Ordinance Failed, Trees Fell, New Plan Takes Root

AVALON – At its Nov. 12 meeting, Council heard a distressing story of lax enforcement, rampant code violation, and hundreds of lost trees. That tale, presented by long-time resident Martha Wright, appeared to surprise members of council and Council President Charles Covington asked borough administration personnel for a report. At the Nov. 25 meeting, council heard that report.
The borough has an ordinance passed to protect and preserve vegetation in the face of the large number of demolitions and new construction of residences. In his report, James Waldron, the assistant business administrator, admitted that the borough had no effective enforcement plan for the ordinance, which has been on the books for over a decade. “We recognize that there have been issues with enforcement,” Waldron said.
Also admitting that the existing ordinance has deficiencies, Waldron said that the best short-term option was to “live with what is on the books.” As he sketched out the basis for an enforcement plan, Waldron told council, “All we have done is stop the bleeding.” A more comprehensive plan will need to be developed.
Avalon’s Zoning Official Jeffrey Hesley also addressed the issue, explaining the new documentation that will be required of individuals seeking demolition permits. As Waldron and Hesley described, new requirements will force contractors to identify and document vegetation on lots slated for demolition. The documentation, maintained in a continuous and interconnected file, would also serve to better inform officials of past activity when second or third permits are requested.
One of the issues at the heart of the problem was made more explicit by a question from Councilman David Ellenberg who asked Waldron if the rights of trees “trumped” those of a property owner desiring to add a pool to his property. “What if he wants to get rid of the trees?”
Waldron’s response was that the current ordinance permits the removal of vegetation within six feet of existing or proposed structures. The specifics of the pool example aside, the real question being asked is where the line is most properly drawn between the borough’s desire to preserve indigenous vegetation and the freedom of property owners paying increasing high sums for homes in Avalon.
As Avalon moves past the emergency fix to enforcement presented by Waldron, the more fundamental issue may end right back in laps of the council members. Council would ultimately have to adopt any repairs to or replacement of the existing ordinance.
The tensions that might be expected to exist between the goals of such an ordinance and the expectations of property owners may have been muted by a long period of lax, or at least inconsistent, enforcement.
Wright thanked council for taking the issue seriously following her presentation two weeks earlier, adding, “I’m sorry it’s taken 10, 12 years to get to this point.” Wright has been documenting the removal of trees during home demolitions for much of this year.
The discussion of the issue will continue at the Dec. 12 meeting.
Better Alignment of Administration
Avalon Business Administrator Scott Wahl presented a Power Point description of his proposals for a more efficient and effective alignment of administrative departments. Recognizing the Department of Recreation’s role in the borough has shifted to include many responsibilities outside the normal scope of a recreation unit, Wahl proposed a new Division of Community Affairs, which would encompass a department of recreation and a department of community affairs and special events.
He promised council that the realignment would require no additional personnel and no additional budget. The purpose is to take existing resources and place them in a structure that has greater focus on specific tasks and responsibilities and holds the opportunity to fill vacant positions with skill sets more narrowly defined and appropriate to the challenges facing the borough. Council appeared favorably inclined at this early level of discussion.
Dredging
A status report on the dredging project described efforts to keep the contractor doing private slips appropriately ahead of the contractor, Mobil, which will dredge main channels. Mobil will begin its work Dec. 1.
The goal remains to have Princeton Harbor completed before the end of December when dredging must stop until the following fall. A pre-dredging survey, required of the contractor, has been completed and presented no new or unexpected information.
To contact Vince Conti, email vconti@cmcherald.com.