July 20, 2011 THE VILLADOM TIMES III • Page 7 Ho-Ho-Kus Revised shade tree ordinance up for public hearing by Jennifer Crusco Next week (July 26), the Ho-Ho-Kus Council will hold a public hearing on Ordinance 992, which proposes amendments the municipal code regarding the borough’s shade trees. The ordinance includes definitions for the terms drip line and tree protection zone, and clarifies what is considered a tree. According to the proposed ordinance, a tree is considered any tree, shrub, or plant, or any root, branch, flower, or other part thereof that is located in or on any street, park, or public property. The existing shade tree ordinance, which was adopted in 2003, defines a tree as “(a)ny shade tree or other part thereof, that is located in or upon any street or part of within a public right of way which shade tree shall consist of any deciduous or coniferous species which reaches a typical mature height of 12 feet or more, and has a typical diameter at breast height of four inches or greater at maturity.” Drip line is defined as a boundary on the soil surface delineated by the branch spread of a tree or group of trees. The tree protection zone is an area designated by the Ho-Ho-Kus Shade Tree Commission to be free of equipment, supplies, or building materials. These zones will be surrounded by orange construction fences. Ordinance 992 also outlines the following duties that are to be carried out locally: “regulation, planting, care, and control of shade and ornamental shrubbery upon and in the streets, highways, public places, parks and parkways of the Borough of Ho-Ho-Kus, except state highways, unless the State Department of Transportation (NJDOT) shall assent thereto.” The updated ordinance also notes, “Bergen County does not have a Shade Tree Commission; however, the Bergen County Department of Public Works does remove dead and/or hazardous trees and will prune hazardous trees if requested. Since no County Shade Tree Commission is operative and gives assent thereto, such functions shall be exercised by and under the authority of the Ho-Ho-Kus Borough Shade Tree Commission…” The borough’s regulations regarding permits currently prohibit people without permits to carry out any of the following actions: spray with any chemical any tree or near a tree to cause injury or death to said tree; fasten any rope, wire, sign or other device to a tree or to any guard about such tree; remove or injure any guard or device placed to protect any tree; close or obstruct any open space provided about the base of a tree to permit the access of air, water, and fertilizer to the roots of such trees; and cut, prune, brake, injure, remove, disturb, or interfere in any way with any tree. Under Ordinance 992, this final prohibition would be amended to include disturbances to the root systems of trees. In addition, permits would be required for anyone planning to excavate under the drip line. The proposed ordinance also includes updates to the existing regulations regarding wires and utility trimming, and penalties for violations. “All monies collected, either as fines or penalties, for any violation of a rule or regulation of a Shade Tree Commission or as a charge against real estate, under any provision of this ordinance, shall be forthwith paid over to the custodian of the municipal funds,” the ordinance states. “Restitution shall be paid to the Ho-Ho-Kus Shade Tree Commission as set forth in Section 57-10 for the value of a tree removed, destroyed, or damaged and for the value of labor and materials required. The Ho-Ho-Kus Shade Tree Commission shall administer the Shade Tree Commission Trust Fund for the care, protection, and enhancement of borough trees, parks, and public properties.” Currently, no person is allowed to plant a tree in a public park or on a public street without a permit. Permits are available at $20 each. A proposed new permit fee schedule includes the following charges: tree planting -- one to five trees, $25 each, over five trees $10 for each additional tree; tree pruning -- one to five trees, $50 each, over five trees, $25 each additional tree; tree removal -- one to five trees, $100 each, over five trees, $50 for each additional tree; excavation inspection fee, $75 per hour; and general tree inspection, $75 per hour. The public hearing will be part of the July 26 council session, which will begin at 8 p.m. in borough hall.