[Adopted by the City Council of the City of Lake Mills 12-15-2009 by Ord. No. 1054 as 7-19-1994 by Ord. No. 665B (Title 7, Ch. 3, of the 2009 Code of Ordinances). Amendments
noted where applicable.]
A.
Purpose. It is the purpose of this chapter to promote and protect
the safety, health, and welfare of the general public through the
regulation of planting, maintenance, and removal of trees, shrubs,
and other plants within the City of Lake Mills.
B.
Applicability. This chapter provides the full power and authority
over all trees, shrubs, and plants located within street rights-of-way,
parks, and public places of the City; and to trees, shrubs, and plants
located on private property that constitute a hazard or threat described
herein.
A.
Facilities and Grounds Director. The Facilities and Grounds Director
shall be designated as the City Forester and shall have the power
and duties as follows:
[Amended 8-3-2021 by Ord. No. 1226]
(1)
Direct, manage, supervise, and control the City street tree program
to include all planting, removal, maintenance, and protection of all
trees and shrubs on public areas.
(2)
Follow and update monthly the City of Lake Mills Street Tree Management
Plan and Street Tree Master Plan.
(3)
Promote plant health care of all trees and shrubs within the City
so as to prevent the spread of disease or pests and to eliminate dangerous
conditions that may affect the life, health, or safety of persons
or property.
(4)
Enforce rules, regulations and specifications of this chapter.
(5)
Such powers and duties as are provided by ordinance of the City,
and as directed by the City Council.
B.
Parks Board. The City of Lake Mills Parks Board shall be an advisory
body to the City Council and make recommendations concerning planting,
maintenance, and removal of trees, shrubs, and other plants for all
parks and parklands within the City of Lake Mills.
As used in this chapter, the following terms shall have the
meanings indicated:
Those lands that divide a traveled roadway.
Those trees with part of the main trunk existing along the
dividing line between public and private properties.
Trees in public parks or any area to which the public has
free access as a park.
Lands owned by private citizens, firms or corporations within
the City limits of Lake Mills.
Any lands owned by the City and used by the public, including
parks, playgrounds, parking lots and any and all other public lands
not used for vehicular traffic.
Trees on public rights-of-way between the curb and property
line along side of streets or medians of all streets, avenues or ways
within the City.
That portion of the street right-of-way lying between the
sidewalk and back of curb. Where no sidewalk and/or curbing exist,
the terrace shall be field-determined.
Any woody single-stem perennial plant (including root system)
with a callipered trunk of no less than one inch measured one foot
above the root collar.
[Amended 10-19-2010 by Ord. No. 1069]
A.
Permits required. No person shall trim, fell, plant, spray, remove
or affect any tree, including root system, in any boulevard, street,
or public place without first obtaining permission from the City Forester.
B.
Insurance required. Persons given such permission or their contractors
and persons hired as agents of the City for purposes of tree trimming,
felling, or removal must provide proof of public liability insurance
with a company authorized to do business in the State of Wisconsin.
Such policy shall be written in accordance with a standard form now
in general use and contain liability limits acceptable to the City
Forester.
A.
Planting.
(1)
The City Forester shall develop and maintain a list of desirable
trees for planting in terrace areas in three size classes: small (15
feet to 30 feet), medium (30 feet to 45 feet), and large (45 feet
to 70 feet). All plantings shall be in accordance with the Street
Tree Master Plan, with variances approved by the City Forester. A
species list of trees not suitable for planting also shall be developed
and maintained.
(2)
No person shall plant any tree, shrub, or other plant in any City
tree lawn, boulevard, or public place without the permission of the
City Forester. All such permitted plantings shall be with the following
regulations:
(a)
Spacing. The spacing of trees shall be not less than 40 feet,
except in special plantings designed or approved by the City Forester.
(b)
Utilities. No street trees other than those species listed herein
as small trees may be planted under or within 20 lateral feet of any
overhead utility wire, or within three lateral feet of any underground
water line, sewer line, transmission line or other utility, and five
feet from any stop box.
(c)
All planting sites shall be at least 35 feet away from street
corners, at least 10 feet away from fire hydrants, driveways, utility
poles and 20 feet from streetlights.
