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Charter and Code of Ordinances of the City of Sterling Heights, Michigan
Charter and Code of Ordinances of the City of Sterling Heights, Michigan
ADOPTING ORDINANCE
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 3: ADVERTISING
CHAPTER 4: AIR POLLUTION CONTROL
CHAPTER 5: ALCOHOLIC BEVERAGES
CHAPTER 6: RESERVED
CHAPTER 7: AMUSEMENT DEVICES
CHAPTER 8: ANIMALS
CHAPTER 9: BICYCLES
CHAPTER 10: RESERVED
CHAPTER 11: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 12: BUSINESS REGISTRATION AND REGULATIONS
CHAPTER 13: CABLE COMMUNICATIONS
CHAPTER 13A: CARNIVALS
CHAPTER 14: ELECTIONS
CHAPTER 15: EMERGENCY MANAGEMENT
CHAPTER 16: RESERVED
CHAPTER 17: EARTH CHANGES
CHAPTER 18: RESERVED
CHAPTER 19: FENCES
CHAPTER 20: FIRE PREVENTION AND PROTECTION
CHAPTER 21: RESERVED
CHAPTER 22: FOOD AND FOOD ESTABLISHMENTS
CHAPTER 23: GARBAGE AND REFUSE
CHAPTER 24: RESERVED
CHAPTER 25: HUMAN RELATIONS
CHAPTER 26: JUNK YARDS AND AUTOMOBILE WRECKING YARDS
CHAPTER 27: LAND DIVISION AND COMBINATION
CHAPTER 28: LIBRARY
CHAPTER 29: LICENSING OF BUSINESSES
CHAPTER 30: MASSAGE ESTABLISHMENTS
CHAPTER 31: NOISE
CHAPTER 32: RESERVED
CHAPTER 33: NUISANCES
CHAPTER 34: OBSCENITY
CHAPTER 35: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 36: FALSE ALARMS
CHAPTER 37: PARKING AND STORAGE OF VEHICLES
CHAPTER 38: PARKS
CHAPTER 39: PEDDLERS, ITINERANT MERCHANTS AND THE LIKE
CHAPTER 40: POLITICAL AND CHARITABLE CONTRIBUTIONS
CHAPTER 41: PENSIONS AND RETIREMENT
CHAPTER 42: RESERVED
CHAPTER 43: RECREATIONAL WATERS
CHAPTER 44: SCHOOLS
CHAPTER 45: SOLID WASTE REDUCTION
CHAPTER 46: RESERVED
CHAPTER 47: SPECIAL ASSESSMENTS
CHAPTER 48: STREETS AND SIDEWALKS
CHAPTER 48A: TELECOMMUNICATIONS
CHAPTER 49: TRAFFIC AND VEHICLE CODE
CHAPTER 51: VEGETATION
CHAPTER 52: VEHICLES FOR HIRE
CHAPTER 53: WATER, SEWERS AND SEWAGE DISPOSAL
ZONING ORDINANCE
SUBDIVISION REGULATIONS
Zoning Comparative Table Subdivision Comparative Table
APPENDIX
51-44. RELOCATION OR REPLACEMENT OF TREES; ARBORIST ASSESSMENT; MAINTENANCE.
   (A)   Whenever a tree removal permit has been issued authorizing removal of a regulated tree or any landmark tree, the permit holder shall replace or relocate each such tree in accordance with this section. Replacement trees may not be used to satisfy the landscaping requirements of the zoning ordinance or tree planting requirements under any other regulation of the City Code.
   (B)   Replacement required.
      (1)   If the permit holder cannot preserve the required number of trees onsite but has elected to replant the required number of trees onsite without an arborist's assessment, the following schedule shall apply:
   Each replacement credit represents the amount of replacement trees necessary to meet the article's replacement requirements provided herein. The permit holder shall provide one replacement credit for each regulated, non-landmark tree to be removed, as follows:
 
