[HISTORY: Adopted by the Village Board of the Village of
Baldwin 12-12-2007 (Title 6, Ch. 4, of the 2004 Code). Amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the Village of Baldwin to
regulate and establish policy for the control of planting, removal,
maintenance and protection of trees and shrubs in or upon all public
areas and terrace areas of the Village to eliminate and guard against
dangerous conditions which may result in injury to persons using the
streets, alleys, sidewalks or other public areas; to promote and enhance
the beauty and general welfare of the Village; to prohibit the undesirable
and unsafe planting, removal, treatment and maintenance of trees and
shrubs located in public areas; and to guard all trees and shrubs
both public and private within the Village of Baldwin against the
spread of disease, insects or pests.
B.
Application. The provisions of this chapter shall apply to trees
and shrubs growing or hereafter planted in or upon public areas and
boulevard areas and also to all trees and shrubs growing or to be
planted in or upon any private property which shall threaten the life,
health, safety or welfare of the public or of any public areas.
Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
The land between the normal location of the street curbing
and right-of-way line.
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extend from ground
level throughout its entire height.
Person or Village employee designated by the Village Board
as authorized to carry out provisions of this chapter. The Village
Board may designate a municipal employee or citizen to perform the
duties of Forester under Ch. 27, Wis. Stats., and may authorize such
Forester to perform the duties and exercise the powers imposed on
the Village Board by this chapter. The Village Forester shall annually
be appointed by the Village President, subject to Board confirmation,
at the Board's organizational meeting. Such duties may be assigned
to the Director of Public Works or Weed Commissioner.
Trimming a tree beyond necessary trimming to comply with
this chapter.
Person, firm, association or corporation.
Any electric, natural gas, telephone, cable or television
utility providing services within the Village of Baldwin limits.
Any tree or shrub or part thereof which, by reason of its
condition, interferes with the use of any public areas; infected with
a plant disease; infested with injurious insects or pests; injurious
to public improvements or endangers the life, health, safety or welfare
of persons or property. "Public nuisance" shall also be defined to
include the following:
Fatal or deleterious tree or shrub diseases.
Dutch elm disease.
Oak wilt disease.
Emerald ash borer.
Any living or standing tree or part thereof infected with any
disease fungus or in a weakened condition which harbors any of the
disease carriers.
Any dead or diseased tree or part thereof, including logs, branches,
stumps, firewood or other material from which the bark has not been
removed and burned, or sprayed with an effective disease destroying
concentrate.
Any other deleterious or fatal tree disease.
Any tree, shrub or part thereof, which by reason of its condition
and location, is hazardous or dangerous to persons and property using
or upon any public street, sidewalk, alley, park or other public or
private place, including the boulevard strip between curb and lot
line.
Any tree or part thereof which is infested by the eastern tent
caterpillar or other defoliating larvae.
Owned or controlled by the Village, including without limitation
because of enumeration, public sites, parks, playgrounds, streets,
alleys, sidewalks, boulevards, and the terrace strip between the lot
line and the curb or improved portion of any public way.
All trees and shrubs located or to be planted in or upon
public areas.
Utility services provided by the Village of Baldwin.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
Any spraying, injecting or any other application of chemicals
for the abatement of a public nuisance.
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.
The Village Forester may enter upon private premises at all
reasonable times for the purpose of examining any tree or shrub located
upon or over such property and carrying out any of the provisions
of this chapter.
No person shall interfere with or prevent any acts of the Forester
or his/her agents or employees while they are engaged in the performance
of duties imposed by this chapter. No person shall refuse to permit
the Forester or his/her duly authorized representative to enter upon
his/her premises at reasonable times to exercise the duties imposed
by this chapter.
A.
Tree diseases a public nuisance. The Village Board has determined
that there are many trees growing on public and private property within
the Village, the loss of which would substantially depreciate the
value of public and private property, impair the use and enjoyment
of public and private property and erode the tax base of the Village,
and that the health and life of such trees are threatened by fatal
diseases, such as Dutch elm disease. The Village Board hereby declares
its intention to control and prevent the spread of such disease and
the insect pests and vectors which carry such diseases to be public
nuisances.
B.
Inspection.
(1)
Tree nuisance inspections. The Village Forester shall inspect or
cause to be inspected all property and places within the Village to
determine whether any public nuisance exists thereon, and shall also
inspect or cause the inspection of any tree reported or suspected
to be a public nuisance.
