[Adopted as §§ 5.01 to 5.04, 5.06 and 5.16
of the 1961 Code]
A.
The Village Board finds that abundant vegetation, especially trees,
on public property throughout the Village is a benefit and an asset
to all residents. The Village Board has further determined that the
Village of Fox Point and its landowners share a responsibility to
maintain all vegetation on the right-of-way (ROW) of all Village streets,
sidewalks and pathways in a manner as to reasonably insure the safe
passage of all vehicles and pedestrians, and to maintain this vegetation
in a manner that it does not adversely affect the maintenance of the
roadway, its shoulders and drainage areas, and that such vegetation
does not consist of undesirable species or harbor plant disease, insect
or pest infestations.
B.
The Village Board has further determined that private property owners
are responsible to maintain all vegetation or other objects on their
property in such a manner as to reasonably insure the safe passage
of all vehicles and pedestrians, and to maintain such vegetation or
objects in such a manner as to insure the general health, safety and
welfare of the public.
As used in this article, the following terms shall have the
meanings indicated:
Includes all public parks, facilities, streets and roadways
and sidewalks and abutting ROW owned, maintained, or controlled by
the Village.
Without limitation, any tree, shrub or other plant vegetation
or part thereof which by reason of its condition interferes with the
use of any public area, is infected with a plant disease, or is infested
with injurious insects or pests; or any such plant vegetation or other
obstruction that is injurious to public improvements or endangers
the life, health, safety or welfare of persons or property.
All trees and shrubs, regardless of origin, located or planted
in or upon public areas.
The paved public street or roadway and sidewalk, and shall
include that area between such pavement and the private property line.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground level up.
Any woody plant, normally having one stem or trunk bearing
its foliage or crown well above ground level to heights of 16 feet
or more.
Includes all buckthorn species and all tree or shrub species
that might block water flow in drainage ditches on the ROW; as well
as trees in proximity of publicly owned storm sewer lines, sanitary
sewer lines, water lines or water hydrants that have been declared
a nuisance; and any other tree/shrub species deemed undesirable by
the Tree Commission.
Including all plant material such as trees, shrubs, herbaceous
perennials and annuals, and grasses, whether in a cultivated or wild
state.
A.
Except as provided in Subsection E herein, no person shall plant, cut, prune, or harm in any physical or chemical way, or remove any living tree or shrub on the ROW; or cut, disturb or interfere in any way with the roots of any tree or shrub on the ROW, without written permission of the Village Manager or his/her designee. In the event the Village Manager or her/his designee approves any such action, she/he may impose reasonable conditions, which may include the following, without limitation by reason of enumeration:
(1)
Possible site plan condition. A site plan showing property lines
and providing a written description of the work including trees and
shrubs to be added and removed is required, which shall be subject
to the approval of the Village Forester.
(2)
Possible tree protection zone condition. Except as to any tree that
is being removed, the "tree protection zone" of all trees shall be
preserved and protected from any disturbance, by the exclusion of
all heavy equipment and heavy machinery. The tree protection zone
shall be suitably marked on the property. The tree protection zone
shall mean that area around a tree trunk that extends vertically from
the top of the tree canopy to 36 inches below ground level and horizontally
in all directions from the outer edge of the tree trunk one foot for
every inch of the tree's diameter at breast height (dbh).
(3)
Possible financial guarantee condition. A cash deposit is required,
to guarantee compliance with the conditions of approval, which shall
be forfeited upon breach of any such conditions.
B.
No person shall prevent, delay or interfere with Village employees
or agents of the Village in the planting, pruning, spraying or removing
of any trees or shrubs, living or dead, in any public way.
C.
No person shall place any stone, concrete, lumber or any other substance
about any tree, shrub or any other structure in the public way. No
person shall place soil more than two inches over the root systems
of any tree or shrub in the public right-of-way. This section shall
not apply to the use of organic mulches around the base of trees and
shrubs.
D.
No person shall place or cause to be located any stone, concrete,
lumber, yard waste, brush, or any other substance on the paved portion
of the ROW.
E.
Exemptions. No permission from the Village Manager or his/her designee shall be required by an abutting private property owner to maintain the ROW as specifically described in the following § 310-4.
F.
