[HISTORY: Adopted by the City Commission of the City of Lapeer 4-15-1992 (Ch. 49 of the 1978 General
Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tree Ordinance
of the City of Lapeer."
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular
and words in the singular include the plural. The word "shall" is
mandatory and not merely directory.
The City of Lapeer.
Those trees attaining a height of 45 feet or more at maturity.
Those trees attaining a height of 30 to 45 feet at maturity.
The person(s) designated by the City Manager and assigned
to enforce and otherwise carry out the provisions of this chapter.
All City parks having individual names.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
The person owning such property as shown by the property
tax records at the City.
All other grounds owned or controlled by the City.
All shade and ornamental trees, shrubs, bushes, and all other
woody vegetation, now or hereafter growing in any street right-of-way,
public parks, or public places.
Those trees attaining a height of 20 to 30 feet at maturity.
The entire width of every public way or right-of-way, including
alleys, when any part thereof is open to the use of the public for
vehicular and/or pedestrian traffic.
That part of a street or highway, not covered by a sidewalk
or other paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
A.Â
Establishment. There is hereby created a commission to be known as
the "City Tree Commission." The City Tree Commission shall be comprised
of the City Manager, Superintendent of Parks, Director of the Department
of Public Services, and the Director of the Parks and Recreation Department.
B.Â
Duties. The duties of the City Tree Commission shall be as follows:
(1)Â
To study and determine the needs of the City in connection with its
tree planting and maintenance programs.
(2)Â
To recommend to the City Commission the type and kind of trees to
be planted in street or highway rights-of-way, parks or other public
places, and to recommend appropriate programs and procedures for the
maintenance of trees in public rights-of-way, parks and other public
places.
(3)Â
To assist the City Commission and citizens of the City by the dissemination
of information regarding the selection, planting, and maintenance
of trees within the City, whether the same be on public or private
property.
(4)Â
To recommend to the City Commission such ordinance or regulation
amendments concerning the tree program and activities as may, from
time to time, be appropriate.
A.Â
Authority. The Municipal Arborist shall have the authority to enforce
the provisions of this chapter.
B.Â
Supervision. The Municipal Arborist shall have the authority and
duty to supervise or inspect all work done under a permit issued in
accordance with the terms of this chapter.
C.Â
Master Street Tree Plan. The Municipal Arborist shall work with the
City Tree Commission to formulate a Master Street Tree Plan which
may, among other things, identify the species and location of trees
to be planted in City streets, parks, and other public places. The
Master Street Tree Plan shall be approved by the City Commission.
From and after the effective date of the Master Street Tree Plan,
or any amendment thereof, all tree planting shall conform to that
plan.
A.Â
Permit required. Except as provided in Subsection E, no public utility company shall plant, spray, fertilize, prune, remove, trim, cut above ground, or otherwise disturb any tree in any street, park, or other public place without first having obtained a permit from the Municipal Arborist.
B.Â
Application. Applications for permits may be obtained from the City
Clerk's office or from the Municipal Arborist and shall be made
not less than five business days in advance of the time the proposed
work is to commence.
C.Â
Standards of issuance. The Municipal Arborist shall issue the permit
provided for herein if the proposed work is reasonably necessary and
the proposed method and manner of the work to be performed complies
with the Arboricultural Specifications and Standards of Practice and
other regulations adopted pursuant to this chapter.
D.Â
Notice of completion. Notice of completion of the work shall be given
to the Municipal Arborist within five business days after the work
has been completed so the Municipal Arborist may inspect the work
to insure compliance with the conditions set forth in the permit.
E.Â
Emergency. In cases of emergency, such as ice storms, rain storms,
wind storms, snow storms, accidents, or other suddenly occurring circumstances,
a utility company may do such cutting, trimming and removing of trees
in street rights-of-way, parks or other public places, as may be reasonably
necessary to restore or maintain utility service to the public, without
first having obtained a permit. Notice of completion of said work
shall be given to the Municipal Arborist within three business days
after such emergency work has been completed so that the Municipal
Arborist may inspect the work to insure compliance with the Arboricultural
Specifications and Standards of Practice and other applicable regulations
contained in this chapter.
A.Â
This section shall not apply to public utility companies.
B.Â
Permit required. No person shall plant, spray, fertilize, preserve,
prune, remove, cut above ground, or otherwise disturb any tree located
in any street, park, or other public place without first filing an
application and procuring a permit from the Municipal Arborist. The
person receiving the permit shall abide by the conditions set forth
in the permit and the Arboricultural Specifications and Standards
of Practice and other regulations adopted pursuant tot his chapter.
C.Â
Applications. Applications for permits must be made at the City Hall
not less than five business days in advance of the time the work is
to be done.
