[HISTORY: Adopted by the Township Council
of the Township of Evesham 4-10-2024 by Ord. No. 6-4-2024.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
144, Trees and Shrubs, adopted 2-5-1980 by Ord. No. 43-10-79. This
ordinance also changed the title of the chapter from "Trees and Shrubs"
to "Tree Removal and Replacement."
To establish requirements for tree removal and replacement to
reduce soil erosion and pollutant runoff, promote infiltration of
rainwater into the soil, and protect the environment, public health,
safety, and welfare. This chapter is intended to satisfy the requirements
of the New Jersey Department of Environmental Protection (NJDEP) Stormwater
Management Rules (N.J.A.C. 7:8-1 et seq.).
The following terms, phrases, words, and their derivations shall
have the meanings stated herein unless their use in the text of this
chapter clearly demonstrates a different meaning. When consistent
with the context, words used in the present tense include the future,
words used in the plural number include the singular number, and words
used in the singular number include the plural number. The use of
the word "shall" means the requirement is always mandatory and not
merely directory.
Any "person," as defined below, who applies for approval
to remove trees regulated under this chapter.
The planting of new plants and/or trees to either replace
or compensate for existing viable plants being removed from a tract
of land, at a specific ratio based on the diameters of the existing
trees. See Codes 160-5 and 62-56 Natural Features & Landscaping.
The zone around the base of a tree where the majority of
the root system is found. This zone is calculated by multiplying the
diameter at breast height (DBH) of the tree by 1.5 feet. For example:
a tree with a six-inch DBH would have a CRR = six inches by 1.5 feet
equals nine feet.
The diameter of the trunk of a mature tree generally measured
at a point 4 1/2 feet above ground level from the uphill side
of the tree.
A tree or limbs thereof that meet one or more of the criteria
below. Trees that do not meet any of the criteria below and are proposed
to be removed solely for development purposes are not hazard trees.
The determination of the criteria must be confirmed and document by
a NJ license tree expert and/or certified arborist (as per NJ Statute
45:15C-11):
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.);
Is determined to be a threat to public health, safety, and/or
welfare by a NJ certified arborist or Licensed Tree Expert (LTE).
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
The part of a street right-of-way between the public right-of-way
and the portion of the street reserved for vehicular traffic or between
the abutting property line and the curb or traveled portion of the
street, exclusive of any sidewalk.
An individual who resides on the residential property or
contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this chapter is removed or proposed
to be removed.
A tree planted in in the public right-of-way. This also includes
trees planted in planting strips within the roadway right-of-way,
i.e., islands, medians, pedestrian refuges.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
The diameter of the trunk of a young tree, measured six inches
from the soil line. For young trees whose caliper exceeds four inches,
the measurement is taken 12 inches above the soil line.
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.
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.
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.
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius around the
base of the tree that leads to the decline and/or death of a tree.
Removal does not include responsible pruning and maintenance of a
tree, or the application of treatments intended to manage invasive
species.
A.
Tree removal.
(1)
Street tree removal within the ROW: Any person planning to remove
a street tree within the municipal right-of-way (ROW) shall submit
a street opening permit application (for tree removal) to the Department
of Public Works or the appropriate agency having jurisdiction (County,
State, MUA etc.).
(2)
Planning Board or Zoning Board of Adjustment applications: As part of the application process, tree removal and proposed landscape plans are reviewed by Board Professionals and the Evesham Environmental Commission. Trees removed during these applications are subject to § 62-56.
(3)
Zoning permits and grading plans: Applications for Zoning permits
(including grading plans) that involve tree removal must comply with
clearing ratios established by the applicable zone performance regulations.
Clearing limits proposed above the maximum permitted will require
a variance application to the appropriate board having jurisdiction.
Applications that involve tree removal may include review and recommendations
for approval by Township professional consultants and/or the Department
of Recreation and Open Space and Department of Public Works.
B.
Tree replacement requirements.
(1)
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 144-4, shall be subject to the requirements of the conditions set forth in this section.
(2)
Residents, who wish to replace or add a street tree(s) at their own expense, must submit a request on a street opening permit. Street tree replacements or additional street tree(s) requests shall conform to § 62-56H(11). Consistent with Township Code, the responsibility of the replacement or newly added tree(s) including maintenance, care during development, and or remediating hazards shall remain the homeowner or current property owner.
