§ 25-102. Word Usage; Definitions.
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1.Word Usage. For the purposes of this chapter, words and terms used herein shall be interpreted as follows:A.Words in the present tense include the future tense.B.The singular shall include the plural, and the plural shall include the singular.C.The masculine gender shall include the feminine and the neuter and vice versa.D.The words "shall" and "must" are always mandatory, and the words "may" or "should" are always permissive.E.The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be occupied."F.The word "person" includes "individual," "company," "unincorporated association," "corporation" or other similar entities.G.The words "cartway," "street," "road" and "highway" shall have the same meaning.H.The word "structure" includes "building"; both terms shall be construed as if followed by the phrase "or part thereof."I.The words "such as," "includes," "including" and "specifically" shall provide examples which shall not, by themselves, limit a provision to the examples specifically mentioned if other examples would otherwise comply with the provision.J.Unless stated otherwise, the male gender is neutral and includes the female gender.K.The word "lot" includes the word plot or parcel.L.The word "abut" shall include the words "directly across from," "adjacent" and "next to."M.Whenever a governmental or nongovernmental agency is cited, it shall be construed to be followed by the words "or successor agency."N.If a word or term is not defined by this chapter but is defined in the Borough Subdivision and Land Development Ordinance (SALDO) or Zoning Ordinance, then the SALDO or Zoning definition shall apply. If a word or term is not defined in this chapter, the SALDO or the Zoning Ordinance, then the word or term shall have its plain and ordinary meaning within the context of the section. In the latter case, a standard reference dictionary should be consulted.2.Definitions. The following words and phrases, as used herein, shall have the meanings hereby ascribed to them, except in those instances when the context clearly indicates a different meaning:
- ANNUAL LICENSE
- A license granted to commercial tree companies that plan to prune, remove, or apply pesticides to trees over eight inches in diameter on private property or prune or apply pesticides to trees in the public areas in the Borough of Phoenixville. An annual license shall be obtained from the Department of Public Works, for a fee, upon showing proof of liability insurance in the amount of $500,000 and workers' compensation insurance as required by state law.
- ARBORIST
- The arborist/horticulturist of the Borough of Phoenixville, as supervised by the Borough Manager or his or her designee, or any urban tree professional employed or contracted by the Borough and designated with the responsibilities as set forth in this chapter.
- BOROUGH
- The Borough of Phoenixville, Pennsylvania.
- BOROUGH MANAGER
- The Borough of Phoenixville Borough Manager or his or her designee.
- CALIPER
- The measure of the diameter of the trunk of balled or burlapped nursery trees at a point six inches above the ground or 12 inches above the ground for trees over four inches in caliper. See also "DBH, diameter at breast height." It should be noted that "caliper" and "diameter at breast height" are both used in this chapter and carry different meanings and should not be used interchangeably.
- CARTWAY
- The paved surface of a street or alley available for use by vehicular traffic.
- COMMISSION
- The Tree Advisory Commission (TAC) of the Borough.
- COUNCIL
- The Council of the Borough of Phoenixville.
- DBH, DIAMETER AT BREAST HEIGHT
- The diameter of a tree at breast height, which shall be measured at 4 1/2 feet above ground. On multistem trees, the largest diameter stem shall be measured. See also "caliper."
- DEPARTMENT
- The Department of Public Works of the Borough.
- DIRECTOR
- The Director of the Department of Public Works or her/his designee.
- DRIPLINE
- An imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.
- NATIVE TREES
- Trees that are indigenous and original to a particular geographical area.
- NOTICE
- Either publication in one newspaper of general circulation, written notification sent by first-class mail to property owners immediately affected, or notification posted on the affected tree.
- NUISANCE
- Anything or act that annoys, unreasonably disturbs, hurts a person's use of his or her property, or violates the public health, safety and welfare.
- NURSERY
- A licensed plant or tree nursery whose trees are planted and grown for sale to the general public in the ordinary course of the licensee's business.
