[Ord. No. 254, § 1; Ord. No. 630; Ord. No.
2017-264]
It shall be unlawful for any person, corporation or other legal
entity to dig or excavate any street, sidewalk, curb, driveway apron,
pavement or other public place or area within the public right-of-way
or any part thereof, within the borough for the purpose of laying
down rails, pipes, mains, conduits, or for any other purpose whatsoever,
unless and until a written application as herein provided be first
made to and a permit therefor be first granted by the borough public
works director and a minimum twenty-four-hour notice is provided to
the public works director prior to the start of any work.
[Ord. No. 254, § 2; Ord. No. 477; Ord. No.
630; Ord. No. 2017-264]
The written application shall be signed by the applicant and
accompanied by plans showing the extent of the proposed excavation
work, the dimensions and elevations of both the existing ground prior
to said excavation and of the proposed excavated surfaces, the location
of the excavation work, and such other information as may be prescribed
by the borough public works director including complete plan, profile
and details of any proposed curb, sidewalk, pavements or other proposed
improvements. In addition, the length of time the work will require
and in which the excavation and restoration hereinafter provided will
be completed should be stated on the application.
[Ord. No. 254, § 3; Ord. No. 630; Ord. No.
2000-813; Ord. No. 2017-264; amended 5-16-2024 by Ord. No. 2024-340]
a. Application Fee, Repair Deposit and Inspection Fees.
1. The application for an excavation permit to perform excavation work under subsection
12-1.3 of this section shall be accompanied by a repair deposit, unless a performance guaranty is accepted in lieu thereof pursuant to subsection
12-1.5 of this section. Such cash repair deposit shall take the form of cash or certified check, payable to the Borough of Union Beach, and shall be received by the borough prior to the issuance of any permit.
2. The amount of the cash repair deposit required for openings in streets
paved with concrete or bituminous concrete or within sidewalk or driveway
aprons shall be in accordance with the following schedule. Please
note the minimum cash repair deposit amount shall be $500.
Pavement Disturbance
|
Cost Per Square Foot
|
Pavement Disturbance
|
Cost Per Square Foot
|
---|
0 to 49 Square Feet
|
$500 minimum
|
500 to 599 Square Feet
|
$6.50 per Square Feet
|
50 to 79 Square Feet
|
$10 per Square Feet
|
600 to 699 Square Feet
|
$6 per Square Feet
|
80 to 99 Square Feet
|
$9 per Square Feet
|
700 to 799 Square Feet
|
$5.50 per Square Feet
|
100 to 199 Square Feet
|
$8.50 per Square Feet
|
800 to 899 Square Feet
|
$5 per Square Feet
|
200 to 299 Square Feet
|
$8 per Square Feet
|
900 to 999 Square Feet
|
$4.50 per Square Feet
|
300 to 399 Square Feet
|
$7.50 per Square Feet
|
1,000 to 4,999 Square Feet
|
$4 per Square Feet
|
400 to 499 Square Feet
|
$7 per Square Feet
|
5,000 to - Square Feet
|
$3 per Square Feet
|
The amount of the cash repair deposit in streets not constructed
of concrete or bituminous concrete shall be in accordance with the
following schedule.
|
Pavement Disturbance
|
Cost Per Square Foot
|
---|
0 to 149 Square Feet
|
$1.50 per Square Feet
|
150 to 999 Square Feet
|
$1.25 per Square Feet
|
1,000 to 4,999 Square Feet
|
$1 per Square Feet
|
5,000 to - Square Feet
|
$0.75 per Square Feet
|
3. The repair deposit made hereunder shall serve as security for the
inspection, repair and performance of work necessary to put the street
in as good a condition as it was prior to the excavation if the permittee
fails to make the necessary repairs or to complete the proper backfilling
of the opening and the excavation work performed in accordance with
the excavation permit. Upon the permittee's completion of the work
covered by such permit, and approval by the borough engineer to determine
the work is in conformity with this section as determined by the borough,
one-half of the remaining cash deposit shall be refunded by the borough
to the permittee and the balance shall be refunded by the borough
to the permittee upon the expiration of two years from the date of
final approval of the work upon the borough engineer's determination
that the permittee has performed the work remains in conformity with
this section and that no corrective action is required.
4. In the case of excavation or removal or alteration of other public
improvements such as drainage, utility pole relocation, etc., the
borough engineer/department of public works shall determine in each
case the amount of cash repair deposit in sum total sufficient to
allow the borough to perform all required repairs and restorations.
The amount shall be estimated to include gross borough costs, including
fees, temporary maintenance costs, permanent restoration costs, engineering
costs, etc.
5. Cash repair deposits may be waived in the case of installation or
repair of sidewalk by the owner or by a person acting for the owner
of real property and may be waived in the case of installation of
new public improvements by a subdivider or site developer in accordance
with the approved plans without cost to the borough; however, that
such waiver will not be granted if, in the opinion of the borough,
a cash repair deposit is necessary to assure protection of existing
improvement or to guarantee against damages during construction.
6. In addition, the application for an excavation permit shall be accompanied
by a permit application fee in cash or other form acceptable to the
borough. The fee shall cover the cost of the application review, inspection
fee and other administrative matters. The fee is based on a percentage
of the repair deposit as outlined above in accordance with the following
schedule. In no case shall a permit fee charge be less than $150.
A copy of the permit shall be kept on site at all times.
Repair Deposit
|
Percentage
|
---|
$500-$1,999
|
15%
|
$2,000-$2,999
|
13%
|
$3,000-$4,999
|
9%
|
$5,000-Over
|
7%
|
7. Equipment or machinery having crawler tracks or other treads that
mar or damage pavements shall not move over or operate from newly
constructed or existing pavements unless precautions are taken to
prevent damage.
Any damage to existing utilities or newly constructed or existing
pavements within the limits of the excavation, or adjacent hereto,
which in the opinion of the borough engineer/department of public
works was caused by the permittee's operations, shall be repaired
as directed, at the permittee's expense or the repairs will be made
by the borough and the cost of such repairs will be deducted from
cash deposit.
Any restrictions of required traffic lane widths or diversion
of traffic, at any time, are subject to approval.
