[HISTORY: Adopted by the Village Board of the Village of
Belleville 6-7-2010 by Ord. No.
2010-06-03 (Title 6, Ch 4, of the 1994 Code). Amendments
noted where applicable.]
A.
Intent and purpose. The intent of this chapter is to regulate the
trimming, pruning and removal of trees in an effort to preserve the
health and maintain the natural shape of such trees, and to prevent
trimming, pruning and removal that are unnecessarily disfiguring and/or
destructive, and to give property owners an opportunity to contest
proposed tree trimming, pruning and/or removal operations.
B.
Application. The provisions of this chapter shall apply to trees
and shrubs growing or hereafter planted in or upon public areas and
terrace 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.
C.
Exemptions. This chapter is not intended to apply to the planting,
trimming, pruning or removal of trees under the following circumstances:
(1)
When the trees in the public street, alley, highway, or terrace are
encroaching on an abutting property owner's property.
(2)
When the trimming or pruning is being performed by the Village of
Belleville Departments of Public Works or any employee of the Village
of Belleville who works under the direction of the Village Forester
who has established policies and procedures for trimming, pruning
and removal.
(3)
When the trimming or pruning is in relation to routine installation
(e.g., cable television, telephone, etc.), the installer shall not
be required to obtain a permit but must meet the standards in this
chapter and the standards of the Village Forester in performing such
work.
(4)
When the trimming, pruning or removal is by an individual property
owner, the Village Forester retains his or her discretion to issue
individual permits for trimming, pruning or removal in the public
right-of-way when such trimming meets the guidelines and standards
of this chapter and the Village Forester.
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 sidewalk and/or, where there is no sidewalk, the area designated
as public right-of-way as measured from the street center line and
extending as specified by the Village of Belleville for the purpose
of this chapter. "Boulevard" shall have the same meaning as "terrace."
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 designated by the Village Board as authorized
to carry out provisions of this chapter.
The written permission of the Village Forester.
Person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased by the Village except the terrace 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. This definition may also
include dead or dying trees and a tree or limb(s) that obstructs streetlights,
traffic signs, or the free passage of pedestrians or vehicles. "Hazard"
shall have the same meaning as "public nuisance."
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.
The severe cutting back of limbs to stubs within the tree's
crown to such a degree so as to remove normal canopy and disfigure
the tree.
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 minimum area beneath a tree that must be undisturbed
in order to preserve a sufficient root mass to give a tree a reasonable
chance of survival. The tree protection zone will typically be represented
by a concentric circle centering on the tree's trunk.
A collection of trees in and around the Village, including
park and street trees on public property and on private property.
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 Public Works Department by this chapter. The Village
Forester shall be appointed by the Village Board.
B.
The Village of Belleville Public Works Department (hereafter "the
Department") shall have:
(1)
The authority and jurisdiction to plant, prune, maintain, and remove
trees within the rights-of-way of all public streets, terraces, alleys,
avenues, and lanes and on all public properties, parks and tree-planting
easements as may be necessary to ensure public safety or to preserve
or enhance the symmetry and beauty of such public property.
(2)
The right to prune or cause the pruning of any tree or shrub on private
property when it interferes with the proper spread of light along
the street from a streetlight or interferes with the visibility of
any traffic control device or sign or sight triangle at intersections
or interferes with the passage of pedestrians or vehicles in the public
right-of-way.
(3)
The right to treat or cause the treatment of any diseased or infested
trees on private property when such trees constitute a potential threat
to the urban forest.
(4)
The right to remove or cause the removal of any dead, diseased, infested,
or structurally damaged tree, or portion of a tree, on private property
when such tree constitutes a potential hazard to life and property
within the public right-of-way or on public property or constitutes
a threat to the urban forest.
C.
The Village Forester:
(1)
Shall have the authority and jurisdiction of regulating the planting,
maintenance, trimming and removal of trees on public property and,
subject to private property tree and vegetation regulations, to ensure
safety or preserve the aesthetics of such public sites.
(2)
Shall have the authority to review all requests for permits for any
planting, removal, pruning, and/or trimming or cutting of trees on
any public property. The Village Forester shall also have the authority
to grant or deny and to attach reasonable conditions to all permits.
