[HISTORY: Adopted by the Village Board of the Village of
Woodville 8-13-1996 (Ch. 4 of Title 6 of the 1996 Code). Amendments noted where applicable.]
A.
Policy. It is the policy of the Village of Woodville 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
boulevard 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.
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 premises 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 the sidewalk. Where there is no sidewalk, the area four feet from
the curbline shall be deemed to be a boulevard area for the purpose
of this chapter. Where there are only sidewalks, the area four feet
from the curb shall be deemed to be a boulevard area under this chapter.[1]
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.
The person or Village employee designated by the Village
Board as authorized to carry out the provisions of this chapter.
Trimming a tree beyond necessary trimming to comply with
this chapter.
Person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased by the Village except the boulevard areas.
Any tree or 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; or endangers the life, health, safety or welfare
of persons or property.
Any tree 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 area.[2]
All trees and shrubs located or to be planted in or upon
public areas.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground 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.
A.
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.
A.
Findings. The Village Board has determined that there are many trees
growing on public and private premises 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 premises
and erode the tax base of the Village and that the health and life
of such trees are threatened by fatal diseases.[1]
B.
PUBLIC PROPERTY
Definitions. As used in this section, unless otherwise clearly indicated
by the context, the following terms shall have the meanings indicated:[2]
Property owned or controlled by the Village, including, without
limitation because of enumeration, public sites, parks, playgrounds,
streets, alleys, sidewalks, boulevards and the strip between the lot
line and the curb or improved portion of any public way.
C.
Inspection.[3]
(1)
The Village Forester shall inspect or cause to be inspected all premises
and places within the Village to determine whether any public nuisance
exists thereon. He shall also inspect or cause the inspection of any
elm tree reported or suspected to be infested with Dutch elm disease
or any elm bark bearing materials reported or suspected to be infested
with elm bark beetles.
(2)
The Forester and his agents or employees shall have authority to
enter upon private premises at reasonable times for the purpose of
carrying out any of the provisions of this section.
D.
Abatement of nuisances; duty of Forester.[4]
(1)
Following authorization by the Village Board, the Forester shall
order, direct, supervise and control the abatement of public nuisances
by spraying, removal, burning or by other means which he determines
to be necessary to prevent as fully as possible the spread of Dutch
elm disease fungus, other deleterious tree diseases or the insect
pests or vectors known to carry such diseases.
(2)
Whenever the Forester after inspection or examination shall determine
that a public nuisance exists on public property in the Village, he
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 Dutch elm disease, other deleterious tree diseases, or the inspect
pests or vectors known to carry such disease fungus.
E.
Spraying.
(1)
Whenever the Forester shall determine that any tree or part thereof
is infected with a deleterious or fatal tree disease or is in a weakened
condition or harbors elm bark beetles, he 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)
In order to facilitate the work and minimize the inconvenience to
the public of any spraying operations conducted under this subsection,
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 sprayed at least 24 hours in advance of spraying. When any residue
or concentrate from municipal spraying 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 premises. 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. The abating of a
public nuisance or spraying trees or elm wood located upon a strip
between the lot line and the curb shall be considered on private property.
B.
Private premises. The cost of abating a public nuisance or spraying
diseased trees located on private premises, 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 spraying 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.
(2)
The Village Clerk-Treasurer shall mail notice of the amount of such
final assessment to each owner of property assessed at his 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.
(3)
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. The Village Board hereby states its determination that the
planting, care and protection of the trees within the Village are
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.
B.
Tree planting program. The Village Forester shall recommend to the
Village Board a program for tree planting, care and protection for
public parks. The Board shall also encourage the planting, care and
protection of trees and shrubs on private premises within the Village.
C.
Cottonwood and box elder trees prohibited. No person shall plant
within the Village of Woodville 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 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. No person shall hereafter plant
any catalpa, Chinese elm, white poplar, weeping willow, evergreen,
lombardy poplar or any fruit or nut tree in or upon any public street,
parkway, boulevard area or other public place within the Village of
Woodville unless he shall first secure written permission from the
Village Forester, who shall not approve any such planting if, in his
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.
(1)
Requirements.
(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. All trees less than 12 feet high
shall be staked. All trees 12 feet or more in height shall be supported
by guy wires in such a way as not to injure the bark. The support
shall be removed after a year.
(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.
(3)
Trees may not be planted in the boulevard area closer than:
(a)
Twenty feet to a utility or streetlighting pole.
(b)
Fifteen feet to a driveway or alley.
(c)
Six feet to a fire hydrant, water stop box or gas shutoff. If
possible, allow more distance than six 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.)
(4)
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.
(5)
The property owner has the responsibility to locate underground utilities
before digging.
(6)
Evergreen trees shall not be planted in a boulevard area.
F.
Unlawfully planted trees. Trees, plants or shrubs planted within
any boulevard area 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 propose 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.
A.
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.
B.
Owners of any property may arrange to have any tree, plant or shrub
sprayed, trimmed or removed by the Village and pay for such service
at the rates established by the Village Board.
C.
Trees and shrubs standing in or upon any boulevard or public area
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 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 he determines 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
10 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.[2]
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 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.
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 premises 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 and/or other Village employees 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.
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)
Permit
any public nuisance to remain on any premises owned or controlled
by him when ordered by the Forester to abate such nuisance.
B.
Excavations. All trees on any parkway 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.
C.
Interference with Forester. No person shall:
(1)
Interfere with or prevent any acts of the Forester or his agents
or employees while they are engaged in the performance of duties imposed
by this section.
(2)
Refuse to permit the Forester or his duly authorized representative
to enter upon his premises at reasonable times to exercise the duties
imposed by this section.
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 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.