8. Insurance. A permittee, prior to commencement of excavation work
hereunder, shall furnish the borough satisfactory evidence in writing
that the permittee has in force and will maintain in force during
the performance of the excavation work and the period of the excavation
permit public liability insurance of not less than $1,000,000 for
any one person and $300,000 for any one accident and property damage
insurance of not less than $500,000 duly issued by an insurance company
authorized to do business in this state. In cases where the character
or nature of the proposed excavation work as such as to present an
unusual hazard or a higher than normal risk of damage or injury the
borough council may require increased amounts of liability and property
damage insurance.
9. Specifications. The New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction, 2019, shall serve
as the standard for pavement repair. Pavement repair requirement shall
be set by the public works director or borough engineer on a case-by-case
basis. In addition, traffic maintenance and protection during construction
shall be in accordance with the Manual on Uniform Traffic Control
Devices. The permittee shall be responsible for installation and maintenance
of the property traffic maintenance and protection devices, notification
of all authorities and agencies, and for site safety.
10. If it is determined by the Union Beach Police Department that a traffic
safety officer is required, all costs shall be the responsibility
of the permittee and the costs shall not be included in the application
fee or cash repair deposit.
b. Pavement Openings. All utility road openings through existing pavement
for excavation purposed shall be saw cut to provide a neat edge. The
saw cut requirement may be waived by the borough engineer/public works
director and will be on a case-by-case basis. Where trenches are to
be two feet or more in depth, the base pavement shall be removed to
at least 12 inches beyond the outer limits of the trench. The face
of the remaining pavement shall be approximately vertical.
c. Excavation and Backfilling Requirements.
1. All trench openings shall be neatly saw cut. Unless specifically
allowed, in writing, by the department of public works for unusual
circumstances, no excavation work area shall remain open overnight.
2. All applications for excavations exceeding four feet in depth shall
be accompanied by engineering plans showing how the excavation will
be protected from side-wall collapse and damage to adjoining property
and structure.
3. Unless otherwise allowed, the contractor shall backfill all trenches
at the end of each working day with a DGA material or with granular
borrow material. Rocks larger than six inches may not be included
in backfill. Backfill material shall be deposited in 12 inch lifts
and mechanically compacted to a minimum 90% Modified Proctor Density
to an elevation of eight inches below finished roadway grade. Hot
Mix Asphalt 19M64 base course is to be placed to the elevation of
finish roadway grade and remain in place for a minimum period of three
months. Consolidation will not be acceptable as a method to achieve
the soil densities specified.
4. The backfilling, replacement of subbase, and installation of base
course shall be completed within 24 hours after commencement of work.
d. Restoration of the Surface.
1. Bituminous concrete Roads (See Detail "A").
(a)
Following compaction, the permittee shall install no less than
six inches of dense graded aggregate followed by eight inches of Hot
Mix Asphalt 19M64 base course to the trench. If the distance from
the edge of the excavation work area to the existing curb or roadway
edge is less than two feet, the permittee shall be required to excavate
to the curb and evenly install six inches of dense graded aggregate
followed by eight inches of Hot Mix Asphalt 19M64 base course in the
entire area.
(b)
The partially restored pavement shall be allowed to settle for
no less than 90 days and nor more than 180 days. The permittee shall
have the responsibility to monitor and maintain the trench so that
a depression does not develop. If at any time during the settlement
period the trench becomes unacceptable in the view of the department
of public works or borough engineer, the permittee shall be notified
of the condition requiring repair, and such repair shall be performed
by the permittee within 24 hours of such notification by the Union
Beach Public Works Department or borough engineer. In the absence
of such repair, the borough may use bond or cash deposit fees to repair
said trench.
(c)
Following the period of settlement, the permittee shall be required
to mill the excavation work area surface a minimum of one foot beyond
the outer edges of the excavation or if the distance from the edge
of excavation work to the existing curb or roadway edge is less than
two feet, the permittee shall be required to mill to the curb or edge
of roadway and install no less than two inches of Hot Mix Asphalt
9. 5M64 surface course. (See Detail B) The permittee shall also be required to provide a tack
coat on all existing bituminous concrete surfaces and a hot-poured,
rubber asphalt joint sealer per Section 401 of DOT Standard Specifications
for Roads and Bridges.
(d)
All longitudinal excavations or utility work undertaken by a
public or private utility or contractor, which work involves placing
of new or replacing or repairing existing utility infrastructure,
including but not limited to gas lines, water lines, electrical lines
and sewer lines, or any disturbance of the roadway surface, where
the area to be trenched is greater than fifty (50) linear feet, or
where multiple small openings in the pavement are made within a fifty
(50) linear-foot or greater length of a roadway, upon completion or
within a reasonable amount of time as determined by the Borough Engineer,
the permittee shall mill and repave the entire pavement surface from
edge to edge or curb to curb for the full length of the excavation,
at their cost, in accordance with the Borough Design Standards and
Details, and specifications of and at the direction of the Borough
Engineer but no less than two inches of Hot Mix Asphalt 9.5M64 surface
course.
In the case of main replacements and for streets where multiple
service connections are made, after the backfill is placed/compacted
and approved settling time is completed, the road shall be milled
and paved from curb to curb for the entire length of the trench with
no less than two inches of Hot Mix Asphalt 9.5M64 surface course.
(e)
All pavement repairs on roadways constructed within five years
of the date of the permit or as directed by the borough engineer/public
works department and all square excavations or longitudinal excavations
less than 100 square feet shall be repaired using infrared thermal
bond seamless bituminous pavement patching to provide a seamless permanent
restoration. The area heated should extend a minimum six inches beyond
the perimeter of the trench.
(f)
The permittee shall be required to replace any facilities including
but not limited to curb, pavement, sidewalk, line striping, etc. that
are affected by the excavation and restoration work.
(g)
With department of public works or borough engineer's approval,
the centerline of road milling and restoration may be offset by the
distance necessary to avoid disturbing the existing line striping
or markouts.
