[HISTORY: Adopted by the Bellevue Board 9-25-2013 by Ord. No.
O-2013-10 (§ 8.24 of the 1998 Code). Amendments
noted where applicable.]
Having determined that a well managed urban forest provides
many benefits to the Village, it is hereby declared to be the policy
of the Village of Bellevue, Wisconsin, to regulate and control the
planting, removal, maintenance, and protection of trees and shrubs
upon or in all public areas of the Village in order to:
A.
Promote and enhance the aesthetics and general welfare of the Village.
B.
Eliminate and guard against dangerous conditions which may result
in injury to persons using public areas of the Village.
C.
Protect trees and shrubs in public areas from undesirable and unsafe
planting, removal, maintenance and protection practices.
D.
Protect all trees and shrubs from the damaging effects of construction,
alteration or repair of utility facilities and other improvements
in any public area.
E.
Guard all trees and shrubs, both public and private, within the Village
against the spread of disease, insects, or pests.
F.
Prevent damage to any public sewer, water main, street, sidewalk,
or other public property.
The following entities are hereby established and have authority
to administer the provisions of this chapter:
A.
Tree Board.
(1)
Establishment. The Village of Bellevue Park Commission shall function
as the Village of Bellevue Tree Board (hereinafter "Tree Board").
Its functions and duties are limited to those set forth in this chapter.
(2)
Duties and responsibilities. The Tree Board shall have the following
duties and responsibilities:
(a)
The Tree Board, with the assistance of the Village Forester,
shall prepare for Village Board approval an Urban Forestry Strategic
Plan. The Urban Forestry Strategic Plan shall outline urban forestry
program activities for a minimum of five years. This plan shall describe
the urban forestry activities to be undertaken by the Village, the
reasons for those activities, the possible funding source(s), and
the means of accomplishing the activities, the alternatives available
to the Village to fund or accomplish the activity, the projected date
of completion, and the consequences if the activity is not completed.
(b)
The Tree Board, with the assistance of the Forester, shall develop
and periodically review and revise, as necessary, the Arboricultural
Specifications Manual.
(c)
The Tree Board shall advise and consult the Forester on any
matter pertaining to this chapter and its enforcement. The topics
under which this advice and consultation may be given may include,
but are not limited to, any of the following:
[1]
Recommend for Village Board approval amendments to this chapter,
development, alterations and/or revisions to the Arboricultural Specifications
Manual, and/or other related Urban Forestry Plans;
[2]
Policy concerning selection, planting, maintenance, and removal
of trees, shrubs, and other plants within the Village;
[3]
Recommendation for the allocation of funds to the Tree Program,
and expenditures of funds by the Tree Program;
[4]
Establishment of educational and informational programs; and
[5]
Development of policies and procedures regarding the Tree Program.
(3)
The Tree Board, upon request, shall hear all issues of disputes which
arise between the Village and any such person whenever those issues
involve matters or the interpretation or enforcement of the Arboricultural
Specifications, Urban Forestry Plans and Programs or of the interpretation
or enforcement of this chapter.
B.
Village Forester.
(1)
Establishment. The Director of Parks and Leisure Services or his/her
designee shall function as the Village Forester.
[Amended 7-9-2014 by Ord.
No. O-2014-12]
(2)
Duties. The Village Forester shall perform the following duties:
(a)
Manage the urban forestry program. The Village Forester shall
implement, monitor and evaluate the Urban Forestry Program. The Village
Forester shall manage the planting, removing, maintaining and protecting
of all public trees and shrubs or cause such work to be done as may
be necessary to preserve the beauty of public areas, public ways and
to protect life and property.
(b)
Provide urban forestry education and awareness. The Village
Forester shall implement a program of public education and awareness
that will encourage the planting, maintenance and removal of trees
and shrubs on private property in furtherance of the goals of the
Urban Forestry Program.
(c)
Issuance of permits. The Village Forester shall issue permits
as are required by this chapter. The Village Forester shall have the
right to inspect all work performed pursuant to such permits.
This chapter provides full power and authority over all trees
and shrubs which now or which may hereafter be located within all
public areas and to trees and shrubs located on private property that
constitute a hazard or threat as described herein.
In this chapter, unless the context clearly requires otherwise,
the following words and phrases shall be defined as follows:
The urban forestry document for the Village that serves as
a standard for the planting, maintaining, removing and protecting
of all trees in public areas by identifying specific practices, policies
and procedures.
As defined in § 500-410A.
[Amended 10-24-2018 by Ord. No. O-2018-13]
The Park Commission of the Village of Bellevue as constituted
under the Code of the Village of Bellevue.
Includes all operations of trimming, pruning, spraying, injecting,
fertilizing, treating, bracing, cabling and cutting any tree or shrub
above or below ground.
Written permission from the Village Forester to perform maintenance and protection on any public tree or shrub, or do construction (as defined in § 427-7) in the vicinity of any public tree or shrub. Any permit may include specifications which shall be complied with and any special provisions applicable to the purpose of the permit.
