City of Fox Lake, WI Trees and Shrubs

The Common Council has empowered the City Forester to plant, transplant, remove, trim, treat and otherwise care for and protect all trees, shrubs and plants on all public lands not specifically delegated to other City boards, all to ensure public safety and to preserve and enhance the beauty of such public lands.

Public lands under the jurisdiction of the City Forester include but are not limited to all lands within the lines of all public streets and alleys in the City, more specifically the terrace strip between the lot line and curb or improved portion of any public street or alley.

The Common Council is empowered to require landowners to remove, trim or treat specified trees, shrubs or plants under certain conditions and to prohibit the planting of certain trees or tree species, shrubs or plants on private lands within the City of Fox Lake.

BOULEVARD OR TERRACE AREAS

Any contractor planting trees, shrubs, or any plantings following a public improvement project shall comply with the Department of Natural Resources specifications as to such plantings as set forth in the technical guide used by the City Forester.

[Added 4-21-1998]

§ 441-2 Definitions.

Whenever the following words or terms are used in this chapter, they shall be construed to have the following meanings:

The land between the normal location of the street curbing and sidewalk. Where there is no curb and gutter, the area four feet from the curbline shall be deemed to be a boulevard for the purpose of this chapter. "Boulevard" shall have the same meaning as "terrace." Where there are no sidewalks, the area four feet from the curb shall be deemed boulevard areas under this chapter.

CITY FORESTER

The Common Council shall designate a City Forester or assign such duties to a City employee.

EVERGREEN TREE

Any woody plant normally having one stem or trunk and bearing foliage in the form of needles and crowns which extend from ground level throughout its entire height.

MAJOR ALTERATION

Trimming a tree beyond necessary trimming to comply with this chapter.

PERSON

Person, firm, association or corporation.

PUBLIC AREAS

All public parks and other lands owned, controlled or leased by the City except the terrace areas.

PUBLIC NUISANCE

Any tree or shrub or part thereof which, by reason of its condition, interferes with the use of any public area; 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.

PUBLIC TREES AND SHRUBS

All trees and shrubs located or to be planted in or upon public areas.

SHRUB

Any woody vegetation or a woody plant having multiple stems and bearing foliage from the ground up.

TREE

Any woody plant normally having one stem or trunk bearing its foliage or crown well above ground level to heights of 16 feet or more.

§ 441-3 Authority to enter private premises.

The City Forester or his authorized representative may enter upon private premises at all reasonable times for the purpose of examining any tree or shrub located upon or over such premises and carrying out any of the provisions of this chapter. If a request to inspect such trees or shrubs is denied by the person responsible for the property, an inspection warrant may be obtained pursuant to § 66.0119, Wis. Stats.

§ 441-4 Interference prohibited.

No person shall interfere with the Common Council or its authorized representatives while they are engaged in carrying out any work or activities authorized by this chapter.

§ 441-5 Abatement of tree disease nuisances.

Dutch elm, oak wilt and other tree diseases a public nuisance. The Common Council has determined that there are many trees growing on public and private premises within the City, 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 City, and that the health and life of such trees are threatened by fatal diseases such as oak wilt or Dutch elm disease, which is spread by the elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.). The Common Council hereby declares its intention to control and prevent the spread of such diseases and the insect pests and vectors which carry such diseases and specifically declares Dutch elm disease and the elm bark beetles which carry such disease to be public nuisances.

Definitions. As used in this section, unless otherwise clearly indicated by the context, the following terms shall have the meanings indicated:[1]

PUBLIC NUISANCE

Dutch elm disease.

Elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.).

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.).

Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm-bark-beetle-destroying concentrate.

(5)

Any other deleterious or fatal tree disease.

(6)

Any tree or part thereof which by reason of its condition and location is hazardous or dangerous to persons and property using or upon any public street, sidewalk, alley, park or other public place, including the terrace strip between curb and lot line.

(7)

Any tree or part thereof which is infested by the eastern tent caterpillar or other defoliating larvae.

