![]() If the property owner is not able to replant, he or she pays a replacement fee that is based on the size of the tree that was removed. Based on the size of the removed tree, the ordinance sets forth the quantity and quality of plantings that must be placed on another part of the property. Under the ordinance's tree replacement scheme, removed trees must be replaced unless they are dead or fatally diseased. If the permit is granted, a fee is assessed. ![]() In part, the ordinance requires that a property owner apply to the Township's Forester for a tree-removal permit, followed by a review of a tree save plan for the property by the Shade Tree Commission, Township Engineer, and Environmental Commission. The stated purposes of the ordinance were to address the adverse effects of tree removal on private property, protect the environment, and promote the "health, safety and general well-being" of the Township's inhabitants. In 2003, the Township of Jackson (Township) enacted a tree removal ordinance under its police power. The Court considers the validity of a municipal tree removal ordinance requiring a property owner to either replace any tree that is removed or pay into a fund dedicated to planting trees and shrubs on public property. Please note that, in the interests of brevity, portions of any opinion may not have been summarized). It has been neither reviewed nor approved by the Supreme Court. It has been prepared by the Office of the Clerk for the convenience of the reader. (This syllabus is not part of the opinion of the Court.
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