The Ocean Township Council adopted regulations last week to determine how many and what types of trees residents can cut down on their private properties.
The council voted unanimously at the Nov. 19 municipal meeting to pass its “Soil and Tree Removal Ordinance of the Township of Ocean.”
Several residents voiced concerns during the two-hour municipal meeting about the “restrictive” guidelines set forth in the measure.
“It’s a private property issue,” said Green Grove Road resident Annette Marie Losik.
“I’m against overdevelopment, but this is my property,” she said, adding, “I don’t think it’s fair that I can be fined or put in jail for taking down a few trees on my property.”
Ordinance No. 2080 requires that residents wanting to cut down trees “without reason” of a diameter of 6 inches or larger must apply for a permit or face up to a $1,250 fine and 90 days in jail.
Losik said at the meeting that she does not feel she should have to attain a permit in order to cut down a tree on her property that may be in danger of dying.
“Wouldn’t you be upset if you couldn’t cut down a tree that was dangerous?” she asked.
The purpose of the permit is to prevent the clear cutting of trees within the township, specifically in and around the Oakhurst section, which has seen a surge in such activity recently, Mayor William Larkin said.
Prior to the adoption of the ordinance last week, only residents with property larger than 1 acre were required to obtain a permit.
“New people are coming into the town and not respecting what we have,” Larkin said at the meeting.
The ordinance states that residents can remove no more than three trees per year with permit approval and any trees that must be removed due to excessive disease or damage beyond repair will not count toward a resident’s three tree maximum.
Trees that must be taken down as part of a permit-approved construction project are excluded from the three-tree maximum, according to the ordinance.
Residents must apply for a permit before they are able to take down a tree that is “severely damaged by natural causes or accident to the point that the natural habit of the tree cannot be restored,” the ordinance states.
According to the ordinance, the extent of damage to a tree must be made by a “N.J. Certified Tree Expert” or a competent public authority, such as by police, construction officials or a township engineer.
Township Attorney Martin J. Arbus said the reason for the wording in the ordinance is to prevent people from claiming a healthy tree is damaged and cutting it down.
Losik said at the meeting that she planted about 30 trees on her property after she moved in and asked council why she would need to apply for a permit to remove trees she planted.
Members of council agreed that the township adopted the ordinance in order to “get something on the books” and will amend it according to what the majority of the residents feel is needed.
Larkin said the council will take into account suggestions made by residents and the Ocean Township Shade Tree Commission and will amend the ordinance in the future.
“We are trying to find a happy medium here,” Larkin said.
Gene Armstrong, of Sunset Avenue, said he does not feel a permit should be required to cut down trees with a 6-inch diameter.
Armstrong, of Armstrong Tree Service in Neptune, said he is against the unnecessary clear cutting of lots, but is frequently called out to houses in Ocean Township to clear out scrub trees and brush.
Armstrong produced a slice of a tree trunk 6 inches in diameter at the meeting to illustrate his argument that the size designation given in the ordinance is too small.
Armstrong said that when clearing a property of brush, he removes several trees of that size and under the guidelines in the ordinance, his job would become “significantly harder.”
Council explained that the township is required to reply to a permit application within 30 days of the day it is filed. Failure to reply in the 30 days will be an automatic approval and a permit will be
issued, according to the ordinance. Arbus explained that the thirty-day limit will act as
a provision in order to
prevent residents from
having to wait an
excessive amount of
time to acquire a permit
and added that it does
not reflect the length of time it will actually take to get an approval or denial.
Ocean Township Shade Tree Commission Chairman Ken Lutz said, “There are always environmental impacts [from clear-cutting trees].
“First, the absorption of rainwater becomes an issue because trees absorb a lot of water.
“They also affect the air quality and temperature. During the summer, trees can reduce the temperature by five to 10 degrees,” he said.
Lutz explained, “the shade tree commission does not have jurisdiction over trees on private property, but we do have a vested interest in how trees in the township are treated.”
Arbus explained that similar tree removal ordinances in the state have been challenged in court due to too much discretion on the town’s behalf.
In Jackson Township, a tree ordinance was instated and challenged by the Shore Builders Association.
In that case, Arbus said, the Shore Builders Association claimed that the township official who evaluated the land was given too much discretion in the assessment process.
Arbus further explained that the Jackson ordinance limited the amount of trees residents could remove to one.
The Jackson ordinance also contained a section stating that trees removed were to be replaced to prevent flooding. It did not state where the newly planted trees had to be placed, leaving some builders to plant trees on the opposite side of town from where they were previously removed, Arbus said.
Arbus said that the council is taking steps to prevent issues such as those experienced in Jackson, in order to prevent the courts from overturning the newly adopted ordinance.