Chapter 331 Trees

Creation. There is hereby created a position of Tree Commissioner. The position of Tree Commissioner shall be by annual appointment and Board ratification.

Powers and duties. The Commissioner shall, subject to the supervision and control of the Village Board and except as herein provided, have jurisdiction, direction, authority, control and supervision over all trees, vines, hedges and other plants planted and growing in and upon Village-owned property and that part of every street, the grade of which has been established lying between the lot line and the curb; trees, vines, hedges and other plants on any property which may in any way affect public property or the public welfare; and for the planting, care, maintenance, protection and removal thereof. The Commissioner shall have the authority to make such rules and regulations as the Commissioner may deem applicable for carrying out the purposes of this section.

Trimming of branches. Trees standing in and upon any public street or place or upon any lot or land adjacent thereto and having branches projecting into the public street or place shall under the supervision of the Commissioner be kept trimmed by the owners or occupants of the property on or in front of which such trees are growing so that the lowest branches projecting over the public street or alley will provide a clearance of not less than 14 feet and over all other public places not less than 10 feet from the ground.

Planting of trees. No trees, except the types hereinafter named, shall be planted in or upon any public street or place. They shall be planted only after written permission has been received from the Commissioner, which permit shall state the name of the applicant, his address, the property on which the trees are to be planted and the type to be planted. No tree shall be planted where the distance between the outer line of the sidewalks and the curbline is less than five feet. The tree shall be planted equidistant between the curbline and the outer line of the sidewalk. The distance between trees shall be 25 feet and no tree shall be planted at the intersection of two or more streets within 12 1/2 feet of each intersection of the lot lines on any corner lot.

Permitted trees.

The following named trees and no others are recommended to be planted along the streets of the Village, namely: Schwedler maple (Acer platanoides Schwedleri), Norway maple (Acer platanoides), Sugar maple (Acer saccharum), Littleleaf linden (Tillia cordata), Ornamental pear (Pyrus spp.), Ornamental crab (Malus spp.), Honey locust (Gleditsia trancanthos, Skyline cultivar), European hornbeam, White ash (Fraxinus americana), Green ash cultivars, Ginkgo bicolor and Coffee tree (Gymnocladus dioicus).

In addition the following trees are also acceptable to be planted in the streets of the Village within the dedicated public right-of-way to include terraces: Red or scarlet maple (Acer rubrum), Scarlet oak (Quercus coccinea), Pin oak (Quercus palustris), Red oak (Quercus rubra), Swamp white oak (Quercus bicolor), disease-resistant elm (Almus) cultivars, Hackberry (Celtis occidentalis) and American beech (Fagus grandifolia), providing always, that the Commissioner shall have the right to allow planting of hybridized species or cultivars of the aforenamed trees. All of the foregoing named trees shall have a diameter of not less than 1 1/4 inches at a point three feet above the ground when planted.

When trees require replacement due to special circumstances, such as the need to replace trees lost due to weather-related damage, variances may be granted concerning tree size and species which may be planted to replace such trees. A written proposal for such variance shall be submitted to the Commissioner, who shall forward the proposal with the Commissioner’s comments to the Parks and Lakefront Committee. The Parks and Lakefront Committee shall forward the proposal, along with its recommendation, to the Village Board. The Village Board may approve the proposal as submitted or with modifications, or deny the proposal. If approved, the Commissioner shall issue a permit consistent with the action of the Village Board.

Treatment and removal of dangerous or infected trees.

Any tree, plant, shrub or part thereof, which the Commissioner, upon examination, shall find to be infected or hazardous so as to endanger the safety, health or welfare of the public or other tree, plant or shrub, or shall be damaging or likely to damage sewers, curbs, sidewalks or other public premises, shall be treated or removed by the owner or by the abutting property owner if such tree, plant, shrub or part thereof is located upon public right-of-way upon which such owner's property abuts. If the owner or abutting owner shall fail to remedy the situation upon receipt of a fourteen-day written notice, either personal or by publication from the Commissioner, the Village shall treat or remove such tree or part thereof. The Village official or employee shall keep a strict and accurate record of the labor and cost of treatment or removal of the tree or part thereof and report the same to the Clerk, who shall thereupon enter the cost of such treatment or removal of the tree or part thereof and charge the same against the owner or abutting property owner and the cost thereof shall be entered as a special charge against the property.