(d)
Distance from curb and sidewalk. The required distance that
trees shall be planted from curb and sidewalk shall be in accordance
with the three size classes listed in this chapter, and no trees shall
be planted closer to any curb and sidewalk than the following: small
trees, two feet; medium trees, three feet; and large trees, four feet.
(e)
The spacing of all consecutively planted oak trees of all species
shall be a minimum of 50 feet to help prevent oak wilt spread.
B.
Trimming.
(1)
All trimming and pruning of City trees shall be conducted in accordance
with the accepted standards of the National Arborist Association or
the International Society of Arboriculture and according to the following
guidelines:
(a)
Clean smooth cuts are to be made so as not to disturb or cut
into the branch collar or branch bark ridge.
(b)
Dead branches are to be cut back to sound, healthy wood and
with no interruption of the present callus tissue.
(c)
City street and park trees shall be trimmed and removed accordingly
to maintain public safety.
(d)
City street trees shall be placed on a routine trimming cycle
of three years for young trees (less than 12 inches diameter at breast
height) and six years for older trees (greater than 12 inches at breast
height), unless safety consideration, as determined by the City Forester,
requires additional trimming.
(e)
On an annual basis, the City Forester shall review and make
any necessary modifications to a trimming area map that indicates
areas and years for trimming operations of street and/or park trees.
Said map shall be kept on file at the office of the City Forester.
[Amended 10-19-2010 by Ord. No. 1069]
(2)
It shall be an unlawful practice for any individual to top any 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. Exceptions may be allowed for situations due to
storm damage, the location of electric lines, or when such trimming
is the only reasonable method for saving the tree.
[Amended 10-19-2010 by Ord. No. 1069]
(3)
Abutting property owners may conduct minor trimming of street trees
in order to maintain safe passage on public sidewalks and streets.
A.
Tree removal. No person shall remove or cause to be removed any tree
or shrub existing in or upon any terrace or public place without a
permit from the City Forester.
B.
Wood disposal. Any wood from trees growing on City property, including
tree lawns, which are designated by the City Forester to be cut and
removed, shall be the property of the City and shall be disposed of
appropriately or stacked and stored for the purpose of resale to the
highest bidder.
[Amended 10-19-2010 by Ord. No. 1069]
C.
The City Forester shall follow the procedures in this section with
regards to tree removals from any public property, except Tyranena
Park:
[Amended 4-7-1998 by Ord.
No. 803B; 10-19-2010 by Ord. No. 1069]
(1)
Develop a list of trees that require removal due to disease, poor
health, or safety reasons.
(2)
Inform the adjacent property owner in writing of each tree identified
for removal and provide the property owner a minimum of seven days
to respond to the City Forester concerning the potential tree removal.
(3)
Consider the comments of the adjacent property owner before proceeding
with the tree removal.
(4)
The provisions of this section do not apply to any public tree that,
in the opinion of the City Forester, is an imminent safety risk to
public property, private property, or the personal safety of any individual.
D.
The City Forester shall not remove any trees in Tyranena Park unless
such trees are an impending safety hazard to park patrons utilizing
the existing walking trails or other man-made facilities of the park
or the City Forester deems trees are/may cause biological or structural
harm to existing, healthy trees.
[Amended 4-7-1998 by Ord.
No. 803B]
A.
Private trees. Trees standing on any private land adjacent to a public thoroughfare shall be trimmed and kept trimmed by the owner of such tree to the specifications set forth in this chapter. The owner of such tree shall remove all dead, diseased or dangerous trees or limbs that constitute a menace to the health and safety of other plants and the general public. The City reserves the right to trim any tree interfering with the public thoroughfare as part of its enforcement of any public nuisance under the provisions in Chapter 479, Nuisances, of this Code.
[Amended 10-19-2010 by Ord. No. 1069]
B.
Inspection authority.
(1)
The City Forester, designated representatives, or both, are charged
with duties involving the inspection of real and personal property.
They shall ask the landowner for permission to enter private property
prior to inspection of trees, shrubs, wood pieces or wood debris located
on any private property.
