A.
Findings. The Township finds that rapid growth, the spread of development,
and increasing demands upon natural resources have had the effect
of encroaching upon, despoiling, or eliminating many of the trees
and other forms of vegetation and natural resources and processes
associated therewith which, if preserved and maintained in an undisturbed
and natural condition, constitute important physical, aesthetic, recreation
and economic assets to existing and future residents of the Township.
Specifically the Township finds that:
(1)
Woodland growth protects public health through the absorption of
air pollutants and contamination, through buffering in the reduction
of excessive noise, wind, storms and visual screening, and through
its cooling effect in the summer months.
(2)
Woodlands provide for public safety through the prevention of erosion,
siltation, and flooding.
(3)
Trees and woodland growth are an essential component of the general
welfare of the Township by maintaining natural beauty, recreation,
and an irreplaceable heritage for existing and future Township residents.
B.
Purpose. The purpose of this chapter is:
(1)
To provide for the protection, preservation, replacement, proper
maintenance and use of trees and woodlands located on a parcel of
land 25 acres in size or greater in the Township in order to minimize
disturbance to them and to prevent damage from erosion and siltation,
a loss of wildlife and vegetation, and/or the destruction of the natural
habitat.
(2)
To place priority on the preservation of woodlands, trees, similar
woody vegetation, and related natural resources.
(3)
To protect the woodlands, including trees and other forms of vegetation,
of the Township for their economic support of local property values
when allowed to remain uncleared and/or unharvested and for their
natural beauty, wilderness character of geological, ecological or
historical significance.
(4)
To provide for the paramount public concern for these natural resources
in the interest of health, safety and general welfare of the residents
of the Township.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning; the word "shall"
is always mandatory and not merely directory.
For platted lots and site condominiums, the buildable area
remaining on a lot after satisfying Township Zoning Ordinance setback
requirements; for all other residential developments, the building
envelope shall include the area of the residential buildings, plus
a reasonable area beyond the buildings, up to 10 feet, so long as
the area is not in any required setback.
A licensed plant or tree nursery or farm in relation to those
trees planted and growing on the premises of the licensee, which are
planted and growing for sale or intended sale to the general public
in the ordinary course of the licensee's business.
Any lawful land use authorized under the Township Zoning
Ordinance as amended.
The diameter, in inches, of a tree measured at 4 1/2
feet above the existing grade.
An imaginary vertical line that extends downward from the
outermost tips of the tree branches to the ground.
Low-growing shrubs, woody vegetation, wild flowers and other
small herbaceous plants within a woodland area.
The effective removal of understory vegetation, ground cover,
shrubs or trees.
A tree which has been designated by the Planning Commission
to be of notable historic interest to the Township because of its
age, type, size or historic association.
Those operations where trees and vegetation are removed and
which occur previous to construction of a building; e.g., road right-of-way
excavation and paving, lake and drainage systems excavation, utility
excavation, grubbing, and any other necessary clearing operations.
Soil, sand, gravel, clay, peat, mud, debris and refuse, or
any other material organic or inorganic.
A signed, notarized statement by the owner or agent stating
that no trees exist upon the site of six-inch-diameter breast height
or greater.
The locating, moving or depositing of any material, or any
construction use or activity, or a combination thereof which in any
way modifies the conditions of lands subject to this chapter.
Any person who has dominion over, control of, or title to
woodlands.
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including governmental
agencies conducting operations within the Township and all tree removal
companies and persons removing trees on behalf of others.
A physical structure limiting access to a protected area,
composed of wood or other suitable materials which ensures compliance
with the intent of this chapter. Variations of these methods may be
permitted upon written request if they satisfy the intent of this
chapter.
The cutting of trees and injury and/or destruction of any
form of vegetation, by whatever method, on any lands subject to this
chapter.
A land use to derive income from growing plants and trees
on land including but not limited to land used principally for fruit
grove and timber production, and not including land used principally
for another use and incidentally for growing trees or plants for income.
An illustration of a proposed development as required in
the Zoning Ordinance.
A tree which, 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, has been designated as a specimen
tree by the Planning Commission.
Any assembly of materials above or below the surface of the
land or water, including but not limited to houses, buildings, bulkheads,
piers, docks, landings, dams, waterway obstructions, towers, utility
transmission devices.
The digging up by a property owner of a tree from one place
on a property and planting of the same tree in another place on the
same property.
A living woody plant with an erect perennial trunk, which
at maturity is 13 feet or more in height and which has a more or less
definite crown or foliage.
