[HISTORY: Adopted by the Township Board of
the Township of Grosse Ile 3-22-1993 by Ord. No. 195. Amendments noted where
applicable.]
A.
The Township finds that growth and development resulting
in increased demand upon natural resources has had the effect of encroaching
upon, despoiling and/or eliminating many of the woodlands, trees,
and associated forms of vegetation. These resources, if preserved
and maintained in an undisturbed and natural condition, provide air
quality protection, maintenance of water quality, reduction of flood
surges and soil erosion, and protection of vital wildlife habitat.
In addition, these resources provide important aesthetic, ecological,
recreational and economic benefits to existing and future residents
of the Township and must, therefore, be protected.
B.
Specifically, the Township finds that:
(1)
Trees and woodland systems protect public health through
the absorption of airborne pollutants and generation of oxygen, through
the reduction of excessive noise and mental and physical damage related
to noise pollution, and through their cooling properties in the summer
months;
(2)
Trees and woodland systems play an important role
in the absorption of nutrients, such as nitrogen and phosphorus, from
water as it passes from the surface to groundwater tables and lower
aquifers;
(3)
Trees and woodland systems, through their root systems,
stabilize the soil and play an important and effective part in soil
conservation, erosion control, and flood control;
(4)
Trees and woodland systems are essential components
to the general welfare of the Township, providing natural beauty,
natural character, recreational opportunities and wildlife habitat;
(5)
Protecting this natural resource, and reproductive
and regenerative capabilities of trees and woodland systems maintains
this heritage for existing and future Township residents;
(6)
The Township will benefit by instituting a woodland
acquisition and tree planting program to protect and replenish trees
lost due to development; and
(7)
The protection of such natural resources is a matter
of paramount public concern, as provided by Article IV, Section 52,
of the Constitution of the State of Michigan and the Michigan Environmental
Protection Act of 1970, MCL § 691.1201 et seq.
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:
The cross-sectional area of a tree trunk measured at 4 1/2
feet above the existing grade.
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.
The area enclosed or to be enclosed by the exterior walls
of a building.
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:
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.
Road rights-of-way, utility easements and areas as identified in Subsection 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.
Designated areas defined in a building permit
that must incur regulated tree losses due to construction of secondary
structures.
For commercial, industrial and special land
use developments, the area necessary to provide the minimum number
of parking spaces required by other ordinances.
The diameter in inches of a tree measured at 4 1/2 feet
above the existing grade.
An imaginary vertical line which extends downward from the
outermost tips of the tree branches to the ground.
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.
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.
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.
The effect of operations on any area.
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.
Swamp white oak, Honeylocust, Downy Hawthorn, and all others
registered by the Michigan Department of Natural Resources.
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.
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.
Any person who has dominion over, control of, or title to
any land in the Township.
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.
Area between the trunk of a regulated tree, extending to
the dripline of the tree canopy.
Any tree of six-inch dbh or greater.
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.
Protected trees and heritage trees.
The cutting, injury and/or destruction of trees or any form
of vegetation by any method on any lands subject to this chapter.
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
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.
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.
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.
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..
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.
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:
E.
Incomplete applications and/or tree replacement plans
may not be accepted or reviewed by the Township.
A.
Subdivision plats.
(1)
Conceptual review. A person requesting conceptual
approval of a subdivision plat is required to submit a brief description
regarding the quality and predominance of trees by species. An aerial
photograph (one inch equals 50 feet) should also be provided showing
the general layout of the proposed subdivision. Conceptual approval
will be based on the person's ability to demonstrate intent to
avoid or minimize impacts to regulated trees.
(2)
(3)
Preliminary review. A person requesting preliminary approval of a subdivision plat is required to submit a tree survey identifying all regulated trees located in areas specified in Subsection A(2). The proposed subdivision plat for all residential districts should also identify all proposed site improvements. A detailed replacement plan is required as defined by § 282-10. Approval will be based upon compliance with § 282-10.
B.
Site plan review.
(1)
Preliminary site plan review.
(a)
A person submitting a building permit application
is required to submit a tree survey indicating all regulated trees
located on the site that are proposed to be impacted by the development
or by utility easements, including a thirty-foot zone or lot line,
whichever is less, surrounding the area to be developed.
(b)
If the preliminary site plan identifies impacts to regulated trees, the person must submit a statement explaining why there are no prudent and feasible alternatives to the plan. If the person fails to prove that no prudent and feasible alternative exists, preliminary site plan approval will be denied or tabled until the plan is modified to minimize or eliminate impacts. If the person does prove that no prudent and feasible alternative exists, then a written statement explaining the person's intent to comply with requirements of § 282-10 shall be submitted. The preliminary plan for all land use districts should indicate all proposed site improvements. Approval of the preliminary site plan shall be based on the person's intent to avoid or minimize impacts and to comply with § 282-10.
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.
B.
Any activity conducted in violation of this chapter
is declared to be a nuisance per se, and the Township may commence
a civil suit in any court of competent jurisdiction for an order abating
or enjoining the violation.
C.
If operations are conducted that are contrary to the
use permit required by this chapter or other applicable laws or ordinances,
the Township police or Department of Community Development shall issue
an order to the permit grantee to stop work. If a permit has not been
issued, then the Township shall notify the person of the violation
of the permit, this chapter or other applicable laws or ordinances.
