All utilities and sewer and water mains and service laterals
to the abutting property shall be installed before any street is permanently
surfaced or resurfaced.
[Added by Ord. No. 124]
As a complete alternative to the requirements established by
§§ 61.54 and 61.55, Wis. Stats., § 62.15
shall be applicable to Village contracts. The authority vested in
the Board of Public Works by § 62.15 shall be exercised
by the Village Board or as delegated by the Village Board.
[Added by Ord. No. 165; amended by Ord. No.
168]
The Village Board shall have the power to regulate its public
parks, parkways, boulevards and pleasure drives and may, in that regard,
exercise all the powers of a board of park commissioners as set forth
in § 27.08, Wis. Stats., and may, further, regulate all
trees within the Village so as to prevent the spread of disease or
pests and to eliminate dangerous conditions pursuant to § 27.09(3),
(4) and (7), Wis. Stats.
(1) Policy. It is the policy of the Village to regulate the planting,
removal, maintenance and protection of trees and shrubs in the Village;
to eliminate and guard against dangerous conditions which may result
in injury to persons using the public and abutting private areas of
the Village; to promote and enhance the beauty of the Village; to
prevent damage to any public sewer or water main, street, sidewalk
or other public property; to protect trees and shrubs located in public
areas from undesirable and unsafe planting, removal, maintenance and
protection practices; and to guard all trees and shrubs within the
Village against the spread of disease or pests. The provisions of
this section shall apply to all trees and shrubs presently or hereafter
planted in or upon any public area and to all trees and shrubs presently
or hereafter planted in or upon private premises which shall endanger
the life, health or safety of persons or property.
(2) Definitions.
(a) CALIPER INCHES — The diameter of a trunk stem measured at six
inches above ground level up to four inches caliper size and measured
12 inches above ground level for larger sizes.
(b) PROPERTY OWNER — The record owner or contract purchaser of
any parcel of land.
(c) TREES, SHRUBS AND OTHER PLANTS — All vegetation, woody or otherwise,
except lawn grass and flowers less than 24 inches in height.
(d) VILLAGE-OWNED PROPERTY — Property within the Village limits
and owned by the Village in fee simple absolute or used for public
parks, parkways, boulevards or pleasure drives or implied or expressly
dedicated to the public for present or future use for the enumerated
purposes or for the purposes of vehicular or pedestrian traffic or
for public easements.
(3) Public nuisances declared. See ch.
10 of this Code.
(4) Removal of public nuisances. See ch.
10 of this Code.
(5) Tree and shrub planting regulated.
(a) No person shall plant a tree or shrub on Village property or cause
work to be done by others without first obtaining a written permit
for such work from the Village.
(b) Any person who applies for a permit shall make the application in
writing on Village forms.
(c) The permit holder shall be responsible for contacting digger's
hotline to inform them of any excavation necessary to plant trees
or shrubs prior to causing any excavation.
(d) The minimum size of any tree planted by permit shall be 0.75 caliper
inches.
(6) Care of trees on Village property.
(a) No person other than employees of the Village or its agents or contractors
shall:
1. Trim, prune or remove any healthy tree or shrub or portion thereof
on Village property.
2. Damage, cut, tap, carve or transplant any healthy tree, shrub or
other plant located on Village property.
3. Permanently attach any sign, rope, poster or other man-made object
to any tree, shrub or other plant on Village property.
(b) Notwithstanding the preceding subsection, nothing in this section shall have the effect of relieving the owner of property abutting any park, parkway, boulevard or pleasure drive, which persons are deemed to have a property interest in shade and ornamental trees on and along such parks, parkways, boulevards or pleasure drives from the duty of or liability for failing to remove dangerous trees or tree limbs when the person has, or reasonably should have, knowledge of any nuisance covered under ch.
10 of this Code whether or not such nuisance is actually located or exists upon Village property.
(7) Right-of-way clearance. See Ch.
10 of this Code.
(8) Interference prohibited. It is unlawful to interfere with Village
employees or contractors during their work marking, removing, planting
or maintaining public trees, shrubs and public nuisances.
(9) Appeals.
(a) Unless provided for elsewhere in this Code or by statute, a person aggrieved by the application of the regulations of this section shall have the right to seek the administrative appeal of any determination of the Village Board in the regulation of urban forestry under ch.
6 of this Code.
(b) A person aggrieved by the application of the regulations of this
section as to any special assessment for the provision, improvement
or change of any park, parkway, boulevard or pleasure drive, shall
be entitled to appeal such determination of the Village Board by seeking
the remedy provided for in § 27.10(4)(f), Wis. Stats.
(10) Penalty. The penalty for a violation of any provision of this section
shall be a penalty as provided in sec. 8.15 of this chapter.
The penalty for violation of any provision of this chapter shall
be a penalty as provided in sec. 25.04 of this Code. A separate offense
shall be deemed committed on each day on which a violation of this
chapter occurs or continues.