2. Concrete Roads (See Detail "C").
(a)
Following compaction, the permittee shall install no less than
six inches of dense graded aggregate base course to the trench. If
the distance from the edge of the excavation work area to the existing
curb or roadway edge is less than two feet, the permittee shall be
required to excavate to the curb and evenly install six inches of
dense graded aggregate base course in the entire area.
(b)
The permittee shall install #3 longitudinal and traverse reinforcing
bars as shown on Detail "C" (two rows spaced four inches apart). Steel
dowels (18 inches long, 1 1/8 inch diameter) shall be set in
predrilled holes in the existing concrete pavement spaced every two
feet along edge. Following approval by the borough engineer, the permittee
shall then follow with eight inches of 4,000-psi concrete bringing
the finished trench to grade.
(c)
The permittee shall be required to replace any facilities, including
but not limited to curb, pavement, sidewalk, line striping, etc. that
are affected by the excavation and restoration work.
(d)
All repairs to concrete driveway aprons, sidewalks and curb
shall be in accordance with New Jersey Department of Transportation
(NJDOT) standard specifications. 2007 Edition.
If at any time during the first two years following restoration
the trench becomes unacceptable in the view of the department of public
works or borough engineer, the permittee shall be notified of the
condition requiring repair and such repair shall be performed within
24 hours of such notification.
e. Maintenance Procedures. Performance bond will be released when final
pavement restoration is approved by the department of public works.
Such release shall be subject to the permittee agreeing to maintain
the restored excavation work areas for a period of two years from
the date of final approval of the work and posting a maintenance bond
to guarantee same. As such, the borough shall retain as a cash retainage
50% of the cash repair deposit and/or performance guaranty during
the two-year period.
If an inspection reveals that the restored excavation area becomes
unacceptable, the department of public works or borough engineer shall
notify the permittee that he must repair the area in accordance with
the aforementioned procedure within 30 days from the date of notification
or sooner if safety on public conveyances is involved. If the permittee
fails to repair the trench within this time limit, the borough will
utilize the permittee's cash retainage and maintenance bond to pay
for the cost of the repairs.
Upon termination of the two-year maintenance period, any remaining
portions of said maintenance bond that has not been expended shall
be returned to the permittee without interest.
f. Temporary Patching. The permittee may be required to place a temporary
surface over openings made in paved traffic lanes if the road must
be reopened before the normal completion of the work. Except when
the permanent replacement pavement is to be replaced before the opening
of the cut to traffic, the fill above the bottom of the existing pavement
shall be tamped into place, properly graded and topped with a minimum
of six inches of bituminous patch material which is suitable to maintain
the opening in good condition until permanent restoration can be made,
but in no case shall temporary patch be used for more than seven days.
g. Trenches in Pipe Laying. Except by special permission from the borough
engineer, no trench shall be excavated more than 150 feet in advance
of pipe laying or left unfilled for more than 150 feet where pipe
has been laid.
h. Sidewalk Excavations. Any excavation made in any sidewalk or under
a sidewalk shall be provided with a substantial and adequate footbridge
over said excavation on the line of the sidewalk, which bridge shall
be at least three feet wide and securely railed on each side. This
requirement may be waived by the department of public works or borough
engineer if found unnecessary or unreasonable.
i. Urgent Work. If traffic conditions, the safety or convenience of
the traveling public or the public interest require that the excavation
work be performed as emergency work, the department of public works
shall have the power to order, at the time the permit is granted,
that a crew of men and adequate facilities be employed by the permittee
24 hours a day, for the duration of the project so that such excavation
and repair work may be completed as soon as possible. In enforcing
this provision, the borough does not assume under any circumstances
the responsibility for the health and safety of the contractor's employees,
subcontractor, or other agents acting on behalf of the contractor,
the public or third parties.
j. Action. In the event of any emergency in which a sewer, main, conduit,
or utility in or under any street breaks or bursts or otherwise is
in such condition as to immediately endanger the property, life, health
or safety of any individual, the owner or operator of any such sewer,
main, conduit or utility, without first applying for and obtaining
a permit, shall immediately take proper emergency measures to cure
or remedy the dangerous conditions for the protection of property,
life, health and safety of individuals. All emergency utility repairs
shall be reported immediately to the Union Beach Police Department.
The owner or operator shall apply for an excavation permit not later
than the end of the next succeeding day during which the department
of public works is open for business and shall not proceed with permanent
repairs without first obtaining an excavation permit.
k. Notice and Inspections. Twenty-four hours prior to the commencement
of work, the permittee shall notify the department of public works
and request that an inspector be present to observe the excavation
and restoration. All work shall be inspected and approved by the borough
engineer's office. The permittee shall also call for a utility markout
prior to undertaking any excavating activity.
l. Maintenance and Protection of Traffic. When vehicular or pedestrian
traffic or both are to be maintained within the scope of the project,
the contractor shall plan and carry out the work to provide for the
safe and convenient passage of such traffic in accordance with the
Uniform Traffic Safety Code.
When the construction involves improvement of an existing roadway,
the roadway shall be kept open to traffic unless otherwise approved
or shown on the plans.
The portion of the project which is opened to traffic shall
be kept in such condition that traffic is adequately accommodated.
Temporary approaches or crossings and intersection, and access to
trails, roadways, businesses, parking lots, residences, garages and
farms shall be provided and maintained in a safe condition. The owners
of adjoining properties shall be given a written notice at least 48
hours prior to the beginning of any work which interferes with owner's
normal passage.
The roadway shall not be closed to traffic without first notifying
the Union Beach Police Department a minimum 24 hours in advance. All
roadway closures are to be in accordance with the Union Beach Traffic
Safety Code. If it is determined by the Union Beach Police Department
that a traffic safety officer is required, all costs shall be the
responsibility of the permittee and the costs shall not be included
in the application fee or cash repair deposit.
[Ord. No. 630; Ord. No. 96-752; Ord. No.
2000-813; Ord. No. 2017-264]
a. All street excavation permits issued by the director of public works shall expire one year from the permit issuance date. Upon expiration, the applicant will be required to apply for a new permit, pay appropriate excavation permit fees, supplement (if required) any deficient repair deposits and shall furnish the director of public works satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of the excavation work and the period of excavation permit, public liability insurance in accordance with limits and conditions within subsection
12-1.3a.8 insurance.
b. Five-Year Restriction on Street Openings on Newly Paved Borough Streets.
