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City of Roseville, MI
Macomb County
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Minutes (2259)
[HISTORY: Adopted by the City Council of the City of Roseville 4-12-2022 by Ord. No. 1324.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 324, Trees, adopted 2-28-1984 by Ord. No. 895 as Art. I of Ch. 324 of the 1984 Code; as amended in its entirety 7-27-1999 by Ord. No. 1125.
A. 
The City Manager or designee shall have authority over all trees growing on public lands under City jurisdiction. The City Manager shall assign the responsibility to the Director of Public Services and Public Services Department to implement and carry out a plan and program for the care, preservation, trimming, pruning, planting, removing, or similar practice for these public trees.
B. 
Persons aggrieved by a ruling, regulation, charge or other public-tree-related practice by the Director of Public Services or Public Services Department employees shall have direct access and appeal rights to the City Manager or designee. The City Manager or designee may confirm, reinforce, modify or repeal any such ruling, directive or charge.
A. 
It shall be unlawful for any person to prevent, delay or interfere with, or to cause, authorize or procure any interference with, the Director of Public Services or in any forestry operations or in removing any device attached to any tree, plant or shrub. It shall also be unlawful for any person to procure any interference with the Director of Public Services or any employees or agents while they are engaged in the execution of enforcement of the provisions of this chapter.
B. 
Nothing herein shall be construed as an attempt to prohibit a public hearing or the permitting of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.
The species set forth in this section shall constitute the official street tree species for the City of Roseville. Species other than those included in this section may not be planted as street trees without written permission of the Director of Public Services. The minimum diameter for each tree planted shall be two inches in diameter at one foot above ground with a minimum height of eight feet. All plantings will be protected with tree guards. Contact the DPS Director for a current list of acceptable trees.
A. 
Large trees (50 feet or more):
(1) 
Autumn Blaze Freeman Maple (Acer x freemanii/Jeffersred).
(2) 
Green Mountain Sugar Maple (Acer saccharum).
(3) 
Hearty Hybrid Elm (Ulmus carpinifolia x pumila).
(4) 
Littleleaf Linden (Tilia cordata).
(5) 
October Glory Maple (Acer rubrum).
(6) 
Sweetgum (Liquidambar styraciflua).
(7) 
Skymaster English Oak (Quercus robur "Pyramich").
(8) 
Armstrong Red Maple (Acer rubrum).
B. 
Medium trees (30 to 50 feet):
(1) 
Black gum (Nyssa sylvatica).
(2) 
Crimson King Maple (Acer platanoides/"Crimson King").
(3) 
Norwegian Sunset Maple (Acer truncatum/Norwegian Sunset® maple).
(4) 
Regal Petticoat (Acer pseudoplatanus "Tunpetti").
(5) 
Aristocrat Pear (Pyrus "Aristocrat").
C. 
Small trees (15 to 30 feet):
(1) 
American Hornbeam (Carpinus caroliniana).
(2) 
Amur Maple (Acer ginnala/tree form).
(3) 
Eastern Redbud (Cercis canadensis).
(4) 
Serviceberry "Autumn Brilliance" (Amelanchier x grandiflora).
(5) 
Snowdrift Crab (Malus snowdrift).
(6) 
Japanese Lilac (Syringa reticulata).
A. 
It shall be unlawful for any person to plant, have, or keep a cottonwood, boxelder, silver maple, ash, horse chestnut, tree of heaven, locust, sycamore, elm (except hybrid), birch, catalpa, mulberry, willow, black walnut, oak (red, white or burr), any fruit-bearing tree (apple, pear, etc.) or evergreens within any public right-of-way within the City limits. However, existing trees shall be allowed unless the Director of Public Services determines removal is appropriate.
B. 
No person, except the City, shall plant a tree or shrub in any public highway or public place without first procuring permission from the Public Services Director. Should a property owner plant a prohibited species in a public right-of-way, they will receive written notice that the tree is not in compliance with City Code and therefore should be moved to an acceptable location and the right-of-way restored. The time frame for completion will be determined by the DPS Director. If the tree is not removed, the City will do so and the property owner will be responsible for any/all related costs.
A. 
The spacing of street trees will be in accordance with the three species size classes listed in § 324-3, and no trees may be planted closer together than the following, except as approved in writing by the Director of Public Services:
(1) 
Small trees: 30 feet.
(2) 
Medium trees: 40 feet.
(3) 
Large trees: 50 feet.
B. 
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 324-3, and no trees may be planted closer to any curb or sidewalk than the following:
(1) 
Small trees: two feet.
(2) 
Medium trees: three feet.
(3) 
Large trees: four feet.
