Section
97.01 Purpose
97.02 Definitions
97.03 Administration
97.04 Trees in the public right-of-way and public property
97.05 Protection of trees; permit required for tree removal in public rights-of-way
97.06 Tree protection during construction or development
97.07 Tree removal on a vacant lot or parcel
97.08 Limited lighting of trees on public rights-of-way
97.09 Tree replacement program
97.99 Penalty
This chapter is intended to regulate the removal of trees from public street rights-of-way in the city, and to preserve, protect and enhance valuable resources entrusted to its citizens. To protect the health, safety and welfare of its citizens, to establish standards limiting the removal of, and insuring the replacement of trees sufficient to safeguard the ecological and esthetic environment necessary for the city. To provide protective regulations against hazardous trees and diseased trees or shrubs; to control activities relative to trees and plantings within the public street rights-of-way of the city; to establish regulations and procedures for the removal of trees located on public street rights-of-way.
(Ord. 060123-1, passed - -; Am. Ord. 081222-1, passed 12-22-2008; Am. Ord. 220613-A, passed 6-13-2022)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING ENVELOPE. The ground area of a lot or parcel of land enclosed or to be enclosed by the exterior walls or perimeter (foot print) of principal and accessory buildings, and any associated improvements including, but not limited to; pools, decks, patios, walks, tennis courts, driveways and utility services.
DESTROY. To remove (cut down) a protected tree or to perpetrate any intentional act of negligence which will cause a protected tree to decline or die within a period of two years. This shall include but not be limited to: damage inflicted upon the root system of a protected tree by the application of toxic substances, damage by the operation of equipment and vehicles, damage caused by excavation or fill within the drip line of a protected tree, or damage caused by alteration of natural physical conditions.
DIAMETER BREAST HEIGHT (DBH). A tree’s diameter in inches measured four and one-half feet above the ground.
DRIP LINE. An imaginary vertical line extending downward from the outermost tips of a tree’s branches to the ground.
PROTECTED TREE. A tree that is six inches DBH or greater in size.
TREE. Any self supporting woody plant growing upon the earth which usually provides one main trunk and produces a distinct head with many branches.
TREE PROTECTION ZONE (TPZ). The area between the line extending ten feet beyond the building envelope and the property line.
(Ord. 060123-1, passed - -; Am. Ord. 220613-A, passed 6-13-2022)
(A) Department of Public Works Superintendent. The Department of Public Works Superintendent shall be responsible for overseeing the planting, protection, preservation, and removal of trees within the public rights-of-way.
(B) Parks and Public Works Committee. The Parks and Public Works Committee shall be responsible for considering appeals from denials of tree removal permit applications and reviewing policies regarding public trees and suggesting changes to City Council or to Planning Commission.
(C) Coordination and Assistance. The Department of Public Works Superintendent and Parks and Public Works Committee may be assisted in their official responsibilities by staff members of the city, including the City Manager, and a licensed arborist appointed by the City Council, or other appropriate city staff members.
(Am. Ord. 220613-A, passed 6-13-2022)
(A) Treatment of protected trees. No tree upon any public right-of-way or public property shall be destroyed, pruned, girdled, broken, bent, wounded or have notices or signs tacked upon without the consent of the Department of Public Works Superintendent.
(B) Planting of trees.
(1) No person shall climb or walk upon the branches of a protected tree in any public right-of-way or public property while wearing spurs or other climbing attire unless such person is in the permitted act of removing or maintaining a tree.
(2) No trees or shrubs shall be planted upon any public right-of-way or public property without the consent of the Department of Public Works Superintendent. No trees shall be planted at public expense upon private property unless a public easement has been granted in a form acceptable to the city.
(Ord. 060123-1, passed - -; Am. Ord. 220613-A, passed 6-13-2022)
(A) Purpose. The tree canopy contributes to the visual character of the city and trees are important natural resources and assets of the city. Therefore, every effort must be made to ensure that only the minimum numbers of protected trees are removed prior to construction of new structures, or alterations/additions to existing structures and in other approved circumstances. It is the intent of this chapter that a permit should not be granted for the removal of a protected tree where a reasonable alternative design solution exists that is consistent with the use of the property.
(B) Permit required. A Tree removal permit shall be required for and prior to the removal, relocation, or destruction of any tree located within any public street right-of-way; provided, however, that no such permit shall be required in order for the city to remove or otherwise affect any tree located within a public street right-of-way, and the city retains its authority with respect to public street rights-of-way, irrespective of the provisions of this chapter.
