[HISTORY: Adopted by the Town Board of the Town of Ledgeview 7-20-2021 by Ord. No. 2021-07. Amendments noted where applicable.]
A.
Having determined that a well-managed urban forest provides many
benefits to the Town, its residents and visitors, it is hereby declared
to be the policy of the Town of Ledgeview, Wisconsin, to regulate,
finance and control the planting, removal, maintenance, and protection
of trees and shrubs upon or in all public areas of the Town in order
to:
(1)
Promote and enhance the aesthetics and general welfare of the Town.
(2)
Eliminate and guard against dangerous conditions which may result
in injury to persons using the public areas of the Town.
(3)
Prevent damage to any public sewer, water main, street, sidewalk,
trail, or other public property.
(4)
Protect trees and shrubs in public areas from undesirable and unsafe
planting, removal, maintenance, and protection practices.
(5)
Protect all trees and shrubs from the damaging effects of construction,
alteration, or repair of utility facilities and other improvements
in any public area.
(6)
Guard all trees and shrubs, both public and private, within the Town
against the spread of disease, insects, or pests.
B.
The provisions of this chapter shall apply to all trees and shrubs
presently or hereafter planted in or upon any public area; and also
to all trees and shrubs presently or hereafter planted in or upon
any private premises which shall endanger the life, health, or safety
of persons or property.
A.
Due to the complex nature and often conflicting interrelationships
between living plants, such as trees, shrubs and turf, and public
improvements, such as streets, sidewalks, and underground facilities,
it is recognized that there is a need to manage both plants and improvements
in a manner that will minimize conflict and maximize the benefits
to be realized from each.
B.
Therefore, it is hereby declared to be the intent of the Town of
Ledgeview, Wisconsin, that there shall exist at all times a policy
of open communication and coordination between the various departments
and divisions of Town government regarding the management, installation
and maintenance of the plants or improvements for which they are each
responsible.
In this chapter, unless the context clearly requires otherwise,
the following words and phrases shall be defined as follows:
The area defined by the outermost circumference of a tree
canopy where water drips from and onto the ground.
Any tree with structural defects likely to cause failure
of all or part of the tree which could strike a target.
Includes all operations of trimming, pruning, spraying, injecting,
fertilizing, treating, bracing, cabling and cutting any tree or shrub
above or below ground.
Written permission from the Town Forester to perform maintenance and protection on any public tree or shrub, or do construction (as defined in § 72-11) in the vicinity of any public tree or shrub. Any permit may include specifications which shall be complied with and any special provisions applicable to the purpose of the permit.
Any individual, firm, partnership, association, corporation,
or government entity.
Includes all public ways, parks, and other lands owned, controlled,
or leased by the Town.
Any tree or shrub as herein defined presently or hereafter
planted in or upon any public area.
Includes all public streets, roads, boulevards, median strips,
alleys, trails, and sidewalks.
A strip of land occupied or intended to be occupied for a
special use, dedicated to the public by the maker of the plat on which
such right-of-way is established and providing safe and orderly points
of access at fairly uniformly spaced intervals.
A woody plant, usually with multiple stems branched at or
near the base, reaching a height of less than 12 feet.
Any public tree presently or hereafter located in the right-of-way
between the curb and public sidewalk, or between the curbs of a median
strip, or in the equivalent location with respect to future curb,
sidewalk, or median strips where such curbs or sidewalk are not yet
installed.
Turf and uniformly planted trees located between the back
of curb and sidewalk or the back of curb and the property line, whichever
condition exists, and within the street right-of-way.
The cutting of large-diameter branches at a point between
lateral shoots, thereby leaving stubs and resulting in substantial
size reduction and destruction of the natural form and shape of a
mature tree.
The Town of Ledgeview, Wisconsin.
The person designated by the Town under § 72-5 of this chapter or his/her duly authorized representative designated to perform inspection or otherwise enforce the provisions of this chapter.
A woody plant, usually with a single stem unbranched at the
base, reaching a height of 12 feet or more.
A zone of protected space surrounding any public tree extending from the topmost branch or leader downward to a distance of 36 inches below the surrounding ground surface level. The radial dimension from the center of the tree to the outermost horizontal limit of the zone is determined by the diameter of said tree as measured at 4 1/2 feet above ground surface level, and is further defined in the Urban Forest Specifications Manual as adopted in § 72-6 of this chapter.
