Zoning & Ordinances - Addendum
Addendum:
Additions/Revisions to the Zoning Ordinance
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Ordinance 992: Prohibiting the Parking of Oversized Vehicles Anywhere in the Borough.
Ordinance 1000: Prohibiting the Harboring of an Animal Nuisance.
A. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:ABANDONED VEHICLE - Shall mean any type of vehicle, including a trailer, which:B. In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.(1) Does not have a currently valid state inspection sticker and/or currently valid license plate; orLESSEE - Owner, for the purpose of this chapter, when the lessor holds the lessee responsible for maintenance and repairs.
(2) Has not been moved for a continuous period of more than 30 days.
MOTOR VEHICLE - Any type of mechanical device propelled by a motor, in which persons or property may be transported upon public streets or highways, and including trailers or semi-trailers pulled thereby.
NUISANCE - Any condition, structure, or improvement which shall constitute a threat or potential threat to the health, safety, or welfare of the citizens of the Borough of Schuylkill Haven.
OWNER - The actual owner, agent, or custodian of the property on which motor vehicles are stored, whether individual or partnership, association, or corporation.
PERSON - A natural person, firm, partnership, association, corporation, or other legal entity.
Section 2. Nuisances Prohibited
It shall be unlawful for any person, owner, or lessee to maintain a motor
vehicle nuisance upon the open private grounds of such person, owner, or
lessee within the Borough of Schuylkill Haven or upon any public grounds owned
by the Borough of Schuylkill Haven, the Commonwealth of Pennsylvania, or the
United States of America, located within the Borough of Schuylkill Haven. A
motor vehicle nuisance shall include any motor vehicle which is unable to move
under its own power and has any of the following physical defects:
A. Broken windshields, mirrors, or other glass with sharp edges.
B. One or more flat or open tires or tubes, which could permit vermin harborage.
C. Missing doors, windows, hood, trunk, or other body parts, which could permit animal harborage.
D. Any body parts with sharp edges, including holes resulting from rust.
E. Missing tires resulting in unsafe suspension of the motor vehicle.
F. Upholstery which is torn or open, which could permit animal and/or vermin harborage.
G. Broken head lamps or tail lamps with sharp edges.
H. Disassembled chassis parts apart from the motor vehicle, stored in a disorderly fashion or loose in or on the vehicle.
I. Protruding sharp objects from the chassis.
J. Broken vehicle frame suspended from the ground in an unstable manner.
K. Leaking or damaged oil pan or gas tank, which could cause fire or explosion.
L. Exposed battery containing acid.
M. Inoperable locking mechanisms for doors or trunk.
N. Open or damaged floorboards, including trunk and fire wall.
O. Damaged bumpers pulled away from the perimeter of the vehicle.
P. Broken grill with protruding edges.
Q. Loose or damaged metal trim and clips.
R. Broken communication equipment antenna.
S. Suspended or unstable supports.
T. Such other defects which could threaten the health, safety, and welfare of the citizens of the Borough of Schuylkill Haven.
Section 3. Storage of Nuisances
A. Any person, owner, or lessee who has one or more motor vehicle nuisances as defined in Section 2 above may store such vehicles in the Borough of Schuylkill Haven only in strict compliance with the regulations provided herein. Such person, owner, or lessee must first apply for a permit for either temporary or permanent storage and pay a fee to the Borough of Schuylkill Haven, such as may be provided from time to time by resolution of Borough Council of the Borough of Schuylkill Haven. The motor vehicle nuisance's must be stored within a garage or other enclosed building or outside within an opaque fence at least six (6) feet high, which is locked at all times when unattended. With the special approval of Borough Council of the Borough of Schuylkill Haven, motor vehicle nuisances may also be stored outside in an area enclosed by a chain link fence, at least six (6) feet high, screened by shrubbery around the perimeter to the height of the fence, with an unobstructed gate capable of admitting fire or emergency equipment. Such gate shall remain locked at all times when unattended. In addition, all gas and oil or other flammable liquids shall be removed from the motor vehicle and it shall be kept free of vermin infestation while being stored.Section 4. Inspection; Notice to Comply
B. Nothing herein shall be construed to permit the storage of motor vehicle nuisances contrary to the provisions of Chapter 210, Zoning.
