We have to 60 year old Sycamore trees between the street and the sidewalk in the right of way and they have never been maintained and we would like to take them down. Does the city have the right to deny a property owner to remove such trees? Also do they have the right to make the property owner replant trees in place of the removed trees. The trees are uplifting the sidewalks and the roots are getting into our sewer and water lines.
The area between the sidewalk and the street is normally within the right of way of the street. Because of this, the city has the right to control trees in this area. They need to pass an ordinance to exercise this right.
Ask you city councilperson to give you a copy of the ordinance.
If there is an ordinance in place, the city can require you to replant, if you take a tree down.
DISCLAIMER The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the Commonwealth of Pennsylvania. Responses are based solely on Pennsylvania law unless stated otherwise. James S. Tupitza 212 West Gay Street West Chester, PA 19380 610-696-2600
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