A. 
Creation; membership. There shall be created a commission to be known and designated as the "Beautification and Arbor Commission." The Commission shall consist of seven members, five of whom shall be residents of the municipality. The Chairman of the Planning Commission shall be a permanent member of the Beautification and Arbor Commission. All will serve without compensation.
(1) 
Members shall serve on staggered terms of two years to five years.
(2) 
On the expiration of the term of any Commission member, a successor shall be appointed by the municipal governing body to serve for a term of not more than five years.
(3) 
Vacancies in the office of Commissioner shall be filled by the municipal governing body for the unexpired term.
B. 
Powers and duties.
(1) 
The Commission shall have the exclusive custody and control of the street beautification and shade trees in the municipality. The Commission is authorized to plant, remove, maintain and protect shade trees on the public streets and property within the municipality.
(2) 
The Commission shall recommend installation of welcome signage, lighting, receptacles, seating, and tree, brush, shrub, grass, flower or other means of beautification to public areas of the Borough to Council for approval and funding.
(3) 
Specific duties of the Commission include but are not limited to the following:
(a) 
To study the problems and determine the needs of the municipality of Schuylkill Haven, Schuylkill County, in connection with its beautification and tree-planting program.
(b) 
To recommend to the Borough Council the type and kind of trees to be planted upon such municipal streets or parts of municipal streets or in parks as is designated.
(c) 
To assist the proper constituted officials of the municipality of Schuylkill Haven, County of Schuylkill, as well as the municipal governing body and citizens of the municipality, in the dissemination of news and information regarding beautification efforts, selection, planting and maintenance of trees within the corporate limits, whether the same be on private or public property, and to make such recommendations from time to time to the municipal governing body as to desirable legislation concerning the Borough's beautification and arbor programs, tree programs and activities for the municipality.
(d) 
To provide regular and special meetings at which the subject of beautification and trees, insofar as it relates to the municipality, may be discussed by the members of the Commission, officers and personnel of the municipality and its several divisions and all others interested in Borough beautification and planting programs. The Commission shall meet as deemed necessary in order to perform the duties as set forth.
(e) 
Initiate programs that keep public areas and parks clean and pleasant through citizen involvement.
(f) 
To provide an annual report of its activities, accomplishments and future plans.
C. 
The Commission shall become and remain knowledgeable of funding sources such as grant programs to assist in funding beautification and/or planting projects.
A. 
Appointment and qualifications. The Municipal Arborist shall, where possible, be appointed by a competitive personal interview given by the Beautification and Arbor Commission and/or the Borough Council of the municipality of Schuylkill Haven. Upon satisfactory completion of a six-month probationary period, said Municipal Arborist shall hold office as long as he or she satisfactorily performs the duties of his or her office. Said Municipal Arborist shall be a person skilled and trained in the arts and sciences of municipal arboriculture, ornamental or landscape horticulture, urban forestry or other closely related field. He or she shall have had at least three years' experience in municipal shade tree work or its equivalent.
B. 
Salary. The Municipal Arborist shall receive a salary commensurate with his or her training and experience as full compensation for all services rendered and in lieu of all fees.
C. 
Duties. The Municipal Arborist shall have the authority to promulgate the rules and regulations of the arboricultural specifications and standards of proactive governing the planting, maintenance, removal, fertilization, pruning and bracing of trees on the streets or other public sites in the municipality and shall direct, regulate and control the planting, maintenance and removal of all trees growing now or hereafter in any public area of the municipality of Schuylkill Haven, County of Schuylkill. He or she shall cause the provisions of this chapter to be enforced. In his or her absence, these duties shall be the responsibility of a qualified alternate designated by the municipality.
D. 
Authority of the Municipal Arborist.
(1) 
The Municipal Arborist shall have the authority and jurisdiction of regulating the planting, maintenance and removal of trees on streets and other publicly owned property to ensure safety or preserve the aesthetics of such public sites.
(2) 
Supervision. The Municipal Arborist shall have the authority and it shall be his or her duty, or designated representative, to supervise or inspect all work done under a permit issued in accordance with the terms of this chapter.
(3) 
Condition of permit. The Municipal Arborist shall have the authority to affix reasonable conditions to the granting of a shade tree work permit.
(4) 
Master Shade Tree Plan. The Municipal Arborist shall have the authority to formulate a Master Shade Tree Plan with the advice, a hearing and approval of the Beautification and Arbor Commission. The Master Shade Tree Plan shall specify the species of trees and plants to be planted on each of the streets or other public sites of the municipality. From and after the effective date of the Master Shade Tree Plan or any amendment thereof, all planting shall conform thereto.
