Township of East Pennsboro, PA
Cumberland County
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Table of Contents
Table of Contents
Public Documents

§ 25-101 Purpose.

[Ord. 757-2009, 7/1/2009]
To recognize the significance and importance that trees, shrubbery and flora landscapes contribute to the founding character and history, development and ecological attributes of the neighborhoods, communities, recreational areas and lands of the Township of East Pennsboro, this Part is intended to give awareness for the protection, preservation, promotion and enhancement of proactive green management and planning. The efficiencies gained through such a program complement energy conservation, enhance air and water qualities providing natural aesthetics in balancing sight, sound, and light migrations.

§ 25-102 Definitions.

[Ord. 757-2009, 7/1/2009]
The following words and phrases, as used herein, shall have the meanings hereby ascribed to them, except in those instances when the context indicates a different meaning:
PARK
Includes all public parks having individual names.
PERMIT
Any permit, in writing, as issued by the Township.
PERSON
Any natural person, firm, association, partnership, or corporation or their servants, agents, or employees.
PUBLIC PLACES
Includes all other grounds owned by the Township of East Pennsboro.
PUBLIC STREET, HIGHWAY, AVENUE, OR LANE
Any street, sidewalk, avenue, or lane open to the public within right-of-way lines thereof.
SHADE TREE
Any tree, shrub, or other woody plant in or upon any public street, highway, avenue, or lane in the Township of East Pennsboro, or that part of any tree, shrub or other woody plant which extends within the lines of any public street, highway, avenue, or lane in the Township of East Pennsboro.

§ 25-103 Permit Required.

[Ord. 757-2009, 7/1/2009]
No tree shall be replanted or removed in or upon any public street, highway, avenue, or lane without a written permit from the Township. All work required to be done under any permit issued hereunder shall be completed within the time period specified, but not to exceed three months from the date issued unless the time period has been extended by the Township.

§ 25-104 Application for Permit.

[Ord. 757-2009, 7/1/2009]
1. 
The application for any permit required hereunder shall be made, in writing, to the Township. Such permit shall describe the work to be done, specify species or variety, size, and location and briefly specify the method of planting and method of support. The Township shall have the authority to designate a suitable type of tree and may refuse a permit to plant any type of tree which, in its opinion, is not suitable to the location. The permit may be revoked at any time upon proof satisfactory to the Township that any of the terms or conditions upon which such permit was issued are or have been violated.
2. 
The Township in its discretion may, as a condition precedent to issuance of a permit, require a contractor authorized by the homeowner to plant a tree to guarantee said tree for a period of one year against defects in materials or workmanship. If death of the tree results within this time period and for the aforementioned reasons, the contractor will incur the cost of removal, new tree cost and replanting for each tree planted.
3. 
A contractor hired to remove a tree shall be liable for injury to persons or for damage to property resulting from removal.

§ 25-105 Notice to Remove Tree; Lien.

[Ord. 757-2009, 7/1/2009]
Any person owning a street tree which is deemed by the Township to be a danger to public welfare and property will be requested, in writing, to remove such tree within a time period specified. If the property owner shall neglect or refuse to remove such tree as required by this section within the time period specified in such notice, the Township may cause such removal to be done at the expense of the property owner, and the entire cost thereof shall be a lien upon said premises, and a claim therefor shall be filed and collected by the Township Solicitor in the same manner as municipal claims are filed and collected.

§ 25-106 Planting Provisions.

[Ord. 757-2009, 7/1/2009]
No tree shall be planted in or upon the public streets, highways, avenues, lanes, or sidewalks within five feet of any driveway. No tree shall be planted closer than 25 feet in any direction from the point of intersection of any two public rights-of-way lines, and a distance of 30 feet must be maintained from any stop sign unless written approval from the Township is given. A distance of 30 feet shall be maintained on streets which are state highways.

§ 25-107 Care Provisions.

[Ord. 757-2009, 7/1/2009]
1. 
Trimming.
A. 
All shade trees shall be kept trimmed by the owner such that the minimum clearance where they overhang any public walks shall be nine feet and the minimum clearance where they overhang any public street, highway, avenue, or lane shall be 12 feet.
B. 
If any property owner shall neglect or refuse to trim any shade tree as required by this section upon notice, in writing, by the Township within the time limit specified in such notice, the Township may cause such trimming to be done at the expense of the owner, and the entire cost thereof, plus 10%, shall be a lien upon said premises, and a claim therefor shall be filed and collected by the Township Solicitor in the same manner as municipal claims are filed and collected.
2. 
No person shall, cut, break, climb with spurs, injure in any manner, or remove any shade tree; or cut down or interfere in any way with the main roots of any shade tree; or place any rope, guy wire, cable, sign, poster, or any other fixture on any shade tree or guard for any shade tree; or injure, misuse, or remove any device placed to protect any shade tree, except in case of immediate necessity for the protection of life and property.

§ 25-108 Protecting Trees During Construction.

[Ord. 757-2009, 7/1/2009]
In the erection or repair of any buildings or structure, the builder, contractor, or owner thereof shall place such guards around all the nearby trees on the public highways as shall effectually prevent injury to them.

§ 25-109 Violations and Penalties.

[Ord. 757-2009, 7/1/2009]
Any person who shall violate or fail to comply with any of the provisions of this Part shall be liable, upon conviction thereof, shall be sentenced to a fine not to exceed $1,000 plus costs. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. Whenever such person shall have been notified by the Township or the Township by service of summons in prosecution or in any other way that he is committing such violation, each day in which he shall continue such violation after any such notification shall constitute a separate offense punishable by like fine or penalty. The fines or penalties shall be collected as prescribed by law.