[HISTORY: Adopted by the Village Board of the Village of
Stratford 4-12-1988 as Title 4, Ch. 4 of the 1988 Code. Amendments noted where applicable.]
A.Â
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.Â
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 the 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 designated by the Village Board as authorized to carry
out the provisions of this chapter. The Village Forester will act
in cooperation with the Tree Advisory Board.
[Amended 10-11-2016]
Trimming a tree beyond necessary trimming to comply with
this chapter.
Trees, shrubs, bushes, and all other wood 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.
[Added 10-11-2016]
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 as determined pursuant to regulations of the
Wisconsin Department of Natural Resources; is infested with injurious
insects or pests; is injurious to public improvements; or endangers
the life, health, safety or welfare of persons or property.
[Amended 1-11-2011]
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.
Trees, shrubs, bushes, and all other woody vegetation on
land lying between property lines on either side of all streets, avenues,
or ways within the Village.
[Added 10-11-2016]
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.
[Added 10-11-2016]
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.
Persons appointed by the Village Board and established herein
as authorized to carry out the provisions of this chapter. The Tree
Advisory Board acts in cooperation with the Village Forester.
[Added 10-11-2016]
A.Â
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.
[Added 10-11-2016]
A.Â
Creation and establishment. There is hereby created and established
a Village Tree Advisory Board for the Village of Stratford, Marathon
County, Wisconsin, which shall consist of five members, citizens and
residents of this Village, who shall annually be appointed by the
Village President, subject to Board confirmation, at the Board's
organizational meeting.
B.Â
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, the successor shall be appointed for the unexpired
portion of the term.
C.Â
Compensation. Members of the board shall receive compensation as defined in § 58-15 of this Code.
D.Â
Duties and responsibilities. It shall be the responsibility of the
Advisory 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 their acceptance
and approval shall constitute the official comprehensive tree plan
for the Village of Stratford. The Advisory Board, when requested by
the Village Board, shall consider, investigate, make finding, report
and recommend upon any special matter of question coming from the
scope of its work.
E.Â
Operation. The Advisory Board shall choose its own officers, make
its own rules and regulations and keep a journal of its proceedings.
A simple majority of the members shall be a quorum for the transaction
of business.
F.Â
Review. The Village Board shall have the right to review the conduct,
acts and decisions of the Village Tree Advisory Board. Any person
may appeal from any ruling or order of the Tree Advisory Board to
the Village Board which may hear the matter and make a final decision.
A.Â
Whereas 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 tree diseases, the Village Board
hereby declares its intention to control and prevent the spread of
such diseases and therefore declares such diseases to be public nuisances.[1]
[1]
Editor's Note: Original Sec. 4-4-5(b), Definitions, which
immediately followed this subsection, was deleted 1-11-2011.
B.Â
Inspection.
(1)Â
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 shall also inspect or cause the inspection of any
tree reported or suspected to be diseased.
[Amended 10-11-2016]
(2)Â
Whenever necessary to determine the existence of a disease 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.
[Amended 1-11-2011; 10-11-2016]
(3)Â
The Forester and his 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.
C.Â
Abatement of nuisances; duty of Forester.
(1)Â
The Forester shall order, direct, supervise and control the abatement
of public nuisances as defined in this section by removal, burning
or by other means which he determines to be necessary to prevent as
fully as possible the spread of deleterious tree diseases or the insect
pests or vectors known to carry such diseases. The decision to use
spraying to abate the nuisance or disease problem shall only be made
by the Village Board.
[Amended 10-11-2016]
(2)Â
Whenever the Forester after inspection or examination shall determine
that a public nuisance as herein defined exists on public areas in
the Village, he 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 insect pests or vectors known to carry such disease fungus.
[Amended 1-11-2011]
(3)Â
Private premises.
(a)Â
When the Forester shall determine with reasonable certainty
that a public nuisance exists upon private premises, he shall immediately
serve or cause to be served personally or by registered mail upon
the owner of such property, if he 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 14 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)Â
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 chapter. The Forester may extend
the time allowed the property owner for abatement work, but not to
exceed 10 additional days.[2]
[2]
Editor’s Note: Former Subsection D, Spraying, which
immediately followed this subsection, was repealed 10-11-2016.
A.Â
The entire cost of abating any public nuisance or spraying trees
as defined herein shall be charged to and assessed against the parcel
or lot abutting on the street, alley, terrace, 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 shall be borne by the Village.
B.Â
The cost of abating a public nuisance or spraying elm trees or elm
wood 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)Â
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)Â
Upon receiving the Forester's report, the Board 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 premises and the work for which such charge
is being made.
(3)Â
After such hearing, the Village Board 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)Â
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)Â
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.
[1]
Editor’s Note: Former § 466-6, Permit for planting,
maintenance and removal of trees and shrubs, was repealed 10-11-2016.
