Borough of Ephrata, PA Chapter 297 Trees

[HISTORY: Adopted by the Borough Council of the Borough of Ephrata as indicated in article histories. Amendments noted where applicable.]

Article I Shade Trees

[Adopted 1-11-1960 as Ord. No. 754; amended in its entirety 9-12-2022 by Ord. No. 1568]

§ 297-1 Definitions.

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.

BOROUGH

The Borough of Ephrata.

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.

§ 297-2 Applicability.

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.

§ 297-3 Street Tree List.

A. The Borough of Ephrata Street Tree List is an inventory of street trees which identifies classifications of trees by height at maturity and those of particular maturity and significance. The Street Tree List may be created and revised from time to time as deemed necessary by resolution of the Borough Council and shall be attached hereto as Appendix A and adopted and made a part of this article by reference. The Street Tree List shall also be on file and made available for public inspection in the Borough office.

§ 297-4 Shade Tree Commission.

A. Creation and membership.

(1) A Shade Tree Commission is hereby created which shall consist of three members, all of whom shall be residents of the Borough.

(2) Members of the Commission shall be appointed by Council for staggered terms of three years. The first member shall be appointed to serve one year. The second shall be appointed to serve two years and the third member shall be appointed to serve three years. Thereafter, each member appointed shall serve three years.

(3) The members of the Commission shall serve without pay, but they may be reimbursed for actual authorized expenses within the funds budgeted for such activities by Council.

(4) A vacancy on the Commission, which occurs for reasons other than the expiration of a term, shall be filled by Council for the unexpired portion of the term.

B. Organization, records and meetings.

(1) Members of the Commission shall elect a Chairman, Vice Chairman, and such other officers as they may determine necessary. All officers shall be eligible for reelection.

(2) The Commission shall keep a written record of its meetings in accordance with law. The Commission shall provide Council with minutes and annual or other reports of its activities, as may be requested or required.

(3) For the purpose of taking action, a quorum of two members must be present.

§ 297-5 Jurisdiction of Commission; reservation of powers.

A. The Commission shall serve as an advisory body to the Borough through its Codes Office and shall carry out such duties and provide recommendations to the Borough as set forth in this article.

B. Borough Council hereby reserves the following powers unto itself, its officers, employees, agents and contractors:

(1) Such power and authority as is reserved to it in the Pennsylvania Borough Code, 8 Pa.C.S.A. § 2720.

(2) Such power and authority as is reserved to it in the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 6112, to require owners of real property to remove any tree, plant, shrub or other similar obstruction, or part thereof, which by obstructing the view of any driver constitutes a traffic hazard.

(3) Such power and authority as is reserved to it in the Pennsylvania Borough Code, 53 P.S. § 46202(63), to accept, purchase and plant or contribute to the purchasing and planting of shade trees along the streets and sidewalks of the Borough.

(4) Such power and authority as is reserved to it in the Pennsylvania Borough Code, 53 P.S. § 47728, and this article to assess liens.

(5) Such power and authority as is reserved to it in the Pennsylvania Borough Code, 53 P.S. § 47728, to accept the petition of a majority of the property owners upon any public street and, after receiving the counsel of the Commission, thereupon ordain the planting and replanting of suitable shade trees along and upon the sides of such streets by the owners of property abutting the points designated in such ordinance.

(6) All powers and authority reserved to it under any other applicable law.

§ 297-6 Responsibilities and duties of the Commission.

A. The Commission shall advise the Borough through its Codes Office on the planting, maintenance and removal of trees. Such advice may include the following functions:

(1) To recommend and maintain an up-to-date tree list that includes an inventory of street trees which identifies classifications of trees by height at maturity and those of particular maturity and significance (Appendix A)[1];

[1] Editor's Note: Appendix A is on file in the Borough offices.

