[HISTORY: Adopted by the Village Board of the Village of East Troy 1-18-2021 by Ord. No. 2021-02.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 443, Trees and Shrubs, adopted 4-3-2000 by Ord. No. 2000-2 as Title 6, Ch. 4, of the 2000 Code, as amended.
The Village Board may employ a Village Forester or designate a municipal employee to take charge of and direct, subject to its supervision and control, the transplanting, removal, trimming, spraying, caring for and protecting of all trees and shrubs on or in that part of every street, the grade of which has been established, lying between the lot line and the curb or in the center of the side plots in any terraces, boulevards or parkways, and in all public parks or grounds belonging to the Village, and he/she shall direct, control and regulate all transplanting, removal, trimming, spraying, fertilizing and maintenance by others in such areas. The Village Forester shall guard all trees and shrubs within the Village to prevent the spread of disease, insects or pests and to eliminate dangerous conditions, thereby ensuring public safety. All work done by the Village Forester is under the direction and supervision of the Department of Public Works. The Village Forester shall have such other powers and duties as provided by § 27.09, Wis. Stats., and Village ordinances.
A. 
Intent and purpose. The Village of East Troy shall regulate, finance and control the planting, removal, maintenance and protection of trees and shrubs in or upon all public 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 against the spread of disease, insects or pests. To that end, the Village of East Troy shall undertake a master plan to replace any trees and shrubs which shall be removed for whatever reason. To further implement such plan, any tree or shrub that has been removed, for whatever reason, shall be replaced within one year, unless exceptional circumstances dictate otherwise, under the direction of the Village Forester or Director of Public Works by the Village, and shall be consistent with all Village ordinances or parts thereof.
B. 
Notice to owners. Whenever the East Troy Village Board proposes the setting out, planting or removing of any living shade tree, it shall attempt to give notice to the owner or its agent of the lot or parcel of land on which such tree stands or will stand, or, if neither is known and a tenant occupies such property, then to such tenant, of a time and place at which such contemplated work will be considered by the Village Forester, specifying the street, avenue, alley or boulevard and portion thereof upon or from which trees are proposed to be planted or removed and the general nature and character of the changes and improvements contemplated. If the property owner objects, he/she may apply to the East Troy Village Board for a hearing, and the notice shall incorporate this provision. After such hearing, the East Troy Village Board shall direct the Village Forester or Director of Public Works to abandon such work or proceed with it, as the best interest of the public requires.
A. 
Authority over public trees and shrubs. The Village Forester shall plant, trim, spray, preserve, renew and remove public trees and shrubs or cause such work to be done as may be necessary to ensure the public safety, preserve the beauty of public areas and to protect public property, sewers and water mains from damage or injury.
B. 
Authority over private trees and shrubs.
(1) 
Notice to abate public nuisances.
(a) 
Whenever the Village Forester shall find on examination that any tree, shrub or part thereof growing or located upon private premises is a public nuisance, as defined below, he/she shall notify the owner or his/her agent by mailing notice to the last known address of the property owner by certified mail, or by delivery of notice by a police officer, that the nuisance must be sprayed, removed or otherwise abated as directed in the notice within 30 days, unless the Village Forester shall determine that immediate action is necessary for public safety.
(b) 
"Public nuisance" means any tree, shrub or part thereof which, by reason of its condition, interferes with the use of any public area, is infected with a plant disease, is infested with injurious insects or pests, is injurious to public improvements, is dead or partially dead, or endangers the life, health, safety or welfare of persons or property.
(2) 
Abatement by Village. If the owner of such premises or his/her agent refuses or neglects to comply with the notice within the time specified, the Village Forester shall cause the nuisance to be sprayed, removed or otherwise abated and shall report the expense thereof to the Village Clerk, who shall enter it as a charge against the property upon which the tree or shrub is located.
(3) 
Authority of Village Forester to enter private premises. The Village Forester or authorized representative may enter upon private premises at all reasonable times to examine any tree or shrub located upon or over such premises and carry out any of the provisions of this section.
(4) 
Interference with Village Forester prohibited. No person shall interfere with the Village Forester or his/her authorized agents while they are engaged in carrying out any work or activities authorized by this section.
(5) 
Charges for private tree inspections. Any person requesting the Village Forester to examine a private tree shall be responsible for the cost incurred for such inspection.
A. 
