[1973 Code § 4-4.1; Ord. No. 10-1992; Ord. 19-2005 § II]
As used in this section:
shall mean combustible and noncombustible waste materials,
including but not limited to the residue from the burning of wood,
coal, and other combustible materials; the term shall also include
but is not limited to household garbage, litter, paper, rags, cartons,
boxes, wood, excelsior, rubber, plastic, leather, dead and dying trees,
stumps, roots, obnoxious growths, yard trimmings, tin cans, metals,
mineral matter, glass, crockery, aluminum, automobile parts, tires,
dust and other similar materials.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing State, county,
or municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
shall include but is not limited to all grasses, annual plants
and vegetation other than trees, shrubs or wetlands; this term shall
not be interpreted to include cultivated flowers and gardens.
shall mean leaves only.
[Ord. No. 19-2005 § III]
Sweeping, raking, blowing or otherwise placing yard waste at
the curb or along the street is only allowed during the seven (7)
days prior to a scheduled and announced collection, and shall not
be placed closer than ten (10) feet from any storm drain inlet. Placement
of such yard waste at the curb or along the street at any other time
or in any other manner is a violation of this section. If such placement
of yard waste occurs, the party responsible for placement of yard
waste must remove the yard waste from the street or said party shall
be deemed in violation of this section.
Grass clippings are not picked up the Township. Residents may
either leave the grass clippings on their lawn or take the clippings
to the Grass Drop Off Center at the Monmouth County Reclamation Center
located on Asbury Avenue in Tinton Falls. Call 732-918-0142 for drop
off times. There is a fee for this service.
Brush and branches are not picked up by the Public Works Department.
They are picked up by the garbage hauler. All brush and branches must
be tied in small bundles no longer than four (4) feet and each branch
should not be wider than three (3) inches in diameter. Only two (2)
bundles will be picked up with each regular garbage pickup. Scheduled
garbage and recyclable pickup times are available in the Township's
calendar and on the website. All brush and branches that do not comply
with the above limitations shall constitute a violation of this section.
[1973 Code § 4-4.2; Ord. No. 10-1992]
Whenever it shall appear necessary and expedient to the Township
Manager for the preservation of the public health, safety, general
welfare, or to eliminate a fire hazard, to remove from lands lying
within the limits of the Township debris, brush, weeds and plant growth
in excess of ten (10) inches, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage and trash, the Township Manager
or such other officer of the Township as the Township Manager may
designate from time to time, shall cause notice to be given to the
owner, tenant, occupants or person in control of such lands, and the
owner, tenant, occupants or persons in control of the property shall,
within ten (10) days after receipt of this notice remove the items
and maintain the property in accordance with the provisions of this
section. This notice shall be delivered either in person or sent by
certified mail, return receipt requested. If the certified or registered
letter is returned to the Township with receipt showing that it has
not been delivered, then a copy of the notice shall be posted in a
conspicuous space at the property in question. The notice shall inform
the owner, tenant, occupants or person in control of such lands of
the obligation to comply with this section, as well as the obligation
by the Township to act to protect the public health, safety and general
welfare upon a determination of noncompliance with its provisions.
[1973 Code § 4-4.3; Ord. No. 10-1992; New]
a.
A violation of this section shall subject the person upon conviction
to one or more of the following: imprisonment for a period not to
exceed ninety (90) days; a fine not to exceed two thousand ($2,000)
dollars or to a period of community service not to exceed ninety (90)
days. Such penalties shall be applicable regardless of the number
of convictions for violation of this particular section.
b.
In addition to the penalties set forth above, pursuant to the provisions
of N.J.S.A. 40:49-5, a person violating this section within one (1)
year of the date of the previous violation of this section, and who
was fined or penalized for the previous violation shall be sentenced
by a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than one hundred ($100) dollars nor more than two thousand
($2,000) dollars and shall be calculated separate and apart from the
fine imposed for the repeated violation of this section.
[1973 Code § 4-4.4; Ord. No. 10-1992]
In cases where the owner, tenant, occupants or person in control
of any such lands refuses or neglects to remove the debris, brush,
weeds, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage and trash after notice has been received as provided above,
and in the manner required by the Township, the same may be removed
by or under the direction of the Township Manager or such other officer
of the Township as the Township Manager may designate.
