The short title of this chapter shall be the "Tree Ordinance,"
and this chapter shall hereafter be cited or referred to for purposes
of amendment or otherwise by said title.
The Township of Eagleswood finds that the development of unimproved
or vacant land for the purpose of commercial and residential development
has resulted in indiscriminate and excess cutting of trees upon tracts
of land and has resulted in creating increased surface water runoff
and soil erosion, thereby increasing municipal costs to control drainage
within the Township. It further finds that such excessive removal
and destruction of trees impairs the proper occupancy of existing
residential areas and impairs the stability and value of improved
and unimproved real property in such areas with the attendant deterioration
of conditions affecting the health, safety and general welfare of
the inhabitants of the Township, and further finds that regulations
for the indiscriminate removal of trees is within the police power
of the Township.
For the purpose of this chapter, the following words shall have
the meanings indicated:
BUFFER AREA
The distance from the side and rear property lines beginning
at the front setback line of the lot and running to the rear line
in the case of the side lines and for the entire width of the rear
line. For specific buffers, refer to the existing zoning ordinance.
BUILDING PLOT
A parcel of land upon which a building has been or may be
erected in accordance with the zoning ordinance.
PERMITS
A license issued by the Zoning Office to remove or destroy
trees from any land as defined in this section. Permits shall be valid
for a period of one year from the date of issuance.
SHRUB
A woody plant that is never treelike in habit and produces
branches or shoots from or near the base, such as kalmia, rhododendron,
azalea, ilex, viburnum and similar species.
TREE
Any living deciduous tree having a trunk of a diameter greater
than three inches (diameter at four feet from ground level), any living
coniferous tree having a trunk of a diameter greater than four inches
(diameter at four feet from ground level), or any living dogwood (cornus
florida) or American holly (ilex opaca) having a diameter of one inch
or greater (diameter at four feet from ground level).
The provisions of this chapter shall apply to all lands within
the Township of Eagleswood. Where a structure is located on a lot,
the owner of residential property may claim exemption from this chapter
for an area of land surrounding his home equal to the minimum lot
area provided by the Eagleswood Township Zoning Ordinance for construction
of a residential dwelling in that zone. In addition, where an applicant
for a building permit for construction of a residential structure
proposes the removal of no trees which are greater than 15 feet away
from the proposed new building and from the attendant driveway, drainage
field, septic tank or other facility being constructed contemporaneously
therewith, the applicant shall be exempt from the requirements of
this chapter.
Anything to the contrary contained within this chapter notwithstanding,
any applicant shall be entitled to obtain a permit for selective removal
and cutting of up to 10% of the trees on any property owned by him
upon which is located a single-family residential dwelling and on
any adjacent contiguous vacant property also owned by the applicant.
No sketch or plot plan shall be necessary for the issuance of such
a permit. Upon application, the applicant shall execute a statement
indicating that he shall remove no more than 10% of the trees covered
by this chapter from his property pursuant to that permit. It shall
be a violation of this chapter for an applicant under this section
to remove more than 10% of the trees existing on his property during
the term of validity of the permit.