[HISTORY: Adopted by the Village Council of the Village of
Michiana 12-8-2023 by Ord. No. 2023-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 323, Trees,
adopted 8-16-2004 by Ord. No. 2004-06 (Section 19.000 of the 2001 Code),
as amended.
The purpose of this chapter is to maintain and enhance the quality of life and the present and future health, safety, and welfare of all citizens, to enhance property values in the Village through the proper forestation, stewardship, and promotion of appropriate tree growth in the Village, to ensure proper care and protection of trees on public property, and to ensure that any tree contractor working in the Village complies with Village Ordinance, Chapter 146, Contractor Registration.
As used in this chapter, the following words and phrases shall
have the meanings indicated:
Any injury to or destruction of a tree, including but not
limited to: uprooting; severance of all or part the root system or
main trunk; storage of material on or compaction of surrounding soil;
a substantial change in the natural grade above a root system or around
a trunk; surrounding the tree with impervious paving materials; or
any trauma caused by accident or collision.
Individual trees that display one or more notable, desirable
traits in keeping with the native species of the critical dune area
in Southwestern Michigan.
The diameter, in inches, of a tree measured at 4 1/2
feet above the existing grade.
Any tree, or limb thereof, that has an infectious disease
or insect; is dead or dying; obstructs the view of traffic signs or
the free passage of pedestrians or vehicles; or threatens public health,
safety, and welfare.
The right-of-way (ROW) along a public street as measured
15 feet from the street midpoint to both sides of the street.
All grounds and (ROW) owned or maintained by the Village.
Any tree or woody vegetation on Village-owned or Village-maintained
property or rights-of-way (ROW).
The nonstandard practice of cutting back of limbs, also known
as pollarding, and coppicing, to stubs within a tree's crown
to such a degree so as to remove the normal canopy and disfigure the
tree.
The Village Supervisor of Public Works and Tree Inspector,
or his/her designee.
A record of location and characteristics of individual trees
and, sometimes, characteristics of their environs, within a defined
geographic area by a certified arborist.
The Village of Michiana.
A.
Delegation of authority and responsibility. The Village Council,
Tree Board and Public Works Supervisor, or his/her designee, hereinafter
referred to as the "Tree Inspector" or "Inspector," shall have full
authority and responsibility to plant, prune, maintain and remove
trees and woody plants growing in or upon all municipal streets, ROW,
Village parks, and other public property. This shall include the removal
of trees that may threaten electrical, telephone, gas, or any municipal
water or sewer line, or any tree that is affected by fungus, insect,
or other pest disease.
B.
Coordination among Village departments. All Village departments will
coordinate as necessary with the Tree Inspector and will provide services
as required to ensure compliance with this chapter as it relates to
streets, alleys, ROW, drainage, easements, and other public properties
not under direct jurisdiction of the Director.
C.
Interference. No person shall hinder, prevent, delay, or interfere
with the Director or their agents while engaged in carrying out the
execution or enforcement of this chapter.
D.
Application. This chapter remains in effect 24 hours per day, seven
days per week, 365 days of the year.
The Village Council hereby creates a "Tree Board," hereinafter
referred to as the "Board."
A.
Membership. The Board shall consist of at least three and not more
than five members approved by Village Council, one of whom is an elected
Council member. The Tree Inspector shall also be a member. Members
of the Board will serve without compensation.
B.
Term of office. Board members shall be appointed for three-year staggered
terms. If a vacancy shall occur during the term of any member, a successor
shall be appointed by the Tree Board Chair with approval of the Village
Council.
C.
Chairperson. The Board shall function may choose its own Chairperson,
make its own rules and regulations subject to Village Council review
and approval, and keep a journal of its proceedings. A majority of
the members shall be a quorum for the transaction of business.
D.
Meetings. Meetings will follow Roberts Rules of Order. The Board
shall meet quarterly, or no less than a minimum of two times each
year. All meetings shall be open to the public. The Board chair may
schedule additional meetings as needed.
E.
Duties. The Board shall act in a capacity to the, and shall:
(1)
Coordinate and promote Arbor Day Celebration activities;
(2)
Review and update a five-year Urban Forestry Management Plan (UFMP)
to plant and maintain trees on Village property;
(3)
Support public awareness and education programs relating to trees
and develop and implement an annual calendar of educational activities;
(4)
Review Village department concerns relating to tree care;
(5)
Submit a quarterly report of its activities to the Village Council;
(6)
Assist with the annual application to renew the Tree City USA Designation;
(7)
Maintain a "Tree List" of desired trees for residents wishing to
voluntarily replace and replant trees that were removed from private
property, including any additional guidelines for properties located
in a Critical Dune Area (CDA);
(8)
Creating and maintaining an updated Tree Inventory of trees located
on public property;
(9)
Educating residents on the boundaries of the CDA within the Village;
and
(10)
Other duties that may be assigned by Village Council.
