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1 |
What is the ROW?
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The right-of-way, ROW, is the strip of land owned by the municipality upon
which the road bed is located, extending onto lawns or natural areas on
either side of the pavement. This allows for placement of essential
services such as sidewalks, fire hydrants and utility poles. The ROW
varies by street from 20 feet to 50 feet in the borough.
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2 |
Why do I need to know about the ROW and what improvements may I make to it?
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The ROW is owned by the Borough of Mountain Lakes. While the borough
allows homeowners to maintain lawns and small plantings within the ROW, the
trees located therein belong to and are maintained and protected by the
borough. Chapter 102, Section 35 of the Code of the Borough of Mountain
Lakes states that no person shall plant, prune or remove any tree or shrub in
the ROW without the written permission of the Shade Tree Commission (STC).
Additional restrictions as specified under Section 35(A)(3) include injury by
breakage or cutting, the placement or fastening of any fixture to a tree, and
placement of any substance upon the root system of a tree.
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3 |
How do I determine what trees in front of my house are in the ROW?
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The best way to determine if any trees in front of your property are in the
ROW is to consult your survey and know where your property boundaries are
located. The width of the ROW for every street in town is listed within
this STC website page,
"
Determine the Width of the Right of Way in front of your property".
Without specific boundary markers, the STC makes the
assumption that the road bed is located in the center of the ROW and the
remainder is split evenly on either side. The STC maintains a data base
of trees in the ROW and can assist you in determining if a particular tree
is yours.
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4 |
Do I need a permit to cut down trees on my property?
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Ordinance 102-36 requires the protection of trees eight inches or greater in
diameter within the setbacks of all residential lots in the borough. A
permit is required to remove protected trees in the setbacks.
Applications are available on-line and at Borough Hall, and should be
submitted to the Borough Manager.
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5 |
What is the setback area of my property?
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The setback area of a residential lot is located between the property
line and the edge of the building envelope. There is not one
standard setback size throughout the borough. Lots may also
have a different front and side yard setback area. The setback
area should be delineated in your property survey. If you do
not have a survey, refer to the borough zoning map and Bulk Requirements
table available at Borough Hall.
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6 |
What are the restrictions in the setback area of my property with
regard to cutting trees?
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A permit is required to remove protected trees (8" or greater in diameter)
in the setback area. A permit will be automatically approved for
removal of no more than 50% of the existing trees up to a maximum of 3
trees in a twelve month period. Removal of more will require
neighbor notification and a fee of $250 for each additional tree.
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7 |
What are the penalties for cutting down a protected tree in the setback
without a permit?
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Any person violating any provision of any Borough ordinance is subject
to penalties as specified in Article III of chapter I of the General Code
of the Borough of Mountain Lakes. Each protected tree illegally
removed or damaged is considered a separate violation. The Borough
may require the following:
- For each protected tree damaged or destroyed, the violator
shall plant a replacement tree as specified by the Borough Manager,
- The replacement trees be planted near the location of the
damaged or destroyed trees, and
- The violator provide a maintenance guaranty of the survival
and normal healthy development of replacement trees for a period
of three years in an amount equal to 120% of the cost of the
replacement trees in accordance with 102-35C.
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8 |
Are there any restrictions within the building envelope on my
property with regard to trees?
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There are no restrictions regarding trees within the building envelope
of a residential lot.
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9 |
What is the orange fencing I see around town, encircling certain trees?
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Orange fencing around trees designates a root protection zone during a
construction project. Borough ordinance 102-35 requires trees located
in the ROW be protected during construction. Similarly, Ordinance
102-36 requires the protection of trees 8 inches in diameter and larger
located in the setback area of residential properties. In both cases
a protection zone of one foot of distance from the tree in all directions
for every inch of trunk diameter is required. The protection zone
is designed to minimize root damage and maintain the health of trees
during construction.
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10 |
How do I determine the diameter of a tree and what is meant by a tree
8 inches or larger as referred to in the ordinance?
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A tree's diameter is calculated by measuring its circumference measured
approximately 4.5' from its base and dividing by 3.14 (pi).
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11 |
What can I do if a neighbor cuts down trees near our adjoined property
lines and spoils my view?
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Call the Borough manager who will be able to determine whether the trees
were taken down in accordance with current Borough ordinances.
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12 |
Can I request a tree be planted by the Borough in the ROW in front of
my house?
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Periodically, the STC plans major plantings. Several hundred new young
shade trees have been planted in the borough over the last few years.
If you have recently lost a tree, have an aging tree that may be lost in the
near future or simply lack trees, the front of your property may be an ideal
place for planting a young shade tree. Please contact the STC and a
commissioner will assess the ROW space adjacent to your property to see if it
is an appropriate planting site. Should a tree be planted, it becomes
property of the Borough and is protected by ordinance.
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13 |
I have seen mounds of mulch around trees throughout town. How deep
should the mulch be around my trees and what kind of mulch is best?
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Mulch is useful for controlling weeds, retaining soil, protecting the roots
and generally increasing the health of the tree. It is best to mulch
with wood chips or other coarse organic material. Mulch should never
touch the tree's bark and never be piled higher than 3 to 4 inches deep.