[1973 Code § 4-4.5; Ord. No. 10-1992]
In cases where the aforesaid debris, brush, weeds, dead and
dying trees, stumps, roots, obnoxious growths, filth, garbage and
trash are removed from any lands as provided for herein, by or under
the direction of the Township Manager or such other officer as the
Township Manager may designate, the Township Manager or such other
officer shall certify the cost thereof to the Township Council who
shall examine the certificate and, if found correct, shall cause the
cost as shown on the certificate to be charged against the lands.
The amount so charged shall become a lien upon such lands and shall
be added to and become and form a part of the taxes next to be assessed
and levied upon such lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officers
and the same manner as taxes, as provided for pursuant to the provisions
of N.J.S.A. 40:48-2.14.
[1973 Code § 4-14.1; Ord. No. 24-1982]
The sidewalk and curb shall be kept in good maintenance and
repair by the owner or owners of the property in front of which the
sidewalk and curb are located.
[1973 Code § 4-14.2; Ord. No. 24-1982]
In accordance with the notice procedures provided in subsection 13-2.3, any sidewalk or curb on any public street which is out of line or grade, or broken or out of repair, or is otherwise in need of construction or repair shall be relaid to line or grade or the broken portions thereof shall be repaired or reconstructed by the owner or owners of the land in front of which any such improvement, reconstruction or repair is to be made. This subsection shall not apply to any sidewalk or curb during the period it is covered by a performance or maintenance bond.
[1973 Code § 4-14.3; Ord. No. 24-1982]
Whenever the Township Engineer or Director of Public Works/Engineer
determines that such sidewalk or curb work is necessary, he shall
cause notice thereof, duly signed by himself, to be served upon such
owner or owners directing him to do the work within sixty (60) days
after service of the notice. The notices shall specify in sufficient
detail the character of the improvement, reconstruction or repair
to be made. It shall set forth a description of the property affected
sufficiently definite to identify the same and shall otherwise comply
with the requirements of N.J.S.A. 40:65-1, etc., for such cases made
and provided. The notice shall give opportunity to such owner or owners
to be heard and to offer satisfactory reasons to the Township Engineer
or Director of Public Works/Engineer, as the case may be, why such
work should not be done. Service of the notice and proof of service
thereof shall be made in accordance with the requirements of N.J.S.A.
40:65-1, etc.
[1973 Code § 4-14.4; Ord. No. 24-1982]
If, in the absence of any good and sufficient reason why such
work should not be done, the owner fails to make such improvement,
reconstruction or repair within sixty (60) days after service of the
notice aforesaid, then the Township Engineer or Director of Public
Works/Engineer may have the work done at the cost and expense of the
owner or owners, and he shall keep an accurate account of the cost
thereof. The cost thereof shall be assessed against the owner or owners
of the land in front of the improvement or repair, and a report thereof
shall be filed with the Township Clerk. The Governing Body, after
notice to the owner or owners, shall confirm the report and file it
with the Tax Collector. Such sidewalk or curb assessment shall bear
interest from the time of confirmation and shall be a lien on the
real estate assessed and shall be collected in the same manner as
taxes and other legal assessments.
[1973 Code § 4-14.5; Ord. No. 24-1982]
a.
It shall be unlawful for any person to place or cause to be placed
in or upon any public sidewalk, street or other form of public easement
any object, thing or obstruction of any kind in such manner as to
interfere with the use of the easement by the general public.
b.
The provisions of paragraph a. of this subsection shall particularly
apply but shall not be limited to boxes, crates, displays of merchandise
or produce, carts and the like.
c.
Persons who store vehicles or apparatus of any nature which either
encroach directly upon a public sidewalk or parts of which project
over the sidewalk shall be deemed to be in violation of this section.
d.
Articles placed in the easement in the course of the making of commercial
pickups or deliveries shall be excepted from the provisions of this
subsection; provided, that such articles shall be removed from the
easement within a reasonable time.
[1973 Code § 4-14.6; Ord. No. 24-1982]
The making, lighting, starting or maintenance of any fire upon
any street, roadway or curb improved with asphalt, bituminous substance
or any substance other than natural earth, gravel or sand is hereby
prohibited.
