[HISTORY: Adopted by the City Council of the City of Pottsville 10-14-1986 as Ord. No. 364. Amendments noted where applicable.]
A. 
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. 
As used in this chapter, certain terms are defined as follows:
CARTWAY
That portion of the right-of-way located between the curblines.
CITY
The City of Pottsville.
CITY TREASURER
The City Treasurer of the City of Pottsville.
COMMISSION
The Shade Tree Commission of the City of Pottsville.
COMMISSIONER
A member of the Shade Tree Commission.
COUNCIL
The governing body of the City of Pottsville.
CURBLINES
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.
PEDESTRIANWAY
That portion of the public right-of-way which exists between the curbline and the property line.
PERMIT, SHADE TREE
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."
PERMIT, SIDEWALK
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.
PERSON
Any individual, firm, association, company or corporation, public or private.
PROPERTY LINE
Any of the lines forming the front, rear and sides of lots as described in the recorded title.
PUBLIC AREA
Any public right-of-way, park or other publicly owned property.
PUBLIC RIGHT-OF-WAY
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.
SHADE TREE
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.
STREET LINE
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. 
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. 
To protect the character and the social and economic value of both private and public property.
C. 
To preserve and enhance the visual character and natural beauty of the city.
D. 
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. 
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. 
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. 
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. 
When a permit is required.
(1) 
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) 
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) 
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. 
Conditions attached to permits.
(1) 
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) 
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. 
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. 
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. 
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. 
Form of permit application. The permit application shall be on a form prepared by the Commission.
G. 
The fee for the shade tree permit, if any is deemed necessary, shall be set by resolution of the Council.
A. 
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. 
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. 
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. 
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]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
Organization.
(1) 
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) 
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. 
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. 
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. 
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.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
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. 
Intent. This section is primarily intended to reduce the thermal pollution of surface waters from parking lot runoff.
B. 
Any lot that would include more than five parking spaces shall be required to provide landscaped areas within the paved area.
C. 
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]
[1]
Editor's Note: See Ch. 220, Zoning, and Ch. 197, Subdivision of Land, respectively.
D. 
Trees required by this section shall meet the following standards:
(1) 
Type of trees permitted. Required trees shall be chosen from the list of approved street trees in this chapter.[2]
[2]
Editor's Note: The list of approved street trees is on file in the City offices.
(2) 
Minimum size. The trunk diameter (measured at a height of one foot above finished grade level) shall be a minimum of two inches.
E. 
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) 
Truck loading area in front of overhead doors;
(2) 
Truck maneuvering and parking areas unconnected to and exclusive of any vehicle parking;
(3) 
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) 
Automotive dealerships, display/sales/service/vehicle storage areas (required parking for auto dealerships is still subject to shading); and
(5) 
Existing off-street parking areas which undergo a change of title or change of conformation shall comply with Subsections A through H.
[Amended 1-8-2018 by Ord. No. 865]
(6) 
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. 
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. 
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. 
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.