[Amended 4-26-2005]
As used in this chapter, unless otherwise clearly
indicated by the context:
APPLICANT
The owner or representative of an owner of a lot, parcel,
or tract on which a Tree Impact Activity is sought.
[Added 2-26-2013]
BRUSH
For the purposes of §
266-6D, any cut vegetative material, regardless of size or condition.
CALIPER
The diameter of a Tree when measured at six inches above
grade. Caliper shall be the form of size measurements of trees four
inches and less in diameter.
[Added 2-26-2013]
CONSTRUCTION
The act or process of building a permanent structure or any
process to enhance a permanent structure or any process to gain access
to or supply utilities to a permanent structure.
[Added 2-26-2013]
CONTROLLED VEGETATION
Which is hereby declared to be non-native invasive species
and prohibited from being planted and consists of the following:
[Amended 5-28-2007]
A.
Buckthorns, common and glossy.
C.
Honeysuckles, tartarian, morrows and bella.
H.
Teasels, cut leaved and common.
K.
Sweet clovers, white and yellow.
DESTROY
The use of chemicals, cutting, tillage, or a combination
thereof to effectively prevent regulated vegetation from maturing.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a Tree, stated in inches and
measured at 4 1/2 feet above the existing grade at the base of
the Tree. DBH shall be the form of size measurement for Trees greater
than four inches in diameter.
[Added 2-26-2013]
HAZARDOUS TREE
A.
Any Tree or Shrub, public or private, that may
be injurious or detrimental to the community by causing injuries to
person or property due to a defective, storm-damaged, nature-of-species,
insect-infested or diseased condition.
[Amended 2-26-2013]
B.
Any Tree or Shrub that overhangs any sidewalk,
street or other public right-of-way in the Village in such a manner
as to impede or interfere with any public easement or traffic or travel
on such pathway, street or other public right-of-way, including, but
not limited to, any Tree or Shrub that obstructs street illumination
or the vision of persons traveling such pathway, street, or other
public right-of-way.
C.
Any part of a Tree or Shrub that, due to disease,
insect infestation or any defective condition, is likely to fall and
impair access to a public right-of-way or place.
[Amended 5-28-2007]
LAND MANAGEMENT PLAN
A written plan relating to management of a lawn or vacant
lot, other than a wooded lot, which contains a legal description of
the property upon which the grass will exceed nine inches in length,
a statement of intent and purpose for the length of the grass, a general
description of the vegetation types, plants, and plant succession
involved, and the specific management and maintenance techniques to
be employed. The management plan must include provisions for cutting
to maintain a length not exceeding 18 inches in height and for a distance
of not less than four feet adjacent to neighboring property lines
unless waived by the abutting property owner on the side so affected.
PERSON
Any individual, partnership, association, corporation or
any legal entity.
PUBLIC NUISANCE
A.
Any Tree, Shrub, or part of, which by reason
of its condition, interferes with the use of any public area and/or
is infected with a plant disease, is infested with injurious insects
or pests, is injurious to public improvements or endangers the life,
health, safety or welfare of persons or property due to size, location
and/or density of Trees or Shrubs.
C.
Elm bark beetles Scolytus multistriatus (Eichb.)
or Hylurgopinus rufipes.
E.
Any living or standing elm Tree or part thereof
infected with the Dutch elm disease fungus or in a weakened condition
which harbors any of the elm bark beetles Scolytus multistriatus (Eichb.)
or Hylurgopinus rufipes (Marsh.).
F.
Any dead elm or part thereof, including logs,
branches, stumps or other elm material from which the bark has not
been Removed.
G.
Any elm firewood from which the bark has not
been Removed or sprayed with an effective elm-bark-beetle-destroying
concentrate and covered with a tarpaulin in such a way as to inhibit
the escape or entrance of said beetle.
H.
Any living or standing Tree or part thereof
in the red oak group, such as red, pin, scarlet and black oak, infected
to any degree with the oak wilt fungus Ceratocystis fagacearum (Bretz)
Hunt.
I.
Any living or standing Tree in the white oak
group, such as white oak, bur oak, and bicolor oak, that poses a threat
of transmission of the oak wilt fungus to other Trees of the same
species through interconnected root systems.
J.
Any dead oak or part thereof, including logs,
branches, stumps or other oak material from which the bark has not
been Removed.
K.
Any oak firewood from which the bark has not
been Removed or sprayed with an effective two-lined chestnut-borer-destroying
concentrate and covered with a tarpaulin in such a way as to inhibit
the escape or entrance of said beetle.
L.
A Tree that is a hazardous Tree defined herein.
M.
Emerald Ash Borer.
[Added 5-28-2007]
PUBLIC PROPERTY
Premises owned or controlled by the Village, including without
limitation because of enumeration, public sites, parks, playgrounds,
streets, alleys, sidewalks, boulevards, and the terrace strip between
the lot line and the curb or improved portion of any public way.
