Township Nixes Tree Ordinance

The has decided against moving ahead to establish a local tree ordinance that would set requirements for residents to maintain trees along streets and in public right-of-ways — but that doesn't mean they can expect the town to provide the same level of cleanup service as after last year's major storms.

"We don't have the obligation I thought we had," said Township Committeeman John Malay, after the township received and a verbal report from Township Attorney John Belardo at Tuesday's committee meeting.

The township's extensive response to picking up debris from damaged and destroyed trees and foliage after 2011's hurricane and October snowstorm places was an option, not an obligation, Belardo advised.

Just because the township department of public works provided a service to collect and remove storm-damaged trees, particularly during last October's "unusual" snowstorm, doesn't mean the township is obliged to do the same if there is a storm that causes similar tree damage in the future, Belardo told the Township Committee.

Belardo said that the courts recognize that municipalities have limited funds to spend on tree trimming and removal.

"We are having this discussion because of the storm in October where we spent hundreds of thousands of dollars to clean up," said Township Committeeman John Carpenter. 

The attorney also advised local officials that the township actually could be increasing its potential legal liability with a tree ordinance. Right now, the township is not liable for damage called by falling limbs or many other issues with trees unless it can be proven beforehand that the municipality knew about — and ignored — a situation that placed the public in danger.

"Obviously if you have a hazard or [fallen] trees in a public area, you will have to deal with those first," Belardo said.

And the report from the Shade Tree Commission, prepared by Commission Chairman Randy Santoro, suggested that setting up an ordinance would require the township to arrange for enforcement of a new law, and also set up a panel or avenue of disputing whether trees in the public right of way really would pose a public hazard.

"I am not in favor of an ordinance," Carpenter said after receiving the reports. He said he would not want the township to take on extra liability and obligations, or to pit residents agains the township in removing which trees should be cut back or removed.

Mayor Mary Pavlini said she favors the status quo, in which the township's administrator, Bruce McArthur, and head of the Public Works Department, Pat Monaco determine what work needs to be done for tree trimming or removal.

But residents should be aware that they should maintain all trees on their property, whether or not they are right up by the road curb, Malay said.

"The town doesn't want to be in the tree maintenance business other than on public property," Malay said.

Following the meeting, Santoro said he was not surprised by the Township Committee's decision. "I think we filled the Township Committee's request to understand the implications of having an ordinance," he said.

Santoro said he believes township officials may have changed their view after considering administrative costs for enforcing a tree ordinance.

Santoro said he believes the policy as it stands is a "good compromise." The township DPW has been trimming trees that could block school buses or a place where plowed snow could be piled.

The commission had looked at an ordinance in Summit that requires tree maintenance, and could bill a resident if the township was forced to trim or remove a tree determined to create a public hazard, Santoro said in the report and at the meeting. But the report said an ordinance like the one in Summit would "mark a significant departure from current practice in Bernards Township."

"The STC (Shade Tree Commission) believes that sudden changes to long-established policies and practices become increasingly more difficult to implement smoothly the more they upset settled expectations of township property owners," the report continued.

But Santoro said the township website already includes a list, on the environmental commission's page, of trees suitable for planting in Bernards Township. The STC also will in the future post a list of trees that could be placed in public right of ways, or under power lines, he said.

In the meantime, the Township Committee did approve a Cool Cities Initiative in which the Shade Tree Commission will plant trees on public property to help shield buildings from summer sun and winter winds.

Santoro said plans are to begin by planting trees at theand