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Packet · Sep 11, 2012

Conference/Public Meeting Agendas/Documents — Packet

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Indexed text · page 141

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Page 141

designee, is hereby empowered to issue stop work orders whenever a claimed violation of this chapter is witnessed or reported. (Ord. No. 2177-08 § 1) 25-27.11 Violations and Penalties. a. Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable by up to the maximum penalties prescribed by N.J.S.A. 40:49-5, establishing maximum penalties for violation of municipal ordinances generally, and as the same may be amended, the maximum penalties at the time of passage of this chapter being a fine not exceeding two thousand ($2,000.00) dollars or imprisonment for a term not exceeding ninety (90) days, or a period of community service not exceeding ninety (90) days, or any or all of those penalties, and each tree removed or damaged in violation of this chapter shall be deemed a separate offense. However, if a person is convicted of removing a specimen tree without a permit, he shall be punished by a fine which shall be a minimum of one hundred ($100.00) dollars or the highest minimum fine then allowed by N.J.S.A. 40:49-5, and up to the maximum fine then allowed, or by imprisonment for a term not exceeding ninety (90) days, or both. b. In addition, any person who cuts or removes a tree in violation of this chapter shall be required to plant a replacement tree on the removal site pursuant to subsection 25-27.8 of this chapter. If the tree that was illegally removed was a major tree, he must replant a major tree. If the tree that was illegally removed was a minor tree, he must replant a minor tree. c. The removal of a tree in violation of this chapter shall automatically suspend any existing tree removal permit(s) associated with a property and freeze the issuance of any future permits until the matter has been resolved and any required tree replacement has been completed. (Ord. No. 2177-08 § 1) 25-27.12 Severability. If any part of this chapter is determined to be invalid, such part shall be severed and its invalidity shall not affect the remaining parts of this chapter. (Ord. No. 2177-08 § 1) 25-27.13 Repeal of Inconsistent Ordinances. Any and all parts of ordinances which are inconsistent with any of the terms and provisions of this chapter be and the same are hereby

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. 2177-08 § 1) 25-27.13 Repeal of Inconsistent Ordinances. Any and all parts of ordinances which are inconsistent with any of the terms and provisions of this chapter be and the same are hereby repealed as to and to the extent of such inconsistency. (Ord. No. 2177-08 § 1) 25-27.14 Effective Date. This chapter shall take effect upon final passage and publication as required by law. (Ord. No. 2177-08 § 1) 128

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