Municipal Code

CHAPTER 1232 Tree Management

1232.01 Findings and purpose.
1232.02 Applicability.
1232.03 Definitions.
1232.04 Tree protection.

1232.05 Dead, diseased, infested, decayed, defective, or damaged trees.
1232.06 Variance.
1232.99 Penalties, sanctions, remedies.


CROSS REFERENCES
Box elder trees, female, as nuisance - see M.C.L.A. 124.151
Cutting or destroying trees - see M.C.L.A. 247.235, 247.241,
752.701 et seq.
Malicious destruction of trees - see M.C.L.A. 750.382
Obstruction of visibility by vegetation - see P. & Z. 1268.10
Heritage tree list - Pt. 12, Title 4, Appx. A 4



1232.01 FINDINGS AND PURPOSE.
The tree canopy contributes to the distinctive rural character of the Village of Franklin. Trees are important natural resources and assets of the Village that residents and visitors admire and cherish. The Village ‘s trees provide a vital link to nature by softening the visual landscape; improving air quality; creating habitat for birds and wildlife; reducing floods and erosion; protecting against wind and heat; providing important physical, aesthetic, recreational, and economic benefits to Village residents; and supporting property values. Through the years, the tree inventory in the Village has been threatened, due to development, disease, or infestation. Therefore, in the interest of promoting the health, safety, and welfare of the citizens of the community, it is necessary to establish the regulations set forth herein to protect, preserve, and conserve mature trees, manage and provide oversight of the removal of trees, and provide for the replacement of trees removed in the Village.
(Ord. 2010 04. Passed 5 10 10.)

1232.02 APPLICABILITY.
This chapter shall apply to all lots and parcels of land in the Village and shall be in addition to requirements imposed by any other Village ordinances. The tree protection requirements in Section 1232.04 shall apply to all trees in the Village that are defined as Aprotected trees@ and are six inches in caliper or greater and not on the non-protected trees list. The provisions dealing with dead, diseased, infested, decayed, defective, or damaged trees shall apply to all trees in the Village.
(Ord. 2010 04. Passed 5 10 10.)

1232.03 DEFINITIONS.
The following terms shall have the meaning ascribed to them:
(a) Building Envelope. The ground area of a lot or parcel of land enclosed or to be enclosed by the exterior walls or perimeter (i.e., the footprint) of principal and accessory buildings and structures, including but not limited to pools, decks, patios, walks, tennis courts, driveways, and utility services.
(b) Caliper. A tree ‘s diameter in inches measured four and one-half feet above the ground (also known as diameter at breast height/DBH).
(c) Drip Line. An imaginary vertical line extending downward from the outermost tips of a tree ‘s branches to the ground.
(d) Heritage Tree. A tree that is included in the American Forests ‘ National Register of Big Trees, the Michigan Botanical Club ‘s Michigan Champion Trees List, or in the Village ‘s Heritage Tree List in Appendix A 4 to Title Four Zoning.
(e) Person. Any individual, firm, partnership, association, corporation, company, organization, or legal entity of any kind, including governmental agencies conducting operations in the Village and all tree removal companies.
(f) Protected Tree. Any tree that has a caliper of six inches or greater and is not identified as a non protected tree in Appendix A to this chapter.
(g) Remove or Removal. The act of removing, relocation, or destroying a tree by digging it up or cutting it down, or the effective removal or destruction through mutilation, damage, poison, girdling, topping, failure to protect within the drip line, or other actions that are likely to cause or hasten the death of a tree.
(Ord. 2010 04. Passed 5 10 10.)

