City of Mayville, WI Chapter 384 Trees

[HISTORY: Adopted by the Common Council of the City of Mayville 2-13-1989 by Ord. No. 695-89 as Ch. 22 of the 1989 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Nuisances — See Ch. 303.

Property maintenance — See Ch. 332.

Streets and sidewalks — See Ch. 368.

§ 384-1 Tree Board.

A. Designation. The City Park and Recreation Commission is designated as the City Tree Board.

B. Powers and duties. The Tree Board shall have the following powers and duties:

(1) To prepare and maintain an inventory of trees located on public lands within the City.

(2) To prepare and recommend to the Council a plan for the planting, care and maintenance of trees in the City, including the number, species and location.

(3) To apply for state and federal grants for the preparation and implementation of the City's tree plans and programs.

(4) To retain such persons or firms who or which are qualified in urban forestry as the Council shall authorize to assist in the development of urban forestry management for the City.

(5) To provide a forum for and encourage public comments on City tree plans and programs.

(6) To annually conduct Arbor Day observance and ceremonies.

(7) To maintain Tree City USA status.

§ 384-2 Applicability.

This chapter provides the Tree Board full power and authority over all trees and shrubs located within street rights-of-way, parks, cemeteries, and other public places in the City and trees and shrubs located on private property that constitute a hazard, threat or nuisance as described herein.

§ 384-3 Definitions.

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this section:

CITY FORESTER

The City Urban Forester who is appointed by the Common Council.

PARKING/PLANTING STRIP

The area between the curb and sidewalk and the area between the sidewalk and private property line that is City-owned property, unpaved street-side City property, or an area on private property where an easement is given to the City for the purpose of planting trees.

PRIVATE TREES

Any and all trees growing on private property within the City limits as of or after the effective date of this chapter or its successor ordinances and which are not defined or designated in this chapter as street trees, park trees or public trees.

PUBLIC NUISANCE

Any tree or shrub or part thereof growing upon private or public property which is interfering with the use of any public area or infected with an infectious pest or endangers the life, health, safety or welfare of persons or property.

PUBLIC RIGHT-OF-WAY

A portion of property reserved for public use and accepted for such use by the City to provide circulation and travel to abutting properties, including but not limited to streets, alleys, sidewalks, provisions for public utilities, cut and fill slopes and public open spaces.

PUBLIC TREES

All trees growing on any street, park or public place owned and/or managed by the City of Mayville as of or after the effective date of this chapter or its successor ordinances.

PUBLIC UTILITY

Any public, private or cooperatively owned line, facility or system for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil products, water, wastewater, or stormwater which directly or indirectly serves the public or any part thereof within the corporate limits of the City.

TREE TOPPING

The specific reduction in the overall size of a tree and/or the cutting back of branches or limbs to such a degree so as to remove the normal canopy and disfigure the tree.

URBAN FORESTRY PROGRAM

The program which is a part of the Department of Public Works and which is responsible for the care and maintenance of the urban forest resources located on City property.

§ 384-4 City Forester.

A. Appointment. The City of Mayville may employ a City Forester (§ 27.09, Wis. Stats.).

B. Powers and duties. The City Forester shall have the following general powers and duties:

(1) To direct, manage, supervise and control the City street tree program, including all planting, removal, maintenance and protection of all trees and shrubs on all public areas, and to supervise City personnel in the planting, removal, maintenance and protection of said trees and shrubs.

(2) To follow accepted procedures in the guarding of all trees and shrubs within the City so as to prevent the spread of disease or pests and to eliminate dangerous conditions which may affect the life, health or safety of person or property.

(3) Such other powers and duties as are provided by the laws of Wisconsin, particularly §§ 27.08 and 27.09, Wis. Stats., by ordinance of the City and by the City Tree Board.

§ 384-5 Master street tree plan.

