[Ord. No. 2009-21, § 2]
The Municipal Zoning Office shall prepare and designate an application completeness checklist. A condition precedent to application completeness is the submission of a landscaping plan and tree removal escrow. A certified landscape plan must be submitted with the development application or permit application. If either the landscape plan and/or the tree removal escrow have not been submitted, a "completeness" letter will not be issued.
[Ord. No. 2009-21, § 2]
A five hundred ($500.00) dollar escrow will be required to address the cost to review each landscape plan; this fee shall include two (2) site inspections by the Borough Planner.
[Ord. No. 2009-21, § 2]
A landscape escrow of seven hundred fifty and ($750.00) dollars will be required for all multi-family and commercial developments.
[Ord. No. 2009-21, § 2]
A five hundred ($500.00) dollar escrow will be required for all single- and two-family development applications not requiring Municipal Board approval.
[Ord. No. 2009-21, § 2]
The construction of any item noted on the landscaping plan shall be completed prior to the issuance of Certificate of Occupancy. If, due to inclement weather, the landscaping plan cannot be completed, a temporary Certificate of Occupancy may be granted; however, the escrow will only be released once the landscape plan has been accepted by the Borough and a Certificate of Occupancy has been issued.
[Ord. No. 2009-21, § 2]
If upon submission of proposed construction plans, the Zoning Officer determines that tree(s) within the Borough right-of-way must be removed in the construction process, then the applicant shall post an escrow of six hundred ($600.00) dollars per each proposed tree to be removed. The applicant shall be required to plant replacement tree(s) (caliper width 2.5 to 3 inches per tree) per the approved landscaping plan. The Borough shall not issue a permanent Certificate of Occupancy until the trees are replaced or in the alternative, the Borough shall retain the escrow and replace the trees per the landscaping plans. The cost of compliance shall be limited to six hundred ($600.00) dollars per tree.
[Ord. No. 2009-21, § 2]
All fees noted in this Article may be modified by Council resolution.
[Ord. No. 2016-09]
a. 
Purpose. The purpose of this subsection is to establish protective measures for trees in the Borough of Cliffside Park to (i) promote public health, safety, and welfare; (ii) to advance sustainability, to mean, the utilization of natural resources in such manner as to meet current needs without impinging upon the ability of future generations to do the same; and (iii) to advance creative design respectful of the natural environment.
b. 
Intent. The intent of this subsection is to encourage the protection of all trees within the Borough and, to the greatest extent practicable, specimen and non-specimen trees in conjunction with the development of review and approval, and construction processes.
c. 
Definitions.
As used herein, the following terms shall have the meanings indicated:
CLIFFSIDE PARK TREE TRUST FUND
Shall mean a monetary fund established for the purpose of receiving cash contributions as a result of the need for tree replacement. This fund shall be separately maintained by the Borough for the purpose of reestablishing and maintaining tree cover through the Borough or for other purposes, as determined by the Mayor and Council, not inconsistent with the purposes of this Article.
DISTURBANCE ZONE
Shall mean that portion of a lot covered by existing or proposed buildings, structures or improvements and within a certain distance around the same as noted below:
1. 
Building: 10 feet (averaged around all sides)
2. 
Driveway/sidewalk: 5 feet
3. 
Underground utility: 5 feet
4. 
Paved parking/drive aisle: 5 feet
LANDMARK TREE
Shall mean any tree with a diameter of 30 inches or greater.
NON-SPECIMEN TREE
Shall mean any tree with a diameter less than 16 inches but at least six inches.
SPECIMEN TREE
Shall mean any tree with a diameter of at least 16 inches but less than 30 inches.
d. 
Applicability.
1. 
The provisions of this subsection are applicable to development proposals necessitating the submission of minor site plans, major and minor site plans and subdivisions.
2. 
Plans submitted for the type of development approvals in the subsection above are to include a landscape plan, prepared by a State of New Jersey licensed professional engineer or landscape architects, which depicts:
(a) 
Locations and species of all trees of six inches or more in caliper;
(b) 
Trees to be retained and trees proposed for removal; and
(c) 
A planting schedule identifying all proposed replacement trees by common name, botanical name, and size at time of planting, and typical planting notes and details.
3. 
