[Adopted 12-20-60 by Ord. No. 3319 as Article 2 of Chapter 28 of the Revised Ordinances of the City of Clifton, New Jersey, 1960]
No person shall do or cause to be done any of the following acts within or along any public street or park without the written permission of the Director of the Division of Public Works:
A. 
Cut, prune, break, injure or remove any healthy tree, shrub or plant.
B. 
Cut or unduly disturb or interfere with, in any way, any root of any healthy tree, shrub or plant.
C. 
Spray with chemical any tree, shrub or plant.
D. 
Fasten any rope, wire, sign or other device to any tree or shrub or to any guard around or protecting any tree or shrub.
E. 
Remove or damage any guard or device protecting any tree or shrub.
F. 
Close or obstruct any open space provided about the base of trees or shrubs, which open space permits the access of air, water or fertilizer to the roots thereof.
[Amended 1-15-2008 by Ord. No. 6713-08]
No shade or ornamental tree or shrub shall be planted in or along any public street or park until such tree or shrub shall have been first approved for planting and the place where it is to be planted designated by the Director of the Division of Public Works and a permit granted therefor. Application shall be made to the Director of Public Works, together with an application fee of $10 payable to the City of Clifton.
[Amended 11-4-70 by Ord. No. 4015-70]
Any work performed under such written permit shall be in accordance with the terms and conditions set forth in such permit and in accordance with the following regulations and specifications:
A. 
The following shade or ornamental trees are approved for planting in or along any public street or park, namely: pin oak, red oak, scarlet oak, London plane, sweet gum, moraine sugar maple, Norway maple, moline elm, sycamore, green spire linden, kwanson cherry and Pyrus calleryana (Bradford pear).
[Amended 9-4-2012 by Ord. No. 7049-12]
B. 
No shade or ornamental tree shall be planted unless nursery-grown and at least two inches in diameter at a height of 12 inches from the ground.
C. 
No shade or ornamental tree so planted shall have a crooked or bent trunk or more than one leader or main trunk.
D. 
All trees planted shall have at least two stakes for support.
E. 
No shade or ornamental tree whose lowest limbs or branches extend onto or over a public street shall have its lowest limbs or branches less than 12 feet above such street.
F. 
Any person engaged in the pruning of shade or ornamental trees in or along any public street or park shall apply the correct and required pruning techniques and methods in cutting, painting of wounds and sterilization of pruning tools and equipment.
A. 
It shall be unlawful for any person, except with the written permission of the Director of Public Works, to place or maintain, or cause to be placed or maintained, upon the ground in or along any public street or park any stone, concrete, cement or other substance which impedes the free access of air and water to any roots of a tree or shrub located in any such public street or park.
B. 
Unless otherwise provided for in said written permit, an open area shall always be maintained around any tree planted along a public street, which area shall consist of at least eight linear feet parallel to the curb, by at least three linear feet between the curb and sidewalks.
A. 
No person shall place or cause to be placed any salt, brine, oil or other substance injurious to plant growth in or upon any public street or park in such a manner as to injure any tree or shrub growing thereon.
B. 
No person shall build any fire or station any tar kettle, road roller or other engine or machine in or upon any public street or park in such a manner as to permit the heat, vapors or fumes emanating therefrom to injure any tree or shrub growing in or along such street or park.
C. 
Steam shovels and all other implements, machines and tools shall be used or operated in such a manner as not to damage or destroy any tree, shrub or plant in or along any public street or park.
In the erection, moving, alteration or repairing of any building or structure, the owner or contractor performing the work shall place guards around all trees in the vicinity of such work so as to effectively prevent damage or injury to the trees.
No person shall do any excavating within two feet of any tree or shrub standing or growing along or in any public street or park without the written permission of the Director of the Division of Public Works.
Every person having or maintaining any electric telephone, telegraph or other wires running over, along or through a public street or park shall:
A. 
Securely fasten and maintain the wires in such a manner as to safeguard the trees and shrubs against any damage therefrom.
B. 
Make periodic adjustments, when necessary, to prevent damage to trees and shrubbery growing in or along any public street or park.
No person shall attach or fasten any wire, insulator or other device for holding any wire to any tree or shrub in or along any public street or park without the written permission of the Director of the Division of Public Works.
A. 
When it shall become necessary to prune or remove any tree in or along any public street or park, any person having wires running through said public street shall temporarily remove the wires within 48 hours after service of a written notice from the Director of the Division of Public Works upon the owner of the wire or his agent.
B. 
Any utility company, instead of temporarily removing such wires, shall have the option of pruning or removing the tree to below the level of the wires. Such tree pruning or removal shall be done under the direction of the Director of the Division of Public Works or any competent agent or employee of the City assigned by the Director.
A. 
No tree or shrub in or along any public street or park shall be cut down unless it shall be diseased, dead or dangerous to public health or safety.
B. 
When any tree or shrub, other than one diseased, dead or dangerous to the public health or safety, imposes a hardship upon the adjoining property owner, but not the public, the Director of the Division of Public Works may approve the removal thereof, and the property owner shall be responsible for the replacement of the tree or shrub.
[Amended 2-4-1986 by Ord. No. 5051-86; 1-16-1996 by Ord. No. 5783-96]
C. 
A tree or shrub shall constitute a hardship to the adjoining property owner if:
[Added 12-1-1998 by Ord. No. 6015-98]
(1) 
It requires the adjoining property owner to have the sidewalk lifted or replaced more than once in a five-year period;
(2) 
It interferes with the sewer line for a second time within a five-year period; and
(3) 
The cost of the same to the property owner exceeds $500.
[Amended 2-4-1986 by Ord. No. 5051-86; 1-16-1996 by Ord. No. 5783-96; 10-6-1998 by Ord. No. 6001-98; 12-1-1998 by Ord. No. 6015-98; 6-19-2007 by Ord. No. 6669-07]
A. 
Any property owner with reason to believe that a tree or shrub growing in or along any public street is diseased, dead or dangerous to the public health or safety, or constitutes a hardship to the adjacent property owner, shall request the Department of Public Works to remove the tree, setting forth the reasons therefor. Upon receipt of such request from the property owner, the Department of Public Works shall conduct an inspection in order to confirm that such tree or shrub is in fact diseased, dead or dangerous to the public health or safety or constitutes a hardship to the adjacent property owner. Upon confirmation that such tree or shrub is diseased, dead or dangerous to the public health or safety, or constitutes a hardship to the adjacent property owner, the Director of Public Works shall cause such tree or shrub to be removed, and the property owner shall be responsible for the replacement of the tree or shrub.
B. 
Tree removal permit:
[Amended 1-2-2008 by Ord. No. 6711-08; 4-16-2008 by Ord. No. 6733-08]
(1) 
Any property owner cutting down any tree in excess of six inches in diameter on the property but not within the right-of-way shall request a permit from the Director of Public Works for the removal of said tree.
(2) 
The fee for a tree removal permit shall be $30.
[Amended 1-5-2009 by Ord. No. 6788-09]
(3) 
The Director of Public Works shall have the discretion to waive the fee for a tree removal permit where such permit is requested within five days of a storm for a downed tree relating to the storm.
C. 
The City of Clifton shall remove any tree in excess of six inches in diameter from curbside if the work is performed by the property owner. If the tree is cut down by a contractor, the contractor shall be responsible for the removal of the same. In order for the City of Clifton to be responsible for the removal, the City of Clifton shall be notified by the property owner on the day the work is being performed in order for the City of Clifton to verify the party doing the work.
[Amended 10-18-1988 by Ord. No. 5302-88; 10-16-2012 by Ord. No. 7057-12]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,250. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.