Any owner or abutting owner given a notice as provided above may, by a written notice to the Commissioner, postpone the treatment or removal of the tree or part thereof by the Village and such owner or abutting owner shall have the right to appeal the order in the notice he received at the next regular session of the Village Board. The determination of the Village Board upon appeal of the order in the notice to the owner or abutting property owner shall be final. No damage shall be awarded to any owner or abutting property owner for the destruction of a tree or part thereof under this section.

Interference with Commissioner prohibited. No person shall delay or interfere with the Commissioner or any of the Village employees following lawful directions of the Commissioner in compliance with orders previously stated.

§ 331-2 Tree removal.

[Amended 7-6-2021 by Ord. No. 2021-07; 2-19-2024 by Ord. No. 2023-11]

Purpose. The purpose of this section is to:

Promote the preservation and planting of trees in order to preserve the Village's character as a naturally wooded community.

Protect the waters of the state and Geneva Lake.

Preserve and enhance property values within the Village.

DIAMETER AT BREAST HEIGHT (DBH)

Generally, protect, promote, and enhance the quality of life, public health and safety and general welfare of the people in the Village.

Definitions. As used in this section, the following terms shall have the meanings indicated:

BUILDING ACTIVITY AREA

Upon issuance and for the duration of a building permit, the entire minimum area necessary for the construction of a principal structure, permitted accessory structures, driveway, utility installation or subsequent permitted additions to each. This area shall be defined by the Tree Commissioner at the time of the issuance of the tree removal permit and shall be the smallest possible area that permits the construction of the permitted building or improvement.

CLEAR CUTTING

The one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 30% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter).

Diameter at breast height, or DBH, is the standard for measuring trees. DBH refers to the tree diameter measured at 4.5 feet above the ground.

PROTECTED TREES

All trees six inches in diameter or larger measured at a point on the tree four feet above grade level shall be protected, and require a tree removal permit.

REPLACEMENT TREE

A tree of at least two inches' diameter measured at a point on the tree four feet above grade level that is maintained in a healthy condition and survives one year after planting. This tree shall be of a similar or higher quality than the tree it is replacing.

SHORELAND AREA

A strip of land 35 feet wide inland from Geneva Lake's ordinary high water mark (864.30 feet MSL elevation) or any navigable stream's ordinary high water mark.

STEEP SLOPE AREA

Any area of the Village where the slope exceeds 12%.

TREE PRESERVATION AREA

All areas in the Village in which trees are located.

TREE TOPPING

Inappropriate pruning technique to remove the top portion of the tree's main leader(s), resulting in an overall reduction in the tree's height, size and potential health or life expectancy.

Vegetation removal prohibited in shoreland or steep slope areas.

Vegetation removal is prohibited in the shoreland area. Natural shrubbery and all trees shall be preserved in the shoreland area. Where removed as a part of a landscaping plan approved by the Tree Commissioner, they shall be replaced with other vegetation or replacement trees that are equally effective in retarding runoff, preventing erosion and preserving natural beauty. Any shoreland area vegetation removal shall be done during the growing season and shall be stabilized and revegetated or seeded within a two-week period of removal so as to produce a vegetative cover. The approval of a tree removal permit by the Tree Commissioner shall be required prior to natural shrubbery and tree removal in the shoreland area (See also requirements in § 390-0822).

