[1]
Editor's note: Section 1 of Ord. No. 2002-12, adopted Oct. 15, 2002, added provisions designated as §§ 128-1 - 128-10. In order to conform with the numbering style and reorganization of the 2002 Code, said provisions have been redesignated, at the discretion of the editor, as §§ 22-171 - 22-180. The original designations have been maintained in the history notes following each section.
Cross reference: Vegetation, ch. 82.
[Ord. No. 2002-12, 10-15-2002]
The Township Board of the Charter Township of Meridian finds
the following:
(a)
Regulation of the removal or alteration of trees; forest resources;
other forms of existing vegetation and topography will protect important
physical, aesthetic, recreational and economic assets for both present
and future generations of the Charter Township of Meridian; and
(b)
Trees, forest resources and other forms of existing vegetation are
essential components to the general welfare of the Township by providing
natural beauty, natural character, recreational opportunities, and
wildlife habitat and by protecting public health through the absorption
of airborne pollutants and generation of oxygen, through the reduction
of excessive noise pollution, through their cooling properties in
the summer months and through their root systems, stabilizing the
soil, playing an important and effective part in soil conservation,
erosion control, and flood control; and
(c)
Disturbance of or alteration of existing topography impacts drainage
ways which can contribute to erosion and damage to adjacent properties
if undertaken without site review prior to the disturbance or alteration
to assure that proper measures are installed to prevent or reduce
erosion or damage; and
(d)
In order to assure the assessment of parcels, in compliance with
the Meridian Township Code of Ordinances, parcels must remain undisturbed
by clearing, grading and removal of vegetation prior to the review
and issuance of permits, approvals, special use permits or variances.
[Ord. No. 2002-12, 10-15-2002]
The purpose of this article is to provide:
(a)
For the protection, preservation, and use of trees, forest resources,
and other forms of existing vegetation and to minimize adverse impacts
and loss of resource value in the removal of vegetation and alteration
of existing topography.
(b)
For the paramount public concern for these natural resources in the interest of the health, safety and general welfare of the residents of this Township, in keeping with Article IV, § 52 of the Michigan Constitution of 1963, and the intent of the Michigan Natural Resources and Environmental Protection Act (Act 451, Public Acts of 1994, as amended).
(c)
Compliance with Part 17, Michigan Environmental Protection Act (Act
451, Public Acts of 1994, as amended), which imposes a duty on government
agencies and private individuals and organizations to prevent or minimize
the pollution, impairment or destruction of the natural resources
that is likely to be caused by their activities.
(d)
For the protection of the general health, welfare and safety of the
Township pursuant to MCL § 42.15.
(e)
For a complete and accurate site assessment required under the Meridian
Township Code of Ordinances prior to disruption or alteration of natural
site conditions and resources.
[Ord. No. 2002-12, 10-15-2002]
The following definitions shall apply to the words and terms
used in this article:
A person skilled and trained in the arts and sciences of
municipal arboriculture, and shall hold a college degree or its equivalent
in arboriculture, horticulture, forestry, or other closely related
field.
Disturbance of the existing topography and all or a portion
of the existing trees and/or vegetation on a parcel by operations
including, but not limited to, tree and vegetation cutting or removal,
grading, filling, or excavating materials such as soil, sand, gravel,
clay, peat, mud, debris, refuse, or underground structures and facilities
or wells.
The diameter of a tree measured at 4.5 feet above grade.
An imaginary vertical line extending downward from the outermost
tips of the tree branches to the ground.
Earth stripping, cutting, filling, excavating or stockpiling
or any combination thereof.
A tree that is likely to cause injury to person or property
as determined by the criteria established by the International Society
of Arboriculture.
A designated parcel, lot, tract, building site or other interest
in land established by plat, subdivision, conveyance, condominium
master deed or as otherwise permitted by law to be used, developed
or built upon as a unit.
An individual, sole proprietorship, partnership, corporation,
association, municipality, this state, an instrumentality or agency
of this state, the federal government, or an instrumentality or agency
of the federal government, or other legal entity.
The area surrounding a tree equivalent to 1 1/2 times
the height of the tree.
[Ord. No. 2002-12, 10-15-2002]
This article shall apply to all parcels in the Township of Meridian
which are undeveloped or unimproved at the time of the effective date
of this article.