(2)
A written record shall be made of each request for permission to
enter private property to include the date, the property to be entered,
the landowner's name, the individual asked for permission, if different
from the landowner, and the response to the request. These records
shall be maintained for a minimum period of three years.
(3)
Should the landowner deny permission to enter the property for inspection
purposes, a special inspection warrant shall be applied for and executed
according to Wis. Stats. § 66.0119.
[Amended 10-19-2010 by Ord. No. 1069]
C.
Abatement. If the City Forester shall find any private or public
premises infested with injurious insects or plant disease, or if any
tree, shrub or plant upon private premises endangers the public, interferes
with the clearances as outlined in this chapter, or is injurious to
any public utility, he/she shall provide the owner or person having
charge of such premises a minimum two-week notice that removal is
under consideration on a specific date, time and place which is at
least two weeks in the future. The City Forester shall listen to comments
from the landowner and then proceed as the Forester deems best. Should
this order not be complied with, the City Forester shall cause the
work to be done and all costs involved shall be charged against the
property as a special assessment. No damages shall be awarded to the
owner for the destruction of trees pursuant to this chapter.
A.
Public nuisance declared. The City Council of the City of Lake Mills,
having determined that the health of the oak trees within the City
of Lake Mills is threatened by a fatal disease known as oak wilt (Ceratocystis
fagacearum), hereby declares the following to be a nuisance:
B.
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection A of this section to remain on any premises owned or controlled by them within the City of Lake Mills.
C.
Inspection. The City Forester shall inspect or cause to be inspected all oak trees and parts thereof within the City to determine whether any public nuisances as defined in Subsection A of this section exists.
D.
Abatement of nuisance. If the City Forester, upon inspection or examination in person or by some qualified person acting for them, shall determine that any public nuisance as herein defined exists in or upon private or public premises within the City of Lake Mills, and that the danger to other oak trees within the City is imminent, he/she shall immediately serve upon the owner of such property, or by public notice if the owner cannot be found, or upon the occupant thereof a written notice to take any and all actions necessary to abate said nuisance or to protect other oak trees from such nuisance within 14 days of serving said notice. Appropriate abatement or protection measures shall be defined in said notice. If such owner or occupant does not comply with said notice within the time provided, the City Forester shall cause the work to be done and all cost involved charged against the property as a special assessment as per § 594-7. No damages shall be awarded to the owner for the destruction of any tree pursuant to this section.
E.
Disposal of wood/debris. Proper disposal procedures of wood, bark
and debris from said nuisance shall be detailed in said notice. These
disposal procedures shall be followed within the time provided in
the notice.
F.
Important: removal or pruning of oak trees prohibited. No person,
firm or corporation shall remove, trim, prune or cause fresh wounds
to any oak tree or portion thereof, including roots, within the City
of Lake Mills between April 15 and October 15 without first securing
the written permission of the City Forester. If wounding is unavoidable
during this period, such as in the aftermath of a storm or for safety
reasons, as determined by the City Forester, a wound dressing shall
be applied as approved by the City Forester.
A.
All plantings in public places shall be in accordance with § 594-5, Planting and trimming. Species composition and location shall be determined by the City Forester, with a primary objective towards more native species whenever possible. Streets and blocks in a new subdivision within the City of Lake Mills shall have plantings of the same species composition or of similar shape and color, as determined by the City Forester.
B.
In previously planted streets and blocks, new plantings shall first be determined by § 594-5, then by site and soil conditions, then by native species and then by species that will match similar shapes and sizes of current or preferred population. New subdivision and annexed property street tree composition shall be determined by the City Forester. Future species variations shall be determined by the City Forester.
C.
New plantings along Main Street shall be restricted until other infrastructure
improvements are planned and work is completed.
[Amended 10-19-2010 by Ord. No. 1069]
D.
When the genus reaches or exceeds 20% of population or the species
reaches or exceeds 10% of population, such tree shall be considered
a restricted planting, due to the high number of individual trees
in the population.
E.
A map of species to be planted or already established shall be developed
and maintained. The City Forester shall change this map as circumstances
dictate.
F.
