[HISTORY: Adopted by the City Council of
the City of Pottsville 10-14-1986 as Ord. No. 364. Amendments noted
where applicable.]
A.Â
For the purpose of this chapter, all words used in
the present tense include future tense and all words in the future
tense include present tense. All words in the plural number include
the singular number and all words in the singular number include the
plural number unless the natural construction of the sentence dictates
otherwise. The word "shall" is mandatory and not directory. The word
"located" includes "designed, intended or arranged to be located."
B.Â
CARTWAY
CITY
CITY TREASURER
COMMISSION
COMMISSIONER
COUNCIL
CURBLINES
PEDESTRIANWAY
PERMIT, SHADE TREE
PERMIT, SIDEWALK
PERSON
PROPERTY LINE
PUBLIC AREA
PUBLIC RIGHT-OF-WAY
SHADE TREE
STREET LINE
As used in this chapter, certain terms are defined
as follows:
That portion of the right-of-way located between the curblines.
The City of Pottsville.
The City Treasurer of the City of Pottsville.
The Shade Tree Commission of the City of Pottsville.
A member of the Shade Tree Commission.
The governing body of the City of Pottsville.
The lines in the right-of-way, constructed or proposed, which
separate the portion of the right-of-way dedicated to vehicular traffic
from that portion dedicated to pedestrian traffic. The official City
Map on file in the office of the City Engineer shall be the final
authority on the location of curblines should a dispute arise.
That portion of the public right-of-way which exists between
the curbline and the property line.
A certificate issued by the Council or its designee for the
planting, transplanting, cutting, trimming or removal of any tree
governed by the provision of this chapter, or for the fastening on
any sign, wire, rope or other materials to, around or through any
tree or portion thereof, or for the deposition, placement, storage
or maintenance of any stone, brick, sand, concrete or other material
which might impede the free passage of water, air or fertilizer to
the roots of any tree governed by the provisions of this chapter.
In this chapter, when the word "permit" appears alone, the word shall
be construed to mean "shade tree permit."
A certificate issued by the Council or its designee for the
construction, reconstruction, modification or removal of any sidewalk
governed by the provisions of this chapter. The Council may, at its
option, allow a sidewalk modification under the shade tree permit,
insofar as such sidewalk modification is necessary for the planting,
transplanting, removal or protection of any tree governed by the provisions
of this chapter.
Any individual, firm, association, company or corporation,
public or private.
Any of the lines forming the front, rear and sides of lots
as described in the recorded title.
Any public right-of-way, park or other publicly owned property.
The total width of any land reserved or dedicated to the
public use, including any street, but not including alleys or utility
easements. Streets may be commonly known as "boulevards," "highways,"
"places," "terraces," "avenues" or similar terms. The official topographic
survey map of Pottsville, Pennsylvania, on file in the office of the
City Engineer, shall be the final authoritative document should the
existence of any street, dedicated or not, be disputed.
Any tree located in any public area, herein defined, or which
at maturity would protrude into a public area or any tree located
on any property of special interest to the city by right of zoning
or any other ordinance.
That line determining the limit of vehicular right, either
existing or contemplated, in a public right-of-way. Specifically,
the "street line" is that line separating the cartway from the pedestrianway.
The "street line" may also be referred to as the "curbline."
This chapter is enacted pursuant to the provisions
of the Third Class City Code of the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 53 P.S. § 35101
et seq.
All standards set forth in this chapter are
to be interpreted as minimum standards required. Nothing herein contained
shall be construed to prohibit or prevent the use of higher standards.
The purposes of this chapter are as follows,
and they shall be liberally construed to promote and advance the general
welfare of the city:
A.Â
To guide and regulate the orderly growth and development
of vegetation on or near public area in accordance with long-term
objectives, principles and standards deemed beneficial to the interest
and welfare of the people of the city.
B.Â
To protect the character and the social and economic
value of both private and public property.
C.Â
To preserve and enhance the visual character and natural
beauty of the city.
D.Â
To restore, insofar as is possible, a healthy natural
environment, including but not limited to photosynthesis, underground
water stability, surface runoff stability, the reduction of noise,
the filtration of pollutants and the propagation of animal life.
E.Â
To restore, insofar as is possible, the original natural
beauty of Pottsville's tree-lined streets.