[1973 Code § 4-14.7; Ord. No. 24-1982]
The owner or tenant of any land abutting upon a public highway,
street and avenue in the Township shall remove all grass, weeds, hedges,
bushes, low hanging branches and other impediments from the abutting
sidewalks, sidelines or gutters of such highways within three (3)
days after written notice to remove the same, and shall remove all
grass, weeds, hedges, bushes, low hanging branches and other impediments
from the portion of any public highway, street or avenue which shall
be a hindrance to or obstruct the view of operators of vehicles using
such public highway, street or avenue, within three (3) days after
written notice to remove same.
[1973 Code § 4-14.8; Ord. No. 24-1982]
The written notice provided in subsection 13-2.7 for directing the removal of grass, weeds, hedges, bushes, low hanging branches or other impediments shall be prepared by the Director of Public Works over his signature and shall identify the lands abutting on the highways, streets or avenues and shall contain a short statement relating in detail and identifying such grass, weeds, hedges, bushes, low hanging branches or other impediments which are directed to be removed. Such notice shall also contain a statement that the violation of the terms of such section is punishable by fine.
Such notice may be served upon the owner or tenant, resident
of the Township in person, or by leaving the same at his house or
place of residence with a member of his family above the age of fourteen
(14) years. In case any such owner shall not reside in the Township,
such notice may be served upon him personally or mailed to his last
known post office address or it may be served upon the occupant of
the property, or upon the agent in charge thereof. In case the owner
of any such property is unknown or service cannot for any reason be
made as above directed, notice thereof shall be published at least
once in a newspaper circulating in the Township and a copy of the
notice shall be posted in a conspicuous place upon the premises.
[1973 Code § 4-14.9; Ord. No. 24-1982]
If the owner or tenant of any land abutting upon a public highway, street and avenue of the Township shall violate the provisions of subsection 13-2.8, the Director of the Department of Public Works may remove all of grass, weeds, hedges, bushes, low hanging branches or other impediments and after such removal, the Superintendent of Streets shall certify the costs thereof to the Mayor and Township Council, which shall examine the certificate, and if found correct, shall cause the costs as shown thereon to be charged against the lands abutting on the public highway, street and avenue. The amount so charged shall become a lien upon such lands and shall be assessed and levied upon such lands, shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers in the same manner as taxes.
[1973 Code § 11-3.1; Ord. No. 20-1986 § 1; Ord. No. 17-1988; Ord. No. 4-2012 § 1]
The "2009 International Property Maintenance Code" as published
by the International Code Council, Inc., is hereby adopted as the
Property Maintenance Code of the Township of Aberdeen in the State
of New Jersey; for the control of buildings and structures as therein
provided; and each and all of the regulations of the "2009 International
Property Maintenance Code" are hereby referred to, adopted and made
a part hereof, as if fully set out in this chapter, save and except
such portions as are hereinafter deleted, added, changed or supplemented.
Three (3) copies of the same are on file in the office of the Township
Clerk.
Any and all references to the BOCA National Existing Structures Code/1987 in this Chapter 13 of the Revised General Ordinances of the Township of Aberdeen shall now automatically refer to, and incorporate, the 2009 International Property Maintenance Code.
[1973 Code § 11-3.2; Ord. No. 20-1986 § 2]
Any and all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
[1973 Code § 11-3.3; Ord. No. 20-1986 § 3]
Nothing in this section or in the Basic Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquitted, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in subsection 12-3.2 of this section; nor shall any just or legal right or remedy or any character be lost, impaired or affected by this section.
[2007 Code § 12-2.2; Ord. No. 4-2012 § 2]
The following provisions of the "2009 International Property
Maintenance Code" are hereby deleted, added, changed or supplemented
to read as follows:
Section 111 Right of Appeal. There is hereby appointed an appeal
official who shall be the Township Manager.
Any owner or person who is aggrieved with the ruling or decision
of the Enforcing Officer, in any matter relative to the interpretation
or enforcement of any of the provisions of the Housing Code may appeal
the decision or interpretation to the Township Manager.
The appeal must be filed with the Township Manager in writing,
requesting a hearing and setting forth a brief statement of the grounds
therefor within twenty (20) days after receipt of the ruling or decision
of enforcing officer.
Upon receipt of such petition, the Township Manager shall set
a time and place for a hearing and shall give the petitioner notice
thereof. At such hearing, the petitioner shall be given an opportunity
to be heard, and to show cause why such ruling or decision of the
Enforcing Officer should be modified or withdrawn.