(2) To review shade tree planting, pruning, and removal requests when requested to do so by the Code Enforcement Office and to recommend approval or denial of such requests;

(3) To recommend methods to control diseases and pests damaging trees;

(4) To recommend methods for shade tree maintenance;

(5) To recommend and create public education/information program concerning the importance and care of shade trees;

(6) To recommend rules and regulations relating to shade tree planting, maintenance and removals;

(7) To determine the needs of the Borough regarding shade trees on public streets;

(8) To develop a shade tree plan for the scheduled planting of trees within the Borough's street rights-of-way and to recommend the priorities of such plantings and species of such trees;

(9) To recommend to the Borough Council the species and sizes of trees to be planted, and those that should be prohibited, within the public street right-of-way;

(10) To recommend to the Borough Council the species and sizes of trees to be planted beneath utility transmission lines or to be planted in any area which may affect utility transmission lines as identified in Appendix B[2] attached hereto, adopted and made a part of this article by reference and as may be subsequently revised from time to time by resolution of Borough Council;

[2] Editor's Note: Appendix B is on file in the Borough offices.

(11) To develop and maintain a public shade tree inventory spreadsheet;

(12) To disseminate news and information pertinent to tree issues to the public;

(13) To meet monthly or as necessary and include the code enforcement official in those meetings. This meeting may at the request of the Codes Office include the review of plans processed under the Borough's Subdivision and Land Development Ordinance (Ch. 281) and may also include other submissions processed under the Borough's Zoning Ordinance (Ch. 319). Any review comments of the Commission related to the plans shall be forwarded to the Code Enforcement Office within five days of the meeting;

(14) To identify grants and funding opportunities to plant more shade trees within the Borough;

(15) To provide budgetary recommendations to the Borough;

(16) To recommend removal of damaged and diseased trees;

(17) To maintain records of activities associated with the above duties; and

(18) To provide specifications on the proper planting, trimming, pruning and removal of trees, and the kinds of trees permitted for planting.

§ 297-7 Authority of Code Enforcement Official.

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.

§ 297-8 Permits required.

A. All street trees are subject to the permitting requirements of this article.

B. All trees and other plants planted outside of the public street right-of-way that encroach upon the public street right-of-way are subject to the permitting requirements of this article.

C. Borough departments; public utilities.

(1) Borough departments, agencies and authorities shall be exempt from permitting requirements when the work to be performed is completed by Borough personnel. All contractors performing work under contract for the Borough shall obtain all necessary permits. However, all work performed shall be performed in accordance with all applicable tree law.

(2) In the event that street tree work is necessitated by emergencies that preclude the normal application process provided for herein, such tree work permit shall be obtained on the first regular business day on which the Borough is open for business, and such permit shall be retroactive to the date when the work was begun. A person performing tree work for an emergency must verify the nature of the emergency, in writing, to the Codes Office within five days after such emergency.

§ 297-9 Permitting conditions.

A. No person shall plant, cut, trim, or remove any street tree as defined herein, or fasten any wire, rope, or other material to, around, or through any street tree without first obtaining a permit from the Borough. No electrical installations shall be attached to any street tree nor shall excavating of trenches or tunnels be dug or bored within 20 feet of any street tree without first obtaining a permit from the Borough.

B. Requests for permits must be submitted at least 15 days in advance of the time of work to be performed. Applications for permits shall be obtained at the Codes Office or online at ephrataboro.org. All permit applications shall state the number and species of trees to be trimmed, removed or planted; the address and location of the tree(s); the exact nature and description of the work to be completed; and any other information that the Codes Office shall find reasonably necessary.

C. Utilities or their contractors may apply for and receive blanket permits that will be valid for multiple locations for routine tree maintenance.

D. The permit fee shall be recommended by the Codes Office and submitted to the Borough Council for adoption by resolution. The fee amount shall be reviewed and adjusted from time by resolution of the Borough Council.

E. Whenever a person obtains a permit to remove a street tree for the purpose of construction or for any other reason, such person shall subsequently replace the tree within one year of the issuance of the tree removal permit at the expense of the person who obtained such permit. Permanent replacement trees shall meet the standards of size and species as provided for in the tree removal permit.

F. The application for such permit, shall be provided by the Borough and shall be signed by the owner of the abutting premises containing such tree or wherein such tree is proposed to be planted, and shall include the details of such planting, trimming or removal, whether by sketch or otherwise, and the same may be presented to the Commission, or to its administrative designee, for review and recommendations. Such work shall not be commenced until a permit shall have been secured.

§ 297-10 Denial and revocation of permits.