(2)
Authority to enter private lands. The Forester and his/her agents
or employees shall have authority to enter upon private property at
reasonable times for the purpose of carrying out any of the provisions
of this section.
C.
Abatement of nuisances; duty of Forester.
(1)
Abatement orders. Following authorization by the Village Board, the
Forester shall order, direct, supervise and control the abatement
of public nuisances as defined in this chapter by treatment, spraying,
removal, burning or by other means determined to be necessary to prevent
as fully as possible the spread of any public nuisance.
(2)
Forester's abatement actions. Whenever the Forester after inspection
or examination shall determine that a public nuisance as herein defined
exists on public property in the Village, the Forester shall immediately
abate or cause the abatement of such nuisance in such manner as to
destroy or prevent as fully as possible the spread of such nuisance.
(3)
Private lands.
(a)
When the Forester determines with reasonable certainty that
a public nuisance exists upon private property, the Forester shall
immediately serve or cause to be served personally or by registered
or certified mail upon the owner of such property, if the owner can
be found, or upon the occupant thereof, a written notice of the existence
of such nuisance and of a time and place for a hearing, not less than
14 days after service of such notice, on the abatement action to be
taken. Such notice shall describe the nuisance and recommend procedures
for its abatement, and shall further state that unless the owner shall
abate the nuisance in the manner specified in the notice, or shall
appear at the hearing to show that such nuisance does not exist or
does not endanger the health of trees in the Village, the Forester
shall cause the abatement thereof at the expense of the property served.
If the owner cannot be found, such notice shall be given by publication
in a newspaper of general circulation in the Village.
(b)
If, after hearing held pursuant to this subsection, it shall
be determined by the Village Board that a public nuisance exists,
it shall forthwith order the immediate abatement thereof. Unless the
property owner abates the nuisance as directed within five days after
such hearing, the Forester shall proceed to abate the nuisance and
cause the cost thereof to be assessed against the property in accordance
with the procedures provided in this section. The Forester may extend
the time allowed the property owner for abatement work but not to
exceed 10 additional days.
D.
Treatment.
(1)
Action by Forester. Whenever the Forester determines that any tree
or part thereof is infected with a deleterious or fatal tree disease
or is in a weakened condition, the Forester may cause all trees within
a one-thousand-foot radius thereto to be sprayed with an effective
disease destroying concentrate or other insecticide, following prior
authorization by the Village Board.
(2)
Notice. In order to facilitate the work and minimize the inconvenience
to the public of any treatment operations conducted under this section,
the Forester shall cause to be given advance public notice of such
operations by newspaper, radio, television, public service announcements
or other effective means and shall also cause the posting of appropriate
warning notices in the areas and along the streets where trees are
to be treated at least 24 hours in advance of treatment. When any
residue or concentrate from municipal treatment operations can be
expected to be deposited on any public street, the Forester shall
also notify the Director of Public Works, who shall take all necessary
steps to make and enforce temporary parking and traffic regulations
on such streets as conditions require. Temporary "no parking" notices
shall be posted in each block of any affected street at least 24 hours
in advance of spraying operations.
A.
Public property. The entire cost of abating any public nuisance or
spraying any tree, or part thereof, when done at the direction of
the Forester shall be borne by the Village as to any growth, tree
or shrub located upon property owned by the Village.
B.
Private property. The cost of abating a public nuisance or treatment
of diseased trees located on private property when done at the direction
and under the supervision of the Forester shall be assessed to the
property on which such nuisance, tree or wood is located as follows:
(1)
The Forester shall keep a strict account of the cost of such work
or treatment and the amount chargeable to each lot or parcel and shall
report such work, charges, description of lands to which charged and
names and addresses of the owners of such lands to the Village Board
on or before October 15 of each year.
(2)
Upon receiving the Forester's report, the Village Board, or
a designated standing committee thereof, shall hold a public hearing
on such proposed charges, giving at least 14 days' advance notice
of the time, place and purpose of such hearing to interested persons
by publication in a newspaper of general circulation in the municipality
and by mail to the owner of each property proposed to be charged.
Each property owner shall be notified of the amount proposed to be
assessed against his/her premises and the work for which such charge
is being made.