After such hearing, the Township Manager shall sustain, modify,
or withdraw the ruling or decision of the Enforcing Officer depending
upon his findings as to whether the provisions of this subsection
and of any rules and regulations adopted pursuant thereto have been
complied with.
The proceedings of such hearing, including the findings and
decisions of the Township Manager, shall be summarized, reduced to
writing and entered as a matter of public record in the office of
the Building Department. Such record shall also include a copy of
every notice or order issued in connection with the matter. Any person
aggrieved by the decision of the Township Manager may seek relief
therefrom in any court of competent jurisdiction, as provided by the
laws of the State of New Jersey.
Whenever the Township Manager finds that an emergency exists,
which requires immediate action to protect the public health, he may,
without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as he deems
necessary to meet the emergency. Notwithstanding any other provisions
of this subsection, such order shall be effective immediately. Any
person to whom such order is directed shall comply therewith immediately
but, upon written petition to the Township Manager, shall be afforded
a hearing within forty-eight (48) hours. After such hearing, depending
upon his findings as to whether the provisions of this subsection
and of any rules and regulations adopted pursuant thereto have been
complied with, the Township Manager shall continue such order in effect,
or modify it, or revoke it.
[Former subsection 13-3.5, Licensing, previously codified
herein and containing portions of 1973 Code § 11-3.5, Ord. No. 20-1986, Ord.
No. 17-1988, Ord. No. 10-1999 and Ord. No. 37-2005 was
repealed in its entirety by Ordinance No. 4-2012.]
[Added 10-20-2015 by Ord.
No. 15-2015]
a.
Duty of Owners.
1.
It shall be the duty of the owner of any residential lot, parcel
of land or real property in the Township abutting or bordering on
the sidewalks of a public street to remove or cause to be removed
all snow and ice from the sidewalk area in front of or bordering upon
the owner's lands within 24 hours of the cessation of any storm or
fall of snow or ice, as determined by the Director of the Department
of Public Works, based upon a reasonably objective standard, such
as the National Weather Service reports. Said snow or ice shall be
so removed so that an unobstructed portion of the sidewalk area is
open and cleared to a width of at least three feet.
2.
It shall be the duty of the owner or operator of any nonresidential
lot, parcel of land or real property in the Township abutting or bordering
on the sidewalks of a public street to remove or cause to be removed
all snow and ice from the sidewalk area in front of or bordering upon
the owner's lands within 12 hours of the cessation of any storm or
fall of snow or ice, as determined by the Director of the Department
of Public Works, based upon a reasonably objective standard, such
as the National Weather Service reports. Said snow or ice shall be
so removed so that an unobstructed portion of the sidewalk area is
open and cleared to a width of at least three feet. The owners of
any premises used for any nonresidential purposes shall, in addition
to the removal of snow and ice on sidewalks, remove or cause to be
removed any and all snow and ice from parking lots, walkways and any
other areas used by their customers or employees.
3.
It shall be the duty of the owner or operator of any parking lot
which is open to the public or to which the public is invited and
which contains special parking spaces for the use of persons who have
been issued a placard or wheelchair symbol license plates pursuant
to N.J.S.A. 39:4-204 et seq., to be responsible for assuring that
access to these special parking spaces and to curb cuts or other improvements
designed to provide accessibility for handicapped persons is not obstructed.
(a)
If snow or ice is obstructing such special parking space, curb cut
or other improvement designed to provide accessibility for the handicapped
on a residential lot, same shall be removed within 24 hours of the
cessation of any storm or fall of snow or ice, as determined by the
Director of the Department of Public Works, based upon a reasonably
objective standard, such as the National Weather Service reports.
(b)
If snow or ice is obstructing such special parking space, curb cut
or other improvement designed to provide accessibility for the handicapped
on a nonresidential lot, same shall be removed within 12 hours of
the cessation of any storm or fall of snow or ice, as determined by
the Director of the Department of Public Works, based upon a reasonably
objective standard, such as the National Weather Service reports.
4.
Ice which is so frozen as to make removal impractical shall either
be treated with rock salt or other chemicals which will thaw the ice
sufficiently to permit removal or be thoroughly covered with sand,
ashes or cinders.
5.