1. Five-Year Restriction Notice. Whenever the Mayor and Council of the
Borough of Union Beach enact any ordinance or resolution providing
for the paving or repaving of a borough road, the public works director
may be required to promptly serve written notice thereof to each owner
of any sewer, main, conduit, or other utility in or under said borough
road and to the owner and tenants of any real property abutting the
said affected borough road.
2. Such notice shall notify such owner or tenant that no permit shall
be issued for openings, cuts, or excavations in said borough road
for a period of five years after the date of enactment of such ordinance
or resolution without written consent of the public works director.
Such notice shall also notify such owner and tenant that applications
for permits, for work to be done prior to such paving or repaving,
shall be submitted promptly in order that the work covered by the
permit may be completed not later than 45 days from the date of enactment
of such ordinance or resolution. If service of the notice cannot be
made by mail or personally, notice may be given by attaching a copy
thereof to the premises and by further posting signs at both ends
of the proposed construction or reconstruction.
3. The public works director may also be required to publish notice
of proposed paving or repaving of any borough road in one or more
newspapers circulating in the area where the work is proposed to be
done, notifying all owners and tenants that any excavation most be
completed not later than 45 days from the date of the enactment of
the borough ordinance or resolution authorizing the paving or repaving.
Within said 45 days, every public utility company receiving
notice as prescribed herein shall perform such excavation work, subject
to the provisions on this subsection, as may be necessary to install
or repair sewers, mains, conduits, or other utility installations.
In the event any owner or tenant of real property abutting said borough
road shall fail with said 45 days to perform such excavation work
as may be required to install or repair utility service lines or service
connections to the property lines, any and all rights of such owner
or his successors in interest to make openings, cuts or excavations
in said borough road, shall be forfeited for a period of five years
from the date of enactment of said ordinance or resolution. During
the said five-year period no excavation permit shall be issued to
open, cut, or excavate in said borough road unless the public works
director or borough engineer determines in writing that an emergency
exists which makes it absolutely essential that the excavation permit
be issued or that the said proposed work can be completed, with such
written conditions signed and agreed upon by the applicant and the
public works director or borough engineer may require, without undue
impairment of the paving or repaving completed.
[Ord. No. 630; Ord. No. 96-745; Ord. No.
2000-813; Ord. No. 2017-264]
The borough engineer, or in an emergency or on weekends, the
public work department or police department, shall make such inspections
as are reasonably necessary. The cost of such inspections will be
paid for by the application fee and the monies obtained from the street
excavation permit fee, which shall be used to defray these and other
administrative costs associated with the enforcement of this section.
The borough engineer, or in an emergency, or on weekends, the public
work department or police department, shall have the authority to
promulgate and cause to be enforced such rules and regulations as
may be reasonably necessary to enforce and carry out the intent of
this section.
[Ord. No. 630; Ord. No. 2000-813; Ord.
No. 2017-264]
Any person, corporation or other legal entity violating any of the provisions of this section shall be subject to the penalty as stated in Chapter
3, Section
3-1.
[Ord. No. 306; Ord. No. 2003-21; Ord.
No. 2017-264]
a. No person shall place any material in any gutters along any street
within the borough in any stoppage of drainage along these streets.
b. No person shall obstruct or damage any street surface without the
borough by spilling or throwing stones, or direct other materials
thereon.
c. No person shall divert surface or other waters, or pump any water
on any street within the borough, or do any act upon properties abutting
any street within the borough resulting in the spillage of water from
these properties to the streets, except in an unusual or emergency
situation, as determined by code enforcement official.
[Ord. No. 306; Ord. No. 2017-264]
Any person violating any of the provisions of this section shall be subject to a fine as stated in chapter
3. Section
3-1.
[Ord. No. 41; Ord. No. 2017-264]
The construction of concrete sidewalk, curbs, gutters and driveways
in the borough either by private parties or under borough contract
shall be in accordance with the New Jersey Department of Transportation
Standard Specification for Road and Bridge Construction 2007, Section
606 and 607 and the Standard Details on file in the office of the
public works director.
a. Dimensions and Construction.
1. Gutters shall be at least three feet wide and six inches thick, but
crossing streets shall be shallow and eight inches thick, reinforced.
2. Driveways shall be six inches thick, bottom at curb to be variable
above gutter. Curbs shall be six inches wide at top, eight inches
at bottom, and 18 inches deep, with batter on gutter side.
3. Sidewalks shall be at least four feet wide, and four inches thick
except in driveway crossings to be six inches thick reinforced; slope
toward curb one-quarter inches to foot.
4. All concrete shall be NJDOT Class "B."
Forms must be kept clean and free from warp; and concrete shall
be spaded and tamped until thoroughly consolidated and surplus mortar
covers surface, while top is yet soft it shall be brought to an even
surface to grade with metal float and edge rounded with edging tool.
Street corners shall be rounded with an eight-inch radius curb,
or greater. Transverse joints one-quarter inch wide shall be at intervals
of four feet on four foot sidewalks, and five feet on five foot walks
with expansion joints three-eighths inch thick in each side of sidewalk
on crossing driveways or paths, and every tenth joint in walk. Surfaces
must be floated with a wood float to rough finish.
b. Protection. All freshly finished concrete work shall be protected
from defacement or damage by suitable barriers and lighted at night.
It shall be covered five or more inches by straw or salt hay properly
moistened. Any work marred or defaced shall be replaced by contractor
without additional cost.
c. Inspection. The borough engineer, or in an emergency or on weekends,
the public work department or police department, shall make such inspections
as are reasonably necessary. The cost of such inspections will be
paid for by the application fee and the monies obtained from the street
excavation permit fee, which shall be used to defray these and other
administrative costs associated with the enforcement of this section.
The borough engineer or in an emergency, or on weekends, the public
work department or police department, shall have the authority to
promulgate and cause to be enforced such rules and regulations as
may be reasonably necessary to enforce and carry out the intent of
this section.
d. Penalty. Any person, corporation or other legal entity violating any of the provisions of this section shall be subject to the penalty as stated in Chapter
3, Section
3-1.
