[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 12-26-1969 as Ch. 56 of the 1969 Code; amended in its entirety 1-29-2025 by Ord. No. 2025-2. Subsequent amendments noted where applicable.]
A. 
The purpose of this chapter is to protect the general welfare of the citizens of the Township of Colts Neck by establishing standards governing the planting and preservation of all trees, brush, vines, shrubs and/or ground cover upon Township-owned land, greenways and access corridors for greenways in an effort to retain the rural, bucolic character of the Township.
B. 
The regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways of the Township of Colts Neck, except state highways, unless the State Highway Department shall assent thereto, and except county highways, parks and parkways, if a County Shade Tree Commission is operative and gives assent thereto, shall be exercised by and under the authority of Colts Neck Township Environmental Commission.
C. 
The Township entity heretofore known as the "Colts Neck Township Shade Tree Commission" is hereby abolished. All powers heretofore held and exercised by the said Shade Tree Commission shall hereby be placed under the authority of the Colts Neck Environmental Commission. Any reference in this chapter to the "Commission" shall be considered a reference to the Township Environmental Commission.
A. 
The Environmental Commission shall exercise such authority as is conferred upon commissions created under N.J.S.A. 40:64-1 et seq. and the amendments thereof and supplements thereto, except as otherwise modified by the provisions of this chapter.
B. 
The Commission or Township Administrator shall have the authority to remove any vegetation of any kind from any Township-owned land, greenways or access easements for greenways. Notwithstanding the Commission's authority to trim trees and shrubs on Township-owned land, prior to undertaking the removal of any tree on Township-owned land, as set forth in § 62-7D of this chapter, the Commission must first consult with the Code Enforcement Officer and Township Administrator, with ultimate review and final approval by the Administrator and/or Township Committee prior to undertaking any tree removal by the Commission. In the event that there is a conflict, the ultimate determination is to be made by the Township Committee. No trees, brush, vines, shrubs and/or ground cover are to be removed by anyone, including adjacent landowners or agents of any landowner, from any Township-owned land, greenways or access corridors for greenways without permission of the Colts Neck Environmental Commission or Township Administrator.
C. 
Routine maintenance.
(1) 
The provisions of this chapter shall not be construed to apply to the routine maintenance (i.e., mowing) of Township-owned conservation and/or landscape easements by neighboring property owners, with the following requirements:
(a) 
Conservation easement areas may be mowed if the area was shown as an open grass area with no shrubs or trees on the approved subdivision plats.
(b) 
Landscape easement areas may be mowed, provided that the approved plats show the areas to be planted with grass or turf.
(2) 
In neither case shall trees, shrubs and/or ground cover be disturbed, damaged or destroyed, nor shall structures be located within these easements.
A. 
No tree within a Township right-of-way and/or Township greenway or access easement for a greenway or within any Township-owned land may be removed or trimmed by the adjoining property owner without Commission approval. Street trees pursuant to § 102-71A and planted on private property may be removed by the property owner at any time and for any reason once the maintenance guarantee posted by the developer is released and the Township has accepted the tree.
B. 
No person, except as is otherwise provided in this chapter or pursuant to state law, shall remove, trim or cause harm to any tree on Township property or the Township Greenway or on an access easement for a greenway or within any Township-owned land.
C. 
The Environmental Commission, by process of routine inspection and observation and through screening complaints as lodged with the Township, and while working in concert with the Township Administrator and Code Enforcement Officer, shall seek to ensure that no substantive violations of § 62-7A and B, as enumerated above, occur on Township-owned land.
D. 