Any individual, firm, partnership, association, corporation
or government entity.
Includes all public ways, parks, and other lands owned, controlled,
or leased by the Village.
Any tree or shrub or part thereof which by reason of its condition and location has been declared to be a public nuisance under § 427-8 of this chapter.
Any tree or shrub, as herein defined, presently or hereafter
planted in or upon any public area.
Includes all public streets, roads, boulevards, median strips,
alleys, and sidewalks.
A woody plant usually with multiple stems branched at or
near the base, reaching a height of less than 12 feet.
Any public tree presently or hereafter located in the public
way between the curb and public sidewalk, or between the curbs of
a median strip, or in the equivalent location with respect to future
curb, sidewalk or median strips where such curbs or sidewalk are not
yet installed.
A woody plant usually with a single stem unbranched at the
base, reaching a height of 12 feet or more.
The group of individuals appointed by the Village under § 427-2A of this chapter designated to enforce the provisions of this chapter.
The urban forestry document(s) that establish specific field
operations of the urban forestry program. Management plans identify
and prioritize site specific tree planting, maintenance, removal and
abatement activities within a multiyear time frame.
The urban forestry document for the Village that establishes
the overall goals and objectives of the urban forestry program.
The Village of Bellevue, Wisconsin.
The person designated by the Village under § 427-2B of this chapter or his/her duly authorized representative designated to perform inspection or otherwise enforce the provisions of this chapter.
The following document, in its entirety, is hereby adopted and
made a part of this section: "Village of Bellevue Arboricultural Specifications
Manual."
A.
Plan for the orderly planting of trees. The Village Board may establish
a plan for the orderly planting of trees in the terraces or boulevards
along Village streets to reduce conflicts between trees and other
public use of streets, to facilitate care of the trees, and to make
the Village a more attractive place in which to live. The plan shall
take into consideration the recommendations of the Urban Forestry
Management Plan and Arboricultural Specifications Manual when determining
species, size, and location of trees.
B.
Planting along established streets. When, in the opinion of the Tree
Board, with approval from the Village Board, the street right-of-way
or terrace of any established street can be improved by planned tree
planting, existing trees have been removed due to the moving or construction
of buildings or roadways or when the number of trees in any street
right-of-way or terrace has become so few as a result of normal removal
or other cause, the Village may plant or cause to be planted such
trees in the street right-of-way or terraces as it deems necessary.
The cost of replanting in the street right-of-way or terrace shall
be assessed against owners of adjacent property in the same manner
as other special assessments.
C.
Planting of trees when streets are reconstructed. When streets are
fully reconstructed, new trees shall be planted if, in the opinion
of the Village Forester, there is adequate land in the terrace or
boulevard to reasonably support tree growth. The cost of these new
trees shall be assessed against owners of adjacent property in the
same manner as other special assessments. The number and location
of each tree, species and size of stock are to be determined by the
Village Forester.
D.
Planting of replacement trees. When trees are removed for the widening
of any established street, for death or illness of the tree or the
abatement of a nuisance, replacement trees shall be planted if, in
the opinion of the Village Forester, there is adequate land in the
terrace or boulevard to reasonably support tree growth. The cost of
replacing these trees will be at the expense of the Village. The number
and location of each tree, species and size of stock are to be determined
by the Village Forester.
E.
New subdivisions tree planting. The Village shall require street
trees for all new subdivisions in the Village. A linear curb fee shall
be charged per a developer agreement, collected and placed in an escrow
account for trees. The fee shall be approved by resolution. After
an occupancy permit has been issued and lawn established for any house
in the development, trees shall be selected and planted in the terrace
by the Village at the next most appropriate planting season. The number
and location of each tree, species and size of stock are to be determined
by the Village Forester.
[Amended 10-24-2018 by Ord. No. O-2018-13]
F.
Neighborhood tree planting program. The Village of Bellevue shall
provide a neighborhood tree planting program for residents who wish
to have trees planted in the terrace area adjacent to their property.
The planting program will be offered in the fall and runs concurrent
with other fall plantings. The resident pays for the wholesale cost
of the tree, including planting.
G.
Public tree planting. Should any owner of adjacent property desire
to plant a tree on any public property, written permission shall be
obtained from the Village Forester in which the number, species, location
and size of the tree shall be designated. The cost of such planting
shall be borne by the adjacent property owner.
H.
Planting along unimproved streets. Trees shall not be planted in
the terrace on unimproved streets or where no curb and gutter exist.
A.
Scope of requirement. No person except the Village Forester or authorized
agent of the Village may perform any of the following acts without
first obtaining from the Village Forester a permit (free of charge),
and nothing in this section shall be construed to exempt any person
from the requirements of obtaining any additional permits as are required
by law:
(1)
Remove, destroy, cut, deface or injure any tree existing in the public
area or attach any rope, wire, chain, sign or any other device to
any public tree.
(2)
Plant, prune, fertilize or spay any tree or shrub existing on any
public area in the Village or authorize or cause the same to be done.