In the case of condominium developments, the condominium association
may designate, in writing, primary and secondary walkways which shall
be subject to the review and approval of the Department of Public
Works. Any walkways not specifically designated in writing and approved
as secondary walkways shall be presumed to be primary walkways. Snow
shall be removed from all primary walkways within 24 hours and shall
be removed from all secondary walkways within 72 hours of the cessation
of any storm or fall of snow or ice as determined by the Director
of the Department of Public Works, based upon a reasonably objective
standard, such as the National Weather Service reports, and, if same
cannot be wholly removed from such primary and secondary walkways,
sand, salt or other proper substance shall be sprinkled thereon so
that such primary and secondary walkways shall be safe for travel.
b.
The Director of the Department of Public Works, or his designee,
shall be primarily charged with the enforcement of the provisions
of this section with respect to public streets and shall cause prosecutions
for violations thereof to be instituted before the Judge of the Municipal
Court with all reasonable dispatch. In addition, the Director of the
Department of Public Works and the Police Department shall have concurrent
authority to enforce the provisions of this section with respect to
public streets. The Director of the Department of Public Works, or
his designee, shall be primarily charged with the enforcement of the
provisions of this section with respect to private property and commercial,
industrial and multifamily properties and shall cause prosecutions
for violations thereof to be instituted before the Judge of the Municipal
Court with all reasonable dispatch. In addition to the Director of
the Department of Public Works, and/or his designee, and the Police
Department shall have concurrent authority to enforce the provisions
of this section with respect to private property and commercial, industrial
and multifamily properties. The applicable enforcement authority or
any department with concurrent enforcement authority shall not be
required to serve a violation notice or like correspondence to violators
of the provisions of this section and shall have the right to immediately
issue summonses to any violators of the provisions of this section.
c.
In cases where the owner has failed and/or refused to remove said
snow and/or ice or has failed to provide for the covering of any icy
patches within the time frames provided by this section, the applicable
enforcement authority or his designee shall have the power to cause
the said snow or ice to be removed or covered, as the case may be,
the sole cost and expense of which shall be borne by the owner, which
shall be a lien against the property collectible in the same manner
as real property taxes.
[Added 3-17-2022 by Ord.
No. 2-2022]
The purpose of this section is to preserve and protect private
and public property from the damaging spread of bamboo and other invasive
plants and to protect indigenous plants and the wildlife they support
from the spread of invasive plants from any neighboring property line.
[Added 3-17-2022 by Ord.
No. 2-2022]
As used in this section, the following terms shall have the
meanings indicated:
A distance of at least five feet from any lane, street or
road, whether public or private, or from any neighboring property,
whichever is more restrictive for the property owner.
All native and nonnative vines and vegetation, including,
but not limited to, ragweed, multiflora rose and kudzu vine, that
grow out of place and are competitive, persistent, and pernicious.
These plants may damage trees, vegetation or structures.
Any written notice by, from or on behalf of the Township,
notifying the 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
Township. A copy may also be posted on the property in question.
Any property owner(s) or tenant(s) who, or which, have running
bamboo or invasive plants on their property, even if the bamboo or
invasive plant has spread onto their property from an adjoining property.
All vegetation known as "Reynoutria japaonica," "Fallopia
japonica," and/or "Polygonum cuspidatum" (commonly known as "Japanese
knotwood") and "Ailantus altissima" (commonly known as "Tree of Heaven").
Receipt of the notice required herein shall be the date of
mailing said notice, or, if applicable, posting of the notice of the
property in question, whichever is earlier.
Any monopodial (running) wood 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.
The Township of Aberdeen, Monmouth County, New Jersey.
[Added 3-17-2022 by Ord.
No. 2-2022]
a.
No Planting of Running Bamboo.
1.
The planting of running bamboo is prohibited within the Township.
2.
Any existing running bamboo may not be replanted or replaced after
any such existing running bamboo has died or been removed.
3.
