[HISTORY: Adopted by the Mayor and Council
of the Town of Clinton 12-14-1971 as Section 6-9 of Ch. VI of the
Revised General Ordinances, 1971. Amendments noted where applicable.]
No person shall do or cause to be done any of
the following acts affecting the trees, plants, shrubbery or other
ornamental flora planted or growing naturally within the highways
or public places under the jurisdiction of the town, except with a
written permit first obtained from the Shade Tree Commission:
A.
Cut, trim, break, disturb the roots of or spray with
chemicals any living tree or shrub; or injure, misuse or remove any
structure or device placed to support or protect any tree or shrub.
B.
Plant or remove any living tree or shrub, or climb
with spikes any living tree or shrub.
C.
Fasten any rope, wire, electric attachments, sign
or other device to a tree or shrub or to any guard about such tree
or shrub.
D.
Close or obstruct any open space provided about the
base of a tree or shrub to permit the access of air, water or fertilizer
to the roots thereof.
E.
Pile any building material or make any mortar or cement
within six feet of a tree or shrub.
F.
Change the grade of the soil within the limits of
the lateral spread of the branches of any such tree.
Every person having control over any wire for
the transmission of an electric current along a public highway shall
at all times guard all trees through which or near which such wire
passes against any injury from the wire or cable or from the electric
current carried by it. The device or means used shall in every case
be subject to approval by the Department of Public Works.
No person shall place any guy wire, brace or
other device on any tree in such a manner as to injure it.
No person shall hitch or fasten an animal to
any tree or shrub upon a public highway or to any guard or support
provided for the same, or permit an animal to bite or otherwise injure
any tree or shrub.
No person shall permit any brine, gas or injurious
chemical or liquid to come in contact with the stump or roots of any
tree or shrub upon a public highway.
No person shall prevent, delay or interfere
with any lawful work undertaken by the Department of Public Works
or its authorized agent.
[Amended 8-11-1998 by Ord. No.
98-6; 12-12-1995 by Ord. No. 95-16; 4-9-2019 by Ord. No. 19-02]
A.
All trees and shrubs along any public highway, public sidewalk, public
right-of-way, public structure or any easement dedicated to the Town
of Clinton for sight visibility or other public purposes shall be
maintained by the owner of the property on which the trees or shrubs
are located; provided, however, that the Town may cause such trees
and shrubs to be trimmed or removed as part of any ongoing program
of tree and shrub maintenance in any area of the Town where such program
is being conducted for the health, safety, economy or general welfare
of the Town.
B.
Removal required; notice. If any tree or shrub or
part thereof along any public highway, public sidewalk, public right-of-way,
public structure or any easement dedicated to the Town of Clinton
for sight visibility or other public purposes becomes dangerous to
the public safety or interferes with the public right-of-way, the
owner of the property in front of which such tree or shrub is located
shall remove it or the required part thereof forthwith upon service
of written directive to that effect from the Public Works/Business
Administrator or designee. The notice shall be sufficient if served
in the same manner as a summons may be served in accordance with the
New Jersey Rules of Court.
C.
Standard established. The owner or tenant of any lands
lying within the town shall keep all brush, hedges and other plant
life growing within 10 feet of any roadway and within 25 feet of the
intersection of two roadways cut to a height of not more than 2 1/2
feet. This shall not require the cutting down of any trees where there
is vision through the trees at a height of between 2 1/2 feet
and eight feet from the ground.
D.
Removal by Town. If the owner fails to remove the
tree or shrub or portion thereof within two weeks after service of
written notice to do so, the work shall be performed by the town under
the supervision of the Public Works/Business Administrator, who shall
certify the cost thereof to the Council.
E.
Costs charged against land; lien established. Upon
receipt of the certified costs, the Council shall examine same and,
if found to be correct, shall cause the costs to be charged against
the lands, or if the Council deems the costs to be excessive, shall
cause the reasonable cost thereof to be charged against the lands.
The amount so charged shall forthwith become a lien upon the lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon the lands, the same to bear interest at
the same rate as other taxes and be connected and enforced by the
same officer and in the same manner as taxes.
[Added 8-11-1998 by Ord. No. 98-6]
A.
No person shall plant any tree or shrub in the public
right-of-way adjacent to a public sidewalk without first securing
a permit to do so from the Shade Tree Commission.
B.
A person seeking to plant a tree or shrub in the public
right-of-way adjacent to a public sidewalk shall obtain an application
to do so from the Public Works/Business Administrator. The application
shall contain such information as required by the Shade Tree Commission,
such as type of tree or bush to be planted, location, method of planting
and any other relevant information requested.
C.
Upon the submission of a completed application, the
Public Works/Business Administrator shall submit the application to
the Shade Tree Commission which shall consider it at its next regularly
scheduled meeting. The Shade Tree Commission may grant, grant subject
to conditions or deny the application. The Shade Tree Commission may
also make suggestions as to alternative types of trees or shrubs which
may be less likely to cause harm to the public sidewalk or other public
structures or areas.
D.
Any person granted a permit to plant trees and shrubs
in the public right-of-way will be responsible to maintain each such
tree or shrub, to prune each such tree or shrub so that it does not
interfere with the public use of the right-of-way and to remove, at
the permittee's expense, any tree or shrub which interferes with the
public right-of-way or causes damage to a public sidewalk, public
street or other public structure or area.
E.
From time to time the Shade Tree Commission may establish
such rules and guidelines as it sees fit with respect to the type
of tree or shrub permitted to be planted in the public right-of-way
adjacent to the public sidewalk, the method of planting, the care
and maintenance of such trees or shrubs and such other areas relevant
thereto.
