Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Evesham 2-5-1980 by Ord. No. 43-10-79. Amendments noted where applicable.]
GENERAL REFERENCES
Violations and penalties — See Ch. 1, Art. I.
Shade Tree Advisory Commission — See Ch. 33.
Brush, grass and weeds — See Ch. 54.
Subdivision and site plan design standards — See Ch. 62.
Subdivision of land — See Ch. 135.

§ 144-1 Purpose.

[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.

§ 144-2 Definitions.

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:
ISSUING AUTHORITY
The Township Manager or other person designated by ordinance or administrative order to issue tree removal permits.
PRESERVATION EASEMENT
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]
SHRUB
Any native Laurel having a root crown of three inches at the soil or surface level.
TREE
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.

§ 144-3 Applicability.

[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.

§ 144-4 Exemptions.

[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.

§ 144-5 Permit; application procedure; fee.

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]

§ 144-6 Conditions for grant or denial of permit.

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.

§ 144-7 Standards for grant or denial of permit.

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.

§ 144-7.1 Subdivision and site plan approval.

[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.

§ 144-8 Right to hearing.

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.

§ 144-8.1 Trees of special value.

[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.
D. 
It shall be a violation of this chapter, punishable under § 144-9, for any person, firm or corporation to remove a tree or shrub in order to avoid the provisions of this section.

§ 144-9 Violations and penalties.

[Amended 2-3-1981 by Ord. No. 56-12-80]
A. 
Any person, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this Code.
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.