On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Municipal Appeal No. 10-019.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Graves and Messano.
Following a trial de novo in the Law Division, defendant Edward Coffey was convicted of five municipal ordinance violations, specifically, "Illegal Grading and Clearing," Middletown Township, N.J., Ordinance 16-609A (July 18, 2005); "Illegal Outdoor Storage of Materials," Middletown Township, N.J., Ordinance 16-518 (June 13, 1994); "No Site Plan for [A]ctivities," Middletown Township, N.J., Ordinance 16-401(C)(4) (June 13, 1994); "No Fence Permit," Middletown Township, N.J., Ordinance 16-616(A)(1) (Mar. 15, 2010); and "No Development Permit -- Addition of Dirt," Middletown Township, N.J., Ordinance 16-304(A)(1)(k) (June 13, 1994).*fn1 Defendant was fined $3500 and assessed court costs.
Defendant raises the following points on appeal:
1. ILLEGAL GRADING AND CLEARING:
a) APPELLANT DID NOT GRADE PROPERTY AND CLEARED ONLY A FRACTION OF THE ALLOWABLE AMOUNT OF 3,000 SQUARE FEET;
b) PLAINTIFF'S REPRESENTATIVE RELIED ONLY UPON AERIAL PHOTOS;
c) PLAINTIFF'S REPRESENTATIVE HAD SPECIFICALLY REQUESTED APPELLANT TO CLEAR PROPERTY ADJACENT TO BUT NOT PART OF APPELLANT'S PROPERTY.
2. ILLEGAL OUTDOOR STORAGE OF MATERIALS:
a) TOWNSHIP ORIGINALLY ISSUED C OF O WITH FULL AWARENESS THAT DEFENDANT INTENDED TO STORE CONTAINERS ON PROPERTY; C OF O . . . EXPLICITLY STATES "CONSTRUCTION EQUIPMENT, TRUCKS & CONTAINERS."
b) AS PER DEFINITIONS FROM BUSINESS DICTIONARY . . . CONTAINERS ARE NOT "MATERIALS" AS SUCH, BUT SHOULD RATHER BE DEEMED ...