It is the purpose of this chapter to promote
and protect the public health, safety and general welfare by providing
for the regulation of the planting, maintenance, protection and removal
of trees and shrubs within the Village of Cottage Grove.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given in this section:
PRIVATE TREES
Any and all trees growing on private property within the
Village limits as of or after the effective date of this chapter and
which are not defined or designated in this chapter as street trees,
park trees or public trees.
PUBLIC NUISANCE
Any tree or shrub or part thereof growing upon private or
public property which interferes with the use of any public area,
is infected with an infectious pest or endangers the life, health,
safety or welfare of persons or property.
PUBLIC RIGHT-OF-WAY
A portion of property reserved for public use and accepted
for such use by the Village to provide circulation and travel to abutting
properties, including but not limited to streets, alleys, sidewalks,
provisions for public utilities, cut and fill slopes and public open
spaces.
PUBLIC TREES
All trees growing on any street, tree terrace, park or any
public place owned and/or managed by the Village of Cottage Grove
as of or after the effective date of this chapter identified in this
chapter or its successor ordinances.
PUBLIC UTILITY
Any public, private or cooperatively owned line, facility
or system for producing, transmitting or distributing communications,
power, electricity, light, heat, gas, oil products, water, wastewater
or stormwater which directly or indirectly serves the public or any
part thereof within the corporate limits of the Village.
TREE TERRACE
The area between the curb and sidewalk and the area between
the sidewalk and private property line that is Village-owned property,
unpaved streetside Village property or an area on private property
where an easement has been given to the Village for the purpose of
planting trees.
TREE TOPPING
The specific reduction in the overall size of a tree and/or
the cutting back of branches or limbs to such a degree so as to remove
the normal canopy and disfigure the tree.
URBAN FORESTRY PROGRAM
The program which is a part of the Department of Public Works
and which, at the direction of the Parks, Recreation and Forestry
Committee, is responsible for the care and maintenance of the urban
forest resources located on Village property.
[Amended 8-21-2017 by Ord. No. 05-2017]
VILLAGE FORESTER
The Village urban forester who is recommended to that position
by the Parks, Recreation and Forestry Committee, selected or appointed
by the Village President and confirmed by the Village Board.
[Amended 8-21-2017 by Ord. No. 05-2017]
[Amended 7-7-2014 by Ord. No. 05-2014; 8-21-2017 by Ord. No. 05-2017]
A. The species of trees or such other trees as may be subsequently approved
by the Parks, Recreation and Forestry Committee or Village Board are
acceptable to plant on the tree terraces in the Village of Cottage
Grove with approval by the Parks, Recreation and Forestry Committee.
B. These lists shall be located at the Village Municipal Building and
maintained by the Village Director of Parks, Recreation and Forestry
and the Village Forester.
[Added 3-16-2009 by Ord. No. 08-2008]
A. Intent and purpose. The Village of Cottage Grove recognizes that
specific trees in Cottage Grove are deserving of special status due
to distinctive form, size, age, location, species, unique qualities
or historical significance. It is the intent of this section to establish
regulations for the identification, maintenance and removal of heritage
trees within the Village in order to retain as many trees as possible
consistent with the purpose of this section and the reasonable enjoyment
of public property.
(1) This section applies to any Village-owned land, including but not
limited to parks, terraces, easements and road rights-of-way.
(2) This section can also apply to any private property whose owners
voluntarily nominate a tree.
B. "Heritage trees defined." As used in this section, a "heritage tree"
means:
(1) Any deciduous tree (oak, hickory, walnut, etc.): 24 inches dbh.
(2) Any conifer tree (pine, spruce, etc.): 20 inches dbh.
(3) Any tree not meeting the above requirements of dbh may be considered
if any one of the following criteria is present:
(a)
Age greater than 50 years;
(b)
Canopy spread or height are unusual for its diameter;
(c)
A rare or unique species, whether native or not;
(d)
Exceptional quality, i.e., shape, having more than one trunk,
unusual bark, special beauty or horticultural interest;
(e)
Historic significance, such as a tree linked to the past through
photos and historical accounts as provided by citizens or the Cottage
Grove Area Historical Society;
(f)
Having ecological function(s) due to location, size, species,
condition, nesting or roosting site;
(g)
Situated in a site where it plays a critical role in stabilizing
soil or providing shade needed by other plant or animal species;
(h)
Having special aesthetic value due to its form or that serves
in a landscape, i.e., a pair of trees that frame an entrance;
(i)
Important local native species or trees that arc associated
with the character of Cottage Grove;
(j)
Any tree planted during Arbor Day observances or trees planted
as public memorials; or
(k)
Trees that affect the greater landscape beyond the property
on which they grow.
