[HISTORY: Adopted by the Township of Washington
(now Township of Robbinsville) by Ord. No. 84-10 (Ch. XXV of the 2001
Code). Amendments noted where applicable.]
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:
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]
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.
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.
A.
No person, corporation or entity shall remove or destroy
any tree to which this chapter is applicable without first obtaining
a tree removal permit from the Township.
B.
Tree removal permits shall be issued by the issuing
authority upon written application therefor. Applications shall be
in a form specified by the governing body and shall contain the name
and address of the owner of the lands upon which the trees sought
to be removed are located; the authority of the person, corporation
or entity applying for the permit to remove the trees; the type, size,
number and location (by street, block and lot numbers) of trees sought
to be removed. The application shall contain such additional information,
surveys, plans or certifications as may be required by the governing
body.
C.
The fee for a tree removal permit shall be established
by administrative regulation promulgated by the governing body.
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 the governing body have been met and that no violations of this chapter have taken place, the permit shall be renewed, subject to any condition as defined in § 241-7.
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.
A.
The governing body may designate, by ordinance, a
certain tree or a certain species of tree as being of special value
based on rarity or historical importance.
B.
If any tree designated under this section is located
on a site being considered for major subdivision approval, the Land
Use Board may, as a condition of final approval, require the developer
to grant a preservation easement to the Township.
[Amended 7-20-2022 by Ord. No. 2022-27]
C.
If any tree designated under this section is located
on private property not seeking major subdivision approval, the Township
may acquire a preservation easement by gift, purchase or eminent domain.
B.
In the event any tree 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 or other person seeking to compel enforcement
of this chapter, and the remedies of compelling replacement of a tree
by paying money damages shall be considered cumulative.
