[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as §§ 7.04, 7.045, 7.10 and 11.055 of
the 2011 Code. Amendments noted where applicable.]
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.
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.
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.
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 building
permit and shall be the smallest possible area that permits the construction
of the permitted building or improvement.
A tree of at least 1 1/2 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.
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.
The area of a lot not designated as the building activity
area where all trees six inches in diameter or larger measured at
a point on the tree four feet above grade level shall be preserved.
Purpose. The intent and purpose of this section is to preserve the
Village's character as a natural vegetated and wooded community, to
maintain property values by improving and preserving the aesthetic
appeal of the Village, to preserve the natural resources of the Village,
to reduce the amount of erosion in the Village, to protect the quality
of the waters of the State and the Village and to protect and promote
the health, safety and welfare of the people by minimizing the amount
of sediment and other pollutants carried by runoff to surface waters
due to the erosion of land not protected by a naturally vegetated
and wooded environment.
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 written permission of the Tree Commissioner
shall be required prior to natural shrubbery and tree removal in the
shoreland area.
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 to produce
a vegetative cover. The written permission of the Tree Commissioner
shall be required prior to natural shrubbery and tree removal in the
steep slope area.
Tree removal in tree preservation area prohibited. Except for the exceptions enumerated in the following Subsection D(2), it is prohibited to remove any tree or cause any trees to be removed from the tree preservation area of each lot. During construction, no equipment movement, construction or placement of equipment or material storage shall be permitted in the tree preservation area.
Exceptions. Under the following conditions, trees may be removed
from the tree preservation area after obtaining written permission
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.
Trees may be removed from a lot 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 may be removed from the building activity area as minimally
necessary to undertake any permitted use by right, accessory use or
approved conditional use.
Replacement trees. Whenever possible and when in keeping with good
arboricultural or silvicultural practices, replacement trees shall
be planted for all removed trees. 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.
Whenever
in this section the planting of replacement trees is required, as
an alternative, a donation in the amount of $250 for each required
replacement tree may be made to the Friends of Kishwauketoe, Ltd.
Any donation shall be deposited with the Village Clerk who will make
a record of the donation, notify the Tree Commissioner and forward
the donation to the Friends of Kishwauketoe, Ltd.
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 tree six inches or larger measured at a point on the tree four
feet above grade level.
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 30 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.
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.
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.
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.
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.
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 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.
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).
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.
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.
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.
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.
Permits any public nuisance to remain on any premises owned or controlled
by him when ordered by the Tree Inspector to abate such nuisance.
Except as otherwise provided in this chapter, any person who shall violate any provision, rule or order hereunder, upon conviction thereof, shall be subject to a penalty as provided in § 1-4 of this Municipal Code.