Any person who plants or replants running bamboo within the Township
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:
(a)
The root system of such running bamboo is entirely contained
within an aboveground planter and located so as to entirely prevent
the spread or growth of the plants' root system beyond the container
in which it is planted; or
(b)
The root system is contained within a barrier, constructed in
accordance with the following specifications:
(1)
The barrier itself shall be composed of a highly density polypropylene
or polyethylene, with a minimum thickness of six mil (or 1/16 of an
inch);
(2)
Each portion of the barrier shall be joined together by the
use of stainless steel strips or clamps;
(3)
The barrier shall be a minimum of 30 inches deep, with two inches
to three inches of the barrier protruding above ground level around
the entire perimeter of the bamboo;
(4)
When installed, the barrier shall slant outward from the bottom
to top.
(c)
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 five feet from any property
line.
b.
Regulations of Existing Running Bamboo.
1.
Any running bamboo already in existence on any property within the
Township limits as of the effective date of this section, may remain
on such property, and be trimmed and maintained at all times, provided
that running bamboo shall not be permitted within any buffer zone.
2.
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 measure 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 places no less than five
feet from the property line at a sufficient depth to prevent any growth
of running bamboo within any buffer zone.
3.
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.
c.
Removal of Running Bamboo. If running bamboo on any property grows
in or into any buffer zone, the Township shall give notice to the
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.
d.
Inspection. All premises within the Township shall be subject to
inspection by the Code Enforcement Officer to determine compliance
with this section as provided by law.
e.
Violations and Penalties.
1.
Whenever running bamboo is found planted in the ground on any plot
of land, lot or any other premises or place of contravention of the
provisions of this section, a notice shall be given to the property
owner(s), providing 30 days to remove or abate the same.
2.
The cost of the removal and/or abatement shall be borne by the property
owner(s).
3.
If the property owner(s) fail(s) to comply with such notice, the
Property Maintenance Officer may remove or otherwise control the running
bamboo and the Township may thereafter recover the cost of such removal
from the property owner(s) and place a lien on the property to recover
the cost of the removal according to law.
4.
Any person violating this section who fails to abate the violation
after notice shall be subject to a fine, not to exceed $500, plus
costs, for each day on which a violation has occurred, and for which
the property owner(s) has been found guilty. Each day on which the
violation occurs shall be a separate offense under this section.
[Added 3-17-2022 by Ord.
No. 2-2022]
a.
Plantings and Prohibitions.
1.
All new in-ground plants of invasive plants and prohibited plans
are strictly forbidden with the Township.
2.
All existing plantings of invasive Plants must be contained by appropriate
physical barriers to prevent the growth or spread of invasive plants
within any buffer zone or any property.
3.
prohibited plans are hereby prohibited within the limits of the Township
and all such plants shall be destroyed by the property owner(s) within
thirty (30) days of receiving written notice from the Township.
b.
Inspection. All premises within the Township shall be subject to
inspection by the Code Enforcement Officer to determine compliance
with this section as provided by law.
c.
Requirements of Property Owner(s).
1.
All property owner(s) shall be required to control the growth of
existing plantings of invasive plants.
2.
The failure of any property owner(s) to control the spread of invasive
plants within any buffer zone of residential or commercial property
is a violation of this section.
3.
The failure of any property owner(s) to remove and/or destroy prohibited
plans growing upon residential or commercial property is a violation
of this section.
4.
In order to prevent damage to nontarget plants and animals, mechanical
control and removal of invasive plants and prohibited plans shall
be prioritized over chemical means wherever possible.
5.
Removed invasive and prohibited plant material must not be disposed
in an area where it can regrow, nor placed with the Township leaf
and brush pickup.
d.
Removal of abatement.
1.
Whenever invasive plants or prohibited plans are found planted in
the ground on any plot of land, lot or any other premises or place
in contravention of the provisions of this section, a notice shall
be given to the property owner(s), providing 30 days to remove or
abate the same. The notice will include an information sheet describing
the invasive plant(s) or prohibited plant(s) of concern and including
best practices for its control or removal.
2.
The cost of the removal and/or abatement shall be borne by the property
owner(s).
3.
If the property owner(s) fail(s) to comply with such notice, the
Code Enforcement Officer may remove or otherwise control the invasive
plants and/or prohibited plans and the Township may thereafter recover
the cost of such removal from the property owner(s) and place a lien
on the property to recover the cost of the removal according to law.
4.
Any person violation this section who fails to abate the violation
after notice shall be subject to a fine, not to exceed $500, plus
costs, for each day on which violation has occurred, and for which
the property owner(s) has been found guilty. Each day on which the
violation occurs shall be separate under this section.
