Page 4 THE VILLADOM TIMES I • April 7, 2010 Franklin Lakes Council stiffens fine for illegal tree removal by Frank J. McMahon The Franklin Lakes Council has adopted an ordinance that sets a minimum fine for any person who violates the borough code concerning illegal damage, removal, or destruction of a tree. Under the new ordinance, the guilty party will also be required to replace the tree or trees in question. Those who violate any of the provisions of the land use and development section of the code will be subject to a fine of not less than $250 or more than $1,500, and/or imprisonment in the county jail for a period not to exceed 90 days, and/or 90 days of community service. Each tree damaged, removed, or destroyed in violation of this chapter of the code will be considered a separate offense, and a separate fine would be levied for each tree. The ordinance also allows the court to require the guilty party to restore areas where trees have been removed or damaged in violation of the code. For instance, where a tree that has a trunk that is minimally 12 inches in diameter has been removed, the court must require the responsible party to replace that tree with three, four-inch diameter trees. The same calculation must be used to determine the size of other replacement trees. The issue arose at a recent planning board meeting when Kevin Burnette, the borough’s building inspector and zoning officer, advised the board that he had a problem with an Indian Trail Drive resident who had taken down trees without a tree removal permit, and the resident claimed he did not need a permit. After reviewing the case with Kris Hasbrouck, the borough’s arborist, Burnette explained that the matter went to municipal court and the resident was only fined $120, even though there is a $1,500 maximum fine for tree removal. Burnette told the board the borough code contained no minimum fine and the acting municipal court judge did not impose any tree replacement requirements on the resident. Franklin Lakes Planning Board Attorney John Spizziri explained that the penalty is determined at the discretion of the municipal court judge, and the code previously called for any person who violated any of the provisions of that subsection of the code to be subject to a fine in the maximum of $1,500 upon conviction and/or imprisonment in the county jail for a period not to exceed 90 days, and/or 300 hours of community service. On that basis, Spizziri recommended the council be asked to establish a minimum fine for this violation. Burnette suggested a $500 minimum fine, and board member Joseph Cobuzio suggested a replacement provision be included in the new ordinance. When the ordinance was introduced, (continued on page 14) ����������������� ���������������� 3-17-10 janine FOR THE PERFORMING ARTS • Dedicated to teaching the love VilladomWebsite3x2(3-17-10) of dance in a healthy and positive 3 xenvironment. 2” The King Centre The Finest Education in the Arts “Locally Grown - Nationally Known Come Grow With Us” Every Journey Starts With The First Step Specializing In Classes For Young Dancers 2½ Plus • Learn from a staff with amazing credentials including the Rockettes Broadway Shows: “Wicked”, “Sweet Charity”, “Movin’ Out”, 42nd Street, “Footloose”, the Joffrey Ballet & NYC Ballet, movies and so much more. Be sure to k up your FREE pic re 36 page King Cent book. coloring Artistic Directors: Natalie King Smith - Rockette/Broadway/TV/Film Nancy King - Founder of The King Centre and New Jersey Foundation for Dance and Theater Arts/Master Teacher/Choreographer Dance • Voice • Musical Theater – Boys Only Combo Class – WANAQUE REGISTER NOW for Summer & Fall Classes MAHWAH/WYCKOFF 60 Whitney Rd, Mahwah 527 Ringwood Ave WEST MILFORD 179 Cahill Cross Rd (201) 848-7001 www.kingcentredance.com (973) 839-4031 (973) 728-0002