PUBLIC PROPERTY

Owned or controlled by the City, 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.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Inspection.

The City Forester shall inspect or cause to be inspected all premises and places within the City to determine whether any tree disease nuisance exists thereon.

Whenever necessary to determine the existence of Dutch elm disease or elm bark beetles or other tree disease in any tree, the person inspecting such tree shall remove or cut specimens from the tree in such manner as to avoid fatal injury thereto and deliver such specimens to the City Forester who shall forward them to the Wisconsin Department of Agriculture, Trade and Consumer Protection at Madison for analysis to determine the presence of such nuisances.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The City Forester or his/her agents shall have authority to enter upon private premises at reasonable times for the purpose of carrying out any of the provisions of this section.

Abatement of nuisances.

The City Forester shall order, direct, supervise and control the abatement of tree disease nuisances as defined in this section by spraying, removal, burning or by other means which he determines to be necessary to prevent as fully as possible the spread of Dutch elm disease fungus, other deleterious tree diseases or the insect pests or vectors known to carry such diseases.

Whenever the City Forester after inspection or examination shall determine that a public nuisance as herein defined exists on public property in the City, he/she 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, other deleterious tree diseases, or the inspect pests or vectors known to carry such disease fungus.

Private premises.

(a)

When the City Forester shall determine with reasonable certainty that a public nuisance exists upon private premises, he/she shall immediately serve or cause to be served personally or by certified mail upon the owner of such property, if he/she can be found, or upon the occupant thereof, a written notice of the existence of such nuisance and of a time and place for a hearing before the City Forester, not less than 10 days after service of such notice, on the abatement action to be taken. Such notice shall describe the nuisance and recommend procedures for its abatement and shall further state that unless the owner shall abate the nuisance in the manner specified in the notice, or shall appear at the hearing to show that such nuisance does not exist or does not endanger the health of trees in the City, the City Forester shall cause the abatement thereof at the expense of the property served. If the owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the City.

(b)

If, after hearing held pursuant to this subsection, it shall be determined by the City Forester that a public nuisance exists, he/she shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within five days after such hearing, the City Forester shall proceed to abate the nuisance and cause the cost thereof to be assessed against the property in accordance with the procedures provided in this section. The City Forester may extend the time allowed the property owner for abatement work but not to exceed 10 additional days.

Spraying.

Whenever the City Forester shall determine that any tree or part thereof is infected with a deleterious or fatal tree disease or is in a weakened condition or harbors elm bark beetles, he/she may cause all trees within a one-thousand-foot radius thereof to be sprayed with an effective disease-destroying concentrate or other insecticide.

In order to facilitate the work and minimize the inconvenience to the public of any spraying operations conducted under this section, the Forester shall cause to be given advance public notice of such operations by newspaper, radio, television, public service announcements or other effective means and shall also cause the posting of 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 appropriate warning notices and temporary "No Parking" notices have been given and posted in accordance with Subsection E(2) of this section, the City shall not allow any claim for damages to any vehicle caused by such spraying operations.

When trees on private property are to be sprayed, the Forester shall notify the owner of such property and proceed in accordance with the requirements of Subsection D(3).

§ 441-6 Planting of trees and shrubs.

Responsibility.

The size and genus, species and variety of trees and shrubs to be planted in terraces, tree banks and boulevards and the manner of planting shall be submitted to the City Forester for approval before commencement of such work. All planting, maintenance and trimming of trees in terraces shall be the responsibility of the individual property owners.

In addition to private individuals planting trees in any public terrace, the City may also plant trees under a comprehensive tree replacement program.

Tree sizes. The City Forester shall prepare and maintain lists of tree species desirable for planting in boulevards according to their normal mature height:

Large trees: over 40 feet;

Medium trees: 25 to 40 feet; and

Small trees: 15 to 25 feet.

Planting size.

All large or medium trees, when planted, shall be at least eight feet high and have a minimum trunk diameter of 1 1/2 inches at a point six inches above the ground.

All small trees, when planted, shall be least five feet high and have five or more branches.

Location.

