[HISTORY: Adopted by the Common Council of the City of Arcadia 11-8-2012 by Ord. No.
169. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Arcadia Tree Regulation,
Evaluation and Enforcement (TREE) Ordinance" of the City, and will
be referred to in this chapter as "this code" or as the "Tree Ordinance."
B.
Purpose. The purpose of this code is to promote the planting, maintenance
and protection of trees, shrubs, and other non-noxious plants within
the City and to promote the proper siting of such plants and trees
for the safe utilization of pedestrian and bicycle paths as well as
roadways in the City.
C.
Scope. The scope of this chapter includes authority over all trees,
plants, and shrubs located within street rights-of-way, parks, recreational
districts, and public places of the City, and over trees, plants,
and shrubs located on private property that constitute a public nuisance
as defined herein.
A.
Creation. There is hereby created and established a Tree Board which
shall consist of five members who shall be appointed by the Mayor
subject to the approval of the Common Council, along with a voting
Common Council member, who shall be designated by the Mayor subject
to the approval of the Common Council. At least one member shall be
appointed from each aldermanic ward in the City.
B.
Terms of office.
(1)
Immediately upon their appointment and confirmation, the members
shall be divided into three classes: Class A shall have one member,
Class B shall have two members, and Class C shall have two members.
The member of Class A shall serve for an initial term of one year.
Members of Class B shall serve for an initial term of two years. Members
of Class C shall serve for an initial term of three years. Thereafter,
members shall serve staggered three-year terms. Notwithstanding the
foregoing, the Common Council member shall serve only during that
Common Council member's term on the Common Council.
(2)
In the event that a vacancy shall occur during the term of any member,
his or her successor shall be appointed by the Mayor and subject to
the approval of the Common Council for the unexpired portion of the
term. The Board shall select from among its members a Chair, a Vice
Chair, a Secretary, and a Treasurer, and a Volunteer Coordinator,
none of whom will be the Common Council member.
C.
Compensation. Members of the Tree Board shall serve without compensation.
D.
Duties and responsibilities. It shall be the responsibility of the
Tree Board to study, investigate, consider, and develop and update
annually and administer a written plan for the care, preservation,
pruning, planting, replanting, removal or disposition of trees and
shrubs in public places. Such plan shall be presented annually to
the Mayor and Common Council and upon their acceptance and approval
shall constitute the official comprehensive Tree Plan for the City.
The Tree Board shall provide annually, by the last day in September,
a proposed budget to the Mayor and Common Council for their review
and consideration for the next budget year.
E.
Officers and meeting minutes. The Tree Board shall choose its own
officers, make its own meeting rules, and provide meeting minutes
to the City Clerk-Treasurer for record keeping. Annual election of
officers will be held during the May meeting of the Board. Meetings
will be held not less than every other month with a posted agenda,
a Treasurer's report, a reading and approval of the previous meeting's
minutes, and a proposed annual budget prepared and submitted to the
Mayor by September 30 of each year. The specific duties and powers
shall be as follows:
(1)
The Chair will call meetings, call each meeting to order, provide
an agenda and post said agenda in accordance with Wisconsin law, and
preside at meetings. The Chair shall vote only in the case of a tie
vote amongst the other members of the Board voting on the question.
(2)
The Vice Chair will perform the duties of the Chair in the absence
of the Chair, solicit donations, and perform such other duties assigned
by the Board.
(3)
The Secretary will keep minutes of all meetings and all correspondence,
copies of which will be kept at City Hall.
(4)
The Treasurer will submit all vouchers to the City Clerk-Treasurer
for payment of bills. Such bills must be approved by Board by a simple
majority for transaction of business.
(5)
Three members shall constitute a quorum of the Board.
(6)
The Volunteer Coordinator will serve as liaison between the City
and the School District of Arcadia and any company that provides volunteers
for Board activities.
(7)
Annual observance of Arbor Day and annual Mayor's Proclamation will
be coordinated with the Mayor's office through the Council representative.
(8)
The Tree Board will provide annual reports to the Common Council,
and the Council representative shall deliver such reports to the Common
Council.
F.
Interference with Tree Board. It shall be unlawful for any person
to prevent, delay, hinder, or interfere with the Tree Board or any
of its agents while engaging in and about the planting, cultivating,
mulching, pruning, spraying, or removing of any street trees or park
trees or any trees on private grounds as authorized by this chapter.