The owner or tenant of lands lying within the limits of the
borough is required to keep all brush, hedges and other plant life,
growing within 10 feet of any roadway and within 25 feet of the intersection
of two roadways, cut to a height of not more than 2 1/2 feet
where it shall be necessary and expedient for the preservation of
the public safety within 10 days after notice to cut the same. The
notice provided for in this subsection shall be in writing. It shall
be given to the owner or tenant by the superintendent of roads or,
in the case of lands on roads or highways maintained by the County
of Monmouth, by the Board of Chosen Freeholders or its duly designated
agent, either by delivering the same to the owner or tenant in person
or by mailing the same to the owner or tenant. If the notice is given
by mailing, it shall be mailed to the last known address of the owner
or tenant. In the event that there shall be no tenant on the property
or no known owner, sufficient notice shall be deemed to have been
given under this section by the posting of the notice on the lands
affected.
In the event such owner or tenant shall have refused or neglected
to cut the same in the manner and within the time provided above,
then the cutting in the manner provided above shall be made by or
under the direction of the superintendent of roads of the borough,
or, in his absence, the borough clerk. In the case of lands on roads
or highways maintained by the County of Monmouth, the work shall be
done by the Board of Chosen Freeholders.
In all cases where brush, hedges and other plant life are cut from any lands within the limitations of subsection
12-3.1 and under the terms of this section by or under the direction of the superintendent of roads or, in his absence, by the borough clerk, he shall certify the cost to the borough council which shall examine the certificate and, if found correct, shall cause the cost as shown to be charged against the lands, or in the event the cost is excessive to cause the reasonable cost to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the 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. The provisions of this subsection are expressly made in addition to any penalties provided in subsection 12-3.4.
Any person who shall violate any of the provisions of this section shall, upon conviction, be liable to the penalty as stated in Chapter
3, section
3-1.
[Ord. #196; Ord. #518; Ord. #2005-71; Ord. #2005-72; Ord.
#2006-80]
a. No person shall dump, throw or place any garbage, trash, debris,
or other waste material on any property within the limits of the borough
except as hereinafter provided;
b. No person whether as an owner, tenant, or otherwise, shall accumulate
or permit the accumulation of garbage, trash, debris, or other waste
material upon their property but shall promptly place the same for
removal by the garbage collector, if removable, by him, or shall otherwise
dispose of the same as provided.
c. As the terms are defined in subsection
11-9.1 of chapter
11 no person shall spill, dump or dispose of materials other than stormwater into the municipal separate storm sewer system operated by the Borough of Union Beach, nor shall any person spill, dump or dispose of materials other than stormwater in such a manner as to cause the discharge of pollutants into the municipal separate storm sewer system.
d. The prohibitions contained in paragraph c of this subsection shall
not apply to the following discharges:
1. Water line flushing and discharges from potable water sources;
2. Uncontaminated groundwater, e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters;
3. Air conditioning condensate, excluding contact and non-contact cooling
water;
4. Irrigation water, including landscape and lawn watering runoff:
5. Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows;
6. Residential car washing water, and residential swimming pool discharges;
7. Sidewalk, driveway and street wash water;
8. Flows from firefighting activities;
9. Flows from rinsing of the following equipment with clean water:
(a)
Beach maintenance equipment immediately following its use for
its intended purposes.
(b)
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications, provided
that prior to rinsing with clean water all residual salt and de-icing
materials must be removed from the equipment and vehicles to the maximum
extent practicable using dry cleaning methods, e.g., shoveling and
sweeping, and recovered materials are to be returned to storage for
reuse or properly discarded.
(c)
Rinsing of equipment as described in the above situation is
limited to exterior, undercarriage, and exposed parts and does not
apply to engines or other enclosed machinery.
Subject to the provisions of Chapter
8 of the State Sanitary Code, the mayor and council shall designate the location or site of a sanitary landfill with the approval of the local board of health.
Any person desiring to dump or otherwise dispose of any garbage, trash, debris, or other waste material in the sanitary landfill site so established may do so only after obtaining a license duly issued by the borough clerk and authorized by resolution of the mayor and council adopted at a regular meeting. The borough clerk shall provide application forms for the license upon which forms the applicant shall set forth in detail the manner in which he proposes to conform with the requirements of Chapter
8 of the State Sanitary Code. The sanitary inspector of the borough shall see to it that the provisions of Chapter
8 of the State Sanitary Code and of the borough health ordinances shall be complied with by the applicant in the dumping or disposal operation for which the license is issued.
There shall be a fee charged for the issuance of such license
payable to the borough of Union Beach. This fee shall be $5 per load
of five cubic yards or less, plus $1 for each additional cubic yard
per load in excess of five cubic yards. In his application, the applicant
shall set forth the estimated number of loads to be dumped or disposed
of, together with the estimated size of each load. In lieu of the
license fee, a special license, valid for one year from the date of
issuance, may be obtained for a fee of $75. This license shall be
valid for the dumping or disposal of an unlimited amount of garbage,
trash, debris, or other waste material but may be revoked at any time
for any violation of pertinent statutes, ordinances, or regulations.
a. Violations. This section shall be enforced by the Police Department
of the Borough of Union Beach, the board of health, or any other official
or officer of the Borough of Union Beach.
b. Penalties. Any person who is convicted of a violation of this section
shall be subject to a fine not less than $500 nor more than $2,000
and/or a term of imprisonment not to exceed 90 days or a period of
community service not exceeding 90 days, or both.
c. Each day that a violation shall continue to exist shall constitute
a separate offense.
a. On and after June 1, 1987, it shall be mandatory for all persons,
except those physically disabled, who are owners, lessees and occupants
of residential property in the Borough of Union Beach, to separate
newspapers, leaves, glass bottles and jars, and aluminum cans as hereinafter
defined from all other solid waste produced by such residence for
collection and ultimate recycling of said materials.
b. On and after April 1, 1988, it shall be mandatory for all persons
detailed in the preceding paragraph to additionally separate all tin
and bi-metal cans as hereinafter defined from all other solid waste
produced for collection and ultimate recycling of said materials.
c. On and after April 1, 1988, it shall be mandatory for all owners,
lessees, and occupants of business and industrial property and of
private, public and governmental institutions and buildings in the
Borough of Union Beach, to separate all newspapers, leaves, glass
bottles and jars, aluminum, tin and bi-metal cans, corrugated cardboard
and high grade paper from all other solid waste produced by said non-residential
establishments for collection and the ultimate recycling of said material.