(3)
After such hearing, the Village Board, or a designated standing committee
thereof, shall affirm, modify and affirm or disapprove such assessments
by resolution and shall cause a copy thereof to be published. Upon
adoption and publication of such resolution, assessments made thereby
shall be deemed final.
(4)
The Village Clerk-Treasurer shall mail notice of the amount of such
final assessment to each owner of property assessed at his/her last
known address, stating that, unless paid within 30 days of the date
of the notice, such assessment will be entered on the tax roll as
a tax against the property, and all proceedings in relation to the
collection, return and sale of property for delinquent real estate
taxes shall apply to such assessment.
(5)
The Village hereby declares that, in making assessments under this
section, it is acting under its police power, and no damages shall
be awarded to any owner for the destruction of any diseased or infested
tree or wood or part thereof.
A.
Purpose.
(1)
Generally. The Village Board hereby states its determination that
the planting, care and protection of the trees within the Village
of Baldwin is desirable for the purposes of beauty, shade, comfort,
noise abatement and economic betterment, and hereby encourages all
persons to assist in a program of tree planting, care and protection.
(2)
Permit required. No person shall, except upon order of the Village
Forester, plant, transplant, move, spray, brace, trim, prune, cut
(above or below ground), disturb, bury, mulch or alter a public tree
or shrub in the Village, or cause such act to be done by others, without
first getting a written permit for such work from the Village Forester
as herein provided.
(3)
Exemptions. No permit shall be required to cultivate, fertilize,
perform minor cutting or pruning or watering of public trees or shrubs.
(4)
Requirements and conditions of permits. If the Village Forester determines
that the proposed work or planning described in an application for
a permit is necessary and in accord with the purposes of this chapter,
taking into account the safety, health and welfare of the public,
location of utilities, public sidewalks, driveways and streetlights,
general character of the area in which the tree or shrub is located
or proposed to be located, type of soil, characteristics and physiological
needs of the species or variety of trees or shrub, he/she shall issue
a permit to the applicant upon presentation of the receipt of the
Village Clerk-Treasurer showing payment of the required fee. As a
condition of granting any permit to remove a public tree or shrub,
the Village Forester may require that the permittee plant one or more
trees or shrubs in place of the one removed, and no permittee under
such a conditional permit, shall fail, refuse or neglect to plant
trees or shrubs of the type, size and location specified in his/her
permit.
(5)
Form, expiration and inspection. Every permit shall be issued by
the Village Forester on forms prepared by him/her, shall include a
description of the work to be done and shall specify the species or
variety, size, nursery grade and location of trees or shrubs to be
planted, if any. Any work done under such permit must be performed
in strict accordance with the terms thereof and the provisions of
this chapter. Permits issued under this chapter shall expire six months
after date of issue.
(6)
Fee. The fee for a permit shall be as prescribed in the Village Fee
Schedule.
(7)
Permits to public utilities. Whenever a permit is issued under this
chapter to a public utility to move, trim, prune, cut, disturb, alter
or do surgery on any public tree or shrub, the Village Forester shall
limit the work to be done to the actual necessities of the utility
and may assign an inspector to supervise the work done under the provisions
of the permit, and the expense of such inspection or supervision shall
be charged to the utility.
(8)
House-moving permits. No person shall move any building, structure or object exceeding 13 feet in height or width upon, over or along any public right-of-way or other public place without first obtaining a written moving permit from the Village pursuant to § 235-15, which may require the applicant to furnish a bond or cash deposit to cover the cost of repairing or replacing any public trees or shrubs which are injured as a result of the moving operations, specify the route to be taken and impose any other conditions reasonably necessary for the protection of nearby public trees from injury.
(9)
Permits under this chapter shall expire 30 days after date of issue.
B.
Tree planting program. The Village Urban Forestry Board shall recommend
to the Village Board a program for tree planting, care and protection
for public parks. The Urban Forestry Board and Village Board shall
also encourage the planting, care and protection of trees and shrubs
on private premises within the Village of Baldwin.
C.