(4) The tree shall be healthy, indicate at least a seventy-percent chance
of surviving more than 10 years, and be able to be maintained without
excessive threat to the public health, safety and welfare.
C. Protected tree location.
(1) "Public protected tree location" is defined as any land owned by
the Village of Cottage Grove, other governmental agencies or authorities,
i.e., the Vethe School Forest, or any land upon which easements are
imposed for the benefit of the Village, including but not limited
to rights-of-way, parks, public areas and easements for drainage,
sewer, water and other public utilities.
(2) "Private property" is defined as any privately owned land within
the Village of Cottage Grove limits and any annexed land at the time
of annexation.
D. Procedure for designation on public and private property.
(1) The Village of Cottage Grove Forester may designate Heritage trees
on public property in accordance with the above requirements.
(2) Interested persons may also participate by nominating a tree on Village-owned
land in accordance with the above requirements.
(3) Private property owners may nominate a tree on their own land in
accordance with the above requirements.
(4) Individuals wishing to nominate a tree on public or private property
will submit an application to the Parks, Recreation and Forestry Committee.
Applications are available at Village Hall.
[Amended 8-21-2017 by Ord. No. 05-2017]
(5) Nominations are initially screened by the Forester, after which the
Parks, Recreation and Forestry Committee accepts or rejects the nomination
based on the above criteria.
[Amended 8-21-2017 by Ord. No. 05-2017]
(6) Following acceptance of the nomination, it is forwarded to the Village
Board for approval.
(7) Upon approval, the tree is catalogued in the Heritage Tree Registry
and photographed.
(8) If someone other than the Forester nominates a tree, that person
is notified of the tree's official designation.
(9) The Village shall place a tag on all designated trees bearing substantially the following statement: "LOCAL HERITAGE TREE (Chapter
294 of the Village Code)."
(10)
The Heritage Tree Registry and photos are kept on display at
Village Hall.
E. Care, treatment and removal of designated heritage trees on public
and private property.
(1) The Village Forester shall inspect all heritage trees at least twice
a year.
(2) The Village Forester shall direct any trimming and other maintenance
of designated trees.
(3) In case of storm or other immediate necessity, the Forester is empowered
to contact Public Works or the Village's tree service to handle
the removal of a designated tree in a timely manner to protect the
safety and well-being of the public.
(4) If, for any reason other than emergency necessity such as disease,
insect infestation or storm damage, removal from the Heritage Tree
Local Registry is desired, an application for removal shall be made
to the Parks, Recreation and Forestry Committee, and if approved by
both the Parks, Recreation and Forestry Committee and Village Board,
a public hearing (Class I notice) will be held. Upon removal, the
designated tree will be taken from the Local Registry.
[Amended 8-21-2017 by Ord. No. 05-2017]
(5) For every heritage tree that is removed from public property, every effort shall be made to replace site-suited tree(s) in the same location, if possible, or in locations approved by the Parks, Recreation and Forestry Committee or the Village Forester: minimum two inches caliper for deciduous and minimum six feet height for evergreens. (See Village Tree Ordinance, Chapter
294, Trees and Shrubs, for a list of recommended trees.)
[Amended 8-21-2017 by Ord. No. 05-2017]
(6) Designated heritage trees on private property may be trimmed only
with the approval of the Village Forester.
(7) When private property with a designated heritage tree is sold, the seller should notify the Village Forester or the Parks, Recreation and Forestry Committee. The buyer may have the option of continuing the designation or removing the designation as defined in Subsection
E(4).
[Amended 8-21-2017 by Ord. No. 05-2017]
F. Preservation area.
(1) Tree preservation area is a no-violation zone that is typically bordered
by the limit of the disturbance line.
(2) A line as shown on a site plan and tree preservation plan that identifies
the limit of construction, demolition, grading, or excavation activity
of any kind. This line will typically delineate the tree preservation
area. (For more information see "The Forest Where We Live: A Guide
to Caring for Trees," p. 14, WIDNR Forestry Program, Publ-FR-108-2002.)
(3) Predevelopment drainage patterns shall be maintained around the tree(s).
(See Publ-FR-108-2002 listed above and "The Forest Where We Live:
Growing a Legacy, WIDNR, August 2006.)
G. Removal of tree from registry.
(1) At the time a tree is either removed from heritage tree status or
with proper authorization is felled, it will be no longer considered
a heritage tree. The tag will be taken from the tree, and it will
be removed from the registry.
(2) If a heritage tree is located in a right-of-way, park or easement and the tree preservation area (see Subsection
F above) falls within the lands to be developed, this section must be followed.
Enforcement shall be provided pursuant to Chapter
1, General Provisions, §
1-19 of this Code.