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HomeMy WebLinkAboutORD 3900 - Amend Chapter 260 - Trees and Shrubs VILLAGE OF RIDGEWOOD ORDINANCE NO. 3900 AN ORDINANCE TO AMEND CHAPTER 260 OF THE CODE OF THE VILLAGE OF RIDGEWOOD, TREES AND SHRUBS BE IT ORDAINED by the Village Council of the Village of Ridgewood: Section 1. Chapter 260, Trees and Shrubs of the Code of the Village of Ridgewood is hereby amended as follows: ADD Chapter 260, Section 260-1, "Purpose" The Council of the Village of Ridgewood, is desirous of minimizing the indiscriminate removal and cutting of trees upon lots,parcels, and tracts of land within the Village, which can result in increased stormwater runoff, soil erosion, and decreased groundwater recharge to our groundwater aquifer-supplied potable water system. All of these can negatively impact the environmental and visual character of the Village and decrease property values. The Village desires to control the removal of Qualified Trees and require the replacement of trees that are removed with new trees. When trees must be removed, the intent of this ordinance is to provide for the planting of replacement trees in place of those lost trees, not necessarily in kind or even on the same site, but throughout the Village to maintain the Village's tree stock for future generations to enjoy. Chapter 260, Section 260-2, "Definitions" Below are defined key terms to be used with this Chapter. DBH: (Diameter at Breast Height) The diameter of a tree trunk,when measured at a height of 4.5-feet above the ground at the base of the tree, calculated as the circumference (or girth) of the tree divided by pi (3.1416). On sloping ground the "above ground" reference point is the average between the highest and lowest points of the ground at the base of the tree. If the DBH point falls on a swelling in the trunk, it is measured below the swelling point where the diameter is the smallest. In case of trees with multiple trunks, the DBH of the trunk with the greatest diameter shall be measured for permit purposes. Qualified Tree: Any tree with a diameter measured at breast height(DBH) of 8-inches or greater, on any lands within the Village of Ridgewood. Licensed Tree Expert: An individual who holds a New Jersey State Tree Expert license, or is a Board Certified Arborist or Master Arborist under the International Society of Arboriculture. Replacement Tree: Any tree proposed to be considered as replacement for a qualified tree removed under a permit. Chapter 260, Section 260-3, "Responsibility of Owner or Tenant; Notice" A. Pursuant to the authority contained in N.J.S.A. 40:48-2.26 et seq., whenever it is determined to be necessary and expedient for the preservation of the Village's tree stock while addressing issues of public safety, the owner or tenant of any land or premises within the Village, shall within ten(10) calendar days after the receipt of written notice from the Village sent by certified mail-return receipt requested to the last known post office address of such owner or tenant, shall keep all brush, hedges and other plant life which is growing within 10 feet of any roadway and/or 25 feet of the intersection of two roadways cut to a height of not more than 2.5 feet. B. The aforesaid Notice shall be sent by the Director of Department of Building and Inspections, or their authorized designee; as well as the Director of the Department Public Works or their authorized designee, and shall direct the cutting of all such brush, hedges or other plant life and shall set forth the reasons therefor. The Notice shall provide an opportunity to such owner or tenant, within five days of the receipt of such notice, to show cause before the identified Directors in the Notice, by sending a written reply to such notice within five (5) calendar days of the receipt of such Notice why the demands therein cannot be met. C. For locating trees that may be within the public right-of-way, all measurements for determining their location in relation to the limits of the public right-of-way shall be taken at DBH (diameter at breast height) of the tree by authorized representatives of the Engineering Division of the Department of Public Works. Chapter 260, Section 260-4, Cutting or Removal of a Tree A. No person,property owner, hired firm, or other entity shall cause to be cut or removed any existing Qualified Tree, with a diameter at breast height (DBH) fl- inches or greater, upon any private lands within the Village of Ridgewood, without a permit issued by the Village of Ridgewood in accordance with Section 260-7. Exemptions to this requirement are set forth in Chapter 260-8. B. No person,property owner, hired firm, or other entity, shall cause to be