Mayor & Council

MINUTES Mayor and Council Regular Meeting September 25, 2025 7:00 P.M. CALL TO ORDER – A Regular Meeting of the Mayor and Council of the Borough of River Edge was held in person at the River Edge Public Library located at 685 Elm Avenue, River Edge, NJ 07661 and virtually via Zoom on September 25, 2025. The meeting was called to order at 7:03 p.m. by Mayor Thomas Papaleo. SILENT PRAYER – FLAG SALUTE Mayor Papaleo asked for a moment of silence for the world and country as the United Nation meets in New York City. Borough Attorney Shahdanian then led those present in a salute to the flag. STATEMENT OF COMPLIANCE - Mayor Papaleo read the Statement of Compliance into the record as follows: Statement of Compliance with Open Public Meeting Act: This meeting complies with the Open Public Meeting Act by notification on January 6, 2025 of this location, date and time to the Town News and the Record and by posting of same on the municipal bulletin board and Borough Web Site and filing a notice of the same with the Municipal Clerk. ROLL CALL PRESENT: Council President Montisano-Koen, Councilwoman Kinsella, Councilwoman Malellari, Councilman Benson, Councilman Glass, Councilwoman Dhariwal, and Mayor Papaleo. ABSENT: None ALSO PRESENT: Borough Administrator Lissette Aportela Borough Attorney John Shahdanian, Esq. APPROVAL OF MINUTES – On a motion by Council President Montisano-Koen, seconded by Councilman Benson, with Councilwoman Dhariwal abstaining from the August 19th Minutes and Councilwoman Kinsella abstaining from the September 4th Minutes and all other members present voting in favor, that the Minutes of the Mayor and Council Regular Meeting and Closed Session of August 19, 2025 and Mayor and Council Regular Meeting of September 4, 2025 are hereby approved. #25-246 Approve the Appointment of a Volunteer Firefighter Motion by Council President Montisano-Koen, second by Councilman Benson, to approve Resolution #25-246. The vote was recorded as follows: Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye Councilwoman Malellari: aye Councilwoman Dhariwal: aye Mayor Papaleo administered the Oath of Office to Alfredo Nivar who was joined by his family. Chief Schlossberg commented that he is delighted to have Firefighter Nivar join the department, noting that they have a very aggressive recruitment program. PRESENTATIONS – River Edge Swim Club Lease Teresa Donohue, River Edge Swim Club President. Bob Bollerman, Office Manager, Myriam Miguek, Treasurer, Samantha Berman, Secretary, and Colleen Schwabik, Trustee, were present for this discussion. Ms. Donohue noted that the River Edge Swim Club has been a treasured part of the community for the past 64 years. She explained that the club is fiscally sound and has 100% of the bond money in its possession. She respectfully requested the renewal of their lease with no increase in the rates. Borough Administrator Aportela confirmed that the amount paid for the rental fee as well water and sewer charges has been sufficient to cover the costs. Mr. Bollerman, Business Manager, provided background on when the $501 fee went into effect. He noted that the club pays the full amount of taxes. Ms. Schwabik commented that all members of the Board of Trustees put their heart and soul into running the swim club. PUBLIC COMMENTS ON ANY ITEM ON THIS AGENDA – On motion by Councilman Benson, seconded by Council President Montisano-Koen, and all present voting in favor, to open for public comments on any item on the agenda. Borough Clerk Dodd read the following written public comment into the record from Cindy Bequeaith, 745 7th Avenue, Re: Agenda item regarding Section 384-7, entitled “Tree replacement requirements”, of Article II, Tree Removal and Replacement of Chapter 384: “I would appreciate if you would consider adding wording to the updated ordinance so special circumstances can be considered for exceptions. When the tree count on properties is significant, there should be an ability for those fees to be waived. I am not asking for this waiver to be used when trees are taken down for construction. I have 29 trees on my property. Of those, 13 trees are in Category 2 which are between 16”-24” in diameter (a variety of oaks) which are over 75 feet tall. 17 trees are in Category 1 with smaller diameters (Beeches, Arborvitaes, Hinoki Cypresses, Pines, Magnolia, Junipers, Japanese Maple, etc.) but are all over 15 feet tall. We’ve planted 13 new trees since we moved