5/27/26 - Open Space Tax
During Tuesday night’s committee meeting, there was a discussion about open space funds and whether the tax could or should be increased. Should the funds be used only for land acquisition or also for the maintenance of open space already owned by the township? There was also a discussion of what constitutes open space: parks, playing fields, trails, or unimproved land.
While I agree that carefully crafted language on how open space funds should be spent should be part of any ordinance amendment, attempting to change the ordinance with language that accounts for every contingency, positive and negative, can have unintended consequences similar to those of an ordinance with overly broad language.
According to the Mendham Township Open Space and Recreation Plan Update – DRAFT 4/24/25, there are 3,422 acres of preserved land, covering 31% of the Township. Of this open space, 1,112 acres are preserved municipal parkland.
There was no discussion of how much land the township should preserve, or of when the push to preserve land could erode or cap residential tax base growth. Fully preserved land generates $0 in property taxes. The acquisition of 3 Tinley Rd will remove approximately $18,000 in annual tax revenue from the township tax rolls.
I agree that the township should acquire land for open space when the right opportunity presents itself, but it has to make solid fiscal sense.
Thank you to all the members of the open space committee for your hard work and commitment to preserving Mendham Township.
5/11/26 - Tree Workshop
I want to thank all the members of the tree committee for their hard work and commitment to this project. Satisfying everyone is an impossible task.
Here are a few things I heard at last night's tree ordinance workshop.
The ordinance appears to be written to stop the worst offenders. Unfortunately, this is done at the expense of the average property owner. This view was reinforced to me by the examples of violations given by members of the tree committee and the township committee.
The purpose of the ordinance appears to be to prevent property owners from removing trees. The tree committee stated that the new ordinance must be approved to stop what is currently permissible under the existing ordinance.
I guess I’m naive to think the purpose of this ordinance is to work with property owners to preserve trees, improve compliance, and achieve the best possible outcome for the property owner and the township.
There was a discussion of what constitutes a hazardous tree and what constitutes proof of hazard. There was general agreement that a tree that has fallen on your house is a hazard that can be immediately removed, allowing you to file a tree removal application after the removal.
What was less clear is whether a tree that is 10 feet from a property owner's home, which the property owner considers a hazard, is one in the eyes of the tree committee. If the tree is healthy, is it a hazard? Who decides? How does a resident fight a tree committee determination and at what cost? If the tree does eventually fall on the home, is the township liable? What constitutes proof of hazard?
If the property owner's insurance company requires a healthy tree to be removed because of its proximity to the home, is that proof of hazard?
Another example raised was when the roots of a heritage tree invaded a property owner's septic system. The tree committee's position seemed to be that if the roots cannot be cut back to resolve the septic problem, the tree can be removed. Who decides that, and at what expense to the property owner?
Quality-of-life issues were briefly discussed last night. Examples included what happens when a property owner wants more sunlight on their pool or wants to expand their backyard to create a larger area for their children to play. Do trees in these examples trump property rights and quality of life?
Lastly, the final public commenter via Zoom implied that the 6 pm meeting time favored older property owners, who are not in favor of the proposed tree ordinance, and put younger property owners who support the tree ordinance at a disadvantage. I would ask that the township committee address these accessibility concerns.
These are a few of my takeaways from the workshop. I encourage you to read the current and proposed ordinances, read the minutes, and watch the video of last night's session.
Protect your Property Rights - Blog Post 5/5/26
The email below is from Deputy Mayor Nick Monaghan. Please take the time to read it and share your thoughts with Nick (or me). nmonaghan@mendhamtownship.org
Dear Gary,
(Gary, I know you are active on this, but I wanted you to be informed)
I am writing to ask for your help regarding the revised Tree Removal ordinance, which is being considered by the Township Committee. Apologies for the length of this email, but I feel that it is an important topic, worthy of your time.
In my view, the proposed ordinance is far too restrictive of our rights as homeowners to manage our properties without interference from your municipal government.
The current version of this proposed ordinance is available here:
Proposed Tree Ordinance - Current Version.
The ordinance is 14 pages, and there is much that I find objectionable, however here are a few highlights:
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The ordinance restricts your ability to remove any tree over 4” (in a conservation zone) or 6” anywhere else on your property, without permission from the Tree Committee. Permission can be withheld except in certain circumstances.
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The ordinance requires a rather convoluted tree replacement system for trees they allow you to remove:
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A Tree replacement system is required by the State DEP, however each municipality can determine what system is best for them.
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The proposed system “allows” residents to remove 2 trees over a 5-year rolling period without replacement. This does not apply in the conservation zone (every property has a conservation zone), where all trees removed must be replaced.
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The tree committee, not you, the homeowner, has the right to determine if you should plant replacement trees on your property or not, and they can tell you where on your property to plant them.
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The ordinance specifies a graduated number of replacement trees to be planted; the larger the tree removed, the higher the number of replacements required.
