[HISTORY: Adopted by the Village Board of the Village of
Brandon 12-14-1998 as Title 6, Ch. 4, of the 1998 Code. Amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the Village of Brandon 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 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
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.
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. Where there is no sidewalk, the area four feet from
the curbline shall be deemed to be a boulevard for the purpose of
this chapter. "Boulevard" shall have the same meaning as "terrace."
Where there are only sidewalks, the area four feet from the curb shall
be deemed boulevard area under this chapter.
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 if a Village Forester is not appointed.
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 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.
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.
The Village Forester or his/her authorized representative may
enter upon private premises at all reasonable times for the purpose
of examining any tree or shrub located upon or over such premises
and carrying out any of the provisions of this chapter.[1]
A.
Dutch elm and other tree diseases a public nuisance. 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 such as Dutch elm disease, which is spread by the
elm bark beetles Scolytus multistriatus (Eichb) or Hylurgopinus rufipes
(Marsh). 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 disease and specifically declares Dutch elm disease
and the elm bark beetles which carry such disease to be public nuisances.
B.
PERSON
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
PUBLIC PROPERTY
Definitions. As used in this section, unless otherwise clearly indicated
by the context, the following terms shall have the meanings indicated:
Person, firm or corporation.
Fatal or deleterious tree diseases.
Elm bark beetles Scolytus multistriatus (Eichb) or Hylurgopinus
rufipes (Marsh); Dutch elm disease.
Any living or standing elm tree or part thereof infected with
the Dutch elm disease fungus or in a weakened condition which harbors
any of the elm bark beetles, Scolytus multistriatus (Eichb) or Hylurgopinus
rufipes (Marsh).
Any dead elm tree or part thereof, including logs, branches,
stumps, firewood or other elm material from which the bark has not
been removed and burned or sprayed with an effective elm bark beetle
destroying concentrate.
Any other deleterious or fatal tree disease.
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 terrace strip between the 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
and alleys; the terrace strip between the lot line and the curb or
improved portion of any public way, although in public ownership,
shall be considered private property for purposes of this section.
C.
Inspection.
(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/she shall also inspect or cause the inspection
of any elm tree reported or suspected to be infested with the Dutch
elm disease or any elm bark bearing materials reported or suspected
to be infested with elm bark beetles.
(2)
Whenever necessary to determine the existence of Dutch elm disease
or elm bark beetles in any tree, the person inspecting such tree shall
remove or cut specimens from the tree in such manner as to avoid fatal
injury thereto and deliver such specimens to the Forester who shall
forward them to the Wisconsin Department of Agriculture, Trade and
Consumer Protection at Madison for analysis to determine the presence
of such nuisances.[1]
(3)
The Forester and his/her 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.
(1)
Following authorization by the Village Board, the Forester shall
order, direct, supervise and control the abatement of public nuisances
as defined in this section by spraying, removal, burning or by other
means which he/she 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 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 Dutch elm disease, other deleterious
tree diseases, or the inspect pests or vectors known to carry such
disease fungus.
(3)
Private premises.
(a)
When the Forester shall determine with reasonable certainty
that a public nuisance exists upon private premises, the Forester
shall immediately serve or cause to be served personally or by 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 seven 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.
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, 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)
In order to facilitate the work and minimize the inconvenience to
the public of any spraying 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 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,
spraying any elm tree, or treating any tree disease, 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, spraying elm trees
or elm wood, or treating any tree disease located upon a terrace strip
between the lot line and the curb (terrace area) shall be considered
a project on private property for purposes of assessment to the adjacent
property owner.
B.
Private property. 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 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 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.
(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; permit.
(1)
Generally. The Village Board hereby states its determination that
the planting, care and protection of the trees within the Village
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, except upon order of the Village Forester,
shall plant, transplant, move, spray, brace, trim, prune, cut above
or below ground, disturb, alter or do surgery on 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 planting 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, and characteristics and physiological
needs of the species or variety of tree or shrub, he/she shall issue
a permit to the applicant upon presentation of the receipt of the
Village Clerk showing payment of the required fee. As a condition
of granting any permit to remove the 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 permit.
(5)
Form, expiration and inspection. Every permit shall be issued by
the Village Forester on forms prepared by him/her and 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.
(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.[2]
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 Brandon any female tree of the species Populus
deitoides, 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
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, silver maple, or any fruit
or nut tree in or upon any public street, parkway, terrace or other
public place within the Village of Brandon 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)
Street 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. 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.
(2)
Where required, curbs and sidewalks must be installed prior to street
tree planting. Distance between the face of the curb and the outer
edge of the sidewalk must be at least four feet. Trees must be planted
halfway between the sidewalk and curb unless underground utilities
prevent such planting. No tree shall be planted closer than two feet
to the curb.
(3)
Trees may not be planted in the terrace 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.
F.
Unlawfully planted trees. Trees, plants or shrubs planted within
any terrace 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.
I.
Planting of trees under overhead electric wires.
A.
Prior to major trimming activity involving a public tree, the permit requirements of § 421-6A shall be complied with by private parties. Any person growing a tree, plant or shrub on any private property abutting on public streets or public places shall:
(1)
Trim it 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.
(3)
Remove and refrain from planting any tree, plant or shrub designated
by the Wisconsin Department of Agriculture, Trade and Consumer Protection
and published in its regulations to be a host or carrier of a dangerous
plant disease or insect pest.
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; in the alternative,
the Village Forester may order such trimming done by the Village or
its agents and have the cost thereof specially assessed against the
property as a special charge pursuant to § 66.0627, Wis.
Stats.
C.
Trees and shrubs standing in or upon any boulevard, 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 section
for newly planted trees if he/she 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
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 seven 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.
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 the 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 permits
from the Village Forester in the case of a terrace-area tree, public
tree or shrub, perform or cause to be performed by others any of the
following acts:
(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.
B.
Excavations. All trees on any parkway or other publicly owned property
near any excavation or construction of any building or 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/her agents
or employees while they are engaged in the performance of duties imposed
by this chapter.
(2)
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.
(3)
Permit any public nuisance to remain on any premises owned or controlled
by him 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 5 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.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and
incorporated herein by reference.