There shall be a distance of 40 to 50 feet between terrace area trees depending upon the size of tree and other factors. Terrace trees shall be planted equal distance between the sidewalk or proposed sidewalk and back of the curb or proposed back of curb. In terrace areas less than three feet wide, planting will not be permitted. Terrace area trees shall be a minimum of 25 feet from an intersection.

Small-sized trees shall be planted at least five feet from driveways and large- or medium-sized trees shall be planted at least 15 feet from driveways. Trees shall also be planted at least 10 feet from curb box/water shutoffs.

Evergreen trees or shrubs shall not be planted in a terrace area.

It shall be unlawful to plant or maintain shrubbery, ground cover or other plants not considered to be a deciduous leaf tree within terrace areas whose growth is in excess of eight inches in height above the top of the nearest curb.

(5)

Tree grates shall be provided for terrace trees surrounded by concrete by the adjacent property owner and shall be level with adjacent concrete.

Minimum opening to be maintained. Unless otherwise provided for in a written permit from the City Forester, there must be at least nine square feet of open ground about the base of each tree three inches in diameter one foot above the ground, and for each two inches of increase in such diameter there must be an increase of at least one foot of open ground around each such tree.

Permitted species. Only trees from the following approved listing or other trees approved by the City Forester shall be planted in a public terrace strip (between curb and sidewalk). Trees are listed by their commercial name and grouped by suitability for various terrace strip widths. The mature height is given following the name so that consideration can be given in cases where overhead wires are present.

	Terrace Strip Width; Permitted Species	Mature Height
	4 Feet +
	Globe Norway Maple	16 feet
	Almira Norway Maple	16 feet
	Amur Maackia	20 feet
	Japanese Tree Lilac	20 feet
	Anise Magnolia	20 feet
	Callery Pear	20 feet
	Toba Hawthorne	20 feet
	Lavalle Hawthorne	20 feet
	Washington Hawthorne	20 feet
	Rancho Sargent Cherry	25 feet
	Hop Hornbeam	25 feet
	Olmsted Columnar Norway Maple	30 feet
	Mountain Ash	30 feet
	Scanlon Red Maple	35 feet

	6 Feet +
	Manchurian Bird Cherry	20 feet
	Frau Louise Dittman Crabapple	20 feet
	Flame Crabapple	25 feet
	Double Flowered Mazzard Cherry	30 feet
	Sargent Cherry	30 feet
	Mongolian Linden	30 feet
	Wineleaf Sycamore Maple	30 feet
	Tilford Red Maple	35 feet
	Littleleaf Linden	40 feet
	Amur Corktree	45 feet
	Chinese Pearleaf Crabapple	20 feet
	Ruby Red Horsechestnut	25 feet
	Seneca Sugar Maple	25 feet
	Rancho Littleleaf Linden	25 feet
	Golden-Leaf Sycamore Maple	25 feet
	Pyramidal Sycamore Maple	25 feet
	Globe Blue Ash	25 feet
	Pyramidal European Ash	30 feet
	Manchurian Ash	30 feet
	Cleveland Norway Maple	30 feet
	Schwedler Norway Maple	30 feet
	Pyramidal European Hornbeam	35 feet
	Columnar Sugar Maple	45 feet

	8 Feet +
	Kobus Magnolia	20 feet
	Dolgo Crabapple	30 feet
	Redbug Maple	45 feet

	10 Feet +
	Liset Crabapple	20 feet
	Shakespeare Crabapple	20 feet

Certain species restricted. No person shall plant within the City of Fox Lake any female tree of the species Populus deltoides, commonly called the cottonwood, or any tree commonly called the seed-bearing box elder or Acer negundo, which may now or hereafter become infested with box elder bugs, and such trees are hereby declared a nuisance. Any person having any such trees on his/her premises shall cause the same to be removed.

Unlawfully planted trees. Trees, plants or shrubs planted within any terrace or planting easement without the authorization and approval of the City Forester may be removed. The City Forester shall notify the abutting owner in writing, listing the unlawfully planted trees, plants or shrubs, ordering their removal, and establishing a reasonable time within which such removal shall be accomplished. In the event that removal is not accomplished within the time specified, the City may remove such trees, plants or shrubs and assess the costs thereof to the owner.

