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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)
A tree removal permit application shall include the following:
(A) A tree removal permit application form containing the following information:
(1) Address, legal description and parcel identification for the site.
(2) Property owner names and mailing addresses.
(3) Where tree removal will be by other than property owners, contractor name, address, licensing and insurance information.
(4) Scaled map or drawing of the site showing the size, description and location of the trees proposed for removal.
(5) Information or statements that confirm that the standards and conditions for approval of a tree removal permit in § 93.08 will be satisfied.
(B) If a tree/woodlands management plan is required it shall include:
(1) The shape and dimensions of the site, together with the existing and proposed location of structures and improvements, including existing and proposed utilities, existing grades and proposed changes to existing grades.
(2) Location and dimensions of all setbacks and existing or proposed easements.
(3) An identifying number designating all existing trees proposed to remain, to be relocated or to be removed.
(4) If replacement of trees is required, the location and method by which trees will be replaced, including the size and type of replacement trees.
(5) If existing trees are to be relocated, the proposed location for such trees, together with a statement setting forth how such trees are to be removed, protected and/or stored during land clearance, development and construction and how they are to be maintained after construction.
(6) A statement setting forth how existing trees which are not to be relocated are to be protected during land clearance, development, construction and on a permanent basis, including proposed use of tree wells, protective barriers, tunneling or retaining walls.
(7) The number of regulated trees to be removed.
(8) Other information and detail regarding the proposed activity and its impacts on trees and other vegetation on the site as may be requested by the Village Administrator.
(9) All information and details shall be provided by a registered land surveyor, registered engineer, registered landscape architect, certified arborist or forester who must verify the contents by seal or signature, whichever applies.
(C) Review fees as established by resolution of the Village Council.
(Ord. 189, passed 8-23-04)
(A) Tree removal permits require that formal application be made to the village. All tree removal permit applications will be reviewed and approved or denied by the Village Administrator or designee. The Village Administrator may enlist the assistance of an outside woodlands expert to perform reviews of tree removal permit applications.
(B) Appeals from decisions made on a tree removal permit, tree/woodlands management plan or tree replacement requirements shall be to the Village Council upon written request filed with the Village Clerk within 21 days of the decision.
(Ord. 189, passed 8-23-04)
The following standards and conditions shall govern the granting or denial of a tree removal permit and to the extent applicable and unless otherwise excluded, shall be considered part of every such permit:
(A) The preservation and conservation of trees, woodlands, associated vegetation, related wildlife and other natural resources shall have priority over development when there are feasible and prudent location alternatives on the site for proposed buildings, structures or other improvements.
(B) The integrity of woodland areas shall be maintained irrespective of whether such woodlands cross property lines.
(C) Diversity of tree species shall be maintained when essential to preserving a woodland area.
(D) Where the proposed activity consists of land clearing, it shall be limited to designated road rights-of-way, drainage and utility areas, and areas necessary for the construction of buildings, structures or other improvements.
(E) Where the proposed activity involves residential development, the residential structures shall, to the extent feasible, be designed and located to incorporate the existing natural features of a site.
(F) The proposed activity shall comply with all applicable statutes and ordinances.
(G) The proposed activity shall include necessary provisions for tree relocation or replacement as may be required by this section.
(Ord. 189, passed 8-23-04)
(A) If the Village Administrator determines that a tree removal permit meets all of the standards of §§ 93.06 and 93.08 and that a justification for removal of regulated trees in excess of the standards of § 93.04(B) above has been established, then tree replacement will be required as a condition of the tree removal permit.
(B) Replacement of trees shall occur on the site or on property permanently reserved as open space. Removal of trees must be in accordance with a tree/woodlands management plan.
(C) All replacement trees shall have a 2 ½ inch d.b.h. or greater. Tree replacement shall be at the following ratio:
Removed Tree Size | Ratio Replacement/ Removed Trees | |
Conifers (height) | Deciduous (d.b.h.) | |
20 ft. to 25 ft. | 6 < 8 | 1 |
26 ft. or larger | > 8 < 15 | 2 |
> 15 | 3 |
(D) All replacement trees shall satisfy American Association of Nurseryman standards.
(E) The location of replacement trees shall be subject to the approval of the Village Administrator and shall provide the optimum enhancement, preservation and protection of woodland areas.
(Ord. 189, passed 8-23-04)
(A) Any resident or property owner in the Village of Bingham Farms may nominate a tree for Historic Tree or Specimen Tree designation by the Planning Commission, based upon its age, type, size, and historical or cultural association. As a guideline the Planning Commission may consider a significant size to be a minimum d.b.h. of 18 inches or a size significant to the tree's species.
(B) Historic or Specimen Trees must be in good health/condition as determined by the village.
(C) The nomination shall be made on a form provided by the Planning Commission. If the nomination is made by a person who is not the owner of the property on which the tree is located, the owner shall be notified in writing, by regular U.S. Mail, at least 15 days in advance of the date, time, and place that the Planning Commission will consider the designation. The notice shall advise the owner that designation will make it unlawful to damage, destroy, or remove the tree. If the owner does not object, the Planning Commission may designate the tree if it meets one or more of the criteria outlined above. If the owner objects, the Planning Commission shall not designate the proposed Historic or Specimen Tree.
(D) It shall be unlawful for any person to remove, damage or destroy a Historic or Specimen Tree.
(Ord. 189, passed 8-23-04)
(A) Public nuisance. The village determines that all dead, diseased, infested, decayed, defective, or damaged trees located in the village that threaten or endanger the public or persons, structure or property on adjoining land are public nuisances.
(B) Property owner’s responsibilities.
(1) Land owners shall maintain or treat their trees so that the trees do not become a threat or danger to the public or to persons, structures or property on adjoining land.
(2) It shall be the land owner’s responsibility to properly and safely prune, treat, remove and/or dispose of any trees, branches and limbs which, due to death, disease, infestation, decay, defect or damage, threaten or endanger the public or persons, structures or property on adjoining land.
(3) Diseased or infested trees, including but not limited to those infected by the fungus Ceratostomella ulmi (Dutch elm disease), shall be removed and destroyed in a manner approved by the Village Administrator or his or her designee.
(C) Dangerous tree determination. In determining whether the condition of a tree, branch or limb threatens or endangers the public or persons, structures or property on adjoining land, the village shall be guided by the International Society of Arboriculture Guide to Evaluation of Hazard Trees Urban Areas.
(D) Notice that action must be taken.
(1) On private property.
(a) The village may notify an owner of land on which a dead, diseased, infested, decayed, defective, or damaged tree, branch, or limb is found that is a danger to adjoining property, to abate the nuisance by pruning, treating and/or removing the tree, branch or limb. The notice shall be in writing, shall be served personally or by certified mail on the land owner according to the current property tax rolls, shall specify the nature of the pruning, treatment and/or removal work needed, and shall prescribe the time period within which it must be performed, which shall be not more than 30 days unless the Village Administrator or his or her designee determine exigent or special circumstances necessitate a different time period.
(b) Should the nuisance not be abated within the 30-day period, the owner or occupant, or both, shall be deemed in violation of this division and subject to the penalties set forth in § 93.12.
(2) On public property. Whenever a tree on public property is determined to be dead, diseased, infested, decayed, defective, or damaged, the village or other public agency that has jurisdiction over the property shall forthwith cause the public nuisance to be abated by pruning, treating and/or removing the tree, branch or limb in an approved manner.
(Ord. 227, passed 6-24-13)
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