Subject to the exceptions enumerated in § 389-11, no person shall remove, cause to be removed, transplant or destroy, on any land in the Township to which this chapter applies, any tree having six inches or greater diameter breast height, or conifer greater than 20 feet in height, without first obtaining a tree removal permit.
Where a final subdivision plat, site plan, site condominium
development plan or land division plan has been reviewed and approved
by the Township, and conforms with this chapter, the plat or plan,
together with any additional terms and conditions attached thereto,
shall be considered to have fulfilled the requirements for a tree
removal permit.
A.
Generally. In addition to other requirements of this chapter, there
shall be compliance with the following requirements in all residential
developments.
B.
Building envelopes. The developer shall designate building envelopes
for all structures.
(1)
Platted subdivisions. The building envelope for platted lots and
site condominiums shall be the buildable area remaining on a lot after
satisfying Township Zoning Ordinance setback requirements.
(2)
Other residential developments. For all other residential developments,
the developer shall designate as building envelopes the building areas,
plus reasonable area beyond the buildings up to 10 feet, so long as
the area is not in any required setback.
(3)
Activities within building envelope. No additional tree removal permit
shall be required for construction of structures or improvements or
other activities within a building envelope.
(4)
Activities outside building envelope. Subject to the exceptions enumerated in § 389-11, construction or activities beyond the building envelope shall require an additional tree removal permit. The Planning Commission may waive the requirement for a tree removal permit when the Township Engineer verifies that tree removal is necessary and there is no reasonable alternative in connection with drainage improvements or driveways.
For nonresidential developments which require land cleaning,
such clearing shall be limited to designated street rights-of-way,
drainage retention/detention basins and utility areas, and areas necessary
for the construction of buildings, structures or other site improvements.
An objective in determining the layout and design of buildings and
parking shall be the prevention of protected trees, with a priority
given for preservation of the largest trees deemed to have a reasonable
likelihood of survival.
The developer shall preserve and leave standing and undamaged
a minimum of 40% of the total number of trees having six inches or
greater diameter breast height which exist within the platted area
prior to development. However, trees contained within the designated
building envelopes or within required drainage detention and retention
areas shall not count toward the required minimum preservation percentage.
Notwithstanding the requirement of §§ 389-6 through 389-10, the following activities are permitted unless otherwise prohibited by statute or other Township ordinances.
A.
Agriculture exception. Tree removal or transplanting occurring during
use of land for agriculture or the operation of a commercial nursery
or tree farm, provided this exception shall only be applicable if
the commercial nursery or tree farm has been licensed with the state
and in operation on the property for three years or more, or the property
owner records an affidavit that the commercial nursery or tree farm
shall continue in active operation for a period of no less than five
years.
B.
Conservation of natural resources. Conservation of soil, vegetation,
water, fish, wildlife, and other natural resources.
C.
Emergencies. Actions made necessary by an emergency, such as tornado,
windstorm, flood, freeze, dangerous and infectious insect infections
or disease, or other disaster, in order to prevent injury or damage
to persons or property or restore order.
D.
Public utilities. Repair or maintenance work performed by public
utilities necessitating the trimming or cutting of trees.
E.
Dead or damaged trees. Removal or trimming of dead, diseased or damaged
trees, where the damage resulted from an accident or nonhuman cause,
and provided that the removal or trimming is accomplished through
the use of standard forestry practices and techniques.
F.
Residential parcels containing less than 25 acres. Tree removal or transplanting occurring during the use of the parcel in support of one residential dwelling and permitted residential accessory uses. All contiguous land owned in common shall be included in the acreage calculations. This provision shall not exempt such parcels from regulation under the terms of this chapter at the time of application for approval of site plans, plats, site condominiums, and land divisions as outlined in § 389-4A.
G.
Outdoor recreation. Outdoor recreation such as the utilization of
field trails or woodlands on publicly owned property for nature study,
hiking, horseback riding, trapping and hunting as otherwise legally
permitted and regulated.
H.
Tree management. Where a tree management plan, prepared by a state
registered forester, or registered landscape architect, is submitted
to and approved by the Township Supervisor, after consultation with
the Township expert, tree cutting may occur without a permit. To qualify
under this exception, tree management activity shall be for the purpose
of reducing the density of trees so as to promote and maintain the
health and viability of the remaining trees. The management plan shall
include the means by which cut trees shall be removed from the property
without damaging remaining trees. The person seeking approval and
exemption under this provision shall establish an escrow with the
Township Clerk for the purpose of covering the cost of the Township's
expert.
I.