D.Â
Standards of issuance. The Municipal Arborist shall issue the permit
provided for herein if the proposed work is reasonably necessary and
the proposed method and manner of work to be performed complies with
the Arboricultural Specifications and Standards of Practice and other
regulations adopted pursuant to this chapter. Permits shall contain
a date of expiration and the work shall be completed by the expiration
date. Any permit issued under this provision shall be void if its
terms are violated.
E.Â
Notice of completion. Notice of completion shall be given to the
Municipal Arborist within five business days after the work has been
completed in order that the Municipal Arborist may inspect the work
to insure compliance with the conditions set forth in the permit.
A.Â
Promulgation and content. The Municipal Arborist is hereby authorized
to make such rules and regulations as are reasonably necessary to
carry out the intent of this chapter, provided that such rules are
not in conflict with this or any other law of the City or other appropriate
governmental unit, and provided further that such rules are approved
by the City Commission. The rules and regulations may include, among
other things, information to be included in any permits issued under
this chapter, specifications regarding spacing of trees, species and
types of trees permitted in certain circumstances, details regarding
types of sprays permitted.
B.Â
Adherence. Failure to observe any approved rule or regulation shall
be a violation of this chapter.
C.Â
Availability. Such rules and regulations as are approved by the City
Commission shall be published and available for distribution at the
City Clerk's office.
All shrubs and bushes located in the triangle formed by two
right-of-way lines at the intersection of two streets, and extending
for a distance of 25 feet each way from the intersection of the right-of-way
lines on any corner lot within the City, shall be limited to a height
of not more than 30 inches from the top of the curb at street level
in order to permit drivers of vehicles approaching such intersection
to have an unobstructed view. Trees existing in such triangles, whether
on private property or in public rights-of-way or publicly owned property,
may continue to be so located provided that all branches are trimmed
to maintain a clear vision for a vertical height of 12 feet above
the roadway surface, and provided there is sufficient spacing between
trees so that there is no vision obstruction creating a potential
hazard for drivers using the street.
With regard to trees in City streets, parks, or public places,
unless specifically authorized by permit, no person shall:
A.Â
Damage, cut, or carve any such tree.
B.Â
Attach any rope, wire, nails, advertising posters or other contrivance
to such trees.
C.Â
Allow any gaseous, solid or liquid substance which is harmful to
such trees to come into contact with any such tree.
D.Â
Set fire or permit any fire to burn when such fire or the hear thereof
may injure any portion of any such tree.
No person shall interfere with, hinder, or attempt to hinder
or prevent the Municipal Arborist or any of his/her designees from
the performance of their duties under the provisions of this chapter.
It shall be the duty of the owner or occupant of real property
upon which trees are growing to maintain such trees so the trees do
not:
A.Â
Obstruct or shade streetlights.
B.Â
Obstruct the passage of pedestrians on sidewalks.
C.Â
Obstruct the vision of traffic signs.
D.Â
Obstruct the view at any street or alley intersection.
E.Â
In any way present a public menace or hazard. The minimum clearance
of any overhanging potion of any such tree shall be eight feet over
sidewalk, and 12 feet over all streets except those designated as
truck thoroughfares, in which case, the minimum overhang shall be
16 feet.
A.Â
Investigation by Municipal Arborist. The Municipal Arborist or his/her
designee may enter onto private property whereon there is located
a tree, shrub, plant, or part thereof, that is suspected to be a public
nuisance. Such nuisance may include, but is not limited to, any tree,
plant or shrub with an infectious disease or insect problem; dead
or dying trees; a tree, limb, or plant that obstructs streetlights,
traffic signs, or the free passage of pedestrians or vehicles; a tree,
plant or shrub that otherwise poses a threat to the general health,
safety and welfare of the public.
B.Â
Notice to correct. Should any person owning or occupying real property
fail to maintain trees on such property as required in this chapter,
the Municipal Arborist, or his/her designee, may issue a ten-day notice
to correct such violation.
C.Â
Failure to comply. When a person to whom a notice provided for herein
shall fail to comply with the said notice to correct a violation of
this chapter. It shall be lawful for the City to immediately remove
and/or maintain such tree, plant or shrub creating the violation and
bill the total cost thereof to the occupant of said premises, or the
owner of said premises according to the tax records of the Assessor
for City. Failure to pay any such bill within 30 days from the date
thereon shall create a right in the City to add the amount of such
bill to the real property tax rolls for said property, to be collected
the same as other real property taxes in the City.
Should any section, clause, or provision of this chapter be
declared by the courts to be invalid or unenforceable, the same shall
not affect the validity of the remaining provisions of this chapter.
Any person, firm, or corporation violating any of the provisions
of this chapter shall be guilty of a misdemeanor, and upon conviction
thereof, shall be subject to a maximum penalty of 90 days in jail
and/or a $500 fine.
