[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:
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.
Plant or remove any living tree or shrub, or climb with spikes any living tree or shrub.
Fasten any rope, wire, electric attachments, sign or other device to a tree or shrub or to any guard about such tree or shrub.
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.
Pile any building material or make any mortar or cement within six feet of a tree or shrub.
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]
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.
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.
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.
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.
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]
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.
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.
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.
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.
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.