A. Denial.

(1) A request for a tree permit shall be denied if the information submitted is incomplete or erroneous or if the application fee is not remitted in full.

(2) A permit may be revoked at any time upon proof satisfactory to the Borough that any of the terms or conditions upon which such permit was issued are or have been violated.

(3) The Codes Office may deny a permit for the planting of any species of tree which is not suited to the proposed location or which may be identified as a prohibited species by the Commission.

(4) The Codes Office may deny a permit whenever a tree listed on the List of Street Trees (Appendix A)[1] is proposed for removal unless the applicant shall demonstrate that the tree cannot be preserved through reasonable care and maintenance methods.

[1] Editor's Note: Appendix A is on file in the Borough offices.

(5) The Codes Office may deny a permit whenever a tree not identified in Appendix B[2] is proposed to be located beneath a utility line or proposed to be located in any area determined to adversely affect a utility line.

[2] Editor's Note: Appendix B is on file in the Borough offices.

B. Revocation. The Codes Office may revoke a permit issued under the provisions of this article if it is determined that any false statement or misrepresentation of fact exists on the application or on the plans on which the permit was based in addition to:

(1) Violation of any condition of the permit.

(2) Violation of any provision of this article or any other applicable ordinance or law relating to the planting, trimming or removal of a shade tree.

(3) The existence of any condition or the committing of any act constituting or creating a nuisance or endangering the lives or property of others.

(4) Written notice of such revocation shall be served by personal delivery or by certified mail upon the person to whom the permit was issued or his agent or employee engaged in the work and posted on the property subject of the permit. Such notice shall also contain a brief statement of the reasons for revoking such permit.

§ 297-11 Duties and responsibilities of property owners.

A. It is the duty and responsibility of the property owner of property abutting streets and highways in the Borough of Ephrata to maintain street trees adjoining the owner's property. This includes trimming and other maintenance of trees, shrubs, and vegetation in a manner so as to not create a safety or liability issue for motorists, pedestrian traffic, bicyclists, or other activities within the right-of-way.

B. The owner of the real estate abutting the street where the work is to be done shall be responsible for trimming, transplanting, removal, and replacement of removed street trees in the tree lawns. In areas where tree lawns exist, the setback for tree planting shall be at a point halfway between the curb and the sidewalk whenever feasible. When not feasible, the trees shall be planted as close as practical to the location recommended by the Codes Office. Any alternate location must be approved by the Codes Office which shall consider any pertinent recommendations of the Commission.

C. The owner of the real estate abutting the street in areas without curbs and or sidewalks shall be responsible for trees and shrubs planted or growing from the edge of the cartway to the right-of-way. Trees in these areas shall be trimmed to conform to this article. All street trees and shrubs within the Borough must be trimmed in a manner to allow for full visibility of street signage and minimum required sight distances.

D. No person shall deposit, store, place or maintain any road salt, brick, sand, concrete or other material which will impede the free passage of fertilizer, water, or air to the root zone of a street tree.

E. No person shall install, erect or build any type of ornamental fencing, flower box, or root barrier around the base of a street tree; nor shall there be any additional ornamental personal items, or planted soil compacted on top of the roots of a street tree.

F. Except for those areas which shall be the responsibility of the Borough as designated in Appendix B[1] attached hereto, the cost of planting, transplanting, trimming or removing any shade tree or the necessary guardrails, curbing or grading for their protection and of the replacement of pavement or sidewalk necessarily disturbed in the execution of such work shall be paid by the owners of the real estate abutting the location of the work.

[1] Editor's Note: Appendix B is on file in the Borough offices.

G. In the event that the Borough undertakes the work described in this section, costs shall be certified, assessed against the abutting property owners and collected as provide by law.

§ 297-12 Planting of trees.

A. Planting of new tree in place of one removed.

(1) As a condition to any permit to remove any street tree, the permittee shall plant, at the permittee's own expense, another tree in place of the one removed. The permittee shall provide the following information:

(a) The type of replacement tree to be planted, and whether or not the proposed replacement tree complies with the requirements of this article and any applicable Borough Street Tree List (Appendix A[1]) or other authorized tree species listed in Appendix B[2];

[1] Editor's Note: Appendix A is on file in the Borough offices.

[2] Editor's Note: Appendix B is on file in the Borough offices.