cut or removed any existing tree or trees or their root systems, upon any of the public lands of the Village of Ridgewood, unless authorized by subsequent sections of Chapter 260. Chapter 260, Section 260-5, "Other Restrictions" A. It shall be unlawful for the owner or occupant of any lands within the limits of the Village to permit to exist or harbor tent caterpillars, gypsy moth, or any other insect detrimental to the health and wellbeing of a tree on such premise after being noticed of such by certified mail return receipt requested. Any firm retained to eradicate insects in or on trees shall be duly licensed for such tasks by the New Jersey Department of Environmental Protection. B. It shall be expressly prohibited anywhere within the public right-of-ways and public properties of the Village of Ridgewood to affix a sign or any other device to a tree of any size by means of any type of fasteners, including but not limited to, nails, screws, or bolts. C. It shall be expressly prohibited in the Village of Ridgewood to fasten any rope, wire, or cable to a tree within the public right-of-way for any reason other than for staking stabilization purposes of the tree in accordance with standard arboriculture practices. D. No person shall hitch or fasten an animal to any tree or shrub within a public right-of-way or any guard or support provided for such tree or shrub or permit an animal to bite or otherwise injure any such tree or shrub. E. No person shall permit or cause to be permitted the discharge or release of any liquid, gas or solid compound containing injurious chemicals to come in contact with the stalk, leaves, bark or roots of any tree or shrub within the public right-of- way. F. During the execution of any work on trees on public lands in the Village of Ridgewood, other than for a tree's removal, no gaffs or spikes shall be permitted to be used to ascend a tree by a climber. G. It shall be expressly prohibited in the Village of Ridgewood to alter or prune any tree within the public right-of-way, or the conditions surrounding a tree in the public right-of-way in such a manner which may reduce its viability and life span. H. The planting in the Village of"running bamboo"known as "phyllostachys aureosulcata", or any bamboo of such genus shall be prohibited. I. Decorative lights shall not be strung or affixed in or on any tree within the public right-of-way or on public property. No electric cords or wiring shall be permitted to encircle the trunk of a tree within the public right-of-way. Exceptions to this shall be Village of Ridgewood sponsored and/or authorized projects, as well as Village Manager authorized decorative lighting requests from Central Business District locations for the duration of November 15tn through January 15tn Chapter 260, Section 260-6, "Sidewalk Construction and Driveway Enlargement" A. When a sidewalk is constructed or being reconstructed due to defects, within the public right-of-way, the party responsible for the work(i.e. the adjacent property owner), shall coordinate all work that may affect the root systems of trees within the public right-of-way with the Village's Arborist or their designee. Such responsible parry shall be required to notify the Village Arborist prior to the commencement of any such work. B. No tree, tree root or roots shall be cut or removed for sidewalk construction, reconstruction or driveway enlargement within the public right-of-way, without first obtaining written authorization from the Village Arborist. The Village Arborist shall provide any requested documentation regarding same to the Engineering Division for the Curb and Sidewalk Permit. Said authorization shall be appended to either the zoning review of the proposed work or a curb and sidewalk work or driveway enlargement permit issued by the Engineering Division. C. Any tree within the public right-of-way removed for a driveway enlargement or construction shall be considered a Qualified Tree, and replaced in accordance with the provisions of Chapter 260-10. D. The Village Arborist or their designee shall have authority to determine in such instances covered in this section whether root grinding, a tree's removal, a"round out" or"bump out" is warranted for trees within the public right-of-way, with the goal to preserve trees as best as possible. Defective sidewalk slabs within 5.0 feet of a tree shall be removed, and a new slab cast in accordance with the Village Arborist's directive. E. Any tree roots cut, damaged, or removed in the public right-of-way without the Village Arborist's or their designee's authorization, shall be deemed a violation of this Chapter. Chapter 260, Section 260-7, "Permit Requirements for Qualified Tree