The Mayor or his/her designee may request or impose a twenty-four-hour
stop-work-order if there is a dispute with anyone in relationship
to the activities of the Tree Board.
As used in this chapter, the following terms shall have the
meanings indicated:
The City of Arcadia, a Wisconsin municipal corporation.
A tree of a species that normally reaches a height of 30
feet or more upon maturity.
A tree of a species that normally reaches a height of more
than 15 feet and less than 30 feet upon maturity.
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and all areas owned by the City or to
which the public has free access as a park. Park trees shall include
those species of trees identified as such in a resolution to be adopted
by the Common Council, as the same may be amended from time to time.
A tree, shrub, bush or other woody vegetation with an infectious
disease or insect problem, dead or dying trees, a tree limb that obstructs
streetlights or traffic signs, a tree or tree limb that interferes
with visibility of traffic on City streets and sidewalks or the free
passage of pedestrians or vehicles, or a tree that poses a threat
to safety.
Boulevards, street rights-of-way, parks, recreational districts,
and public places of the City or to which the public has free access
as a park.
A tree of a species that normally reaches a height of less
than 15 feet upon maturity.
Trees, shrubs, bushes, and all other woody vegetation on
land lying within the right-of-way of all streets, avenues, or ways
within the City. Street trees shall include those species of trees
identified as such in a resolution to be adopted by the Common Council,
as the same may be amended from time to time.
The Board established by § 349-2 of this chapter.
The plan adopted by the Tree Board for the planting, protecting,
and harvesting of trees in the City.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so as
to remove the tree's normal canopy and disfigure the tree.
In new subdivisions or when a development or redevelopment of
commercial property occurs, the Tree Board will receive and review
landscaping plans and may require park trees to be planted in any
parks and street trees to be planted in any of the streets, boulevards,
parking lots, or any other public places abutting lands henceforth
developed, redeveloped, or subdivided.[1]
A.
Spacing.
(1)
The spacing of street trees shall be in accordance with the three
species size classes listed in this code.
(a)
Small trees being planted shall be spaced not less than 30 feet
apart, except in parks or in special plantings designed or approved
in writing by a landscape architect or tree nursery.
(b)
Medium trees being planted shall be spaced not less than 40
feet apart, except in parks or in special plantings designed or approved
in writing by a landscape architect or tree nursery.
(c)
Large trees being planted shall be spaced not less than 50 feet
apart, except in parks or in special plantings designed or approved
in writing by a landscape architect or tree nursery.
(2)
Spacing for other trees shall be established by resolution of the
Common Council, after recommendation by the Tree Board, as the same
may be amended from time to time. A copy of the latest resolution
of the Common Council shall be made available to the public by the
Clerk-Treasurer.
B.
Location.
(1)
Intersections, traffic concerns and fireplugs/fire hydrants. No trees
shall be planted nearer than two lateral feet to the nearest portion
of the back of the curb of any street to provide maximum line of sight
for drivers of automobiles and trucks. The City Tree Board may require
greater distances based on size of trees when fully mature. No street
tree or park tree shall be planted closer than 10 lateral feet to
any fire hydrant.
(2)
Utilities. No tree other than those species listed as small trees in Subsection A may be planted under or within 10 lateral feet of any overhead utility wire or over or within five lateral feet of any underground waterline, sanitary sewer line, storm sewer line, transmission line, or other utility.
(3)
Sidewalks and curbs. The distance that trees may be planted from curbs or curblines and sidewalks will be in accordance with the classes listed in Subsection A, and no trees shall be planted closer to the curb, curbline, or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet. Notwithstanding the foregoing, small trees shall not be planted in a boulevard less than four feet in width and then only in the center of the boulevard; medium trees shall not be planted in a boulevard less than six feet in width and then only in the center of the boulevard; and large trees shall not be planted in a boulevard less than eight feet in width and then only in the center of the boulevard.
A.
City rights.
(1)
The City or its designee or agent shall have the right to plant,
prune, maintain, and remove trees, plants, and shrubs within the right-of-way
of all streets, alleys, avenues, lanes, courts, squares, and public
grounds, as may be necessary to ensure public safety or to preserve
or enhance the symmetry and beauty of such public grounds.
(2)
The City shall have the right to enter onto private property on which
is located a tree, shrub, plant, or plant part that is suspected of
constituting a public nuisance and prune any tree or shrub on private
property when it interferes with the proper spread of light along
the street from a streetlight, or with any utility pole or wire, or
with the visibility of traffic or of any traffic control device or
sign.
