This chapter shall be known and may be cited as the "Municipal Tree Ordinance of the City of Hazleton."
[HISTORY: Adopted by the City Council of the City of Hazleton 11-16-1995 by Ord. No. 95-18 as Ch. 223 of the 1995 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
That person appointed and/or employed by the Shade Tree Commission and approved by the Mayor and Council.
The Department of Public Works or other designated department of the City under whose jurisdiction street and park trees fall.
The City of Hazleton, Luzerne County, Pennsylvania.
Any person, firm, partnership, association, corporation, company or organization of any kind.
The outer edge of a right-of-way.
The person owning such property as shown on Luzerne County Tax Assessor's list.
All parks and other grounds owned by the City of Hazleton, Luzerne County, Pennsylvania.
All shade and ornamental trees now or hereafter growing on any public right-of-way and any public places.
The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for the purposes of vehicular and pedestrian traffic.
Any woody plant having one or more erect perennial stems or trunks at least three inches (7.5 centimeters) in diameter at breast height (4 1/2 feet or 1.3 meters) or capable of attaining this diameter, having a more or less well-defined crown of foliage and a height of at least 13 feet (four meters). (Breast height is above ground line.)
That part of any right-of-way not covered by sidewalk or other paving.
Any other woody planting of annual or perennial nature which does not qualify as a tree, excluding flowers.
[Amended 4-12-2022 by Ord. No. 2022-3; 9-9-2025 by Ord. No. 2025-7]
A.
There shall be created a commission to be known and designated as the "Shade Tree Commission," composed of nine citizens of the City of Hazleton (11 Pa.C.S.A. § 12416). Seven of said members shall be appointed by the Mayor with the approval of Council and shall serve as follows: two for three years, two for four years and three for five years.
B.
All appointed members shall serve for their full terms and shall serve until their successors are duly appointed and approved by Council. All members of the Commission shall serve without pay. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner as original appointments are made.
C.
The eighth member of the Commission shall be the Director of Public Works or his/her designee, who shall be an ex officio member.
D.
The ninth member of the Commission shall be the President of Council or his/or designee, who shall be an ex officio member.
E.
In the absence of a valid or operational Commission, the Mayor shall temporarily assume the duties of the Commission including those of the City Arborist.
The duties of the said Shade Tree Commission shall be:
A.
To study the problems and determine the needs of the City of Hazleton in connection with its public trees.
B.
To recommend to the proper authority rules and regulations for the removal, maintenance and planting of public trees.
C.
To recommend to the Mayor and Council a person to be the City Arborist. The City Arborist shall be appointed by the Shade Tree Commission, after interviewing all interested parties, and shall serve with no compensation or shall be recommended from a civil service roster established by competitive examination and a personal interview.
D.
To review all permits issued and to act as a hearing board for any citizen contesting the denial of a permit.
E.
To review and approve those persons engaged in the industry as to be registered arborists.
F.
To assist the officials of the City of Hazleton, the Council and the citizens of the City by the dissemination of news and information regarding the selection, planting and maintenance of trees and woody shrubs, whether the same are on public or private property, and to make such recommendations from time to time to the Council as to desirable legislation concerning the tree program and activities of the City.
G.
To provide regular and special meetings at which the subject of trees and the rules and regulations thereof may be discussed by the members of the Commission, officers and personnel of the municipality and all other interested citizens.
H.
To establish a program for the subscription and planting of memorial trees and the maintenance of historic trees.
I.
To act in concert with the other Commissioners of the City to implement proper tree practices in developments and subdivisions.
J.
To expend no funds other than those appropriated by Council and those voluntary contributions given the Commission for memorial, historical or replacement trees.
[Amended 2-21-2001 by Ord. No. 2001-7; 9-9-2025 by Ord. No. 2025-7]
A.
General requirements.
(1)
No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground or otherwise disturb any tree or woody plant on any street, right-of-way or public place without first filing an application and procuring a permit.
(2)
Applications for permits must be made with the License and Permit Office or otherwise specified municipal authority. Applications must be made at least 72 hours prior to the time the work is to be done.
(3)
Standards of issuance. The City Engineer, City Arborist or their designee shall inspect the proposed work and issue a permit if in their opinion the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. All permits granted shall contain a definite expiration date and all work must be completed by this date. A permit may be extended or reissued by the issuing authority upon reapplication.