(3)
Any person, who removes one or more tree(s), as defined as tree removal, with a DBH of six inches or more per acre, unless otherwise detailed exempt under § 144-4, shall be subject to the requirements tree replacement.
(4)
Replacement trees: the species type and diversity of replacement trees shall be in accordance with § 62-56H(11), Recommended list for street tree, shade tree and prohibited street and shade trees (Ord. No. 1-2-2023 adopted 2-8-2023), or from the list of trees provided by the list provided by the Pinelands Commission webpage titled "Native Pinelands Plants for the Landscape." See Tree Replacement Table (Section 8).
(5)
Alternative tree request for a tree not listed in either § 62-56H(11) or on the Pinelands Commission list titled "Native Pinelands Plants for the Landscape." Applicant wanting to plant a tree that is not on the approved lists must submit a request, in writing, to the Township Department of Public Works or Planning and Zoning for approval by the Township Manager or designee. The request must include the proposed tree common and scientific name, site location on a drawing and other detailed specific information. Review and recommendations for approval may include Township professional consultants, Department of Recreation and Open Space, Department of Public Works, and the Evesham Environmental Commission.
(6)
Planting times/seasons. Fall is often considered the best time of
year to plant new trees. Generally, late August, September and October
are the best months.
(7)
Replacement tree(s) shall:
(a)
Be replaced in kind with a tree that has an equal or greater
DBH than tree removed or meet the Tree Replacement Criteria in the
table below;
(b)
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the municipality;
(c)
Be monitored by the applicant for a period of two years to ensure
their survival and shall be replaced as needed within 12 months; and
(d)
Shall not be planted in temporary containers or pots, as these
do not count towards tree replacement requirements.
(8)
Tree Replacement Requirements Table:
|
Category
|
Tree Removed
(DBH)
|
Tree Replacement Criteria
|
|---|---|---|
|
1
|
DBH of 2.5 inches (for street trees) or 6 inches (for non-street
trees) to 12.99 inches
|
Replant one tree with a minimum tree caliper of 1.5 inches for
each tree removed
NOTE: Street trees removed will be replanted in a location to
be determined by the DPW/Township as part of the permit process.
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant two trees with minimum tree calipers of 1.5 inches for
each tree removed
NOTE: Street trees removed will be replanted in a location to
be determined by the DPW/Township as part of the permit process.
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant three trees with minimum tree calipers of 1.5 inches
for each tree removed
NOTE: Street trees removed will be replanted in a location to
be determined by the DPW/Township as part of the permit process.
|
|
4
|
DBH of 33 inches or greater
|
Replant four trees with minimum tree calipers of 1.5 inches
for each tree removed
NOTE: Street trees removed will be replanted in a location to
be determined by the DPW/Township as part of the permit process.
|
All persons shall comply with the tree replacement standard
outlined above, except in the cases detailed below. Proper justification
shall be provided, in writing, to the municipality by all persons
claiming an exemption. Proper justification for tree removal must
be demonstrated with photos of the tree/s and supporting paperwork
from a NJ license tree expert and/or certified arborist (as per NJ
Statute 45:15C-11) confirming the tree as hazardous.
A.
Residents who remove less than four trees per acre that fall into
category 1, 2, or 3 of the Tree Replacement Requirements Table within
a five-year period.
B.
Tree farms in active operation, nurseries, fruit orchards, and garden
centers;
C.
Properties used for the practice of silviculture under an approved
forest stewardship or woodland management plan that is active and
on file with the municipality;
D.
Any trees removed as part of a municipal or state decommissioning
plan. This exemption only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning plan.
E.
Any trees removed pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental clean-up, or NJDEP approved habitat enhancement plan;
F.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife;
G.
Hazard trees may be removed with no fee or replacement requirement.
H.
Trees and shrubs used as a source of firewood exclusively for the
landowner's use.
I.
Trees and shrubs growing within 150 feet of a building used as an
owner-occupied residence.
J.
Trees and shrubs growing on a single lot, two acres or less in area,
upon which is located an owner-occupied residential structure.
See § 102-22.
See § 102-24.
See § 102-25.
See § 102-26.
See § 102-27.
