[HISTORY: Adopted by the Township Council
of the Township of Evesham 2-5-1980 by Ord. No. 43-10-79. Amendments
noted where applicable.]
[Amended 2-3-1981 by Ord. No. 58-12-80]
The intent and purpose of this chapter is to
establish standards for the Township of Evesham for the protection
and preservation of certain trees and shrubs as defined herein growing
in a natural state within this municipality.
The meanings of words when used in this chapter
shall be given their common and ordinary meaning except when otherwise
specified. The following words are specifically defined for purposes
of this chapter:
The Township Manager or other person designated by ordinance
or administrative order to issue tree removal permits.
Agreement wherein the landowner agrees to take no action
which will jeopardize the health of the protected tree or shrub and
to grant the Township access to maintain the protected tree or shrub.
[Added 2-3-1981 by Ord. No. 56-12-80]
Any native Laurel having a root crown of three inches at
the soil or surface level.
Any woody perennial plant, having a diameter of four inches
or greater measured at a point four feet above the ground, or living
Dogwood, American Holly Tree or White Cedar having a diameter of one
inch or greater measured at a point four feet above the ground.
[Amended 2-3-1981 by Ord. No. 56-12-80]
This chapter shall apply to the removal of all trees and shrubs, as defined in this chapter, growing upon any land in the Township of Evesham, except as exempted by § 144-4.
[Amended 2-3-1981 by Ord. No. 56-12-80]
Permits shall not be required for the removal
of the following trees and shrubs:
A.
Trees and shrubs growing on lots qualified for and complying with a certified Tree/Forest Management Plan developed by the New Jersey Department of Environmental Protection, Bureau of Forestry. The Management Plan must be filed with the issuing authority and must either substantially comply with the provisions of § 144-7 or contain a certification of the State Forester that, due to the peculiar characteristics of the particular site, other standards are specifically recommended. This exemption is available only for properties currently qualified and approved under the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.).
B.
Trees and shrubs used as a source of firewood exclusively
for the landowner's use.
C.
Trees and shrubs growing within 150 feet of a building
used as an owner-occupied residence.
D.
Trees and shrubs growing on a single lot, two acres
or less in area, upon which is located an owner-occupied residential
structure.
E.
Any tree growing on a property as part of a nursery
or garden center.
A.
No person, corporation or entity shall remove or destroy
any tree or shrub, to which this chapter is applicable, without first
obtaining a tree removal permit from the Township of Evesham.
B.
Tree removal permits shall be issued by the issuing
authority upon written application therefor, Applications shall be
in a form specified by the Township Manager and shall contain the
name and address of the owner of the lands upon which the trees or
shrubs sought to be removed are located, the authority of the person,
corporation or entity applying for the permit to remove the trees
or shrubs, the type, size and location of trees or shrubs sought to
be removed. The application shall contain such additional information,
surveys, plans or certifications as may be required by the Township
Manager.
C.
The fee for a tree removal permit shall be established
by administrative regulation promulgated by the Township Manager of
the Township of Evesham.
D.
The tree removal permit shall be valid for one year from the date of issuance. If, at the end of the term, the issuing authority is satisfied that the standards set by § 144-7 have been met and that no violations of this chapter have taken place, the permit shall be renewed, subject to any conditions as defined in § 144-6.
[Added 2-3-1981 by Ord. No. 56-12-80]
The issuing authority shall grant or deny such permit with reference to the standards contained in § 144-7 hereinbelow. In applying such standards, the issuing authority may condition the grant of the permit upon such reasonable conditions as may be deemed necessary to effectuate the purposes of this chapter.
The following standards shall govern the grant,
conditional grant or denial of a tree removal permit in Evesham Township:
A.
The issuing authority shall be satisfied that the
removal or destruction of any particular tree or shrub which is unique
in age, size or type is required for the effective utilization of
the lands in question.
B.
The issuing authority shall be satisfied that the
removal or destruction of trees and shrubs proposed shall not impair
the growth and development of the remaining trees and shrubs on the
lands where the trees are situate or on adjacent lands.
C.
The issuing authority shall be satisfied that the
removal or destruction of trees and shrubs proposed shall not cause
soil erosion or impair existing drainage patterns.
D.
The issuing authority shall be satisfied that the
proposed removal or destruction of trees and shrubs shall not result
in a reduction or loss of value to properties proximate to the removal
or destruction.
E.
The issuing authority shall be satisfied that adequate
precautions shall be taken with respect to the removal of trees and
shrubs, that other trees will not be damaged by mechanical removal,
that the roots of remaining trees will not be cut, that the trees
removed will not be buried or burned and that dead trees are not permitted
to become harborages for rats or other rodents.
[Added 2-3-1981 by Ord. No. 56-12-80]
The Planning Board, when considering applications
for subdivision or site plan approval, shall require that buildings
and pavements be relocated so as to minimize the need to remove trees
or shrubs.
Any person aggrieved by a decision of the issuing
authority shall be afforded a hearing with respect thereto before
the Township Manager or his designate if a written request is filed
within 10 days from the action of the issuing authority. The record
of such hearing shall be maintained by the means of minutes or electronic
means.
[Added 2-3-1981 by Ord. No. 56-12-80]
A.
The Township Council may designate, by ordinance,
a certain tree or shrub or a certain species of tree or shrub as being
of special value based on rarity or historical importance.
B.
If any tree or shrub designated under this section
is located on a site being considered for major subdivision approval,
the Planning Board may, as a condition of final approval, require
the developer to grant a preservation easement to the Township of
Evesham.
C.
If any tree or shrub designated under this section
is located on private property not seeking major subdivision approval,
the Township may acquire a preservation easement by gift or purchase.
[Amended 2-3-1981 by Ord. No. 56-12-80]
B.
In the event any tree or shrub is removed in violation
of this chapter, the issuing authority may revoke the violator's tree
removal permit.
C.
Nothing herein shall be deemed to limit the remedies
available to the Township of Evesham or other person seeking to compel
enforcement of this chapter, and the remedies of compelling replacement
of a tree or shrub by paying money damages shall be considered cumulative.
