[HISTORY: Adopted by the Village Board of the Village of
Clayton 3-1-2010 by Ord. No. 2010-01. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Trees, shrubs, bushes, and all other woody vegetation in
public parks having individual names and all areas owned by the Village
or to which the public has free access as a park.
Trees, shrubs, bushes, and all other woody vegetation on
land lying within any public right-of-way of all streets, avenues,
or any other public ways located in the Village.
A.
Creation
and establishment. There is hereby created and established a Village
Tree Board for the Village of Clayton, Wisconsin, which shall consist
of five members, citizens and residents of this Village, who shall
be appointed by the Village President with the approval of the Village
Board.
B.
Term of
office. The term of the five persons to be appointed by the Village
President shall be three years, except that the term of two of the
members appointed to the first Board shall be for only one year, and
the term of two members of the first Board shall be for two years.
In the event that a vacancy shall occur during the term of any member,
his successor shall be appointed for the unexpired portion of the
term.
C.
Compensation.
Members of the Board shall serve without compensation.
D.
Duties
and responsibilities. It shall be the responsibility of the Board
to study, investigate, counsel, and develop and/or update annually
and administer a written plan for the care, preservation, pruning,
planting, replanting, removal or disposition of trees and shrubs in
parks, along streets, and in other public areas. Such plan will be
presented annually to the Village Board and, upon its acceptance and
approval, shall constitute the Official Comprehensive Village Tree
Plan for the Village of Clayton, Wisconsin. The Board, when requested
by the Village Board, shall consider, investigate, make findings,
report and recommend upon any special matter or question coming within
the scope of its work.
E.
Operation.
The Board shall choose its own officers, make its own rules and regulations
and keep a journal of its proceedings. A majority of the members shall
be a quorum for the transaction of business.
The following list constitutes the official street tree species
for the Village of Clayton, Wisconsin. No species other than those
included in this list may be planted as street trees without written
permission of the Village Tree Board.
A.
Small trees: flowering crabapple, carpinus caroliniana (blue beech),
golden rain tree, hawthorne, ironwood, sorbus decora, Japanese lilac,
purple leaf plum, serviceberry.
B.
Medium trees: linden or basswood, ginnala, tatarian maple, red oak,
Japanese pagoda tree, and river birch.
C.
Large trees: Kentucky coffeetree, silver maple, sugar maple, bur
oak, free manii maple (autumn blaze), elm, northern pin oak, hackberry,
thornless honey locust, cottonwood (cottonless male).
The spacing of street trees will be in accordance with the three
species size classes listed in § 463-3 of this chapter,
and no trees may be planted closer together than the following: small
trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except
in special plantings designed or approved by a landscape architect.
The distance trees may be planted from curbs or curblines and
sidewalks will be in accordance with the three species size classes
listed in § 463-3 of this chapter, and no trees may be planted
closer to any curb or sidewalk than the following: small trees, two
feet; medium trees, three feet; and large trees, four feet.
No street tree shall be planted closer than 35 feet to any street
corner, measured from the point of nearest intersecting curbs or curblines.
No street tree shall be planted closer than 10 feet to any fireplug.
No street trees other than those species listed as small trees
in § 463-3 of this chapter may be planted under or within
10 lateral feet of any overhead utility wire or over or within five
lateral feet of any underground waterline, sewer line, transmission
line or other utility.
A.
The Village shall have the right to plant, prune, maintain and remove
trees, plants, and shrubs within the lines of all streets, alleys,
avenues, lanes, squares, and public grounds as may be necessary to
insure public safety or to preserve or enhance the symmetry and beauty
of such public grounds.
B.
The Village Tree Board may remove or cause or order to be removed
any tree or part thereof which is in an unsafe condition or which,
by reason of its nature, is injurious to sewers, electric power lines,
gaslines, waterlines, or other public improvements, or is affected
with any injurious fungus, insect or other pest. This section does
not prohibit the planting of street trees by adjacent property owners,
providing that the selection and location of said trees is in accordance
with §§ 463-3 through 463-7 of this chapter.
It shall be unlawful as a normal practice for any person, firm,
or Village department to top any street tree, park tree, or other
tree on public property. "Topping" is defined as the severe cutting
back of limbs to stubs larger than three inches in diameter within
the tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree. Trees severely damaged by storms or
other causes or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this chapter at the determination of the Tree Board.
Every owner of any tree overhanging any street or right-of-way
within the Village shall prune the branches so that such branches
shall not obstruct the light from any street lamp or obstruct the
view of any street intersection and so that there shall be a clear
space of eight feet above the surface of the street or sidewalk. Said
owners shall remove all dead, diseased, or dangerous trees or broken
or decayed limbs which constitute a menace to the safety of the public.
The Village shall have the right to prune 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 visibility of any
traffic control device or sign.
The Village shall have the right to cause the removal of any
dead or diseased trees on private property within the Village when
such trees constitute a hazard to life and property or harbor insects
or disease which constitutes a potential threat to other trees within
the Village. The Village Tree Board will notify in writing the owners
of such trees. Removal shall be done by said owners at their own expense
within 60 days after the date of service of notice. In the event of
failure of owners to comply with such provisions, the Village shall
have the authority to remove such trees and charge the cost of removal
on the owner's property tax bill.
All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere
with the Village Tree Board or any of its agents while engaging in
and about the planting, cultivating, mulching, pruning, spraying,
or removing of any street trees, park trees, or trees on private grounds
as authorized in this chapter.
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating, or removing street or
park trees within the Village without first applying for and procuring
a license. The license fee shall be established from time to time
by the Village Board; provided, however, that no license shall be
required of any public service company or Village employee doing such
work in the pursuit of their public service endeavors. Before any
license shall be issued, each applicant shall first file evidence
of possession of liability insurance in the minimum amounts of $250,000
for bodily injury and $500,000 for property damage indemnifying the
Village or any person injured for damages resulting from the pursuit
of such endeavors as herein described.
The Village Board shall have the right to review the conduct,
acts and decisions of the Village Tree Board. Any person may appeal
from any ruling or order of the Village Tree Board to the Village
Board, which may hear the matter and make final decision.
Any person violating any provision of this chapter shall be,
upon conviction or a plea of guilty, subject to forfeiture not to
exceed $100.