The provisions of this chapter shall be administered
and enforced by the Shade Tree Commission and/or officers of the city
who shall be appointed by the Mayor subject to the approval of the
Council. It shall be the duty of the Shade Tree Commission or such
officers to cause any premises to be inspected or examined and to
order, in writing, the remedying of any conditions found to exist
in violation of any provisions of this chapter and to issue permits
in accordance with this chapter.
A.Â
The Shade Tree Commission or any of its members or
officers appointed by the Mayor charged with the enforcement of this
chapter while acting for the city shall not thereby render himself
personally liable, and he is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of his duties. Any
suit instituted against any officer or employee because of an act
performed by him in lawful discharge of his duties shall be defended
by the legal representative of the city.
B.Â
In no case shall the Shade Tree Commission or its
officers be liable for costs in any action or suit proceeding that
may be instituted in pursuance of the provisions of this chapter when
it or they or their subordinates perform their duties in good faith
and without malice.
In no case shall a shade tree permit be issued
for planting, transplanting, cutting, trimming or removing any tree
or for the fastening of any sign, wire, rope or other materials to,
around or through any shade tree where such activity would be in violation
of any provision of this chapter.
A.Â
When a permit is required.
(1)Â
No person shall plant, transplant, cut, trim or remove
any shade tree, nor shall they cause to be planted, transplanted,
cut, trimmed or removed any shade tree without first obtaining a permit
to do so, nor shall any person fasten or cause to be fastened any
sign, wire, rope or other materials to, around or through any shade
tree without obtaining a permit to do so.
(2)Â
No person shall break, mutilate, injure, kill or in
any other way harm any shade tree, nor move any building or other
object on or over any public street or right-of-way in such a manner
as to damage or injure any shade tree without first obtaining a permit
to do so.
(3)Â
No person shall deposit, place, store or maintain
any stone, brick, sand, concrete or other material which may impede
the free passage of water, air or fertilizer to the roots of any shade
tree without first obtaining a permit to do so.
B.Â
Conditions attached to permits.
(1)Â
As a condition to any permit to remove any shade tree,
the city may require that the applicant plant, at his own expense,
another tree in place of the one removed. The Shade Tree Commission
in such case shall direct the type, size and location of the tree
to be planted and the time within which the work shall be done.
(2)Â
As a condition to any permit to move any building
or object over or on any right-of-way or public street, the city may
require the applicant to furnish bond in an amount sufficient to cover
any damages or injury to any shade tree caused by the applicant or
his agent(s) and it may direct the route of any such moving so as
to minimize damage or injury to shade trees.
C.Â
Who shall apply. The application for a shade tree
permit shall be made by the owner or lessee, or the agent of either,
of the real estate on which such tree is located, or if such tree
is located on a public right-of-way, the application shall be made
by the owner or lessee, or the agent of either, of the real estate
nearest the tree. This provision may be waived by the Commission when
the work is done at the direction of and carried out by a city agency
in behalf of the Commission.
D.Â
Revocation of permit. The Shade Tree Commission or
its officer may revoke a permit or approval issued under the provisions
of this chapter in case of any false statement or misrepresentation
of fact in the application or on the plans on which the permit or
approval is based.
E.Â
Nullification of permit. Any permit issued in conflict
with the provisions of this chapter shall be null and void and may
not be construed as waiving any provision of this chapter.
F.Â
Form of permit application. The permit application
shall be on a form prepared by the Commission.
G.Â
The fee for the shade tree permit, if any is deemed
necessary, shall be set by resolution of the Council.
A.Â
It shall be the duty of the Shade Tree Commission
or its officer to keep a record of all applications for shade tree
permits and a record of all permits issued. Copies of all plans submitted
shall be filed with the Commission, and these shall form part of the
records of the Commission.
B.Â
The Shade Tree Commission shall annually report in
full to the Council, at the Council's first stated meeting in October,
its transactions and expenses for the last fiscal year of the city
and shall at that time present its annual report of all shade tree
permits issued and all complaints of violation and the action taken
by it or them consequent thereon.
C.Â
If the Commission deems it necessary or at the request
of the Council, reports of permits issued and/or actions taken on
violations may be submitted to the Council at more frequent intervals.
A.Â
Membership. The Shade Tree Commission is hereby created.