(b) The size and location of the tree to be planted; and

(c) The time within which the work shall be done.

(2) Replacement of a street tree shall take place within one year from the date of removal. Replacement may not be required if the replacement tree will have a detrimental effect on traffic within the right-of-way or on underground utilities. The Commission may recommend and the Code Office may, in certain cases, suggest alternate replacement trees or alternate planting locations if the proposed site will not properly accommodate the replacement tree.

B. Spacing and location of trees.

(1) Spacing between newly planted street trees shall be a minimum of 40 feet and a maximum of 60 feet apart on center for medium- or large-sized trees. Small trees shall be spaced a minimum of 20 feet apart on center and a maximum of 50 feet apart on center.

(2) No street tree shall be planted within 20 feet of the extension of the curbline at an intersection of minor streets. However, no tree shall be planted in a tree lawn within 65 feet of the near edge of a roadway intersection, unless the speed limit of both roadways is 35 miles per hour or less.

(3) In addition to the restrictions established under § 297-9 of this article, no street tree shall be planted less than 12 feet from a fire hydrant, light standard, or utility pole and shall not be planted within three feet of a property line perpendicular to the street or common drive right-of-way.

C. Size specifications for tree planting and tree replacement.

(1) For commercial property and streets within any new developments subject to Ch. 281 (Subdivision and Land Development), street trees shall be a minimum of two-inch caliper and a maximum of four-inch caliper measured six inches above the root collar. Street trees shall have no branches below a height of six feet measured from the ground level.

(2) Residential property owners may choose to plant trees with a smaller caliper upon the recommendation of the Commission and approval of the Codes Office.

D. Planting under existing utility lines. All trees planted under overhead utilities shall be a species which does not obstruct the wires. Such trees shall be small trees, as listed in Appendix B[3] attached hereto, and approved by the Codes Official.

[3] Editor's Note: Appendix B is on file in the Borough offices.

E. Root zone controls. The Codes Official may require root control devices or material to minimize the effect of root growth on sidewalks, curbs, or underground utilities.

§ 297-13 Repair, trimming and pruning of trees.

A. Repair or replacement of damaged trees. In the event a street tree is damaged, and the Borough makes related repairs, the Borough may charge for repairs or replacement of the tree or make a charge for the appraised value of the tree, as determined by the Codes Official, against the person responsible for the damage to the tree. This section shall not apply to trees damaged during the emergency repair or maintenance of utilities.

B. Manner of trimming or pruning. All trimming and pruning of street trees shall be performed in a manner to ensure natural growth of said tree and a natural appearance. Contractors and property owners pruning street trees within the Borough are required to obtain a permit and notify the Codes Official prior to pruning. All work shall be performed in accordance with accepted arboricultural standards.

C. Clearance of trees and hedges over public walks and roadways.

(1) All branches of street trees and those trees located outside the public street right-of-way shall be kept trimmed in a manner to maintain a minimum height of eight feet where they overhang a public sidewalk. Street tree branches shall be kept trimmed to a minimum height of 14 feet where they overhang a street or alley.

(2) All street trees, as well as those standing on private property, having branches overhanging streets or public walks shall also be kept trimmed by the owner to the above standards or to such other height as may be specified by the Codes Official.

(3) Hedge plantings shall be kept trimmed in a manner so as to not encroach over the paved surface of the street or public walk.

(4) In the event the property owner neglects or refuses to maintain trees and hedges at the prescribed level, within the time specified when notified, in writing, the Borough may perform such work at the owner's expense and obtain costs thereof as specified in this article.

D. Branches shall not obstruct streetlights. The property owner shall trim, or cause to be trimmed, any tree branches so that they do not obstruct illumination from streetlights. In the event the property owner neglects or refuses to maintain trees in accordance with this section, within the time specified when notified, in writing, the Borough may perform such work at the owner's expense and obtain costs thereof as specified in this article.

E. Hazardous trees and branches. Where hazardous trees or branches overhang the cartway of a street or are growing within the right-of-way, the Borough may require the property owner to remove them so as to maintain public safety within the right-of-way. In the event of an emergency or hazardous situation, the enforcement official may require them to be removed within 24 hours. In the event the property owner neglects or refuses to remove trees and branches as required in this section, within the time specified when notified, in writing, the Borough may perform such work at the owner's expense and obtain costs thereof as specified in § 297-18 of this article.

