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Council adopts tree‑removal ordinance after DEP‑mandated changes; exemptions, replanting carveouts included
Summary
Hamilton Township council adopted Ordinance 125‑025, updating local tree‑removal rules to comply with guidance from the New Jersey Department of Environmental Protection while carving out exemptions for hazard trees, invasive species and a four‑tree allowance over five years; new enforcement and replanting exemptions were also added.
Hamilton Township Council adopted Ordinance 125‑025 on second reading, revising the municipal land‑use code to require permits for certain tree removals while preserving exemptions residents said they need.
Director Dumont, who presented the ordinance during a public hearing, said the change responds to a mandate from the New Jersey Department of Environmental Protection and explained the township pared back a sample DEP proposal that would have imposed higher fees. “This is mandated by the New Jersey Department of Environmental Protection,” Dumont said, adding that the DEP sample recommendation included fees “up to a $2,500 fee to be paid for any tree being taken down.”
The adopted ordinance keeps several exceptions: trees identified as invasive species, any tree with a trunk diameter under 4 inches, and hazard trees may be removed without the standard permit requirement. The town’s policy also allows a homeowner to remove up to four healthy trees per property over a five‑year period without securing a permit; staff confirmed that hazard trees do not count toward that four‑tree allowance. Dumont said the ordinance also creates an enforcement provision the township did not previously have and includes a replanting exemption that can spare homeowners from fees.
During the public comment period, resident John Scott sought clarification on costs and the four‑tree allowance. “On the tree removal, so you just for clarification, you can have a a tree removed, and it won't cost you anything off off your property or up to 4 trees,” Scott said; staff reiterated that the four‑tree allowance applies over a five‑year period and that replanting can exempt a removal from fees.
Council members moved to close the public hearing and advance the ordinance to final adoption. The clerk recorded the vote in the meeting record as unanimous in favor (reported in the transcript as 5‑0).
The ordinance’s text (available with the meeting materials) lists the exceptions on page 8 and explains the five‑year counting period and the enforcement mechanism; staff said they would provide the full list of affected properties and the selected administrative procedures as follow‑up at the next meeting.