A. The Code Enforcement Officer and/or the Police Department is hereby empowered to inspect grounds on which motor vehicles are stored to determine if there is compliance with the provisions of this chapter. If non-compliance with the provisions of this chapter constitutes a nuisance or if any condition, structure, or improvement poses a threat to the health, safety, or welfare of the public, he or she shall issue a written notice, to be served by registered or certified mail upon the owner of said premises, or, if the owner's whereabouts or identity be unknown, by posting the notice conspicuously upon the offending premises.Section 5. Remedies
B. Said notice shall specify the condition or structure or improvement complained of and shall require the owner to commence to remove or otherwise rectify the condition or structure or improvement as set forth therein within ten (10) days of mailing or posting of said notice and thereafter to fully comply with the requirements of the notice within a reasonable time.
A. An abandoned vehicle may not be parked, stored, or left to remain on any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, approved or unapproved, in the Borough of Schuylkill Haven unless necessary for the operation of a business enterprise lawfully permitted on private property.Section 7. Hearing
B. The Code Enforcement Officer and/or Police Department shall be empowered to order the removal of such of an abandoned vehicle within five (5) days from the date of service of a notice of violation as set forth in Section 4 above.
C. If the property owner and/or vehicle owner can demonstrate to the Code Enforcement Officer and/or Police Department that provisions to restore the vehicle in question are presently being made, then the Code Enforcement Officer and/or Police Department may make such orders as are necessary to abate any hazards or dangerous conditions or nuisances.
A. Any person aggrieved by the decision of the Code Enforcement Officer or the Police Department may request and shall then be granted a hearing before the Schuylkill Haven Borough Council, provided that he or she files with Borough Council of the Borough of Schuylkill Haven, within ten (10) days after notice of the Code Enforcement Officer’s or the Police Department’s decision, a written petition requesting such hearing and setting forth a brief statement of the grounds therefore. The hearing shall commence not later than thirty (30) days after the date on which the petition was filed unless postponed for sufficient case.Section 8. Violations and Penalties
B. After such hearing, Borough Council of the Borough of Schuylkill Haven shall sustain, modify, or overrule the action of the Code Enforcement Officer or the Police Department as the case may be.
a. Maintaining property that is offensive, annoying, or dangerous to the public health, safety, or welfare of the community because of the number, type, variety, density, or location of the animals on the property.
b. Allowing or permitting an animal to bark, howl, yelp, cry, bay, whine, crow, or cackle in an excessive, continuous, or untimely fashion so as to interfere with the reasonable use and enjoyment of neighboring premises. Said action is to be observed by the Borough official to be continuous and unrelenting for a period of ten (10) minutes or more and without just provocation by an outside source.
c. Maintaining an animal that is diseased and dangerous to the public health.
d. Maintaining an animal that habitually or repeatedly chases, snaps at, attacks, or barks at pedestrians, joggers, dogs walked on a leash by owners, bicycles, or vehicles.
Section 6. Persons with defective eyesight or
hearing while relying upon a dog specifically trained for these purposes
shall be exempt from compliance with this Section.
Section 7. Any person violating any provision of this Ordinance shall,
upon conviction thereof, be sentenced to pay a fine of not more than Three
Hundred ($300) Dollars and costs of prosecution for each offense thereof.
a. Section 55, Traffic Control Signals;7. Schuylkill Haven Borough intends that this Ordinance be a complete traffic and parking regulation plan and ordinance and shall become effective by incorporating herein the changes outlined above to the traffic and parking regulations previously adopted. Furthermore, this Ordinance shall repeal any such traffic and parking regulations or ordinances previously adopted which are inconsistent herewith.
b. Section 63, Stop Intersections;
c. Section 66, Vehicle Weight Limits;
d. Section 68, Parking Prohibitions;
e. Section 69, Parking Prohibitions During Certain Hours; and
f. Section 72, Parking Meters.