Reimbursement obligation. In addition to, and not to the exclusion
or prejudice of, such other penalties and remedies as may be available
to the Village, any person or entity violating this section by causing
the removal of a tree in the ROW without permission shall be subject
to the following reimbursement obligation. The person or entity responsible
shall reimburse the Village for all costs and expenses of any type
that the Village incurs in connection with the violation, including
the cost of professional services incurred by the Village (including
forestry, engineering, legal, planning and other services) or other
related professional services in the matter, as well as for any actions
the Village is required to take to enforce these requirements, to
replace the tree(s), and to restore the site, due to a violation of
this section. Costs of outside consultants and contractors shall be
reimbursed at 100% of the costs incurred by the Village. Costs of
Village staff shall be reimbursed at actual hourly rates of pay, for
all time incurred, plus 40% for reimbursement of benefits. This obligation
is further subject to the following:
(1)
The Village Forester shall determine what replacement tree(s) is
required. The replacement tree(s) shall have a total diameter at breast
height (dbh) which is approximately equivalent to the total dbh of
the removed tree(s). If the dbh of the removed tree(s) cannot be measured,
because of the tree's removal, the diameter of the tree shall
be measured at the stump (if there is a stump remaining) or the Village
Forester shall estimate the dbh of the removed tree(s) based upon
such other information as may be available, which determination shall
be final. No replacement tree shall have a dbh of less than 1.5 inches.
(2)
Replacement tree(s) shall be planted within the Village ROW adjacent
to the property where the tree was removed, as determined by the Village
Forester, except as follows. If the Village Forester finds that the
location adjacent to such property is not in the best interests of
the Village, the replacement tree(s) may be planted in any public
place to be determined by the Village Forester.
(3)
Every person and entity concerned in the commission of an act prohibited
by this section, whether committed directly by such person or entity,
or hired, counseled, aided, or abetted by such person or entity, shall
be jointly and severally responsible for the reimbursement obligation
described herein.
(4)
Damage to a tree in violation of this section can give rise to a
reimbursement obligation under this section as follows. If the Village
Forester determines that the damaged tree creates a safety hazard,
or that the damage to the tree is likely to cause all or a significant
portion of the tree to die, the Village Forester can require the tree
to be removed. The obligations of this section shall then apply the
same as though the tree were removed by the violator directly, with
the additional obligation to reimburse the Village for removal costs.
(5)
When trees are removed or replaced pursuant to this section, such
work is a service rendered for the benefit of the abutting property
owner, and the reimbursement obligation described herein shall be
collectable as a special charge pursuant to § 66.0627, Wis.
Stats., in addition to any other collection method provided by law.
(6)
The exclusive means to appeal determinations made by the Village
Forester under this section, and the reimbursement obligations imposed,
shall be to the Village of Fox Point Village Board. Such appeal must
be filed in writing with the Village Clerk/Treasurer no later than
30 days after the date of the determination or charge that is to be
appealed.
A.
The Village maintains trees on the ROW whether they were planted
by the Village, an abutting private property owner, or occur as part
of a naturalized area. Any additional vegetation on the ROW such as
shrubs, vines, grass, and other perennial or annual plants is the
responsibility of the abutting private property owner.
B.
The Village reserves the right to prune or remove other trees, shrubs
or any other vegetation on the ROW, whether planted by the Village,
an abutting private property owner or those which have existed in
a natural state since the development of the property, for safety
reasons, to sustain drainage patterns and maintain underground facilities;
or to provide clearance for a street or walkway; or to remove hazardous
branches or to remove hazardous trees; or to remove an undesirable
or invasive species. Such needs will be determined by the Director
of Public Works/Village Engineer or his/her designee.
C.
The Village will prune trees and maintain the fourteen-foot height
standard over the public street. Any additional vegetation on the
ROW, and upon private land abutting to ROW, shall be maintained so
that the lowest branches projecting over the public street provide
a clearance of not less than 14 feet in height. The public street
shall include at a minimum the pavement as well as a four-foot-wide
unobstructed corridor of ROW on each side of and abutting to the pavement.
Any additional vegetation on the ROW abutting to private property
(other than maintained lawn, specified ground cover, or naturalized
vegetation not over five inches in height) that exists within a minimum
of four feet from the pavement's edge shall be pruned by the
abutting property owner in such a manner as to provide and maintain
a clear corridor of not more than five inches in height from ground
level to a clearance of not less than 14 feet in height. The Director
of Public Works/Village Engineer or designee may waive the provisions
of this section if he/she determines that such waiver will not interfere
with public travel or endanger public health, welfare, or safety.
The determination of a need to prune as required by this section will
be made by the Director of Public Works/Village Engineer and reviewed
by the Village Manager or his/her designee. Upon such determination,
written notification will be given to the property owner, who shall
do and complete such pruning.
D.
Clearance from a public walkway to lower branches of a tree or shrub
shall not be less than eight feet in height; or less than one foot
in width from the walkway's edge, and clearance from ground level
shall be no higher than five inches. Where it is determined that these
dimensions are within the ROW, the Department of Public Works shall
prune to these specifications. Where a walkway is directly bordered
by private property (as along the west border of the Lake Drive sidewalk),
the abutting private property owner is responsible for maintaining
the same clearance abutting to the walkway, that is an area beginning
no more than five inches from ground level to a minimum width of one
foot from the walkway's paved edge to a minimum height of eight feet.