Removal" A. Any Qualified Tree desired to be removed, in the Village of Ridgewood, shall require a permit issued by the Division of Engineering of the Department of Public Works, unless said tree meets the exemption criteria in Chapter 260-8. B. All applications to the Village of Ridgewood Planning Board, Zoning Board of Adjustment, Building Department, or Engineering Division that propose removal of any Qualified Trees, shall require a permit, unless said trees meet the exemption criteria in Chapter 260-8. C. Any application for a Qualified Tree removal permit, whether in conjunction with a major or minor subdivision application, major or minor site plan application, or other private property improvement, shall be submitted to the Engineering Division of the Department of Public Works for review and subsequent action. The Engineering Division shall coordinate all applications with the appropriate land use board, if necessary. The Engineering Division will make a courtesy notification of any applications or permits issued to the Village's Shade Tree Commission, and the Village Arborist, as necessary. Chapter 260, Section 260-8, "Exemptions from Permit Requirements" The following tree conditions shall be exempt from the provisions of Chapter 260-7. If a tree is deemed exempt, its removal shall not require a replacement tree or a permit. However, an application shall be made to determine if the tree is exempt prior to any action being taken unless an emergency situation exists. A. Any and all trees directed to be removed by the Village of Ridgewood, the County of Bergen, and the State of New Jersey authorities pursuant to the law. C. The removal of any tree or trees growing on or over the public right-of-way or public land with the consent of the Village's Arborist. D. Removal of any tree(s) that are dead, dying, or obviously diseased on private property, as determined by a Licensed Tree Expert. E. Trees that have suffered damage, trees whose growth has been significantly compromised, or are a danger or hazard to structures and human life on private property, as determined by a Licensed Tree Expert. F. Trees that have suffered damage,trees whose growth has been significantly compromised, or are a danger or hazard to structures and human life within the public right-of-way, as confirmed by the Village Arborist or their designee. G. Pruning or the removal of trees within the right-of-way recognized and accepted by Public Utility Companies for the conveyance of their services for the purpose of maintenance of said utility wires, cables, or pipelines with their attendant appurtenances. This shall also include the trimming or removal of trees that obstruct municipal signage, traffic control devices, and compromised sight angles at intersections and roadways for the safety of the public. Chapter 260, Section 260-9, "Tree Removal Permit" A. Tree Removal Permits for Qualified Trees shall contain the following: An application for a Tree Removal Permit shall be filed with the Village Engineering Division for the removal of any Qualified Trees and for the determination of any applicable exemptions. Trees determined to be exempt shall not require a permit fee as described in Chapter 145, Section 260 Fees. A Tree Removal Permit shall be valid only for the location (property) for which the application is made. The permit shall not authorize trespass on any adjoining property. Applications shall provide the following information: 1. If using a Licensed Tree Expert, for any determinations regarding trees, provide their name, address,title and license number. 2. Lot and Block or Lots and Blocks of the proposed Qualified Tree removal work. Street address of proposed work. Identity of the owner(s) of the land where the work is proposed. 3. Location of the Qualified Tree on the property(front yard, rear yard, side yard). 4. The purpose or reason for the removal of the Qualified Trees. 5. The number of Qualified Trees being removed. List by species and size (diameter at breast height). 6. Proposed start date of the work. Proposed date of completion. 