Township debates rewrite of tree-removal rules, vendor registration and fines

The Township of Washington council on July 14 reviewed a proposed rewrite of the borough's tree-removal ordinance that would require tree contractors to register with the township, require permits for many removals and set civil penalties at the state cap of $2,000 per tree. The change is meant to make the ordinance clearer, to give the clerk's office a formal role in processing permits and notices, and to create enforcement tools including possible revocation of vendor registration, council members and staff said. Township attorney-level counsel explained the intent: "The penalty for doing something inappropriate or not getting the permit is is $2,000 per tree," the presenter said during a lengthy discussion of fines and enforcement. The draft also would require arborist documentation for the removal of heritage trees and for larger-scale removals, and would limit property owners to removing up to three non-heritage trees in a 12-month period with a permit. Supporters said vendor registration and permit requirements are intended to reduce repeated, unpermitted removals. "If a violation is issued against the resident," a council member asked, "will a fine be issued against the tree company also?" Staff answered that the draft can and should be written so contractors may be charged and, in addition, have their registration revoked. Opponents and some council members said penalties and procedures need clarification and careful drafting to match state law. Council members noted past cases in municipal court that led the township to follow the state-imposed fine cap; a legal adviser said the township must align the ordinance with the state model to ensure enforceability in court. The council did not adopt the ordinance on July 14. Members directed staff to refine the draft, add explicit vendor-registration and revocation language, separate penalties from restoration requirements, and return the revised draft to the council at the next meeting for consideration. The fuller rewrite also reorganizes definitions (including "street tree" and "heritage tree"), consolidates replacement and replanting rules with the subdivision/site-plan replacement schedule, and clarifies when the township will require certified mail and other formal notices. The changes were presented as a response to enforcement difficulties and to align local procedures with state guidance. The council asked staff to return with clarified fee and penalty language, a clearer vendor-registration form, and a proposed enforcement sequence so that the municipal court and prosecutor can enforce the ordinance as drafted. The council put the draft on the clerk's agenda for further revision and scheduled further consideration at a future meeting.

Why it matters: The revisions would change how homeowners and contractors handle trees adjacent to sidewalks and in planting strips in front of private properties, affect potential financial penalties for unpermitted removals, and create a new enforcement path against tree-care vendors.

Details: The draft in discussion would: - Require registration of tree contractors before performing work in the township and permit revocation for violations; - Require permits for most removals and an arborist report for heritage trees or removals of four or more trees; - Allow removal of up to three non-heritage trees per property within a 12-month period under the permit process; - Tie fines and civil penalties to the state cap of $2,000 per tree and make replacement obligations separate from punitive fines.

Next steps: Staff will revise the ordinance language on fees, vendor registration and penalties as directed and return the measure for another council review and possible adoption.