Toms River City Zoning Code
§ 348-12.16
Violations and penalties.
A.
Each tree damaged, removed or destroyed in violation of this article shall be deemed to be a separate and distinct violation.
(1)
Any person who is convicted of any violation of this article relating to activities on an existing and improved single-family or two-family residential lot shall be liable for a penalty of not more than $100 for a first offense and a penalty of not more than $500 for each subsequent offense. For all other violations, any person who is convicted of a first offense of violating any of the provisions of this article shall be liable for a penalty of not more than $1,000 per violation or a term of community service for no more than 30 days, or both, at the discretion of the court having jurisdiction over this matter. Subsequent offenses, other than the first, shall incur a penalty of $1,250 and a term of community service no more than 90 days or no more than 90 days' imprisonment, at the discretion of the court having jurisdiction over this matter.
B.
In addition, the Township may institute and maintain a civil suit in chancery for injunctive relief to enforce the provisions of this article.
C.
The Township may also require the replacement of illegally removed trees with trees of similar species and sizes.
D.
The issuance of a stop-work order and a summons by the Township Engineer may be issued for inappropriate or illegal tree removal activities upon recommendation of the Township or other Township official or designee.
E.
If the Township requires a tree management plan for the illegally removed trees, the applicant shall post a cash guarantee covering 115% of the cost of the tree replacement plan, including labor at the time of issuance of the tree removal permit. The guarantee shall be held for 24 months after the cessation of construction or land disturbance on the site. If any of the trees require replacement, the applicant must replace said trees. If the applicant fails to replace the trees, the guarantee funds shall be used to replace trees which die or are damaged during this two-year growing season period. Any unused guarantee funds shall be returned to the applicant at the end of the two-year period. The cash guarantee estimate shall be prepared by the Township Engineer and/or Township Forester.