[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-30-1994 as Title 4, Ch.
5, of the 1994 Code. Amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the Village 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.
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 meaning:
A triangle formed by the curblines of two intersecting rights-of-way
and a third line connecting a full-view zone at corners of streets,
alleys and highways.
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; infected with a plant
disease; infested with injurious insects or pests; injurious to public
improvements or endangers the life, health, safety or welfare of persons
or property.
"Dutch elm disease," defined as follows:
Any living or standing elm tree or part thereof infected with
Dutch elm disease fungus Ceratocyslis ulmi (Buisman) or which harbors
any of the elm bark beetle Scolytus multistriatus (Eich.) or Hyurgopinus
rufipes (Marsh.).
Any dead elm or part thereof, including logs, branches, stumps,
firewood or other elm material not buried, burned or from which the
bark has not been removed.
All trees and shrubs located or to be planted in or upon
public areas.
Any woody vegetation or a woody land having multiple stems
and bearing foliage from the ground up.
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 "terrace" for the purpose of
this chapter. Where there is no curb, the area from the property line
to the traveled portion of the road shall be deemed to be a "terrace
area."
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 of Coloma, Wisconsin.
The Director of Public Works.[1]
A.
The Village Forester shall be the Director of Public Works.
B.
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.
No person shall interfere with the Village Forester or his/her
authorized representative while they are engaged in carrying out any
work or activities authorized by this chapter.
A.
Whenever the Village Forester shall find with reasonable certainty
on examination or inspection that any public nuisance as defined herein
exists within the Village, he/she shall cause it to be sprayed, removed,
burned or otherwise abated in such manner as to destroy or prevent
as fully as possible the spread of Dutch Elm disease fungus or the
insect pests or vectors known to carry such disease.
B.
Before abating any nuisance on private premises or in any terrace
strip between the lot line and the curb, the Village Forester shall
proceed as follows:
(1)
If the Village Forester determines that danger to other elm trees
within the Village is imminent, he/she shall notify the owner or abutting
owner of the property on which such nuisance is found, in writing,
if he/she can be found, otherwise by publication in a newspaper of
general circulation in the Village, that the nuisance must be abated
as directed in the notice within a specified time, which shall not
be less than 30 days from the date of such notice unless the Village
Forester finds that immediate action is necessary to prevent the spread
of infection.
C.
No damage shall be awarded to the owner for destruction of any elm
tree, elm wood, elm material or any part thereof pursuant to this
chapter.
A.
Permit required. No person, except upon order of the Village Forester,
shall plant or remove or do major alterations as determined by the
Village Forester on a tree or shrub in the public right-of-way terrace
area or any public area or cause such act to be done by others without
first obtaining a written permit for such work from the Clerk/Treasurer
as herein provided.
B.
Permit exemptions. No permit shall be required to cultivate, fertilize
or water trees or shrubs. No permit is necessary to plant trees inside
the property line.
C.
Permit requirements 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 purposes of this chapter
taking into account the safety, health and welfare of the public,
location of utilities, public sidewalk, driveways and streetlights,
general character of the area in which the tree or shrub is located
or proposed to be located, type of soil, characteristics and physiological
need of the genus, species and variety of tree or shrub, he/she shall
have the Clerk/Treasurer issue a permit to the applicant.
D.
Permit form; expiration and 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 under such permit must be performed in strict accordance
with the terms hereof and the provisions of this chapter. Permits
issued under this section shall expire six months after date of issuance.
There will be no charge for this permit.
E.
Permits to public utilities.
(1)
Whenever a permit 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 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. The
expense of such inspection or supervision shall be charged to the
utility at the usual Village rate.
(2)
A public utility may secure an annual working agreement with the
Village Forester's office which gives the Village Forester the
authorization to supervise and direct work 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 terrace areas and the manner of planting shall be submitted to the Village Forester for approval before commencement of such work as part of the permit application process required in § 424-6.
(2)
There shall be a minimum distance of 16 feet and a recommended distance
of 25 to 50 feet between terrace area trees depending upon the size
of tree and other factors. Terrace trees shall be planted equal distance
between the sidewalk or proposed sidewalk and back of the curb or
proposed back of curb. In terrace areas less than three feet wide,
planting will not be permitted.
(3)
Pine or fir trees shall not be planted in a terrace area.
(4)
It shall be unlawful to plant or maintain shrubbery, ground cover
or other plants within terrace areas whose growth is in excess of
eight inches in height above the top of the nearest curb.
B.
Unlawfully planted trees. Trees, plants or shrubs planted within
any terrace or planting easement without the authorization and approval
of the Village Forester may be removed. The Village 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.
C.
Cottonwood and Box elder trees prohibited. No person shall plant
within the Village of Coloma any tree of the species Populus deltoides,
commonly called the "cottonwood" or any tree commonly called the "seed-bearing
Box elder" or "Acer negundo," which may now or hereafter become infested
with Box elder bugs, and such trees are hereby declared a nuisance.
Any person having any such trees on his/her 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 Forester shall cause the removal of such tree and report
the full cost thereof to the 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, Lombardy poplar or any fruit
or nut tree in or upon any public street, parkway, boulevard or other
public place within the Village of Coloma unless he/she shall first
secure written permission from the Village Forester, who shall not
approve any such planting if, in the opinion of the Village Forester,
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.
A.
The entire cost of abating any public nuisance as defined herein
shall be charged to and assessed against the parcel or lot abutting
on the street, alley, boulevard or parkway upon or in which such tree
is located or the parcel or lot upon which such tree stands in accordance
with § 66.0627 or 27.09, Wis. Stats. The cost of abating
any such nuisance or part thereof which is located in or upon any
park or public grounds shall be borne by the Village.[1]
B.
A special tax may be levied against property for the cutting down
and removing therefrom any elm tree infected with Dutch Elm disease.
The special tax may be paid in yearly installments not exceeding four
yearly installments if the property owner requests in writing the
privilege of paying the special tax in installments. Interest on the
deferred payments shall be at the rate of 10% on the unpaid balance.
A.
Trees and shrubs standing in or upon any terrace area, 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.
B.
The necessity of pruning may be determined by the Village Forester.
C.
Clearance from sidewalk or other public place to lower branches shall
not be less than 10 feet.
D.
All cuts above one-inch diameter shall be treated with a tree wound
compound.
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 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 shall notify the property owner
in writing, describing the conditions, stating the steps necessary
to correct the conditions and establishing a reasonable time within
which the corrective steps shall be taken. In the event that effective
steps are not taken within the time specified, it shall be lawful
for the Village to abate these conditions to the extent necessary
to assure compliance with the foregoing requirements, and the costs
thereof shall be assessed to the owner.
Dangerous and obstructive trees. If any tree standing in a terrace or on any private property and overhanging or projecting into a terrace or street appears to be dead, liable to fall or dangerous, or an obstruction to public travel, the Village Forester shall notify the property owners to take corrective action within a specified period. In the event that no action is taken, the Village Forester shall, subject to § 424-13, cause such tree, or part thereof, to be cut down or trimmed and, if it is in any public terrace, to be removed therefrom. The costs of such work performed on trees on private property shall be assessed against the owner thereof.
The entire cost of planting, removal, Dutch elm disease treatment
or removal, maintenance and protection of trees and shrubs on all
terrace areas in the Village shall be borne by the abutting property
owner or as determined by the Village Board.
A.
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,
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 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 "no parking" 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.
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.
Any person who receives a determination or order 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
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 and files its written decision with the
Clerk/Treasurer.
Section 86.03, Wis. Stats., is hereby adopted and incorporated
herein by reference.
