Ship Bottom to Consider Ordinance to Regulate Tree Cutting – The SandPaper

Ship Bottom officials arent letting any grass grow under their feet, so to speak. For the second consecutive meeting, the governing body has taken steps to strengthen beach and dune protection in the borough after a clear cutting of dune vegetation at a new build on 17th Street, set to play out in municipal court this week.

At the councils Feb. 25 meeting, the council unanimously passed Ordinance 02-2020 C after a public hearing that netted no public comment. The ordinance sets the maximum fine for anyone violating or failing to comply with the boroughs beach protection and bulkhead law at $2,000.

The maximum fine is set by state authority, not local. Ultimately, the monetary fine in a court proceeding is determined by the municipal court judge, Borough Solicitor Christopher J. Connors said during the meeting.

Currently, the monetary fine is set at no more than $1,000, with the possibility of imprisonment for a term not to exceed 90 days or community service not to exceed 90 days, or a combination of the three as determined by the municipal judge. Imprisonment, community service and the discretion of the municipal judge remain the same in the proposed measure.

Prior to the passage of Ordinance 02-2020C, the council discussed putting into play tree trimming regulations similar to those Barnegat Light has established.

I want an ordinance, Mayor William Huelsenbeck said of tree trimming regulations, not a memo.

Councilman Tom Tallon said if the boroughs code enforcement officer needs to be onsite for a tree trimming, then a permit fee should be included in any proposed measure.

Kathleen Flanagan, borough coordinator, said the tree cutting incident on 17th Street was a situation where too many trees were removed than were permitted to be eliminated.

In Ship Bottom, if trees are dead, they can be removed as long as the homeowner or landscaper has the permission of the borough engineer, according to Flanagan.

Someone said he said yes to the clear cutting, Flanagan said of Frank Little, borough engineer.

In January, Judge James Liguori adjourned the case of the cutting of dune vegetation until March 5, allowing the appropriate parties time to develop and submit a plan to restore dune vegetation. Under municipal code, dune restoration requires an application be made that includes a description of the activities to be performed, the equipment to be used and any other information the borough engineer deems necessary to properly review the proposed work. Restoration work cannot begin until a permit has been issued by the borough. The work must then begin within 10 days and be completed within 30 days unless otherwise approved by the governing body, according to municipal code.

At the Jan. 16 court date, the only individual present on the matter was a contractor, who said his sign was on the property, but he didnt remove the dune vegetation. The homeowner and any other individual party to the removal of dune grasses and trees were expected to be issued summonses to appear in municipal court on charges they violated Ship Bottoms beach and dune maintenance laws.

In Ship Bottom, preserving the beach-dune system is the responsibility of the property owner if or when maintenance is necessary on private property, according to the boroughs municipal code. Should the property owner fail to begin or complete the work within the approved time frame, the borough has the right to perform the work. The cost would be assessed to the property owner as a lien and levied as a tax on the land, under municipal code. Restoration work must be finished by May 15 and cannot begin any earlier than Oct. 15 unless approved by the borough council.

Gina G. Scala

ggscala@thesandpaper.net

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Ship Bottom to Consider Ordinance to Regulate Tree Cutting - The SandPaper