All institutions and establishments covered by this subsection of
the section shall submit to the borough, a written record of the types
and amount of materials recycled each year. Such report shall be submitted
to the borough by February 1st of the year following the calendar
year for which information is required.
d. On and after October 1, 1988, it shall be mandatory for owners, lessees,
and occupants of residential, business and industrial property and
of private, public, and government institutions and buildings in the
Borough of Union Beach to separate all demolition materials from all
other solid waste produced for collection and ultimate recycling of
said materials.
e. On and after the adoption of this section, and in accordance with
existing State Regulations (N.J.A.C. 14A:3-11), all service stations,
oil retailers and motor vehicle re-inspection stations with "Used
Oil Holding Tanks" shall accept up to five gallons at a time of used
motor oil from individuals changing oil from cars, lawn mowers or
motorcycles, and shall post a sign informing the public that they
are a "Used Oil Collection Site."
As used in this section:
ALUMINUM
Shall include all disposable items made of aluminum, including
aluminum containers used for soda, beer or other beverages.
CORRUGATED CARDBOARD
Shall include cardboard of the type used to make cardboard
boxes, cartons, pasteboard and similar corrugated and craft paper
material.
DEMOLITION MATERIALS
Shall include all asphalt, concrete, tree stumps, brush,
land clearing debris, pallets, waste lumber and other materials generated
from construction and demolition projects.
GLASS
Shall include all products made from silica or sand, soda
ash and limestone; the product being transparent or translucent and
being used for packaging or bottling of various matters excluding
however, blue or flat glass commonly known as window glass.
HIGH GRADE PAPER
Shall include white and/or off white stationery, photocopy
and computer paper.
NEWSPAPERS
Shall be deemed to include paper of the type commonly referred
to as newsprint. Expressly excluded are all magazines, periodicals,
books, and paperbacks, as well as all other paper products of any
nature whatsoever.
SOLID WASTE
Shall include all garbage and rubbish normally produced by
the occupants of commercial, industrial, and residential property
and disposed of by private or public pick-up.
TIN AND BI-METAL CANS
Shall include all disposable items made of tin, steel, or
a combination of metals including containers commonly used for the
storage of food products.
[Ord. No. 511, § 3; Ord. No. 520, § 3]
Recyclable material as defined herein shall be the property
of the Borough of Union Beach, once placed on the curbside or brought
to a drop-off center. It shall be a violation of this section for
any person unauthorized by the borough council to pick up or cause
to be picked up, said recyclable material as defined herein. Each
such collection in violation hereof, shall constitute a separate and
distinct offense punishable as hereinafter provided.
[Ord. No. 511, § 4; Ord. No. 520, § 4; Ord. No. 96-761]
a. Anything herein to the contrary notwithstanding any person, partnership
or corporation who is owner, lessee or occupant of a residential or
nonresidential property, may donate or sell said recyclable material
as defined herein, to any person, partnership or corporation, whether
or not operating for profit. Said person, partnership or corporation
however, shall not pick up said recyclable materials at curbside or
at a municipal drop-off center.
b. The recycling coordinator is hereby authorized and directed to establish
and promulgate reasonable rules and regulations for the administration
and publication of the procedures and as to the manner, days, and
times for the collection of recyclable materials provided for by this
section, subject to the approval of and subsequent adoption by resolution
of the borough council.
c. The construction code official shall issue construction and/or demolition
permits only after the applicant has identified disposal and recycling
arrangements. The applicant shall provide appropriate records documenting
the quantity and disposition of all materials. A deposit of $50 shall
be required upon the issuance of a construction and/or demolition
permit and held until such time as documentation of the quantity and
disposition of all materials is provided to the satisfaction of the
construction official. The construction code official shall have the
discretion to grant exceptions to small quality generators engaged
in minor improvements.
[Ord. No. 511, § 5; Ord. No. 520, § 5; Ord. No. 96-761; Ord. No. 2006-80]
a. Violations. This section shall be enforced by the recycling coordinator,
the Police Department of the Borough of Union Beach, the board of
health, or any other official or officer of the Borough of Union Beach.
b. Penalties. Any person who is convicted of a violation of this section
shall be subject to a fine not to exceed $2,000 and/or a term of imprisonment
not to exceed 90 days or a period of community service not exceeding
90 days, or both.
c. Each day that a violation shall continue to exist shall constitute
a separate offense.
[Ord. No. 2006-78; Ord. No. 2007-101; Ord.
No. 2017-256]
No person shall place a dumpster, waste container or storage
container on or adjacent to property without first having obtained
a permit. The Construction Official shall not issue a construction
or demolition permit unless the applicant has identified the manner
of the disposal or recycling of the debris/waste to be generated by
the construction and/or demolition. If dumpster(s), waste container(s),
and/or storage container(s) will be necessary to store and remove
the debris/waste or stored goods, and/or equipment, the applicant
shall first obtain a "dumpster" permit from the Department of Public
Works. A copy of each "dumpster" permit issued by the Department of
Public Works shall be forwarded to the Borough Clerk, Construction
Official and Police Department.
[Ord. No. 2006-78; Ord. No. 2007-101; Ord.
No. 2017-256]
The fee for a "dumpster" permit shall be $30 per dumpster/waste
container and/or storage container payable to the Borough of Union
Beach. After removal of the dumpster/waste container and/or storage
container, the applicant must provide written proof of compliance
with all requirements of this section and other ordinances along with
all other applicable statutes and regulations.
[Ord. No. 2006-78; Ord. No. 2007-101; Ord.
