§ 25-117. Easements.

The Borough is authorized to accept easements from property owners to plant and maintain trees on private property where there is insufficient space for mature trees within the public right-of-way. All easements shall be within 12 feet of the boundary of a public right-of-way and visible from said right-of-way, or as determined by the Borough. Such easements shall be in writing, in a form acceptable to the Borough, properly executed, and acknowledged by such property owners, and shall be recorded in the office of the Chester County Recorder of Deeds. The Borough shall have the right to authorize the planting and maintaining of regulated trees within said easement, which shall be deemed a public area insofar as the trees situated thereon are concerned. The property owner shall have the right to use and occupy the area within the easement in any manner not inconsistent with the grant stipulated in the easement agreement, except that the property owner shall have no right to plant regulated trees or other plantings except ground covers, or to erect any structures within said area, without prior approval of the Borough. The property owner shall be required to maintain any lawn or ground cover within said area and to notify the Arborist in the event of damage or a dangerous condition caused to or by the regulated trees.

Ord. No. 2018-2288, 8/14/2018