Borough of Eatontown, NJ Violations; Enforcement

[Amended 3-13-2002 by Ord. No. 02-2002; 10-5-2005 by Ord. No. 17-2005]

Any public utility who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $200 or to exceed $1,500 for each such offense. Each day that any violation of this chapter shall continue shall constitute a separate offense.

In addition to the penalties authorized above, the Borough may require a public utility that removes or otherwise destroys a tree in violation of the municipal ordinance to pay a replacement or assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of the Shade Tree Specialist of the Borough of Eatontown or other trained certified tree expert retained by the Borough for that purpose. In lieu of an appraisal, the Borough may adopt a formula and schedule based upon the number of square inches contained in a cross section of the truck of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square-inch cross section shall be calculated from the diameter at breast height, and if there is a multiple stem tree, then each trunk shall be measured and an average shall be determined for the tree. For purposes of this chapter, "diameter and breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Borough shall modify the value of the tree based upon its species variety, location and its condition at the time of removal or destruction.

Any and all persons, firms or corporations violating any provision of this chapter shall, upon conviction, be subject to a minimum fine of $200 or a fine not exceeding $1,500 for each offense, a term of imprisonment not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof.

[Added 3-13-2002 by Ord. No. 02-2002]

Pursuant to N.J.S.A. 40:37-11, Subsection a, the Borough hereby consents to the Monmouth County Shade Tree Commission exercising jurisdiction in any circumstance involving a public utility or cable television company under which this Borough is prevented from seeking a monetary penalty under § 360-20A or from imposing an assessment under § 360-20B.