7. A plan for either replacing or offsetting the trees proposed to be removed with the new tree's location on the property. The Village's Engineering Division shall, upon approval of an application for a tree removal permit, issue a permit and shall forward a duplicate of the permit to the Village Building Department and the Village Arborist. All permits shall be visibly displayed on the subject property until project completion. Chapter 260, Section 260-10, "Replacement Tree Requirements" A. When a Tree Removal Permit is filed for removal of a Qualified Tree, the applicant shall provide for a replacement tree. Replacement trees shall be provided on a one for one replacement for Qualified Trees removed. B. In the event the applicant does not or cannot provide suitable land for a replacement tree(s), the applicant shall be required to remit an amount for each Qualified Tree removed to the Village's Replacement Tree Escrow Fund. The value for a replacement tree is set forth in Chapter 145-6, Fees, section 260-10B. C. Any and all Escrowed Funds shall be used to purchase and plant replacement trees within the public right-of-ways throughout the Village,public parks, Green Acres listed Open Space Areas, stream bank restoration/protection projects, all to help maintain the Village's tree stock. D. Any replacement tree proposed shall have a DBH of a minimum 1.75-inches or greater. E. There is no permit required to plant a tree should a property owner desire to do so. The Village would appreciate notification of any tree plantings to help track the health of the Village's tree canopy. Chapter 260, Section 260-11, "Enforcement" The Director of Public Works or their designee; the Director of Parks and Recreation or their designee, the designated Village Arborist; or any other Village employee who may be designated by the Village Manager, shall have the authority to enforce this Chapter. Enforcement shall mean the following: A. Issuance of a municipal summons for the violation of any sections of this Chapter. B. In addition to any other applicable provision stated above, in the event a Qualified Tree is removed without a permit, the Village's Director of Public Works shall notify the registered property owner in writing that a replacement tree for each Qualified Tree removed must be planted in accordance with the provisions of this Chapter. Upon failure to plant replacement trees within a period of 6 months, seasonally dependent on weather and proper planting seasons, an additional summons payable at the Violations window for First (15� and Second (2nd) Offenses. Upon conviction or other determination of guilt for a violation of this Section,the fine for each offense shall not be less than the cost of each replacement tree installed,plus a penalty of$500.00,plus court costs. DELETE Chapter 260, Section 260-1, "Purpose" This ordinance rescinds and replaces in its entirety Ordinance No. 3599, previously adopted on June 14, 2017 with an effective date of July 4, 2017 that amended Chapter 260 of the Village of Ridgewood Code. The Council of the Village of Ridgewood, desiring to minimize indiscriminate removal and cutting of trees upon lots,parcels, and tracts of land within the Village which can result in increased stormwater runoff, soil erosion, and decreased groundwater recharge to our groundwater aquifer supplied potable water system. All of which can negatively impact the character of the Village and decreased properly values. The Village desires to control the removal of qualified trees and encourage the replacement of trees that need to be removed with new trees. When trees must be removed, the intent of this ordinance is for the replacement of those lost trees, not necessarily in kind or even on the same site, but also elsewhere within the Village to maintain the Village's tree stock for generations to enjoy. Chapter 260, Section 260-2, "Definitions" Below are defined key terms to be used with this Chapter. DBH: (Diameter at Breast Height) The diameter of a tree trunk, when measured at a height of 4.5-feet above the ground at the base of the tree, calculated as the circumference (or girth) of the tree divided by pi (3.1416). On sloping ground the "above ground" reference point is the average between the highest and lowest points of the ground at the base of the tree. If the DBH point falls on a swelling in the trunk, it is measured below the swelling point where the diameter is the smallest. In case of trees with multiple trunks, the DBH of each trunk shall be measured separately. Native Species: Trees that are native to the Northern New Jersey (or immediate region) environment. Qualified Tree: Any tree with a diameter measured at breast height(DBH) greater than 8-inches, on any lands within the Village of Ridgewood. Qualified Tree Expert: Shall mean an individual that holds a New Jersey State Certified Tree Expert license, or is a Board Certified Arborist or Master Arborist under the International Society of Arboriculture. Replacement Tree: Any tree proposed to be considered as replacement for a tree removed under a permit. Invasive Species or Noxious Non-indigenous Trees: Any tree listed in Appendix A of this Ordinance. Chapter 260, Section 260-3, "Responsibility of Owner or Tenant; Notice" A. Pursuant to the authority contained in N.J.S.A. 40:48-2.26 et