Unless otherwise specified, the word "Commission," when used in this
chapter, shall be construed to mean the Shade Tree Commission of the
City of Pottsville. The Commission shall be composed of seven (7)
residents of the city appointed by resolution of the Council upon
the recommendation of the Mayor. One (1) Commissioner shall serve
for a term of three (3) years, one (1) for a term of four (4) years
and one (1) for a term of five (5) years on a Commission of only three
(3) residents. If the Commission consists of more than three (3) members,
the time sequence provided for a three-member Commission shall be
repeated. On the expiration of the term of any Commissioner, a successor
shall be appointed to serve for a term of five (5) years. The Commission
shall notify the Council promptly of any vacancies which occur. Appointments
to fill vacancies shall be only for the unexpired portion of that
term.[1]
B.Â
Organization.
(1)Â
The Commission shall elect from its own membership
a Chairman, Vice Chairman and Secretary who shall serve annual terms
and who may succeed themselves.
(2)Â
For the conduct of any meeting and the taking of any
action, a quorum shall be not less than a majority of the Commission
as a whole. The Commission shall keep full public records of its business
and shall submit a report of its activities to the Council at least
once a year.
C.Â
Removal of members. Any Commissioner may be removed
for malfeasance or nonfeasance in office or for other just cause by
a majority vote of the Council taken after a member has received fifteen
(15) days' advance notice of the intent to take such a vote.
D.Â
Expenditures for services. Within the limits of funds
appropriated by the Council, the Commission may employ or contract
for secretaries, clerks, legal counsel, consultants and other technical
assistance. Members shall serve without compensation except that the
Council may reimburse Commission members for expenses incurred in
the performance of their duties.
E.Â
Notification that work is to be performed. Whenever
the Commission proposes to plant, transplant or remove shade trees,
notice of the time and place of the meeting at which such work is
to be considered shall be given at least once each week for two (2)
weeks immediately preceding the time of the meeting in a newspaper
of general circulation. Such notice shall specify in detail the street(s)
or other public area(s) or portions thereof upon which trees are proposed
to be so planted, transplanted or removed. Any property owners directly
affected by such planting, transplanting or removal shall be notified
by mail of such meeting at least one (1) week prior to the meeting.
The Council shall consider the advice of the
Shade Tree Commission on all matters concerning the application of
this chapter; thirty (30) days' time shall be allowed for the Commission
to report to the Council. The Commission shall carry out any duties
and responsibilities conferred upon it by the Council including those
herein conferred.
It shall be the duty of the owner of property abutting the right-of-way of any street or public right-of-way or other public place to maintain and care for all trees and shrubs abutting such right-of-way. The Shade Tree Commission or its officer shall have the power to require any such property owner to perform such maintenance on any tree or shrub on the right-of-way abutting such owner's property as may be necessary. The Shade Tree Commission or its officer shall further have the power to require any property owner to trim, remove or protect any tree or shrub on such owner's property as may project beyond the property line onto or over the right-of-way abutting the property. The Shade Tree Commission or its officer shall cause a notice requiring such work to be performed to be served upon the property owner in accordance with § 183-17 of this chapter, and such work shall be done within the reasonable time specified in this notice. Nothing in this chapter shall be construed as requiring the owner of property to trim any trees or shrubs when such trimming is required because of city utility lines or traffic control devices or signs, and it shall be the duty of the city to do any trimming required for such utilities or traffic control devices or signs.
Should any shade tree die or in any other manner present a hazard to the public, it shall be declared a public nuisance by the Shade Tree Commission, and the elimination of the hazard or the tree shall be effected pursuant to § 183-17. Notification to the Commission that a hazardous condition exists shall be the responsibility of the property owner except that if the hazardous condition exists on a public right-of-way such notification shall be the responsibility of the owner of the property nearest the hazardous condition. Failure to notify the Commission, in writing, shall subject the person charged with the responsibility to notify the Commission to liability for any damages attributable to such hazard.
Upon the discovery of any destructive or communicable disease which endangers the well-being of the shade trees of the community (such as Dutch Elm disease), the Shade Tree Commission shall cause written notice to be served upon the property owner or the owner of property abutting the right-of-way where such tree is located which shall require the property owner to remove the tree or control the condition within a reasonable time specified in the notice, pursuant to § 183-17.