Plantings along Main, Madison, East Lake and Mulberry Streets shall
be restricted to salt-tolerant species due to higher salting of major
streets in the winter. As the City expands and other major streets
develop, the same policy shall apply to those streets so designated.
G.
Listings of approved, restricted, and prohibited species of trees
for street tree planting in the City of Lake Mills shall be maintained
by the City Forester. Annual purchases of trees for planting on City
property shall be made in accordance with said listings and this chapter
and with the goal of obtaining the healthiest trees for the most reasonable
value. All vendors of trees shall be prequalified by the Forester
as to growing and handling conditions. Price lists from all vendors
of trees shall be obtained by the Forester prior to purchase decisions
being made by the City Forester. The City Forester may approve any
other tree species not on the listing of approved, restricted and
prohibited species, at his/her discretion, and may add or delete any
species listed.
[Amended 10-19-2010 by Ord. No. 1069]
H.
Street trees shall be part of the infrastructure within the City
of Lake Mills. Whenever a new street is constructed or an existing
street upgraded, terrace trees shall automatically be required and
designed in unless found to be unfeasible by the City Forester. Planting
sites shall be properly prepared, as determined by the City Forester,
and soil compaction in the terrace shall be eliminated or corrected
before planting; for example, storing heavy equipment or heavy materials
on the terrace would cause unacceptable soil compaction.
(1)
Species determination shall be in accordance to the Street Tree Master
Plan for Lake Mills.
(2)
All street tree plantings shall meet the requirements as determined
by the City Forester.
(3)
Number of trees shall be determined by the following:
|
Total running foot of street frontage in subdivision
or along property
40 (spacing, see § 594-5)
|
(a)
The cost of trees and plantings for all newly mapped or platted
subdivisions, commercial, business or industrial development shall
be assessed as a special charge to be paid by the subdivider or developer.
The special charge shall be computed as follows:
|
a/b x c
d
|
|
Where:
| ||||
|
a
|
=
|
total running feet of street frontage in subdivision or along
property
| ||
|
b
|
=
|
40 (feet-spacing)
| ||
|
c
|
=
|
$180 (average cost per tree, including planting and maintenance)
[Amended 10-19-2010 by Ord. No. 1069] | ||
|
d
|
=
|
0.80 (survival rate, average taken in plantings in Lake Mills)
| ||
(b)
Factor "c" shall be increased annually by an amount equal to
the increase in the Consumer Price Index from the previous calendar
year.
(4)
Fees collected shall be used only for planting operations in the
specific subdivision or development for which the special charges
are paid. The City Forester shall plant, maintain and irrigate such
trees at such times and places as the development of the subdivision,
its occupants and other conditions make feasible.
[Amended 10-19-2010 by Ord. No. 1069]
(5)
If a street tree special charge would otherwise be required in connection with a plat or certified survey map first submitted to the City for approval on or after June 14, 2006, then the Subdivider shall agree by developer's agreement to be special assessed for the cost of purchasing, planting and then maintaining street trees for a period of 12 months after planting, and in the event that the trees are, in the opinion of the Forester, not healthy or they do not survive the initial twelve-month period after planting, then the trees may be removed and replanted, and those additional costs may then be special assessed to the Subdivider. In the alternative, the subdivider may agree to be subject to the special charges for street trees based on the formula set forth in Subsection H.
[Amended 10-19-2010 by Ord. No. 1069]
A.
Any person who shall violate any provision of this chapter or any
rules and regulations adopted hereunder shall be subject to a penalty
as provided in § 1-19of this Code. Each violation and each
day on which a violation occurs or continues shall constitute a separate
offense. This section shall not preclude the City from maintaining
any appropriate action to prevent or remove a violation of this chapter.
B.
The City Forester shall have the power to promulgate and enforce
the rules, regulations and specifications of this chapter and may
serve notice on any person in violation thereof or institute legal
proceedings as may be required, and the City Attorney is hereby authorized
to institute appropriate proceedings to that end.
[Amended 10-19-2010 by Ord. No. 1069]
A person who receives an order from the City Forester and objects
to all or a part thereof may seek review using the administrative
review procedures in § 16-1of this Code.