1232.04 TREE PROTECTION.
(a) Tree Removal.
(1) Permit Required Except as Noted. Except for activities that are exempt under division (a)(2) below, a tree removal permit shall be required prior to the removal, relocation or destruction of any protected tree in the Village.
(2) Permit Exemptions. The following activities are exempt from the provisions of this chapter and are allowed without a tree removal permit, unless otherwise prohibited by statute or ordinance:
A. Removal of non protected trees.
B. Removal of up to two protected trees during any 12 month period on an occupied one family residential lot or parcel. This exemption shall not apply to removal of heritage trees.
C. Removal, pruning or trimming of protected trees within public or private roads or utility rights of way or easements in connection with the installation, repair, operation, replacement or maintenance of roads, drains, sewers, sidewalks, and water, electric, gas, cable television, telephone, telecommunications, or other public service or utility lines and facilities, provided that such activities are overseen by a certified arborist or forester and prudent and reasonable efforts are made to prevent or minimize protected tree loss or damage.
D. Ordinary trimming and pruning of protected trees as part of landscape maintenance.
E. Removal or trimming of dead, diseased, infested, decayed, defective, or damaged trees, provided that the death, disease, infestation, decay, defect, or damage are not the result of an action or the conduct of the owner or occupant (or contractor or agent) of the subject property.
F. Removal of protected trees located within ten feet of an existing principal or accessory building or structure to reasonably avoid actual or threatened damage to such building or structure.
G. Where a site plan or building permit has been submitted and new construction is proposed, removal of protected trees located within the designated building envelope or within ten feet thereof shall be exempt, along with removal of protected trees within existing or proposed rights of way, utility easements, and areas of site grading or storm water detention or retention areas.

(b) Application for a Tree Removal Permit. When a tree removal permit is required, an application shall be filed with the Village for review and processing. In addition, the applicant shall submit 20 copies of a tree location survey and plan, a nonrefundable application/permit fee in an amount established by resolution of the Village Council, and any other information required by this chapter. The Village Administrator may reduce the number of copies that need to be submitted.
Where a site plan, plat or building permit is required for the proposed activity, the application and tree location survey and plan shall be reviewed with the site plan, plat or building permit. However, site plan, plat or building permit approval is prerequisite to issuance of a tree removal permit.

(c) Tree Location Survey and Plan.
(1) The tree location survey and plan shall have a minimum scale of 1 inch ‘ 20 feet (or other scale specified by the Building Official) and shall include the information listed below. The Village Administrator or his or her designee may waive certain requirements for all or a portion of the site upon making the determination that requested information would not be relevant to the goal of conserving protected trees on the site.

(2) The plan shall provide the legal description, boundaries, and dimensions of the lot or parcel, together with existing and proposed locations of all structures and improvements, including utilities, driveways, sidewalks, drains, swales, wetlands, watercourses, ponds, significant topographic features, and other man made or natural features. The location of proposed structures and improvements must be staked in the field.
(3) The location and dimensions of all required setbacks and existing and proposed easements shall be illustrated.
(4) The plan shall show existing topography and grade changes proposed for the property, together with an explanation of how grade changes will affect protected trees. The existing and proposed grade at the base of every tree shall be indicated.
(5) The plan shall show the location of all protected trees, including protected trees within the adjoining road rights of way, protected trees within 25 feet of the property lines, and all other protected trees that may be affected by proposed development activity. All protected trees shall be tagged in the field with an identifying number. The survey shall contain a key identifying each tree by number, size, scientific and common name, condition, and whether it is to be saved or removed.
(6) For an application submitted in connection with a site plan, the proposed building envelope shall be designated, as well as an area ten feet outside the building envelope.
(7) Tree location surveys shall be performed in the field by a registered professional land surveyor and verified on site by a registered landscape architect, certified arborist, or forester. Both must be identified by name, address and phone number on the survey.
(8) If protected trees are to be relocated on site, then the plan shall indicate where the trees will eventually be located, where they will be stored and protected during construction, and how they will be maintained after construction.
(9) The plan shall explain and depict how protected trees proposed to remain will be protected during land clearance, construction and development.
(10) A cost estimate and plan shall be provided for tree replacement. The plan shall indicate number, size, and species of trees.
(11) For parcel five acres or larger, an aerial photo (1 inch ‘ 30 feet minimum scale) shall be provided.

(d) On Site Examination in Lieu of Tree Location Survey and Plan. The Village Administrator or his or her designee may permit an on site examination by the Village Administrator or his or her designee in lieu of a tree location survey and plan, provided that both of the following conditions are met:

(1) The tree removal permit application pertains to removal or relocation of protected trees on an occupied single family residential lot or parcel; and
(2) No more than four protected trees are proposed for removal, provided that none of the trees are heritage trees.