(C) Application for permit. A person seeking a tree removal permit for the removal, relocation or destruction of a tree within a public street right-of-way, shall complete a tree removal permit application and submit the application to the Zoning Administrator. The applicant shall also prepare and submit to the Administrator, a site plan including at least the following information:
(1) The tree or trees that are proposed to be removed, relocated or destroyed. Such trees shall also be identified by written description or by a photograph. The location and general description of the other protected trees within the adjacent street right-of-way that are proposed to remain undisturbed shall also be stated.
(2) A description of any grade changes or other changes within the street right-of-way that may occur as a result of the proposed tree removal, if such changes or results will have an adverse effect on any trees remaining in that part of the street right-of-way adjacent to the applicant’s property.
(D) Approval of permit. The Zoning Administrator shall grant and approve a tree removal permit upon finding that all of the following requirements are satisfied:
(1) The applicant has submitted a site plan or other information satisfactorily demonstrating that the number of trees and the particular trees proposed to be removed are the minimum number needed to be removed in order to achieve the results sought by the applicant.
(2) The applicant has satisfactorily demonstrated that harm or other negative impacts to the remaining trees on that part of the street right-of-way adjacent to the applicant’s property will be minimized or avoided.
(3) There are no desirable, prudent or reasonably feasible alternatives whereby the desired results could be achieved, other than the removal, relocation or destruction of the trees indicated by the applicant.
(4) The tree or trees proposed for removal, relocation or destruction need to be removed for at least one of the following reasons:
(a) They are a safety hazard;
(b) They are interfering with or obscuring the clear vision of motor vehicle drivers;
(c) They are likely to injure, damage or disrupt persons, property or utility service; and/or
(d) They are preventing or substantially obstructing reasonable access to a lot or parcel of land.
(5) The proposed tree removal would not materially increase the risk of flooding or erosion on the property or on adjacent property, nor adversely affect a wetland or watercourse.
(6) In the case of proposed removal of a protected tree for reasonable access to an existing or proposed building or other improvement, there is no feasible alternative location for the proposed access without resulting in unnecessary hardship on the part of the applicant.
(E) The Zoning Administrator may include reasonable terms and conditions in any tree removal permit, in order to ensure that the intent of this chapter will be fulfilled and to minimize damage to, encroachment upon, or interference with other trees within the public street right-of-way.
(F) Appeal of denial of permit. In the event that a permit applicant is aggrieved by the denial of a tree removal permit, or by the approval of a permit but with conditions with which the applicant disagrees, the applicant may appeal such action by the Zoning Administrator to the Parks and Public Works Committee.
(1) The applicant shall file such appeal in writing, stating the action complained of and the reasons and grounds for which the applicant believes that the action should be reversed, amended or modified.
(2) The completed application for the appeal shall be filed with the Zoning Administrator, who shall forward it to the Parks and Public Works Committee. The Parks and Public Works Committee shall convene within a reasonable time to consider the appeal. Any such meeting by the Parks and Public Works Committee shall be subject to the provisions of the Michigan Open Meetings Act.
(3) At a meeting, the Parks and Public Works Committee shall consider the appeal filed by the applicant. The Parks and Public Works Committee shall provide the applicant an opportunity to comment on the appeal. The Parks and Public Works Committee may consider the matter at subsequent meetings.
(4) The appeal shall be determined by majority affirmative vote of the regular, voting members of the Parks and Public Works Committee who are present and voting. The decision by the Parks and Public Works Committee in such a case shall constitute the final decision by the city with respect to the application for the tree removal permit.
(Ord. 060123-1, passed - -; Am. Ord. 081222-1, passed 12-22-2008; Am. Ord. 220613-A, passed 6-13-2022)
(A) While removing trees for construction or development the owner shall take all reasonably necessary precautions to protect the remaining protected trees.
(B) Neither a property owner nor its agent shall cause or allow any construction or development activity to occur within the drip line of a protected tree, nor shall any solvents, building materials, vehicles, construction equipment, soil deposits, fill or other harmful materials be allowed to be placed, kept, parked or stored within the drip line of the trees.
(Ord. 060123-1, passed - -; Am. Ord. 220613-A, passed 6-13-2022)
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