[HISTORY: Adopted by the Mayor and Council
of the Borough of Cresskill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-21-1987 by Ord. No. 87-9-965]
This article shall be known as the "Landscaping
Ordinance of the Borough of Cresskill."
[Amended 4-7-1993 by Ord. No. 93-6-1086]
The purpose of this article is to ensure that
nothing is planted, installed, placed or constructed on Borough rights-of-way
or on easements without first being reviewed and approved by the Planning
Board. No approval or review will be necessary for grass and other
forms of ground cover; e.g., ivy, pachysandra, etc., which do not
exceed 12 inches in height at maturity.
[Amended 4-7-1993 by Ord. No. 93-6-1086]
The provisions of this article shall apply to
all new landscaping planted or installed within the Borough by anyone
after the effective date of this section. Landscaping permits will
be required for any landscaping planted or installed on Borough rights-of-way
and for landscaping planted or installed on any property containing
an easement.
[Amended 4-7-1993 by Ord. No. 93-6-1086]
It shall be unlawful, after the effective date
of this section, for anyone to install, place, construct or plant
any landscaping except in conformance with the provisions hereof,
which shall include a permit to do so.
As used in this article, the following terms
shall have the meaning indicated:
Any areas that is not covered by buildings, parking areas
or driveway. All setback areas, except easements, may be included
in the "landscaped areas."
Includes but is not limited to plants, shrubs, trees, ground
cover, vines, rocks, benches, picnic areas, wooded timbers, gravel,
walkways, berms, pavers (paving stone), gazebos, art forms, sculpture,
retaining walls, water elements (i.e., pools, fountains and waterfalls),
terraces, signs and informational signs and graphics.
A woody plant, usually with a single main stem, generally
growing more than 20 feet tall.
As part of the review process imposed by the
Borough, the owner/applicant shall submit a properly conforming landscape
plan, whose scale shall be one inch to 20 feet or larger if the applicant's
project is 1/2 acre or less or one inch to 50 feet or larger if the
applicant's project is larger than 1/2 acre, which shall include or
show:
A.
A north-indicating arrow.
B.
Property lines.
C.
Locations of the proposed and existing structures
on the site.
D.
Locations of all existing and proposed hard surface
areas.
E.
All plants at mature size and at the same scale as
the landscape plan.
F.
The owner/developers of the project, their telephone
numbers and addresses.
G.
The design architect and his telephone number and
address.
H.
Written descriptions of procedures to be used for
revegetating previously stripped areas and analyses of drainageways
and areas prone to soil erosion and procedures designed to mitigate
such erosion. The written description shall include sections and profiles
of proposed and existing drainageways or drainage forces.
I.
Existing easements and their purposes.
In reviewing the applicant's landscape plan,
the Planning Board shall take into consideration the following goals
and objectives as well as the specific criteria enumerated. The Board,
as appropriate, shall approve the plan if it finds and determines
that:
A.
The plan provides visual, noise and access barriers
between conflicting land uses.
B.
The plan takes into account and does not inhibit the
exercise of solar access rights of neighboring properties.
C.
The plan does not interfere with any line of sight
of vehicle drivers entering or leaving the property.
D.
The plan enhances the architecture of the property,
e.g., the landscaping tends to break up the large expanses of wall
or other structure.
E.
The plan does not interfere with any easements on
the property nor with any Borough rights-of-way.
[Amended 4-7-1993 by Ord. No. 93-6-1086]
F.
The plan facilitates the movement of pedestrians and
vehicles on the site and integrates with and helps to conceal parking
facilities on the site.
G.
The plan utilizes and preserves existing and native
vegetation to the greatest degree possible.
H.
All other specific requirements in this article are
met by the plan.
All landscaping plans submitted shall meet the
following requirements prior to approval:
A.
All disturbed areas on the site shall be revegetated
or landscaped in a manner as approved by the Planning Board.
B.
All on-site areas prone to soil erosion shall be defined
on the landscape plan and shall be controlled through landscaping.
C.
If requested by the Borough, details must be submitted
which show that no proposed landscaping plan shall cause interference
with adjacent property owners' solar access rights.
D.
No landscaping plan shall provide for plantings or
construction which interfere with the sight line of drivers entering
or leaving the site that would pose a safety hazard.
E.
Where deemed necessary by the Planning Board, the
plan must provide for visual, noise and/or access barriers between
lots or parcels and/or abutting streets or thoroughfares. In making
its decision, the Planning Board will take into consideration the
types of land uses on the adjoining lots or parcels.
F.
Any plan containing an outdoor storage area or display
area will provide visual, noise and/or access barriers between any
adjacent lots or parcels and abutting streets and thoroughfares.
A.
The Borough may require the applicant, as a condition
of final approval of a plan or before issuance of the certificate
of occupancy, to provide a guaranty for not less than 125% of the
then-current estimated cost of the landscaping improvements as estimated
by the Borough to insure the installation of all landscaping shown
and the continued maintenance and replacement of the same for a period
of two years after installation. The guaranty shall be in a form acceptable
to the Borough. As portions of the landscaping improvements are completed,
the Borough shall inspect them and, upon approval and acceptance,
shall authorize the release of the agreed estimated cost for that
portion of the improvements, except that 10% of the estimated cost
shall be withheld until all proposed improvements are completed and
approved, and an additional 25% shall be retained until the improvements
have been maintained in a satisfactory condition for two years thereafter.
