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Council adopts NJDEP-backed tree-removal ordinance after debate over fines and private-property scope
Summary
Council approved Ordinance 24-20 to align Pompton Lakes code with NJDEP stormwater rules; several council members pressed to reduce proposed fines and to revisit fee levels at the next meeting. Staff said delay risks stormwater program compliance and funding.
After extended debate, Pompton Lakes Borough Council adopted Ordinance 24-20 on April 24, a revision to local code addressing removal, protection and replacement of trees on private property intended to comply with state stormwater regulations.
Opponents on the council argued the draft ordinance, which incorporates model language from the Department of Environmental Protection, contained penalty amounts and requirements that could be burdensome to private property owners. One council member said the ordinance as written felt like "governmental overreach" and warned it could impose substantial fees on homeowners who remove multiple trees.
Borough staff and the municipal stormwater consultant countered that adopting the model ordinance is necessary to maintain the town’s MS4 stormwater program and related compliance. The municipal engineer told the council that, "if we do not adopt it tonight, we are putting our stormwater management program at risk," and staff recommended adopting now with the option to amend fee schedules at the next meeting.
Council voted to adopt the ordinance but directed staff to return quickly with specific fee options and clarifications, including how arborist verifications and replacement schedules would be administered for private-property removals.
What this means: The ordinance applies replacement schedules (for example, 1:1 up to 1:4 depending on tree size) and allows the borough to verify claims of death or hazard by an arborist so that replacement schedules or fees may be waived. Council members said they expect to revisit monetary penalties and permitting fees before enforcement begins.
