It is hereby declared to be the policy of the Village of Waterford to
regulate the planting, maintenance and removal of trees, plants and shrubs
in the Village in order to promote, protect and enhance the public health,
safety and general welfare of its people. The purpose of this chapter is to
preserve, protect and plant trees, plants and shrubs, as valuable resources
which enhance the aesthetics of property, prevent soil erosion, filter airborne
pollutants, reduce atmospheric carbon dioxide, produce oxygen, provide protection
against severe weather, aid in the control and drainage and restoration of
soil subsequent to construction or grading, and reduce stormwater runoff.
The Village of Waterford hereby proclaims that an annual Arbor Day shall
be set aside and celebrated on the last Friday of the month of April. The
observance and celebration of Arbor Day shall include educational activities
and the planting of trees, and in conjunction with those purposes a school
principal may request one free tree from the Department of Natural Resources
for each fourth grade pupil in the school, pursuant to Wis. Stat. § 118.025.
This chapter provides full power and authority over all trees, plants
and shrubs located within street rights-of-way, parks and public places of
the Village of Waterford; and to trees, plants and shrubs located on private
property that constitute a hazard or threat as described within. The Village
shall have the right to plant, prune, maintain and remove trees, plants and
shrubs located in any public place, as may be necessary to ensure public safety
or to preserve or enhance the beauty and symmetry of such public place. This
section does not prohibit the planting of trees within tree lawns by adjacent
property owners, provided that permit requirements are complied with.
As used within this chapter, the following terms shall have the meanings
set forth in this section:
FORESTER
The Village Forester, who is the actual individual or his or her
agent assigned to enforce this chapter.
PERSON
Any public or private individual, group, company, firm, corporation,
partnership, association, society or any other combination of human beings,
whether legal or natural.
PUBLIC PLACE
All grounds owned by the Village of Waterford, County of Racine,
State of Wisconsin.
PUBLIC TREE
Any tree, shrub, bush, or other woody vegetation located in a public
place.
STREET or HIGHWAY
The entire width of every public way or right-of-way when any part
thereof is open to the use of the public, as a matter of right, for purposes
of vehicular and/or pedestrian traffic.
TREE LAWN
That part of a street or highway, not covered by sidewalk or other
paving, lying between the property line and the curb or that portion of a
street or highway usually used for vehicular traffic.
The Village Board shall include in its annual budget the sum necessary
to meet the expenses required by the enactment of this chapter and the implementation
of the Tree Plan, which shall not be less than $2 per capita of the population
of the Village of Waterford. The Village Board may, in its discretion, levy
a separately denominated tax for the purpose of setting out shade and ornamental
trees as provided in Wis. Stat. § 61.47.
Any person who is aggrieved by any action or decision by the Village
Forester or Public Works Department may appeal to the Village Board. The Board,
after a hearing, may reverse, affirm or modify the order, requirement, decision
or determination of the Village Forester upon notice to the appellant, and
to that end shall have all of the powers of the Village Forester.