B.
The Mayor and Council may waive the required bond
for contractors with two years of experience in landscaping within
the Borough and with no complaints from the Borough regarding their
work.
this article shall be enforced by the Building
Inspector.
[Adopted 12-3-2009 by Ord. No. 09-08-1376; amended
in its entirety 5-20-2015 by Ord.
No. 15-05-1473]
Every landscaper operating within the Borough shall be required
to comply with the following:
A.
All vehicles used in said operation shall be required to utilize
a cover on the vehicles to prevent any clippings, leaves, twigs or
other debris from blowing or falling out of the vehicle when traveling
the streets of the Borough.
B.
The use of backpack blowers, handheld leaf blowers and walk-behind
leaf blowers shall be permitted subject to compliance with the following
conditions:
(1)
All sidewalk clippings shall be dispersed back onto the customer's
property if not removed by the landscaper.
(2)
All street gutters shall be kept free of any debris.
(3)
Storm drains shall be covered while working in the immediate vicinity.
No person shall allow the piling of leaves so as to block accessibility
to stormwater drains. Leaves shall be piled at least one foot from
the curbline so as to allow stormwater to channel freely along the
curbline and flow, unimpeded, into the storm drain. In compliance
with New Jersey State Stormwater Management regulations, noncontainerized
yard waste cannot be placed any closer than 10 feet from a storm drain
inlet.
C.
The removal of debris resulting from landscaping services shall be
the responsibility of the landscaper, and no such debris as defined
in Subsection 4-19.3 shall be placed at the curbside for collection,
swept or deposited into any public street, or left on a given property
or neighbor's property such that same may be caused to be blown
into a public street. The singular exception is the placement of only
leaves (no sticks or branches) in the right-of-way between October
15 and December 1. All debris shall be disposed of by the landscaper
in accordance with New Jersey Department of Environmental regulations
and all other applicable local ordinances and regulations.
D.
Parking of vehicles and trailers shall be restricted to one side
of the street only.
A.
Prohibited acts. It shall be unlawful for any owner, tenant or any
occupant of any tract of land within the Borough (including landscapers),
across which there exists any drainage ditch, ravine, culvert or other
water source, to permit or suffer the accumulation of loose brush,
fallen leaves, tree branches, dead trees, stumps, garbage, trash and/or
debris to the extent that such accumulation presents a risk of washing
downstream during periods of heavy drainage, thereby causing a blockage
of the watercourse and/or flooding or damaging of adjacent downstream
properties.
B.
Notice to remove; service of notice. It shall be the duty of each
owner, tenant, occupant or landscaper of any tract of land within
the Borough to remove or cause to be removed all such loose brush,
fallen leaves, tree branches, dead trees, stumps, garbage, trash and/or
debris within 10 days after receiving written notice to do so from
the Superintendent of Public Works, which notice may be effected by
personal service or by regular and certified mail, return receipt
requested.
C.
Violations and penalties. Any owner, tenant, occupant or landscaper who shall neglect, fail or refuse to remove such loose brush, fallen leaves, tree branches, dead trees, stumps, garbage, trash and/or debris that presents a danger of washing downstream and blocking the flow of water, as directed by this article, or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided for, or shall violate any of the provisions of this article, upon conviction thereof before the Judge of the Municipal Court, shall be liable for the penalties stated in § 151-15 hereof, and each day on which such violation continues shall constitute a separate offense.
A.
Landscapers shall be permitted to furnish gardening, landscaping,
lawn maintenance, tree or shrubbery care or similar services within
the Borough only during the following hours:
B.
Landscapers shall not be permitted to furnish gardening, landscaping,
lawn maintenance, tree or shrubbery care or similar services within
the Borough on Sundays or specified holidays.
The provisions of this article shall be enforced by the Superintendent
of the Department of Public Works, the Code Enforcement Officer, or
any member of the Police Department of the Borough.
Any person who violates any provision of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-15. In the absence of aggravating circumstances justifying imposition of a maximum fine, the presumptive fines shall be as follows:
A.
For a first offense, a fine of $300;
B.
For a second offense, a fine from $301 to $500;
C.
For a third offense, a fine from $501 to $1,000; and
D.
For a fourth or subsequent offense, a fine of $1,250 and a recommendation
to Mayor and Council for license revocation. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
A.
Automobile liability insurance. All landscapers shall maintain an
uninterrupted policy of automobile liability insurance with such minimum
policy limits as may be required by New Jersey statutes and applicable
regulations, but in no event with coverage of less than:
B.
Comprehensive general (non-auto) liability insurance. All landscapers
shall maintain a policy of comprehensive general liability insurance
with minimum policy limits as may be required by New Jersey statutes
and applicable regulations, but in no event less than:
C.
Workers' compensation insurance. All landscapers shall, where
required by New Jersey Statutes, obtain and carry workers' compensation
insurance.