B.
Removal of trees.
(1)
No person or property owner shall remove a tree from the right-of-way or public places for any reason without first filing an application and procuring a permit and without replacing the removed tree or trees, woody plant or plants in accordance with the adopted Arboricultural Specifications.
(2)
If a tree cannot be replaced because of physical or environmental reasons in the same or adjoining space, this requirement will be satisfied if any equivalent number of trees, as provided by the Arboricultural Specifications, are planted on or in suitable areas.
(3)
The person or property owner shall bear the cost of removal and replacement of all trees removed.
(4)
Stump removal shall be to two inches below the top of grade.
(5)
Branches and debris must be removed on the same day as the work is done.
C.
Repair deadline. Repair of City right-of-way according to Chapter 440, Streets and Sidewalks, of the City Code must be completed within 30 days.
D.
Planting.
(1)
A permit is required for the planting of any tree on the public right-of-way or public place except for replacement trees for those removed.
(2)
All trees planted after adoption of this chapter shall conform to the recommendations of the Arboricultural Specifications adopted by the Shade Tree Commission. All plantings must be consistent with the standards of practice.
(3)
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 City to remove or cause removal of the same, and the costs thereof shall be assessed to the owner as provided by law.
E.
Maintenance.
(1)
A permit is required for pruning, trimming, spraying, fertilizing or otherwise preserving any public tree.
(2)
This subsection does not apply to the removal of dead branches or the pruning or trimming of less than 20% of the crown by the property owner only for the purpose of safety and/or elimination of an obstruction.
G.
Costs. All permits shall have an administrative cost in the amount set forth in the fee schedule adopted by resolution of the City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any person who removes, plants or maintains any public tree on a commercial basis must register with the Shade Tree Commission and comply with the requirements established by the Commission. There is no fee for this registration.
B.
Any person or business failing to register shall be subject to fines.
A.
It shall be the duty of all property owners bordering on all public right-of-way or public places to prune such trees in such as manner that they will not obstruct or shade streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of intersections. Minimum overhang clearance shall be 10 feet over sidewalks and 12 feet over all streets. No permit shall be required for this work.
B.
Failure to prune.
(1)
Should any person fail to prune trees as provided, the City Solicitor shall order such person or persons, within three days after receipt of written notice, to prune such trees.
(2)
The order required herein shall be served by mailing a copy of the order to the last known address of the property owner by certified mail.
(3)
When a person to whom the order is directed shall fail to comply within the specified time, it shall be lawful for the municipality to prune such trees or plants or cause to have said trees or plants pruned, and the exact costs thereof shall be assessed to the owner as provided by law.
A.
Upon inspection by the City Arborist, a tree can be declared a hazard tree when, in his/her opinion, it is in imminent danger of structural collapse and can cause damage to life and property. This applies to all public trees and to trees on private property where the possibility of collapse could place the tree on or in the right-of-way or a public place.
B.
Notification of the owner shall be made in writing or verbally by a City official immediately. The owner shall have 24 hours to remove such hazard. In the event of failure by the owner to do so or the inability of the owner to be contacted, the tree shall be posted by the City as a hazard tree and will be removed or caused to be removed by the City 24 hours after posting. The exact cost of removal shall be assessed to the owner as prescribed by law.
A.
No person shall intentionally damage, cut, carve, break, transplant or remove any tree or attach any rope, wire, nails, advertising posters or any other contrivance to any tree.
B.
All trees on public rights-of-way or property near any excavation or construction of any building, structure or street work shall be guarded with a good substantial box, fence or frame as provided in the Arboricultural Specifications.
D.
No person shall deposit, place, store or maintain upon any public place of the municipality any sand, stone concrete, brick or other materials which may impede the free passage of water, air or fertilizer to the roots of any tree growing herein, except as permitted by the Shade Tree Commission.
[Amended 2-21-2001 by Ord. No. 2001-7]
Upon notification of a violation of this chapter by a member of the Shade Tree Commission and subsequent confirmation by the City Arborist, the Code Enforcement Officer is hereby authorized to assess penalties to any person, firm or corporation in accordance with Chapter 1, Article II, Violations and Penalties, of the Hazleton City Code, amended by Ordinance No. 88-26.