§ 170-3. Application for permit; issuance., Chapter 170. Trees, Part II. General Legislation, Code of Ordinances, West Windsor

Any person, including the owner or operator of a commercial farm, desiring to remove, injure, girdle or destroy one or more trees defined in § 170-1 shall file an application therefor with the Manager, Division of Land Use (Manager), on a form to be provided for this purpose. The owner or operator of a commercial farm is not exempt from making such an application. The application shall identify the lot or tract of land upon which the tree or trees are located, shall disclose the name and address of the owner and/or tenant or duly authorized agent of the owner or shall show the actual location, species and diameter of the tree or trees sought to be destroyed, as well as the location of any existing buildings or proposed construction.

If the applicant is the owner or operator of a commercial farm, then the Manager shall refer the application, together with any previous applications for removal of trees from the tract of land, to the Mercer County Agriculture Development Board (Board) with the Manager's recommendations. If the Manager determines that the application is made to benefit a land developer, then the application shall be denied, subject to review by the Board.

The Manager shall refer all other applications, together with any previous application for removal of trees from the tract of land, to the Township Shade Tree Commission for consideration as detailed below.

Upon referral of an application from the Manager, Shade Tree Commission or its authorized representatives shall examine the premises referred to in the application and inspect the trees referred to therein and the physical condition of the lands and the vicinity thereof.

After completing the examination, the Shade Tree Commission or its representatives shall make a determination with respect to whether or not the permit should be granted in accordance with the standards provided for herein. If this determination is to grant the permit, it shall be endorsed upon the application and returned to the Manager, who shall either issue or deny the permit within one week thereafter. Issuance of permits shall not be approved for trees within Township land use board-created conservation areas set forth in § 170-2H unless such trees are dead or diseased and in the opinion of the Shade Tree Commission should be removed or unless the Township land use board that established such areas has agreed that the acts for which the filed application seeks approval may be undertaken by approving an amendment to the prior land use approval barring such acts. Issuance of permits shall not be approved for trees within such other conservation areas as are set forth in § 170-2H unless permits for tree removal, pruning, or trimming are permitted by the instrument creating such conservation areas. Issuance of permits shall not be approved for trees outside of the conservation areas set forth in § 170-2C unless one or more of the following conditions is found to exist:

[Amended 7-7-2008 by Ord. No. 2008-15]

(1)

The tree or trees in question are in areas to be occupied by buildings, driveways, recreation areas, streets or drainage or underground utility easements as determined from plat maps for site construction as approved by the Township Planning Board.

(2)

The tree or trees are located within 15 feet of any of the aforesaid structures or are within utility easements.

(3)

The area requires an approved cut or fill of land deemed injurious or dangerous to the trees in question and no alternative grading methods arc available.

(4)

Presence of the tree shall in any way constitute a danger to the property owner or the public.

(5)

Other adequate and special reason within the intent of this chapter.