§ 297-14 Removal.

A. Standards for removal of trees.

(1) When, in the judgment of the Code Official, sufficient disease, insect damage, decay or other damage exists so as to create a threat to pedestrians or the motoring public, the Code Official may, upon 30 days' written notice, require a property owner to cut and remove such trees within the Borough under regulations prescribed by this article. In the event the property owner neglects or refuses to remove trees as required in this section, within the time specified when notified, in writing, the Borough may perform such work at the owner's expense and obtain costs thereof as specified in this article.

(2) Nondiseased trees or those not infested by damaging insects shall not be removed unless, in the judgment of the Commission or the Codes Official, one or more of the following criteria exists:

(a) Where underground utilities are being installed, or repaired, and no other alternative exists such as tunneling, sleeving, or relocation, and the tree will sustain substantial damage so as to not survive.

(b) For traffic safety purposes, to include sight distance and traffic sign visibility, if pruning cannot eliminate the problem.

(c) During repair of damaged sidewalks, consideration shall be given to variations in widths of pavement to allow for tree growth. In those cases where major root damage would be incurred when replacing pavement so as to irreparably damage a tree, relocation of the sidewalk may be considered.

(d) Removal of trees under overhead utilities will be considered if pruning will consist of removal of 2/3 or more of the crown (topping), thereby causing irreparable damage to the tree. A tree removed under such circumstances shall be replaced with a tree from the small tree list.

B. Removal of fallen trees and parts of trees. In the event a shade tree or its parts are felled by storm or other accident, the tree shall be removed from the right-of-way of a street by the Borough. Property owners shall be responsible for any removal or cleanup not within the right-of-way, as well as tree replacement if the damaged tree was a street tree within the right-of-way. In the event the property owner neglects or refuses to remove trees and branches as required in this section, within the time specified when notified, in writing, the Borough may perform such work at the owner's expense and obtain costs thereof as specified in this article.

C. Removal of tree stumps. As street trees are removed for various reasons, the stump remaining shall be removed to a point not less than six inches below the grade of the tree lawn from where it is being removed. If the replacement tree is to be planted in the same location, the stump shall be removed to accommodate the replacement tree.

§ 297-14.1 Unnecessary harm to trees prohibited.

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.

§ 297-14.2 Contractor licensing.

All contractors utilized for street tree work in Ephrata Borough shall possesses all licensing required by local, state, or federal regulations.

§ 297-14.3 Deviations from strict compliance.

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.

§ 297-14.4 Collection of costs for work done by Borough.

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.

§ 297-14.5 Appeals.

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.

§ 297-14.6 Violations and penalties.

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.

§ 297-14.7 Amendments.

This article or any part thereof may be amended from time to time in accordance with the procedures established by law.

§ 297-14.8 Municipal immunity; liability for damages.

A. In addition to all other immunity which exists at law or in equity, nothing contained in this article shall create an obligation or duty upon the Borough. No pedestrian, passenger, driver, owner of property, or any person claiming an interest otherwise affected by provisions of this article shall have any claim against the Borough for failure to perform any duty or for performance in a negligent manner.

B. This article shall not be construed to hold the Borough of Ephrata, the Borough Council, the Borough Manager, the Shade Tree Commission, or any of their respective officers, employees, or their appointed agents (collectively referred to as "municipal parties") responsible for any damages, injuries, loss or death to person, persons or property by reason of any activity, omission or commission, or act by municipal parties authorized herein or otherwise arising under this article. The approval of any tree or type of tree shall not constitute a representation, guaranty or warranty of any kind or nature by the municipal parties and shall create no liability upon, or a cause of action against, the municipal parties for any damage or loss.

Article II Interference with Electrical Facilities

[Adopted 2-5-1934 as Ord. No. 352; amended in its entirety at time of adoption of Code[1]]

[1] Editor's Note: See Ch. 1, General Provisions, Art. I.

§ 297-15 Interference with electric wires, lines and poles prohibited.

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.

§ 297-16 Trimming of trees.

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.

§ 297-17 Violations and penalties.

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.