As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT
A landowner or developer as hereinafter defined who has filed
an application for a subdivision or land development, or an application
for a grading or clearing permit, or permit for hazard or other tree
removal within the jurisdiction of the Shade Tree Commission.
BOROUGH ARBORIST
The duly appointed arborist of the Borough or his/her designee.
COUNCIL
The Borough Council of Doylestown Borough.
DEAD TREE
A tree that is no longer alive, has been removed beyond repair,
or is in an advanced state of decline (where an insufficient amount
of live tissue, green leaves, limbs or branches exists to sustain
life) and has been determined to be in such a state by a certified
arborist during a nondormant or other natural stage of the tree that
would minimize the likelihood that the tree would be mistakenly identified
as being in such a dead state.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes, or causes to be made, a subdivision
of land or a land development, or who has applied for a permit within
the jurisdiction of the Shade Tree Commission.
HAZARD TREE
A tree that may fail due to mortality or a structural defect
or changed stand conditions and, as a result, may cause property damage
or personal injury.
MANAGER
The duly appointed Manager of the Borough or his/her designee.
PERMIT
A permit, in writing, as issued by the Manager pursuant to
application approval by the Shade Tree Commission.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other recreational areas
and other public areas;
B.
Sites for schools, sewage treatment, refuse disposal and other
publicly owned or operated facilities; and
C.
Publicly owned or operated scenic and historic sites.
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property
in the Borough in which the Borough, county or commonwealth has a
regulatory interest, or interest as a trustee for the public as such
interests now or hereafter exist, including, but not limited to, all
streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts,
bridges, skyways, or any other public place, area or property under
the control of the Borough, county or commonwealth, and any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the Borough, county or commonwealth. The phrase
"in the right(s)-of-way" means in, on, over, along, above and/or under
the right(s)-of-way. The phrase "existing right-of-way" is the legal
right-of-way as established by the commonwealth or other appropriate
governing authority and which is currently in existence. The phrase
"future right-of-way" is the right-of-way deemed necessary to provide
adequate width for future street improvements.
SHADE TREE
Any protected tree subject to review and/or approval by the
Shade Tree Commission under any section of this chapter, including:
a) a deciduous or evergreen tree with a six-inch or greater DBH; and
b) an ornamental, specimen or unique quality tree, including, but
not limited to, a cherry, dogwood, Japanese maple (cryptomeria), larch,
Metasequoia, cedar of Lebanon, holly, or birch tree with a five-inch
or greater trunk diameter, measured as six inches above the surrounding
site ground surface. The following weed or nuisance trees are not
subject to approval for removal by the Shade Tree Commission: sumac,
box elder, sassafras, and Ailanthus.
STREET TREE
A shade tree in the ROW in the Borough that meets one of
the following criteria:
A.
Its trunk is located on the tree lawn between an existing public
sidewalk and the cartway pavement edge and/or curb; or
B.
If no sidewalk is present, and its trunk is located between
a private fence, wall, or landscaped bed, and the cartway road edge
and/or curb, and entirely within the road right-of-way; or
C.
If no sidewalk, fence, wall, or landscaped bed is present, then
the tree trunk is located entirely within the ROW.
TOPPING
Removal of branches from mature trees leaving stubs and large
wounds on such trees.
TREE
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
TREE CONTRACTOR
Any individual, partnership or corporation performing tree-related
pruning, trimming, removal, cabling, fertilizing or similar work on
any tree within the Borough of Doylestown.
TREE REPLACEMENT FORMULA
The formula in the subdivision/land development ordinance used to calculate the number of trees to be installed
as mitigation for trees destroyed by development.
TREE SPECIES
Includes both the common name and botanical name (e.g., red
maple, Acer rubrum).