[Ord. No. 2002-12, 10-15-2002]
It shall be unlawful for any person to clear or permit the clearing
of a parcel except as follows:
(2)
Actions made necessary by an emergency, such as tornado, windstorm,
flood, freeze, dangerous and infectious insect infestation or disease,
or other disaster, in order to prevent injury or damage to persons
or property or restore order, and where it would be contrary to the
interest of the public, or to the health or safety of one or more
persons, to defer cutting pending submission and processing of an
application to cut or remove.
(3)
The removal of a hazardous tree.
(4)
Where the owner of the parcel can show all of the following:
a.
The clearing is necessary for the economic use of the parcel.
b.
The clearing will have minimal impact on the resources intended to
be protected by this article, to the greatest extent possible.
c.
The proposed use of the parcel is dependent on the clearing.
d.
The clearing will cause no unacceptable disruption to natural resources.
e.
That there is no feasible and prudent alternative location or methods
to accomplish the benefits from the clearing activity that will have
less of an impact on resources.
f.
The proposed use of the parcel is a reasonable use in accordance
with applicable local ordinances and state law.
(5)
The maintenance of rights-of-way, easements, lines or facilities
by a public utility, drainage district, the Ingham County Drain Commissioner,
the Ingham County Road Commission, Michigan Department of Transportation
or Township of Meridian. Maintenance work performed by the Meridian
Township Parks Department.
(6)
Operations of a plant or tree nursery farm which is licensed by the
State of Michigan, in relation to those trees planted and growing
on the premises of the license, which are planted and grown for sale
to the general public in the ordinary course of the licensee's
business.
[Ord. No. 2002-12, 10-15-2002]
A determination for the allowance of clearing pursuant to § 22-175(3) and (4) above shall be made by the Director of Community Planning and Development following application by the person proposing the clearing activity and inspection by the Director of Community Planning and Development. The receipt of the application shall constitute permission from the owner for the Township or its consultant to conduct an on-site investigation. In making the determination to allow or disallow the clearing activity the director shall retain the services of a qualified forester or other qualified environmental consultant. The cost of the fees for said forester or consultant shall be paid by the person proposing the clearing activity. The person seeking approval and exemption under this provision shall establish an escrow with the Township for the purpose of covering the costs of the consultant retained by the director. An application form shall be developed by the Director of Community Planning and Development. Applications for clearing shall be accompanied by an application fee in an amount specified by resolution of the Township Board. The Director of Community Planning and Development shall approve, approve with conditions or deny the application within 30 days after receipt of a complete application.
[Ord. No. 2002-12, 10-15-2002]
(a)
Any person aggrieved by the decision of the Director of Community
Planning and Development may appeal the decision to the Township Board
by filing a written statement containing the specific reasons for
the appeal with the Township Clerk within 10 calendar days following
the date of the decision. The timely filing of an appeal shall have
the effect of staying the approval for clearing pending the outcome
of the appeal.
(b)
Any person may seek a waiver of the requirements of this article,
by filing a request for review by the Township Board of Trustees.
The Township Board may grant a total or partial waiver if it finds
that proposed activity is not inconsistent with the purposes and intent
of this article.
(c)
The Township Board shall hold a hearing on the appeal or request
for waiver which shall be open to public comment and shall include
opportunity for the appealing party to present their appeal.
(d)
Notice of the time and place for consideration of an appeal or request
for waiver shall be placed in a newspaper of general circulation in
the Township not less than five days prior to the date of the hearing.
A notice shall also be sent by mail or personal delivery to the owners
of the property considered in the appeal or request for waiver, and
to all owners listed on the most recent tax roll of real property
within 300 feet of the boundary of the property in question. Said
notice to be sent not less than five days prior to the hearing.
(e)
The Township Board's decision on the appeal shall affirm, affirm
with conditions, or reverse, the decision of the Director of Community
Planning and Development. The board's decision on the appeal
or request for waiver shall be based on written findings.
[Ord. No. 2002-12, 10-15-2002]
In no case shall any person remove, clear or cut vegetation
listed as endangered or threatened species or a species of special
concern by the State of Michigan or United States of America without
a permit issued by the authorized state or federal agency. Prior to
the removal, cutting or clearing of endangered, threatened or special
concern species, copies of the state or federal permit shall be filed
with the Director of Community Planning and Development.
