Tree Tax Cut By $90K After Developer Cries Foul

Livingston's 2011 tree ordinance was put to the test this week as it pitted a large-scale development against preserving the township's arboreal assets. 

Sam Federico was looking to build three homes on three vacant lots on the corner of Force Hill Road and Mt. Pleasant Avenue. But that was before Federico, the contract purchaser for the lots, found out he had to doll out approximately $140,000 in fees for cutting down more than 300 trees. 

After months of appealing to the Livingston Council to reduce what Federico called an "exorbitant, completely unreasonable fee," the council ruled on Monday to cut the tax down to $50,000. 

However, Federico's attorney Stephen Geffner said the tax still way too high considering the infrastructure improvements and landscaping planned for the area, and called for the fee to be reduced to under $10,000. 

"I think this is an absolute unfair number under the circumstances and inconsiderate of the work being done and the fabulous job we will do to make this a much better area in town," said Geffner.  

Federico and the owners of the property will build a home on each of the three lots located across from the Shriners Temple and on the border of Bel Air Woods. The lots, about 35,000-square feet each, are now wooded, undeveloped and vacant.
 
In addition to the three homes, which are individually expected to sell for about $1.5 million, Geffener said the owners will invest more than $200,000 into a sanitary sewer line, tree plantings and additional landscaping improvements.  

The approximate $140,000 fee comes from a strict interpretation of the township's tree ordinance. The ordinance requires that a property owner retain a permit when taking down a tree and to replace every tree taken down, based on its diameter, or pay a fee into the township's Trees Trust Fund. A single tree replacement costs the township about $260. 

If a homeowner believes the fee is excessive, he or she can appeal to the township council to reduce the fee. 

Mayor Rudy Fernandez and the council agreed at Monday's meeting that a reduction of the tax was warranted, considering the lots are vacant and heavily wooded, the planned infrastructure improvements and the increased tax revenue from the newly constructed home. 

The original intention of the ordinance was not intended to burden property owners with these types of fees, said Martin J. Chiarolanzio, Livingston zoning officer and construction official. He said the ordinance is working well as it is but recommended the council amend the ordinance to take into account unique situations such as Federico's. 

"I think [the tree ordinance] is working just fine," said Chiarolanzio, "except in a case like [Federico's] where you have a whole treed lot and you have to basically cut all the trees down."

The tree ordinance could also have an averse effect on investments in the township. "I personally wouldn't do the development if I had to split $140,000 up into three lots to develop it," said Chiarolanzio. "I just don't think it'll work and I don't think you'll get the money for it." 

While Federico was mum on the fairness of the final tax, his attorney said the tree fee was "prohibitive" for developers and will dissuade them from investing in Livingston.  

"There is only so much money you can charge for a house," said Gaffner, "so if you can't make it worth the while for the developer, why bother?" 

The mayor said the township needs to strike a balance regarding the tree tax going forward so as to encourage and not impede property development. 

"We want people to continue to invest in the community," said Fernandez, "whether it is new construction or development of existing [homes]. We don't want to stop that … an make it cost prohibitive."