a. By the designation of an employee of the Borough of Schuylkill Haven to serve as the municipal code official to act on behalf of the Borough of Schuylkill Haven;4. A Board of Appeals shall be established by resolution of Council of the Borough of Schuylkill Haven in conformity with the requirements of the relevant provisions of the Code, as amended from time to time, and for the purposes set forth therein. If at any time enforcement and administration is undertaken jointly with one or more other municipalities, said Board of Appeals shall be established by joint action of the participating municipalities.
b. By the retention of one (1) or more construction code officials or third-party agencies to act on behalf of the Borough of Schuylkill Haven;
c. By agreement with one (1) or more other municipalities for the joint administration and enforcement of this Act through an intermunicipal agreement;
d. By entering into a contract with another municipality for the administration and enforcement of this Act on behalf of the Borough of Schuylkill Haven;
e. By entering into an agreement with the Pennsylvania Department of Labor and Industry for plan review, inspections, and enforcement of structures other than one-family or two-family dwelling units and utility and miscellaneous use structures.
5.
a. All building code ordinances or portions of ordinances which were adopted by the Borough of Schuylkill Haven on or before July 1, 1999, and which equal or exceed the requirements of the Code shall continue in full force and effect until such time as such provisions fail to equal or exceed the minimum requirements of the Code, as amended from time to time.
b. All building code ordinances or portions of ordinances which are in effect as of the effective date of this Ordinance and whose requirements are less than the minimum requirements of the Code are hereby amended to conform with the comparable provisions of the Code.
c. All relevant ordinances, regulations, and policies of the Borough of Schuylkill Haven not governed by the Code shall remain in full force and effect.
6. Fees assessable by the Borough
of Schuylkill Haven for the administration and enforcement undertaken
pursuant to this Ordinance and the Code shall be established by Council by
resolution from time to time.
7. This Ordinance shall be effective seven (7) days after the date
of passage of this Ordinance.
8. If any section, subsection, sentence, or clause of this Ordinance
is held, for any reason, to be invalid, such decision or decisions shall
not affect the validity of the remaining portions of this Ordinance.
ENACTED AND ORDAINED into an Ordinance this 30th day of June, 2004, by
Council of the Borough of Schuylkill Haven in lawful session duly
assembled.
LARGE TREES- Those attaining a height of 30 feet to 45 feet.Back To Top
MUNICIPAL ARBORIST - The Municipal Arborist, Forester, Tree Warden or other designated official of the Municipality of Schuylkill Haven, County of Schuylkill, assigned to carry out the enforcement of this chapter.
MUNICIPALITY - The Borough of Schuylkill Haven, County of Schuylkill, Commonwealth of Pennsylvania.
PARK - Includes all public parks (the Shade Tree Commission, Recreation and Park Board and the municipal governing body should decide who will maintain trees on public property other than along streets such as adjacent to municipal buildings, within public parks, etc.)
PERSON - Any person, firm, partnership, association, corporation, company or organization of any kind.
PRINCIPAL THOROUGHFARE - Any Street upon which trucks are not prohibited.
PROPERTY LINE - The outer edge of street or highway.
PROPERTY OWNER - The person owning such property as shown by the County Assessor’s Plat of Schuylkill County.
PUBLIC PLACES - Includes all other grounds owned by the Municipality of Schuylkill Haven, County of Schuylkill.
PUBLIC TREES - Includes all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated.
BEAUTFICATION AND ARBOR COMMISSION - The body under whose jurisdiction all street trees fall.
SMALL TREES - Those attaining a height of 20 feet to 30 feet
STREET or HIGHWAY - 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 purpose of vehicular and pedestrian traffic.
TREE LAWN - That part of a street or highway not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
A. Creation: membership. There shall be created a commission to be know and designated as the "Beautification and Arbor Commission." The Commission shall consist of seven members, 50% of whom shall be residents of the municipality. All will serve without compensation.Back To Top
(1) Members shall serve on staggered terms of 2 to five years.B. Powers and Duties: The Commission shall have the exclusive custody and control of the shade trees in the municipality and is authorized to plant, remove, maintain and protect shade trees on the public streets and property within the municipality.
(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 5 years.
