[Adopted as Ch. XV of the 1971 Revised General
Ordinances]
As used in this article, the following terms
shall have the meanings indicated:
APPROVED PLAN
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.
COMMUNITY BUILDINGS
Schools, hospitals, churches, clubs, lodges, or any such
building used by any organized group or by the public generally.
PREFERRED TREE LIST
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.
TREE
Any woody perennial plant having a diameter greater than
four inches, measured at a point 4 1/2 feet above the ground.
WOODED AREA
Any area larger than one-half acre supporting sufficient
trees to cause 75% of the ground to be directly under canopies of
trees.
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.
C. Location of trees or wooded area.
D. Number of trees or percent of wooded area.
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.
L. Location of roads, driveways, parking lots, recreation
areas, garden areas.
[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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person violating any of the provisions of this article shall be subject to the penalty provisions in Chapter
1, Article
III, General Penalty, of the Code of the Township of Stillwater.