seq.,the owner or tenant of any land or premises within the Village, wherever necessary and expedient for the preservation of the Village's tree stock while addressing issues of public safety, shall keep all brush, hedges, and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways cut to a height of not more than 2 1/2 feet, within 10 days after receipt of written notice sent to the last known post office address of such owner or tenant, by certified mail- returned receipt mail, to cut the same. B. The aforesaid notice shall be sent by the Director of Department of Building and Inspections, or their designee; as well as the Director of Public Works or their designee, and shall direct the cutting of all such brush, hedges or other plant life and shall set forth the reasons therefore and provide an opportunity to such owner or tenant, within five days of the receipt of such notice, to show cause before the identified Directors, by sending a written reply to such notice why the demands therein cannot be complied with. Chapter 260, Section 260-4. Cutting or Removal of a Tree No person,property owner, hired firm, or other entity shall cause to be cut or removed any existing tree, with a diameter at breast height (DBH) greater than 8- inches, upon any lands within the Village of Ridgewood, without a permit. Any such cutting or removal of a tree or trees, with a DBH greater than 8-inches, shall only be permitted in accordance with the provisions of this chapter. Exemptions to these requirement are set forth in Chapter 260-8. Chapter 260, Section 260-5, "Other Restrictions" A. It shall be unlawful for the owner or occupant of any lands within the limits of the Village to permit to exist or harbor tent caterpillars, gypsy moth, or any other insect detrimental to the health of a tree. Any firm retained to eradicate insects trees shall be duly licensed for such tasks by the New Jersey Department of Environmental Protection. B. The Village Manager may appoint from time to time one or more inspectors to make an inspection of the trees or shrubbery in the Village, on both public and private lands, for the purposes of identifying any insects detrimental to the well- being of trees and shrubbery. If such insects are noted,the inspectors shall notify the responsible property owner by certified mail-return receipt letter requesting that they address the noted concerns within 14 calendar days from the date of the letter at their cost. Failure to do so will be considered a violation of this Chapter. C. It shall be expressly prohibited anywhere within the public right-of-ways and public properties of the Village of Ridgewood to affix a sign or any other device to a tree of any size by means of fasteners like nails, screws, or bolts. D. It shall be expressly prohibited in the Village of Ridgewood to fasten any rope, wire, or cable to a tree within the public right-of-way for any reason other than for staking stabilization purposes in accordance with standard arboriculture practices. E. No person shall hitch or fasten an animal to any tree or shrub within a public right-of-way or any guard or support provided for such tree or shrub or permit an animal to bite or otherwise injure any such tree or shrub. F. No person shall permit or cause to be permitted the discharge or release of any liquid, gas or solid compound containing injurious chemicals to come in contact with the stalk, leaves, or roots of any tree or shrub within the public right-of-way. G. During the execution of any work on trees in the Village of Ridgewood, other than for a tree's removal, no gaffs or spikes shall be permitted to be used to ascend a tree by a climber. H. It shall be expressly prohibited in the Village of Ridgewood to alter or prune any tree within the public right-of-way, or the conditions surrounding a tree in the public right-of-way in such a manner so as to reduce its viability and life span. I. It shall be unlawful for the owner or occupant of any lands within the limits of the Village of Ridgewood to plant or install an invasive species or noxious non- indigenous trees listed in Appendix A in such a manner so as to cause the planting to extend beyond the boundaries of the owner or occupant owned parcel. Examples of prohibited species are "Tree of Heaven" and all forms of Bamboo plantings. J. It shall be unlawful for the owner or occupant of any lands within the limits of the Village to permit to exist or harbor any insects detrimental to the wellbeing of trees or shrubbery on such premise after being noticed of such by certified mail return receipt requested. Chapter 260, Section 260-6, "Sidewalk Construction and DrivewayEnlargement" When a sidewalk is constructed or being reconstructed