B.
Cause for removal of trees. The Tree Board or its designee or agent shall have the right to enter onto private property on which is located a tree, shrub, plant, or plant part and may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines, or other public improvements, or constitutes a public nuisance. This subsection does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of trees are in accordance with § 349-5 of this code.
C.
Dead or diseased trees. The City, the Tree Board or the designee
or agent of either shall have the right to enter onto private property
on which is located a tree, shrub, plant, or plant part that is suspected
of constituting a public nuisance and to cause the removal of any
dead or diseased tree on private property within the City, when such
trees constitute a public nuisance. The Tree Board or its agent shall
notify in writing the owners of such trees not less than 48 hours
prior to such entry. Removal shall be done at said owner's expense
payable within 30 days after the date of service of notice. In the
event of failure of owners to comply with such provisions, the City
shall charge the cost of removal on the property tax roll for the
property on which the tree is located. The City shall give notice
to the property owner of the cost of such removal no later than September
15 of each year and, if the property owner fails to pay such amount
by October 15 of that year, the City Clerk-Treasurer shall place the
cost thereof on the property tax roll for the property on which the
tree is located.[1]
D.
Tree topping. Tree topping shall be prohibited except for trees severely
damaged by storms or other causes or certain trees under utility wires
or other obstructions where other pruning practices are impractical.
This determination shall be made by the Tree Board by consultation
with the Utility Department(s) when utilities are the issue or concern.
E.
Removal of stumps. All stumps of street trees and park trees shall
be removed below the surface of the ground so that the top of the
stump shall not project above the surface of the ground. Any area
disturbed by such removal shall be filled with acceptable soil or
dirt and grass seed planted.
A.
It shall be a violation of this chapter for any person to abuse,
destroy, or mutilate any tree, plant, or shrub in a public place,
or to attach or place any rope, wire (other than one used to support
a young or broken tree), sign, poster, handbill, or other things to
or on any tree growing in a public place, or to cause or permit any
wire charged with electricity to be placed or attached to any such
tree, or allow any gaseous, liquid, or solid substance which is harmful
to such trees to come in contact with the roots, trunks, limbs, branches,
or leaves of such trees.
B.
If a complaint is made to the City concerning the safety or harming
of trees, it shall be made in writing and given to the Tree Board
for consideration and investigation. The Tree Board shall make findings,
report and recommend to the City Common Council upon any complaint,
special matter or question coming within the scope of its work.
C.
The Tree Board shall provide written notification to the owners of
any vegetation determined to be a public nuisance, setting forth the
determination of public nuisance. In any such notification to owners
the following shall be included:
D.
The City shall have the authority to remove any vegetation determined
to be a public nuisance and may do so at owner expense. Any expenses
related to abatement of noncompliance issues may be placed on the
real estate property tax rolls for nonpayment of abatement-incurred
expenses.
This chapter shall be enforced by the Tree Board, the Common Council of the City, or a law enforcement officer of the City. Any person, firm, or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit an amount established pursuant to § 349-9 of this chapter for each violation, together with any court costs, assessments and fees imposed upon civil forfeiture citations under Wisconsin law. Each day during which a violation continues shall constitute a separate offense. Each tree planted or maintained in violation of this chapter shall constitute a separate offense.
A.
Fees shall
be determined and established by resolution of the Common Council
for the City and shall, from time to time, be modified by resolution.
All resolutions establishing such fees shall be published after adoption
as a Class 1 notice. A schedule of fees shall be made available for
review by the general public. This schedule of fees shall include
damage and replacement costs for all street trees and park trees.
Damage costs shall include the removal of any damaged tree, including
grinding or other stump removal techniques. All costs shall be assessed
to any person, firm, or corporation damaging a street tree or a park
tree within the City.
B.
Any person
violating any portion of this chapter shall be subject to a forfeiture
of not less than $25 nor more than $200 plus the cost of prosecution
and in default of the payment thereof shall be confined to the county
jail for a period of not to exceed 30 days. Each day a violation occurs
is considered a separate offense.
Upon conviction of violating any portion of this chapter, any
person shall have the right to appeal such conviction in accordance
with Wisconsin law. The Common Council may also review any conduct,
acts, or decisions made by the Tree Board.