F.
Resignation. Any Board member may resign by submitting in writing
to the Board Chair or, if the Board Chair, to the Council President.
A.
Standards. All planting and maintenance of public trees shall conform
to the American National Standards Institute (ANSI) A-300 "Standards
for Tree Care Operations" and shall follow all tree care best management
practices (BMPs) published by the International Society of Arboriculture.
Also following the Village of Michiana UFMP.
B.
Requirements of franchise utility companies. The maintenance of public
trees for utility clearance shall conform to all applicable utility
industry standards.
C.
Desired tree species list. The Tree Board shall maintain an official
list of desirable tree species for planting on public property in
two classes: desirable species (native to the State of Michigan and
the CDA, per EGLE), and undesirable species (non-native to the State
of Michigan).
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A.
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The following list of trees are examples of desirable
species:
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White oak (Quercus alba)
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Red maple (Acer rubrum)
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Sugar maple (Acer saccharum)
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American linden/basswood (Tilia americana)
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Black gum or Tupelo (Nyssa sylvatica)
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Flowering dogwood (Cornus florida)
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Hickory (Carya spp)
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Hop-hornbeam or Ironwood (Ostrya virginiana)
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Hornbeam or blue beech (Carpinus caroliniana)
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Ironwood (Ostrya virginiana)
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Smooth shadbush (Amelanchier laevis)
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Kentucky Coffeetree (Gymnocladus dioicus)l
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Juneberry (Amelanchier laevis and A. canadensis)
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Eastern red cedar (Juniperus virginiana)
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Eastern white pine (Pinus strobus)
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Balsam fir (Abies balsamea)
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Hemlock (Tsuga canadensis)
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White cedar/Arborvitae (Thuja occidentalis)
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B.
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The following trees shall be deemed to be undesirable
tree species (unless located in a designated wetland or floodplain
and/or protected by state or federal law):
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Black alder (Alnus glutinosa)
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Black cherry (Prunus serotina)
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Black locust (Robinia pseudoacacia)
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Box elder (Acer negudo)
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Catalpa (Catalpa speciosa)
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European white birch (Betula pendula)
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Gingko (Gingko biloba, male and female)
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Common honeylocust (Gleditsia tiancunthis), thorned variety
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Japanese maple (Acer palmatum)
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Norway maple (Acer platanoides)
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Russian olive (Elaeagnus angustifolia)
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Silver maple (Acer saccharinun)
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Tree of heaven (Ailanthus altissima)
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White mulberry (Morus alba)
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Red mulberry (Morus rubras)
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Poplars (Populus secies)
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Willows (Salix species)
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Siberian elm (Ulmus pumila)
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Russian olive (Elaeagnus angustifolia)
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D.
Permits.
(1)
A tree removal permit is required when any tree is planned for removal.
(a)
Permits shall be obtained from the Village Clerk on a form provided.
(b)
The Tree Inspector shall review the permit application for compliance
with this chapter.
(c)
The Tree Inspector shall perform a site visit to measure and
document the affected tree(s) and update the UFMP Tree Inventory.
(d)
The Tree Inspector shall provide a permit with detail related
to the trees planned for removal and any required replacement to the
resident or agent.
(e)
If replacement trees are required for the ROW, see Tree List.
(2)
All replacement trees shall be considered protected trees at time
of placement, ideally of caliper size 1.5 inches to 2.5 inches DBH
or greater of a balled and burlap tree(s).
E.
Planting distances. The Board and Tree Inspector shall maintain an
official set of spacing requirements for the planting of trees on
public property. The replanting and placement of public tree are within
the discretion of the Tree Board. No tree may be planted within the
visibility triangle of a street intersection or within 10 feet of
a fire hydrant.
F.
Planting trees under electric utility lines. For the protection of
the public, and for the health, safety, and welfare of Village residents
and guests, only trees listed on the approved Village tree species
list and under 15 feet in height at maturity may be planted under
or within 15 lateral feet of any overhead utility wire. No oaks or
pines to be planted above underground utilities due to their large
tap roots.
G.
