A. Intent. For the purposes of this Part, all words used in the present tense include future tense and all words used in the future tense include present tense. All words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the sentence dictates otherwise. The word "shall" is mandatory and not directory. The word "located" includes "designed, intended or arranged to be located."
B. Specific words and phrases defined. As used in this part, the following terms shall have the meanings indicated:
ARBORIST -An individual certified by the International Society of Arborculture in the field of arborculture and who is designated by the City of Reading to enforce the provisions of this Part.
CARTWAY - That portion of the right-of-way located between curblines.
CITY - The City of Reading.
COMMISSION - The Shade Tree Commission of the City of Reading.
COMMISSIONER - A member of the Shade Tree Commission.
COUNCIL - The governing body of the City of Reading.
CURBLINES - The lines in the right-of-way, constructed or proposed, which separate the portion of the public right-of-way dedicated to vehicular traffic from that portion dedicated to pedestrian traffic. The official City map on file in the office of the City Engineer shall be the final authority on the location of curblines should a dispute arise.1
DEPARTMENT - The Department of Public Works of the City of Reading.
DIRECTOR - The Director of the Department of Public Works or his/her designee.
PEDESTRIANWAY - That portion of the public right-of-way which exists between the curbline and the property line.
PERMIT, SHADE TREE - A certificate issued by Council or its designee for the planting, transplanting, cutting, trimming or removal of any tree governed by the provisions of this Part, or for the fastening of any sign, wire, rope or other materials to, around or through any tree, or for the deposition, placement, storage or maintenance of any stone, brick, sand, concrete or other material which might impede the free passage of water, air or fertilizer to the roots of any tree governed by the provisions of this Part. In this Part, when the word "permit" appears alone, the word shall be construed to mean "shade tree permit."
PERMIT, SIDEWALK - A certificate issued by Council or its designee for the construction, reconstruction, modification or removal of any sidewalk governed by the provisions of the Reading City Sidewalk Ordinance (Chapter 508, Part 5). Council may, at its option, allow a sidewalk modification under the shade tree permit, insofar as such sidewalk modification is necessary for the planting, transplanting, removal or protection of any tree governed by the provisions of this Part.
PERSON - Any individual, firm, partnership, association, company or corporation, public or private or other legal entity, whether as a single entity or a combination of one or more entities.
PROPERTY LINE - Any of the lines forming the front, rear and sides of lots as described in the recorded title.
PUBLIC AREA - Any public right-of-way, park or other publicly owned property or easement under the control of the City.
PUBLIC RIGHT-OF-WAY - The total width of any land reserved or dedicated to the public use, including any street, but not including alleys or utility easements. Streets may be commonly known as boulevards, highway, places, terraces, avenues or other similar terms. The official topographic survey map of Reading, Pennsylvania, on file in the office of the Director of Public Works, shall be the final authoritative document should the existence of any street, dedicated or not be disputed.
SHADE TREE - Any tree located in any public area, herein defined, or which at maturity would protrude into a public area, or to any tree located on property of special interest to the City by right of Chapter 600, Zoning, or any other ordinance.
STREET LINE - The street line is that line determining the limit of vehicular right, either existing or contemplated, in a public right-of-way. Specifically, the street line is that line separating the cartway from the pedestrianway. The street line may also be referred to as the "curbline."
TOPPING - The severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
1. Editor's Note: The original definition of "Director of Finance," which immediately followed this definition, was repealed 6-13-2011 by Ord. No. 26-2011.