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.
COMMISSION
The Shade Tree Commission of the City of Pottsville.
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."