRUCK OR PRINCIPAL THOROUGHFARE
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]
a. 
Planting, Maintenance and Removal.
1. 
No person shall plant, prune, remove, 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. 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.
b. 
Standards of Issuance. The Shade Tree Commission or its designated agent shall issue a Permit provided for herein 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. 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:
(a) 
A planting to replace a tree or trees theretofore planted by the commission;
(b) 
A planting in connection with Arbor Day exercises or other educational demonstrations.
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.
[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]
Any person violating or failing to comply with any of the provisions of this section shall be duly notified by the Shade Tree Commission of each violation and instructed to correct it 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 $200 for each day the violation is allowed to remain. 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:
ABANDONED UNDERGROUND STORAGE TANK
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.
COMMERCIAL PURPOSES
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.
OWNER
Shall mean the person or entity that owns the premises on which the underground storage tank is located.
UNDERGROUND STORAGE TANK
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:
1. 
A fine, not to exceed $1,000, plus the costs of prosecution, for each day on which a violation has occurred, and for which the property owner has been found guilty.
2. 
Each day on which the violation occurs shall constitute a separate offense under this section.
[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:
a. 
Balloon released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes;
b. 
Hot air balloons that are recovered after launching;
c. 
Balloons released indoors.
[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.
[Ord. No. 2018-07]
This article adopts regulations relating to and limiting the use of plastic bags by businesses in the Borough. The regulations are intended as necessary and proper steps by the Borough to address a significant global problem relating to the sale and use of plastic bags, to further incentivize the use of reusable bags at businesses, and, ultimately, to protect the environment, wildlife, and the public health, welfare, and safety.
[Ord. No. 2018-07]
The following words, phrases and terms as used in this Chapter are hereby defined for the purpose thereof as follows.
BAIT
Shall mean any live or previously live and now frozen substance used to attract and catch fish or crabs on the end of a fishing hook or inside or bait trap.
BUSINESS OR STORE
Shall mean for the purposes of this Chapter, any retail establishment that engages in the retail sale of goods and products. The definition includes, but is not limited to, pharmacies, supermarkets, grocery stores, convenience stores, clothing stores, surf shops, food marts, and food service establishments.
FOOD SERVICE ESTABLISHMENT
Shall mean any establishment which serves made-to-order food for dine-in, takeout, or delivery.
GARMENT BAG
Shall mean a large, zippered bag incorporating a hanger on which garments may be hung to prevent wrinkling during travel or storage and used to protect and transport clothing or other textiles.
GOODS AND PRODUCTS
Shall mean things and items that are prepared and made to be sold, including, but not limited to, clothing, groceries, prepared food, foodstuffs, meat, dairy, merchandise, books, jewelry, alcohol, tobacco products, toys, and any and all other things and items sold at retail by businesses and stores.
PRODUCE BAG OR PRODUCT BAG
Shall mean any bag without handles that is used exclusively to segregate produce, meats, other food items, and merchandise to the point of sale inside a store or to prevent such items from coming into direct contact with other purchased items, where such contact could damage or contaminate other food or merchandise when placed together in a reusable or recycled bag.
RETAIL
Shall mean the sale of goods and products for use and/or consumption.
REUSABLE BAG
Shall mean a bag that is designed and manufactured to withstand repeated uses over a period of time, is machine washable or made from a material that can be cleaned and disinfected regularly, is at least 2.25 mil thick if made from plastic, has a minimum lifetime of 75 uses, and is capable of carrying a minimum of 18 pounds.
SINGLE-USE, PLASTIC CARRY-OUT BAG
Shall mean a bag, sheet, or receptacle produced or manufactured from material commonly known as "plastic" or "polyethylene" provided at the check-out stand, cash register, point of sale, or other point of departure for the purpose of transporting goods or products out of the establishment. The term single-use, plastic carry-out bag does not include reusable bags, produce bags, product bags, or garment bags.
[Ord. No. 2018-07]
No business or store shall provide any single-use, plastic carry-out bags to a customer at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting products or goods out of the business or store, except as otherwise provided in this Chapter.
[Ord. No. 2018-07]
Single-use, plastic carry-out bags may be used by businesses or stores to sell bait.
[Ord. No. 2018-07]
Upon the effective date of this section, the Governing Body of the Borough of Belmar shall cause to occur a public information campaign designed to educate the public and local businesses on the damage to the environment caused by plastic bags and the existence of the provisions of this section. No summonses or other process shall be issued by the Borough, nor shall any penalties be enforced by the Municipal Court, for violations of this section, except for any such violation(s) occurring on or after May 1, 2019.
[Ord. No. 2018-07]
A violation of this Chapter shall be punishable as provided in Chapter 1, General Provisions, § 1-5, Violation of the Revision.