Non-native
and invasive species. Removal of non-native and invasive species is
permitted, provided that the removal is accomplished through the use
of standard forestry practices and techniques. A list of non-native
and invasive species shall be approved and maintained by the Township
Planning Department.[1]
[Added 10-24-2023]
[1]
Editor's Note: This list has been included as an attachment to this chapter.
A.
Time of application. Application for a tree removal permit shall
be made before removing or transplanting trees on sites to which this
chapter applies.
B.
Application and fee.
(1)
A person seeking removal of any designated historical tree, specimen
tree, or any tree with 36 inches diameter breast height or greater
shall submit an application to the Township Clerk on an approved form,
along with a nonrefundable application/permit fee as determined by
the Township Board. Completion of the approved form shall suffice
as application for a tree removal permit.
(2)
Where the site is proposed for development necessitating site plan,
site condominium, plat review, request for a tree removal permit at
the time of preliminary site plan, preliminary site condominium plan,
or preliminary plat submittal, along with an additional nonrefundable
application/permit fee as determined by the Township Board.
(3)
Where the site is proposed for development necessitating approval
for division of land, request for a tree removal permit shall be included
at the time of application for division of land, along with an additional
nonrefundable application/permit fee as currently established or hereafter
adopted by resolution of the Township Board from time to time.
C.
Contents of application.
(1)
In addition to or in conjunction with information required for site
plan, site condominium, or plat review, or for application for division
of land, an application for a tree removal permit shall submit 16
copies of the following information to the Township Clerk:
(a)
Description and statement of activity purpose. Detailed description
and statement of the purpose of the proposed activity.
(b)
Tree survey. Tree survey for all areas for which a tree removal
permit is required.
(c)
Location of trees. Trees having six inches or greater diameter
breast height, that are proposed to remain, to be transplanted or
to be removed from the areas for which a tree removal permit is required,
shall be so designated and identified by common or botanical name
on a minimum one-inch-equals-one-hundred-feet scale drawing.
(d)
Tree identification. A statement that all trees being retained
will be identified by some method, such as painting, flagging, etc.,
and, where protective barriers are necessary, that they will be erected
before work starts.
(e)
Tree protection. A statement describing how trees intended to
remain will be protected during development.
(f)
Cost of replacement. A cost estimate for the proposed tree replacement
program with a detailed explanation including the number, size and
species.
(g)
Topographical survey. A topographical survey sealed by a registered
engineer or registered surveyor, with contours drawn at an interval
of not more than two feet, and vertical contour data at an interval
of no more than one foot for all areas to be disturbed by proposed
tree removal operations, extending for a distance of at least 50 feet
beyond the limits of such areas. Indicated elevations shall be based
on United States Geological Survey datum.
(h)
Grade changes. Designation of proposed grade changes and proposed
drainage pattern changes.
(i)
Soil conditions. Existing general soil conditions throughout
the parcel.
(2)
When requesting a tree removal permit for an area that does not require site plan, site condominium, or plat review, or application for land division, the applicant shall, in addition to the information required in Subsection C(1) of this section, submit 16 copies of the following information to the Township Clerk:
(a)
A completed use permit application, on a use form predescribed
by the Township, which includes the following information:
[1]
The name, address and telephone number of the applicant and
of the applicant's agent.
[2]
The name, address and telephone number of the owner of the property.
[3]
The project location, including, as applicable, the street,
road or highway, section number, name of subdivision, and name of
any watercourse which will or may be impacted.
(b)
Where the applicant is not the owner of the property, a written
authorization from the owner permitting the proposed activity.
(c)
A nonrefundable application/permit fee as determined by the
Township Board.
D.
"No tree" affidavit.
(1)
Where proposed activity requires site plan, site condominium, or
plat review, or application for land division, and is located on site
with no trees of six diameter breast height or greater, the developer
shall, at the time of plan, plat, or application submittal, include
a "no tree" affidavit.
(2)
Where "no tree" affidavit is submitted, the Township shall conduct an inspection of the site. If the inspection substantiates the developer's claims, the developer shall be relieved of the necessity of providing the information listed in Subsection C(1) of this section as it pertains to this chapter.
(3)
If, during the inspection by the Township, the site is found to have
tree specimens with a diameter breast height of less than six inches,
but which are of value because of quantities such as health, habitat,
size, species, or other positive attributes, the Township may require
the developer to request a tree removal permit.