A.Â
Purpose. The Village Board hereby states its determination that the
planting, care and protection of the trees within the Village are
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.
B.Â
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.Â
Planting.
(1)Â
The size and genus, species and variety of trees and shrubs to be
planted in public areas and boulevards and the manner of planting
shall be submitted to the Village Forester for approval before commencement
of such work.
[Amended 10-11-2016]
(2)Â
There shall be a minimum distance of 16 feet and a recommended distance
of 25 feet to 50 feet between terrace area trees depending upon the
size of the trees and other factors. Terrace trees shall be planted
an equal distance between the sidewalk or proposed sidewalk and back
of the curb or proposed back of the curb. In terrace areas less than
three feet wide, planting will not be permitted. Terrace area trees
shall be a minimum of 25 feet from an intersection.
(3)Â
It shall be unlawful to plant any evergreen, willow, boxelder, cottonwood,
or silver maple species in a terrace or boulevard area.
[Amended 10-11-2016]
(4)Â
It shall be unlawful to plant or maintain shrubbery, ground cover
or other plants not considered to be a deciduous leaf tree within
terrace areas whose growth is in excess of eight inches in height
above the top of the nearest curb.
(5)Â
Tree grates shall be provided for terrace trees surrounded by concrete
by the adjacent property owner and shall be level with adjacent concrete.
D.Â
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.
E.Â
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.
A.Â
Trees and shrubs standing in or upon any boulevard or public area
or upon any private premises adjacent to any public right-of-way or
public area 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 determines that they do not interfere
with public travel, obstruct the light of any streetlight or endanger
public safety.
B.Â
The necessity of the pruning may be determined by the Village Forester.
C.Â
Clearance from sidewalk to lower branches shall not be less than
seven vertical 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 vertical 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.
D.Â
Trimming or pruning of more than 2/3 of the crown shall be considered
to be a major alteration and shall require a permit from the Village
Forester.
A.Â
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.Â
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.Â
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 Public Works Department employees shall order 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.Â
Dangerous or obstructive trees. Any tree or part thereof, whether
alive or dead, which the Village Forester shall find to be hazardous
or a nuisance so as to endanger the public or other trees, plants
or shrubs growing within the Village, or to be injurious to sewers,
sidewalks or other public improvements, whether growing upon public
or private premises, shall be removed, trimmed or treated by the owner
of the property upon or adjacent to which such tree or part thereof
is located. The Village Forester shall give written notice to said
owner to remedy the situation which shall be served personally or
posted upon the affected tree. Such notice shall specifically state
the period of time within which the action must be taken, which shall
be within not less than 24 hours nor more than 14 days as determined
by the Village Forester on the basis of the seriousness of the condition
of the tree or danger to the public. If the owner shall fail to remove,
treat or trim said tree within the time limit, the Village Forester
shall cause the tree to be removed, treated or trimmed and shall report
the full cost thereof to the Village Clerk, who shall thereupon assess
an additional administrative fee of 25% and enter such cost as a special
charge against the property.
[Amended 1-11-2011; 10-11-2016]
B.Â
Removal standards. In cutting down trees located in public and terrace
areas, the tree must be removed with the root stump grubbed out or
ground out to a depth of at least nine inches below grade measured
in a straight line with the normal grade of sidewalk to top of curb.
All wood and debris must be removed from the street prior to the end
of each working day, and all holes shall be filled to normal grade
level with topsoil as soon as practicable.
C.Â
Private removal. No person, firm, organization or corporation shall
plant, injure, trim, remove or destroy any tree or shrub located in
or upon any public place until a permit shall have been issued by
the Village Forester. Such permit shall be issued only when the removal,
trimming or cutting of the tree or shrub is necessary, as determined
by the Village Forester, because of disease, damage, hazardous condition
and/or location, or its location is such that substantial detriment
is done to the property upon which the tree or shrub stands or property
abutting the same. Such permit shall expressly state the premises
upon which the tree stands and the location of the tree thereon.
A.Â
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 permit
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:
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Cause or encourage any fire or burning near or around any tree.
(7)Â
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. 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 subsection
at the determination of the Village Forester.
[Added 10-11-2016]
B.Â
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.Â
Interference with Forester and/or Tree Advisory Board. No person
shall:
[Amended 10-11-2016]
(1)Â
Interfere with or prevent any acts of the Forester or his agents
or employees, or the Tree Advisory Board while they are engaged in
the performance of duties imposed by this chapter.
(2)Â
Refuse to permit the Forester or his duly authorized representative,
or a member or members of the Tree Advisory Board to enter upon his
premises at reasonable times to exercise the duties imposed by this
chapter.
D.Â
Refusal to abate nuisance. No person shall permit any public nuisance
to remain on any premises owned or controlled by him when ordered
by the Forester or Tree Advisory Board to abate such nuisance.
[Amended 10-11-2016]
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 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.