Village of Fredonia, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Fredonia as Secs. 6-4-1, 6-4-2, 6-4-4 to 6-4-14 of the 1995 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 412.
Subdivision of land — See Ch. 500.
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. 
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.
[Amended 2-6-2014 by Ord. No. 2014-02]
Whenever the following words or terms are used in this chapter, they shall be construed to have the following meanings:
BOULEVARD OR TERRACE AREAS
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 sidewalks, the area four feet from the curb shall be deemed boulevard areas under this chapter. Where there is no curb, the area eight feet from the edge of pavement shall be deemed to be a boulevard.
LARGE TREE
Trees with anticipated height of greater than 40 feet at maturity.
MAJOR ALTERATION
Trimming a tree beyond necessary trimming to comply with this chapter.
MEDIUM TREE
Trees with anticipated height of 20 to 40 feet at maturity.
PARK TREES
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.
PERSON
Person, firm, association or corporation.
PUBLIC AREAS
Includes all public parks and other lands owned, controlled or leased by the Village except the terrace areas.
PUBLIC NUISANCE
Any tree, 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 person or property.
SMALL TREE
Trees with anticipated height of 20 feet or less at maturity.
STREET TREES
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.
[Amended 2-6-2014 by Ord. No. 2014-02]
A. 
Street tree species to be planted. The following list constitutes the official street tree species for the Village. No species other than those included in this list may be planted as street trees without written permission of the Village Tree Board.
(1) 
Small trees.
*Celtis occidentalis - Common Hackberry, Windy City, Prairie Pride
*Gymnocladus dioicus - Kentucky Coffeetree, Prairie Titan, Stately Manor
Apricot
Cherry
Cotinus
Little Leaf Linden
Prunus Sargenti
Redbud
Sambucus
Sargent Cherry
Serviceberry
Witch Hazel
*
These trees are suitable as street trees. Other trees on the list may be planted in other public spaces.
(2) 
Medium trees.
*Acer x freemanii - Autumn Blaze, Celebration, Sienna, Armstrong
*Acer rubrum - Red Sunset, Redpointe
*Acer saccarum - Green Mountain
American Linden
Ginkgo, Male
Ironwood
Japanese Maple
Mountain Ash
Thuja (windbreak)
*
These trees are suitable as street trees. Other trees on the list may be planted in other public spaces.
(3) 
Large trees.
*Quercus bicolor - Swamp White Oak
*Quercus macrocarpa - Bur Oak
*Tilia americana - American Sentry, Boulevard, Legend, Redmond
*Ulmus americana - New Harmony, Princeton
Aesculus octanda
American Beech
American Broadleaf
American Chestnut
American Sycamore
Bitternut
Black Cherry
Black Oak (velatina)
Carga Cordifoimis
Chinese Elm
Hornbeam
Northern Catalpa
Norway Maple
Pecan
Pin Oak
Scarlet Oak
Scotch Pine
Shagbark Hickory (Quercus Coccinea)
Spruce
Sugar Maple
Sweet Buckeye/Coffeetree Kentucky
White Oak (Quereusalba)
*
These trees are suitable as street trees. Other trees on the list may be planted in other public spaces.
B. 
Tree variety.
(1) 
In order to mitigate potential loss of the urban forest due to disease or pest, no more than 20% of trees may come from one "family," no more than 10% from one "genus," and no more than 5% from any single species.
(2) 
The Village will create and update annually a database of street and park trees.
(3) 
All plantings within public property must be approved by the Director of Public Works.
C. 
Spacing. No trees may be planted closer together than the following:
(1) 
Small trees: 30 feet;
(2) 
Medium trees: 40 feet;
(3) 
Large trees: 50 feet (except in special plantings designed or approved by a landscape architect).
D. 
Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Subsection A, and no trees may be planted closer to any curb or sidewalk than the following:
(1) 
Small trees: two feet.
(2) 
Medium trees: three feet.
(3) 
Large trees: four feet.
E. 
Distance from street corners and fire hydrants. No street tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fire hydrant.
F. 
Utilities. No street trees other than those species listed as small trees in Subsection A may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all street, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. 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, gas lines, 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 § 522-3.
It shall be unlawful as a normal practice for any reason, 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.
A. 
Clearance trimming.
(1) 
Trees and shrubs standing in or upon any public right-of-way between the lot line and the curb or ledge of the improved street or upon any private premises adjacent to any public street, right-of-way, park, playground, or place shall be kept trimmed by the owner or owners of the premises upon or in front of which such trees or shrubs are standing so that the lowest branches projecting over the public street or right-of-way provide a clearance of not less than 14 feet and over all other public places of not less than eight feet. The Village Tree Board 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Clearance from sidewalk to lower branches shall not be less than eight 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 eight 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.
B. 
Pruning; corner clearance.
(1) 
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.
(2) 
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 owner shall contact the Village prior to pruning or removing a tree. 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.
[Amended 2-6-2014 by Ord. No. 2014-02]
(3) 
Any shrub, tree or other plant which obstructs the view at an intersection of the view of a traffic sign shall be deemed to be dangerous to public travel and the Director of Public Works 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 Director of Public Works 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.
[Amended 2-6-2014 by Ord. No. 2014-02]
(4) 
Any person who is an owner or occupant or firm or corporation failing to obey the written notice of the Director of Public Works or this chapter as specified in Subsection B(3) above shall, upon conviction thereof, be subject to a forfeiture as established in § 1-4 of this Code of Ordinances.
[Amended 2-6-2014 by Ord. No. 2014-02]
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 Director of Public Works 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:
[Amended 2-6-2014 by Ord. No. 2014-02]
(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. 
Excavations. 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 Tree Board.
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, or park trees. Furthermore the Tree Board or its duly contracted arborist shall have the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance.
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 constitute a potential threat to other trees within the Village. Under the direction of the Village Tree Board, the Arborist or Director of Public Works shall cause a written notice to be personally served or sent by registered mail to the person to whom the tax bill was sent for the general taxes for the proceeding year. Such notice shall describe the kind of tree, shrub, or other plant or plant part which has been declared to be a public nuisance; its location on the property; the reason for declaring it a nuisance; and the actions that the property owner may undertake to abate the nuisance. Removal shall be done by said owners at their expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provision, the Village shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 in accordance with the Village's current Schedule of Fees[1] shall be paid annually in advance; 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 $50,000 for bodily injury and $100,000 property damage indemnifying the Village or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
[1]
Editor's Note: The Schedule of Fees is on file in the Village office.
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, who may hear the matter and make final decision.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, subject to a forfeiture in accordance with § 1-4, General penalty, of the Code.[1] If as a result of the violation of any provision of this chapter, the injury, mutilation, or death of a tree, shrub, or other plant located on Village-owned property is caused, the cost of repair or replacement of such tree, shrub, or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens," as published by the International Society of Arboriculture.
[1]
Editor's Note: See the Village's Schedule of Forfeitures, which is on file in the Village office.