Pompton Lakes council sets Sept. 1 grace period for new tree ordinance; debate continues over fine cap

The Pompton Lakes Borough Council voted on May 8 to adopt a grace period delaying enforcement of the borough’s newly adopted shade-tree ordinance until Sept. 1, allowing time for an education campaign, inspections procedures to be established, and consultant contracts to be finalized.

"There is no enforcement. There is no inspections. No violation fee, up until September 1," Borough Administrator Michael Corrado told the council as he summarized the adopted grace period and the staff plan to retain a consultant (a forester) to perform permitting and assessments.

Council members engaged in detailed debate about the ordinance’s violation structure. The draft ordinance allows a forester to determine replacement cost and authorizes fines up to $1,000 per tree removed or damaged in violation; members discussed whether that cap should be reduced to $500, be applied as a staged or size-based range, or be adjusted to avoid penalizing residents who unintentionally harm trees (for example, by overmulching or pruning). Several members emphasized that many permit applicants will be exempt because the ordinance excludes dead or hazardous trees, and that permit and replacement-fee revenues should cover forester site-visit costs, historically quoted at about $75–$95.

Councilwoman Kilberg and others asked staff and counsel to consider clearer language on what constitutes a finable cause of tree death (mulch, pruning, disease) and to consider exceptions or staged fines for property owners doing permitted work. Council discussed whether contractors who remove borough/right-of-way trees without authorization should face separate enforcement.

Administrators and council members asked staff to return with recommended changes to: the cap and structure of fines, exceptions for accidental or exempt situations, permit and replacement-fee schedules, and how arborist determinations would be documented. Staff said they would review consultant bids and return to council with refined ordinance language and fee proposals at a future meeting.

The council’s initial action to delay enforcement gives residents a period to be informed of permitting requirements while staff and counsel refine enforcement details.

Next steps: staff to research fee structures and exceptions, review forester proposals, and bring recommended ordinance edits and a fee schedule back to council for action before enforcement begins on Sept. 1.