(e) Review Criteria. When reviewing an application for a tree removal permit, the Village Council or Village Administrator shall consider the following:
(1) Whether a satisfactory and viable plan designed and intended to avoid or minimize negative impacts to protected trees has been presented;
(2) Whether all desirable, prudent and reasonably feasible alternatives that would reduce or avoid negative impacts to protected trees have been considered;
(3) Whether trees proposed for removal pose a safety hazard; cause unsafe vision clearance or threaten to injure or disrupt persons; threaten to damage property or utility service; prevent or obstruct access to a lot or parcel; or unreasonably prevent development, improvement or use of a lot or parcel. It is the intent of this provision that a permit should not be granted for the removal of a protected tree where a reasonable alternative design solution exists that is consistent with the permitted use of the property;
(4) Whether the proposed tree removal does not threaten the public health and safety or materially increase the risk of flooding or erosion on the subject or adjacent property, nor will it endanger a wetland or watercourse;
(5) Whether an alternative location for the proposed structure or improvement exists that would not necessitate the removal of the protected tree, without causing undue hardship to the applicant;
(6) Whether heritage trees are being protected and preserved to the fullest extent reasonable and feasible; and
(7) Whether the application complies with the tree replacement requirements of this chapter.

(f) Review and Decision. The decision to approve, approve with conditions, or deny a tree removal permit application shall be made as follows:
(1) Site Plan, Plat or Site Condominium. If a tree removal permit application is submitted in connection with a site plan, plat or site condominium, the Planning Commission shall first complete its review of, and take action on, the site plan, plat or site condominium and make a recommendation to the Village Council relative to the tree removal permit application. The Village Council shall have final authority to act on the tree removal permit application. If tree replacement is required, then the Village Council shall specify the time by which the replacement must be completed.
(2) No Site Plan, Plat or Site Condominium. If a site plan, plat or site condominium is not required for the proposed activity associated with the tree removal, then the Village Administrator or his or her designee shall be responsible for reviewing and rendering a decision on the tree removal permit application. Any such decision to deny an application shall be in writing and shall set forth the reasons for denial. If tree replacement is required, then the Village Administrator shall specify the time by which the replacement must be completed.
(3) Appeal from the Village Administrator ‘s Decision. Any applicant who is aggrieved by the Village Administrator ‘s decision concerning a tree removal permit application may appeal to the Village Council by filing a written appeal with the Village Clerk within ten calendar days after the date of the decision. Upon receipt of a properly filed written appeal, the Village Clerk shall schedule the appeal for the Village Council ‘s next available regular meeting. The Village Council shall have the power to affirm, modify, or reverse the Village Administrator ‘s decision.
(4) Conditions. The Village Council or the Village Administrator may attach reasonable conditions to the approval of a tree removal permit considered by them to be necessary to ensure the intent of this chapter will be fulfilled, and to minimize damage to, encroachment upon, or interference with protected trees.
(5) Denial of a Site Plan, Plat, Site Condominium, or Building Permit. When a site plan, plat, site condominium, or building permit is submitted in connection with a tree removal permit application and the site plan, plat, site condominium, or building permit is denied, the tree removal permit application shall also be denied. Alternatively, the site plan, plat, site condominium, or building permit may be tabled to allow the applicant to modify the plan to reduce or eliminate the negative impact on protected trees.
(6) Performance Guarantee. The recipient of a tree removal permit shall post a performance guarantee in the form of a cash deposit, corporate surety bond, irrevocable bank letter of credit, or other form of guarantee that is acceptable to the Village, in an amount determined adequate by the Village Administrator to guarantee compliance with the tree removal permit, any conditions attached thereto, and the requirements of this chapter.
(7) Consultants. The Village may engage consultants to review and advise the Village regarding tree removal permit applications, such as but not limited to an arborist, forester, landscape architect, planner or engineer.

(g) Issuance and Duration of a Permit.
(1) Issuance of a Permit. For tree removal permit applications submitted in connection with an application for a site plan, plat, site condominium, or building permit, a tree removal permit shall not be issued nor be effective, nor shall the applicant remove or cause the removal of any protected tree, until after final approval of the site plan, plat, site condominium, or building permit, and, if applicable, the Village Engineer has approved construction and engineering plans for the proposed construction or development activity.
(2) Duration. A tree removal permit shall remain in effect for one year or the duration of approval for the site plan, plat, site condominium, or building permit, if any, whichever period is greater.