(3) Vacancies in the Office of Commissioner shall be filled by the municipal governing body for the unexpired term
The Commission shall recommend installation of welcome signage, and tree, brush, shrub, grass, flower or other means of beautification to public areas of the Borough to Council for approval and funding.
Specific duties of the Commission include but are not limited to the following:
(1) 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.C. The Commission shall become and remain knowledgeable of funding sources such as grant programs to assist in funding beautification projects. The Commission shall meet as deemed necessary in order to perform the duties as set forth.
(2) To recommend to the proper authority the type and kind of trees to be planted upon such municipal streets or parts of municipal streets or in parks as is designated.
(3) 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.
(4) 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.
(5) Initiate programs and keep public areas and parks clean and pleasant through citizen involvement.
A. Appointment and qualifications. The Municipal Arborist shall, where possible, be appointed from a civil service roster established by competitive examination after a personal interview or, where civil service does not exist, by a competitive examination and interview given by the Beautification and Arbor Commission and or the Recreation and Park Board 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.Back To Top
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 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.Back To Top
(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 or Beautification and Arbor Commission. The person receiving the permit shall abide by the Arboricultural Specifications and Standards of Practice adopted by the Municipal Arborist or Beautification and Arbor Commission.B. Planting.
(2) Application for permits must be made to the Beautification and Arbor Commission at the Borough Hall, 12 West Main Street, not less than 48 hours in advance of the time the work is to be done.
(3) The Municipal Arborist or Beautification & Arbor Commission shall issue or cause to be issued the permit provided for herein if, in its judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. 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.
(4) Notice of completion shall be given within five days to the Municipal Arborist or Beautification and Arbor Commission for its inspection.
(1) Application data. The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the Municipal Arborist or Beautification & Arbor Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.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 & Arbor Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.
(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 or Beautification and Arbor Commission 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.
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 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 or Beautification and Arbor Commission 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.
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 or Beautification and Arbor Commission shall order such person or persons, within three days after receipt of written notice, to so prune such trees.Back To Top
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.
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 height 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.Back To Top
B. No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of 10 feet from any public tree without first obtaining a written permit from the Municipal Arborist or Beautification & Arbor Commission.
A. Preferred tree species.Back To Top
(1) All plant material used shall be selected from the following plant list. If the developer is confronted with an unforeseen problem pertaining to tree species, the Beautification and Arbor Commission shall be consulted for advice and recommendations.B. Acquisition of trees. Only plant material grown in nurseries shall be procured for shade tree planting. Trees should be true to form and typical of the species.
(2) Street trees within the same block shall be of the same species except to achieve a special effect, as approved by the Beautification and Arbor Commission.
(3) Trees face a bleak existence along the roadways. They are subject to restricted volumes of soil, which generally have poor structure and drainage; bathed with spray ladened with de-icing salts; subject to rapidly fluctuating temperatures and intense insensitivity to the needs of a living organism. No tree is perfect for every location or situation. With these factors in mind, the following list of street trees was developed were taken from Street Trees for Southeastern Pennsylvania, by the Penn State Southeast Extension Region, and further adapted by the Penn State Cooperative Extension Service, Ornamental Horticulture Extension.).
(4) The use of any tree other than those listed above require the approval of the Beautification and Arbor Commission.