Cottonwood and box elder trees prohibited. No person shall plant
within the Village of Baldwin any female tree of the species Populus
deltoides, commonly called the "cottonwood," or any tree commonly
called the "seed-bearing box elder," Acer negundo, which may now or
hereafter become infested with box elder bugs, and such trees are
hereby declared a nuisance. Any person planting any such trees on
his/her premises shall cause the same to be removed. If any owner
shall fail to remove any such tree within 30 days after receiving
written notice from the Village Forester, the Village shall cause
the removal of such tree and report the full cost thereof to the Village
Clerk-Treasurer who shall place such charge upon the next tax roll
as a special charge against the premises.
D.
Planting of certain trees restricted. Except in public parks, no
person shall hereafter plant any Catalpa, Chinese elm, White poplar,
Weeping willow, Evergreen, Lombardy poplar or Silver maple tree in
or upon any public street, parkway, boulevard or other public place
within the Village of Baldwin unless he/she shall first secure written
permission from the Village Forester, who shall not approve any such
planting if, in his/her opinion, said tree will constitute a nuisance
to the public or adjoining property owners or interfere with the safety
of the public or the operation of any sewer or water system. The Village
Forester shall cause the removal of any tree planted in violation
of this subsection.
E.
Planting. Planting shall be done in accordance with ANSI A300 Standards
(American National Standards Institute):
(1)
Trees.
(a)
All new street trees must be selected from a list of approved
trees compiled by the Village Forester. No other species may be planted
without the written approval of the Village Forester. New trees must
be single stemmed with a minimum diameter of 1 1/4 inches measured
at six inches above ground level.
(b)
The tree shall be planted in a well-prepared hole at the same
depth as it was originally growing.
(c)
The tree shall be kept well watered and mulched or cultivated
in a two-foot diameter around its base to conserve moisture and as
a protection from lawn mower damage.
(d)
The good health of all trees planted hereunder shall be guaranteed
for one year by the applicant, after which time such trees shall become
the property of the Village of Baldwin.
(2)
To prevent monoculturing and inhibit the future spread of disease,
trees shall be alternated. When planting, two trees of the same genus
must have two different trees between them.
(3)
Where required, curbs and sidewalks must be installed prior to street
tree planting. Trees should be planted halfway between the sidewalk
and curb. No tree should be planted closer than four feet to the curb.
(4)
Trees may not be planted in the boulevard closer than:
(a)
Twenty feet to a utility or streetlighting pole.
(b)
Fifteen feet to a driveway or alley.
(c)
Ten feet to a fire hydrant, water stop box or gas shutoff. If
possible, allow more distance than 10 feet.
(d)
Twenty-five feet to the intersection of two streets from either
corner measured on the property line.
(e)
Twenty-five feet to another tree. (If the other tree is an elm
or other species which is damaged, injured or diseased and likely
to be removed in the future, then a thirty-five-foot distance to the
next nearest healthy tree will prevail.)
(5)
New street trees shall not be planted over an existing tree stump
within two years of removal unless the stump is removed to a depth
of four feet.
(6)
The property owner has the responsibility to locate underground utilities
before digging.
(7)
Coniferous trees shall not be planted in a boulevard area.
F.
Unlawfully planted trees. Trees, plants or shrubs planted within
any boulevard or planting easement without the authorization and approval
of the Forester may be removed. The Forester shall notify the abutting
owner in writing, listing the unlawfully planted trees, plants or
shrubs, ordering their removal, and establishing a reasonable time
within which such removal shall be accomplished. In the event that
removal is not to be accomplished within the time specified, the Village
may remove such trees, plants or shrubs and assess the costs thereof
to the owner.
G.
Frames. Any person, adjacent to whose land any shade or ornamental
tree or shrub is growing in any street, may, for the purpose of protecting
such tree or shrub, surround the same with a suitable box or frame
for protection, but all such work shall be performed under the supervision
and direction of the Village Forester.
H.
Acceptable trees. Certain plants are more suited than others to provide
these benefits under various landscape conditions. The lists following
provide a range of sizes and tree variety; they are not inclusive
of all the better plants but are representative of them.
