Page 4 THE VILLADOM TIMES I • February 13, 2013 Franklin Lakes Changes to borough’s tree ordinance planned by Frank J. McMahon The Franklin Lakes Council is preparing to change the borough’s tree ordinance “to bring some common sense to it,” according to Mayor Frank Bivona. Borough Administrator Gregory Hart recently advised that the borough’s current regulations have been under review by the council’s Tree Ordinance Committee since last May. That committee consists of Hart, Bivona, Councilmen Thomas Lambrix and Frank Pedone, Shade Tree Commission Chairman Michael Tulp, and Shade Tree Director Kris Hasbrouck. Hart said the committee plans to recommend a number of substantive changes to the ordinance affecting trees. Hart explained that the committee wants to reorganize the tree ordinance with a lot of process changes and provisions to identify jurisdiction in the matter of trees. He also explained that the new ordinance would establish the position and duties of a “tree specialist” who might be a borough employee or an independent contractor, and would explain how that tree specialist would be used. In addition, the ordinance would specify how fees or escrow amounts would be changed to pay for the specialist’s services. The duties of the borough’s shade tree commission are also clarified in the ordinance, Hart said, and a requirement has been added for escrow deposits for the tree specialist for planning and zoning board applications. Provisions prohibiting retaining walls, berms, and re-grading in setback areas are provided, and a soil removal provision for a planning or zoning board review has been deleted. In one section of the ordinance, soil removal fees are simplified and increased to include the estimated cost of a tree specialist review, and on soil removal applications, instead of requiring an escrow amount, fees would be increased to recoup the tree specialist costs. In another section, several definitions are added or clarified, including “hazardous tree,” “invasive tree,” and “tree escrow fund.” The definition of “no disturbance area” was deleted, together with all references to such an area. In another section, the permitted tree removal and tree replacement requirements are clarified, including the provision that allows homeowners to take down 10 percent of the trees on their properties. There is also a section that establishes the procedure for making an application to the borough council for tree removal that would be in addition to the tree removal permitted under a prior section. Another section clarifies the requirements for a tree removal application as part of development application before the planning or zoning board. Tree replacement requirements have been amended and clarified, and an increase in the fee for a tree removal permit is proposed. A fee for the removal of dead trees which is not in current ordinance would also be required. Surety bond requirements and the provisions for waiving a tree replacement have been clarified. The proposed tree ordinance was discussed further at the council’s Feb. 5 work session and then presented to the borough’s planning board on Feb. 6. Hart said the measure could potentially be introduced by the council at its Feb. 19 meeting. An ordinance that would amend and supplement provisions of the borough code pertaining to the recreation code of conduct has been introduced by the Franklin Lakes Borough Council. The ordinance also includes the addition of provisions on bullying, harassment, and aggressive physical conduct, and amendments to the processes for enforcing the code of conduct. The current ordinance in the borough code describes the Recreation and Parks Committee, which consists of 11 members, all of whom are required to be borough residents. Appointments to the committee for staggered three-, two-, and one-year terms are to be made by the mayor with the advice and consent of the borough council, after which the terms must be for three years. No member can serve for more than two full consecutive terms. The organization of the Recreation and Parks Committee is explained in the amended ordinance along with a set of responsibilities. Those responsibilities include establishing annually a Code of Conduct Committee consisting of five of its members, providing guidance and general oversight for all of the borough’s recreational programs and use, striving to maintain safe youth and adult programs that meet the needs of the community, maintaining a safe environment for borough residents, promoting volunteerism for recreation and park programs, and ensuring compliance with the department’s code of conduct. Council updates code of conduct The ordinance lists certain types of conduct that are prohibited and are in violation of the code. These types of conduct include fights, scuffles, aggressive verbal arguments and threats. Individuals are also prohibited from initiating the aforementioned activities or physical altercations or abuse, or threats of abuse, toward any participant, parent, guest, spectator, coach, or official. The ordinance also prohibits interfering with recreation activities; entering a field of play, court, or rink during any youth sporting event for the purpose of physically of verbally abusing or confronting coaches; using obscene or profane language; making obscene gestures or racial, ethnic, or sexual slurs; or throwing objects onto a field of play, court, or rink. The ordinance specifically prohibits bullying, harassment, and other forms of aggressive behavior and aggressive physical contact with participants. According to this ordinance, allegations or claims of violations of the code of conduct may be presented to the recreation and parks director or the Code of Conduct Committee, or they may initiate an investigation of conduct that might constitute a violation of the code. Based on the severity of the violation, they may issue a suspension for a period of time to be determined by the director or the Code of Conduct Committee, or ban a violator from participating in recreation programs permanently. (continued on page 17)