[Adopted 6-10-1992 by Ord. No. 5-13-92 (Ch. 199, Art. II, of the 1984 Code)]
There is hereby established this article in the Borough of Haledon providing for the care of trees on the streets and the established rights-of-way in the Borough of Haledon.
As used in this article, the following terms shall have the meanings indicated:
BOUNDARY LIMITS
The limits of the Borough of Haledon.
SHADE TREES
Any tree that sheds its leaves in the fall and regains new growth in the spring of any year or such other trees as may be designated by the Borough of Haledon.
STREET
Any road established in the Borough of Haledon by the Borough of Haledon, County of Passaic or State of New Jersey.
A. 
The Borough of Haledon shall have the exclusive right to control and regulate the planting, care, trimming and removal of all shade trees on any streets and established rights-of-way within the boundary limits of the Borough of Haledon.
B. 
All trees that are planted in the public rights-of-way will be subject to control by the Borough but will be the sole liability of the abutting property owner as to care, trimming, protection and removal if necessary.
C. 
Planting areas regulated by this article shall be:
(1) 
The ground space between the curb and the sidewalk.
(2) 
The space between the street and the property line if there are no curbs or sidewalks.
(3) 
The space between the curb and the property line if there is a curb but no sidewalk.
(4) 
Public playgrounds, parks and Borough-owned property.
No person shall remove, cut or otherwise disturb any tree on any street, established right-of-way or municipally owned property without first securing the approval of the Superintendent of Public Works.
A. 
It shall be the duty of any person or persons owning or occupying property bordering any street upon which there may be trees to prune such trees in a manner so as to provide that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct the vision of traffic signs or obstruct the view of any street or alley intersection.
B. 
Shrubs and hedges are to be pruned in such a manner that no obstruction occurs within 20 feet of the intersection of any street or alley.
C. 
Should any person or persons owning real property bordering on any street fail to prune trees as hereinabove provided, the Borough, by its designated person, may order such person or persons, in writing, to so prune such trees within three days after receipt of written notice.
D. 
The subject order shall be served by mailing a copy of the order to the last known address of the property by certified mail.
E. 
When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the Borough to prune such trees, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
No person shall intentionally damage, cut, carve, transplant or remove any tree; attach any rope, wire, nails, advertising posters or other contrivance to any tree; allow a gaseous, liquid or solid substance which is harmful to such trees to come into contact with them; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree unless directed by the Borough in accordance with § 380-11 above.
Any person, firm or corporation violating or failing to comply with any of the provisions of this article shall be guilty of a violation of this article and, upon conviction thereof, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 and costs of prosecution and/or be imprisoned in the county jail for not more than 30 days.
[Added 8-11-1999 by Ord. No. 7-14-99B]
A. 
Whenever any person shall remove a tree on a street, established right-of-way or municipally owned property:
(1) 
The stump of such tree shall be removed within 30 days after the removal of the remainder of the tree; and
(2) 
A replacement tree, of a size and type to be approved by the Superintendent of Public Works, shall be planted in place thereof unless otherwise directed by the Superintendent of Public Works.
B. 
Upon the failure to do either or both, in addition to the penalties herein provided, the Borough may undertake such work, and the costs thereof shall be certified to the Borough Council. If satisfactory to the Borough Council, the costs thereof shall be charged to the abutting property owner and a lien for such costs imposed upon the abutting property. Said amount shall bear interest at the same rate and shall be collected and enforced in the same manner as in the case of nonpayment of taxes.