Small trees under 30 feet
Genus and Species Common Name Acer compestre Hedge Maple Acer grinnola Amur Maple Acer tataricum Tatarian Maple Amelanchier laevis (Tree form) Shadblow Serviceberry Amelanchier laevis Allegheny Serviceberry Cornus florida Flowering Dogwood Cornus kousa Chinese Kousa Dogwood Crataegus monogyna (selected varieties) Crab Apple Crataegus phaenopyrun Washington Hawthorn Halesia Carolina Caroling Silverbell Malus (selected varieties) Crab Apple Prunus sargentii, Common variety columnar Columnar sergeant Cherry Prunus serrulata, Common variety amanogaws Amanogawa Cherry Prunus serrulata, Common variety kwanzan Kwanzan Cherry Syringa amurense japonica Japenese Tree Lilac Pyrus calleryana, Common variety chanticleer Chanticleer Pear
Medium Trees 30 Feet to 45 Feet Genus and Species Common Name Carpinus betulus European Hornbeam Carpinus betulus, Common variety fastigiata Upright European Hornbeam Cercidiphyllum Japonicum Katsuratree Chionanthus virginicus White Fringetree Crategus x lavallei Lavalle Hawthorn Koelreuteria paniculata Goldenraintree Malus cultivarus Crabapple: Adams, Snowdrift,
White Angel, hupenhensis,
Zumicalocarpa and Beverly
Nyssa sylvatica Sour GumPhelodendron amurense Amur corktree Prunus yedoensis Yoshino Cherry Pyrus calleryana cultivars Callery Pear; Aristocrat, Bradford
And Swarf KoreanUlmus parvifolia Chinese Elm Quecus acutissima Sawtooth Oak Sorbus alnifolia Korean Mountain-ash Sorbus aucuparia European Mountain-ash
Large Trees Over 45 Feet Genus and Species Common Name Acer rubrum (seected cultivars) Red Maple Acer saccharum (selected cultivars) Sugar Maple Corylus colurna Turkish Filbert Corylus colurna Turkish Filbert Ginkgo biloba (male slections only) Ginkgo Metasequoia glyptostroboides Dawn Redwood Quercus alba White Oak Quercus borealis Red Oak Quercus cerris Turkey Oak Quercus imbriacaria Shingle Oak Quercus imbriacaria Willow Oak Quercus phellos Shumard Oak Sophora japonica Japanese Pagoda Tree Taxodium distichum Common Baldcypress Tilia cordata Littleleaf Linden Tilia euchlora (Selected cultivars) Crimean Linden Tilia tomentosa Silver Linden Zelkova serrata (selected cultivars) Japanese Zelkova
(5) Not all trees on this list are suitable for all situations. Suitability shall be determined by the Municipal Arborist/Beautification and Arbor Commission. Additionally, as new varieties are developed and existing ones improved, this list should be amended.
C. Tree speciation.
(1) Each tree shall be at lease eight feet in height and shall have a diameter of at least 1 _ inches, measured at a height of six inches above the finished ground level.D. Soil amendments. As different trees required different soil conditions, it may be necessary to add materials, such as fertilizers, sand, etc., to the existing soil prior to planting. The Beautification and Arbor Commission should consult with experts such as those from the cooperative extension service. The appropriate soil mixtures for the various trees should become part of the regulations.
(2) Plant material shall be balled and burlapped with native soil in which the material had been growing (no manufactured balls).
(3) The relationship between tree caliper, tree height and diameter of the root ball shall be as follows:
(4) Trees with larger caliper trunks shall have ball diameters in proportion to their size and in accordance with accepted nursery practices.
Caliper Height Range Minimum Ball Diameter (inches) (feet) (inches) 1 to 1 8 to 10 20 1 to 2 10 to 12 22 2 to 2 12 to 14 24
A. Planting locations.Back To Top
(1) The actual location of each individual tree shall be determined considering views, proximity of utility poles, overhead and guy wires, driveways and subsurface utility installations (in new subdivisions, all utility lines should be underground).B. Utility wires overhead. Trees shall be located between the sidewalk and building setback line and at least five feet from the sidewalk.
(2) Trees shall be planted at least 30 feet from street intersections, at least 15 feet from driveways and alleys and at least 10 feet from utility poles.
(3) Spacing of trees should be determined by the Municipal Arborist or Beautification and Arbor Commission according to local conditions, the species, cultivars or varieties used and their mature height, spread and form. Generally, all large trees shall be planted 40 feet to 60 feet on center; all medium-sized trees shall be planted a minimum of 35 feet on center; and all small trees shall be planted a minimum of 25 feet on center. Whenever possible, shade tre3es shall be planted alternately along each side of all streets of the development. Trees shall be spaced without regard to property lines.
(4) The cross-sectional location of street trees shall be as follows (as a guide):
(a) There shall be no overhead utility wires, trees shall be located within the right-of-way, on-center between the curb and sidewalk.
