The purpose of this chapter is to provide for
the protection, preservation and conservation of the Township's
woodland systems, natural corridors, heritage trees and protected
trees by providing a planting and reforestation and woodland acquisition
program, and by managing and protecting the following environmental
qualities:
A. Ecological. Provide for the protection, preservation,
replacement, and proper maintenance and use of woodland systems in
order to maintain ongoing natural processes such as water cycling,
nutrient cycling, and photosynthesis/transpiration; to minimize disturbance
and structural changes to vegetative cover; and to minimize damage
from erosion, siltation, windthrow and disease.
B. Forestry. Prohibit the unregulated cutting of trees
or harvesting of forest products within a woodland; to establish a
permit process which will regulate the cutting of trees and harvesting
of forest products; and to prescribe the review process for the issuance
of tree cutting and harvesting permits.
C. Aesthetic character. Protect the Township's woodland
systems and trees in order to maintain and improve their current and
future visual character, not only for residential areas and homesites,
but also as natural settings for development in all zoning districts.
D. Conservation. Protect the reproductive and regenerative
capabilities of all woodland systems to maintain plant and tree diversity;
protect groundwater recharge areas; maintain visual screening, windbreak,
dust collection and noise barrier characteristics exhibited by woodland
systems.
E. Wildlife habitats. Protect the existing woodland systems
in the Township in order to limit the loss of existing wildlife habitat,
to maximize the quality and quantity of woodland corridors available
across the Township, and to encourage habitats suitable for wildlife
communities.
F. Recreational use. Protect the natural environment
of wooded areas in order to provide recreational trail systems linked
throughout the Township for pedestrian hiking and other passive uses.
G. Rare species habitats. Protect individual trees which
are known to be rare within the southeastern area of the State of
Michigan, or have reached a certain age of maturity to be considered
a landmark specimen or which are known to represent historical value
to the community.
Terms not specifically defined in this chapter
shall have the conventional meaning. The following words and phrases
shall be defined as follows:
BASAL AREA
The cross-sectional area of a tree trunk measured at 4 1/2
feet above the existing grade.
BUILDING ENVELOPE
The area of the lot where a building may legally be constructed.
The building envelope is defined by the required front yard, rear
yard and side yard setbacks.
BUILDING FOOTPRINT
The area enclosed or to be enclosed by the exterior walls
of a building.
CONSTRUCTION ZONES
The exact size and placement of construction zones will be
determined by the Planning Commission or the Department of Community
Development during the permit process, but will include, at a minimum,
the following areas:
A.
The building footprint(s) plus a maximum surrounding
25 feet and a twenty-foot-wide utility driveway access for all principal
building(s) on the property. These areas shall total no more than
1/3 of the minimum lot or parcel size defined in the underlying residential
zoning. This fraction is increased to 2/3 in R-1-C zoning.
B.
Road rights-of-way, utility easements and areas as identified in Subsection
C.
C.
Designated areas that must incur regulated tree
losses due to engineering requirements such as infrastructure, but
not limited to utilities, swales, site grading, or other regulatory
requirements.
D.
Designated areas defined in a building permit
that must incur regulated tree losses due to construction of secondary
structures.
E.
For commercial, industrial and special land
use developments, the area necessary to provide the minimum number
of parking spaces required by other ordinances.
DRIP LINE
An imaginary vertical line which extends downward from the
outermost tips of the tree branches to the ground.
ENVIRONMENTAL RESOURCES TRUST FUND
A fund to be exclusively used for activities associated with
the acquisition of woodland systems, land acquisition for reforesting,
or planting of woodland systems and natural corridors.
GRUBBING
The removal of understory vegetation, groundcover, shrubs
or trees on any area greater than 10,000 square feet. In those instances
when grubbing is permitted, it shall not include the removal of any
trees with a dbh of greater than six inches.
HERITAGE TREE
A heritage tree shall include any tree known to have significance
because of its size, location, and/or memorial or historic value as
designated by the Township or the state, not excluding other cognizant
authorities. The Natural Resources Committee or others as designated
by Board is responsible for providing a list and map of such trees
to the Township for Board approval.
IMPACT
The effect of operations on any area.
LAND CLEARING
Those operations where trees and vegetation are removed.
Operations may include locating, constructing, placing, inserting
or excavating materials such as soil, sand, gravel, clay, peat, mud,
debris or refuse.
MICHIGAN BIG TREE
Swamp white oak, Honeylocust, Downy Hawthorn, and all others
registered by the Michigan Department of Natural Resources.
NATURAL CORRIDOR TREE
Any tree which is located within a natural corridor identified
on the Township Natural Corridor Map and described by the Grosse Ile
Natural Corridor Description.