(h) Tree Replacement.
(1) Replacement Ratio. A tree removal permit holder shall either replace or relocate every removed protected tree on a one for one basis.
(2) Deciduous Trees. All deciduous replacement trees shall have a three inch caliper or greater. However, for every additional one-half inch increment a replacement tree exceeds the minimum three inch caliper, the Village shall credit the permit holder with having replaced an additional one half tree.
(3) Coniferous Trees. All coniferous replacement trees shall measure at least eight feet in height. However, for every additional one foot increment a replacement tree exceeds ten feet, the Village shall credit the permit holder as having replaced an additional one half tree.
(4) Heritage Trees. When a heritage tree is permitted to be removed, replacement trees shall be provided at a minimum of fifty percent of the caliper of the heritage tree being removed. Such replacement trees may be provided individually or on a cumulative basis to meet the fifty percent caliper requirement.
(5) Dense Woods Option. As a full or partial alternative to the above, the Village may approve replacement trees that are smaller in size in situations where the intent is to create or re create a densely wooded area. This option shall consist of groupings of trees that have a minimum caliper of one-fourth of an inch, and shall be used only in situations where it is appropriate to create a densely wooded effect. When this alternative is used, the sum of the caliper of the replacement trees shall be equal to the sum of the caliper of the trees being replaced.
(6) Quality of Trees. Replacement trees shall have the shade potential and other characteristics determined by the Village to be comparable to the removed trees. All trees shall be Michigan Department of Agriculture Nursery Grade No. 1 or better, and shall meet the following standard: ANSI Z60.1.
(7) Planting Standards; Guarantee. Replacement trees shall be staked, wrapped, fertilized and mulched. Replacement trees shall be guaranteed by the permit holder to exhibit a normal growth cycle for at least one year following planting or else they shall be replaced.
(8) Damage to Saved Trees. Protected trees that were intended to be saved shall be replaced on an inch for inch basis if they become damaged or illegally removed during construction or development.
(9) Replacement Tree Locations. The Village shall approve replacement tree locations to provide optimum enhancement, preservation and protection of trees in wooded areas. To the extent feasible and desirable, replacement trees shall be located on site and within the same general area as the trees removed, but such trees shall not be relocated or replaced in the building envelope of a structure or within ten feet thereof. Replacement trees shall not substitute for or count toward landscape screening or buffer requirements that may be imposed under other ordinances.
(10) Off Site Relocation or Replacement. Where it is not feasible nor desirable to relocate or replace trees on site, relocation or replacement may be made at another approved location in the Village.
(11) Village Tree Fund. Where it is not feasible nor desirable to relocate or replace trees on or off site, the tree removal permit holder may satisfy the tree replacement requirement by paying into the Village Tree Fund a sum of money approximating the current market price to purchase and plant the replacement trees, as determined by the Village Administrator or his or her designee. The Village shall use the Village Tree Fund for the purposes of planting, replacing, maintaining and preserving trees in the Village.

(i) Tree Protection During Construction or Development.
(1) Prior to any land clearing or tree removal, the tree removal permit holder shall clearly mark all trees to be removed by painting, flagging, or other approved method, and shall erect and maintain suitable barriers to protect the remaining protected trees. Protective barriers must be inspected and approved by the Village before the work begins. Protective barriers shall be kept in place until the Village authorizes their removal.
(2) The permit holder shall not cause or allow any construction or development activity to occur within the drip line of a protected tree proposed to remain, nor shall any solvents, building materials, vehicles, construction equipment, soil deposits or fill, or other harmful materials be allowed to be placed, kept, parked or stored within the drip line of such tree(s).
(3) No damaging wire, signs, or other devices shall be attached to any protected tree that is proposed to remain.
(Ord. 2010 04. Passed 5 10 10.)

