CHAPTER 93: TREE AND WOODLANDS PROTECTION AND MAINTENANCE
Section
   93.01   Findings
   93.02   Intent and purpose
   93.03   Definitions
   93.04   Removal prohibitions and permit requirements
   93.05   Tree removal permit exemptions
   93.06   Permit applications
   93.07   Permit application review, decision and appeal procedure
   93.08   Permit review standards and conditions
   93.09   Tree replacement option and standards
   93.10   Historic and specimen tree designations and protections
   93.11   Dead, diseased, infested, decayed, defective or damaged trees
   93.12   Enforcement and penalties
§ 93.01 FINDINGS. 
   The Village of Bingham Farms finds that protection of natural resources is a matter of paramount public concern as provided by Article IV, Section 52 of the Constitution of the State of Michigan and the Natural Resources and Environmental Protection Act (Act 451, Public Acts of 1994 as amended). Continued growth, new development, and redevelopment in Bingham Farms, and increased demand on natural resources have the effect of encroaching upon, despoiling, or eliminating many of the trees and other forms of vegetation, natural resources, and processes associated with wooded areas. If preserved and maintained in an undisturbed and natural condition, these resources constitute important physical, aesthetic, recreational, and economic assets to existing and future residents of the village. Specifically, the village finds that:
   (A)   Woodland growth protects public health through the absorption of air pollutants and contamination, through the reduction of excessive noise and mental and physical damage related to noise pollution, and through its cooling effect in the summer months;
   (B)   Woodlands provide for public safety through the prevention of erosion, siltation, and flooding;
   (C)   Trees and woodland growth are an essential component of the general welfare of the village by virtue of maintaining play areas for children and natural beauty, recreation opportunities and irreplaceable heritage for existing and future residents; and
   (D)   The protection of such natural resources is a matter of paramount public concern in the interest of health, safety and general welfare of the residents of the village.
(Ord. 189, passed 8-23-04)
§ 93.02 INTENT AND PURPOSE.
   The intent and purpose of this chapter is to promote feasible and prudent alternatives to the destruction and removal of trees and woodlands consistent with promotion of the public health, safety and welfare in light of the paramount public concern for the protection of natural resources from impairment or destruction; to provide for the protection and preservation of trees and woodlands in order to minimize destruction and disturbance to them, the wildlife habitat that they provide, and other consequential effects on other natural resources; and to protect and preserve trees and woodlands for their economic support of local property values, natural beauty, wilderness character, and ecological significance. The intent of this chapter is not to be excessively restrictive nor prohibitive, but to provide for the submission and evaluation of feasible and prudent alternatives to the destruction and removal of trees and woodlands in accordance with the standards and procedures set forth herein prior to such action being taken.
(Ord. 189, passed 8-23-04)
§ 93.03  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CONIFEROUS TREES. Trees that are typically evergreen and bear cones.
   DECIDUOUS TREES. Trees, including ornamental and canopy, that shed their leaves.
   DIAMETER BREAST HEIGHT (d.b.h.). The diameter of a tree, in inches, measured at 4 ½ feet above the ground.
   HISTORIC TREE. A tree which has been designated by the Planning Commission to be of notable historic interest to the village because of its age, type, size, or historic association.
   NUISANCE TREE. A tree that is diseased or infected by parasites and where an outbreak of infestation has caused the State of Michigan to issue a quarantine or ban the transportation of such species.
   REGULATED TREES. Include all deciduous trees having a six inch d.b.h. or greater and coniferous trees 20 feet in height or greater.
   REMOVE, REMOVED, REMOVAL. To fully or partially cut down, damage, destroy, or move (transplant) a tree.
   SITE. A parcel of land such as a subdivision lot, condominium unit and every other separately described area of land in the village.
   SPECIMEN TREE. A tree which has been designated by the Planning Commission because of its high value as a representative tree of a particular type or species, due to its size, age, or other prominent botanical characteristics.
   TREE. A woody plant which attains the height of at least ten feet at maturity and has a single main stem or trunk.
   VILLAGE ADMINISTRATOR. The Village Clerk or other person designated to administer this chapter by resolution of the Village Council.
(Ord. 189, passed 8-23-04)
§ 93.04  REMOVAL PROHIBITIONS AND PERMIT REQUIREMENTS.
   (A)   No more than three regulated trees may be removed from a site within a two year time period without first obtaining a tree removal permit from the Village Manager and no regulated tree shall be removed from a site without first providing notice to the Village Manager that identifies the tree and removal date. Every person that removes or authorizes removal of a regulated tree from a site is responsible for complying with this section.
   (B)   No tree removal permit may be approved or issued for activity that will or may cause or result in the removal of more than 10% of the regulated trees on a site, with the regulated trees located in the house building footprint and the regulated trees located in the area that extends six feet from the edge of the house building footprint not being included in the calculation of the 10%, unless a tree replacement plan conforming to the requirements in § 93.09 is submitted and approved by the village.
(Ord. 189, passed 8-23-04; Am. Ord. 276, passed 5-20-24)
§ 93.05 TREE REMOVAL PERMIT EXEMPTIONS.
   The following activities are exempt from the tree removal permit requirements of this chapter:
   (A)   The removal of dead or damaged trees where the death or damage resulted from an accident or non-human cause;
   (B)   The trimming, maintenance, or care of trees in accordance with standard forestry and horticultural practices and techniques as established by the American Association of Nurserymen or an equivalent organization promulgating standards for care and improvement of trees;
   (C)   The removal or destruction of trees damaged by tornado, windstorm, flood, freeze, fire, dangerous insect infestation, or man-made or natural disaster, in order to prevent injury or damage to persons or property;
   (D)   The removal, transplanting or destruction of trees in order to perform maintenance or repair of lawfully located roads, public utilities, structures and facilities used in the service of the public, provided that such roads, public utilities, structures and facilities are not materially changed or enlarged;
   (E)   The removal, trimming, maintenance, transplanting or destruction of trees in the area encompassed by the right-of-way of a public street or an easement for public utilities.
(Ord. 189, passed 8-23-04)
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