- PARK
- Includes all public parks within the Borough under the jurisdiction of the Department of Public Works.
- PERMIT
- Any permit, in writing, as issued by the Borough Manager or his or her designee.
- PERSON
- Any person, firm, partnership, association, corporation, company, or organization of any kind.
- PROPERTY OWNER
- The owner of record of a parcel of land.
- PUBLIC AREAS
- Includes any public right-of-way, including street; alley; avenue; boulevard; road, highway; freeway; lane; viaduct; and any other dedicated and accepted public right-of-way, and any public park, trail, greenway, recreational facility, or open space under the jurisdiction of the Borough, as well as any Borough agency, commission, and board.
- PUBLIC STREET
- Any public street, road, highway, public easement, sidewalk, alley, curb, lawn, or public waterway, and includes the entire width of any right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
- REAL PROPERTY
- Real property, sometimes referred to as "real estate," "realty" or "immovable property," is composed of any designated portion of land and anything permanently placed on or under it. The elements on or under the land can include natural resources and/or human-made structures.
- REGULATED TREE
- Any tree, shrub or other woody plant in a public area. For the purposes of this chapter, a regulated tree shall also include any tree, shrub or other woody plant located within any properly executed and recorded easement on private property.
- REMOVE OR REMOVAL
- To cut down a regulated tree or remove 50% or more of the crown, trunk or root system of a regulated tree, or to damage a regulated tree so as to cause the regulated tree to decline and/or die. It does not include normal trimming or pruning.
- REPLACEMENT
- The evaluation of planting a new regulated tree to replace the regulated tree that died or was damaged within the constraints of location, soil conditions, utilities and other factors to select the best tree for the location.
- REPLACEMENT TREE
- A tree planted to replace a regulated tree which is removed.
- RIGHT-OF-WAY (ROW)
- A line or lines delineating the extent or dimensions (usually expressed in feet) of the width of a public street or alley and which abuts two or more lots or property lines. The total width of any land used, reserved or dedicated as a street, alley, driveway, sidewalk or utility easement.
- SHRUB
- A multistemmed woody plant differing from a tree by its low stature and habit in branching from the base.
- TOPPING
- Severe cutting back of limbs to stubs larger than three inches in diameter within the regulated tree crown to such degree so as to remove the normal canopy and disfigure the regulated tree.
- TREE ADVISORY COMMISSION (TAC)
- The Borough of Phoenixville Tree Advisory Commission as appointed by Borough Council.
- TREE MANUAL
- The Borough of Phoenixville's regulations and standards for arboriculture work for the planting, care, and maintenance of trees and shrubs.
- TREE PROTECTION ZONE (TPZ)
- The TPZ extends from the trunk of a regulated tree to a distance equal to 12 times the trunk diameter of said regulated tree at breast height or to the regulated tree's dripline plus five feet, whichever distance is greater.
- TREE REPLACEMENT PLAN
- A tree replacement plan by Borough Council that divides the Borough into 12 sectors and beginning in 2018 through 2030 provides for the removal of a certain number of aged, dying, or damaged regulated trees so that a replacement regulated tree can be planted in order to ensure that each sector of the Borough remains sensitive to ecological and economic benefits and sustains a healthy regulated tree canopy. For the purpose of this chapter, this does not necessarily include the removal of regulated trees as requested by residents through the Tree Advisory Commission.
- TREE WORK
- Includes, but is not limited to, pruning, shaping, thinning, cabling, stump removal, root pruning, topping, fertilizing, removing, planting, and spraying for insect and disease control of a regulated tree requiring a permit as set forth herein.
- TREE WORK PERMIT
- A permit issued pursuant to section § 25-105 of this chapter.
- UTILITIES
- Those entities that provide electric, gas, sewer, water, telephone, communication, stormwater system, and cable services to properties within the Borough.
Ord. No. 2018-2288, 8/14/2018