A.Â
The cost of furnishing, planting, transplanting or
removing any shade tree(s) or the necessary suitable guards, curbings
or grading for the protection thereof and the replacing of any pavement
or sidewalk necessarily disturbed in the execution of such work shall
be paid by the owner of the property on which such tree(s) are located
or, if located in a public right-of-way, by the owner of property
nearest such tree(s), except that part of the cost may be certified
by the Shade Tree Commission to the Council and to the City Treasurer
as a charge to be paid by the city. The amount each property owner
is to pay shall be determined by the Commission and certified to the
Council and to the City Treasurer.
B.Â
Upon the filing of such certificate with the Council,
the City Clerk shall cause thirty (30) days' written notice to be
given by certified mail to the persons against whose property assessment
has been made. The notice shall state the amount of the assessment
and the time and place of payment and shall be accompanied by a copy
of the certificate.
C.Â
The amount assessed against the real estate shall
be a lien from the time of the filing of the certificate with the
Council, and if not paid within the time stipulated, a claim may be
filed and collected in the same manner as municipal claims are filed
and collected.
Should any shade tree be damaged by any person,
the city may charge the person causing such damage for repairs to
the tree and/or its devaluation. Should any shade tree be destroyed
by any person, the city may charge the person causing such destruction
for the appraised value of the tree plus the cost of its removal and
replacement. Should any shade tree be damaged or felled by a storm
or other natural occurrence, such trees shall be repaired or removed,
including stump, by the owner of property on which the tree stands
or stood or, if located on a public right-of-way, by the owner of
the property nearest the point at which the tree stands or stood.
Replacement of such tree shall be made at the discretion of the Shade
Tree Commission and at the expense of the owner of the property on
which the tree is located or, if located on a public right-of-way,
at the expense of the owner of the property nearest such tree, except
that part of such cost may be certified by the Commission to the Council
and to the City Treasurer as a charge to be paid by the city.
The city shall trim branches from any shade
tree overhanging a public right-of-way so that such tree shall not
obstruct light from any street light or traffic light, signal or sign
and so that it will not obstruct the free passage of pedestrian or
vehicular traffic over the roadway. It shall be the responsibility
of the property owner nearest the shade tree to ensure that the tree
does not obstruct the free passage on the pedestrianway.
Any shade tree that, in the opinion of the Shade
Tree Commission, endangers the life, health, safety or property of
the public or which is afflicted with any contagious disease or insect
infestation shall be declared a public nuisance by the Commission,
except that when such shade tree presents a clear and present danger
to the life, health or safety or property of the public, such declaration
may be made by the Council, the Chief Building Inspector or the Parks
Administrator. The owner of the property on which such tree is located
or, if located on a public right-of-way, the owner of property nearest
the tree shall be notified, in writing, of the existence of a nuisance
and be given reasonable time to effect abatement of such nuisance
or removal of such tree at his own expense. If the owner does not
cause the nuisance to be corrected or removed within the time specified,
the city shall cause the nuisance to be corrected or removed and the
cost thereof shall be assessed to the owner as provided by law.
A.Â
The Shade Tree Commission shall plant or permit to
be planted only those tree species on the approved list on file with
the Commission. No tree shall be planted less than twenty-five (25)
feet from a curb intersection of any street or less than fifteen (15)
feet from any fire hydrant. No tree shall be planted less than five
(5) feet from any sewer, water, gas, electric or other line or conduit,
except as permitted by the city.
B.Â
The center of all newly planted trees shall not be
less than twenty-four (24) inches from the curbline. An area, open
or with tiles, bricks or other materials which allows sufficient passage
of air, water and fertilizer, shall be provided around the base of
each shade tree; this area shall be not less than fifteen (15) square
feet. The Commission may, whenever it seems necessary, waive the provisions
of this section.
The Council may, from time to time after public
notice and hearing, amend, change or supplement the regulations herein
established. Notice shall be published in a newspaper of general circulation
within the city at least fourteen (14) calender days in advance of
any public hearing. Such notice shall state the time and place of
the hearing and shall contain either the full text of the amendment
or supplement or a brief summary thereof and reference to a place
within the city where copies of the proposed amendment or supplement
may be examined.