C. Planting specifications.
(1) Tree pits shall be at least 10 inches wider in diameter than the diameter of the root ball. Unless building debris is encountered, the hole shall be excavated to a depth no greater than to permit the top of the ball to be level with the rim of the hole. All encountered debris should be removed to a minimum depth of 30 inches.
(2) Planting time. Except when waived by the Municipal Arborist or Beautification and Arbor Commission, trees within the same block shall be planted at the same time. Balled and burlapped material may be planted during any period of the year when the soil is frost-free and friable.
(3) The burlap and twine covering the upper half of the ball shall be rolled back or cut away after the plant has been set.
(4) Trees shall be staked with no less than two-inch-by-two inch stakes, driven 2 _ feet to 3 feet into the ground. Two stakes shall be required for trees less than two inches in caliper and three stakes for trees greater than two inches in caliper. The trunk shall be protected by placing a short piece of three-fourths-inch diameter, two-ply, reinforced hose around the guy wire where it comes in contract with the tree (see Figure A). All stakes shall be of the same height for uniform appearance and support.
(5) The planting hole shall be backfilled to _ full with soil, followed by 10 gallons of water. When the water has been absorbed, the hole shall be filled with topsoil and tamped lightly to finished grade.
(6) Upon completion of the transplanting operation, a wood chip or bark mulch, two inches deep, shall be placed over the planting area.
(7) All unused soil or other debris resulting from the planting or plant material shall be removed from the project area.
A. Maintenance.Back To Top
(1) Plant maintenance shall begin immediately after each plant is satisfactorily installed and shall continue until final inspection by the Beautification and Arbor Commission or Municipal Arborist.B. Guaranty in addition to other standard provisions, the developer’s improvement bond shall also provide for the following:
(2) Plant maintenance shall include but need not be limited to replacing mulch that has been displaced by erosion or other means, maintaining stakes and guys as originally installed, watering when needed or directed and performing any other work required to keep the plants in a healthy condition. An adequate moisture supply is estimated to be the equivalent of one inch of water per week, delivered at weekly intervals in the form of rain or augmented as required by periodic watering.
(3) The developer shall remove and replace all dead, effective and rejected plants as occur during this period.
(1) Maintenance necessary during establishment period.
(2) Replacement in kind or with a substitute acceptable to the Municipal Arborist or Beautification and Arbor Commission, of all plant material which is not of a healthy growing condition, which has died back or which is beyond normal pruning limits.
LARGE TREES- Those attaining a height of 30 feet to 45 feet.Back To Top
MUNICIPAL ARBORIST - The Municipal Arborist, Forester, Tree Warden or other designated official of the Municipality of Schuylkill Haven, County of Schuylkill, assigned to carry out the enforcement of this chapter.
MUNICIPALITY - The Borough of Schuylkill Haven, County of Schuylkill, Commonwealth of Pennsylvania.
PARK - Includes all public parks (the Shade Tree Commission, Recreation and Park Board and the municipal governing body should decide who will maintain trees on public property other than along streets such as adjacent to municipal buildings, within public parks, etc.)
PERSON - Any person, firm, partnership, association, corporation, company or organization of any kind.
PRINCIPAL THOROUGHFARE - Any Street upon which trucks are not prohibited.
PROPERTY LINE - The outer edge of street or highway.
PROPERTY OWNER - The person owning such property as shown by the County Assessor’s Plat of Schuylkill County.
PUBLIC PLACES - Includes all other grounds owned by the Municipality of Schuylkill Haven, County of Schuylkill.
PUBLIC TREES - Includes all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated.
BEAUTFICATION AND ARBOR COMMISSION - The body under whose jurisdiction all street trees fall.
SMALL TREES - Those attaining a height of 20 feet to 30 feet
STREET or HIGHWAY - 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 purpose of vehicular and pedestrian traffic.
TREE LAWN - That part of a street or highway not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
A. Creation: membership. There shall be created a commission to be know and designated as the "Beautification and Arbor Commission." The Commission shall consist of seven members, 50% of whom shall be residents of the municipality. All will serve without compensation.Back To Top
(1) Members shall serve on staggered terms of 2 to five years.B. Powers and Duties: The Commission shall have the exclusive custody and control of the shade trees in the municipality and is authorized to plant, remove, maintain and protect shade trees on the public streets and property within the municipality.