into our home in 2010. We bought our home in a large part due to the trees and other plantings on the property. We love our ‘forest-like’ setting, and we don’t plan on taking down any trees unless they are diseased or have the potential to do damage to our property, our neighbors’ properties, or public access. Thank you for your consideration.” On a motion by Councilwoman Malellari, seconded by Councilman Benson, and all present voting in favor, to close public comments on any item on the agenda. It was noted that there is already an exemption from the fees in the current Borough Code for trees that are hazardous and require removal. Borough Clerk Dodd was asked to relay this information to Ms. Bequeaith. MONTHLY REPORTS – Mayor Papaleo advised that the following reports are on file in the Office of the Borough Clerk and available for review: Tax Collector - August 31, 2025 Land Use Board - August 27, 2025 Board of Health - September 2, 2025 FIRST READING – ORDINANCES – Ordinance #25-15 – 25-18 Motion by Councilman Benson that the following ordinances be introduced and passed on first reading and setting October 9, 2025 at 7:00 p.m. or as soon thereafter as the as the matter can be heard as the date and time and the Council Chambers in the River Edge Municipal Building as the place and Zoom as the virtual platform for a hearing on said ordinance. Second by Councilman Glass. Mayor Papaleo read the title of the ordinance into the record: ORDINANCE 25-15 - AN ORDINANCE TO AMEND CHAPTER 286 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “MULTIPLE DWELLINGS, REGISTRATION OF”. ORDINANCE 25-16 – AN ORDINANCE TO AMEND SECTION 438-4 ENTITLED “INSPECTIONS” OF CHAPTER 438 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “CHILD-CARE FACILITIES”. ORDINANCE 25-17 – AN ORDINANCE TO AMEND CHAPTER 206 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED FEES. ORDINANCE 25-18 – AN ORDINANCE AMENDING SECTIONS 384-7 AND 384-8 OF ARTICLE II OF CHAPTER 384 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “TREES” Borough Administrator Aportela noted that Ordinance #25-15 through #25-18 were based upon recommendations approved by the Board of Health. She advised that Ordinance #25-15 updates the number of apartments from two to three within a building that requires an inspection, Ordinance #25-16 increases the fees for inspection of child-care facilities, and Ordinance #25-17 increases various permit fees relating to the Board of Healthy by approximately 25%. With respect to Ordinance #25-18, she advised that the purpose is to preserve the tree canopy within the Borough and includes a refundable bond requirement for tree removals on private property. On a roll call, the vote was recorded as follows: Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye Councilwoman Malellari: aye Councilwoman Dhariwal: aye RESOLUTIONS - By Consent a. #25-244 Update Personnel Policy and Procedure Manual b. #25-245 Approve Refunds – Recreation Department c. #25-246 Approve the Appointment of a Volunteer Firefighter Approved earlier in the meeting d. #25-247 Renew Contract – Grant Writing Services e. #25-248 Authorize the Acceptance of a Donation of Pickleball Nets for Kenneth B. George Park f. #25-249 Resolution Permitting the Possession and Consumption of Alcoholic Beverages at a Block Party on Seventh Avenue g. #25-250 Approve Change Order #1 – 2025 Drainage Improvement at Mohawk Drive and Intersection of Lozier Terrace & Van Saun Drive h. #25-251 Approval to Waive a Portion of the Police Outside Duty Rate for Bergen County Historical Society i. #25-252 Approve the Appointment of Crossing Guard Motion by Councilwoman Malellari, second by Council President Montisano-Koen, that the Consent Agenda be approved as amended. On a roll call, the vote was recorded as follows: Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye Councilwoman Malellari: aye Councilwoman Dhariwal: aye ******** #25-253 Payment of Bills Councilwoman Kinsella read resolution #25-253 into the record: At a Regular Meeting of the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, held on September 25, 2025. BE IT RESOLVED, that the Mayor and Council of the Borough of River Edge approve the following expenditures. CURRENT FUND $ 5,322,217.51 GENERAL CAPITAL FUND $ 23,204.60 GRANT FUND $ 113,193.27 ANIMAL CONTROL $ 3.60 TRUST OTHER $ 1,937.52  PAYROLL $ 23,781.32 DEVELOPER’S ESCROW $ 6,839.30 RECREATION TRUST $ 8,498.85 Motion by Councilwoman