[Adopted as § 3-6 of the 1971 Revised
General Ordinances]
[Amended 7-1-1980 by Ord. No. 80-13]
A. No owner of property in the Township of Stillwater
shall cut or permit the cutting of trees for pulpwood, sawlogs or
other commercial wood products on sites of three acres or more, except
those which have been planted for sale as without first obtaining
a permit therefor from the Building Subcode Official, upon authorization
by the Township Committee in accordance with the provisions of this
article.
When the cutting as referred to in §
382-1 is incidental to landscaping, preparing a site for building construction or the construction of a pond or ponds, or to the clearing of land for agricultural purposes, including reforestation or planting, weeding or thinning of trees in accordance with a plan prepared under supervision of the State Forester or other graduate forester active in the field of forest land and management, a permit for the cutting of trees shall not be required.
The Township Committee shall not consider granting a permit for the cutting, as referred to in §
382-1 hereof, until the owner of the premises files a written application for such permit, in septuplicate, which shall include the following information and be accompanied by the permit fee herein specified:
A. The name and address of the owner.
[Amended 7-1-1980 by Ord. No. 80-13]
B. Proof of ownership of the subject premises.
C. Proof of the payment of current taxes on the premises.
D. A detailed cutting plan prepared under the supervision
of the State Forester or other graduate forester and certification
that all trees to be cut have been properly marked. If the cutting
plan is prepared by a forester who is not employed by the State of
New Jersey, then a state-employed forester shall certify that he has
reviewed and approved the plan.
E. The detailed cutting plan shall show, among other
things, the area to be logged, existing timber, species and sizes,
number of trees to be cut or removed and conservation measures to
be followed.
F. The block and lot numbers of the premises, as shown
on the Township Tax Map, upon which the cutting is to take place.
G. The name and credentials of the forester who prepared
the detailed cutting plan, which plan shall be filed with the Construction
Official at the time of the permit application.
H. Signature of the owner.
[Amended 7-1-1980 by Ord. No. 80-13]
I. The applicant shall pay a permit fee of $10 to cover
the cost of processing the application and the further sum of $50
to cover the cost of inspections by the enforcing official. Should
more than five inspections be necessary, the permittee shall pay an
additional fee of $10 for each such additional inspection.
J. An undertaking by the owner or owners of the property
that all logging operations shall be performed in accordance with
all requirements and provisions of this article and guaranteeing reimbursement
to the Township for moneys expended to repair damage done to any public
road, highway, place or property and/or for any and all costs and
expenses, including legal expense, incurred by the Township arising
out of the violation of any provisions of this article, including
prosecutions thereunder against the said owner or owners or his or
their agents, servants or employees, which undertaking shall be in
form for recording in the Sussex County Clerk's office and shall be
secured as a lien against the applicant's property.
[Added 7-1-1980 by Ord. No. 80-13]
Permits issued pursuant to this article shall
not be transferable.
[Added 7-1-1980 by Ord. No. 80-13]
Upon satisfactory completion of the logging operation for which a permit is issued and certification by the Building Subcode Official to the Township Committee that all applicable rules, regulations and requirements of this article have been satisfactorily complied with, the Township Committee shall authorize the Mayor and Clerk to execute a proper cancellation of the undertaking submitted by the owner pursuant to §
382-3J.
The terms and provisions of this article shall
be enforced by the Township Zoning Officer or such other official
as may be designated from time to time by the Township Committee.
[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.
Any person violating any of the provisions of
this article shall be subject to a fine not exceeding $500 or imprisonment
for not to exceed 90 days or both, upon conviction, in the discretion
of the judicial officer before whom such matter is heard.