As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Atlantic Highlands, Monmouth County, New Jersey.
ENFORCEMENT OFFICER
The Code Enforcement Officer or any other Borough official performing the duties of code enforcement within the Borough of Atlantic Highlands, Monmouth County, New Jersey.
HAZARD TREES
A tree or limbs thereof that meet one or more of the following criteria below. Trees that do not meet any of the criteria and are proposed to be removed solely for development purposes are not hazard trees.
(1) 
Has an infectious disease or insect infestation;
(2) 
Is dead or dying;
(3) 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
(4) 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
(5) 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
INVASIVE PLANTS
Any native and non-native vines and vegetation that are competitive, persistent and pernicious. These plants may damage trees, vegetation, other plant materials or structures, and can include weeds and other noxious plants. Examples include but are not limited to Japanese Knotweed (Polygonum cuspidatum), Running (monopodial) Bamboo, Clumping (sympodial) Bamboo, Multiflora Rose, Kudzu vine, Japanese Barberry, Winged Euonymus, Ailanthus (tree of heaven), Oriental Bittersweet, English Ivy, Wisteria, and Poison Ivy and Oak, or any other plant on the New Jersey Department of Environmental Protection's invasive plants List.
NATIVE PLANT
A plant is considered native if it has occurred naturally in a particular region, ecosystem, or habitat as supported by scientific and historical documentation. Many non-native plants are well established in New Jersey, some of which are now common and noninvasive. Those can be considered native for the purpose of this article.
NOTICE
Any written notice by, from or on behalf of the Borough, informing the property owner(s) that they are in violation of this article 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 record on file with the Borough. If such certified mail is returned, then service may be effected by personal service or by posting such notice upon the property in question.
PLANNED LANDSCAPE AREA
A planned, intentional, and maintained planting of native or non-native grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, vegetable gardens, and ornamental plantings. This area does not to include weeds, noxious plants, or invasive plants. Overgrowth of turf grasses or weeds, any other unmanaged vegetation growth, or overgrowth shall not constitute a landscape area.
PROPERTY OWNER(S)
Any person who, alone or jointly, has legal or equitable title to any property in Atlantic Highlands, with or without accompanying actual possession thereof. Pursuant to the provisions of N.J.S.A. 40:48-2.12s, this may include any creditors filing a summons and complaint in an action to foreclose on a mortgage on any residential property.
SUSTAINABLE LANDSCAPE
The practice of crafting an outdoor space that is responsive to the environment, regenerative, and can actively contribute to the development of healthy communities. Sustainable landscapes sequester carbon, clean the air and water, increase energy efficiency, restore habitats and create value the economic, social and environmental benefits.
TURF
Grass, clover, or any mixture of interlaced low-lying plants or ground cover meant to emulate the appearance of lawn.
WEEDS AND NOXIOUS PLANTS
A weed or noxious plant is any plant designated as such by the Department of Agriculture of the State of New Jersey.
The purpose of this article is to provide guidelines for owners of property lying within the limits of the Borough of Atlantic Highlands to preserve the appearance standards of their property, and offer guidelines for owners or tenants within the Borough of Atlantic Highlands who wish to design, build, and maintain planned landscape areas on their properties. The intent is to prohibit the unmanaged growth of weeds, noxious plants and invasive plants, and to encourage the preservation, planting, and maintenance of native plants and sustainable landscape design.
A. 
Property with landscape plantings, turf, shrubs or hedges, and trees shall be kept from becoming overgrown. The exterior grounds of the property shall be maintained so that the appearance reflects the level of maintenance in keeping with the standards of the neighborhood.
B. 
Prohibited conditions include turf in excess of 10 inches in height, weeds, hazard trees, roots, overgrowth, filth, garbage, trash, inorganic debris, or any conditions that promote pest infestations, the existence or maintenance of which shall be against the public health, property code, security, and general welfare of the people of the Borough or the existence and maintenance of which shall create or tend to create a fire hazard.
Any owner of record of a property, and any tenant may implement a planned landscape area on their property, if the standards set forth in §§ 265-5 and 265-6 are consistently met without intervention from the Enforcement Officer.
Planned landscape areas shall adhere to the following standards:
A. 
Plantings may include native or non-native grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, vegetable gardens, and ornamental plantings, not to include weeds, noxious plants, or invasive plants.
B. 
Plantings shall be deliberately selected and arranged as part of a coherent overall plan. Unmanaged overgrowth of any plantings does not constitute a planned landscape area.
C. 
Planned landscape areas shall not include plants that, due to location and/or manner of growth, constitute a hazard to the public.
Edging. A planned landscape area must be defined from other spaces in the landscape through the use of a soft or hard border within the boundaries of a property. The border may consist of any combination of mowed turf, mulch or wood chips, raised beds, garden-style fencing, a permitted fence installed along a property line, or natural materials neatly arranged.
A. 
Planned landscape areas are to be planted within the boundaries of the property.
B. 
Should a property owner choose to develop a landscape area on any Borough easement or right-of-way that exists on their private property, the Borough, in consultation with Code Enforcement or the Department of Public Works, reserves the right to remove these plantings as necessary to conduct improvement work, utility maintenance, or for any other specific Borough purpose or the public health and safety.
C. 
Unauthorized landscape areas are strictly prohibited on Borough property. Borough property is defined as parcels of land the Borough owns, including parks, open space, or other property not titled to any other individual property owner. If individuals or organizations within the Borough of Atlantic Highlands community wish to develop a landscape area on Borough-owned property, as defined above, prior written approval from the Borough Council must be obtained via communication with the Borough Administrator.
All property owners lying within the limits of the Borough of Atlantic Highlands shall remove from such lands said turf in excess of 10 inches in height, weeds, hazard tree, roots, overgrowth, filth, garbage, trash, inorganic debris, or any conditions that promote pest infestations within 30 days upon receiving a notice from the Code Enforcement Officer to remove the same. In the event of the required removal of a hazard tree, the hazard tree removal process outlined in § 340-8, Tree removal permit, should be followed.
All property lying within the limits of the Borough of Atlantic Highlands that have a fire hydrant thereon shall be maintained by the property owner so that the hydrant is clear in three feet in all directions by removing brush, weeds, overgrowth, filth, garbage, trash and debris within 30 days upon receiving a notice from the Code Enforcement Officer to remove the same.
Turf, hedges, and shrubs may not impede sightlines on roadways within the Borough regardless of being maintained at the Borough or county level. The property owner or tenant of lands lying within the Borough shall keep all turf, shrubs and hedges from violating Borough Code Chapter 150, Development Regulations, § 150-6, 150-51, or 150-90.
Turf, hedges, shrubs, and trees may not overhang public sidewalks or accessibility ramps below the height of eight feet, such that they pose a hazard to pedestrians.
In the event the property owner shall refuse or neglect to comply with the provisions of this article within 30 days after notice, said turf in excess of 10 inches in height, brush, shrubs and hedges, and other plant life, weeds, hazard trees, roots, overgrowth, filth, garbage, trash, inorganic debris, or any conditions that promote pest infestations may be cut or removed under the direction of the Department of Public Works of the Borough of Atlantic Highlands. The cost of cutting or removal of the above shall be certified by said Department to the Mayor and Council and, after examination, said cost shall be charged against said lands and shall become a lien upon such lands and be added to and become and form part of the taxes next to be assessed and levied upon such lands.
Any person or persons violating the terms of this article, upon conviction thereof, shall be subject to a penalty as provided in Chapter 1, Article II, General Penalty.