PUBLIC TREE
Any Tree located on any Village-owned property, including,
without limitation, parkways, roads, parks and other rights-of-way.
[Added 2-26-2013]
REGULATED VEGETATION
Which is hereby declared to be noxious, consists of the following:
A.
Thistle or Canada thistle.
C.
Field bindweed (Creeping Jenny).
H.
Grass or weeds of any kind where height or length
exceeds seven inches, but not including grasses included as part of
a land management plan approved by the Village under this chapter.
I.
All other noxious weeds as specified in § 66.0407,
Wis. Stats.
REMOVE(D) or REMOVAL
The felling and/or destruction of a Tree, or the effective
destruction of a Tree through damage or otherwise.
[Added 2-26-2013]
REPLACEMENT TREE
A Tree installed pursuant to a Tree Removal Permit to replace
a Significant Tree that an Applicant has been authorized to Remove.
[Added 2-26-2013]
SHRUB
A woody plant that is never tree-like in habit and produces
branches or shoots from or near the base.
[Added 2-26-2013]
SIGNIFICANT TREE
Any Tree located on public property, other than a Hazard
Tree or Public Nuisance, having a DBH of six inches or more.
[Added 2-26-2013]
TOPPING
The severe cutting back of internodule branch parts of two
inches or greater in diameter, thereby as to Remove the normal canopy
and disfigure the Tree.
TREE
A self-supporting, woody plant, together with its root system,
a more or less well-defined crown, and a mature height of at least
eight feet or an ornamental Tree or shade Tree or Shrub of any variety.
[Amended 2-26-2013]
TREE IMPACT ACTIVITY
Any construction activity on any lot that will or is likely
to involve the Removal of a Significant Tree.
[Added 2-26-2013]
TREE REMOVAL PERMIT
A permit issued by the Village Manager or his/her designee
authorizing the Removal of a Tree pursuant to the provisions of this
chapter.
[Added 2-26-2013]
WOODED LOT
Any lot, whether developed or otherwise, which contains a mature Tree cover of 50% or greater. A wooded lot is not subject to the maintenance requirement of §
266-6D herein.
YARDS
Any unpaved open space on a lot together with the area between
the lot line and the curb or improved portion of any public way.
[Amended 3-23-2004]
The Public Works/Utilities Committee of the
Village Board shall have jurisdiction to monitor compliance with the
provisions of this chapter. It may employ a forester or designate
a municipal employee to perform the duties of forester under § 27.09,
Wis. Stats., and exercise the powers granted by the Board under this
chapter.
[Amended 5-28-2007; 2-24-2014]
A. Intent and purpose of chapter: to declare Dutch elm disease, elm
bark beetles, Emerald Ash Borer, and oak wilt public nuisances.
(1) Whereas, the Village Board has determined that there are many elm
Trees growing on public and private premises within the Village, the
loss of which would substantially depreciate the value of public and
private property, impair the use and enjoyment of public and private
premises and erode the tax base of the Village. The health and life
of these Trees is threatened by a fatal disease known as "Dutch elm
disease," which is spread by the elm bark beetles Scolytus multistriatus
(Eichb.) or Hylurgopinus rufipes (March). The Village Board hereby
declares its intention to control and prevent the spread of Dutch
elm disease and the insect pests and vectors that carry such disease
and declares Dutch elm disease and the elm bark beetles that carry
such disease to be public nuisances.
(2) Whereas, the Village Board has determined that there are many oak
Trees growing on public and private premises within the Village, the
loss of which would substantially depreciate the value of public and
private property, impair the use and enjoyment of public and private
premises and erode the tax base of the Village. The health and life
of these Trees is threatened by a fatal disease known as "oak wilt
disease," which is spread by Nitidulid beetles. The Village Board
hereby declares its intention to control and prevent the spread of
oak wilt disease and the insect pests and vectors that carry such
disease and declares that oak wilt disease and Nitidulid beetles that
carry such disease are public nuisances.
(3) Whereas, the Village Board has determined that there are many ash
Trees growing on public and private premises within the Village, the
loss of which would substantially depreciate the value of public and
private property, impair the use and enjoyment of public and private
premises and erode the tax base of the Village. The health and life
of these Trees is threatened by an extremely aggressive exotic insect
known as Agrilus planipennis Fairmaire or Emerald Ash Borer. The Village
Board hereby declares its intention to control and prevent the spread
of Emerald Ash Borer by any current method.
B. Abatement of Hazardous or Public Nuisances; duty of
Forester.
(1) Whenever the Forester, after inspection, reasonably
determines that a public nuisance, as herein defined, exists on public
property in the Village, the Forester shall immediately abate or cause
the abatement of such nuisance in such manner as to destroy or prevent
as fully as possible the spread of Dutch elm disease, oak wilt and
any vectors which would carry these diseases and any ash Trees with
Emerald Ash Borer.