(1)
Boulevard trees (mature height 30 feet and over).
|
Maple Genus (Acer)
|
Fall Foliage Color
| |
|---|---|---|
|
Sensation maple
|
Red
| |
|
Norway maple
|
Yellow
| |
|
Crimson King maple
|
Same- purple
| |
|
Crimson Sentry maple
|
Same-purple
| |
|
Deborah maple
|
Red
| |
|
Emerald Lustre maple
|
Yellow
| |
|
Emerald Queen maple
|
Yellow
| |
|
Princeton Gold maple
|
Yellow
| |
|
Royal Red maple
|
Same red
| |
|
Superform maple
|
Yellow
| |
|
Variegated Norway maple
|
Yellow
| |
|
Korean maple
|
Yellow, orange, red
| |
|
Red maple
|
Scarlet or yellow
| |
|
Autumn Spire maple
|
Red
| |
|
Burgundy Belle maple
|
Red
| |
|
Northfire maple
|
Red
| |
|
Northwood maple
|
Orange-red
| |
|
October Glory maple
|
Red
| |
|
Red Sunset maple
|
Red
| |
|
Scarlet Jewel maple
|
Crimson
| |
|
Rubyfrost maple
|
Red
| |
|
Sugar maple
|
Yellow-red
| |
|
Green Mountain maple
|
Orange-scarlet
| |
|
Black Sugar maple
|
Golden
| |
|
Unity maple
|
Yellow, orange, red
| |
|
Autumn Blaze maple
|
Orange, red
| |
|
Sienna Glen maple
|
Burgundy-red
| |
|
Green Mountain Sugar maple
|
Yellow
| |
|
Oak genus (Quercus)
| ||
|
White oak
| ||
|
Swamp White oak
| ||
|
Scarlet oak
| ||
|
Bur oak
| ||
|
Heritage oak
| ||
|
Regal Prince oak
| ||
|
Birch genus (Betula)
| ||
|
Crimson Frost birch
|
Same
| |
|
River birch
|
Golden
| |
|
Heritage birch
|
Golden
| |
|
Renaissance Reflection birch
|
Yellow
| |
|
European White birch
|
Yellow
| |
|
Weeping Cut Leaf birch
|
Golden
| |
|
Dakota Pinnacle birch
|
Same
| |
|
Prairie Vision Asian White birch
|
Golden
| |
|
Whitespire birch
|
Yellow
| |
|
Honeylocust genus (Gleditsia)
| ||
|
Imperial honeylocust
|
Yellow
| |
|
Northern Acclaim honeylocust
|
Yellow
| |
|
Shademaster honeylocust
|
Yellow-green
| |
|
Skyline honeylocust
|
Golden-yellow
| |
|
Sunburst honeylocust
|
Golden-yellow
| |
|
Elm genus (Ulmus) disease resistant variety
| ||
|
Accolade elm
|
Golden-yellow
| |
|
Cathedral elm
|
Yellow
| |
|
Princeton American elm
|
Yellow
| |
|
Valley Forge American elm
|
Yellow
| |
|
Discovery elm
|
Yellow
| |
|
Homestead elm
|
Yellow
| |
|
Vanguard elm
|
Same
| |
|
Miscellaneous genus
| ||
|
Ohio Buckeye (Aesculus)
|
Orange-brown
| |
|
Common Hackberry (Celtis)
|
Yellow
| |
|
Autumn Gold ginkgo (Ginkgo)
|
Yellow
| |
|
Kentucky Coffeetree (Gymnocladus)
|
Yellow
| |
|
Black walnut (Juglans)
|
Yellow
| |
|
Cucumbertree magnolia (Magnolia)
|
Green-brown
| |
|
Merrill magnolia (Magnolia)
|
Same
| |
|
Ironwood (Ostrya)
|
Golden-yellow
| |
|
Littleleaf linden (Tilia)
|
Yellow
|
(2)
Trees for under utilities (mature height under 30 feet).