OPERATIONS
The locating, moving or depositing of any material, or any
construction use or activity, or a combination thereof, which in any
way modifies the condition of land subject to this chapter.
OWNER
Any person who has dominion over, control of, or title to
any land in the Township.
PERSON
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including governmental
agencies conducting operations within the Township, and all tree removal
companies and persons removing trees on behalf of self or others.
PROTECTED AREA
Area between the trunk of a regulated tree, extending to
the dripline of the tree canopy.
PROTECTIVE BARRIER
A physical structure limiting access to a protected area
composed of tape or other suitable materials which ensures compliance
with the intent of this chapter.
REMOVAL or REMOVE
The cutting, injury and/or destruction of trees or any form
of vegetation by any method on any lands subject to this chapter.
STRUCTURE
Any assembly of materials above or below the surface of the
land or water including, but not limited to, houses, buildings, bulkheads,
piers, docks, landings, dams, waterway obstructions, towers and utilities
TRANSPLANT
The digging up of a tree from one place on a property and
the planting of the same tree in another place on the same property
or off-site property approved by the Township.
TREE
A woody plant with an erect perennial trunk which at maturity
is 13 feet or more in height and which has a more or less definite
crown of foliage.
TREE SURVEY
Registered survey which includes the identification of regulated
trees with a permanent tag or marker, a corresponding list of common
name and species, tree size and the location of all regulated trees
on a topographic plan drawing.
TREE WELL
A structure constructed of masonry, wood, metal or other
material approved by the Township that serves to protect the trunk
and roots of a tree from being covered by soil or other material.
A tree well must be constructed so as not to create a safety hazard..
WOODLAND
A forested area of 1/2 acre or more with a gross basal area
of 30 square feet per 1/2 acre and containing a minimum of 20 trees
per 1/2 acre greater than six inches in dbh. The dripline of the trees
define the area of the woodland.
A tree removal/land clearing permit must be
applied for and received from the Township if performing activities
as described under Subsection A of this section.
A. A tree removal/land clearing permit shall be required
for the following:
(1) The removal or destruction of any regulated tree.
(2) Land clearing or grubbing within a woodland.
(3) New and replacement infrastructure.
B. A tree removal/land clearing permit is not required:
(1) For actions made necessary by an emergency, such as
tornado, windstorm, flood, freeze or other natural disaster, in order
to prevent injury or damage to persons or property, 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 a permit application.
(2) Written notice must be given to the Township within
five working days prior to conducting these activities:
(a)
Tree removal in order to perform maintenance
or repair of lawfully located roads, sewers, structures and facilities
used in the service of the public to provide transportation, electric,
gas, water, telephone, telecommunication, or other services on existing
easements.
(b)
To remove dead trees where the damage resulted
from an accident or nonhuman cause.
(c)
To remove dead, damaged or diseased trees.
(d)
To thin woodland systems to foster growth of
regulated trees.
(e)
To remove up to two regulated trees in any twelve-month
period excluding Michigan Big Trees.
(f)
To avoid damage of existing primary and secondary
structures.
(g)
The removal of trees within exempt construction
zones.
C. The permit shall contain the name and address of the
property owner and/or the designee of the owner, the legal description
and location of the property, and a site plan showing all regulated
trees within 30 feet, or the lot line, whichever is less, of construction
areas and identifying those regulated trees that are proposed for
removal.
D. A tree location diagram will be required prior to
an on-site examination made by the Township enforcement agent under
the following conditions:
(1) Where a permit is requested to remove trees on a lot
upon which is located an occupied one-family dwelling; or
(2) Where a permit is required to remove three or fewer
trees.
E. Incomplete applications and/or tree replacement plans
may not be accepted or reviewed by the Township.
F. Complete applications will be reviewed under the requirements described in §
282-5.
G. Individual residential lots shall be reviewed by the Township staff according to the requirements of §
282-5B.
The provisions of this chapter shall be held
to be minimum requirements adopted for the public health, safety and
general welfare. It is not intended by this chapter to repeal, abrogate,
annul or in any way impair or interfere with any existing provision
of law or ordinance, or with any rules, regulations or permits previously
adopted or issued; provided, however, that where this chapter imposes
a greater restriction than is required by existing ordinance or by
rules, regulations or permits, the provisions of this chapter shall
control.
This chapter shall apply to all property located
within the Township and shall include property in all zoning classifications.
The Township designated enforcement agent may
make reasonable entry upon any lands or waters within the Township
for the purpose of enforcement of this chapter or for the conduct
of any investigation, survey or study pursuant to this chapter.
Administrative costs associated with processing
of a building permit, or in processing the subdivision plat or site
plan submitted with a building permit, shall be charged to the person
per a fee schedule determined by the Grosse Ile Township Board of
Trustees.