(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 5 years.
(3) Vacancies in the Office of Commissioner shall be filled by the municipal governing body for the unexpired term
The Commission shall recommend installation of welcome signage, and tree, brush, shrub, grass, flower or other means of beautification to public areas of the Borough to Council for approval and funding.
Specific duties of the Commission include but are not limited to the following:
(1) 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.C. The Commission shall become and remain knowledgeable of funding sources such as grant programs to assist in funding beautification projects. The Commission shall meet as deemed necessary in order to perform the duties as set forth.
(2) To recommend to the proper authority the type and kind of trees to be planted upon such municipal streets or parts of municipal streets or in parks as is designated.
(3) 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.
(4) 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.
(5) Initiate programs and keep public areas and parks clean and pleasant through citizen involvement.
A. Appointment and qualifications. The Municipal Arborist shall, where possible, be appointed from a civil service roster established by competitive examination after a personal interview or, where civil service does not exist, by a competitive examination and interview given by the Beautification and Arbor Commission and or the Recreation and Park Board 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.Back To Top
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 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.Back To Top
(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 or Beautification and Arbor Commission. The person receiving the permit shall abide by the Arboricultural Specifications and Standards of Practice adopted by the Municipal Arborist or Beautification and Arbor Commission.B. Planting.
(2) Application for permits must be made to the Beautification and Arbor Commission at the Borough Hall, 12 West Main Street, not less than 48 hours in advance of the time the work is to be done.
(3) The Municipal Arborist or Beautification & Arbor Commission shall issue or cause to be issued the permit provided for herein if, in its judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. 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.
(4) Notice of completion shall be given within five days to the Municipal Arborist or Beautification and Arbor Commission for its inspection.
(1) Application data. The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the Municipal Arborist or Beautification & Arbor Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.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 & Arbor Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.
(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 or Beautification and Arbor Commission 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.
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 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 or Beautification and Arbor Commission 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.
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 or Beautification and Arbor Commission shall order such person or persons, within three days after receipt of written notice, to so prune such trees.Back To Top
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.
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 height 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.Back To Top
B. No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of 10 feet from any public tree without first obtaining a written permit from the Municipal Arborist or Beautification & Arbor Commission.
A. Preferred tree species.
(1) All plant material used shall be selected from the following plant list. If the developer is confronted with an unforeseen problem pertaining to tree species, the Beautification and Arbor Commission shall be consulted for advice and recommendations.
(2) Street trees within the same block shall be of the same species except to achieve a special effect, as approved by the Beautification and Arbor Commission.
(3) Trees face a bleak existence along the roadways. They are subject to restricted volumes of soil, which generally have poor structure and drainage; bathed with spray ladened with de-icing salts; subject to rapidly fluctuating temperatures and intense insensitivity to the needs of a living organism. No tree is perfect for every location or situation. With these factors in mind, the following list of street trees was developed were taken from Street Trees for Southeastern Pennsylvania, by the Penn State Southeast Extension Region, and further adapted by the Penn State Cooperative Extension Service, Ornamental Horticulture Extension.).
Small trees under 30 feet
Genus and Species Common Name Acer compestre Hedge Maple Acer grinnola Amur Maple Acer tataricum Tatarian Maple Amelanchier laevis (Tree form) Shadblow Serviceberry Amelanchier laevis Allegheny Serviceberry Cornus florida Flowering Dogwood Cornus kousa Chinese Kousa Dogwood Crataegus monogyna (selected varieties) Crab Apple Crataegus phaenopyrun Washington Hawthorn Halesia Carolina Caroling Silverbell Malus (selected varieties) Crab Apple Prunus sargentii, Common variety columnar Columnar sergeant Cherry Prunus serrulata, Common variety amanogaws Amanogawa Cherry Prunus serrulata, Common variety kwanzan Kwanzan Cherry Syringa amurense japonica Japenese Tree Lilac Pyrus calleryana, Common variety chanticleer Chanticleer Pear
Medium Trees 30 Feet to 45 Feet