Powers and duties of the Environmental Commission concerning shade tree matters. So far as its duties extend to shade tree concerns, the Colts Neck Environmental Commission shall have the following general powers and duties:
(1) 
Responsibility for the regulation, planting, removal and trimming of trees and shrubs upon and in any Township-owned land, as land is defined in § 62-7A;
(2) 
Responsibility to consult and advise with the Code Enforcement Officer and Township Administrator in all matters within its purview;
(3) 
Prior to undertaking the removal of any tree, the responsibility to consult with the Code Enforcement Officer and Township Administrator for ultimate review and final approval by the Administrator and/or Township Committee. In the event there is a conflict, the ultimate determination is to be made by the Township Committee;
(4) 
Authority to review tree surveys, removal plans and planting plans submitted with land development applications referred to it by the Planning Board or Zoning Board. After its review, the commission may prepare a report of its findings and recommendations to be sent to the board of jurisdiction at least 14 days prior that board's scheduled hearing of the development application;
(5) 
Authority to prepare criteria, standards, guidelines, and recommendations, including recommendations as to specific appropriations, for the use of funds collected in the Colts Neck Shade Tree Commission Removal Fund;
(6) 
Authority to develop a list of sites throughout Colts Neck that require the removal of trees, replacement of trees or the addition of new trees, and regularly update the list to reflect the replacement or removal of trees;
(7) 
Authority to develop and maintain a recommended tree species list;
(8) 
Authority to develop and maintain an inventory of trees and shrubs upon and in any Township-owned land, as land is defined in § 62-7A;
(9) 
Responsibility to monitor and maintain the health of the trees in the Township's Arboretum;
(10) 
Responsibility to make, keep, and preserve minutes and records of its meetings and activities, and to make annual reports to the Township Mayor and Committee. Copies of all minutes and records of its meetings and activities shall be filed with the Township Clerk;
(11) 
All authority conferred on commissions created by N.J.S.A. 40:64-1 et seq., to the extent applicable.
A. 
Any person violating any provision of this chapter shall, pursuant to N.J.S.A. 40:64-12, be liable to a penalty not to exceed $1,500 for each violation, in the discretion of the court before whom the conviction is had. Each day that the infraction exists represents a new occurrence of the violation. The Commission or Township Zoning Officer shall have the authority to issue a summons for any violation.
B. 
In addition to the penalties authorized by Subsection A of this section, the Commission may require a person who removes or otherwise destroys a tree in violation of this chapter to pay a replacement assessment to the Township. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Commission for that purpose. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square-inch cross section shall be calculated from the diameter at breast height, and, if there is a multiple-stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purposes of this section, "diameter at breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Commission shall modify the value of the tree based upon its species variety, location and its condition at the time of removal or destruction. Failure to comply with this section shall constitute an additional violation of this chapter.
C. 
As an alternative to Subsection B, the Commission may require a person who removes or otherwise destroys trees, brush, vines, shrubs and/or ground cover in violation of this chapter to provide and obtain Commission approval of a restoration plan, drawn by a certified landscape architect. Said person may be required to implement the approved restoration plan at his or her expense, including inspection fees and on a schedule specified by the Commission.
(1) 
A tree of six-inch or less caliper shall be replaced with one tree, which meets with the approval of the Commission, of not less than two-and-one-half-inch caliper. The following guidelines shall apply to caliper of trees destroyed:
Existing Tree Removed
(inches)
Number of Replacement Trees
(minimum two-and-one-half-inch-caliper tree)
12 or less
2
13 to 18
3
19 to 21
4
22 to 23
5
24 to 25
6
26 to 27
7
28 to 29
8
30 to 31
9
32 to 33
10
34 to 35
11
36 to 37
12
38 to 39
13
40 to 41
14
(2) 
The Commission shall have the discretion to prescribe the appropriate number of replacement trees for the removal of any existing tree of over 41 inches and to specify where the replacement trees are to be planted. The caliper or diameter of a tree is measured six inches from the existing undisturbed ground. Failure to comply with this section shall constitute an additional violation of this chapter.
D. 
All members of the Commission or the Township Zoning Officer shall have the authority to issue a stop-work order if any destruction is occurring on Township-owned land, greenways or access corridors for greenways.
E. 
Any public utility or cable television company that clears, moves, cuts or destroys any trees, shrubs or plants for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures necessary for the supply of electric light, heat or power, communication or cable television services upon any lands in which it has acquired an easement or right-of-way shall not be subject to any penalty imposed by the Commission pursuant to this section. This subsection, however, shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.