Exceptions. The following are exempt from the provisions of this subsection:
(a) 
Trees, as determined by the Borough, constituting an immediate threat to the public health, safety, and welfare;
(b) 
Trees, which are no longer viable (dead); and
(c) 
Removal/pruning of trees by utility companies.
e. 
Landmark and Specimen Tree Protection.
1. 
For the protection of existing trees, the below standards are applicable:
(a) 
All landmark trees are to be preserved, except where the circumstances cited at §18-13.8d3 above are applicable or, in the alternative, where it can be demonstrated to the satisfaction of the land use board having jurisdiction, that physical conditions affect the parcel to such extent that the site cannot be developed without removal.
(b) 
All trees having a caliper of six inches or greater and all specimen trees are to be retained, except within the area of disturbance.
f. 
Existing Tree Protection.
1. 
Due care is to be exercised to protect trees to be retained from damage during construction. The following procedures are to be observed in order to protect retained trees:
(a) 
Trees to be retained within 25 feet of a building and all other improvements should be protected from equipment damage by enclosing the driplines of the trees with sections of snow fence or boards, wired together. All exposed roots and low-hanging branches should be equally protected. Groups of trees may be protected by fencing the driplines of the entire tree mass to be retained.
(b) 
Trees are not to be used for roping, cables, signs or fencing nor should nails and spikes be driven into trees.
(c) 
The area around the base of existing trees should be left open to provide access for water and nutrients.
(d) 
Trenches should bypass the root area.
(e) 
Trenches should be no closer to tree trunks than half the distance from the drip line.
g. 
Compensatory Tree Replacement.
1. 
Where in the judgment of the land use board having jurisdiction, it is necessary to remove a specimen tree to allow for the development of a site, the applicant shall replant one inch of new tree diameter for every four inches of existing tree diameter removed. In any event, no less than two trees shall be planted in respect of the foregoing. New replacement trees are to have a minimum diameter of two and one-half as measured six inches above the ground and are to be replanted in accordance with the American Standard for Nursery Stock (ANSI Z60.1), promulgated by the American Landscape and Nursery Association; and
2. 
Where in the judgment of the land use board having jurisdiction, the removal of a landmark tree is necessary, the applicant shall replace one inch of new tree diameter for every one inch of removed landmark tree diameter. Replacement trees are to have a minimum diameter of eight inches measured six inches above the ground and be replanted in accordance with the American Standard for Nursery Stock (ANSI Z60.1), promulgated by the American Landscape and Nursery Association.
3. 
Replacement trees are to be of the same species as the trees being removed or, in the alternative, may be another species native to the Borough. In the selection of replacement trees, the below characteristics should be considered:
(a) 
Species longevity;
(b) 
Hardiness;
(c) 
Resistance to insect and disease attack and to pollution;
(d) 
Aesthetic values (autumn coloration, type of flowers or fruit, form characteristics);
(e) 
Low maintenance and care;
(f) 
High wildlife values;
(g) 
Size at maturity;
(h) 
Effect of soil retention and erosion control; and
(i) 
Value as a noise buffer.
4. 
In addition to the planting of replacement trees, the applicant shall make a cash contribution to the Borough of Cliffside Park Tree Trust Fund. Cash contributions will be in the amount as determined by the engineer of the land use board having jurisdiction based on current bonding costs or as outlined in the subsection. In an event, the contribution shall not be less than five hundred ($500.00) dollars and no greater than five thousand ($5,000.00) dollars. If the amount is deemed greater than the five thousand ($5,000.00) dollars, the Borough Attorney shall petition the Council who may adjust the required sum by resolution.
5. 
If any provision of Article XIII Subsection 18-13.8 et seq. is in conflict with any other Borough ordinance or regulation, it shall be conclusively presumed that Article XIII Subsection 18-13.8 shall control.
h. 
Penalties.
1. 
If the offending party is found guilty of violating this subsection, the penalties shall be as follows:
(a) 
First offense: $500.00
(b) 
Second offense: $750.00
(c) 
Third offense: $1,000.00
(d) 
Fourth or more offenses: $1,000.00, per offense and 120 days of community service.
(e) 
If the offender is found guilty of four or more offenses the penalties shall be as noted herein plus one day in jail per each tree illegally removed.
(f) 
The removal of each tree shall be deemed a separate offense.