[Adopted 1-11-1960 as Ord. No. 754; amended
in its entirety 9-12-2022 by Ord. No. 1568]
For the purpose of this article, the following terms shall have
the following meanings:
APPLICATION
The written request of a person made upon forms furnished
by the Code Enforcement Office for authority to perform specific functions
to existing or planned shade trees.
CALIPER
The diameter in inches of the tree trunk 12 inches above
the base of the tree at ground level.
CARTWAY
That portion of the street or highway used for vehicular
traffic. The cartway includes the shoulders and on-street parking
but does not include the tree lawn and sidewalks.
CODES OFFICE
The Codes Enforcement Office of the Borough of Ephrata or
codes officials or officer(s) or entity(s) designated by the Borough
Manager or Borough Council to enforce the provisions of this article.
COMMISSION
The Shade Tree Commission of the Borough of Ephrata.
COUNCIL
The Council of the Borough of Ephrata.
HAZARDOUS TREE
A tree with structural defects likely to cause failure of
all or part of the tree, meaning it could strike a vehicle, building,
or place where people gather.
MANAGER
The Manager of the Borough or his/her designee.
NEW TREE
Any tree planted in a public street right-of-way, except
a replacement tree.
PERMIT
A written form issued by the Code Enforcement Office granting
authority to plant, prune, or remove a shade tree according to the
standards and specifications of the Borough.
PERSON
Any individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
PROPERTY OWNER
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in real property or recorded in the
official records of the commonwealth, county, or Borough as holding
title to the property or otherwise having control of the property,
including the guardian of the estate of any such person and the trustee,
executor, or administrator of the estate of such person, if authorized
by law to take possession of real property or if ordered or authorized
to take possession of real property by a court. This term shall also
apply to any person, legal entity, or agent responsible for the construction,
maintenance, or operation of the subject property.
PUBLIC RIGHT-OF-WAY
An area of land encumbered by reservation, dedication, forced
dedication, prescription, or condemnation that is occupied or intended
to be occupied by a public street, walkway, trail, or other public
way.
PUBLIC TREE
Any tree located in a public street right-of-way subject
to the provisions of this article. Public trees are also known as
"shade trees."
REPLACEMENT TREE
A tree planted in a location formerly occupied by another
tree within a public street right-of-way.
ROOT ZONE
The area of soil and oxygen surrounding the roots of a plant.
SHADE TREE
Any shade tree, shrub or other woody plant growing within
or extending within the right-of-way lines of any public right-of-way
lines of public highways, streets and alleys within the Borough of
Ephrata in the Borough; a street tree; a public tree.
SHRUB
A woody plant with several stems, having its growth starting
at or just above the ground level.
SIGHT DISTANCE
A line of unobstructed vision between two points of specified
height above the center line of a street, the length of which shall
be of a minimum specified distance.
STREET
The public streets, highways, roads, avenues, alleys and
similar areas, including public walkways appurtenant thereto, to the
extent of the public right-of-way in such areas. A shade tree shall
be deemed to be in such an area when a portion of its trunk at its
base is therein.
STREET TREE
Any tree located within the right-of-way of the public streets
and highways of the Borough. A street tree is also referred to as
a "shade tree" in Article 281, Subdivision and Land Development.
TOP or TOPPING OF THE TREE
The indiscriminate and drastic cutting back and/or removal
of the tree's branches/limbs, leaving large stubs that die back
that cause major internal decay and rot. Topping causes a slow decline
in the tree health and creates future hazardous trees due to the internal
decay and rot that damages the tree.
TREE
Any woodland plant having one or more erect perennial stems
or trunks that at maturity is at least three inches in diameter when
measured at four feet above the root crown.
TREE LAWN
That part of the street or highway right-of-way adjacent
to developed property, not covered by sidewalk or other paving, lying
between the property line and curbline, or if no curb exists, the
edge of the cartway.
The regulations and provisions of this article shall apply to
1) all street trees located within a public street right-of-way; 2)
all trees or other plants located outside of the public street right-of-way
that overhang or otherwise encroach upon any public street right-of-way;
and 3) all trees identified and included in the Borough of Ephrata
Street Tree List as may be hereinafter established and revised.