(3)
Has the authority and jurisdiction to review tree planting and landscaping planting plans for building and development projects that have been submitted as required by Chapter 615, Zoning, of this Code. The Village Forester has authority to modify a landscape plan as a condition of approval.
(4)
Shall have the authority and jurisdiction to supervise or inspect
all work done under a permit issued in accordance with the terms of
this chapter.
(5)
May inspect any trees, shrubs, vines, hedges, plants, logs, or branches
existing or growing upon any property within the Village. The Village
Forester may conduct surveys to determine if any destructive or communicable
disease or other pest exists which may be detrimental to or endanger
the good health and well-being of trees or other plant life in the
Village.
(6)
Shall have the authority and jurisdiction to restrict tree maintenance
activities within the Village limits to reduce the spread of infectious
diseases and/or insects.
(7)
Shall enforce such rules, regulations, permit, and penalty procedures
as deemed necessary and may do so by the issuance of municipal citations
to effectuate the intent of this chapter. No person shall unreasonably
hinder, prevent, delay, or interfere with the Village Forester or
his/her agents while engaged in the execution or enforcement of this
chapter.
A.
It shall be unlawful for any person to plant, prune, or remove any
tree (or portion thereof), shrub, or other plant upon any public property
without a permit.
B.
It shall be unlawful for any person to "top" any tree on public property.
C.
Trees on public property shall be protected from damage or removal
by any means unless otherwise authorized by a permit issued by the
Village Forester. Tree crowns and trunks shall not suffer any branch
or bark loss. Roots shall be protected from compaction, storage of
materials, and severing within a circle around the tree with the tree
trunk as the focal point.
(1)
The radius of the tree protection zone (TPZ) shall be determined
by the tree diameter listed in the following table:
|
Tree Diameter 4.5 feet above ground
(inches)
|
Radius of TPZ (tree trunk in center)
(feet)
| |
|---|---|---|
|
0.0 to 4.0
|
2.0
| |
|
4.1 to 9.0
|
5.0
| |
|
9.1 to 14.0
|
10.0
| |
|
14.1 to 19.0
|
12.0
| |
|
19.1 or more
|
15.0
|
(2)
Roots located within the determined circle shall be protected by
such practices as temporary bridges for vehicles or auguring for utility
installation. Any factors that would cause any deviations from the
above table shall be noted on the permit issued for such work and
require notification of the Village Forester.
D.
It shall be unlawful for any individual to place salt, brine, petroleum
products, herbicides, or any other substances in such amount as to
be toxic or injurious to the health, growth, or vitality of any public
tree.
E.
No individual shall be allowed to drive nails, staples or screws
or fasten any rope, wire, electric attachment, sign (including any
bills, advertisements, cards, or notices of any kind) or other devices
to a public tree or to any guard about such tree.
F.
No individual shall deposit, place, store, or maintain upon any public
property any stone, brick, sand, concrete, or other materials which
may impede the free passage of water, air, or fertilizer to the roots
of any tree growing therein, except by written permit of the Village
Forester.
G.
All work performed must be performed in compliance with accepted
arboricultural standards.
A.
The owner of any tree or shrub overhanging any street or public right-of-way
within the Village shall prune the tree or shrub before it interferes
with the proper spread of light along the street from a streetlight
or interferes with visibility of any traffic control device or sign
or sight triangle at intersections or interferes with the passage
of pedestrians or vehicles in the public right-of-way.
(1)
If the owner of the property fails or refuses to take remedial action,
the Village or its agent may perform the remedial action without compensation
to such owner or any person who planted or caused to be planted such
tree or shrub.
(2)
The Village may charge the owners for the expenses incurred.
B.
The Village shall have the right to cause the removal of any tree
or shrub or portion of tree or shrub that constitutes a public nuisance
on private property within the Village. The Village Forester shall
notify the owner of the property that the hazard must be alleviated
or removed within 14 days of the notification.
(1)
If the owner of the property fails or refuses to take remedial action
within the required time period, the Village or its agent shall have
the authority to enter the property and perform the remedial action
without compensation to such owner or any person who planted or caused
to be planted such tree or shrub.
(2)
The Village shall charge the owners for the expense incurred.
[Amended 3-2-2015 by Ord.
