[Ord. No. 13-07 § 1]
[1]
Editor's Note: See Chapter 2 Administration, Section 2-38 for the establishment and duties of the Shade Tree Commission.
[1969 Code § 67-4; Ord. No. 13-07 § 2]
It shall be unlawful for any person to do any of the following acts in any way so as to injure or destroy any shade tree in the Borough of Elmwood Park:
a. 
To remove, cut, break or injure any shade tree or part thereof unless approved by the Superintendent of the Department of Public Works.
b. 
To place any rope, wire, sign, poster or other fixture on a shade tree or tree guard unless approved by the Mayor and Council.
c. 
To damage, misuse or remove any device placed to protect any shade tree.
d. 
To permit any animal to injure or destroy any shade tree.
e. 
To pour any salt water or other chemical near or upon any shade tree, or to permit any fire, tar kettle, road roller or other engine to stand in such manner as to injure a shade tree.
[1969 Code § 67-4]
All trees shall be planted 10 feet from the curb and 30 to 35 feet apart, and not less than 15 feet from the corner of each street crossing.
[1969 Code § 67-4]
The minimum size of each tree shall be no less than two inches in caliper, measured 12 inches to 15 inches above root crown, and each tree shall be not less than eight feet to 10 feet in height.
[1969 Code § 67-4]
The following are the permitted varieties of trees to be planted:
a. 
Acer platanoides (Norway maple).
b. 
Acer rubrum (red maple).
c. 
Acer pennsylvanicum (striped maple).
d. 
Liquidambar styraciflus (sweet gum).
e. 
Nyssa sylvatica (sour gum).
f. 
Platanus orientals (oriental plane).
g. 
Quercus palustrose (pin oak).
h. 
Quercus rubra (red oak).
i. 
All species and varieties of linden except American.
[1969 Code § 67-4]
The following species may not be planted:
a. 
Conifers.
b. 
Nut trees.
c. 
Fruit trees.
d. 
Poplars.
e. 
Willows.
f. 
Flowering shrubs.
[1969 Code § 67-5; Ord. No. 13-07 § 3]
No person shall plant, set out, take down or remove any shade tree without first having obtained a written permit so to do, or without complying in all respects with the conditions set forth in such written permit.
[1969 Code § 67-6; Ord. No. 13-07 § 4]
Any person building any residence, dwelling, apartment or multiple family house within the Borough shall, at his own expense, plant shade trees along the streets or roads upon which the building fronts or abuts, and in accordance with rules and regulations to be promulgated by the Mayor and Council or in accordance with the requirements imposed by the Zoning Board or Planning Board, if applicable.
[1969 Code § 67-7]
Before delivery to any person of a construction permit for the erection or construction of a residence, dwelling, apartment or multiple family house, the Construction Official and/or his/her assistants shall affix to the building permit a copy of this chapter.
Former subsection 21-6.1, Interference Prohibited, previously codified herein and containing portions of 1969 Code § 67-8, was deleted in its entirety by Ordinance No. 13-07.
Former subsection 21-7.1, Removal by Shade Tree Commission, previously codified herein and containing portions of 1969 Code § 67-9, was deleted in its entirety by Ordinance No. 13-07.
[Ord. No. 86-13]
Trees growing beyond the boundary of the property line may be pruned back to the property line by the adjacent property owner.
[Ord. No. 99-4 §§ 1- 4; Ord. No. 13-07 § 7]
a. 
It shall be the duty and responsibility of the owner(s) or tenant(s) of private property that have a shade tree(s) within the Borough right-of-way abutting the private property to maintain the shade tree(s) at their costs and expense.
b. 
It shall also be the responsibility of the abutting owner(s) or tenant(s), to remove, at their own cost and expense, any dead, dying, or diseased shade tree(s).
c. 
Prior to the removal of the dead, dying, or diseased shade tree(s), the abutting property owners or tenant(s), shall present to the Superintendent of the Department of Public Works a certification from a certified arborist that the tree(s) is dead, dying or diseased. The Superintendent of the Department of Public Works shall then issue a permit without charge for the removal.
d. 
Anyone who shall violate the terms of this section shall, upon conviction in the Municipal Court, be subject to a fine not to exceed the sum of $100, plus costs, and in the discretion of the Municipal Court Judge, perform community service for a period not to exceed three days as shall be directed by the Superintendent of Public Works.
[1969 Code § 67-10; New]
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5. Each day that a violation continues to exist shall constitute a separate offense hereunder.
Former Section 21-11, Disposition of Fines and Penalties, previously codified herein and containing portions of 1969 Code § 67-11, was deleted in its entirety by Ordinance No. 13-07.