The Code Enforcement Official shall have the authority to enforce
standards in regard to planting, maintenance, removal, replacement,
fertilization, pruning, and bracing of trees within or encroaching
upon the rights-of-way on public streets within the Borough, and shall
direct, regulate, and control the planting, maintenance, and removal
of all trees growing now or hereafter in within or encroaching upon
the rights-of-way on public streets within the Borough.
No person shall break, injure, mutilate, kill, destroy, set
fire to, or allow fire to burn any shade tree within the street right-of-way.
No person shall allow any toxic chemical, liquid or solid, to empty,
drain, or seep into the root system of shade trees within the street
right-of-way.
All contractors utilized for street tree work in Ephrata Borough
shall possesses all licensing required by local, state, or federal
regulations.
Pursuant to the provisions of Chapter
4 of the Code of the Borough of Ephrata, the Ephrata Borough Property Maintenance and Codes Appeals Board may grant a waiver or modification of the requirements of one or more provisions of this article if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this article are observed. All requests for waivers or modifications shall be in writing and shall state in full the grounds and facts of unreasonableness or hardship upon which the request is based, the provision or provisions of the Ordinance involved, and the minimum modification or alternative design necessary to lessen the unreasonableness or hardship. If the Ephrata Borough Property Maintenance and Codes Appeals Board denies the request, the applicant shall have the right of appeal, within 30 days of the denial of the waiver or modification, to the Court of Common Pleas of Lancaster County.
Payment of costs for work done by the Borough as authorized
herein upon the failure of the property owner to comply with a notice
issued by the Borough enforcement official shall be due and payable
30 days after invoice by the Borough to the property owner. If the
property owner does not pay for the cost within 30 days, the cost
shall be considered an assessment against the property, and the Borough
Solicitor may file a lien against the property to ensure payment as
may be provided by law or may file an action in assumpsit for the
same purpose.
Any person aggrieved by a notice, determination, refusal, act or failure to act issued, taken or omitted under this article shall have the right to appeal to the Property Maintenance and Codes Appeals Board, pursuant to the provisions of Chapter
4 of the Code of the Borough of Ephrata. In all cases, the aggrieved party shall be given personal notice by regular mail of the date, time and place of the meeting, which notice shall generally specify the rights granted to the party under law. Any person aggrieved by a decision of the Ephrata Borough Property Maintenance and Codes Appeals Board shall have the right to appeal said decision to the Court of Common Pleas of Lancaster County within 30 days of the date of said decision. Should no appeal be filed, the cost of the work and any penalty imposed by the Borough shall be certified by the Borough Council to be thereafter filed as a municipal lien as set forth in this article and as provided by law.
It shall be unlawful for any person to carry out any of the activities requiring a permit or an approval in accordance with this Ch.
297 without first obtaining a permit or approval. Violation of any provisions of this Ch.
297 by any person, property owner or tree contractor shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to payment of a fine not less than $100 and not more than $1,000, plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county jail for a period of not more than 30 days. Each section of this Ch.
297 shall constitute a separate offense, and each day or part of a day in which a violation of each section of this Ch.
297 is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county jail for a period of not more than 30 days. In addition to the fines set forth herein, the Borough shall be entitled to reasonable attorneys' fees and costs incurred in enforcing this Ch.
297. The said fees shall be added to any fines set forth above.
This article or any part thereof may be amended from time to
time in accordance with the procedures established by law.
[Adopted 2-5-1934 as Ord. No. 352; amended
in its entirety at time of adoption of Code]
It shall be unlawful for any property owner
to allow any tree, branch or part thereof to be closer than six (6)
feet to any wire, line or pole belonging to the Electric Department
of Ephrata Borough.
Whenever any tree, branch or part thereof is
closer than six (6) feet to any wire, line or pole belonging to the
Electric Department of Ephrata Borough, the Superintendent of the
Electric Department is hereby empowered to trim said trees in such
a manner as to comply with this Article.
Any person, firm or corporation who or which
shall violate any provision of this Article shall, upon conviction
thereof, be sentenced to pay a fine of not more than six hundred dollars
($600.), plus costs of prosecution, and, in default of payment thereof,
shall be imprisoned for a term not to exceed thirty (30) days. Every
day that a violation of this Article continues shall constitute a
separate offense.