Adopted October 28, 2025 – Ordinance No. 262

Village of Marcellus
County of Cass
State of Michigan
Tree Ordinance

THE VILLAGE OF MARCELLUS ORDAINS:
Section 1 – Purpose: 
To promote the general welfare, health, and safety of the public by protecting and preserving public infrastructure and utilities through the regulation of trees and shrubs on public and private property.

Section 2 – Definitions: 
Defines terms including Village Trees (woody vegetation in the Village right-of-way, parks, and public grounds), Approved Trees, Preferred Trees (based on criteria in Exhibit A), and Tree Lawn.

Section 3 – Removal or Maintenance of Village Trees: 
Grants the Village Council or its agents the right to prune, maintain, and remove Village trees for public safety or aesthetic reasons. The Department of Public Works will annually provide a list of trees for maintenance. Trees reported as dangerous will be immediately evaluated. Reasonable efforts will be made to replace removed Village trees, contingent on funds and suitable property. Stumps of removed trees must be ground down below the surface.

Section 4 – Removal or Maintenance of Trees on Private Property: 
Permits the Village Council or its agent to require the removal or maintenance of any tree or part thereof on private property that is in an unsafe condition, injurious to public improvements/utilities (sewage, electric, water, etc.), or infected with pests. Owners will be notified in writing and must perform the removal at their own expense within thirty (30) days (with a possible 30-day extension). Failure to comply allows the Village to perform the work and charge the cost to the property owner, which may be added to their property tax statement, potentially spread over three years.

Section 5 – Planting or Replacing Trees: 
Establishes a Preferred Tree List and criteria for species selection (environmental, disease, growth, management). It mandates specific planting regulations for Tree Lawns/Village right-of-way and Village Parks/Public Grounds, including minimum distances from utilities (water shut-offs, fire hydrants, overhead wires) and street corners, and requires contacting MISS DIG prior to planting.

Section 6 – Trees on Private Property – Utilities: 
Regulates the planting of trees on private property relative to the street right-of-way and underground utilities:

• Trees must be planted a minimum of 10 feet from the nearest street right-of-way line.
• Planting of Small, Medium, and Large Trees near underground utilities (water, sewer, transmission lines, etc.) is prohibited within 6, 7, and 8 lateral feet, respectively.

Section 7 – Willful destruction of trees; penalties: 
Makes it an offense to willfully injure, deface, or destroy any protected tree or shrub in the Village right-of-way. Violators are subject to a civil fine (as set forth in Ordinance 248) and liable for the cost to replace the tree(s) and associated costs, with each tree constituting a separate offense.

Section 8 – Severability: 
Standard clause ensuring remaining portions of the ordinance remain valid if any part is declared unconstitutional.

Section 9 – Repeal of Conflicting Ordinances: 
Repeals Village Ordinance No. 211 (Tree Ordinance) adopted October 9, 2013.

Section 9 – Publication: 
Requires the ordinance to be published once in summary form or in full within ten (10) days of adoption.

Section 10 – Effective Date: 
This Ordinance shall become effective on December 6, 2025 at 12:01 A.M.
This Ordinance was adopted by the Village Council of the Village of Marcellus, County of Cass, State of Michigan, at a regular meeting held on October 28, 2025. The full text of the ordinance, including Exhibit A (Preferred Tree List), is available for public inspection at the office of the Village Manager/Clerk.

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