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The ordinance requires 1.5” caliper replacement trees, which are more expensive than a “whip” or “sapling”, and more difficult for a homeowner to plant. Our own experience in the Township shows that there is no difference in survivability by planting the smaller trees.
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It is anticipated that the revised ordinance will be so difficult to administer that there has been $5,000 added to the 2026 budget to hire a forester to administer it. I voted against this Budget amendment, however it passed by a 3-2 vote.
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We have had a tree ordinance for over 20 years, and there have been very few permits denied. This demonstrates that our neighbors have historically acted responsibly in managing their properties. We don’t need this heavy handed ordinance.
There is much more in this ordinance that should be changed, however for the sake of brevity I will not list them all. Please do review the draft.
What I am asking from you: I have been arguing against this ordinance for a year and a half, and we are now in the home stretch. I believe that the ordinance has the votes to pass on a 3-2 vote. I am asking you to please send an email to the Township Committee with your comments. You can use the following email addresses:
Thank you in advance!
Please forward this email to your friends and neighbors, the more community support for modifying this proposed ordinance the better!
Finally, on Monday May 11 at 6pm, the Township Committee will be meeting with the Tree Committee to review the latest revisions to the ordinance, based on comments from the public. There will be a public comment session. Please consider joining this session, either live or via zoom (if you would like the zoom link reply to this email. I will send it when it is published).
Thank you,
Nick Monaghan
Mendham Township Deputy Mayor
4/30
From my home on N. Gate Rd in Ralston, it took me 50 minutes to drive 11 miles to Summit Health off Park Ave in Florham Park at 11 am yesterday. Think traffic in Mendham and Morris County is bad now? It's only going to get worse.
While Mendham Township is largely exempt from state-mandated large-scale, high-density affordable housing developments until public infrastructure (water and sewage systems) is developed.
Surrounding communities, such as Mendham Borough, are required to meet their affordable housing obligations. The state has no plan to help municipalities address the traffic its high-density affordable housing mandate will create.
The power to stop the madness in New Jersey lies with the Governor, an advocate of high-density, affordable housing, and the State Legislature, a body controlled by the Democrats for the past two decades.
4/28/26
Interesting budget presentation at last night's committee meeting. Thank you to Jason Gabloff, Mayor Neibart, and the finance committee. The municipal portion of our property taxes, including the total trash utility bill, was held to a near-zero increase. After much talk of fiscal restraint and the finance committee's outstanding job, budget amendments were proposed.
Increase the township's $235,000 donation to the library, despite limited information on how the money is spent. There was discussion about the number of programs run by the library, but no data on the need for those programs, how their effectiveness is measured, or how many residents use the library. It was also briefly discussed to fund the library through a tax assessment, similar to the open space tax.
An amendment was proposed to increase the arborist or tree professional budget line item. No job description was discussed. The budgeted amount proposed by the finance committee has historically never been spent. The increase will seemingly be used to enforce the yet-to-be-agreed-upon tree ordinance. Thank you to Deputy Mayor Monaghan for trying to hold the line here.
Both amendments were passed.
Also discussed was the possible need to raise the municipal portion of your property tax in 2027 to increase the fund balance and maintain fiscal stability. The municipality's goal is to maintain a fund balance between 10% and 15%; we are currently at 12.5%. Committeewoman Duarte suggested raising taxes this year.
Watch the meeting on Mendham TV https://www.mendhamtv.org/on-demand
FOR IMMEDIATE RELEASE
March 23, 2026
Gary Kapner Announces Candidacy for Mendham Township Committee
Mendham Township, NJ – Today, lifelong New Jersey resident and longtime community leader Gary Kapner officially announced his run for the Mendham Township Committee. A Republican committed to preserving the township’s rural character, fiscal responsibility, and high quality of life, Kapner aims to provide strong leadership and common-sense solutions to the five-member governing body.
Kapner currently serves as Chair of the Mendham Township Zoning Board of Adjustment and President of the Oak Knoll Property Owners Association. Since moving to North Gate Road in 2019, he has been actively involved in local land-use decisions and neighborhood preservation. Before Mendham, he served the Borough of New Providence for more than a decade — including 10 years on the Planning Board, and two terms as Borough Councilman..
I am running for Township Committee because Mendham Township deserves leaders who listen, act with integrity, and prioritize residents," said Kapner. “Having served on the Zoning Board and seen firsthand how important balanced, thoughtful governance is for our future, I am prepared to bring that same dedication to the Township Committee. We must protect our open space, keep taxes affordable, support our first responders, protect property rights, and ensure that any growth respects the quiet neighborhoods and rural charm that make Mendham so special.
Kapner, 65, was born in Newark and grew up in West Caldwell. He and his wife, Rachel, have been married for 38 years and own CWI Design, a custom home furnishings company serving clients across the New York metropolitan area, the New Jersey shore, and South Florida. The couple chose Mendham for its large lots, open spaces, and strong sense of community.
For more information www.kapner4mendhamtwp.com