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Byram reviews draft tree ordinance proposing $25 application fee and replacement alternatives
Summary
The council reviewed a final draft of a tree ordinance that would require an application (suggested $25 fee), set replacement-alternative fees in lieu of planting, assign enforcement to the zoning officer, and exempt planning-board applications with planting plans; Councilman Roseff urged defining "hazardous tree" and raising the removal threshold.
Township Manager Joseph Sabatini presented the final draft of a tree ordinance on March 19 and outlined key provisions the council will consider before introducing the ordinance at its April 2 meeting.
Sabatini said the draft would require an application per Section III.A with a suggested $25 fee and would permit a fee-in-lieu option under "Replacement Alternatives," modeled on Randolph Township. He said the township planner will provide a list of tree species to include with the application and that the Zoning Officer or the Township Manager's designee would be responsible for enforcement; standard language from Chapter 1-15 would be used for violations and penalties.
Attorney Tom Collins said planning-board applications would likely be exempt if they include a planting plan. Councilman Roseff raised concerns about how the draft interacts with planning-board processes, suggested adding a definition for "hazardous tree," and proposed increasing the number of trees that could be removed without special permitting to 10. Roseff said he would contact Daniel Kuti at the New Jersey Department of Environmental Protection before the next meeting.
Why it matters: the draft ordinance affects property owners, developers and the township's management of street trees; fees or fee-in-lieu provisions could generate funds earmarked for tree maintenance or removal.
Next steps: staff will work with the township planner and counsel to refine the draft and the council will consider introduction on April 2, 2024.
