[HISTORY: Adopted by the Village Board of
Village of Cottage Grove 8-18-1997. Amendments noted where applicable.]
It is the purpose of this chapter to promote
and protect the public health, safety and general welfare by providing
for the regulation of the planting, maintenance, protection and removal
of trees and shrubs within the Village of Cottage Grove.
For the purpose of this chapter, the following
terms, phrases, words and their derivations shall have the meaning
given in this section:
Any and all trees growing on private property within the
Village limits as of or after the effective date of this chapter and
which are not defined or designated in this chapter as street trees,
park trees or public trees.
Any tree or shrub or part thereof growing upon private or
public property which interferes with the use of any public area,
is infected with an infectious pest or endangers the life, health,
safety or welfare of persons or property.
A portion of property reserved for public use and accepted
for such use by the Village 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.
All trees growing on any street, tree terrace, park or any
public place owned and/or managed by the Village of Cottage Grove
as of or after the effective date of this chapter identified in this
chapter or its successor ordinances.
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 Village.
The area between the curb and sidewalk and the area between
the sidewalk and private property line that is Village-owned property,
unpaved streetside Village property or an area on private property
where an easement has been given to the Village for the purpose of
planting trees.
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.
The program which is a part of the Department of Public Works
and which, at the direction of the Parks, Recreation and Forestry
Committee, is responsible for the care and maintenance of the urban
forest resources located on Village property.
[Amended 8-21-2017 by Ord. No. 05-2017]
The Village urban forester who is recommended to that position
by the Parks, Recreation and Forestry Committee, selected or appointed
by the Village President and confirmed by the Village Board.
[Amended 8-21-2017 by Ord. No. 05-2017]
A.
Appointment. The Village of Cottage Grove may enter
into a contract for the services of a Village Forester.
B.
Powers and duties. The Village Forester shall have
the following general powers and duties, subject to the direction
and authorization of the Parks, Recreation and Forestry Committee
and Village Board, as detailed in the contract of employment:
[Amended 8-21-2017 by Ord. No. 05-2017]
(1)
To recommend to the Parks, Recreation and Forestry
Committee and the Village Board regarding the Village street tree
program, including all planting, removal, maintenance and protection
of all trees and shrubs on all public areas, and to further direct,
manage and/or supervise any aspects of the street tree program as
recommended by the Parks, Recreation and Forestry Committee and Village
Board.
(2)
To guard all trees and shrubs within the Village so
as to prevent the spread of disease or pests and to eliminate dangerous
conditions as determined by the Village Forester which may affect
the life, health or safety of persons or property.
C.
The Village Forester, after giving advance notice
to and receiving permission from the property owner or tenant having
charge, shall have the authority to enter upon private premises at
reasonable times for the purpose of examining and inspecting any suspected
nuisance tree or shrub. Should the landowner deny permission to enter
the property for inspection purposes, a special inspection warrant
shall be applied for and executed according to ss. 66.122 and 66.123,
Wis. Stats.
D.
Abatement. If the Village 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 vehicular or pedestrian traffic or is
injurious to any public utility, he/she shall provide the owner or
person having charge of such premises notice of required corrective
action. If such owner or occupant does not comply with said notice
within a minimum two-week period, the Village Forester may, to the
extent allowed by law, cause the work to be done and all costs involved
charged against the property as a special assessment. No damages shall
be awarded to the owner for the destruction of any tree pursuant to
this section.
[1]
Editor’s Note: Former § 294-4, Urban forestry plan,
was repealed 8-21-2017 by Ord. No. 05-2017.
A.
The developer of new subdivisions, residential, commercial or industrial development, shall pay for the cost of tree plantings in tree terraces as defined in § 294-2.
(1)
If an exact count of trees for the development cannot
be determined, the fee for such plantings shall be determined as follows:
(2)
All fees collected shall be used only for planting
and replacement operations in the specific subdivision or property
for which the fees are paid. The Village Forester shall oversee the
planting and maintenance of such trees at such times and places as
the development of the property, its occupants and other conditions
allow.
B.
Tree plantings shall conform to these guidelines:
(1)
Tree species. The Parks, Recreation and Forestry Committee has developed a list of desirable trees for planting along streets in three size classes, as listed in § 294-7.[2],[3]
[2]
Editor’s Note: The reference to the Parks, Recreation
and Forestry Committee in this subsection was changed to read “Parks,
Recreation and Forestry Committee” pursuant to Ord. No. 05-2014,
adopted 7-7-2014.
(2)
Spacing. The spacing of street trees should be in accordance with the tree species size classes listed in § 294-7 of this chapter: large trees, 40 feet; medium trees, 30 feet; and small trees, 25 feet.[4] The Parks, Recreation and Forestry Committee may approve
variances to these guidelines for special plantings.
[Amended 8-21-2017 by Ord. No. 05-2017]
(3)
Planting restrictions. All planting sites shall be
at least 35 feet away from street corners (measured from the point
of nearest intersecting curbs or curblines), 20 feet from streetlights,
10 feet from fire hydrants, driveways and utility poles and five feet
from any underground waterline or water stop box. Because of these
complexities, exact planting locations shall be selected and staked
by the Village Forester prior to planting.