A person shall not continue, nor cause or allow to be continued, activity
in violation of such an order, except with permission of the enforcing
agency to abate a dangerous condition or remove the violation, or
except by court order. If an order to stop is not obeyed, the enforcing
agency may apply to the Circuit Court for the county in which the
premises are located for an order enjoining the violation of the order,
or may take other measures as determined necessary by the Township.
A person shall also be required to replace trees removed without authorization
by trees equal in dbh to the total dbh of all removed trees. 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 law.
D.
Trees that are protected during construction, relocated
or replaced will be monitored by the Township for a period of no less
than two years. Trees which have not remained healthy as a result
of activities associated with approved operations, or trees that have
died or been subsequently removed, will be required to be replaced
within 30 days of notice from the Township, or at a seasonable time
to be determined by the Township. The person would also have the option
to contribute to the Environmental Resources Trust Fund in lieu of
replacing the affected tree(s).
E.
Any person violating the provision of this chapter
shall become liable to the Township for any expense or loss or damage
occasioned by the Township by reason of such violation.
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.
A.
Tree relocation or replacement shall be at a rate
defined in this section provided that all replacement trees are of
2 1/2 inches dbh or greater. (Replacement tree species shall
be of similar species as those removed.)
Type of Tree Removed
|
Replacement Requirement
| |
---|---|---|
Heritage trees
|
One tree per 4 inches dbh of tree removed
| |
All other regulated trees
|
One tree per 6 inches dbh of tree removed
|
B.
Environmental trust fund. In lieu of replacing regulated
trees, the person has the option to contribute money to the Township
Environmental Trust Fund. Payment to the fund per tree removed shall
be in accordance with the schedule below:
Type of Tree Removed
|
Replacement Requirement
| |
---|---|---|
Heritage trees
|
$300 per 4 inches dbh
| |
All other regulated trees
|
$300 per 6 inches dbh
|
C.
Construction zones. Construction zones are exempt
from tree replacement requirements.
D.
Tree removal. Residential lots are exempt from tree
replacement requirements when all of the following conditions are
met:
(1)
There is a certificate of occupancy for primary structure
on the lot.
(2)
Tree removal will occur only within the minimum lot
area defined as the closest allowable minimum area near the primary
structure in the underlying zoning district.
(3)
Tree removal will occur only within a construction
zone as designated by the Department of Community Development for
accessory structures.
(4)
Trees are not removed for sale of use off the lot.
(5)
Trees are not removed from conservation easements,
wetlands or other restricted use areas.
(6)
Two regulated trees per year may be removed annually
by the property owner on all other lot areas with no replacement requirement.
This specifically excludes harvesting for sale purposes.
E.
Heritage tree protection. Heritage trees shall not
be removed unless and until the person has demonstrated that no other
practical options exist. Replacement requirements will not be waived.
A.
Before development, land clearing, filling or any
operation commences for which permission is required by this chapter,
the developer or builder shall be required to erect, for the protection
of remaining trees, barriers as approved by the Township. Such protection
shall remain in its approved location until such time as it is authorized
to be removed by the Township, or issuance of a final certificate
of occupancy. During construction, no attachments or wires shall be
affixed to any trees so protected. Wood, metal or other substantial
material shall be utilized in the construction of barriers. Barriers
will be required for all trees being protected, except in the following
cases:
(1)
Street right-of-way and utility easements may be ribboned
off by placing stakes a maximum of 50 feet apart and tying ribbon,
plastic tape, rope, etc., from stake to stake along the outside perimeters
of such areas to be cleared.
B.
Activity to be conducted within the drip line of any
tree designated to be retained, including, but not limited to, the
placing of any solvents, material or construction machinery within
the drip line will be reviewed on a case-by-case basis. Township approval
of said activity will be made within five working days and will be
based upon degree of impact anticipated. Clean soil may be placed
within the drip line of a tree designated to be retained providing
that a tree well is constructed that will keep soil at least six feet
from the edge of the trunk of the tree. No more that four inches of
soil shall be permitted to be placed over the roots of any tree designated
to be retained within an area six feet from the edge of the trunk
of the tree.
A.
A person who is aggrieved by a decision of the Department
of Community Development or Township police concerning any provision
of this chapter may appeal the decision to the Planning Commission.
The Planning Commission may reverse, affirm or modify the approval
granted by the Department of Community Development or Township police.
B.
A person who is aggrieved by the decision of the Planning
Commission concerning any provision of this chapter may make an appeal
to the Zoning Board of Appeals.
C.
All appeals must be filed, in writing, within 30 days
following the decision.
D.
The Zoning Board of Appeals, based upon its appellate
review, may reverse, affirm or modify the decision made by the Planning
Commission.
E.
Variances and appeals shall be granted only in accordance
with:
(1)
Compliance with the strict letter of the restrictions
governing use of the property for a permitted purpose or would render
conformity with such restrictions unnecessarily burdensome. The showing
of mere inconvenience is insufficient to justify a variance or an
appeal.
(2)
The requested variance or appeal can be granted in
such fashion that the spirit of the chapter will be observed and public
safety and welfare secured.
(3)
In deciding upon an appeal from an action taken by
an administrative official or body, the Zoning Board of Appeals shall
determine if the administrative official or body has made an error
in any order, requirement, decision or determination in the enforcement
and/or interpretation of the 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.