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Main, News
By KAITLIN BAVARO on
June 13, 2024
Mountainside Council Discusses NJDEP Mandates

MOUNTAINSIDE — Mountainside Borough Attorney John Post discussed three new ordinances that are being mandated by the New Jersey Department of Environmental Protection (NJDEP) in Mountainside during a work session of the mayor and council last week: one regardingsalt-storageregulations,another concerning tree removal, and a third addressing stormwater drainage.

Inthepast,Mountainsiderequiredresidents to obtain a permit to cut down more than five trees a year in any given area.

Now, however, the NJDEP is adding new regulations to the list.

During Wednesday night’s meeting, Mr. Post explained that municipalities will now be required to ask residents to obtain permits to cut down any tree that, among other parameters, has a diameter of more than 10 inches.

Moreover, if a resident wants to hire a contractor to cut down a tree that exceeds the minimum parameters as stated by the NJDEP, that contractor would need to be licensedbythestateofNewJerseytodoso.

On top of that, if a resident wants to cut downatreethatexceedsthegivenparameters, theymustreplacethetreewithatree of a similar caliber or by multiple trees of smaller caliber.

However, if a tree is considered to be unsafe by a forester/arborist, some examples being if a tree is about to fall down or if the tree lifts the curb up, it can be cut down without a permit or with the requirement to be replaced. The council plans to hire a forester/arborist who is certified to address the needs of the borough, a strategy that Springfield has already implemented.

There also was a discussion about shade trees, which is a tree that is large enough to provide shade. Mountainside has a shade tree commission that is in chargeofallshadetreesthatarelocatedin the“right-of-way,”whichisusuallywithin 10 feet of a borough street. Shade trees that exist in between where the pavement ends on any given street and where the right-of-way ends cannot be cut down.

“This has been on the books for many years,” Mr. Post said.

Mr.PostalsoexplainedthattheNJDEP is expected to start requiring additional storm-water mitigation efforts at the municipal level in order to combat rising storm projections.

These new regulations, Mr. Post said, will be discussed further at future council meetings.

While these mandates are not yet in effect in Mountainside, they will be required to go into effect in the coming months. The Mountainside Borough Council is planning to reach out to the NJDEP to receive more information on thesechangessothatthecouncilcansend out flyers to Mountainside homeowners aswellasincludethesemandatedchanges on the borough website.

The council also discussed upcoming changes to the borough’s road salt-storage ordinance.

Mountainside currently has its own salt-storagefacilitythatisprivatelyowned by the borough, for the storage of salt and other ice-melting chemicals. The new ordinance regarding salt-storage facilities, which also is being drafted in accordance with state-level regulations, states that the facility must meet the following requirements: the structure must be designed to withstand at least 110 mph winds; it must be covered by PVC or other similar fire-rated material with a minimum 20-year warranty; concrete blocks, jersey barriers or other similar material must be placed around the interior of the structure to protect the side walls during loading and unloading deicing materials; the design must prevent storm-water run-on and run-through; the structuremustbeerectedonanimpermeable slab; the structure cannot be opensided; and it must have a roll-up door or other means of sealing the access way from wind-driven rainfall.

All three ordinances are expected to be introducedduringthecouncil’snextregular meeting, scheduled to be held on Tuesday, June 18, in Borough Hall.

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