A.Â
The Shade Tree Commission or its officer shall reserve
a notice of violation on the person in violation of this chapter or
of a plan approved thereunder or in violation of a permit or certificate
issued under the provisions of this chapter. Such notice shall direct
the abatement of such violation.
B.Â
If the violation is not abated within the time specified
in the notice of violation, the Commission or its officer may request
the City Solicitor to institute the appropriate proceeding at law
or in equity to restrain, correct or abate such violation.
Should any provision set forth in this chapter
be found to conflict with any law of the United States or of the Constitution
or of the Commonwealth of Pennsylvania, such federal and state laws
shall govern and this chapter shall be construed accordingly.
A.Â
Violation penalties. Whoever violates the provisions
of this chapter or who shall fail to comply with any of the requirements
thereof or who shall conduct activities in violation of a permit issued
under the provisions of this chapter or who shall, without having
applied for and received an approved permit, conduct activities for
which a permit is required under the terms of this chapter or who
shall willfully, maliciously or negligently destroy or injure a shade
tree shall be punishable by a fine not exceeding $600, plus costs
of prosecution for each offense, and, upon default of payment thereof,
may undergo imprisonment for a period not to exceed ninety (90) days.
Each day that a violation continues shall be deemed a separate offense.
[Amended 12-12-1994 by Ord. No. 526]
B.Â
Disposition of penalties or assessments. All penalties
or assessments imposed under this chapter shall be paid to the City
Treasurer, to be placed to the credit of the Shade Tree Commission,
subject to be drawn to be upon by Commission for the purposes authorized
in this chapter.
A.Â
Any person aggrieved by any decision of the Commission
may appeal the Commission's decision to the City Council within thirty
(30) days from the date of the Commission decision.
B.Â
The scope of review by the Council shall be de novo.
The Council shall render its decision on appeal within sixty (60)
days from the date the appeal is filed.
[Added 9-12-2005 by Ord. No. 723]
A.Â
Intent. This section is primarily intended to reduce
the thermal pollution of surface waters from parking lot runoff.
B.Â
Any lot that would include more than five parking
spaces shall be required to provide landscaped areas within the paved
area.
C.Â
In paved parking areas less than 1,000 square feet,
a minimum of one deciduous tree shall be required. For paved areas
greater than 1,000 square feet, one deciduous tree shall be required
for every five parking spaces. This number of trees shall be in addition
to any trees required by any other section of this Zoning Ordinance
or by the Subdivision and Land Development Ordinance.[1]
D.Â
E.Â
Surface parking lot. Except as provided below, all
surfacing on which a vehicle can drive is subject to shade calculation,
including all parking stalls, all drives within the property, regardless
of length and including drive-through lanes, and all maneuvering area,
regardless of depth. The following surfaced areas are exempt from
this shade requirement:
(1)Â
Truck loading area in front of overhead doors;
(2)Â
Truck maneuvering and parking areas unconnected to
and exclusive of any vehicle parking;
(3)Â
Surfaced areas not to be used for vehicle parking,
driving or maneuvering, provided they are made inaccessible to vehicles
by a barrier such as bollards or fencing;
(4)Â
Automotive dealerships, display/sales/service/vehicle
storage areas (required parking for auto dealerships is still subject
to shading); and
(6)Â
Owners of properties who wish to be excused from the above requirements
for good cause may apply in writing to City Council.
[Added 1-8-2018 by Ord. No. 865]
F.Â
In order to secure a building permit, the developer
must submit its planting plan to the Shade Tree Commission for review,
suggestions and recommendations. The City Code Enforcement Officer
shall have the discretion, after receiving the report from the Shade
Tree Commission, to modify tree planting requirements under power
lines and other obstructions which prohibit strict compliance with
shading requirements and to take into consideration off-site trees,
barriers, sidewalk canopies and other structures, where appropriate.
[Amended 3-12-2007 by Ord. No. 752]
G.Â
The required landscaping for parking lots shall be
more or less evenly distributed throughout the parking lot, although
adjustments may be approved by the Zoning and Planning Department
where the shape or size of the parking lot, the location of existing
trees or other natural constraints reasonably prevent such distribution.
H.Â
All landscaped areas, including the permeable areas
and driplines around trees and planting beds used for visual screening
which abut any parking lot or vehicular travel area, shall be protected
with curbs, parking blocks or similar barriers sufficient to protect
them from vehicular intrusion.