Malellari, second by Council President Montisano-Koen, to approve Resolution #25-253. On a roll call, the vote was recorded as follows: Council President Montisano-Koen: aye Councilman Benson: aye Councilwoman Kinsella: aye Councilman Glass: aye Councilwoman Malellari: aye Councilwoman Dhariwal: aye* *Councilwoman Dhariwal recused from check #66968, #66989, #66990, #66991, #66999, #67009, #67014, #67035, #67048, #67049, #67058, #2993, and #6120 through #6127. ******** FOR DISCUSSION – Proposed Ordinance Entitled Board, Commission and Committees Borough Administrator Aportela explained that this ordinance resulted from questions regarding attendance requirements from Department Heads who oversee various boards, commissions and committees. In researching the issue, she advised that she came across the Citizenship Service Act which allows a municipality to implement an attendance policy giving them the option to declare a position as vacant if the member fails to attend or participate in meetings for eight consecutive weeks or four consecutive meetings. She noted, however, that a municipality may put a stricter policy in place by reducing the number of consecutive weeks to six and consecutive meetings to three. She questioned whether the governing body would like to implement such a policy via ordinance, and if so, which policy they would like to implement. As it was confirmed that the governing body has discretion as to whether to enforce the policy, it was decided to move forward with implementing the stricter policy through a written ordinance. 100% Disabled Veteran Tax Exemption Letter Borough Administrator Aportela explained that, at the last meeting, a resolution was adopted authorizing a tax exemption for a 100% disabled veteran effective August 1, 2025. She advised that the veteran and his spouse sent a letter to request that the tax exemption, instead, be effective as of January 1st. As the delay in receiving the exemption was due to an error made by the Veterans Administration, it was agreed that there are grounds to make the exemption effective retroactively. As resolution will be listed on the next agenda to authorize the effective date of January 1, 2025. Cultural Center Car Show Letter Borough Administrator Aportela advised that the Cultural Center sent a letter indicating that they received a bill for outside duty services rendered in connection with the Annual Car Show. This letter noted that they have never been charged in prior years for these services and did not budget for this expense. She stated that the bill was in the amount of $1,876.08 for a Sergeant and two Crossing Guards. It was agreed that, due to the circumstances, the fee will be waived this year only and they will need to submit a request next year to receive the reduced outside duty rate charged to non-profits. NEW BUSINESS – There was no New Business. OLD BUSINESS – 250th Anniversary Committee Councilwoman Dhariwal advised that the 250th Anniversary Committee is in need of new members and requested that liaisons speak with their respective boards, commission, and committees to request members to join. Borough Clerk Dodd was asked to reach out to the boards, commissions, and committees to request volunteers to serve on this committee. PUBLIC COMMENTS – Motion Councilwoman Dhariwal, second by Councilman Benson, and all members present voting in favor, to open public comments. Andrew Jaffe, 297 Concord Drive, questioned whether the Cultural Center is charged the same rate by both River Edge and Oradell for outside duty. Lou Grasso, 846 Kinderkamack Road, commented that the proposed parking changes, which will prohibit parking on certain streets from 9 a.m. to 11 a.m., will pose a hardship to businesses on Kinderkamack Road. He requested that Washington and Lincoln have a separate zone to help the business district. Motion by Councilwoman Malellari, second by Councilwoman Kinsella, and all members present voting in favor, to close public comment. Mayor Papaleo explained that each municipality is its own entity and has its own fees for outside duty. With respect to the proposed parking amendments, he advised that the Traffic & Safety Committee will be holding a Town Hall regarding this matter on Tuesday, September 30th. He stated that Mr. Grasso can join the meeting to make his recommendation. He also recommended that Mr. Grasso send an email to Sgt. Diamond and Chief Walker to recommend this revision. COUNCIL COMMENTS – Council