Notwithstanding the provisions of § 51-39, the following activities are permitted without a tree removal permit unless otherwise prohibited by statute or ordinance:
(A) The removal or trimming of any trees by or on behalf of a resident owner of a one-family dwelling unit in an area under the owner's exclusive control and where the tree is not a designated preserved tree, as indicated on an approved tree preservation plan and verified by the City Development Department. This exception does not apply to removal of trees from common areas;
(B) The trimming and pruning of trees as part of normal maintenance of landscaping or orchards, if performed in accordance with accepted forestry or agricultural standards and techniques;
(C) The removal of or trimming of trees necessitated by the installation, repair, or maintenance work performed in a public utility easement or approved private easement for public utilities;
(D) The removal or trimming of trees if performed by or on behalf of the city, Macomb County Department of Roads, Michigan Department of Transportation, Macomb County Public Works Office, or other public agencies or a public utility company in a public right-of-way upon public property or upon a private easement for public utilities in connection with a publicly awarded construction project, the installation of public streets or public sidewalks, or the installation of public utilities within a private or public easement established for such purposes;
(E) The removal or trimming of dead, diseased, undesirable, or damaged trees if performed by or on behalf of the city, Macomb County Department of Roads, Michigan Department of Transportation, Macomb County Public Works Office, or other public agencies in a public right-of-way or upon public property if done to prevent injury or damage to persons or property;
(F) Trees determined by the city to be dead, diseased, or damaged. However the removal or trimming must be accomplished through the use of standard forestry practices and techniques that do not violate the terms and conditions of this article;
(G) Actions taken in response to unavoidable natural events, such as tornadoes, storms, floods, freezes, dangerous and/or infectious insect infestation or disease, or other natural occurrences in order to prevent or respond to injury or damage to persons or property, or to restore order;
(H) Grubbing, provided that a tree survey meeting the requirements of this article has been provided to the City Development Department and the owner of the property (or other authorized representative) has provided a statement that only grubbing as defined by this article will be performed and no trees three inches or over in caliper will be removed;
(I) Removal of a tree at the direction of the city.
(1978 Code, § 33-40; Ord. No. 292, § 1, 4-16-91; Ord. No. 292-C, § 5, 5-17-05; Ord. No. 475, § 1, 3-2-21; Ord. No. 487, § 1, 9-6-22)