(4)
Utilities. Only street trees which reach a maximum
mature height of 25 feet or less shall be planted under or within
20 lateral feet of any overhead utility wire. Every effort shall be
made by public and private utility companies to utilize the public
right-of-way/tree terrace in a cooperative manner. Underground utilities
which parallel the abutting street shall be placed as close to the
street or sidewalk as possible to minimize future tree/utility conflicts.
This will allow tree planting in the center of the tree terrace, which
will minimize future tree/concrete problems. Utilities placed in improper
locations after the adoption date of this chapter may be required
to be moved to proper locations if abuse of the public right-of-way
has been determined.
(5)
Distance from curb and sidewalk. Development of tree terraces less than four feet wide is not permitted without special approval of the Village Plan Commission and the Parks, Recreation and Forestry Committee. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the tree species size classes listed in § 294-7 of this chapter, and no trees may be planted closer to any curb or sidewalk without approval by the Village Forester than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
[Amended 8-21-2017 by Ord. No. 05-2017]
(6)
Tree preservation. In the development of new subdivisions
or commercial property, the developer will work with the Village Forester
in developing a tree preservation plan that shows exactly which trees
are to be removed to install the infrastructure for the development.
The developer will also provide a plan specifying methods of protecting
trees not approved for removal. The developer shall ensure protective
structures shall remain in place until construction on the site is
complete. The Village Plan Commission, in conjunction with the Parks,
Recreation and Forestry Committee, will review the tree preservation
plan and must accept it as a condition for approval of the subdivision.
[Amended 8-21-2017 by Ord. No. 05-2017]
A.
No person shall plant, trim, spray or remove any tree,
shrub or other plant in any Village tree terrace or other public place
without a written permit issued by the Village Forester or Parks,
Recreation and Forestry Committee. Permit applications are available
at the Village Hall. All work performed under permit is subject to
inspection by the Village Forester. If work is found to be unacceptable
under the standards specified in the permit, the permit holder must
take corrective action within a period of no more than two weeks.
If corrective action is not taken within this period, the Village
Forester may, to the extent allowed by law, cause the work to be done
and all costs involved charged against the permit holder as a special
assessment.
[Amended 8-21-2017 by Ord. No. 05-2017]
B.
Topping. It shall be unlawful as a normal practice
for any person, firm or Village 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
by the Parks, Recreation and Forestry Committee.
[Amended 8-21-2017 by Ord. No. 05-2017]
C.
Excavation. No person or firm shall excavate any ditches,
tunnels or trenches or lay any drive within a radius of 10 feet from
any public tree without first obtaining a written permit from the
Parks, Recreation and Forestry Committee.
[Amended 8-21-2017 by Ord. No. 05-2017]
D.
Placing materials on public property. No person or
firm shall deposit, place or store upon any public place of the Village
any stone, brick, dirt, sand, concrete or other materials which may
impede the free passage of water, air or nutrients to the roots of
any tree on said property, except by written permit by the Parks,
Recreation and Forestry Committee.
[Amended 8-21-2017 by Ord. No. 05-2017]
E.
Seasonal trimming and removal of oak and elm trees.
To prevent the spread of the diseases known as "oak wilt" and "Dutch
elm disease," no person or firm shall remove, trim or cause fresh
wounds to any oak or elm tree or portion there of, including roots,
within the Village of Cottage Grove between the dates of April 15
and July 15 without first securing written permission from the Village
Forester. If storm damage work on these trees is required during this
period, a sterile would dressing shall be applied to all cut surfaces
as per ANSI A300-5.2.6 (American National Standard for Tree Care Operations).
[Amended 1-3-2006 by Ord. No. 01-2006]
[Amended 7-7-2014 by Ord. No. 05-2014; 8-21-2017 by Ord. No. 05-2017]
A.
The species of trees or such other trees as may be subsequently approved
by the Parks, Recreation and Forestry Committee or Village Board are
acceptable to plant on the tree terraces in the Village of Cottage
Grove with approval by the Parks, Recreation and Forestry Committee.
B.
These lists shall be located at the Village Municipal Building and
maintained by the Village Director of Parks, Recreation and Forestry
and the Village Forester.
[Added 3-16-2009 by Ord. No. 08-2008[1]]
A.
Intent and purpose. The Village of Cottage Grove recognizes that
specific trees in Cottage Grove are deserving of special status due
to distinctive form, size, age, location, species, unique qualities
or historical significance. It is the intent of this section to establish
regulations for the identification, maintenance and removal of heritage
trees within the Village in order to retain as many trees as possible
consistent with the purpose of this section and the reasonable enjoyment
of public property.
B.
"Heritage trees defined." As used in this section, a "heritage tree"
means:
(1)
Any deciduous tree (oak, hickory, walnut, etc.): 24 inches dbh.
(2)
Any conifer tree (pine, spruce, etc.): 20 inches dbh.