Determination of such need to prune will be made by the Village Manager
or his/her designee, after which written notification will be given
to the property owner, who shall do and complete such pruning.
E.
Private roadways in the Village are defined as follows and listed
to be: Merrie Lane; a portion of Coleman Lane; portions of Goodrich
and Barnett Lanes; a portion of North Beach Drive; and a portion of
East Lilac Lane. Vegetation abutting to private roadways (other than
maintained lawn, specific ground cover, or naturalized vegetation
not over five inches in height) that exists within a minimum of two
feet from the private roadway pavement's edge shall be pruned
by the abutting property owner in such a manner as to provide and
maintain a clear corridor of not more than five inches in height from
ground level to a clearance of not less than 14 feet in height.
F.
Notice to do and complete such pruning mandated by any of the foregoing
sections shall be given either by delivering written notice to the
owner or a member of his/her household of suitable age and discretion,
or by mailing the notice to the last known address of the property
owner. The notice shall refer to this section and shall advise the
property owner to prune the vegetation within 30 days from the date
of the mailing of the notice. If the property owner of this property
or real estate does not prune the vegetation as described in the notice
within the time provided by the notice, the Director of Public Works/Village
Engineer or designee shall have such pruning done by the Department
of Public Works or by agents of the Village hired for such purpose.
Records of the cost of pruning such vegetation in the area abutting
each parcel of real estate shall be maintained and a bill thereof
shall be sent to the owner of the parcel of real estate. Payment of
such bill shall be due 15 days after it has been sent, and if not
paid within said time, shall be delinquent and shall thereupon become
a lien upon the property as of such date and shall be extended upon
the current or next tax roll as a delinquent tax, as provided by the
Wisconsin Statutes, and shall be collected as therein provided.
A.
Notwithstanding any of the foregoing provisions of §§ 310-1, 310-2, 310-3 and 310-4, any vegetation growing on or present upon the ROW, or any other obstruction of the ROW, at or near an intersection of public streets, sidewalks, and railroad crossings, may be declared a public nuisance by the Village Manager or his/her designee, if it is determined that the sight distance is insufficient and that there is an obstruction of view, or an otherwise dangerous condition exists for vehicular or pedestrian traffic. If it is determined that vegetation or some other obstruction limits the necessary sight distance, the Village Manager or his/her designee will declare the obstruction a public nuisance and will so notify the property owner(s). The obstruction/vegetation may be removed by the abutting private property owner within 30 days of receipt of notification. After such time, if the obstruction/vegetation is not removed, it will be removed by the Department of Public Works or its agents. The requirement for notice and the opportunity for removal by the private property owner shall not apply to conditions deemed to present an imminent threat to public safety as determined by the Village Manager, Director of Public Works/Village Engineer, Chief of Police, or Chief of the North Shore Fire Department.
B.
Vegetation on the ROW that is interfering with the clear sight of
traffic signs or street name signs, as determined by the Director
of Public Works/Village Engineer or designee, will be pruned or removed
by the Department of Public Works, or its agents. No notification
for such safety removals will be given to abutting private property
owners.
A.
Where the property owner has a maintained lawn between his lot line
and the shoulder of any street or private roadway or private ROW,
the property owner shall cut the grass in this area as often as the
grass shall need cutting, such that it does not exceed a height of
four inches, in order to maintain the area in a neat, safe and attractive
manner.
[Amended 11-11-2014 by Ord. No. 2014-08]
B.
Any owner of the private property that abuts Lake Drive shall maintain
the ROW between the sidewalk and the roadway as a grass lawn, and
such private property owner shall cut the grass in this area as often
as the grass shall need cutting such that it does not exceed a height
of four inches, in order to maintain the area in a safe, neat and
attractive manner.
C.
In the event that any such grass in the ROW has not been cut, the
Director of Public Works/Village Engineer or designee shall deliver
written notice to cut the grass to the owner or member of the household
of suitable age and discretion, or by mailing the notice to the last
known address of the owner. The notice shall refer to this section
and shall advise the owner to cut the grass within one week from the
date of delivery or mailing of the notice.
D.
If the owner does not cut the grass within the time provided by the
notice, the Director of Public Works/Village Engineer or designee
shall have such grass cut by the Department of Public Works or by
agents hired by the Village. The Director of Public Works/Village
Engineer or designee shall keep an accurate record of the cost of
cutting the grass in the area abutting each parcel of real estate
and a bill will be sent to the owner of such parcel of real estate
with payment due 15 days after it has been sent, and if not paid within
said time, shall become delinquent and shall thereupon become a lien
upon the property as of such date and shall be extended upon the current
or next tax roll as a delinquent tax, as provided by the Wisconsin
Statutes, and shall be collected as therein provided.
Violations of this article shall be subject to enforcement or prosecution as provided in § 1-4 of the Village Code.