No. 2017-256]
The "dumpster" permit must be placed by the applicant in a conspicuous
location on or about the dumpster/waste container and/or storage container.
Dumpster(s)/waste container(s) and/or storage container(s) shall not
be placed in a street and/or public right-of-way without the approval
of the Traffic and Safety Officer of the Union Beach Police Department.
Any dumpster/waste container and/or storage container placed in the
street and/or public right-of-way will be required to have reflective
devices placed on all corners of the dumpster/waste container and/or
storage container and cones along the front, back and sides facing
the street. It will be the responsibility of the applicant to maintain
the safety apparatus for the duration of the permit. No dumpster/waste
container and/or storage container shall remain on any street or right-of-way
for more than 30 days after the issuance of the "dumpster" permit.
It will be the responsibility of the applicant to protect street surfaces,
curbs, sidewalks and other public facilities to avoid damage caused
by the placement of the dumpster/waste container and/or storage container.
[Ord. No. 2006-78; Ord. No. 2007-101; Ord.
No. 2017-256]
Damage caused by the placement of the dumpster/waste container and/or storage container to street surfaces, curbs, sidewalks and other public facilities will be the responsibility of the applicant to repair. The cost of inspecting and approving the repair shall be a lien upon the property serviced by the dumpster/waste container and/or storage container. Any dumpster/waste container and/or storage container which remains on a public street or right-of-way for more than 30 days or for which the proper safety apparatus is not maintained will be subject to removal by the Borough and the cost of such removal shall be a lien upon the property serviced by the dumpster/waste container and/or storage container. These civil remedies are in addition to and supplementary to fines and penalties imposed pursuant to subsection
12-7.5.
[Ord. No. 2006-78; Ord. No. 2007-101; Ord.
No. 2017-256]
a. Violations. This section shall be enforced by the Department of Public
Works, the Police Department of the Borough of Union Beach, the Union
Beach Code Enforcement Bureau, the Board of Health, or any other official
or officer of the Borough of Union Beach.
b. Penalties. Any person who is convicted of a violation of this section
shall be subject to a fine not to exceed $2,000 and/or a term of imprisonment
not to exceed 90 days or a period of community service not exceeding
90 days, or both.
c. Each day that a violation shall continue to exist shall constitute
a separate offense.
[Added 12-15-2022 by Ord.
No. 2022-320]
No municipal street, roadway or right-of-way shall be closed
for any special event without first receiving a permit issued by the
Borough's designee. A special event may be a street fair, block party,
or any other private or public function that requires the closure
of a public street under the Borough's jurisdiction.
[Added 12-15-2022 by Ord.
No. 2022-320]
Applications for street closings for special events may be obtained
from the Borough Clerk's office, and must be filed at least three
full weeks prior to the scheduled event. The application form utilized
may be developed and periodically amended by Borough Council in consultation
with the Borough Administrator, Borough Clerk, Director of Public
Works and Borough Attorney, but must minimally require the following:
a. Names and contact information of the organizers of the special event,
who shall be the responsible parties;
b. Location of the special event with diagram or sufficient description
of area of street to be closed, along with a description of the nature
of the event and any equipment or amenities (chairs, tables, grills,
tents, stages, bounce houses, etc.) that may be placed within the
closed street;
c. The proposed times of the special event and time required for the
street closure, including setup and take down (no more than eight
hours);
d. A representation by the responsible parties that they have or will
provide a minimum of three weeks' notice to the neighbors immediately
affected by the area of the street to be closed, with a copy of such
notice being provided with the application;
e. If the special event involves any incorporated entity or vendor,
a certificate of insurance must be provided naming the Borough as
an additional insured in a form satisfactory to the Borough; and
f. All organizers of special events seeking a street closing, regardless
of whether an incorporated entity or individual(s), must execute a
hold harmless agreement included with their application.
[Added 12-15-2022 by Ord.
No. 2022-320]
Any application may be granted or denied at the discretion of
the Borough's designee, based on any number of factors, such as, but
not necessarily limited to:
a. The impact that the street closure may have on access for emergency
services;
b. The traffic impacts the street closure may have in the area of the
special event;
c. Significant objections from affected neighbors;
d. The public resources required to ensure the safety of the event participants
and drivers on municipal roadways; and/or
e. Failure to agree to any of the conditions imposed upon issuance of
a street closing permit by the Borough, Chief of Police or their designee.
[Added 12-15-2022 by Ord.
No. 2022-320]
This section shall not apply to road construction addressed
by other ordinances, running or bicycle races, and public marches
or protests that are not stationary in nature requiring only temporary
street closures.
[Added 12-15-2022 by Ord.
No. 2022-320]
Any person, corporation or other legal entity violating any provisions of this section shall be subject to penalty as stated in Chapter
3, §
3-1 of the Code of the Borough of Union Beach.
[Added 4-18-2024 by Ord.
No. 2024-337]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately owned), including residences, in the
Borough of Union Beach to protect the environment, public health,
safety and welfare, and to prescribe penalties for failure to comply.
[Added 4-18-2024 by Ord.
No. 2024-337]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
DE-ICING MATERIALS
Means any granular or solid material such as melting salt
or any other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
Means a permanent building or permanent structure that is
anchored to a permanent foundation with an impermeable floor, and
that is completely roofed and walled (new structures require a door
or other means of sealing the access way from wind driven rainfall).
A fabric frame structure is a permanent structure if it meets the
following specifications:
a.
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
b.
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
c.
The structure shall be erected on an impermeable slab;
d.
The structure cannot be open sided; and
e.
The structure shall have a roll up door or other means of sealing
the access way from wind driven rainfall.
PERSON
Means any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
RESIDENT
Means a person who resides on a residential property where
de-icing material is stored.
[Added 4-18-2024 by Ord.
No. 2024-337]
a. Temporary outdoor storage of de-icing materials in accordance with
the requirements below is allowed between October 15th and April 15th:
1. Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
2. Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, ditches and/or other stormwater conveyance
channels;
3. Loose materials shall be maintained in a cone-shaped storage pile.
If loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
4. Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind;
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile;
(f)
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used;
(g)
Containers must be sealed when not in use; and
(h)
The site shall be free of all de-icing materials between April
16th and October 14th.
b. De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 -April 15.
c. All temporary and/or permanent structures must also comply with all
local ordinances, including building and zoning regulations.
d. The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this ordinance are met. Inspection records shall be kept on site
and made available to the municipality upon request.
1. Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
[Added 4-18-2024 by Ord.
No. 2024-337]
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection
12-9.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
[Added 4-18-2024 by Ord.
No. 2024-337]
This section shall be enforced by the Union Beach Code Enforcement
official during the course of ordinary enforcement duties.
[Added 4-18-2024 by Ord.
No. 2024-337]
Any person(s) who is found to be in violation of the provisions
of this section shall have 72 hours to complete corrective action.
Repeat violations and/or failure to complete corrective action shall
result in fines as follows:
a. Any person who violates any provision of this section shall, upon
conviction thereof in Municipal Court, be punishable by imposition
of a fine not less than $100 nor more than $2,000.
b. Each instance of engaging in a separate regulated activity, in violation
of this section shall be deemed a separate offense.
c. In addition, the Borough may institute civil action for injunctive
or other relief to enforce the provisions of this section.
[Added 4-18-2024 by Ord.
No. 2024-338]
An ordinance to establish requirements for tree removal and
replacement in the Borough of Union Beach to reduce soil erosion and
pollutant runoff, promote infiltration of rainwater into the soil,
and protect the environment, public health, safety and welfare.
[Added 4-18-2024 by Ord.
No. 2024-338]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The use of the word "shall" means
the requirement is always mandatory and not merely directory.
APPLICANT
Means any "person," as defined below, who applies for approval
to remove trees regulated under this ordinance.
CRITICAL ROOT RADIUS (CRR)
Means 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 six inches DBH would have a CRR = six inches by 1.5
feet equals nine feet.
DIAMETER AT BREAST HEIGHT (DBH)
Means 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.
HAZARD TREE
Means a tree or limbs thereof that meet one or more of the
criteria below. Trees that do not meet any of the criteria below and
are proposed to be removed solely for development purposes are not
hazard trees.
a.
Has an infectious disease or insect infestation;
c.
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
d.
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
e.
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or Licensed Tree Expert (LTE).
PERSON
Means any individual, resident, corporation, utility, company,
partnership, firm, or association.
PLANTING STRIP
Means the part of a street right-of-way between the public
right-of-way adjacent to the portion of the street reserved for vehicular
traffic the abutting property line and the curb or traveled portion
of the street, exclusive of any sidewalk.
RESIDENT
Means an individual who resides on the residential property
where a tree(s) regulated by this ordinance is removed or proposed
to be removed.
STREET TREE
Means a tree planted in the sidewalk, planting strip, and/or
in the public right-of-way adjacent to 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.
TREE
Means 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.
TREE CALIPER
Means the diameter of the trunk of a young tree, measured
six inches from the soil line. For young trees whose caliper exceeds
four inches, the measurement is taken 12 inches above the soil line.
TREE REMOVAL
Means to kill or to cause irreparable damage that leads to
the decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, over-mulching 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.
Removal does not include responsible pruning and maintenance of a
tree, or the application of treatments intended to manage invasive
species.
[Added 4-18-2024 by Ord.
No. 2024-338]
a. Application Process.
1. Any person planning to remove a street tree with DBH of 2.5 inches
or more or any non-street tree with DBH of six inches or more on their
property shall submit a Zoning Floodplain Development Application
to Construction Department. No tree shall be removed until municipal
officials have reviewed and approved the removal.
2. Applicants will be subject to an application fee as follows:
(a)
Residential lot: $15 per tree up to a maximum $300.
(b)
New residential subdivisions: $15 per tree up to a maximum of
$600 per acre.
(c)
All other properties: $15 per tree up to a maximum of $600 per
acre.
b. 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 subsection
12-10.4, shall be subject to the requirements of the Tree Replacement Requirements Table below.
2. Any person, other than a resident, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under subsection
12-10.4, shall be subject to the requirements of the Tree Replacement Requirements Table below. The number of trees is a rolling count across a five-year period.
3. The selection of plant species to be used shall be appropriate in
terms of function and size and shall be hardy for the climatic zone
in which the Borough is located. Consideration shall be given to the
soil condition, availability of water, exposure to sunlight and other
existing conditions. The types of replacement tree shall be approved
by the Borough prior to installation.
4. 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;
5. Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the Borough;
6. 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
7. Shall not be planted in temporary containers or pots, as these do
not count towards tree replacement requirements.
Tree Replacement Requirement Table
|
---|
Trees to Be Removed Caliper
|
Number of Replacement Trees
|
Caliper of Replacement Tree
|
Value of Replacement Tree
|
---|
Greater than 6 inch & up to 12 inches
|
1 tree per tree removed
|
2-2 1/2 inch
|
$240 per tree
|
Greater than 12 inch & up to 18 inches
|
2 trees per tree removed
|
2-2 1/2 inch
|
$440 per tree
|
Greater than 18 inch & up to 24 inches
|
2 trees per tree removed
|
3 inches
|
$840 per tree
|
Greater than 24 inches
|
4 trees per tree removed
|
3 inches
|
$1,840 per tree
|
c. Replacement Alternatives.
1. If the Borough 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:
(a)
Plant replacement trees in a separate area(s) approved by the
Borough.
(b)
Pay a fee as outlined above in the Tree Replacement Requirement
Table. This fee shall be placed into a fund dedicated to tree planting
and continued maintenance of the trees.
[Added 4-18-2024 by Ord.
No. 2024-338]
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 Borough by all persons claiming
an exemption. The justification shall include, but not limited to,
photos or statement from a NJ Licensed Certified Tree Expert (CTE)
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;
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 Borough;
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 cleanup, 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.
[Added 4-18-2024 by Ord.
No. 2024-338]
This section shall be enforced by the Union Beach Code Enforcement
official during the course of ordinary enforcement duties.
[Added 4-18-2024 by Ord.
No. 2024-338]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine in the amount of the value
of the tree replacement outlined in the Tree Replacement Requirement
Table above.