New Tree Ordinance Imposes More Hurdles For Bernards Township Residents

BASKING RIDGE, NJ — An ordinance dictating the removal and replacement of trees, private or public, was approved by the Township Committee on Tuesday night to align themselves with state requirements.

The revised ordinance for "Shade Tree Protection" was required by the New Jersey Department of Environmental Protection(DEP).

The ordinance, which impacts anyone in the Township, designates that any street tree with a "trunk at diameter at breast height(DBH)" of 2.5 inches or more or any non-street tree with a DBH of 6 inches or more must first get a permit to remove it.

Additionally, those removing the trees with the DBH listed above is also required to replace it within 12 months of the date of removal. The new planting will then be monitored for a period of two years to ensure its survival. If it doesn't survive it must then be replaced as needed within 12 months.

An alternative to replacing a tree would be to pay a fee of $300 per replacement tree.

There are exceptions such for tree farms, hazard trees, and more.

"The ordinance brought tonight is an ordinance put forth to bring Bernards Township into compliance with state requirements," said Committeeman Gary Baumann. "The management of trees by owners in this Township has been handled for generations by our local ordinances, our land development ordinances. It has been handled quite well. So it's certainly not by design of the Township Committee or any particular group within the town or staff that we have to amend the way we do business… I just want the public to understand the focus on why we are adopting this ordinance."

Township Attorney noted that the amended ordinance was made as least restrictive and least punitive to the residents.

"There is nothing that goes above and beyond what the DEP requires. It is the minimum of what the DEP ordinance requeires. And we did this to work out best for our residents," said Township Attorney John Belardo.

Belardo said that if the Township did not adopt this amended ordinance the state would not issue a municipal stormwater permit for the Township and the township would be subject to all penalties.

"Essentially a gun is to our head. We have to do this it's not of our own volition," said Belardo.

Committeewoman Ana Duarte McCarthy defended the ordinance saying it does reflect the issues the state is having with stormwater issues and flooding.

"To that extent, we do need to protect the environment. And while it is a requirement please know our Shade Tree Commission did review this, worked with the Town Engineer, reviewed the proposed changes and also provided an updated list of trees," said Duarte McCarthy.

She added that the commission will be considering how to play a role in educating the community about the impact.

"We pass it to fulfill something that is required but at the same time, it is environmental protection," said Duarte McCarthy.

To view the amended ordinance click here and go to page 45.

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