(4)
Forest management. An owner may be granted a tree removal permit for the purpose of maintaining and improving a woodlands area by professional forestry management methods. Applications for this permit must, in addition to the information listed in Subsection C(2)(a), (b) and (c) of this section, be accompanied by a management plan for the subject area prepared by a forester licensed and registered in the state. The management plan shall include a description of and a schedule for the program, justifying reasons for the work specified, and a summary of the benefits to be obtained. Work under a forest management use permit shall be directed by a licensed and registered forester. Under the forest management use permit, provisions of this chapter which are applicable solely to development or land clearing activities shall not apply. The Township shall not levy any fee for this special permit.
The following standards shall govern the granting or denial
of an application for a tree removal permit.
A.
Preservation and conservation. No application shall be denied solely
because some trees grow on the site. Nevertheless, tree preservation
and conservation shall be of paramount concern and importance.
B.
Developmental alternatives. Prevention and conservation of wooded
areas, trees, similar woody vegetation, wildlife and related natural
resources and processes shall have priority over development when
there are feasible and prudent location alternatives on site for proposed
building, structures or other site improvements.
C.
Diversity of species. Diversity of tree species shall be maintained
where essential to preserving a wooded area.
D.
Woodland integrity. The integrity of a stand of trees shall be maintained
irrespective of whether such stand crosses property lines.
E.
Quality of woodland. The reviewing authority shall evaluate the quality
of the involved tree area, including in its evaluation consideration
of:
(1)
Soil quality;
(2)
Habitat quality;
(3)
Tree species (including diversity of tree species);
(4)
Tree size and density;
(5)
Health and vigor of tree stand;
(6)
Wildlife within the woodland area;
(7)
Understory species and quality;
(8)
Impact on the human environment, such as wind block, noise buffer,
and cooling effect; and
(9)
Historic or specimen trees within the woodland area.
F.
Land clearing. Where the proposed activity consists of land clearing,
it shall be limited to designated street rights-of-way, drainage and
utility areas and areas necessary for the construction of buildings,
structures or other site improvements.
G.
Grubbing. Where grubbing is permitted, it shall not include the removal
of any trees with a diameter breast height of greater than three inches.
H.
Residential development. Where the proposed activity involves residential
development, residential units shall, to the extent reasonably feasible,
be designed and constructed to blend into the natural setting of the
landscape.
I.
Compliance with statutes and ordinances. The proposed activity shall
comply with all applicable statutes and ordinances.
J.
Relocation or replacement; limitation. The proposed activity shall include necessary provisions for tree relocation or replacement, in accordance with § 389-17, and tree protection, in accordance with Article III of this chapter. Tree removal or transplanting shall be limited to instances where:
(1)
Necessary for construction. Removal or transplanting is necessary
for the construction of a building, structure or other site improvement,
and the permit application has shown there is no feasible and prudent
location alternative on site for a proposed building, structure or
other site improvement; or
(2)
Disease, damage, etc. The tree is diseased, damaged or in danger
of falling, is located too close to existing or proposed buildings
or structures, interferes with existing utility service or drainage,
creates unsafe vision clearance or does not conform to other Township
ordinances or regulations.
(3)
Non-native
and invasive species. non-native and invasive species are exempt from
regulation or replacement. A list of non-native and invasive species
shall be approved and maintained by the Township Planning Department.[1]
[Added 10-24-2023]
[1]
Editor's Note: This list has been included as an attachment to this chapter.
K.
Consideration of total acreage. The reviewing authority shall consider
the total acreage of woodlands existing within the Township.
L.
Burden of demonstrating hardship. The burden of demonstrating that
no feasible and prudent alternative location for structures or improvements
without undue hardship shall be upon the applicant.
A.
Review and authority.
(1)
The Township Clerk shall review all applicable materials submitted
for a tree removal permit to verify that the applicant has provided
all required information.
(2)
All applicable materials shall be reviewed by the Township Planner
for his technical analysis and recommendation. The Township Planner
shall notify the Planning Commission of his recommendation for either
granting or denial of the tree removal permit.
(3)
All applicable materials shall be reviewed by the Township Forester
for his technical analysis and recommendation. The Township Forester
shall notify the Planning Commission of his recommendation for either
granting or denial of the tree removal permit.
(4)
Where the site is proposed for development necessitating site plan
review, site condominium approval, or plat approval by the Planning
Commission, the Planning Commission shall be responsible for granting
or denying the tree removal permit, subject to approval, reversal,
or modification by the Township Board with respect to site condominium
or plat approvals.
(5)
Where the site is proposed for development necessitating land division,
the Planning Commission shall be responsible for granting or denying
the tree removal permit, subject to approval, reversal, or modification
by the Township Supervisor.