§ 441-7 Trimming of trees and shrubs.

To ensure long-lived, high-quality shade trees, shaped for maximum aesthetic appreciation, and to prevent interference with traffic and utility wires, all newly planted trees in public areas, including terraces, shall be trimmed and shaped for five years after planting.

When trimming (pruning) is done by professionals, all trees in public areas, including boulevards, shall be trimmed according to current technical specifications of the National Arborist Association and current safety specifications of the American National Standard for Tree Care Operations, ANSI Z133.1, and shall be OSHA approved. The City recognizes the trimming specifications in the publication "Pruning Trees Near Electric Utility Lines" by Alex Shigo, former Chief Scientist and Pioneering Progress Leader, U.S. Forest Service, copyright 1990, or the most recent, as the standards for trimming in the City. Current publications and specifications are available from the office of the Village Forester.[1]

It shall be the duty and responsibility of all property owners adjacent to any public right-of-way or public area, excluding center boulevards, to maintain all trees and shrubs encroaching on such public areas trimmed (pruned), according to the provisions of Subsections C and D noted below.

In residential areas the trimming (pruning) of trees on street boulevards/terraces adjacent to a residence is the duty and obligation of the owner. Specifications and procedures are available from the office of the City Forester.

The City will maintain all trees, shrubs and lawns on all center boulevards.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Trees and shrubs standing in or upon any boulevard/terrace, public area, or upon any private premises adjacent to any public right-of-way or public areas shall be kept trimmed so that the lowest branches projecting over the public street or alley provide a clearance of not less than 14 feet. The City Forester may waive the provision of this subsection for newly planted trees if it is determined that they do not interfere with public travel or endanger public safety. The City shall have the right to trim any tree or shrub in the City when it interferes with the safe use of streets or sidewalks or with the visibility of any traffic control.

Clearance from the sidewalk to the lower branches shall not be less than 10 feet. All trees standing upon private property in the City, the branches of which extend over the line of the street, shall be trimmed (pruned) so that no branches shall grow or hang over the line of the sidewalk lower than 10 feet above the level of the sidewalk.

All cuts above one inch in diameter shall be treated with a tree wound compound (consult City Forester).

Trimming or pruning of more than 2/3 of the crown of a public area tree shall be considered to be a major alteration and shall require a permit from the City Forester.

§ 441-8 Trees and shrubs obstructing intersections or traffic signs.

Notwithstanding any other provision of this chapter, no person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more streets or alleys in the City any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection.

It is unlawful for any person to plant, cause to grow, allow to grow or maintain any trees, bushes, shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign or driveway approach to a street in the City. It shall be the duty of every owner of such tree, bush, shrubbery or vegetation to remove such obstruction.

Any shrub, tree or other plant which obstructs the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel, and the City Forester may order, by written notice, the owner or occupant of any private place or premises on which there stands a tree or shrub which unreasonably interferes with or encroaches upon the street or sidewalk to take such steps as are necessary to remove such interference. If such owner or occupant fails, within 10 days of receipt of notice, to take such necessary steps, the City Forester shall order City employees to remove the interference. The cost of removing the interference shall be levied and collected as a special tax upon the property upon which or in front of which such tree or shrub stands.

Any person who is an owner or occupant or firm or corporation failing to obey the written notice of the City Forester as specified in Subsection C above shall, upon conviction thereof, be subject to a forfeiture as established in § 1-4 of this Code.

§ 441-9 Removal of trees and stumps.