(3)
Place or maintain upon the ground in any public area any stone, concrete,
brick or other impervious material or substance in such as manner
as may obstruct the free access of air and water.
B.
Issuance. Within 14 days of receipt of the application, the Village Forester may issue a permit to perform, within 30 days of the day of issuance, any of the acts specified in Subsection A immediately above, for which a permit is requested whenever:
(1)
Such acts would result in the abatement of a public nuisance; or
such acts are not inconsistent with the development and implementation
of the Urban Forestry Management Plan or with any regulations or standards
of the Arboricultural Specifications Manual; and
(2)
An application has been signed by the applicant and submitted to
the Village Forester detailing the location, number, size, and species
of trees, shrubs, or other plants that will be affected by such acts,
setting forth the purpose of such acts and the methods to be used,
and presenting any additional information that the Village Forester
may find reasonably necessary; and
(3)
The applicant agrees to perform the work for which the permit is
sought in accordance with the provisions of this chapter, the Urban
Forestry Management Plan and with the regulations and standards set
forth in the Arboricultural specifications Manual; and
(4)
The applicant certifies that he/she has read and understands those
provisions of the Urban Forestry Management Plan, this chapter and
the Arboricultural Specifications Manual which are pertinent to the
work for which the permit is sought.
A.
Definition. The following are hereby declared public nuisances under
this chapter:
[Amended 3-27-2019 by Ord. No.
O-2019-11]
(1)
Any dead or dying tree, shrub, or other plant, whether located on
Village-owned property or on private property that is the cause of
substantial annoyance to the general public;
(2)
Any otherwise healthy tree, shrub, other plant or portion thereof,
whether located on public areas or on private property, which harbors
insects or diseases which reasonably may be expected to injure or
harm any tree, shrub, or other plant;
(3)
Any tree, shrub, other plant, or portion thereof, whether located
on public areas or on private property, which by reason of location
or condition constitutes a potential danger to the health, safety,
or welfare of the general public;
(4)
Any tree, shrub, or other plant or portion thereof, whether located
on public areas or on private property, which obstructs the free passage
of pedestrian or vehicular traffic or which obstructs a street sign
on Village property;
(5)
Any tree, shrub or other plant or portion thereof, whether located
on public areas or on private property, which dangerously obstructs
the view as such may be determined by the Village Forester pursuant
to this chapter;
(6)
Any tree, shrub or other plant or portion thereof, whether located
on public areas or on private property which is or will be impacted
as a result of a publicly funded construction project.
B.
Right to inspect. The officers, agents, servants, and employees of
the Village have the authority to enter onto private property, after
prior notification to property owner, whereon there is located a tree,
shrub, plant or plant part that is suspected to be a public nuisance.
C.
Abatement. The following are the prescribed means of abating public
nuisances under this chapter:
(1)
Any public nuisance under this chapter which is located on public
areas shall be pruned, removed, or otherwise treated by the Village
Forester or agent of the Village in whatever fashion is required to
cause the abatement of the nuisance within a reasonable time after
its discovery.
(2)
Any public nuisance under this chapter which is located on private-owned
property shall be pruned, removed, or otherwise treated by the property
owner or his/her agent in whatever fashion is required to cause the
abatement of the nuisance. No property owner may be found guilty of
violating this provision unless and until the following requirements
of notice have been satisfied:
(a)
The Village Forester or agent of the Village shall cause a written
notice to be personally served or sent by registered mail to the person
to whom was sent the tax bill for the general taxes for the last preceding
year;
(b)
Such notice shall describe the kind of tree, shrub, or the plant
or plant part which has been declared to be a public nuisance, its
location on the property and the reason for declaring it a nuisance;
(c)
Such notice shall describe by legal description or by common
description the premises;
(d)
Such notice shall state the actions that the property owner
may undertake to abate the nuisance;
(e)
Such notice will require the elimination of the nuisance no
less than 30 days after the notice is delivered or sent to the person
to whom was sent the tax bill for the general taxes for the last preceding
year.
(3)
In the event that the nuisance is not abated by the date specified
in the notice, the Village Forester or agent of the Village is authorized
to cause the abatement of said nuisance.
(4)
The Village Forester is empowered to cause the immediate abatement
of any public nuisance, provided that the nuisance is determined by
the Village Forester or agent of the Village to be an immediate threat
to any person or property.
It shall be unlawful for any person to prevent, delay, or interfere
with the Village or any of its agents while engaging in and about
the planting, cultivating, mulching, pruning, spraying, or removing
of any street trees or trees and shrubs from any public area or trees
and shrubs on private property as authorized by this chapter.
A.
Except as otherwise provided, any person found in violation of this chapter or any order, rule or regulation made hereunder shall be subject to the penalty provided in § 1-4 of the Code of the Village of Bellevue.
[Amended 7-9-2014 by Ord.
No. O-2014-12]
B.
Assessment of claim. In the event that a nuisance is not abated by
the date specified in the notice, the Village 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.
Appeal. Any party who elects to dispute any action or decision by
the Village Forester or Tree Board shall be entitled to appeal to
the Village Board for a final determination.
