This article shall be known as the "Tree Ordinance
of the Town of Stony Point."
The Town of Stony Point hereby finds that indiscriminate
and excessive removal of trees by physical or chemical means from
tracts of land has resulted in creating increased surface drainage
and soil erosion, thereby causing increased municipal costs for proper
drainage control, impairing the benefits of occupancy of existing
residential property in such areas and further impairing the stability
and value of both improved and unimproved real property in such areas
and concomitantly adversely affecting the health, safety and general
welfare of the inhabitants of the town.
This article shall apply to all major timbering
operations and all persons and corporations who are or will be applying
for building permits for residential, commercial or industrial developments.
School districts, federal and local governments are exempt.
No building permit shall be issued unless such
person or corporation shows on an appropriate plan all proposed tree
removals in relation to the survey stakes marking out a building foundation,
garage, driveway, recreation area or any site that warrants tree removal.
The species and condition of trees shall be checked by the Conservation
Advisory Council and reported to the Building Inspector of the Town
of Stony Point.
No live trees exceeding three inches in diameter
shall be removed except under the following circumstances:
A. If their presence would cause hardship or endanger
the public or an adjoining property owner.
B. In areas to be occupied by buildings, driveways or
recreation areas and within a distance of 15 feet around the perimeter
of such building, depending on tree species and conditions to be determined
by the Conservation Advisory Council.
C. In areas having excessive cut or fill of land deemed
inimical to tree survival as evaluated by the Conservation Advisory
Council.
D. In areas where selective thinning and timbering of
trees would encourage the development of prime specimen trees. The
selection of species of trees to be preserved shall be based on the
recommendation of the Conservation Advisory Council.
Any person aggrieved by the provisions of this
article shall have the right within 20 days from the decision of the
Conservation Advisory Council to appeal to the Zoning Board of Appeals,
who shall review the decision of the Conservation Advisory Council.
Unless the decision is revoked or modified, it shall remain in full
force and effect.
[Amended 6-8-1999 by L.L.
No. 7-1999;4-26-2022 by L.L. No. 2-2022]
Any person violating any of the provisions of
this article shall be subject to a fine of not more than $1,000 or
by imprisonment in the County Jail for a period not exceeding 15 days,
or both.