President Montisano-Koen thanked former Councilwoman Kaufman for managing a very successful Farmers Market. She also thanked Steve Shalit for providing the music. Councilman Benson reported that he, along with Mayor Papaleo, Councilwoman Kinsella, and Council President Montisano-Koen, attended the soft opening of Sweetspot. He advised that they received a tour of the facility, commenting that it is very impressive. He noted that the Borough will benefit from the 2% tax on their sales and he expressed his hope that they have fantastic success. Mayor Papaleo added that Chief Walker also attended this event, explaining that he worked with the owners in designing the security system. He spoke to the various ways that the Police Department will ensure that this facility is kept secure. He noted that the facility officially opens to the public on Saturday. Council President Montisano-Koen announced that Dunkin’ on Main Street by CVS held its grand reopening, explaining that the interior was renovated to make it more appealing and homier to all ages. She advised that they donated $3,000 to a local NGO. Mayor Papaleo commented that they have been a business in River Edge for 22 years and noted that Chief Walker attended this event as well. He reported that River Edge Day will be held on October 5th with a rain date of October 12th. CLOSED SESSION – On a motion from Councilwoman Kinsella, seconded by Councilman Benson, and all present voting in favor, the meeting was adjourned to the Closed Executive Session via Resolution #25-254 at 8:05 pm. #24-254 Resolution to Go Into Closed Session and Exclude Public WHEREAS, the Open Public Meetings Act, NJSA 10:4-12 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist. NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: 1. That the public shall be excluded from the September 25, 2025 regular meeting and discussion of the hereinafter specified subject matter: A. Attorney-Client Privilege – N.J.S.A. 10:4-12(b)(7) 1. Borough Hall Construction Update 2. River Edge Swim Club Lease Agreement 3. Potential Litigation – Unauthorized Street Opening 2. Formal action may/may not be taken. 3. Minutes will be kept and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. ADJOURNMENT – There being no further business to come before the Mayor and Council, on a motion by Councilwoman Kinsella, second by Council President Montisano-Koen, and unanimously carried, to adjourn this meeting. The meeting was adjourned at 8:05 p.m. Respectfully submitted, Anne Dodd, RMC Borough Clerk  BOROUGH OF RIVER EDGE ORDINANCE #25-15 AN ORDINANCE TO CHAPTER 286 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “MULTIPLE DWELLINGS, REGISTRATION OF”. BE IT ORDAINED by the Mayor and Council of the Borough of River Edge that the following amendments to Chapter 286 entitled “Multiple Dwellings, Registration of” are hereby approved: Section 1. Section 286-1, entitled “Statement of ownership” shall be replaced in its entirety with the following: § 286-1 Statement of ownership. Every owner of premises containing three (3) or more apartments used for residential purposes shall file, under oath, with the Health Officer of the borough, a statement containing the address of the premises, the name and address of the owner thereof and the number of apartments in such premises. If the owner is a corporation, such statement shall be made under oath by the president, the vice president or secretary of the corporation. Section 2. Section 286-2, entitled “Statement of vacancy” shall be replaced in its entirety with the following: § 286-2 Statement of vacancy. Within ten (10) days after a tenant moves out of and vacates an apartment in any residential premises containing three (3) or more dwelling units, the owner of such premises shall file with the Health Officer a statement under oath containing the address of the premises and the number or other specific designation of the apartment vacated. If the owner is a corporation, such statement shall be made under oath by the president, vice president or secretary of the corporation. Section 3. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 4. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 5. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC Borough Clerk/Assistant Administrator  BOROUGH OF RIVER EDGE ORDINANCE #25-16 AN ORDINANCE TO AMEND SECTION 438-4 ENTITLED “INSPECTIONS” OF CHAPTER 438 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “CHILD-CARE FACILITIES”. BE IT ORDAINED by the Mayor and Council of the Borough of River Edge that the following amendments to Section 438-4 entitled “Inspections” are hereby approved: Section 1. Subsection B, shall have the following amendments: In order to provide for the proper administration of all relevant standards, regulations and requirements, annual inspection fees, payable to the Health Department of the Borough of River Edge on or before January 31 of each year, are as follows: Type at Child-Care Center (number of children) Fee 6 to 50 $75.00 51 to 100 $125.00 101 to 200 $225.00 Section 2. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 3. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 4. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC Borough Clerk/Assistant Administrator  BOROUGH OF RIVER EDGE ORDINANCE #25-17 AN ORDINANCE TO AMEND CHAPTER 206 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED FEES. BE IT ORDAINED by the Mayor and Council of the Borough of River Edge that the following amendments to Section 206-2 entitled “Schedule of Fees” are hereby approved: Section 1. Subsection Y is hereby deleted in its entirety. Section 2. Subsection EE, entitled “Miscellaneous Fees” shall have the following amendments: Amend: Item Fee Shopping carts $100 Supermarkets $200 Transcripts: birth, death, marriage $15 Marriage license $28 Domestic partnership $28 Farmer’s market weekly vendor fee $37 $34 if pay for whole season in advance Delete: Item Fee Web site advertising $25 Tree (from tree farm), each $25 Add: Item Fee Civil Union $28 Section 3. Subsection GG, entitled “Board of Health permits” shall be entirely replaced by the following: Add: Item Fee Bakeries $125  Butcheries, meat markets, meat stores $125 Farmer’s Market annual license $30 Liquor stores, taverns, and other establishments serving alcoholic $125 beverages for on-premises or off-premises consumption Nursing homes, senior residences, assisted living community $200 centers Restaurants and catering (with seating) • 1-25 seats $125 • 26-50 seats $175 • 51-100 seats $300 • Over 100 seats $350 Wholesale foods $125 Vending devices; food, drink, candy or other consumable products $15 Retail food establishments, convenience stores, delicatessens, and $125 all other off-premises consumption establishment with no seats Retail establishments selling non-hazardous or pre-packaged foods $125 as a supplement to their primary business Confectionery, dessert, or ice cream trucks $125 Religious, civic, or non-profit organizations Fee Exempt Apartment vacancy inspections for 3 or more units $50 Surcharge for food establishments who have two or mor $150 conditional or unsatisfactory ratings during one calendar year Temporary food permit $35 All fees must be paid by February 1st – Late fee if not paid by $150 February 1st Section 4. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent as they are so in conflict or inconsistent. Section 5. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 6. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED:  ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC Borough Clerk/Assistant Administrator  BOROUGH OF RIVER EDGE ORDINANCE NO. 25-18 AN ORDINANCE AMENDING SECTIONS 384-7 AND 384-8 OF ARTICLE II OF CHAPTER 384 OF THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF RIVER EDGE, ENTITLED “TREES” BE IT ORDAINED by the Mayor and Council of the Borough of River Edge, County of Bergen, State of New Jersey, as follows: Section 1. Section 384-7, entitled “Tree replacement requirements”, of Article II, Tree Removal and Replacement of Chapter 384, Trees, of the Code of the Borough of River Edge, is hereby amended to read as follows: A. Any person who seeks to remove any street tree, unless exempt under § 384-8, shall be required to obtain a tree removal permit from the Superintendent or designee of the Department of Public Works and shall be subject to the requirements of the Tree Replacement Requirements Table below. B. Any person who seeks to remove any tree with a DBH of six inches or more from any property within the Borough of River Edge, unless exempt under § 384-8, shall be required to obtain a tree removal permit from the Superintendent or designee of the Department of Public Works and shall be subject to the requirements of the Tree Replacement Requirements Table. C. The species type and diversity of replacement trees shall be in accordance with the most recent list of native trees published by the New Jersey Department of Environmental Protection which shall be listed in Appendix A D. Replacement tree(s): 1) shall be replaced in kind with a tree that has an equal or greater DBH than the tree removed or meet the tree replacement criteria in the table below; 2) For non-construction removals, must be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the Borough; 3) If a construction permit is issued, replacement must be completed before a certificate of occupancy is issued by the Building Department; 4) shall be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and 5) Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements. 