due to defects, within the public right-of-way, the party responsible for the work (i.e. the adjacent property owner), shall coordinate all work that may affect the roots systems of trees within the public right-of-way with the Village's Arborist(Qualified Tree Expert). No tree root or roots shall be cut or removed for sidewalk construction or driveway enlargement, without obtaining the Village Arborist's authorization. The Village Arborist shall have sole authority in the determination if root grinding, a tree's removal, or a round out or bump out are warranted with the goal to preserve the trees in the public right-of-way as best as possible. Any tree roots cut or removed without the Village Arborist's authorization shall be deemed a violation of this Chapter. Chapter 260, Section 260-7, "Permit Requirements for Tree Removal" Any Qualified Tree desired to be removed, with a diameter at breast height (DBH) of greater than 8-inches, in the Village of Ridgewood, shall require a permit issued by the Division of Engineering of the Department of Public Works, unless said tree meets the criteria for exemption from permit requirements in Chapter 260-8. No tree over 8-inches DBH shall be cut or otherwise removed from any lands in the Village without a tree removal permit, with the exception of those meeting the conditions of the exemptions as set forth in Chapter 260, Section 4 and 7. All such trees shall be referred to as Qualified Trees. All applications to the Village of Ridgewood Planning Board, Zoning Board of Adjustment, Building Department, or Engineering Division that require, as part of the proposed work, the removal of any Qualified Trees, as defined in this Chapter, unless otherwise exempt pursuant to the provisions of this Chapter, shall submit an application for a tree removal and protection permit. All applications for a tree removal and protection permits, whether in conjunction with a major or minor subdivision application, major or minor site plan application, or other development of property improvement action, shall be made to the Engineering Division of the Department of Public Works for review and subsequent action. The Engineering Division shall coordinate all applications with the appropriate land use board, the Village's Shade Commission, and the Village Arborist. Chapter 260, Section 260-8, "Exemptions from Permit Requirements" The following tree conditions shall be exempt from the provisions of this Chapter. If a tree is deemed exempt, its removal shall not require a replacement tree. A. Any and all trees directed to be removed by the Village of Ridgewood, the County of Bergen, and the State of New Jersey authorities pursuant to the law. B. Removal of any tree or trees which are dead, dying, or obviously diseased, as determined by a Qualified Tree Expert for those on private property or the Village's Arborist if the tree is within the public right-of-way of any street or road, or public property, in the Village. Trees that have suffered damage, trees whose growth has been compromised, or are a danger or hazard to structures and human life as confirmed by a Qualified Tree Expert or the Village Arborist shall be permitted to be removed without the need to obtain a permit. A replacement tree shall not be required for such trees under the provisions of this Chapter. C. Any tree or trees growing on or over the public right-of-way or public land with the consent of the Village's Arborist. D. Pruning or the removal of trees within the right-of-way recognized and accepted by Public Utility Companies for the conveyance of their services for the purpose of maintenance of said utility wires, cables, or pipelines with their attended appurtenances. This shall also include the trimming or removal of trees that obstruct municipal signage,traffic control devices, and compromise sight angles at intersections and roadways for the safety of the public. E. Removal of any Invasive Species (Nonindigenous) Trees. Any tree or vegetative species listed in "Overview of Nonindigenous Plant Species in New Jersey", prepared by the New Jersey Department of Environmental (NJDEP), Natural and Historic Resources Group, Parks and Forestry, Office of Natural Lands Management, Natural Heritage Program, dated February 2004 and the New Jersey Invasive Species Strike Team 2015 Do Not Plant List, in the attached Appendix A. Chapter 260, Section 260-9, "Tree Removal and Protection Permit Requirements" A. Tree Removal and Protection Permits shall be as follows. Applications for a Tree Removal and Protection Permit shall be filed with the Village Engineering Division for the removal of any Qualified Trees and shall be accompanied by the requisite fee as proscribed in Chapter 145, section 260, Fees. A Permit shall be required when a lot or lots (under one application, as part of a single project) in the Village proposes to remove one (1) or more Qualified Trees, as defined in this Chapter. Applications shall provide at a minimum the following information: 1. Name of applicant and location of the proposed work. 2. If using a Qualified Tree Expert, for any determinations regarding trees, please provide their name, address, and license number. 