(6)
Where the site plan review, site condominium approval, or plat approval
by the Planning Commission is not required by Township ordinance,
and where the development does not necessitate land division, denying
of a tree removal permit shall be the responsibility of the Planning
Commission.
B.
Notice. Prior to a determination by the Planning Commission on a
tree removal permit application, notice of the application and the
date, time and location of a Planning Commission meeting at which
the application will be considered shall be published in a paper of
general circulation within the Township. A copy of the notice shall
be mailed to those persons to whom real property adjacent to the proposed
activity is assessed, including property directly across public rights-of-way
and easements. Where the proposed activity does not require site condominium
or plat approval, the notice shall indicate a date prior to which
written comments regarding the application may be submitted to the
Township for consideration by the reviewing authorities.
C.
Denial of tree removal permit. Whenever an application for a tree
removal permit is denied, the permit applicant shall be notified,
in writing, of the reasons for denial.
D.
Granting of a tree removal permit. Whenever an application for a
tree removal permit is granted, the reviewing authority shall:
(1)
Conditions. Attach to the granting of the permit any reasonable conditions
considered necessary by the reviewing authority to ensure the intent
of this chapter will be fulfilled and to minimize damage to, encroachment
in or interference with natural resources and processes within wooded
areas;
(2)
Completion of operations. Fix a reasonable time to complete tree
removal operations; and
(3)
Security. Require the permit grantee to file with the Township a
cash or corporate surety bond or irrevocable bank letter of credit
in an amount determined necessary by the Township to ensure compliance
with tree removal permit conditions and this chapter.
(4)
Validity of a permit.
(a)
Any and all permits issued by the Township as requirements of
this chapter shall be declared null and void if commencement of work
so permitted is not started within a reasonable time, but not to exceed
six months.
(b)
In no case will the permit be valid for more than 24 months.
Permits not used within this period will become null and void, and
future work will require a new application.
(c)
For purposes of this section, a permit shall be used when the
work authorized by the permit is completed.
A.
A permit approved by the Planning Commission shall not be issued
until 10 calendar days following the date of the approval. Any person
who is aggrieved by the granting or denying of a permit required by
this chapter may request an appeal of the decision to the Township
Board.
B.
A request for appeal must be filed within 10 calendar days following
the grant or denial. If an appeal is requested during such ten-day
period, the issuance of any permit shall be suspended pending the
outcome of the appeal.
C.
The Township Board upon review, may reverse, affirm or modify the
determination and/or permit issued by the Planning Commission.
A.
The tree removal permit grantee shall conspicuously display the permit
on site. The permit grantee shall display the permit continuously
while trees are being removed or replaced or while activities authorized
under the permit are performed, and for 10 days following completion.
B.
The permit grantee shall allow Township representatives to enter
and inspect the premises at any reasonable time, and failure to allow
inspection shall constitute a violation of this chapter.
A tree removal permit grantee shall replace or relocate each
removed tree having six inches or greater diameter breast height.
A.
Basis for determining relocation or replacement. The permit grantee shall relocate or replace removed trees on a diameter breast height or height basis, as follows: For deciduous trees, replacement shall be on a total caliper basis, that is, for example, for each tree with a twelve-inch-diameter breast height, there shall be replacement trees with an aggregate of calipers totaling 12 inches, provided no replacement trees shall have a diameter breast height less than 2 1/2 inches; for conifers, replacement shall be based upon total height, with no replacement tree having a height less than six feet. If it is determined, based upon the opinion of a registered forester or registered landscape architect that replacement to the extent required under this provision will result in plantings which do not have sufficient area for growth in the future, a reduction in the requirement specified in this subsection may be permitted to the extent necessary to ensure adequate room for growth, with the provisions of § 389-17B(2), to apply with regard to those trees which have not been planted under this provision.
B.
Replacement tree location.
(1)
Approval required. The Township shall approve tree location or replacement
locations in order to provide optimum enhancement, preservation and
protection of wooded areas. To the extent feasible and desirable,
trees shall be relocated or replaced on site and within the same general
area as trees removed.
(2)
Tree Fund. Where it is not feasible and desirable to relocate or
replace trees on site or at another approved location in the Township,
the tree removal permit grantee shall pay into the Township Tree Fund,
which fund is hereby created, an amount of money established by a
site-specific assessment of the property to determine the specific
impact and effect on the environment caused by the tree removal. The
Township shall use the Tree Fund for the purpose of maintaining and
preserving wooded areas and for planting and maintaining trees within
the Township.
[Added 10-24-2023]
