As used in this chapter, the following terms shall have the meanings
indicated:
TREE
Any woody perennial plant having a diameter greater than four inches
measured at a point 4 1/2 feet above the ground.
[Amended 9-25-1979]
Under this section, the following trees may be removed without penalty:
A. Any tree located on a tract of land 43,000 square feet
or less in size on which a single-family dwelling has been erected or upon
which a single dwelling is about to be erected for which an 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 managed by the Shade Tree Commission, Conservation
Commission or Public Park Commission.
D. Any live tree cut for firewood or lumber for personal
use by the owner or his tenant occupying the premises.
E. Any dead or diseased tree or any tree that endangers
life or property.
F. Trees cut according to approved plan.
(1) Trees cut according to a plan developed by the State
or Federal Forestry Department and/or by a professional forester who shall
be a graduate from a university accredited by the Society of American Foresters
and who shall hold a degree in forestry and/or forest management, designed
for weeding, thinning, planting or other tree culture or betterment of wooded
areas, provided that an application is filed with the Building Inspector and
is signed by the forestry specialist developing the plan. Said plan shall
set forth the following details:
(a) Number of trees per acre by diameter classes.
(b) Average diameter of trees in the existing stand.
(c) Age or ages of the trees in the stand.
(d) Percent stocking of the advanced reproduction.
(e) Number of trees to be harvested by diameter, class, species
and volume.
(f) Total acreage to be harvested.
(2) Prior to approval of said application, the applicant
shall be required to mark all trees to be removed so that an inspection may
be made prior to approval of the application. Additional information may be
required of the applicant by the enforcing officer if he deems it necessary
in considering the application.
G. Trees removed in the development of ponds or lakes when
supervised by the Soil Conservation Service and/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.
H. Trees removed for farmland or horticultural development,
provided that a letter is filed with the Building Inspector stating that the
land involved is suited for the aforementioned use and is signed by the Sussex
County Agricultural Agent.
The Building Inspector shall be the enforcing officer.