Tenafly council agrees to place homeowner tree-mitigation appeal on a future agenda; directs staff to draft RFP for contracted tree-inspection services

The Tenafly Mayor and Council agreed during its meeting to place on a future agenda an appeal by a homeowner disputing a public-works determination that mitigation requirements for removed trees were not satisfied.

The appeal concerns a property the owners said they bought and began living in in summer 2022. The homeowners said they removed nine trees with a permit, posted a mitigation bond—reported in the meeting as $11,250—and were later told they must plant the equivalent of 25 "major" replacement trees. The homeowners told the council they have about 45–50 trees and ornamentals on the lot and that a landscaper advised only four to five additional major trees could reasonably be planted on the parcel. They said replanting 25 major trees would cost approximately $500 per tree in nursery and planting costs, and that meeting the requirement in place is not feasible given the lot layout.

Michael Cassidy, Tenafly public works director, told the council he inspected the property, measured the trees, and has a written determination that the mitigation requirement was not met and that the escrow should be forfeited. Cassidy said the permittee is required to notify the department within six months after completing work that the replacement trees were planted; to his knowledge that notification was not submitted.

Council members said the hearing could not proceed tonight because the applicant had not filed the formal appeal paperwork and required public-notice materials. Borough administrator Omar confirmed staff will put the item on a future agenda once the property owners submit the required appeal documents; council members suggested the owners may aim for the April 22 meeting if notice can be served in time, or May 6 if not.

On a related item, council members discussed a proposal to issue a request for proposals (RFP) to hire licensed tree specialists or contracted inspectors to perform mitigation inspections. Council members and staff said Tenafly has fallen behind on tree-mitigation inspections and that using contracted inspectors—billed against mitigation escrows—would be intended to be cost-neutral for the borough while speeding adjudication. The council asked staff to draft an RFP and circulate it to members; the public-works director said the department has previously reduced a multi-year backlog but that a persistent inspection backlog remains.

The council directed staff to (1) provide the homeowners with instructions and deadlines for filing the formal appeal and notice to neighbors, (2) include Michael Cassidy's written determination in the file, and (3) prepare the RFP draft for licensed tree-inspection services and return it to the council for review.

The council took no final decision tonight on the appeal itself; it was scheduled for placement on a future agenda after the applicant submits the required documentation.

Ending: The council set administrative next steps rather than issuing a ruling: homeowners were instructed to file the formal appeal and serve required notices, staff will include the public works director’s written determination in the file, and the RFP process for contracted tree inspections will proceed to draft stage for future council review.