[HISTORY: Adopted by the Township Committee
of the Township of Stillwater as indicated in article histories. Amendments
noted where applicable.]
[Adopted as Ch. XV of the 1971 Revised General
Ordinances]
A.
The Township Committee does hereby decide and find
that the indiscriminate, uncontrolled and excessive destruction, removal
and cutting of trees upon lots and tracts of land within the Township
results in creating increased municipal costs to control drainage,
and further causes increased soil erosion, decreased fertility of
soil, increased dust, which deteriorates property values, and further
renders land unfit and unsuitable for its most appropriate use, with
the result that there has been and will continue to be deterioration
of conditions affecting the health, safety and general well being
of the inhabitants of the Township.
B.
It is the purpose of this article to control soil
erosion and sediment damages and related environmental damage by requiring
adequate provisions for surface water retention and drainage and for
the protection of exposed soil surfaces in order to promote the safety,
public health, convenience and general welfare of the community. The
standards and procedures established in this article are intended
to furnish guidelines for the use of Township boards, committees and
commissions in evaluating tree removal and planting plans prior to
issuing approval for subdivision, and other land development.
C.
No person shall cut or remove any tree upon any land
within the Township, unless such removal accomplishes a useful purpose
and is done in accordance with regulations and provisions of this
article.
As used in this article, the following terms
shall have the meanings indicated:
A plan of tree removal or planting approved by the Planning
Board, the Building Inspector or other Township agency, as provided
for in this article.
Schools, hospitals, churches, clubs, lodges, or any such
building used by any organized group or by the public generally.
A list of trees recommended by tree specialists as best adapted
to the climate, soil and topography of the Township, and adopted by
resolution of the Township Committee. This list shall be kept on file
for the use and guidance of persons presenting plans for tree planting.
Any woody perennial plant having a diameter greater than
four inches, measured at a point 4 1/2 feet above the ground.
Any area larger than one-half acre supporting sufficient
trees to cause 75% of the ground to be directly under canopies of
trees.
A.
A tree removal and planting plan shall be filed with the Planning Board with every application for a minor or major subdivision, application for resubdivision, site plan review and approval, or prior to any other development requiring tree removal or planting, except as otherwise provided in § 382-11 or Subsection B of this section. Where no tree removal or planting is planned, this information shall be submitted.
B.
Where a lot or tract is proposed to be developed for
use as a single family residence and the owner has not received an
approved plan or the approved plan has been revised, a plan may be
submitted to and approved by the Building Inspector.
C.
A plan for tree removal and replanting must be approved as part of every soil removal and landfill operation application under Chapter 338, Soil Removal, of the Code of the Township of Stillwater.
D.
No building permit shall be issued for the construction
of any residential, commercial, industrial, recreational or community
buildings or accessory buildings unless and until the developer, builder
or owner files with the Building Inspector tree removal or planting
plan, and obtains approval thereof or submits a plan previously approved
by the Planning Board.
E.
If building permits are sought on land which has been cleared for agricultural purposes after January 1, 1974, in accordance with § 382-11I, a planting plan must be submitted to and approved by the Planning Board.
F.
No occupancy permit shall be issued unless tree removal
has been in accordance with the approved plan and all trees required
to be planted have been planted in accordance with the approved plan
or a bond guaranteeing such planting has been posted with the Township
Clerk. The bond shall be in the principal sum of $100 per tree involved.
Under this chapter, the following trees may
be removed without filed plan:
A.
Any tree located on a tract of land 60,000 square
feet or less in size on which a single-family dwelling has been erected
and for which a valid occupancy permit has been issued, provided that
the tree removal is authorized in writing by the owner of such property.
B.
Any tree as a part of a nursery, garden, orchard or
Christmas tree farm, provided that the subject area is being actively
used commercially and is not a component part of a subdivision or
development for building purposes.
C.
Trees removed commercially, provided a license has
been issued pursuant to Article I of this chapter.
D.
Trees managed by the Shade Tree Commission, Conservation
Commission or Public Park Commission.
E.
Any live tree cut for firewood or lumber for personal
use by the owner or his tenant occupying the premises.
F.
Any dead or diseased tree, or any tree that endangers
life or property.
G.
Trees cut according to a plan developed by State or
Federal Forestry Departments, designed for weeding, thinning, planting
or other tree culture, betterment of wooded areas, provided that a
letter so stating is filed with the Building Inspector and is signed
by the forestry specialist developing the plan.
H.
Trees removed in the development of ponds or lakes
when supervised by the Soil Conservation Service or the Federal or
State Forestry Service, provided that a letter so stating is filed
with the Building Inspector signed by the appropriate supervising
agency.
I.
Trees removed for agricultural or silvicultural development by way
of an approved Woodland Management Plan shall be permitted, provided
that a letter is filed with the Building Inspector and Zoning Officer
stating that the land involved is suited for the aforementioned use
and is signed by the Sussex County Agricultural Agent.
[Amended 4-15-2014 by Ord. No. 2014-7]
Every plan submitted for approval shall be in
the form of a map and exhibits showing:
A.
Tax Map lot and block number.
B.
Area of tract.
C.
Location of trees or wooded area.
D.
Number of trees or percent of wooded area.
E.
Species involved.
F.
General slope/topography taken from Stillwater Slope
Map.
G.
Location of streams and wetlands.
H.
Map of locations and surrounding properties showing
wooded areas.
I.
