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Mendham Committee hears split public reaction to proposed tree ordinance
Summary
At a May 11 workshop, Mendham Township Committee and the Tree Committee outlined a draft tree ordinance modeled on state guidance, prompting residents to raise concerns about property rights, compliance costs and enforcement; Committee members agreed to further joint workshops and aim for decision by late summer.
Hunter Hackney, chair of the Township Tree Committee, told the Township Committee on May 11 that the proposed tree ordinance was developed "in alignment with the state model ordinance," placing particular emphasis on stormwater management, runoff control, erosion prevention and aquifer recharge. The workshop drew extended public comment and a follow-up scheduling commitment from committee members.
Residents in public comment said the draft risks overreach on private property. "The proposed fees, deposits and penalties are excessive," said Benjamin Weber of Mendham Road East, who also said the brush-hogging provision could unduly burden owners of open fields. Jack Curtis of Michael Road urged greater transparency and said homeowners should retain control over trees on their property rather than face a complex permitting process. Ken West of Corey Lane called the draft "overly complex" and questioned whether it accounted for species differences and external impacts such as deer.
Several commenters described financial burdens tied to complying with review processes. Rogelio Melgar Moron said he incurred roughly $1,100 in engineering fees and about $1,000 for a forester while trying to comply and resolve disputes, arguing those costs could fall disproportionately on residents who act in good faith. Pat Donnelly, a tree professional, said homeowners typically remove trees for safety or land-management reasons and warned against shifting discretionary authority away from property owners.
Not everyone opposed the changes. Kevin Duffy, participating by Zoom, said the ordinance "is well-developed and appropriately tailored," citing past instances of unauthorized removal of healthy trees and urging the Township to move forward while allowing future amendments. Tree Committee members and several committee members emphasized that the draft had incorporated feedback from residents and external counsel (French & Parrello) and that minutes of committee meetings have been maintained, though not yet posted publicly.
Committee discussion during the regular agenda reiterated the desire to finish the ordinance in a timely way. Members discussed joint workshops with the Tree Committee and the Environmental Commission and agreed to a tentative early-June workshop with the goal of completing remaining sections and working toward adoption by the end of summer. The Township also confirmed the Township Attorney will perform a legal review before ordinance introduction.
The Committee closed public comment at the end of the workshop by unanimous voice vote and recessed briefly. The next procedural steps are a joint workshop to reconcile outstanding language and a legal review prior to introduction of the ordinance for formal consideration.
