[Ord. No. 885, § I(Att.), 10-21-2014]
(a)
CLEAR CUTTING
TREE DIAMETER
Definitions. For the purposes of this section, the following words
and phrases, unless the context in which they are used clearly indicates
an intent to the contrary, shall be defined as follows:
The removal of all trees of greater than eight-inch diameter
from a lot over a two-year period, such diameter measured on the tree
at a point four feet above grade level.
The diameter of a tree measured at a point on the tree four
feet above grade level.
(b)
Tree removal control.
(1)
Purpose. The intent and purpose of this regulation is to preserve
the Village's character as a natural wooded community, to maintain
property values by improving and preserving the aesthetic appeal of
the Village through tree regulation, to preserve the natural resources
of the Village and state, to reduce the amount of erosion in the Village
due to tree removal, 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 Phantom Lake, the Mukwonago River
and the Fox River due to the erosion of land not protected by a naturally
wooded environment.
(2)
Clear cutting prohibited. The clear cutting of any lot within
the Village is prohibited except as provided in this section.
(3)
Limitations. Subject to the provisions of §§ 100-751 through 100-755, removal of trees of eight-inch diameter or greater shall be permitted as follows:
a.
In lots of one-quarter acre or less in size, up to 80% of such
trees per lot may be removed, except in the shoreland-wetland zoning
district and all floodplain zoning districts.
b.
In lots of more than one-quarter acre to one acre in size, up
to 60% of such trees per lot may be removed, except in the shoreland-wetland
zoning district and all floodplain zoning districts.
c.
In lots of more than one acre to 2 1/2 acres in size, up
to 40% of such trees per lot may be removed, except in the shoreland-wetland
zoning district and all floodplain zoning districts.
d.
In lots of more than 2 1/2 acres in size, up to 20% of
such trees per lot may be removed, except in the shoreland-wetland
zoning district and all floodplain zoning districts.
e.
In the shoreland-wetland zoning district and all floodplain
zoning districts, up to 10% of such trees per lot may be removed.
f.
Tree removal in excess of the percentage set forth above shall only be done upon issuance of a tree removal permit or under an exception set forth in § 34-3(b)(5).
(4)
Tree removal permit.
a.
A tree removal permit shall be obtained prior to the removal of any tree in excess of the percentage limitations set forth in § 34-3(b)(3)a — e.
b.
A tree removal permit shall be issued to a lot owner upon compliance
with the following requirements by each applicant owner:
1.
Submission of a completed application on a form provided by
the Village.
2.
Submission of a diagram of the lot showing location of all trees
in excess of eight-inch diameter; the location of all trees in excess
of eight-inch diameter to be removed, including those for which a
permit is required; and the location of all trees in excess of eight-inch
diameter removed in the past.
3.
Submission of a signed statement by the applicant that each
tree removed for which a permit is required shall be replaced by a
tree of not less than two-inch diameter prior to the removal of each
tree for which a permit is required and maintained continuously in
a healthy condition. Should the site plan not provide adequate space
for the planting of these trees, the Village may designate an alternative
site for planting of the trees.
4.
Submission of a forestry plan approved by the Village forester.
5.
By submitting a tree removal permit application, the applicant
is authorizing the Village forester to enter the lot to inspect and
verify information submitted with the application and diagram.
(5)
Exceptions.
a.
Trees of any size may be removed from a lot at any time regardless of any limitations set forth in § 34-3(b) where such trees represent a danger to property or the health, safety or welfare of any person, or where such tree is diseased or severely damaged.
b.
Trees of any size may be removed from a lot as minimally necessary
to undertake any permitted use by right, accessory use or approved
conditional use as set forth in the zoning district regulating the
lot.
(6)
Penalties. Any person violating any provisions of § 34-4(b)
shall be subject to a penalty of $500 per violation together with
any expenses which the Village may incur in enforcing any of the terms
or provisions of this section or enjoining any violations of this
section. Each tree removed in violation of this section shall be considered
a separate violation.
