Township Tree Damage/Removal Q&A - July 2020
Recent storms with heavy winds and rains resulted in significant damage due to entire trees and large tree branches that fell during these storms. This resulted in many questions from residents about the Township’s response to tree damage and the legal rights of residents impacted by tree damage.
There were a number of different questions raised and each question requires a different response. Below is a summary of frequently asked questions received by the Township along with a response to each question.
There were a number of occasions where Township staff responded to a downed tree blocking a road but failed to remove the tree from the roadway. Why can’t the Township immediately remove every tree that is blocking a road?
If a tree falls and a PECO line also comes down with the tree or is attached to the tree, Township staff cannot remove the tree until PECO is notified and responds to deactivates any electricity serving this line. Attempting to remove a tree prior to electric being turned off could result in electrocution of the workers. During a large storm, it can take from a few hours to a few days for PECO to respond depending on the number of outages they are experiencing.
Why wasn’t Township staff able to remove all of the trees from roadways the day after the storm that didn’t involve PECO lines?
The recent storms resulted in downed trees blocking many roadways. There were close to 250 locations with trees down involving PECO lines. The Township’s Shade Tree Division did have roads open the following day that did not involve PECO wires. It took close to a week working between 14 to 16 hours per day to clear all of the trees blocking roadways.
If a tree falls from a private property into a roadway, who is responsible to remove the tree?
Although this tree removal is the responsibility of the property owner, the Township will remove sections of the tree blocking a roadway to provide for safe traffic flow on the road. Township staff will make sure the area is safe and leave the balance of the tree removal for the private tree removal company hired by the property owner.
If a branch or an entire tree located on my neighbor’s property falls onto my property, who is responsible for the tree/branch removal?
Every property owner is responsible for the removal of downed trees or tree branches on their property, regardless of the location of the tree prior to falling. You are responsible for any sections of the tree that falls onto your property. Although this is the legal obligation, we suggest both property owners work together to arrange for the removal of the tree.
Can I trim the tree branches that hang over onto my property?
Yes, tree branches that extend onto an adjacent property can be trimmed to the property line providing the trimming doesn’t kill the tree.
Can the Township require trees to be trimmed when they are overgrown?
The Township does not have the authority to order overgrown trees to be trimmed unless they extend into the public right of way.
If a tree has died, can the Township order the removal of a dead tree?
The Township can order the removal of a dead tree but the tree has to be dead. Trees showing any signs of growth cannot be considered a dead tree unless an independent arborist is hired by the property owner to document the condition of the tree.
If the property owner fails to remove a dead tree, what enforcement measures can be taken to force the property owner to remove the dead tree?
The Township can fine the property owner for failure to remove the dead tree. The Township can also seek court approval to remove the tree and file a lien against the property owner for all costs associate with the removal of the tree.
When is a tree considered a Township tree?
Trees located within a public road right of way are considered Township trees. The public right of way varies by street but public road right of ways generally includes the area between the curb line and a range generally 10 to 15 feet inside the curb line. Street trees are all inventoried in the Township’s GIS computer system. A property owner who wishes to determine whether a specific tree is within the right-of-way may obtain this information from the Township Arborist at 610-726-7141.
Can the property owner remove a Township tree?
A property owner must obtain permission from the Township’s Shade Tree Commission to remove a Township tree. The care and maintenance of all Township street trees falls under the jurisdiction of the Shade Tree Commission. The Shade Tree Commission consists of not more than nine volunteer Township resident members appointed by the Board of Commissioners.
If a Township tree has died, who is responsible for removal of the tree?
The Township is responsible for the removal of dead Township trees. If you believe a Township tree has died or is in poor condition, you should report it to the Public Works Department. A Shade Tree Division employee will perform an inspection and determine if the tree should be trimmed or removed.
The cost of removal of a dead street tree can be assessed against the abutting property (as can the cost of planting the tree) – however the Township hasn’t historically elected to impose that expense.
Who is responsible to trim a Township tree?
The Township’s Shade Tree Division is responsible for trimming Township trees.
Who is responsible for trees located in a right of way on a private street?
The owner of the property where the tree is located responsible to all trimming or tree removal.