Mulch that is too deep or directly touching the trunk of the tree decreases
the exchange of oxygen and carbon dioxide which can lead to fungal and
bacterial diseases. Mulch should not be allowed to become compacted,
and before any new is applied, should be loosened and aerated. A
properly mulched tree is surrounded by a "donut", not a "volcano".
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14 |
What is a berm and how does it affect the health of trees?
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A berm is a deep mound of earth used by landscapers to serve a specific
purpose such as privacy from a busy road. Berms can be detrimental to
the health of an existing tree if the tree's roots are covered by a new
berm. The root system may be deprived of oxygen and proper water
drainage. If a tree is planted in a berm, the roots will likely
grow too shallow and put the tree at a greater risk of blowing over.
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15 |
Why do we need to plant shade trees in town instead of focusing on ornamentals?
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The benefits of shade trees are many. They shelter our homes from
winter winds and cool them in summer, reduce noise pollution, provide
food and shelter for wildlife and bring beauty and grace to our yards.
One of the defining characteristics of our town is its full and leafy tree
canopy. The early residents of Mountain Lakes urged their neighbors to
plant shade trees in order to reforest a landscape denuded during
construction. Today there is a renewed need for planting shade trees
on private property. Large numbers of mature trees are being lost due
to death from old age, damage from severe weather and removal during
construction projects. Ornamental trees are generally much shorter
in stature and longevity than shade trees. While they have a place
in our yards, shade trees planted on private property will help to revitalize
the full leafy coverage. In order to keep our town's verdant tree canopy
it is imperative that homeowners include shade trees of different varieties
into their planting plans.
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16 |
What are invasive tree species and why are they a problem?
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The two most common invasive tree species found in Mountain Lakes are
the Norway Maple and Ailanthus. These trees should not be planted
because they displace native species and crowd out new undergrowth.
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17 |
What types of trees are best suited to Mountain Lakes?
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Native trees are best suited for any area. Some examples of trees
native to northern New Jersey are Red Maple, Silver Maple, Black Birch,
River Birch, Hornbeam, Redbud, White Ash, Sweet Gum, Tulip Poplar, Black
Oak, Red Oak, Scarlet Oak and Chestnut Oak, to name a few.
Exhaustive lists are available on the internet.
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18 |
Why is it important to plant trees with their future growth in mind?
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Trees are living things that have long life spans and definite growth
patterns. Before planting on our properties many considerations
need to be taken into account.
- How long can the tree be expected to live?
- How tall or wide will it be when fully grown?
- How fast does the tree grow?
- Is the form or shape of the tree appropriate for the spot?
- Will limbs block windows or will the tree be too close to a structure?
- Will overhead wires impede growth?
- Will the tree have the correct sun and moisture conditions for survival?
- Is the tree deciduous or coniferous, (looses its leaves or evergreen)?
- Is it flowering and does it produce fruit?
Talk with an arborist or knowledgeable landscape provider about specific
tree species and how they will best thrive in your yard.
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19 |
What tree varieties are well suited for planting under power lines?
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Smaller trees, reaching a height of 25' or less when fully grown are best
suited to areas under power lines. Many ornamental flowering and
fruit trees fit this requirement, including Dogwood, Cherry, Hawthorn,
Crabapple, Sumac, Hornbeam and Redbud.
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20 |
My Hemlock tree appears to be failing. What can I do?
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The most common problem plaguing Hemlocks in our area is Hemlock Woolly
Adelgid. This piercing-sucking insect is tiny, dark brown and aphid
like. It feeds on the plant causing it loss of vitality and in time,
death. The insect is identified by a white, cottony, sticky substance
it produces to protect itself and its eggs. This "woolly" substance
covers the underside of the tree's outermost branch tips. This
infestation is controllable through horticultural oil spray or systemic
treatments that can be administered by local tree services. Contact
an arborist in our area to evaluate your tree.
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21 |
How should I plant and care for my child's Arbor Day tree?
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The seedling should be planted as soon as possible. To plant, dig a
hole wider than seems necessary so the roots can spread without crowding,
and deep enough to insure the roots are all underground. Refill the
hole, firmly but not tightly packed, leaving an indentation at the base to
aid in water retention. Place a 2" deep layer of mulch around the
base (but not touching the tree trunk) to aid in water retention and limit
weed growth. During dry weather, water the tree generously every week
or 10 days during the first year.
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22 |
May a memorial or honorary tree be planted in the Borough and what
is the procedure?
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Planting a tree to honor an individual's service to the community or to
memorialize a deceased loved one is a wonderful tribute. In Mountain
Lakes, there is an established protocol for planting memorial or honorary
trees. Please contact the STC with your name and the information
regarding the person to be honored. Memorial or honorary trees are
planted in the fall for a one-time fee of $250 (this amount may be subject
to change). While preferences are considered, the final planting site
and tree species will be determined by the STC. A certificate will be
issued to the donor upon the planting of the honorary tree. For further
information regarding the planting of honorary trees, please refer to the
STC page of the Borough website.
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