Page 6 THE VILLADOM TIMES I • March 13, 2013 Franklin Lakes New ordinance to change borough code on trees by Frank J. McMahon A new ordinance that was recently introduced by the Franklin Lakes Council would amend various segments of the borough code to implement comprehensive revisions to those ordinances that pertain to trees. Franklin Lakes Borough Administrator Gregory Hart explained that the council’s Tree Ordinance Committee has been reviewing the borough code relating to trees since last May, and the new ordinance would reorganizes the borough’s tree ordinances and establish the position and duties of a borough “tree specialist.” The duties of the tree specialist would include the responsibility for the conservation of trees and soil within the borough, and administering the provisions of the section of the code on the planting of trees, obtaining the approval of the shade tree commission, and other aspects of the planting and removal of trees. A new article entitled “Officers and Employees” would establish the position and duties of the tree specialist, who may be an employee or an independent contractor, Hart said, and the duties of the borough’s shade tree commission are also clarified in the ordinance. Hart pointed out some of the more important sections of the new ordinance, such as the chapter in the code entitled, “Land Use and Development,” which would add the requirement for various escrow deposits for the tree specialist on planning and zoning board applications to cover the reasonably anticipated borough expenses for professional services and costs. That section would also add provisions that prohibit retaining walls, berms, and re-grading in setback areas. A provision would be added to the soil removal section to make clear that it must comply with tree preservation and removal provisions of the code. In another section, soil removal fees would be simplified and increased to include the estimated cost of a tree specialist review instead of requiring an escrow amount to cover that cost. The proposed ordinance includes several definitions that have been added or clarified, including “hazardous tree,” “invasive tree,” and “tree escrow fund.” The definition of a “no disturbance area” was deleted, together with all references to such an area. Another section would clarify the permitted tree removal and tree replacement requirements, including the provision that allows 10 percent of trees to be removed. The ordinance would also establish the procedure for applying to the borough council for tree removal in addition to the tree removal that is permitted under the previously noted section. Tree removal application requirements are also clarified in another section as part of a development application to the planning or zoning boards where the tree replacement requirements are also amended and clarified. The proposal includes an increased fee for a tree removal permit and the establishment of a requirement for a fee for removal of dead trees. That fee would be $35 for the first five trees and $5 for each additional tree. The ordinance includes a clarification of the surety bond requirements to require a cash or bond for tree preservation and tree removal in all cases where a planning or zoning board, borough council, or soil removal approval is required. That bond requirement may be waived if there is minimal or no threat to trees on the property. (continued om page 22)