No. 2015-03-01]
A.
It shall be the policy of the Village of Belleville to promote and
enhance the beauty and general welfare of the Village through the
planting and maintenance of trees within the public right-of-way of
any street, alley or highway. The Village Forester shall direct, regulate
and control the planting, care and removal of all public trees within
the Village.
B.
Diseased or destroyed street trees shall be replaced by the Village,
provided that adequate space for tree growth is available and subject
to availability of funds. The replacement of diseased or destroyed
trees shall not be assessed to the abutting property owner.
C.
Planting of certain trees restricted. No person shall hereafter plant
any tree listed on the Restricted Tree List upon any public street,
parkway, terrace or other public place within the Village of Belleville.
The Restricted Tree List shall be developed and updated by the Village
Forester on an annual basis. The Village Forester shall cause the
removal of any tree planted in violation of this subsection.
D.
Tree planting requirements. A tree planting permit is required for
each proposed tree to be planted on public property, including terraces.
The permit application must specify the following items for each tree
being planted: size, species and location. Proper planting techniques
and accepted arboricultural standards must be met. The Village Forester
must approve the tree planting permit application prior to issuance
of a tree planting permit. The Village Forester must approve final
installation. The good health of all trees planted hereunder shall
be guaranteed for one year by the property owner.
E.
Trees may not be planted in the terrace closer than:
(1)
Twenty feet to a utility or streetlighting pole.
(2)
Fifteen feet to a driveway or alley.
(3)
Six feet to a fire hydrant, water stop box or gas shutoff. If possible,
allow more distance than six feet.
(4)
Twenty-five feet to another tree.
(5)
Twenty-five feet to the intersection of two streets from either corner
measured on the property line.
F.
The property owner has the responsibility to locate underground utilities
before digging.
G.
Evergreen trees and shrubs shall not be planted in the terrace area.
H.
All work performed must be performed in compliance of accepted arboricultural
standards.
A.
No person shall trim, prune, plant or remove any tree that is in
a public street, alley, highway or terrace, or cause such work to
be done by others, without first obtaining a permit from the Village
Forester. Nothing in this section shall be construed to exempt any
person from the requirements of obtaining any additional permits as
are required by law.
B.
Any person seeking a permit to excavate near, trim, prune, plant
or remove a tree in a public street, alley, highway or terrace shall
submit a written proposed trimming, pruning, planting or removal plan
to the Village Forester setting forth the following:
(1)
Clear and specific identification of the trees in a public street,
alley, highway or terrace which the person is targeting for excavation
near, trimming, pruning, or removal. The identification shall include
the name and block number(s) and address(es) of the street(s) on which
the trees are located.
(2)
A clear and specific statement identifying the dates on which the
excavation, trimming, pruning, or removal will begin and end.
(3)
Detail regarding the general nature and character of the proposed
excavation, trimming, pruning or removal.
C.
The Village Forester has the authority to approve or deny the permit
and assess violations as outlined in this chapter if the work is not
performed in accordance with accepted arboricultural standards.
D.
Public utility companies shall notify the Village Forester in writing
prior to pruning any public tree for the purpose of maintaining safe
line clearance and shall carry out all such work in accordance with
accepted arboricultural standards.
E.
Permit exemptions. No permit shall be required to cultivate, fertilize
or water trees or shrubs. No permit is necessary to plant trees on
private property.
A.
Any person found to disturb the root zone or prune, remove, or cause
the removal or death of any public tree, shrub, or other plant without
a permit shall be subject to a forfeiture of not less than $100 per
incident nor more than the greater of $1,000 or the calculated value
lost according to the latest edition of the Council of Tree and Landscape
Appraisers Guide for Plant Appraisal.
B.
Any person violating any other provision of this chapter shall be
subject to a forfeiture of not less than $25 per incident nor more
than the greater of $1,000 or the calculated value lost according
to the latest edition of the Council of Tree and Landscape Appraisers
Guide for Plant Appraisal.
The Village Forester, with approval of the Village Clerk/Treasurer,
in the case of emergencies, such as windstorms, ice storms, or other
disasters, may waive the requirements of this chapter so that they
in no way shall hinder private or public work to restore order in
the Village.
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 9, 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.