|
Miscellaneous Genus
|
Fall Foliage Color
| |
|---|---|---|
|
State Street maple (Acer)
|
Yellow
| |
|
Hot Wings maple (Acer)
|
Yellow, red
| |
|
Pacific Sunset maple (Acer)
|
Orange, red
| |
|
Autumn Brilliance serviceberry (Amelanchier)
|
Red-orange
| |
|
Dura Heat River birch (Betula)
|
Yellow
| |
|
Blue beech (Carpinus)
|
Orange, red
| |
|
MN Strain redbud (Cercis)
|
Yellow
| |
|
White Fringetree (Chionanthus)
|
Yellow
| |
|
Pagoda dogwood (Comus)
|
Red
| |
|
Satomi dogwood (Comus)
|
Purple-red
| |
|
Golden Glory Corneliancherry dogwood (Cornus)
|
Same
| |
|
Thornless Cockspur hawthorn (Crataegus)
|
Orange
| |
|
Crimson Cloud hawthorn (Crataegus)
|
Same
| |
|
Butterflies magnolia (Magnolia)
|
Same
| |
|
European Mountain ash (Surbus)
|
Red
| |
|
Cardinal Royal Mountain ash (Sorbus)
|
Rust
| |
|
Showy Mountain ash (Sorbus)
|
Red
| |
|
Japanese Tree lilac (Syringa)
|
Same
| |
|
Ivory Silk lilac (Syringa)
|
Same
| |
|
Miss Kim lilac (Syringa)
|
Same
| |
|
Crabapple genus (Malus) Fruit <5/8"
|
Flower Color
| |
|
Adams crab
|
Pink
| |
|
Adirondack crab
|
White, pink
| |
|
Anne E. crabapple
|
Pink, white
| |
|
Cardinal crab
|
Red
| |
|
Centurion crab
|
Rose-red
| |
|
Donald Wyman crab
|
White
| |
|
Golden Raindrops crab
|
White
| |
|
Harvest Gold crab
|
White
| |
|
Hopa crab
|
Pink, white
| |
|
Indian Magic crab
|
Red, pink
| |
|
Louisa crab
|
Pink
| |
|
Madonna crab
|
White
| |
|
Pink Spires crab
|
Lavender-pink
| |
|
Prairifire crab
|
Purple-red
| |
|
Profusion crab
|
Purple, pink
| |
|
Purple Prince crab
|
Red
| |
|
Radiant crab
|
Pink
| |
|
Red Barron crab
|
Red
| |
|
Red Jewel crab
|
White
| |
|
Red Splendor crab
|
Pink
| |
|
Robinson crab
|
Pink
| |
|
Royal Raindrops crabapple
|
Pink
| |
|
Sentinel crab
|
White-pink
| |
|
Snowdrift crab
|
Pink-white
| |
|
Spring Bride crabapple
|
White
| |
|
Spring Snow crab
|
White
| |
|
Sugar Tyme crab
|
Pink-white
| |
|
Thunderchild crab
|
Pink
| |
|
Plum genus (Prunus)
| ||
|
American plum
|
White
| |
|
Newport plum
|
Pink
| |
|
Amur chokecherry
|
White
| |
|
Princess Kay plum
|
White
| |
|
Redleaf May Day tree
|
White
| |
|
May Day tree
|
White
| |
|
Chokecherry
|
White
| |
|
Canada Red cherry
|
White
| |
|
Canada Red Select cherry
|
White
|
(3)
Trees for parks in addition to species listed above.
|
Miscellaneous Genus
|
Fall Foliage Color
| |
|---|---|---|
|
Young's Weeping birch (Betula)
|
Yellow
| |
|
American larch (Larix)
|
Yellow camelot
| |
|
Crab (Malus)
|
Fuchia-pink, white
| |
|
Candymint crab (Malus)
|
Pink
| |
|
Coralburst crab (Malus)
|
Pink, red
| |
|
Firebird crab (Malus)
|
White
| |
|
Willow, all species (Salix)
|
Yellow
| |
|
Balsam fir (Abies)
|
Evergreen
| |
|
Norway spruce (Picea)
|
Evergreen
| |
|
Black Hills spruce (Picea)
|
Evergreen
| |
|
Colorado Blue spruce (Picea)
|
Evergreen
| |
|
White pine (Pinus)
|
Evergreen
|
A.
All trimming shall be done in accordance with ANSI 300 Standards.
B.
Prior to major trimming activity involving a public tree, the permit requirements of § 529-7A shall be complied with. Any person growing a tree, plant or shrub on any private property abutting on public streets or public places shall:
(1)
Trim them so as not to be a hazard to persons using the streets or
to interfere with the proper lighting of the streets.
(2)
Treat or remove any tree, plant or shrub which the Village Forester
shall determine is diseased or insect-ridden or a hazard to persons
using the streets or sidewalks.
(3)
Remove and refrain from planting any tree, plant or shrub designated
by the Wisconsin Department of Administration and published in its
regulations to be a host or carrier of a dangerous plant disease or
insect pest.
C.
