This article provides full power and authority over all trees,
plants and shrubs located within street right-of-way, parks and public
places of the Village and to trees, plants and shrubs located on private
property which shall threaten the life, health, safety or welfare
of the public or of any public areas.
As used in this article, the following terms shall have the
meanings indicated:
EVERGREEN TREE
Any woody plant normally having one stem or trunk and bearing
foliage in the form of needles and crowns which extend from the ground
level throughout its entire height.
FORESTER
A person designated by the Village Manager and authorized
to carry out provisions of this article.
MAJOR ALTERATIONS
Pruning a tree beyond necessary pruning, the result of which
is to stress or deform the structure of the tree.
MEDIAN
The nonpaved areas between two portions of a street, the
two portions being utilized for traffic in opposite directions, said
nonpaved area containing vegetation, trees or shrubs.
PARKWAY AREAS
The land between the normal location of the street curbing
and sidewalk.
PERSON
Any person, firm, partnership, legal representative, association
or corporation.
PUBLIC AREAS
Includes all public parks and other lands owned, controlled
or leased by the Village.
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 Dutch Elm disease or injurious to public improvements; or endangers
the life, health, safety or welfare of persons or property in the
Village.
PUBLIC PROPERTY
Property owned or controlled by the Village, including without
limitation because of enumeration, public sites, parks, playgrounds,
streets, alleys, sidewalks, boulevards and parkway strip between the
lot line and the curb or improved portion of any public way.
SHRUBS
Any woody plant vegetation or 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.
[Amended by Ord. No. 1600]
A. Purpose. The Village Board hereby states its determination that the
planting, care and protection of the trees within the Village is desirable
for the purposes of beauty, shade, comfort, noise abatement and economic
betterment and hereby encourages all persons to assist in a program
of tree planting, care and protection.
B. Tree planting program. The Village Forester shall recommend to the
Village Board a program for tree planting, care and protection of
trees and shrubs on public areas within the Village.
C. Planting.
(1) Any person proposing to plant trees or shrubs in public areas shall first have the size and genus, species and variety of trees and shrubs, and the manner of planting submitted to the Village Forester for approval before commencement of such work, pursuant to §
7-15.
(2) There shall be a recommended distance of 30 feet to 50 feet between
parkway area trees depending upon the size of the tree and other factors,
as determined by the Village Forester. Parkway trees shall be planted
equal distance between the sidewalk and back of the curb or proposed
back of curb. In parkway areas less than three feet wide, planting
will not be permitted. Parkway area trees shall be a minimum of 35
feet from an intersection.
(3) Evergreen trees shall not be planted in a parkway area, unless specifically
authorized by the Village Forester.
D. Unlawfully planted trees.
(1) No trees, plants or shrubs shall be planted within any parkway or
public area without the authorization and approval of the Village
Forester.
(2) The 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 Village may remove such trees, plants or shrubs
and assess the costs thereof to the owner.
(3) No person shall plant, set out or maintain shrubbery in violation of §
9-2D(4) of Chapter
9, Public Nuisances, of the Municipal Code of the Village of Whitefish Bay.
[Amended by Ord. No. 1107]
A. Public nuisance. The Village Board declares the following to be a
public nuisance:
(1) Any living or dead standing elm tree or part thereof infested with
an elm tree disease.
B. Inspection of trees. The Village Forester shall periodically cause
to be made an inspection of all elm trees, firewood, logs, twigs and
branches within the Village on private or public property and make
a report to the Village Board of all infected or diseased trees.
C. Infected or diseased trees or dead elm wood. Whenever the Village
Forester shall find any diseased or infected elm tree, dead elm wood,
dead branches or twigs:
(1) On public property, he shall remove and destroy such infected or
diseased tree, dead elm wood, dead branches or twigs on elm trees.
(2) On private property, he shall immediately give to the owner or occupant
of said premises 30 days' written notice to remove or destroy
such diseased or infected elm trees, dead elm wood, dead twigs or
branches of elm trees, and if such notice is not complied with within
the thirty-day period, he may cause such diseased or infected elm
tree, dead elm wood, dead twigs or branches of elm trees to be removed
and destroyed. The costs of such removal and destruction of elm trees,
dead elm wood, dead twigs or branches or elm trees on private property
to be billed and collected from the owner of said property, and if
said costs are not paid within 30 days after billing, then said costs
shall be reported to the Village Clerk-Treasurer, who shall enter
the amount against the respective real estate in the next and subsequent
tax roll as special charges against said real estate, and the same
shall be collected in all respects like other Village taxes. The Village
Forester may, for valid reason, grant an extension beyond the thirty-day
period.
D. Treatment of elm trees. A property owner with prior approval of the
Village Forester as to method and chemical may, at the owner's
expense, inoculate, inject or treat a parkway or public elm tree for
the prevention of the elm disease.
E. Transporting infected trees, etc. No person shall keep, store, sell,
offer for sale, give away, transfer or transport into or within the
Village of Whitefish Bay, any elm tree, elm firewood, branch, stump,
log or other elm material which is infected or diseased.
F. Pruning of elm trees on public property. Any Village resident may
request from the Village Forester permission to prune any elm tree
located on public property if such tree is adjacent to his property,
and the Village Forester may authorize such tree pruning, provided:
(1) Said resident employs an arborist enrolled upon the Village Foresters
list of qualified arborists; and
(2) Said resident pays the entire cost therefor.
G. Qualified list of arborists. The Village Forester is authorized to
prepare and maintain a list of arborists, who must show sufficient
qualification to trim and prune trees and file with the Village a
certificate of insurance for adequate coverage of personal injury
and property damage as determined by the Village Manager.