Vegetation removal prohibited in steep slope areas. Vegetation removal is prohibited in the Village where the slope exceeds 12%. As a part of a landscaping plan approved by the Tree Commissioner, vegetation may be removed, but shall be replaced with other vegetation or replacement trees that are equally effective in retarding runoff, preventing erosion and preserving natural beauty. Any steep slope vegetation removal shall be done during the growing season and shall be stabilized and revegetated or seeded within a two-week period of removal so as to produce a vegetative cover. The approval of a tree removal permit by the Tree Commissioner shall be required prior to natural shrubbery and tree removal in the steep slope area (See also requirements in § 390-0822).

Tree removal prohibited, exceptions and replacement trees.

Tree removal in tree preservation area prohibited. Except for the exceptions enumerated in the following Subsection D(2), it is prohibited to remove any protected tree or cause any trees to be removed from the tree preservation area of each lot.

No protected tree may be removed or trimmed that is located on public property, other than by the public property owner.

No protected tree may be removed or trimmed that is located on the property of another unless written consent is first obtained from the property owner and a tree removal permit is obtained.

No clear cutting of protected trees from a property shall be permitted

(d)

No tree topping of a protected tree shall be permitted.

Exceptions. This section may not apply to the Village of Williams Bay Department of Public Works, or any planned Village project whether on public or private property; however, applicability shall be determined on a case-by-case basis and each project shall be reviewed by the Village before beginning. Under the following conditions, trees may be removed from the tree preservation area after obtaining a tree removal permit from the Village Tree Commissioner:

Removal of the tree will enhance the tree preservation area, the health of the remaining trees or be consistent with good arboricultural or silvicultural practices.

Removal where said trees represent a danger to property or the health, safety or welfare of any person, or where said tree is dead, dying, diseased, severely damaged or injured to the extent that it is likely to die or become diseased.

Trees removed from the building activity area which is minimally necessary to undertake any permitted use by right, accessory use or approved conditional use.

(d)

The tree is an invasive species tree. An invasive species tree shall mean those species so designated on the most recent Wisconsin Department of Natural Resources published list of invasive tree species.

Replacement trees. Whenever possible and when in keeping with good arboricultural or silvicultural practices, replacement trees shall be planted for all removed trees that were not dead, dying, hazardous, or so unsafe, or unsound that they pose a safety risk to the general public. They may be planted in the tree preservation area or in the building activity area after the initial construction activities are completed. All replacement trees must be planted within 30 days of final grading and shall be determined as follows:

For a removed tree with a DBH of six inches to 20 inches: one replacement tree

For a removed tree with a DBH of 20 inches to 30 inches: two replacement trees.

For a removed tree with a DBH of 30 inches or larger: three replacement trees.

Tree protection during construction or land disturbance. Where any construction activity, land disturbance or tree removal is taking place on any property, or nearby any adjoining property, the following tree preservation methods and standards must be followed and must be shown in advance on any application for tree removal:

No construction activity, movement or placement of equipment or vehicles, placement of material or spoils or excess soil shall be placed inside the root zone and drip line of any protected tree on the property undergoing construction, as well as any adjoining property.

Temporary proactive fencing shall be installed outside of each protected tree's root zone and drip line, including trees on adjoining properties that may be affected. Said fencing shall remain in place during the entire time of construction, land disturbance or tree removal, and location shall be approved by the Village Engineer or Tree Commissioner.

Such other measures as may be required by the Village of Williams Bay depending on unique or unusual property conditions, tree locations or proposed construction activity or land disturbance.

Fee required. Whenever in this section the planting of replacement trees is required, as an alternative, a fee in the amount of $400 for each required replacement tree shall be made payable to the Friends of Kishwauketoe, Ltd. Any fee required shall be deposited with the Village Clerk prior to the tree permit being released. The Village Clerk will make a record of the fee, notify the Tree Commissioner, and forward the fee to the Friends of Kishwauketoe, Ltd. for the planting of replacement tree(s).

