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.
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.
[Added 10-24-2023]
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:
(3) Tree species (including diversity of tree species);
(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.
[Added 10-24-2023]
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 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]