Trees and shrubs standing in or upon any private property adjacent
to any public area shall be kept trimmed by their owner (or adjacent
property owner) so that the lowest branches projecting over the public
street or alley provide a clearance of not less than 14 feet. The
Village Forester may waive the provisions of this subsection for newly
planted trees if it is determined that they do not interfere with
public travel, obstruct the light of any streetlight or endanger public
safety.
D.
The necessity of the pruning may be determined by the Village Forester.
E.
Clearance from sidewalk to lower branches shall not be less than
seven feet. All trees standing upon private property in the Village,
the branches of which extend over the line of the street, shall be
trimmed so that no branch shall grow or hang over the line of the
sidewalk lower than 10 feet above the level of the sidewalk. No tree
shall be permitted to grow in such a manner as to obstruct the proper
diffusion of light from any public lamp.[1]
F.
Trimming or pruning of more than 2/3 of the crown shall be considered
to be a major alteration and shall require authorization from the
Village Forester.
A.
Notwithstanding any other provision of this chapter, no person shall
maintain, plant or permit to remain on any private or public property
situated at the intersection of two or more streets or alleys in the
Village of Baldwin any hedge, tree, shrub or other growth which may
obstruct the view of the operator of any motor vehicle or pedestrian
approaching such intersection.
B.
It is unlawful for any person to plant, cause to grow, allow to grow
or maintain any trees, bushes, shrubbery or vegetation of any kind
which is an obstruction to the clear and complete vision of any traffic
sign or driveway approach to a street in the Village. It shall be
the duty of every owner of such tree, bush, shrubbery or vegetation
to remove such obstruction.
C.
Any shrub, tree or other plant which obstructs the view at an intersection
or the view of a traffic sign shall be deemed to be dangerous to public
travel and the Village Forester may order, by written notice, the
owner or occupant of any private place or property on which there
stands a tree or shrub which unreasonably interferes with or encroaches
upon the street or sidewalk to take such steps as are necessary to
remove such interference. If such owner or occupant fails, within
10 days of receipt of notice, to take such necessary steps, the Village
Forester shall order Village employees to remove the interference.
The cost of removing the interference shall be levied and collected
as a special tax upon the property upon which or in front of which
such tree or shrub stands.[1]
A.
Damage to public trees. No person shall, without the consent of the
owner in the case of a private tree or shrub, or without written permit
from the Village Forester in the case of a boulevard area tree, public
tree or shrub, perform or cause to be performed by others any of the
following acts:
(1)
Secure, fasten or run any rope, wire sign, unprotected electrical
installation or other device or material to, around or through a tree
or shrub.
(2)
Break, injure, mutilate, deface, kill or destroy any tree or shrub
or permit any fire to burn where it will injure any tree or shrub.
(3)
Permit any toxic chemical, gas, smoke, oil or other injurious substance
to seep, drain or be emptied upon or about any tree or shrub or place
cement or other solid substance around the base of the same.
(4)
Remove any guard, stake or other device or material intended for
the protection of a public tree or shrub, or close or obstruct any
open space about the base of a public tree or shrub designed to permit
access of air, water and fertilizer.
(5)
Attach any sign, poster, notice or other object on any tree, or fasten
any guy wire, cable, rope, nails, screws or other device to any tree;
except that the Village may tie temporary signs to trees when necessary
in conjunction with street improvement work, tree maintenance work
or parades.
(6)
Cause or encourage any fire or burning near or around any tree.
(7)
Top or make topping cuts on any public tree.
B.
Excavations. All trees on any parkway, boulevard or other publicly
owned property near any excavation or construction of any building
structure or street work shall be sufficiently guarded and protected
by those responsible for such work as to prevent any injury to said
trees. No person shall excavate any ditches, tunnels or trenches or
install pavement within a radius of 10 feet from any public tree without
a permit from the Village Forester.[1]
C.
Refusal to abate nuisance. No person shall permit any public nuisance
to remain on any premises owned or controlled by him/her when ordered
by the Forester to abate such nuisance.
Any person who receives a determination or order under this chapter from the Village Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter 7, Administrative Review, of this Code and Ch. 68, Wis. Stats., to the Village Board within seven days of receipt of the order and the Village Board shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the Village Board may reverse, affirm or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The Village Board shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Village Board shall file its written decision with the Village Clerk-Treasurer.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.
