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HomeMy Public PortalAboutOrd. 05-47 ®r Útrtm:tt.e No. 0'f-47 Df tlT.e ißDrDU£4 af ([ud.er£Í1 ~ ~ 3J ~ AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET TO PROHIBIT THE PESTRUCTION OF OLDER GROWTH TREES WHEREAS, of late, substantial number of older, high quality trees have been destroyed leaving the town with a lack of a very important natural resource; and WHEREAS, it is the intent of the Mayor and Council of the Borough of Carteret to try and preserve this natural resource; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Carteret as follows: Section I. The Code of the Borough of Carteret is hereby amended and supplemented to add the following new section to read as follows: 1. No person shall physically remove or otherwise cut down a tree having a base diameter of at least eight (8") inches and a height of at least twenty (20') feet without first obtaining an approval therefore trom the Appropriate Borough Official; and 2. No healthy tree (s) over 75 years of age may be cut down or similarly destroyed without the prior approval. Section 2. All Ordinances and/or provisions thereof inconsistent with the provision of this Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies. Section 3. If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection, part, clause or phrase shall be deemed to be serverable trom the remainder of this Ordinance. Section 4. This Ordinance shall take effect upon passage and publication accordingto applicable law. DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO DIAZ KRUM x X SITARZ X X x _ Indicate Vote AB - Absent NY - Not Voting XOR - Ind.icates Vote to OverruJe Veto Adopted on first reading of the Council of the Borough of Carteret, N.L, on ~I!?'p~ømhpr ~ J 1(01) Adopted ony:cond reading after hearing on 27. 2005 APPROVED BY ON /¿f~ ~;J I . ~/Ld' " I~~-Z¿¿ . BOROU~RK eyl Affidavit of Publication Publisher's Fee $51.92 Affidavit Charge $25.00 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared ANNETTE MADAMA of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said county and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 lONE) times, once In each Issue, as follows 10101105, "r:--,\ \' (\, 1('11 I~ u·"...... . _., '!".'~_'!_JN f",,'(YT'~~,\ ;~: ,~\¡ !r' GC ¡"¡:W ¡CRC-\! ---,~~, ,J'-'Iu,-,;;::tl MY CO~v'H'/liSS!O:\~ eXPiRES FEB. 22)2010 /----, I ./ AD,,2005 . .9rJ / ~ ' tWCdðC¿M1fÁ ~ sworn and subscribed before me this 1st day of October, A.D., 2005 BOROUGH OF CARTERET ORDINANCE #05-47 WHEREAS. of late, substantial number of older, high quality trees have been destroyed leaving the town with a lack of a very important natural re- source; and WHEREAS. it is the intent of the Mayor and Council of the Borough of Carteret to try and preserve this natural resource; NOW, THEREFORE, BE IT ORDAINED by the May- or and Council of the Borough of Carteret as foHows ~ 1. The Code of the Borough of Carteret ~d h~e~a'd a~:nf~il~':i~~ ~~~I:~~i~~ to read as follows: 1. No person shall physically remove g~~:hJi~~~;ecru~?~~~eaa~te:i h~tViHf' ') inches and a height of at leas~ twenty (20') feet without first obtaining an approval therefore from the Appropri- ~~~~h;a~~y ~::~~~~ ;~edr 75 years of age may be cut down or similarly ~ g ~~IY(5red~n~~~~~t at~d?~:o~:¿,!i~?~~~ thereof inconsistent with the provi- sion of this Ordinance shall be and are hereby repealed as to the ex- tent of any such inconsistencIes. ~;¡ 1f any section, subsection, part. ~~a~reb~r JehcÍ~~:dofint~~fidOr~tj~J:~ ment of any Court of competent jurisdiction, the section, subsection, part. clause or phrase shall be deemed to be serverable from the remainder of this Ordinance. ~ ~. This Ordinance shall take effect upon passage and publication according to applicable law. The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held September 1. 2005 when it was adopted on First Reading. The said ordinance will be further consid- ered on Second Reading for final adoption at a meeting of said Council of the Borough of Carteret on October 27. 2005 at approximately 7:00 P,M.. Municipal CourtlPo1ice Facility, 230 Roosevelt Ave- nue, Cart\Jret. New Jersey at which time and place aU persons interested WIn be given an opportunity to be heard. KATHLEEN M. BARNEY, Certified Municipal Clerk ($51.92) 34084 ..( l.i.. AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, New Jersey and published in Neptune, in said County and State and of general circulation in said county. ONE (1) times, once in each issue as follows: Friday, November 4, 2005 , ./ C2./~ 0 ~/,r<; Notary Public of New Jersey 'Æ. ~ Kathleen Barney, RMCI C Municipal Clerk Sworn and subscribed before me this 'i...::t~ day of /V ,;'V"t~ I :J-- 00 S :~t" , "-', '')¡''',- ; ~""Û'.; ",:, __lIcøm ORD1-~. ~_IMG ~ g.,....~ ~~ ~!æf.~r- INTRODUCED: 2<)05 Ä~:r~:r~ ~ftf~: :Æ.fI~'~ ,~ ne.rlng: OCTOBER 1. 2005 He.rln&.. Held: OCTOBER 27. 2005 A~p_rov.d By: MAYOR DANIEL J. REIMAN Advertised as finally adOpted: NOVEMBER -4. ~~ M. MANEY MUNICIPAL c\SU<...., ,.,3.84'