A proposed redraft of a tree ordinance caused an eruption of protests from concerned residents last Thursday night at the Washington Township Board of Supervisors meeting. 

            Recently, Washington Township spent approximately $110,000 of public tax money to remove dead trees in the township right of way.  The first draft of the tree ordinance required property owners–at their expense–to remove dead trees that were not in the public cartway, but impacted the public right of way.  The trees were expected to be removed within five days of a written notice from Washington Township. If the trees are not removed, the township could put a lien on the property.

            After a great deal of argument from the public, the supervisors requested that Solicitor Joan London redraft the ordinance. 

            The second draft of the ordinance required property owners to remove dead trees and tree limbs on utility lines, whether near public roads or not.  The redrafted ordinance required notice to be sent to a property owner with a tree near utility lines to remove the tree within a short period of time.  If the tree is not removed, the township could contract to remove it and the property would have a lien placed on it.

            Additionally, the property owner faced the penalty of a $1,000 fine and the cost of prosecution.  If the property owner defaulted on the payment of the fines, the property owner could be imprisoned for up to 30 days.  The explanation from the board of supervisors was that it is very difficult to require Windstream and Comcast, who service Washington Township, to remove trees from their lines.

            Washington Township property owner Joseph Kincaide III explained at the meeting that right-of-way agreements with utility companies mandate that utilities remove dangerous trees, not property owners.  Kincaide noted that while Windstream and Comcast will not remove trees from their utility lines, a company called Denver Ephrata (D&E) is responsible for Windstream's utility lines. 

            Another resident argued that tree removal companies will not service a property when trees are leaning or impacting utility lines. 

            Resident Dan Stauffer noted that if the ordinance was enacted, the township and the board of supervisors individually would be liable if a property owner was injured while removing trees from utility lines.  Stauffer said, "This is the most ill-conceived ordinance I have ever read." 

            He observed that if the ordinance is enacted, "The public gets the benefit of the roads.  Utility companies make a great deal of money.  They will receive a huge benefit if property owners are required to remove trees on utility lines." 

           Solicitor London will contact D&E's legal department to ascertain what D&E's obligations are concerning trees on utility lines.  London assured the public the redrafted ordinance was not advertised nor was it approved by the supervisors to be advertised.

            Residents expressed concern that they had a difficult time obtaining the redrafted tree ordinance.  Several claimed they were told to file a "Right To Know" request with the township open records officer.  However, the township did provide copies of the redrafted tree ordinance to several residents. 

            The township has five days according to Pennsylvania Right To Know law to provide requested information.  A denial of a request can take up to 30 days.  If denied, a citizen can appeal the denial to the Office of Open Records (OOR).  It is possible an appeal from the OOR denial can be filed within 30 days with the Court of Common Pleas in the county where the municipality is located. Citizens who have concerns about open records can contact the Office of Open Records at 717-346-9903 or through its website (www.openrecords.pa.gov)

            An additional concern of the residents at the meeting was that the board of supervisors agenda was not posted in a timely manner.  Municipalities are required to post their agenda 24 hours prior to an official municipal meeting.