Tree service. Any tree service or contractor removing or trimming trees in the Village of Michiana shall be required to have a permit under Chapter 146, Registration of Contractors. A state permit from the Department of Environment, Great Lakes, and Energy (EGLE) may be required prior to any removal of a tree in a CDA, MCLA § 324.35304, Permit for use in Critical Dune Area.
H.
Oak wilt. Public trees identified as oak will not be pruned between
April 15 and August 15 per recommendation of the Michigan Department
of Natural Resources (MDNR). This is also strongly recommended for
trees on private property. In the event where a tree is damaged or
needs pruning, tools must be sanitized, and a latex-based paint must
be applied to the wound immediately after pruning.
I.
Pesticides. No neonicotinoids pesticides are to be used on public
trees for any sort of treatment until all flowers are gone for the
protection and health of local wildlife and the public.
J.
Stumps. Removal of trees that are threatening a structure, utility
line, or human safety, provided that the trees are removed in such
a manner to not cause a contour change on the surrounding dune and
the stump and root system are left in place to minimize erosion.
A.
It shall be unlawful for any person, firm, or corporation to damage,
remove, or cause the damage or removal of a tree on a public ROW without
acquiring a permit from the Tree Inspector. The owner of land adjacent
to any Village street or highway shall not plant any trees in the
public ROW area without a permit from the Tree Inspector. Property
owners are responsible for the reasonable and routine maintenance
of trees and other landscaping in the adjacent parkway area. Following
written notice from the Tree Inspector, trees or overhanging limbs
that are obviously diseased, dying or dead shall be removed at the
homeowner's expense, unless the tree is in the Village ROW.
B.
No property owner shall allow a tree, or other plant growing on his/her
property to obstruct or interfere with pedestrians or the view of
drivers, thereby creating a hazard. If an obstruction persists, the
Tree Inspector and Tree Board shall notify the property owner in writing
to prune or remove the tree or plant that obstructs the view of drivers.
If the owner fails to comply with the notice, the Village may undertake
the necessary work and charge the cost to the property owner on the
property tax bill.
C.
Protection of public trees during construction. A person, firm, corporation,
or Village department performing construction near any public tree
must employ appropriate measures to protect the tree, including, but
not limited to, placing barriers around the tree to prevent damage.
D.
It shall be unlawful for any person, firm, or corporation to attach
any cable, wire or signs or any other object to any street, park,
or public tree.
E.
It shall be unlawful for any person, firm, or corporation to "top"
any public tree. Trees severely damaged by storms or other causes,
where best pruning practices are impractical, may be exempted from
this provision at the determination of the Tree Inspector.
A.
Any tree, or limb thereof, on private property determined by the
Tree Board and or Tree Inspector to have contracted a lethal, communicable
disease or insect; to be dead or dying; to obstruct the view of traffic
signs or the free passage of pedestrians or vehicles; or that threatens
public health, safety, and welfare, is declared a nuisance and the
Village may require its treatment or removal.
B.
Private property owners have the duty, at their own expense, to remove
or treat nuisance trees that constitute a hazard to life, property,
harbor insects or disease. The Village may remove such trees at the
owner's expense if the owner does not comply with treatment and/or
removal as specified by the Tree Inspector within the written notification
period.
Appeals to decisions by the Tree Inspector and/or the Tree Board
shall be heard by Village Council. An aggrieved party shall submit
a written appeal of a decision under this chapter within 10 days of
the decision to the Village Clerk.
Ordinance violation for unlawful, unpermitted removal of public
trees is declared a civil infraction. A violation of any provision
of this chapter is a municipal civil infraction, which shall be punished
by a fine of not less than $500 per tree. In addition to the fine,
a person who violates this chapter shall pay fair market value for
replacement of any tree in a public ROW as determined by an appraisal
of value by a certified arborist. In all instances, the City's
costs of enforcement, abatement, and prosecution, including attorney
fees, shall be itemized, and be added to any fine imposed by the court.
In addition to the penalties provided by this section, the court shall
have equitable jurisdiction to allow the Village to perform an emergency
removal of any tree on private property that immediately endangers
the life or safety of the public, and to enforce any judgment, writ,
lien, or order necessary to enforce any provision of this chapter,
including but not limited to abatement of the violating condition
or granting any injunctive relief requested by the City. Each act
in violation of any of the provisions hereof shall be deemed a separate
offense.
This chapter shall take effect immediately upon its passage
and publication as required by law.
If any part or provision of this chapter is declared invalid
or unenforceable, such declaration shall not affect the validity or
enforceability of the remaining portions of this chapter.
Any prior ordinances or regulations that are inconsistent with
the provisions of this chapter are hereby repealed to the extent of
such inconsistency.
