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Ogdensburg introduces tree-removal ordinance to meet NJDEP MS4 (TIER A) deadline
Summary
On April 8 the Ogdensburg council introduced Ordinance 07-2024 to add a tree-removal and replacement section to the borough MS4/TIER A code. The ordinance includes application requirements, a possible $500 in-lieu fee, a prohibition list for replacement species, and penalties up to $1,000; adoption is needed by May 1 for permit compliance.
The Ogdensburg Borough Council on April 8 introduced Ordinance 07-2024 to amend Chapter 18 of the municipal code to implement tree-removal and replacement rules required by the NJDEP MS4 TIER A permit.
Borough Attorney Robert McBriar told council members the state assigned all municipalities to TIER A and the borough must adopt the remaining model ordinance provisions to remain compliant. McBriar said the draft before council contains discretionary elements: an application requirement to Mayor and Council (with a fee to be set by the council), a draft $500 in-lieu fee option if replacement cannot be planted on a property, and language to prohibit certain replacement tree species. He said violations carry a flexible penalty provision with fines not exceeding $1,000, giving the enforcing prosecutor discretion on penalties. McBriar noted the ordinance was reviewed by Van Cleef Engineer/Planner Joe Vuich.
Robin Hough, the borough clerk, flagged the permit deadline: adoption of the ordinance is needed by May 1 to comply with the TIER A permit requirements. Council discussion touched on exemptions, the number of trees a property owner may remove, and whether to form a shade commission; no final policy choices on fees or prohibited species were made at the introduction.
A public hearing on Ordinance 07-2024 was scheduled for April 22, 2024, when the council may decide on fee schedules, prohibited species lists and final penalty language.
