Your Shade Tree Commission has always tried to make living in Colts Neck as pleasant as possible with respect to its environment. We care for our trees as much as we care for our recreation facilities throughout the town. What makes Colts Neck unique amongst our neighbors is the establishment of buffers around many of our developments which are designated as greenways, green acres or conservation areas. These are to help preserve our country style of living as best we can even though our lands are being developed for new homeowners.
The following pages explain our protection program for these greenways, green acres and conservation areas.
Green Acres, greenways and easements
The Township has been experiencing an increasing number of violations of public lands and easements by homeowners. The purpose of this article is to define such areas, their purpose and intended usage and problem areas. Most of the green acres and greenways are indicated on the attached map. Location of easements should be shown on the homeowners lot survey plan. More detail on all these areas are available on maps and plans located in the Planning Board office on the lower level in Town Hall. In any case, it is the responsibility of each homeowner to know the location of their lot lines adjacent to greenways and of the location of easements on their lots and of the restrictions associated with them.
Green acre park lands were purchased with the help of State Green Acres funds. Examples are the Big Brook Tract on the south border of the Clover Hill area and the site with the ball fields and tennis courts on Laird Road.
Greenways are public park lands dedicated to the Township under the cluster zoning provisions of the Development Regulations Ordinance. The objective is to surround the development with a buffer of trees and shrubs to shield the rear of one house from the rear of another and to shield the development from major streets.
Conservation, Open Space and Utility Right of Way Easements are basically used to protect wetlands, steep slope areas, stream corridors and ponds. Landscape Easements are used to provide "green" buffer Areas and open space. Drainage Easements provide right of ways for drainage ditches and underground drainage pipes. Access easements provided public access to greenway areas.
Green Acres
Except for those cases when the Township has installed formal recreation facilities, these lands are intended for open space and passive recreation, such as walking and bird watching. These lands should be treated just like the lands of your other neighbors. They should not be used for locating play equipment, storage of wood or other construction material, as a dump for leaves or grass clippings or similar uses. These areas should not be mowed, brush or trees cut down or the ground cover disturbed in any manner To do any of these things is a violation of the Township Ordinance.
Greenways
These lands are intended for passive recreation and should be treated just like the Green Acres. They are public lands and should not be violated. These areas are naturally wooded or have been planted with trees and shrubs by the developer in accordance with approved plans. The objective is for these lands to naturalize into wooded areas, in some cases,, this will take a number of years to develop, but mowing or cutting will delay this natural process and is in violation of the Township Ordinances. So, please, do not cut shrubs or trees, disturb ground cover, store material or dump leaves or grass clippings thereon in violation of Township Ordinances.
Greenway boundaries are often marked by wood or round metal posts. These markers may be shown on the homeowners lot survey plan. The Planning Board office has maps and plans showing the location of these lands and markers. In any case, it is the homeowners responsibility to know where their lot lines are and the associated restrictions. Access corridors, either by dedication or easement, are provided from the street to rear greenways between selected lots. These are provided for public and municipal access to the greenway areas. If dedicated, these areas are to be treated the same as the main greenway areas. If easements, they may be maintained by the property owner(s) involved, but landscaping and wooded areas must not be destroyed or public access blocked or restricted in any way. These access ways are usually monumented and, if an easement, it should be shown on a homeowners lot survey plan. Dedicated access ways are shown on the Township map.
Conservation and Landscape Easements
The purpose of these easements is to protect steep slopes, stream beds, wetlands and ponds and/or provide "green" buffers. They are easements, the land is still owned by the homeowner but the easement areas have certain restrictions placed on its use and/or give the Township certain rights therein. The conservation easement areas can only be mowed if the area was shown as open grass area with no shrubs or trees on the approved subdivision plats. Shrubs and trees and ground cover can not be cut or disturbed or destroyed. The same rules apply to landscape easements, but they can be mowed providing the approved plats show the areas to be planted with grass or turf and that the trees and shrubs are not damaged or removed. Often these easements are also marked with steel posts at intervals, and are shown on maps and plans which are located in the Planning Board office, and should be shown on the homeowners lot survey plan. No structures shall be located in these easements. It is the homeowners responsibility to know the location of easement lines and associated restrictions.
Drainage Easements These easements contain drainage structures and ditches and/or grant the Township the right to enter such easements and to maintain, repair, install or replace drainage facilities. No structures shall be located in these easements. Homeowners that locate shrubs and/or trees in these easements do so at their own risk. The Township is not liable for replacement of any shrubs and/or trees if damaged when exercising the Township rights in the easement. The homeowner is responsible to know the location of easement lines and associates restrictions. They should also be shown on the homeowners lot survey plan and are shown on maps and plans located in the Planning Board office.
Summary
Violation of green acres, greenways, or the various kinds of easements is a serious offense. When detected, the violation must be abated, damaged areas replanted and/or restored, often at considerable expense to the homeowner, and the homeowner may be subject to fines and other legal action. Homeowners should check their lot survey plan, usually received when a home or lot is purchased, to see if protected areas are part of, or adjoined to, their property. If so, it is suggested that the Colts Neck Development Regulations Ordinance, and applicable approved subdivision plats, be reviewed to determine the restriction involved. It is the homeowners responsibility to know the location of lot lines and any associated easements and associated restrictions.
Please help us protect our public lands and easements and to protect yourself from violations. If you have any questions or seek further information, please call the Shade Tree Commission if it involves vegetation and/or call the Zoning Officer on other questions.