The intent and purpose of this chapter is to
establish standards for the Township for the protection and preservation
of certain trees as defined herein growing in a natural state within
this municipality.
As used in this chapter, the following terms
shall have the meanings indicated:
ISSUING AUTHORITY
The Township Engineer or other person designated by ordinance
or administrative order to issue tree removal permits.
[Amended 8-30-2005 by Ord. No. 2005-29; 2-12-2009 by Ord. No. 2009-6]
PRESERVATION EASEMENT
An agreement wherein the landowner agrees to take no action
which will jeopardize the health of the protected tree and to grant
the Township access to maintain the protected tree.
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.
This chapter shall apply to the removal of all
trees, as defined in this chapter, growing upon any land in the Township.
Permits shall not be required for the removal
of the following trees:
A. Trees used as a source of firewood exclusively for
the landowner's use at a residence on the lot where tree is located.
B. Trees growing on a single lot, two acres or less in
area, upon which is located an owner-occupied residential structure.
C. Any tree growing on property actively operated as
a farm which is removed for purposes of clearing land to farm.
D. Any tree growing on a property as part of a nursery,
garden center or Christmas tree farm.
The issuing authority shall grant or deny such permit with reference to the standards contained in §
241-7. 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 Robbinsville
Township:
A. The issuing authority shall be satisfied that the
removal or destruction of any particular tree 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 proposed shall not impair the growth
and development of the remaining trees 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 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 will not damage adjoining
properties.
E. The issuing authority shall be satisfied that adequate
precautions shall be taken with respect to the removal of trees; that
other trees will not be damaged by mechanical removal; that the roots
of remaining tree will not be cut; and that the trees removed will
not be buried or burned.
[Amended 7-20-2022 by Ord. No. 2022-27]
The Land Use 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.
Any person aggrieved by a decision of the issuing
authority shall be afforded a hearing with respect thereto before
the governing body 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.