Tree Preservation Ordinance

14-3 Tree Removal and Replacement

Purpose

Trees and shrubs are a natural resource that provide aesthetic, ecological, environmental, economic, and health benefits to the Township of Montgomery and its inhabitants.

In accordance with requirements for municipalities established by the New Jersey Department of Environmental Protection, Montgomery Township adopted Ordinance 24-1723 on April 18, 2024, to regulate and control indiscriminate and excessive cutting of trees within the Township, in order to preserve the maximum number of trees in the course of development or redevelopment of a site, protect larger and specimen trees, encourage innovative design, and minimize disturbance to promote the preservation of existing vegetation.

Indiscriminate, uncontrolled and excessive destruction, removal and cutting of trees on lots and tracts of land within the Township can exacerbate flooding, increase soil erosion and sedimentation, decrease fertility of the soil, decrease groundwater recharge, and increase buildup of atmospheric carbon. Montgomery Township recognizes that these impacts tend to adversely impact the character of the Township and adversely affect the health, safety and general welfare of the inhabitants of the Township.

General Requirements

This webpage serves to provide general guidance. See Chapter 14-3 for all detailed Ordinance requirements. 

• A Tree Removal Application is required to remove any tree. (Note: This link is correct. Please use this Soil Disturbance Permit Form temporarily to provide your contact info and upload a plan.  The Engineering Dept. will respond to assist you - 4-30-24.)
• New trees must be replanted on the applicant’s property to “replace” those trees that have been removed.  The number of replacement trees is calculated in accordance with the Tree Replacement Table below.
  • Smaller trees and exempt trees are not subject to these replanting requirements.
  • All street trees or trees planted as part of a Planning Board or Zoning Board approval are regulated, regardless of size. 
  • All replacement trees planted as a requirement of this ordinance are regulated, regardless of size.
• Applicants have the option to replace regulated trees, contribute to the Township’s Tree Replacement Fund, or a combination of these. 
• Applications may include proposed removal of both regulated and exempt trees (separate applications are not needed). 

Exempt Trees

While a Tree Removal Application (no application fee) is required, the following are exempt from replacement/contribution requirements:

• Smaller trees (less than 6-inch DBH*) other than those mentioned above
  • *DBH = diameter at breast height; the diameter of the tree when measured 4.5 feet above the ground on the uphill side of the tree.
• Dead, diseased (e.g. Emerald Ash Borer, Bacterial Leaf Scorch, Beech Leaf Disease, etc.)
• Trees within 50’ of primary building only (e.g. accessory structures like sheds, pools and ground mounted solar panels  do not count)
• Invasive species (e.g. Callery Pear, Tree of Heaven)
• Trees posing public health/safety concern (e.g. leaning over a road)
• Trees interfering with septic, growing in sewer easement
• Nurseries
• Farms with approved woodland management plan
• Airport Hazard Area

Prohibited Activities

• Removing trees within critical areas, see GIS maps here
• Removing Street Trees (within Right-of-Way or within 25-feet of a roadway)

Emergencies 

Trees may be removed without first obtaining a permit, only in cases of emergency which would endanger the public health or safety. Immediate notice and substantiation of the emergency shall be communicated with the Engineering Department. A Tree Removal Application must be submitted within 48 hours of the tree removal. It is strongly recommended to take photos and document the emergency to support the application.

Basic Application and Exemption Requirements

• Contact details (name, address, phone #)
• Narrative of purpose
• Aerial map (e.g. Google map), survey, plan, sketch showing locations, sizes (DBH), species, number of trees to be removed. 
• Replacement plan with locations, caliper (1.5-inch minimum required), species
  • You can use our online GIS maps found here and toggle on the aerial image
  • Sketch must show contractor access through your driveway to protect public infrastructure from any damage; the Township Engineer may consider alternate locations for good cause shown, but this will require a Street / Right-of-Way Opening Permit 
  • Deer protection is required for 2 years after planting
• Photos of trees to be removed
• Other information may be requested to support application
• Application fees and contributions will be assessed after applications are reviewed
• No fees apply to trees determined to be Exempt