The City of Mayville may develop a master street tree plan. The master street tree plan shall consist of a City-wide, street-by-street written inventory of existing trees and an evaluation of all space and site factors which will aid in the determination of new tree species best suited to a particular planting site in regard to growing habits, shape, form, health, disease and pest resistance, conflicts with wires, lights, pavement, traffic, pedestrians, sidewalks, environmental pollution, sewers, space availability, or other factors. The evaluation of the space and site factors and the species selection for a particular street shall be made by the City Forester.

§ 384-6 Landscape plan review for new and existing trees.

A. Tree species. The City Tree Board shall develop and maintain a list of desirable trees for planting along streets in three size classes: short, medium and large. A list of trees not suitable for planting will also be created and enforced by the City.[1]

[1] Editor's Note: A list of recommended street trees is included at the end of this chapter.

B. Spacing. The spacing of street trees will be in accordance with the tree species size classes listed in this chapter, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet, except in special plantings designed or approved by the City Forester.

C. Utilities. No street trees other than those species listed herein as small trees may be planted under or within 10 lateral feet of any overhead utility wire.

D. Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the tree species size classes listed in this chapter, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.

E. Topping. It shall be unlawful as a normal practice for any person, firm, or City department to top any public 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 chapter at the determination of the Tree Board.

§ 384-7 Permit required; pruning by landowner.

No person shall plant, remove, or disturb any public tree on any street, park, or other public place without a permit. The person receiving the permit shall abide by the standards set forth in this chapter. Trees located in street rights-of-way shall be pruned by adjacent landowners in compliance with Chapter 368, Streets and Sidewalks, § 368-6 of this Code.

§ 384-8 Vision clearance triangle. [1]

No tree or other vegetation shall be permitted within a vision clearance triangle established pursuant to Chapter 430, Zoning, § 430-70.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 384-9 Dead, diseased or hazardous trees on private property.

A. The City Forester or his/her official designee has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be public nuisance. Upon the discovery of any destructive or communicable disease, pestilence or hazardous condition which endangers the growth or health of trees, or threatens to spread disease or infestations, the City Forester shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within a reasonable time to be specified in such notice.

B. No person shall interfere with the City or its authorized agent while it or he is engaged in carrying out any work or activities associated with this section.

§ 384-10 Landmark trees.

The Tree Board shall have as one of its duties the location, selection and identification of any trees which qualify as landmark trees. A tree may qualify as a landmark tree if it meets one or more of the following criteria: size, species rarity, old age, association with an historical event or person, abnormality, scenic enhancement, etc.[1]

[1] Editor's Note: Original § 22.11, Building moving permits, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 384-11 Public utilities.

A. Whenever a permit is issued under this chapter to a public utility to remove, trim, prune, cut, disturb, alter or do surgery on any public tree or shrub, the City 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 at the usual City rate.

B. A public utility may secure an annual working agreement with the Department of Public Works and the Tree Board which gives the City Forester the authorization to supervise and direct work done associated with trees and shrubs.

§ 384-12 Enforcement.

The City shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees and shrubs upon the right-of-way of any street, alley, sidewalk or other public open space in the City.

§ 384-13 Violations and penalties; abatement; appeals.

A. Violations. Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to the provisions of this chapter, upon being found guilty of violation, shall be subject to a penalty as provided in § 1-4 of this Code for each separate offense. Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this chapter, the injury, mutilation or death of a tree, shrub or other plant located on City-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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Assessment of claim. In the event that a nuisance is not abated by the date specified in the notice, the City Forester is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the owner of the property upon which the nuisance was located shall be subject to prosecution.

C. Appeals. Any person who received a determination or order from the City Forester and objects to all or any part thereof may appeal to the Tree Board within seven days of receipt of the order, and the Board shall hear such appeal within 45 days of receipt of written notice of the appeal. After such hearing, the Board may reverse, affirm or modify the order or determination and shall state the grounds for its decision in writing. The 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 file its written decision with the City Clerk.