[Ord. No. 2002-12, 10-15-2002]
(1)
Before development, land clearing, filling, or any operation commences, the owner, developer or builder shall be required to erect protective measures for remaining trees. Such measures shall be as approved by the Director of Community Planning and Development. The protective measures shall, at a minimum, comply with the provisions as set forth in subsection (2). Such protection shall remain in its approved location until such time as it is authorized to be removed by the director, or issuance of a final certificate of occupancy. During construction, no attachments or wires shall be affixed to any trees so protected. Substantial material shall be utilized in the construction of the barriers. Barriers will be required for all trees being protected. Property areas separate from the construction or land-clearing area into which no equipment will venture shall be ribboned off.
(2)
The following methods of tree protection shall be used during construction:
(a)
The root zone should be protected from compaction by fencing
this area around the tree. The dripline should be fenced if space
does not allow the entire root zone to be protected. If the area inside
the dripline must be affected, an arborist needs to be consulted to
consider alternate construction methods, provide remedial treatment
to the tree, and determine the minimum space allowable. The amount
of soil area the tree requires to survive is determined by the age,
health and species. At a minimum, "protective fencing" should consist
of a metal chain link or wire farm fence or wood four by four posts
with two by six cross pieces constructed as noted in Figure 1. No
activity shall be conducted within the area of protective fencing
of any tree designated to be retained.
Figure 1 — Tree Protection
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(b)
When determined by the arborist, as necessary, wood chips (mulch)
with a minimum depth of four to six inches are to be placed under
all protected trees before construction begins. Wood chips should
start a foot from the trunk and extend to the dripline to prevent
compaction should a vehicle violate the protective fence. Wood chips
shall be left in place after construction.
(c)
Trenching or digging in the root zone of a tree shall be avoided.
Directional boring machines shall be used instead of trenching to
install gas and electrical lines where feasible.
(d)
Roads and driveways shall be located as far from trees as possible.
If a temporary drive is needed in the root zone, up to 12 inches of
wood chips shall be used as base for the equipment to drive on.
(e)
Water and fertilization needs of the trees are to be monitored
during and after construction.
[Ord. No. 2002-12, 10-15-2002]
(a)
Any person violating any of the provisions of this article shall be responsible for a municipal civil infraction. The municipal civil infraction is subject to issuance and sanctions as provided by § 1-8 of this Code.
(b)
In addition to the penalties provided for in this section, any person
who violates any provision of this article shall forfeit and pay to
the Township a civil penalty of $350 per inch d.b.h. of each tree
removed in violation of this article. Such sum shall accrue to the
Township and may be recovered in a civil action brought by the Township.
Replacement of illegally removed trees and vegetation may be required
as restoration in lieu of money. This replacement will be computed
on an inch-for-inch ratio based on the total diameter measured at
d.b.h. in inches of the illegally removed trees and restoration of
vegetation. If, because of destruction of the removed trees, exact
inch-for-inch measurements cannot be obtained, the Township may use
other means to estimate the tree loss. A combination of money and
tree replacement may be required.
(c)
Any use or activity in violation of the terms of this article is
hereby declared to be a nuisance per se, and may be abated by order
of any court of competent jurisdiction. The Township Board, in addition
to other remedies, may institute any appropriate action or proceeding
to prevent, abate or restrain the violation. All costs, fees and expenses
in connection with such action shall be assessed as damages against
the violator.
(d)
If activities are conducted contrary to the provisions of this article
or other applicable laws or ordinances, the Director of Community
Planning and Development shall give written notice to the person conducting
the activity, notifying him of the violation of this article, or other
applicable law or ordinance, ordering that the activity be stopped,
and to appear and show cause why the activity should not be stopped.
If the person conducting the activity fails to appear and show good
cause within one full workday after notice is delivered, the Director
of Community Planning and Development shall cause a written order
to stop the activity to be posted on the premises. A person shall
not continue, or cause or allow to be continued, activity in violation
of an order to stop, except with permission of the director to abate
a dangerous condition or remove the violation, or except by court
order. If an order to stop is not obeyed, the Township may apply to
the circuit court for the county in which the premises are located
for an order enjoining the violation of the order. This remedy is
in addition to, and not in limitation of, any other remedy provided
by law or ordinance, and does not prevent criminal prosecution for
failure to obey the order.
(e)
Any person violating the provisions of this article shall become
liable to the Township for any expense or loss or damage occasioned
by the Township by reason of such violation including, but not limited
to, actual attorneys fees, filing fees and witness fees.
