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Council hears concern about hazardous private tree near Lincoln School; officials note limits to municipal authority

3834457 · May 20, 2025
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Summary

Residents and council members discussed a dead ash tree near a school crossing that borough forester identified as hazardous; officials said the tree is on private property and the borough’s code does not authorize forced removal, but they will notify the homeowner and consider ordinance changes.

Neighbors and council members raised safety concerns on May 14 about a dead ash tree at 940 Pecuanic Avenue that a borough forester identified as hazardous and which hangs over a school crossing.

Council members said the town had placed the homeowner on notice but that the tree is on private property and borough code does not give the municipality authority to remove private trees. The building inspector and property maintenance official confirmed the code’s limits; the forester’s inspection triggered a notice to the homeowner but the borough does not have authority to force removal absent a code provision.

Several council members urged further action given the tree’s location near Lincoln School and pedestrian routes. Administrator Michael Corelli said staff could follow up with additional notices, and council discussed whether to draft an ordinance to allow municipal action in cases of hazardous private trees — but members acknowledged that expanding authority could create many neighbor disputes and potential court involvement.

The council asked staff to research options, including a possible ordinance change, and to provide recommendations at a future meeting. Officials said they would continue to document the hazard and notify the property owner.