October 1, 2001  

NEWS RELEASE

For release at your earliest convenience

For further information, please contact Township Administrator Stephen Mountain at 543-4555

Mendham Township Considers Residential Tree Protection Ordinance

            The Mendham Township Committee will consider the introduction of an amendment to the Township’s Tree Preservation and Landscape Ordinance at their October 9 meeting.

The ordinance amendment would regulate the removal of mature and historic trees on residential properties in the Township.  Under the regulations proposed, a conservation area would be established along all perimeter property lines.  The width of the proposed conservation area would be fifty feet along any portion of the lot bordering a roadway and twenty five feet along any other property line.   A permit would be required to cut down or remove any tree four inches or greater in diameter (at a point six inches above the ground) located within this area.  The new regulations would also require a permit for the removal of any tree on a residential property measuring eighteen inches in diameter or greater (at a point four and half feet above the ground).  The proposed ordinance exempts tree removal associated with an approved forest or agricultural management plan, driveway permit or site plan, or installation of public utility, private waste disposal system or well.  Trees located on a commercial farm, orchard or nursery or that are diseased, damaged or pose an immediate hazard to life or property are also exempt.

In order to remove a protected tree under the proposed ordinance, property owners would be required to obtain a tree removal permit from the Township.  To obtain the removal permit, property owners would have to submit a permit application to the Township containing specific information about the tree(s) to be removed, the site of the removal and the reasons for the request.  The Township would review the application within fifteen days of filing and either issue a permit or deny the application.  In the event of a permit denial, provisions are available to the applicant to request a variance for the tree removal work from the Township Board of Adjustment.  The application fee for the tree removal permit would be $30 for the removal of up to four trees, $50 for five or more trees, and an additional $25 to appeal a permit denial..

Violations of the new Tree Preservation Ordinance would be enforced by a Tree Conservation Officer.  The ordinance amendment provides for the creation of the Tree Conservation Officer (TCO) by the Township Committee and grants the TCO with the authority to order remediation of any condition found to exist in violation of the new regulations.  The ordinance also provides the Tree Conservation Officer with the latitude to issue a notice of violation in response to any infraction against the tree protection regulations.  Notice of violations are answerable in municipal court and could subject violators to possible fines and/or jail time depending on the severity of the violation.

Copies of the proposed ordinance amendment are available from the Township Clerk’s Office by calling 543-4555; and will soon be on the Township’s Web site, www.mendhamtownship.org.

The Mayor and Township Committee will consider introduction of the proposed ordinance amendment October 9, 2001.

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