1232.05 DEAD, DISEASED, INFESTED, DECAYED, DEFECTIVE, OR DAMAGED TREES.

(a) Public Nuisance. The Village of Franklin determines that all dead, diseased, infested, decayed, defective, or damaged trees located in the Village that threaten or endanger the public or persons, structures or property on site or on adjoining land are public nuisances.

(b) Owners Responsibilities.
(1) Land owners shall maintain or treat their trees so that the trees do not become a threat or danger to the public or to persons, structures or property on site or on adjoining land.
(2) It shall be the land owner ‘s responsibility to properly and safely prune, treat, remove and/or dispose of any trees, branches and limbs which, due to death, disease, infestation, decay, defect or damage, threaten or endanger the public or persons, structures or property on site or on adjoining land, and to also remove any fallen trees, branches and limbs in an approved manner.
(3) Diseased or infested trees, including but not limited to those infected by the fungus Ceratostomella ulmi (Dutch elm disease), shall be removed and destroyed in a manner approved by the Village Administrator or his or her designee.

(c) Dangerous Tree Determination. In determining whether the condition of a tree, branch or limb threatens or endangers the public or persons, structures or property on site or on adjoining land, the Village shall be guided by the International Society of Arboriculture Guide to Evaluation of Hazard Trees in Urban Areas.

(d) Notice that Action Must be Taken.
(1) On Private Property.
A. The Village may notify an owner of land on which a dead, diseased, infested, decayed, defective, or damaged tree, branch, or limb is found, to abate the nuisance by pruning, treating and/or removing the tree, branch or limb. The notice shall be in writing, shall be served personally or by certified mail on the land owner according to the current property tax rolls, shall specify the nature of the pruning, treatment and/or removal work needed, and shall prescribe the time period within which it must be performed, which shall be not more than 30 days unless the Village Administrator or his or her designee determine exigent or special circumstances necessitate a different time period.
B. Should such nuisance not be abated within the 30-day period, the owner or occupant, or both, shall be deemed in violation of this division and subject the penalties set forth in Section 1232.06.
(2) On Public Property. Whenever a tree on public property is determined to be dead, diseased, infested, decayed, defective, or damaged, the Village or other public agency that has jurisdiction over the property shall forthwith cause such public nuisance to be abated by pruning, treating and/or removing the tree, branch or limb in an approved manner.
(Ord. 2010 04. Passed 5 10 10.)

1232.06 VARIANCE.
The Village Council may grant a variance from the requirements of this chapter when undue hardship will result from strict compliance. In granting a variance, the Council may attach conditions the Council deems necessary or appropriate to further the public interest in tree protection.
(Ord. 2010 04. Passed 5 10 10.)

1232.99 PENALTIES, SANCTIONS, REMEDIES.
(a) Any person who removes a non exempt protected tree or violates any provision of this chapter or any term or condition of a tree removal permit, and any landowner who fails to comply with the requirements of this chapter or any notice issued pursuant to Section 1232.05(d) above, shall be responsible for a municipal civil infraction and shall be subject to the penalties, sanctions and remedies prescribed in Section 202.99 of these Codified Ordinances and in Chapter 87 of the Revised Judicature Act, being M.C.L.A. 600.8701 et seq.

(b) Each violation of this chapter or unauthorized removal of a protected tree shall be deemed a separate offense.

(c) Any act performed or perpetrated in violation of this chapter is declared to be a nuisance per se, and the Village may commence a civil suit in any court of competent jurisdiction for an order abating or enjoining the violation.

(d) The Village shall issue a stop work order or withhold issuance of certificates of occupancy, permits or inspections until the provisions of this chapter, the tree removal permit, or any conditions attached thereto, have been fulfilled.


(e) The Village shall require replacement of illegally removed trees on an inch for inch basis or payment to the Village Tree Fund.

(f) The Village’s employees, contractors or agents may enter onto land to prune, treat or remove a dangerous or fallen tree, branch or limb to abate the nuisance if the land owner has failed to comply with the notice issued pursuant to Section 1232.05(d) above. The Village shall bill the land owner for the Village’s actual cost plus ten percent for administration which if not paid within 30 days shall be added to the tax roll and shall constitute a lien against the subject land which shall be collected and enforced in the same manner general property taxes are collected and enforced.
(Ord. 2010 04. Passed 5 10 10.)