(3)
Any tree not meeting the above requirements of dbh may be considered
if any one of the following criteria is present:
(a)
Age greater than 50 years;
(b)
Canopy spread or height are unusual for its diameter;
(c)
A rare or unique species, whether native or not;
(d)
Exceptional quality, i.e., shape, having more than one trunk,
unusual bark, special beauty or horticultural interest;
(e)
Historic significance, such as a tree linked to the past through
photos and historical accounts as provided by citizens or the Cottage
Grove Area Historical Society;
(f)
Having ecological function(s) due to location, size, species,
condition, nesting or roosting site;
(g)
Situated in a site where it plays a critical role in stabilizing
soil or providing shade needed by other plant or animal species;
(h)
Having special aesthetic value due to its form or that serves
in a landscape, i.e., a pair of trees that frame an entrance;
(i)
Important local native species or trees that arc associated
with the character of Cottage Grove;
(j)
Any tree planted during Arbor Day observances or trees planted
as public memorials; or
(k)
Trees that affect the greater landscape beyond the property
on which they grow.
(4)
The tree shall be healthy, indicate at least a seventy-percent chance
of surviving more than 10 years, and be able to be maintained without
excessive threat to the public health, safety and welfare.
C.
Protected tree location.
(1)
"Public protected tree location" is defined as any land owned by
the Village of Cottage Grove, other governmental agencies or authorities,
i.e., the Vethe School Forest, or any land upon which easements are
imposed for the benefit of the Village, including but not limited
to rights-of-way, parks, public areas and easements for drainage,
sewer, water and other public utilities.
(2)
"Private property" is defined as any privately owned land within
the Village of Cottage Grove limits and any annexed land at the time
of annexation.
D.
Procedure for designation on public and private property.
(1)
The Village of Cottage Grove Forester may designate Heritage trees
on public property in accordance with the above requirements.
(2)
Interested persons may also participate by nominating a tree on Village-owned
land in accordance with the above requirements.
(3)
Private property owners may nominate a tree on their own land in
accordance with the above requirements.
(4)
Individuals wishing to nominate a tree on public or private property
will submit an application to the Parks, Recreation and Forestry Committee.
Applications are available at Village Hall.
[Amended 8-21-2017 by Ord. No. 05-2017]
(5)
Nominations are initially screened by the Forester, after which the
Parks, Recreation and Forestry Committee accepts or rejects the nomination
based on the above criteria.
[Amended 8-21-2017 by Ord. No. 05-2017]
(6)
Following acceptance of the nomination, it is forwarded to the Village
Board for approval.
(7)
Upon approval, the tree is catalogued in the Heritage Tree Registry
and photographed.
(8)
If someone other than the Forester nominates a tree, that person
is notified of the tree's official designation.
(9)
The Village shall place a tag on all designated trees bearing substantially the following statement: "LOCAL HERITAGE TREE (Chapter 294 of the Village Code)."
(10)
The Heritage Tree Registry and photos are kept on display at
Village Hall.
E.
Care, treatment and removal of designated heritage trees on public
and private property.
(1)
The Village Forester shall inspect all heritage trees at least twice
a year.
(2)
The Village Forester shall direct any trimming and other maintenance
of designated trees.
(3)
In case of storm or other immediate necessity, the Forester is empowered
to contact Public Works or the Village's tree service to handle
the removal of a designated tree in a timely manner to protect the
safety and well-being of the public.
(4)
If, for any reason other than emergency necessity such as disease,
insect infestation or storm damage, removal from the Heritage Tree
Local Registry is desired, an application for removal shall be made
to the Parks, Recreation and Forestry Committee, and if approved by
both the Parks, Recreation and Forestry Committee and Village Board,
a public hearing (Class I notice) will be held. Upon removal, the
designated tree will be taken from the Local Registry.
[Amended 8-21-2017 by Ord. No. 05-2017]
(5)
For every heritage tree that is removed from public property, every effort shall be made to replace site-suited tree(s) in the same location, if possible, or in locations approved by the Parks, Recreation and Forestry Committee or the Village Forester: minimum two inches caliper for deciduous and minimum six feet height for evergreens. (See Village Tree Ordinance, Chapter 294, Trees and Shrubs, for a list of recommended trees.)
[Amended 8-21-2017 by Ord. No. 05-2017]
(6)
Designated heritage trees on private property may be trimmed only
with the approval of the Village Forester.
(7)
When private property with a designated heritage tree is sold, the seller should notify the Village Forester or the Parks, Recreation and Forestry Committee. The buyer may have the option of continuing the designation or removing the designation as defined in Subsection E(4).
[Amended 8-21-2017 by Ord. No. 05-2017]
F.
Preservation area.
(1)
Tree preservation area is a no-violation zone that is typically bordered
by the limit of the disturbance line.
(2)
A line as shown on a site plan and tree preservation plan that identifies
the limit of construction, demolition, grading, or excavation activity
of any kind. This line will typically delineate the tree preservation
area. (For more information see "The Forest Where We Live: A Guide
to Caring for Trees," p. 14, WIDNR Forestry Program, Publ-FR-108-2002.)
(3)
Predevelopment drainage patterns shall be maintained around the tree(s).
(See Publ-FR-108-2002 listed above and "The Forest Where We Live:
Growing a Legacy, WIDNR, August 2006.)