Vertical Clearances: Tree Canopy Above Surfaces from Clearance to Standard Clearance
Surface
Tree Projection
Distance
Sidewalk
Any horizontal projection over surface
8 feet
Roadway
Tree limbs (other infrastructure requires more clearance)
14 feet
Bicycle Path
Any horizontal projection over named surface
10 feet
Lateral Clearances: Tree Planting Adjacent to Other Infrastructure
From Clearance
To
Standard
From Tree Center line
Face of curb (dependent on species and grow space)
Minimum 2 feet
Sidewalk or walkway (dependent on species and grow space)
Minimum 2 feet
Driveway (measured from the edge of driveway at the sidewalk)
Minimum 7.5 feet
Edge of streetlight poles
20 feet
Edge of fire hydrants
8 feet
Edge of utility poles
10 feet
Any street corner as measured from the point of intersecting curblines
25 feet
The City shall have the right to plant, prune, maintain and remove street trees, park trees, plants and other vegetation within the lines of all streets, alleys, avenues, lanes, squares, rights-of-way and public grounds as may be necessary to ensure public safety or to preserve and enhance the symmetry and beauty of such public grounds. The Public Service Department may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to public utilities or other public improvements, or is affected with any injurious fungus, insect or other pest. This section shall not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with the provisions of this chapter.
No person shall plant, remove, prune, cut, molest, break, deface, destroy, spray, repair or do surgery work upon any tree or part thereof or in any manner interfere with, disturb or injure any tree that is now or may hereafter be growing upon any public property within the City; nor shall any chemical, either solid or fluid, seep, drain or be emptied on or about any tree that is now or may be planted upon any public highway with the City, without first obtaining a written permit from the City.
No person shall be permitted to hitch any animal to any tree nor fasten to, for the purpose of anchorage, any wire, rope, chain or cable; nor shall any person nail, tie or in any other manner fasten any cards, signs, posters, boards or any other article to any tree that is now or may hereafter be growing upon any public property within the City.
A. 
Every owner of any tree overhanging any street right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any streetlamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street and eight feet above the surface of the sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs that constitute a menace to the safety of the public.
B. 
The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic control device or sign or presents an obstruction to a public thoroughfare, including but not limited to sidewalks, streets or alleys.
A. 
The City shall have the right to cause the removal of any dead or diseased tree or parts thereof on private property within the City when such trees or parts thereof constitute a hazard to life and property or harbor insects or disease that constitute a potential threat to other trees and/or private property within the City.
B. 
The City Code Enforcement Officer shall have authority to abate any condition declared to be a public nuisance on public or private property in accordance with the following procedures:
(1) 
The City Code Enforcement Officer shall first take such legal action as may be necessary to enter onto any lot or premises within the City of Roseville for the purpose of examining trees, plants and shrubs for the existence of an alleged public nuisance. In the case of suspected infestation, a designated forestry official may remove such specimens or samples as may be necessary or desirable for diagnosis.
(2) 
If a resident is concerned that a tree on private property is infested or dangerous, they must obtain a written report from a certified arborist with a tree risk assessment qualification, at the expense of the complainant. Once said letter is received and concerns are substantiated, a Code Enforcement Officer shall then give written notice to the person responsible for the maintenance of said public nuisance, specifying in particular the nature of the public nuisance, the corrective action to be taken to abate the public nuisance, and the time limit for the abatement of the public nuisance, which shall be a reasonable time, but not to exceed 30 days from the time the notice is served unless otherwise approved. The notice shall be served in accordance of the City Code.
(3) 
If, at the expiration of the time limit in the notice, the person responsible for the public nuisance has not complied with the requirements of the notice, the Code Enforcement Officer shall carry out the requirements of the notice, take other action as permitted by this Code or state law, or otherwise abate the public nuisance.
C. 
Nuisance abatement costs on private property.
(1) 
The owner of the property shall be liable for all costs incurred by the City in connection with the abatement of a public nuisance on private property, whether the City performs the work, a City contractor or vendor performs the work, or the person or persons with ownership of the property perform the work or otherwise bring the property into compliance with the applicable provisions of City Code.
(2) 
All of the costs of enforcement activities provided for in this chapter and incurred by the City shall be billed to the owner of the property, or other clearly responsible party, and shall be paid within 30 days of mailing. All costs of such abatement-related and enforcement activities shall be a personal debt owed to the City by the person billed for the public nuisance and, if unpaid, may be assessed as a lien on the property.
Any person who shall violate any provision of this chapter or any lawful order issued in pursuance of the provisions hereof shall be punished as provided in Chapter 1, General Provisions, Article I. Imposition of any penalty for a violation of this chapter shall not be construed as a waiver of the right of the City to collect the costs of removal of such trees or plants or parts thereof, repair damages and/or replace such trees or plants in accordance with the provisions of this chapter.