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Home My Public Portal AboutOrd. 05-60 No. 05-60 ®rÙil1ttl1t£ ¡) f ±~ 2 'lßar¡)U£~ af QI.ttr±£r2Í1 þL W. AMENDING AND SUPPLEMENTING ORDINANCE NO. 05-47, AMENDING AND SUPPLEMENTING THE CODE OF THE BOROUGH OF CARTERET TO PROHIBIT THE DESTRUCTION OF OLDER GROWTH TREES BE IT ORDAINED by the Mayor and Council of the Borough of Carteret as follows: Section I. Ordinance No. 05-47 amending and supplementing The Code of the Borough ofCarteret is hereby amended and supplemented to include the following additional subsections to read as follows: 3. No person shall physically remove or otherwise cut down a healthy, mature tree without first obtaining a pennit therefore from the designated Borough Official. The pennit fee shall be ten ($10.00) dollars. 4. For every health, mature tree which is physically removed or cut down, the property owner shall either replace the same on site with a new tree having a minimum height of five (5') feet and diameter of 2Y, calipers, or as may otherwise be approved by the designated Borough Official, or pay to have a replacement tree planted in a Borough park or on other public property by depositing into the Tree Replacement Fund the then current replacement cost thereof as set forth in a resolution of the Borough Council. The pennit fee paid to remove the original tree shall be credited against any tree replacement cost paid into the Borough fund. 5. The penalty for any violation of the provisions of this ordinance shall be governed pursuant to the general penalty section of this Code. 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 All Ordinances and/or provisions thereof inconsistent with the provision of this Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies.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 according to 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 X NAPLES RIOS S RZ X X X x - Indicate Vote AB - Absent NY - Not Voting XOR - lnd)cates Vote to Overrule Veto ---- Adopted 011 first reading of the Council of the Borough of Carteret, N.J. -' on November 10, 2oo'i Adopted oll,second reading after hearing on December 15, 2005 APPROVED B ON /,).//(, ~~.../ a ~ ~> BOROUGH CLERK AFFIDAVIT OF PUBLICATION of an Ordinance or , 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: The following Resolution of is a the true copy Borough November 18, 2005 ~~ O. /~ Notary Public of New Jersey I Kathleen Barney, RMC/CM Municipal Clerk IOIIOUIIt If CMIERET n'l.ï=c:.~~ :::.: ~-.,;~:: ;~~~::r ~~J=f and Council of the 1. Ordinance No 05-47 amandin¡ and E· ntlre 'The Co~ of the Bor- of Carteret Is hereby amended an suppemenMd to Include the tol- ~.wI~:,,~~ltton.r subHCtlons to r..d 3. No person shall phyatçally remove or otherwise cut dOWn . h..lthy m81:ur. tr.. without flrst obtalnlna: . permit thar_or. from tM deal¡- neted Borouah OffIciaL The permlt ... "'.. .. .... '"0.00) .011..... 4. For every h..rth, mature tr.. which Is PhYS~C. removed or down, the ør owner shall eltt\t1r repllle. same on atte with new tr.. h.vi.... . minimum helcht of five (5') fMt and dlarM- ter Of 2 calipers, or a. ~ other- ~.. be epprowd br, the cJe.at- ad Borou..h Offle ai, or pay to have. r.pllu.\.....t tr.. ptañted r In a Borauah pal1< or on other public pro~rty by deposltlna Into the Tr.. Replacment Fund the then current replacement cost thereof .. ..t forth In the røolu-- tlon of the Borouah Council The permit fH paid ro remove the orl,lnal tr.. sh." be credited ~.t any tree replacenwnt cost DãId Into the BOf"O'4h fund. IS. TM pen.l~ for any violation of the ~rayfslóna of this ordtn8nc. shan be IOvemed pu,-.uant to the ~~:-al penalty section of this I 1lect10lW 2. All Ordinances and/or provisions' tMreof Inconsistent with the pravl., slon of thts OrdInance shall be and I .... hereby repealed as to the extent I of any IlUch kicoMlStenclea. SeoIIon ,a. If aæ section, subMctton, part, clause or ra.. of this Ordtnance shell be dec arad Invatld by 1ucI8ment of any Court of cornøetent- juilsdlCtlon, the section, subsection, ~art, claus. or phrase shall be deemed to be servera. bIe from the remainder of this Ordi- nance. 8ectton 4. This Ordinance shall take effect upon ~~=t1:7:w~bllcatlon accordln¡: to "[h- ff~~obnø: ordinance was Introdµced at a me.t- ~~mb'" l~uniA!or l~~..a?:~ ..~~~t þ,!~~ Sworn and subscribed before me this J.ì.....Jday of ~ ...., ""'. ...... U~E.~:.'.~, /\. HP{;;J:"_{ u- t...'..... J J("'f PU8UC ~:: r;:~~,,;-';;- . 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. ONF. (1) times, once in each issue as follows: December 21. 2005 ~o~ r'iotary Public of New Jersey ~ athleen Barney, RMC/C Municipal Clerk Sworn and subscribed before me this~?J.:o:t' day of £),uu~ raY)' l1OIIOOIIII If .CMTE1IfT ~i:øO:=- PL~MINTINQ ORDI· NANCE NO. 0-47, AMI!NDING AND SUP- PLEuaNTING THE " CODI OP TIll BOR- OUGH OP CARTIRI'I' TO PROHI8IT THIE DE-- 8TRUCT1Q!! OP OJ.D. I,. GPtOWTH TllEES APPROVED AND ADOPT- ED: December 15. 2005 INTRODUCED: November 10, 20015 Ad....rtis.d as adopted on first r..dlns witt! no- tice of Public H..rlng: November 18. 2005 ~:~~~.~d~, 2005 èi~~~~·J~ R~r~A~AYOR Advertised 8S fln.l~ ~gg~ted: Dee.noMr 2 , I KdIIHn M. ...,..,.. M C_ (I~ 10823 Affidavit of Publication Publisher's Fee $14.52 State of New Jersey} 55. MIDDLESEX COUNTY Affidavit Charge $25.00 Personally appeared JON IRAGGI 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 1 1 ~ NOTARY PUBLIC or NCW J:::n~CY MY COMMISSION eXPIRES APRIL 20 2ðð~ ,D"2005 BOROUGH OF CARTERET ORDINANCE :# 05-60 AMENDING AND sup- PLEMENTING ORDI- NANCE NO. 05-47, AMENDING AND sup- PLEMENTING THE CODE OF THE BOR- OUGH OF CARTERET TO PROHIBIT THE DE- STRUCTION OF OLD- ER GROWTH TREES APPROVED AND ADOPT- ED: December 15. 2005 INTRODUCED: November 10. 2005 Advertised as adopted on first reading with no- tice of Public Hearing: November 18, 2005 ~:~~~\e~e~t 2005 è~~~~ì:'eJ~ R~rMA~AYOR Advertised 3S finally adopted; December 21, 200. Kathl_n M. Bamey, Municipal Clerk ($14.5.2) 20623