3. Lot and Block or Lots and Blocks of the proposed tree removal work. Identity of the said owner(s) of the land the work is proposed for. 4. The purpose or reason for the removal of the qualified trees. 5. The quantity of qualified trees being removed. List by species, size (diameter at breast height). 6. Proposed start date of the work. Proposed date of completion. 7. A plan for either replacing or offsetting the trees proposed to be removed. The Village's Engineering Division shall, if satisfied that the application for a tree removal and protection permit meets the purposes of this Chapter, issue a permit therefore and shall forward a duplicate of the permit to the Building Department, the Village Arborist, and the Village's Shade Tree Commission. B. Replacement Tree Requirements When a tree removal and protection permit is filed for work related to a Qualified Tree, the applicant shall provide a replacement tree plan. The plan shall provide for a one for one replacement for qualified trees proposed to be removed. In the event the applicant does not or cannot provide suitable land for the replacement trees, the applicant shall be required to remit an amount for each tree required to the Village's Replacement Tree Escrow Fund. The value for a replacement tree is set in Chapter 145, Fees. The Village shall use these escrowed funds to purchase and have installed replacement trees within the public right-of-ways throughout the Village, public parks, Green Acres listed Open Spaces, stream bank restoration/protection projects, all to help maintain the Village's tree stock. Replacement trees shall be native species, acceptable to the Village Arborist and/or the Village of Ridgewood Shade Tree Commission. Any replacement tree proposed shall have a DBH of a minimum of 1.75-inches, be properly balled, marked with a durable label indicating genus/species/variety, be installed in a manner consistent with proper arboriculture practices, and be provided with a warranty from the installer for a period of at least two growing seasons. Chapter 260, Section 260-10, "Enforcement" The Village's Director of Parks and Recreation or their designee; the Director of Public Works or their designee; the designated Village Arborist; or any other Village employee who may be designated by the Village Manager, shall have the authority to enforce all provisions of this Chapter. Enforcement shall mean the following: A. Directing the Director of the Building Department to withhold approval for the issuance of a building permit or a certificate of occupancy. B. Directing the Village's Construction Official to issue a Stop Work Order. Said request shall be implemented within one business day of its issuance by the authorized Director. C. Issuance of a municipal summons for violations of sections of this Chapters. D. Withholding the release of any escrowed funds, or petitioning the Village Council to seize any escrowed funds when an applicant fails to comply with the provisions of this Chapter. In the event any tree requiring the issuance of a removal/protection permit is identified as being removed without such a permit, the Village's Director of Parks and Recreation, or the Director of Public Works, shall issue a letter by certified mail-return receipt to the registered property owner requesting a replacement tree, in accordance with the provisions this chapter, be planted. Upon failure to plant a replacement tree, a summons requiring an appearance in municipal court may be issued. Upon conviction, the fine for each offence shall not be less than the cost of a replacement tree installed,plus court costs. Section 2: Except as herein amended and supplemented, Chapter 260, of The Code of the Village of Ridgewood remains in full force and effect. Section 3: This ordinance shall take effect immediately upon passage and publication as required by law. VILLAGE OF RIDGEWOOD ORDINANCE NO. 3900 FOR AFFIRMANCE: Councilmembers : Perron, Reynolds, Sedon, Vagianos and Mayor Knudsen NAYS : NONE ABSENT: NONE ABSTAIN: NONE RECUSE: NONE Introduction Date: March 9, 2022 Adoption Date: April 13, 2022 Effective Date: May 3, 2022 l" Susan Knudsen, Mayor ATTEST: Heather A. Mailander Village Manager/Village Clerk