With approval/permission. Except upon order of the Village Forester, no person shall plant, remove, spray, brace, trim, prune, cut above or below ground, disturb, alter or do surgery on a tree or shrub in the public right-of-way or any public area, or cause such act to be done by others, without approval/permission for such work from the Village Forester as herein provided.
B. 
Permit exemptions. No permit shall be required to cultivate, fertilize or water public trees or shrubs.
C. 
Approval/permission and conditions. If the Village Forester determines that the proposed work or planting described in an application for a permit is necessary and in accord with the purpose of this section, 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 trees or shrubs are located, type of soil, and characteristics and physiological need of the genus, species and variety of tree or shrub, he/she shall issue permission to the applicant.
D. 
Permit form; expiration; inspection. Every permit shall be issued by the Village Forester on a standard form and shall include a description of the work to be done and shall specify the genus, species and variety, size, nursery grade and location of trees or shrubs to be planted, if any. Any work done under such permit shall be performed in accordance with the terms thereof and the provisions of this section. Permits issued under this section shall expire in 30 days after the date of issuance.
E. 
Notification to public utilities.
(1) 
Whenever permission is issued under this section to a public utility to remove, trim, prune, cut, disturb, alter or do surgery on any public tree or shrub, the Director of Public Works or the Village Forester shall limit the work to be done to actual necessity of the utility and may instruct the utility as to the method applied.
(2) 
A public utility may secure an annual working agreement with the Director of Public Works which gives the Village Forester the authorization to have input into work to be done associated with trees and shrubs.
A. 
Planting.
(1) 
The size and genus, species and variety of trees and shrubs to be planted in public areas and as part of a Village-approved forestry program and the manner of planting shall be submitted to the Village Forester for approval before commencement of such work.
(2) 
No trees or shrubs shall be planted within 35 feet of any street corner. There shall be a minimum of 35 feet between Village parkway trees or as determined by the Village Forester, such determination to be based upon the following factors; however, not limited to such by reason of enumeration: the genus, species and variety.
(3) 
The following trees shall be planted in the terrace/parkway:
(a) 
Norway maple (Emerald Queen, Columnar or Globe);
(b) 
Red maple;
(c) 
Elm (disease resistant);
(d) 
Sugar maple;
(e) 
Hackberry;
(f) 
White ash (Autumn Purple) (disease resistant);
(g) 
Green ash (seedless variety and disease resistant);
(h) 
Certified male gingko;
(i) 
Thornless honey locust (Skyline, Imperial or Moraine);
(j) 
Ironwood;
(k) 
Red oak;
(l) 
Linden (Little Leaf, Redmond, Chancellor or Green Spire); and
(m) 
Improved varieties approved by the University of Wisconsin Horticulture Department, College of Agriculture and Life Sciences.
(4) 
The following tree varieties are not permitted in the terrace/parkway:
(a) 
Poplar;
(b) 
Ailanthus;
(c) 
Box elder;
(d) 
Catalpa;
(e) 
Mountain ash;
(f) 
Birch;
(g) 
Willows;
(h) 
Conifers;
(i) 
Silver maple;
(j) 
Chinese or Siberian elm;
(k) 
Any fruit-bearing or nut-bearing trees; and
(l) 
Such other that may not be approved by the University of Wisconsin Horticulture Department, College of Agriculture and Life Sciences.
B. 
Trimming.
(1) 
Trees or shrubs standing in or upon any public right-of-way, public areas or upon any private premises adjacent to any public right-of-way or public areas shall be kept trimmed so that the lowest branches projecting over the street or alley provide a clearance of not less than 14 feet. The Village Forester may waive the provisions of this section for newly planted trees if he/she determines they do not interfere with public travel, obstruct the light of any streetlight or endanger public safety.
(2) 
The necessity of pruning shall be determined by the Village Forester.
(3) 
Clearance from sidewalk to lower branches shall not be less than 10 feet.
C. 
Obstruction of view at intersections prohibited. Notwithstanding any other provisions of this section, no person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more streets or alleys in the Village any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection. In the clear sight triangle, which means a triangle formed by the curblines of two intersecting rights-of-way and a third line connecting specified points on those curblines to provide a full view of corners of streets, alleys and highways, trees and shrubs shall not exceed a thirty-inch height above the street grade. Any hedge, tree, shrub or growth which exceeds such thirty-inch height is hereby declared a public nuisance.
A. 
No person shall, without the consent of the owner in the case of a private tree or shrub or without prior approval from the Village Forester in case of a public tree or shrub, do or cause to be done 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, salt brine, or other injurious substance to seep, drain or be emptied upon or about any tree or shrub.