Public or utility easement tree trimming. Tree trimming on public rights-of-way, on public easements or on utility easement corridors in the Village shall be done in accordance with accepted arboricultural and silvicultural practices. Any person intending to conduct tree trimming on public rights-of-way, on public easements or on utility easement corridors must first obtain the written permission of the owner of the trees to be trimmed and the written permission of the Tree Commissioner prior to the commencement of such trimming.

Soil compaction and earthen stockpiling prohibited. It is prohibited to compact soil or stockpile earthen material within the dripline of any protected tree.

Management and care of removed trees or tree branches.

Removal. All trees and tree branches removed or trimmed pursuant to this section must be removed from the owner's property so as to not be allowed to rot or decay upon the property. Such removal is required with 10 days of cutting or trimming.

Exception for firewood. Trees and branches intended for use as firewood may be cut and neatly stacked upon lots or parcels of real estate in the Village.

Standards and appeals.

The Tree Commissioner shall comply with good arboricultural or silvicultural practices, and the requirements of all applicable ordinances of the Village of Williams Bay, in granting or denying any permission required of the Tree Commissioner in this section.

Any applicant objecting to any decision of the Tree Commissioner has the right to appeal the decision of the Tree Commissioner to the Village Board. The objecting person must deliver a written appeal to the Village Clerk during ordinary business hours, and within 30 days of the decision of the Tree Commissioner. The Village Clerk will place the appeal upon the agenda of the next available regularly scheduled Village Board meeting, taking into consideration any notice requirements of any relevant open meetings law. The Village Board will review the decision of the Tree Commissioner. Within 60 days of the submission date of the appeal, the Village Board will either affirm the decision of the Tree Commissioner or direct the Tree Commissioner to issue such permit with such conditions as may be appropriate.

§ 331-3 Threats to trees.

Intent and purpose; Dutch elm disease, elm bark beetles, oak wilt, gypsy moths and emerald ash bore declared public nuisances. The Village Board has determined that there are many 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 and that the health and life of such trees is threatened by a fatal disease. The Board hereby declares its intention to control and prevent the spread of such diseases and the insect pests and vectors which carry such disease and declares such diseases and insects to be public nuisances.

Village Tree Inspector. The office of Village Tree Inspector is hereby created to be filled by appointment by the Village President subject to confirmation by the Village Board. The Village Tree Inspector shall have the powers and perform the duties imposed by this section. He may also hold the office of Village Weed and Tree Commissioner. He shall work under the supervision of the Tree Commission.

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

PERSON

Person, firm or corporation.

Dutch elm disease.

Elm bark beetles.

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.

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)

Infestation of gypsy moths.

(6)

Oak wilt disease.

(7)

Infestation by emerald ash borer.

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.

Inspection.

The Village Tree Inspector shall inspect or cause to be inspected at least twice each year all premises and places within the Village to determine whether any public nuisance exists thereon. He shall also inspect or cause the inspection of any elm tree reported or suspected to be infected with the Dutch elm disease or any elm bark bearing material reported or suspected to be infested with elm bark beetles.

Whenever necessary to determine the existence of Dutch elm disease or elm bark beetles in any tree, the person inspecting such tree shall remove or cut specimens from the tree in such manner as to avoid permanent injury thereto and deliver such specimens to the Tree Inspector. The Tree Inspector shall forward them to the Wisconsin Department of Agriculture, Trade and Consumer Protection at Madison for analysis to determine the presence of such nuisances. He may, instead, submit the sample to the County Agent for analysis.

The Tree Inspector may enter upon private premises at reasonable times for the purpose of carrying out any of the provisions of this section.

Abatement of nuisances; duty of Tree Inspector.

The Tree Inspector shall order, direct, supervise and control the abatement of public 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 or the insect pests or vectors known to carry such disease fungus.

Whenever the Tree Inspector after inspection or examination shall determine that a public nuisance as herein defined exists on public property in the Village, he 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 or the insect pests or vectors known to carry such disease fungus.