Dangerous, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the City Forester shall find to be infected, hazardous or a nuisance so as to endanger the general public or other trees, plants or shrubs growing within the City or to be injurious to sewers, sidewalks or other public improvements, whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The City Forester shall give written notice to said owner to remedy the situation which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days as determined by the City Forester on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limited, the City Forester shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the City Treasurer, who shall thereupon enter such cost as a special charge against the property.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Removal standards. In cutting down trees located in public and terrace areas, the tree must be removed with the root stump grubbed out or ground out to a depth of at least nine inches below grade measured as a straight line, normal grade of sidewalk to top of curb. All wood and debris must be removed from the street prior to the end of each working day and all holes shall be filled to normal grade level with topsoil as soon as practicable. The abutting property owner shall have a right of first refusal to keep the wood, provided that such wood is not diseased.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Private removal. No person, firm, organization or corporation shall plant, injure, trim, remove or destroy any tree or shrub located in or upon any public place until a permit shall have been issued by the City Forester. Such permit shall be issued only when the removal, trimming or cutting of the tree or shrub is necessary, as determined by the City Forester, because of disease, damage, hazardous condition, and/or location, or its location is such that substantial detriment is done to the property upon which the tree or shrub stands, or property abutting the same. Such permit shall expressly state the premises upon which the tree stands and the location of the tree thereon.

§ 441-10 Prohibited acts.

Damage to trees or shrubs. No person shall, without the consent of the owner in the case of a private tree or shrub or without written permit from the City Forester in the case of a terrace-area tree, public tree or shrub, perform or cause to be performed by others any of the following acts:

Secure, fasten or run any rope, wire sign, unprotected electrical installation or other device or material to, around or through a tree or shrub.

Break, injure, mutilate, deface, kill or destroy any tree or shrub or permit any fire to burn where it will injure any tree or shrub.

Permit any toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub or place cement or other solid substance around the base of the same.

Remove any guard, stake or other device or material intended for the protection of a public tree or shrub or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer.

(5)

Attach any sign, poster, notice or other object on any tree or fasten any guy wire, cable, rope, nails, screws or other device to any tree, except that the City may tie temporary "No Parking" signs to trees when necessary in conjunction with street improvement work, tree maintenance work or parades.

(6)

Cause or encourage any fire or burning near or around any tree.

(7)

Except with a written permit from the City Forester, place or maintain upon the ground any stone, brick, cement or other impervious substance in such manner as may obstruct the free access of air or water to the roots of any tree, shrub or plant in or upon any public way or public place.

Excavations. All trees on any parkway or other publicly owned property near any excavation or construction of any building, structure or street work shall be sufficiently guarded and protected by those responsible for such work as to prevent any injury to said trees. No person shall excavate any ditches, tunnels or trenches or install pavement within a radius of 10 feet from any public tree without a permit from the City Forester.

Interference with Forester. No person shall:

Interfere with or prevent any acts of the City Forester or his/her agents while he is engaged in the performance of duties imposed by this section.

Refuse to permit the City Forester or his/her representative to enter upon his/her premises at reasonable times to exercise the duties imposed by this section.

Permit any public nuisance to remain on any premises owned or controlled by him when ordered by the City Forester to abate such nuisance.

§ 441-11 Appeals. [1]

Any person who receives a determination or order under this chapter from the City Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Chapter 7 of this Code, to the Common Council within seven days of receipt of the order, and the Common Council shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing, the Common Council may reverse, affirm or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The Common Council shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Council shall file its written decision with the City Clerk.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 441-12 Recovery of costs.

Assessment. The entire cost of planting, removal, spraying, trimming or treatment of trees, shrubs and plants in front of or upon any lot or parcel of land abutting on any public way may be chargeable to and assessed upon such lot or parcel of land.

Account to be kept. The City Forester shall keep a strict account of the cost of planting, removal, trimming or treating of any tree, shrub or plant in front of or on each lot or parcel of land abutting any public way and prior to the 10th day of November in each year shall make a report to the City Treasurer of all work done for which assessments are to be made, stating and certifying the description of land, lot, parts of lots or parcels of land abutting on any public way in which any such work shall have been done and the amount chargeable to each piece of property. The City Treasurer at the time of making the annual report to the Common Council of the lots or parcels of land subject to special assessments shall include therein the lots or parcels of land so reported during the preceding year.[1]