CONIFEROUS
Replacement Tree Size (Height)
Replacement Credit Value
8 feet
1 credit
8.01 - 10 feet
1.5 credits
Greater than 10 feet
2 credits
 
 
DECIDUOUS
Replacement Tree Size (D.B.H.)
Replacement Credit Value
3 inches
1 credit
3.01 - 3.99 inches
1.5 credits
4 inches or greater
2 credits
 
      (2)   If the permit holder cannot preserve the required number of trees onsite but has elected to comply with an arborist's assessment, the arborist must verify the information provided on the tree survey submitted as part of the application, including but not limited to the species of the trees, the designation of the trees (preserved, landmark, non-landmark), and the health of the trees. The arborist must also complete a separate assessment within 90 days of submission of a fully completed application denoting trees that shall be preserved, replaced, and/or removed in order to comply with the intent of this article. The city shall have the authority to extend the 90 day requirement due to inclement weather or other unforeseen circumstances.
      (3)   If the permit holder cannot preserve the required number of trees onsite as provided in this section and does not intend to replace trees onsite pursuant to this section, the permit holder must pay a sum into the city's Tree Preservation Fund. The required sum shall be determined by the total number of replacement trees, as determined by this section, times the cost of the planting of a tree in the city right-of-way as set forth in the annual appropriations ordinance.
   (C)   Landmark tree replacement required. When a landmark tree is proposed to be removed, the permit holder shall provide deciduous replacement trees with a cumulative caliper equaling at least 100%, or as otherwise determined by the arborist's assessment, of the d.b.h. of the landmark tree that was removed or proposed to be removed (rounded up to the nearest whole number). Landmark tree calculations shall be separate from any other regulated tree replacement calculation or requirement.
   (D)   Replacement tree diversity. No one species of replacement tree shall account for more than 25% of all replacement trees proposed on a site.
   (E)   Approval. All replacement trees shall satisfy American Standard for Nursery Stock standards and shall be:
      (1)   No. 1 grade with a straight, unscarred trunk and a well-developed uniform;
      (2)   Guaranteed to exhibit a normal growth cycle for at least one year following planting;
      (3)   Approved through inspection by the city; and
      (4)   Of a species not deemed to be prohibited by the city as set forth in the zoning ordinance.
      (5)   Compliant with minimum planting size(s) required by city ordinance.
   (F)   Replacement tree location.
      (1)   The location of any replacement tree shall be on the same parcel or within the same overall development (in that priority) as the removed tree wherever feasible, as determined by the Office of Planning or the arborist.
      (2)   If tree location or replacement on the same parcel is not feasible, the Office of Planning may authorize another planting location for the replacement tree within the city.
      (3)   If a replacement tree is planted on another parcel, an updated landscaping plan for that site designating the replacement trees must be submitted and approved by the Office of Planning. The planting of any replacement tree on any site shall not satisfy the tree planting requirement for that alternate site or the tree planting requirements under any other ordinance of the city.
   (G)   Maintenance and inspection. Replacement trees shall be staked, fertilized, watered, and mulched to ensure their survival in a healthy, growing condition. The city shall schedule a reinspection of the site and tree plantings one year from the final inspection of the site to ensure all plantings are still alive, in good condition, and being maintained appropriately.
   (H)   Native plantings. At least 50% of all tree plantings shall be native to the State of Michigan. Any trees that are considered to be invasive species, defined by the state as species that are not native and whose introduction causes harm or is likely to cause harm to Michigan's economy, environment, or human health, are prohibited.
   (I)   Allowable tree species. The Office of Planning shall maintain a list of acceptable tree species for replacement trees.
(1978 Code, § 33-44; Ord. No. 292, § 1, 4-16-91; Ord. No. 292-C, § 7, 5-17-05; Ord. No. 475, § 1, 3-2-21; Ord. No. 487, § 1, 9-6-22)