When the Tree Inspector shall determine with reasonable certainty that a public nuisance exists upon private premises (or upon the terrace strip between the lot line and the curb), he shall immediately serve or cause to be served personally or by registered mail upon the owner of such property (or the abutting property), if he 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, not less than 14 days after service of such notice, on the abatement action to be taken.

Such notice shall describe the nuisance and recommended procedure 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 elm trees in the Village, the Tree Inspector shall cause the abatement thereof at the expense of the property served (or abutting property). If the owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the Village.

If after hearing held pursuant to this subsection it shall be determined by the Tree Inspector that a public nuisance exists, he shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within 24 hours after such hearing, the Tree Inspector 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 Tree Inspector may extend the time allowed the property owner for abatement work but not to exceed 10 additional days.

Spraying.

Whenever the Tree Inspector 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, he may cause all elm trees within a 1,000-foot radius thereof to be sprayed with an effective elm bark beetle destroying concentrate.

In order to facilitate the work and minimize the inconvenience to the public of any spraying operations conducted under this section, the Tree Inspector 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 any residue or concentrate from municipal spraying operation can be expected to be deposited on any public street, the Tree Inspector 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.

When appropriate warning notices and temporary "no parking" notices have been given and posted in accordance with Subsection F(2), the Village 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 Tree Inspector shall notify the owner of such property and proceed in accordance with the requirements of Subsection E(3).

Cost of tree care: special assessments.

The cost of abatement of a public nuisance at the direction of the Tree Inspector, if the nuisance is located on public property, shall be borne by the Village (except the cost of abating a public nuisance on the public street right-of-way which is the responsibility of the abutting homeowner).

The cost of abating a public nuisance or spraying elm trees or elm wood located on private premises when done at the direction and under the supervision of the Tree Inspector shall be assessed to the property on which such nuisance, tree or wood is located as follows:

The Tree Inspector shall keep a strict account of the cost of such work or spraying and the amount chargeable to each lot or parcel and shall report such work, charges, description of lands to which charged and names and addresses of the owners of such lands to the Village Board on or before October 15 of each year.

Upon receiving the Tree Inspector's report, the Village Board shall hold a public hearing on such proposed charges, giving at least 14 days' advance notice of the time, place and purpose of such hearing to interested persons by publication in a newspaper of general circulation in the municipality and by mail to the owner of each property proposed to be charged. Each property owner shall be notified of the amount proposed to be assessed against his premises and the work for which such charge is being made.

After the hearing, the Village Board shall affirm, modify or disapprove such assessments by resolution and shall cause a copy thereof to be published. Upon adoption and publication of such resolution, assessments made thereby shall be deemed final.

(d)

The Village Clerk shall mail notice of the amount of such final assessment to each owner of property assessed at his last known address, stating that unless paid within 30 days' of the notice, such assessment shall bear interest at the rate of 6% per annum and will be entered on the tax roll as a delinquent tax against the property, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such assessment.

(e)

The Village hereby declares that in making assessments under this section, it is acting under its police power and no damage shall be awarded to any owner for the destruction of any diseased or infested elm tree or elm wood or part thereof.

(f)

The amount chargeable against any parcel or lot in any year under this section shall not exceed 10% of the assessed value of the premises, exclusive of improvements as shown on the year's tax roll. The portion of any assessment in excess of such percentage amount shall be charged to the Village.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Prohibited acts and penalties. Any person who does any of the following acts within the Village shall upon conviction thereof be subject to a forfeiture as provided in § 1-4 of this Code:

Transports any bark bearing elm wood, bark or material on public streets or highways or other public premises without first securing the written permission of the Tree Inspector.

Interferes with or prevents any acts of the Tree Inspector or his agents or employees while they are engaged in the performance of duties imposed by this section.

Refuses to permit the Tree Inspector or his duly authorized representative to enter upon his premises at reasonable times to exercise the duties imposed by this section.