6) and the permit site will be reinspected before close out of the permit.  Tree Replacement Requirements Table: Category Tree Removed (DBH) Tree Replacement Criteria (See Appendix A) 1 DBH of 2.5” (for street trees) or Replant 1 tree with a minimum tree 6” (for non-street trees) to 15.99” caliper of 1.5” for each tree removed 2 DBH of 16” to 25.99” Replant 2 trees with minimum tree calipers of 1.5” for each tree removed 3 DBH of 26” to 35.99” Replant 3 trees with minimum tree calipers of 1.5” for each tree removed 4 DBH of 36” or greater Replant 4 trees with minimum tree calipers of 1.5” for each tree removed E. Administration or application fee for the processing of each tree removal permit is $100. Any subsequent application or request shall be subject to the same fee requirement. All application fees will be deposited into the shade tree fee account. A refundable bond in the amount of $400 per tree must be provided at the time of application. Bonds will be refunded once the replacement tree or trees have been planted and inspected by the Superintendent of Public Works or designee. F. Replacement alternatives: Unless the Superintendent or designee of the Department of Public Works has determined otherwise, all property owners must replace any tree removed with 100% of the trees that are required in Section 384- 7(D) (Tree Replacement Requirements Table) on the approved tree permit that allows the tree removal be done on the property. For any trees that are not replanted on the property where the tree removal activity occurred, with the approval of the Superintendent or designee of the Department of Public Works , the applicant shall do one of the following: (1) Plant replacement trees in a separate area(s) approved by the municipality. (2) Pay a fee of $400 per tree not replanted in accordance with the tree replacement criteria in the above table. This fee shall be placed into the Borough's Shade Tree Trust Fund. Section 2. Section 384-8, entitled “Exemptions”, of Article II, Tree Removal and Replacement of Chapter 384, Trees, of the Code of the Borough of River Edge, is hereby amended to read as follows: All property owners shall comply with the tree replacement standard outlined  above, except in the following cases. Proper justification shall be provided, in writing, to the municipality by all property owners claiming an exemption including photos, a detailed explanation as to why they should be exempt and any statements from a licensed tree expert or arborist. A. Tree farms in active operation, nurseries, fruit orchards, and garden centers; B. Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Borough; C. Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan; D. Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean- up, or NJDEP approved habitat enhancement plan; E. Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife; F. Hazard trees may be removed with no fee, provided however, that the grinding of the tree stump is required as part of the removal process. Section 3. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms hereof are hereby repealed to such extent of such conflict or inconsistency. Section 4. In case any article, section or provision of this ordinance shall be held invalid in any court of competent jurisdiction, the same shall not affect any other article, section or provision of this ordinance except insofar as the article, section or provision so declared invalid shall be inseparable from the remainder or any portion thereof. Section 5. This Ordinance shall take effect immediately upon final passage and publication as required by law. INTRODUCED: ADOPTED: ___________________________________ Thomas Papaleo, Mayor ATTEST: _________________________________ Anne Dodd, RMC Borough Clerk/Assistant Borough Administrator