(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) 
Excavate any ditch, tunnel or trench or lay any drive a radius of 10 feet from any tree or shrub, except by those public utilities under authorization of an annual agreement and/or unless otherwise noted on a permit for excavation to public utilities.
(6) 
Erect, alter, repair, raze or excavate without placing suitable guards, as approved by the Village Forester, around all public trees or shrubs which may be injured by such operations.
B. 
When a permit is obtained from the Village to move over-height or over-width structures or objects, the Village Forester shall advise the carrier that any trees or shrubs damaged as a result of the move shall be the permittee's liability.
Any person who receives a determination or order under this chapter from the Village Forester and objects to all or any part thereof may appeal such determination or order to the Village Board within seven days of receipt of the order, and the Village Board shall hear such appeal within 45 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.
This article is intended to protect and promote the health, safety, and welfare of the people by:
A. 
Preserving the Village's character as a natural wooded community;
B. 
Maintaining property values by improving and preserving the aesthetic appeal of the Village through tree regulation;
C. 
Preserving the natural resources of the Village and state;
D. 
Reducing the amount of erosion in the Village due to tree removal; and
E. 
Protecting the quality of the waters of the state and the Village.
The provisions of this article do not apply to any parcel, or part thereof, that is zoned for industrial purposes as set forth in Chapter 510.
A. 
Unregulated trees. Trees that are less than eight inches in diameter, measured at 4.5 feet above the ground, are not regulated by this article.
B. 
Regulated trees. Trees with a diameter of eight inches or greater, measured at 4.5 feet above the ground, except as set forth in Subsection C below, are subject to the limitations as follows:
(1) 
In lots of 1/4 acre or less in size, all of such trees per lot may be removed, except those that may be otherwise regulated by other provisions of the Municipal Code, including shoreland regulations in Chapter 510.
(2) 
In lots of more than 1/4 acre to one acre in size, up to 60% of such trees per lot may be removed, except those that may be otherwise regulated by other provisions of the Municipal Code, including shoreland regulations in Chapter 510.
(3) 
In lots of more than one acre to 2 1/2 acres in size, up to 40% of such trees per lot may be removed, except those that may be otherwise regulated by other provisions of the Municipal Code, including shoreland regulations in Chapter 510.
(4) 
In lots of more than 2 1/2 acres in size, up to 20% of such trees per lot may be removed, except those that may be otherwise regulated by other provisions of the Municipal Code, including shoreland regulations in Chapter 510.
C. 
Exceptions. A tree of any size may be removed from a lot when such tree represents a danger to property or the health, safety or welfare of any person, or where such tree is diseased or severely damaged. In this regard, the property owner may seek the advice of the Village Forester before such tree is removed and/or provide documentary evidence showing the condition of the tree, including photographs or a letter from an arborist or other qualified individual.
Prior to the removal of any tree in excess of the limitations set forth in § 443-202, the property owner must submit a tree removal application to the Plan Commission and obtain the approval of the same. The approved permit must show how the property owner will replace the regulated trees as more fully set forth in § 443-204.
A. 
Planting specifications. At the time of planting, replacement trees must have a caliper diameter of at least two inches and be a species as listed in the tree removal permit.
B. 
Credit for existing trees. Existing trees on the property that are less than eight inches in diameter, measured at 4.5 feet above the ground, may be used as a replacement tree if so approved by the Plan Commission.
C. 
Nonqualifying trees. A tree that is planted to satisfy the landscaping requirements in the zoning regulations does not qualify as a replacement tree.
D. 
Options in lieu of on-site planting. Should the site plan not provide adequate space for the planting of replacement trees, the Village may designate an alternative site for planting of the trees or accept a payment for each such tree to be used by the Village for planting of trees on public property. The amount of the payment shall be established by the Village Forester based on prevailing costs, including planting costs.
Replacement trees planted on the subject property must be continuously maintained in a healthy condition.
Nothing in this article shall be construed to be an exception to the Village's Construction Site Erosion Control Ordinance[1] or any other regulation or requirement.
[1]
Editor's Note: See Ch. 483, Erosion Control and Stormwater Management, Art. I, Construction Site Erosion Control.
Any person violating any provisions of this article shall be subject to the penalty provision set forth in § 1-4 of the Municipal Code. Each tree removed in violation of this article shall be considered a separate violation.