A list of trees to be planted which shall be of a
species shown on the preferred tree list.
J.
Tree removal plan and tree planting plan in relation
to principal and accessory buildings, roads and driveways, parking
lots, garden areas, etc., showing also relation to survey stakes.
K.
Location of buildings.
L.
Location of roads, driveways, parking lots, recreation
areas, garden areas.
M.
Grading plan.
A.
Trees on a proposed building site or within 30 feet
around a building site may be removed.
B.
Trees may be removed where the proposed paved portion
of a parking area is planned. In off-street parking areas other than
for a single residential dwelling, islands of trees must be left in
such a manner that there is a tree every 200 feet or less in any direction.
No paving of any impervious nature shall be placed around the base
of the trunk of the tree within ten feet, and the grade shall be such
that drainage of rainwater will keep the root area watered without
pooling or exceeding the requirements of the species. Excess water
shall be admitted to dry wells or storm sewers on the parking lot
or drained by acceptable means.
C.
Trees may be removed on private rights of ways and
driveways 15 feet each side of the planned paved area. Alignment of
the driveways should be planned to save as many trees as possible.
D.
Trees shall not be removed from an area within 100 feet of the edge of a stream or from within 100 feet of a wetland or marsh unless the tree removal falls under those trees classified in § 382-11D, F, G and H. This applies also to areas adjacent to seasonal streams controlled by critical area restrictions of the zoning provisions of Chapter 240, Land Development.
E.
If no other area than a wooded area or area with trees
can be found to accommodate the sewage system and field meeting the
approval of the sanitary inspector, necessary tree removal shall be
permitted.
F.
Where fill is required around trees, the tree must
be protected by an air well six feet in diameter or as needed around
the trunk which will prevent the intrusion of soil. The top of the
well must extend six inches above the graded level. If the tree is
of a species that will eventually die due to root disturbance or change
in drainage, or the owner prefers to remove the tree, it may be removed
and replaced with another tree from the preferred list in another
or the same area after the fill has stabilized.
G.
Any grading plan must protect standing trees from
machine operation, soil storage, or material storage by distance or
proper barrier. Any tree damaged must be replaced.
H.
Any tree used in a required planting or to replace
a damaged tree, must be 2 1/2 inches in diameter measured 4 1/2
feet from top of root level and should be selected from the preferred
list. Other planned plantings require no specifications other than
that good silviculture should be considered.
I.
A buffer zone of trees and shrubs at least 20 feet
wide shall encircle three sides of an industrial or commercial area.
The Planning Board shall require a larger buffer zone when noise,
size or height of buildings or architectural design of the development
requires an increase, and may require a buffer of trees on all four
sides. Multiple dwelling areas shall be buffered as required to provide
screening from sight and noise as well as providing good aesthetic
value. Expert advice may be sought by the Planning Board or other
agency if needed.
J.
Cluster development, planned unit development, multiple
dwelling development, commercial and industrial development shall
consider the use of treeless areas if possible for building sites.
If it is necessary to develop wooded areas or remove trees for proposed
buildings sites in the case of such developments, the Planning Board
or the Building Inspector may require tree planting in treeless areas
if feasible.
K.
Trees in the area between the street line and the
setback line of the buildings shall be preserved to the extent possible.
L.
Tree removal from any slope is prohibited if it will
contribute, in the opinion of the Planning Board or the Building Inspector,
to extra runoff of surface water onto adjoining property and erosion
and silting, unless other means approved by the Township engineer
are provided to prevent runoff and erosion.
M.
No tree removal is permitted that will expose vacant
land, bill boards, utility substations, transmission towers, warehouses,
junk yards, landfill operations, and other similar structures or operations,
except where trees are dead or diseased or endanger life or property.
However, vacant land may be exposed if it is necessary to remove trees
for building sites or sewerage sites and more esthetic values are
established.
N.
No healthy tree that is special by virtue of history,
unusual size or age or of rare species should be removed.
O.
No trees on public rights of way, parks or public
areas are to be removed by private individuals or utilities except
as approved by a commission, board or officer designated by the Township
Committee.
P.
Trees may be removed to clear for soil removal, landfill
or mining operations provided the same amount of wooded area or the
same number of trees are replaced. If the finished operation is planned
to be used for other development, the replacement of trees shall be
a part of the subdivision plan or a site plan submitted for approval
by the Planning Board.
Q.
Before a tree removal permit is issued pursuant to this section,
the Zoning Officer shall inspect the property and trees to be cut.
Said inspection shall occur within 20 days of the filing of an application
for tree removal. The applicant shall mark with a ribbon, paint or
other identifying material the trees to be cut. No tree cutting permit
shall issue except upon the recommendation of the Zoning Officer.
[Added 4-15-2014 by Ord. No. 2014-7]
[Amended 4-19-2022 by Ord. No. 2022-10]
The Zoning Officer shall be the enforcing officer.
He may, on his own initiative or on complaint of any individual, act
to assure compliance with this article. The Zoning Officer has approval
authority as herein provided and may request expert assistance.
Any person aggrieved by the decision of any
officer, board or body made pursuant to the provisions of this article
may within 10 days of the receipt of such decision appeal to the Township
Committee. Such appeal shall be taken by filing a written notice of
appeal with the Township Clerk, which notice of appeal shall set forth
with particularity the action appealed from. The Township Committee
shall set a time for the hearing of the appeal and after hearing has
been held thereon, may reverse, modify or affirm the decision appealed
from.