[Amended 5-28-2007]
(2) When the Forester reasonably determines that a public
nuisance exists upon private premises, the Forester shall immediately
serve or cause to be served, personally or by registered mail, an
abatement notice. The abatement notice shall be served on the owner
of such property, if the owner can be found, or otherwise upon the
occupant thereof. If the owner or occupant cannot be found, such notice
shall be given by publication in a newspaper of general circulation
in the Village. The abatement notice shall be in writing and shall:
[Amended 5-28-2007; 2-26-2013]
(a)
Describe the nuisance and recommended procedures
for its abatement; and
(b)
State that the owner shall abate the nuisance,
at the owner's expense, within 14 days of the date of the notice unless,
within 10 days of the date of the notice, the property owner requests
a hearing before the Director of Public Works to show that such nuisance
does not exist or does not endanger the health of elm Trees, oak Trees
or ash Trees in the Village.
(3) Should
the property owner request a hearing before the Director of Public
Works to show that such nuisance does not exist or does not endanger
the health of elm Trees, oak Trees or ash Trees in the Village, a
hearing before the Director of Public Works shall be scheduled, not
less than 14 days after service of such written notice, on the abatement
action to be taken. The decision of the Public Works Director may
be appealed to the Public Works Committee within 10 days of the Public
Works Director’s decision. Decisions of the Public Works Committee
such appeal shall be final.
[Added 2-26-2013]
(4) If the Director of Public Works determines that a
public nuisance exists following a hearing under this section, the
property owner shall abate the nuisance as directed within 10 days
after such hearing. The Forester may extend the time allowed the property
owner for abatement work for not more than 10 additional days.
(5) If abatement does not occur in the time allotted,
the Forester shall proceed to abate the nuisance by means of a court
order with the assistance of the Village Attorney.
(6) Any person violating this chapter shall, in addition
to performing abatement, be subject to a forfeiture for each day of
each violation.
C. Spraying or other treatment.
(1) Whenever the Forester shall determine that any elm
Tree or part thereof is infected with Dutch elm disease fungus, or
is in a weakened condition and harbors elm bark beetles, the Forester
may spray or otherwise effectively treat with an elm-bark-beetle-destroying
concentrate all elm Trees within a one-thousand-foot radius of the
infected Tree.
(2) In order to facilitate the work and minimize the inconvenience
to the public of any spraying operation conducted under this chapter,
the Forester shall give advance public notice of such operation by
public media, public service announcements or other effective means
and shall post appropriate warning notices in the areas and along
the streets where Trees are to be sprayed at least 24 hours in advance
of spraying. When any residue or concentrate from municipal spraying
operations is likely to be deposited on any public street, the Forester
shall also notify the Chief of Police, who shall take all necessary
steps to make and enforce temporary parking and traffic regulations
on such streets as conditions require. Temporary "No Parking" notices
shall be posted in each block of any affected street at least 24 hours
in advance of spraying operations.
(3) When warning notices and temporary "No Parking" notices have been given and posted in accordance with Subsection
C(2) of this section, the Village shall disallow any claim for damages to any vehicle caused by such spraying operations.
(4) When Trees on private property are to be sprayed, the Forester shall notify the owner or occupant of such property and proceed in accordance with the requirements of Subsection
B of this section.
[Amended 4-26-2005; 7-26-2005]
A. Any person who does any of the following acts within the Village shall be subject to a penalty as provided in §
1-16 of this Code, except that the forfeiture shall not be less than $100:
(1) Transports any diseased wood on which the bark has
not been Removed for resale to any address in Elm Grove.
(2) Interferes with or prevents any acts of the Forester
or his or her agents or employees while they are engaged in the performance
of duties imposed by this chapter.
(3) Permits any public nuisance as defined in this chapter
to remain on any premises owned or controlled by him or her when ordered
by the Forester to abate such nuisance.
B. Any person or entity violating any of the provisions of §
266-6C,
D,
E or
F shall be subject to a penalty as provided in §
1-16 of this Code.
[Amended 2-26-2013]
C. It shall be an offense for any person, property owner to do themselves,
or to employ or authorize or direct any third party or entity to Remove
a Public Tree without having first obtained a Tree Removal Permit,
if so required under the provisions of this chapter.
[Added 2-26-2013]
D. It shall
be an offense for any person to undertake a Tree Impact Activity that
is not undertaken in strict conformity with the terms and conditions
of a Tree Removal Permit.
[Added 2-26-2013]
E. A separate
offense shall be deemed to have been committed for each Public Tree
Removed without a Tree Removal Permit or in violation of a Tree Removal
Permit.
[Added 2-26-2013]
F. Any person or legal entity owning, occupying or controlling land located in the Village who shall fail to comply with an order of the Village Weed Commissioner to destroy regulated vegetation thereon within five consecutive days of receipt of such order shall be subject, in addition to a special charge for abatement, to a penalty as provided in §
1-16 of this Code for offenses within a twelve-month period.
[Amended 2-26-2013]