A minimum one-inch-equals-one-hundred-feet scale drawing
which provides the following information: location of all trees having
six inches or greater diameter breast height, plotted by accurate
techniques, and the common or botanical names of those trees and their
diameter breast height.
A parcel of land which is unplatted and substantially unimproved.
With respect to land which, on the effective date of the ordinance
from which this chapter is derived, is partially improved by virtue
of a building or other improvement located on a portion of the land,
the portion of the land which does not contain the building or improvement
shall be considered underdeveloped.
In the interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the promotion
of the public health, morals, safety, comfort, convenience, or general
welfare. It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with any existing provisions of
law or ordinance, or with any rules, regulations or permits previously
adopted or issued or which shall be adopted or issued pursuant to
the law relating to activities within woodlands areas; provided, however,
that where this chapter imposes a greater restriction than is required
by existing ordinances or by rules, regulations or permits the provisions
of this chapter shall control.
A.
Approved site plans, plats, site condominiums, and land divisions.
This chapter shall apply to land for which a site plan or land division
plan was or is submitted for approval to the Planning Commission on
or after the effective date of this chapter, or for which a preliminary
plat or preliminary site condominium development plan has received
tentative approval on or after such date, provided the site plan,
land division plan, plat, or condominium plan remain in effect in
good standing under the Zoning Ordinance and other applicable ordinances.
B.
Individual trees.
(1)
This chapter shall further apply for the protection of any individual
tree with a diameter breast height of 36 inches or greater, anywhere
in the Township, or any individual tree designated as an historic
or specimen tree anywhere in the Township.
(2)
A person may nominate a tree within the Township for designation
as an historic or specimen tree based upon its age, type, size or
historical or cultural associations. Such a nomination shall be made
upon that form provided by the Planning Commission.
(a)
A nomination for designation of an historic or specimen tree
shall be brought on for consideration by the Planning Commission.
Where the nomination is not made by the owner of the property where
the tree is located, the owner shall be notified in writing at least
15 days in advance of the time, date and place that the Planning Commission
will consider the designation. The notice shall be made by registered
mail and shall advise the owner that the designation of the tree will
make it unlawful to remove, damage or destroy the tree without a tree
removal permit. The notice shall further advise the owner that if
he objects to the tree designation the Planning Commission shall refuse
to so designate the tree.
(b)
Absent objection by the owner, the Planning Commission may designate
a tree as an historic or specimen tree upon a finding that because
of one or more unique characteristics the tree should be preserved
as an historic or specimen tree.
[Amended 6-8-1999 by Ord. No. 81]
A.
Any person who violates any provision of this chapter shall be responsible for a municipal civil infraction. A person determined to be responsible for a municipal civil infraction shall be subject to a civil fine as set forth in Chapter 1, Article I, Definitions; General Penalty, of the Code of the Charter Township of Oakland. In addition to ordering a person determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the Judge or Magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this chapter. Each day that a violation is permitted to exist shall constitute a separate violation.[1]
B.
Any activity conducted in violation of this chapter is declared to
be a nuisance per se, and the Township may commence a civil action
in any court of competent jurisdiction for an order abating or enjoining
the violation.
C.
In addition to any penalty provided in the event of a determination
of responsibility for a violation of this chapter, any person who
removes or causes any tree to be removed, except in accordance with
this chapter, shall forfeit and pay to the Township a civil fee equal
to the total value of trees illegally removed or damaged, as computed
from the International Society of Arboriculture Shade Tree Value Formula.
(1)
The fee shall accrue to the Township, and, if necessary, the Township
may file a civil action to recover the fee. The Township shall place
any sum collected in the Township Tree Fund.
(2)
Alternatively, the Township may require replacement of illegally
removed or damaged trees as restitution in lieu of the fee. Replacement
will be on an inch-for-inch basis computed by adding the total diameter
measured at diameter breast height in inches of the illegally removed
or damaged trees.
(3)
The Township may use other reasonable means to estimate the tree
loss if destruction of the illegally removed or damaged trees prevents
exact measurement. The Township may also require a combination of
fee payment and tree replacement.
D.
The Township may also issue a stop-work order or withhold issuance
of certificates of occupancy, permits, or inspections until the provisions
of this chapter, including any conditions attached to a tree removal
permit, have been fully met.
E.
Compliance with this chapter shall be enforced by the Township Supervisor
and other ordinance enforcement officers who are designated by Township
Board resolution.