(a) 
The Municipal Arborist shall consider all existing and future utility, environmental, and beautification factors when recommending a specific species for each of the streets and other public sites of the municipality.
(b) 
The Municipal Arborist, with the approval of the Beautification and Arbor Commission, shall have the authority to amend or add to the Master Shade Tree Plan at any time that circumstance makes it advisable.
A. 
Planting, maintenance or removal.
(1) 
No person shall plant, spray, fertilize, preserve, prune, remove, cut or otherwise disturb any tree on any street or municipality-owned property without first filing an application and procuring a permit from the Municipal Arborist, Beautification and Arbor Commission or their representative. The person receiving the permit shall abide by the Arboricultural Specifications and Standards of Practice, ANSI A300 Pruning Standards, adopted by the Municipal Arborist or Beautification and Arbor Commission.
(2) 
Application for permits must be made to the Beautification and Arbor Commission or its representative at the Borough Hall, 333 Center Avenue, not less than 48 hours in advance of the time the work is to be done. Upon review of the application by the Commission, a permit will be denied or awarded.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
The Municipal Arborist, Beautification and Arbor Commission or their representative shall issue or cause to be issued the permit provided for herein if, in their judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature as specified in ANSI A300. Any permit granted shall contain a definite date of expiration, and the work shall be completed in the time allowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated. Failure to obtain a permit, violation of a permit or standards shall cause the issuance of a citation and fine.
(4) 
Notice of completion shall be given within five days to the Municipal Arborist, Beautification and Arbor Commission or their representative for its inspection.
B. 
Planting.
(1) 
Application data. The application required herein shall state the number of trees to be planted; the location (includes site map, infrastructure lines), grade, species, cultivar or variety of each tree; the method of planting; and such other information as the Municipal Arborist or Beautification and Arbor Commission shall find reasonably necessary to a fair determination of whether a permit should be issued. All street trees must be a minimum of 1 1/2 inches' to two inches' caliper and limbed up to four feet to five feet. The applicant is responsible for calling Call One.
(2) 
Improper planting. Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the Municipal Arborist, Beautification and Arbor Commission or their representative to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
C. 
Application date. The application required herein shall state the number of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Municipal Arborist or Beautification and Arbor Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.
D. 
Removal, replanting and replacements.
(1) 
Wherever it is necessary to remove a tree or trees from a tree lawn in connection with the paving of sidewalk or the paving or widening of the portion of a street or highway used for vehicular traffic, the municipality shall replant such trees or replace them; provided that conditions do not prevent planting on tree lawns, this requirement will be satisfied if any equivalent number of trees of the same size and species as provided for in the arboricultural specifications are planted in an attractive manner on the adjoining property.
(2) 
No person or property owner shall remove a tree from the tree lawn for the purpose of construction or for any other reason without first filing an application and procuring a permit from the Municipal Arborist, Beautification and Arbor Commission or their representative and without replacing the removed tree or trees in accordance with the adopted arboricultural placement as provided for in a permit. The person or property owner shall bear the cost of removal and replacement of all trees removed.
It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees to prune such trees in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be 10 feet over sidewalks and 12 feet over all streets, except truck thoroughfares, which shall have a clearance of 16 feet.
A. 
Notice to prune. Should any person or persons owning real property bordering on any street fail to prune trees as herein above provided, the Municipal Arborist, Beautification and Arbor Commission or their representative shall order such person or persons, within three days of receipt of written notice, to so prune such trees.
B. 
Order required. The order required therein shall be served by mailing a copy of the order to the last known address of the property owner by certified mail.
C. 
Failure to comply. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the municipality to prune such trees, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
Unless specifically authorized by the Municipal Arborist or Beautification and Arbor Commission, no person shall intentionally damage, cut, carve, transplant or remove any tree; attach any rope, wire, nails, advertising posters or other contrivance to any tree; allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree. Topping a tree is prohibited because of the branch decay caused by such work leading to dangerous trees.
No person shall hinder, prevent, delay or interfere with the Municipal Arborist or Beautification and Arbor Commission or any of their assistants while engaged in carrying out the execution or enforcement of the chapter, regulations, etc.; provided, however, that nothing therein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the municipality.
A. 
All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square or at a distance in feet from the tree equal to the diameter of the trunk in inches' diameter at breast height, whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier.
B. 
No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of 10 feet of any public tree without first obtaining a written permit from the Municipal Arborist, Beautification and Arbor Commission or their representative.
No person shall deposit, place, store or maintain upon any public place of the municipality any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree growing therein, except by written permit of the Municipal Arborist, Beautification and Arbor Commission or their representative.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Schuylkill County.