The aggregate of all trees, shrubs and other woody vegetation
in the Town of Ledgeview.
The Town of Ledgeview Parks, Recreation and Forestry Committee shall function as the Town of Ledgeview Urban Forestry Board and shall operate according to the guidelines set forth in this chapter and as set forth in § 2-16 of the Town of Ledgeview Code of Ordinances. The Parks, Recreation and Forestry Committee, serving as the Urban Forestry Board, upon request, shall hear all issues of disputes which arise between the Town and any such person whenever those issues involve matters or the interpretation or enforcement of the Urban Forest Specifications Manual, urban forestry plans and programs or of the interpretation or enforcement of this chapter.
A.
The Town Forester, subject to the direction of the Urban Forestry
Board, shall have the following general powers and duties:
(1)
To direct, manage, supervise, and control the Town's forestry
program to include the planting, removal, pruning, maintenance, and
protection of all trees and shrubs in or upon all public areas of
the Town; to supervise Town personnel and private contractors in the
planting, removal, pruning, maintenance, and protection of said trees
and shrubs.
(2)
To cause the provisions of this chapter to be enforced.
(3)
To guard all trees and shrubs within the Town against the spread
of plant diseases, insects or pests; to eliminate conditions which
may endanger the life, health, or safety of persons or property.
(4)
To use all available means of communication to inform the public
concerning the forestry program and tree and shrub care. The Town
Forester shall, upon request by the owner or occupant of private property,
examine and recommend the proper care or treatment of trees or shrubs
to be effected by the owner at his expense.
(5)
To implement and direct a Town Urban Forestry Management Plan.
(6)
Such other duties as are provided by the laws of Wisconsin.
B.
The Town Forester shall have the authority to plant, remove, maintain,
and protect all public trees and shrubs or cause such work to be done
as may be necessary to preserve the beauty of public areas and to
protect life and property.
C.
The Town Forester, or his/her authorized representative, shall have the authority to enter upon private property, excluding any buildings thereon, at reasonable times for the purposes of inspecting or abating suspected public nuisance trees or shrubs as defined in § 72-8 of this Code. All nuisance trees and shrubs to be removed pursuant to § 72-8 of this Code may be appropriately marked by the Town Forester.
The most recent version of the following documents, each in
its entirety, are hereby adopted and made a part of this chapter upon
passage:
A.
Town of Ledgeview Urban Forest Specifications Manual.
B.
ANSI A300, American National Standard for Tree Care Operations -
Tree, Shrub and Other Woody Plant Maintenance - Standard Practices.
C.
ANSI Z133, American National Standard for Arboricultural Operations
- Safety Requirements.
D.
ANSI Z60.1, American Standard for Nursery Stock.
A.
Purpose and plan. The Town Forester and Tree Board shall recommend
to the Town Board of Supervisors a plan for the orderly planting of
trees in the terraces or boulevards along Town streets to reduce conflicts
between trees and other public use of streets, to facilitate care
of the trees, and to make the Town a more attractive place in which
to live. The plan shall take into consideration the recommendations
of the Urban Forestry Management Plan and Urban Forest Specifications
Manual (Manual) when determining species, size, and location of trees.
B.
New subdivisions tree planting. The Town shall require street trees
for all new subdivisions in the Town. The cost of planting street
trees will be at the expense of the developer. The number and location
of each tree, species, and size of stock shall meet the design standards
in the Manual and shall be approved by the Town Forester.
C.
Planting of trees when streets are urbanized or reconstructed. When
streets are fully reconstructed, new street trees shall be planted
if, in the opinion of the Town Forester or designee, there is adequate
land in the terrace or boulevard to reasonably support tree growth.
The cost of planting street trees will be included and considered
part of the street urbanization or reconstruction cost. The number
and location of each tree, species, and size of stock shall meet the
design standards in the Manual and shall be approved by the Town Forester.
D.
Planting of trees along established streets. When, in the opinion
of the Tree Board, and per the design standards in the Manual, the
terrace or boulevard of any established street consisting of a paved
surface, curb and gutter, and sidewalk can be improved by planned
tree planting, the Town may plant or cause to be planted such trees.
The Tree Board will make a recommendation to the Town Board regarding
how the trees and associated costs will be paid for.
E.
Planting of replacement trees. When trees are removed for death or
illness of the tree or the abatement of a nuisance, replacement trees
shall be planted if, in the opinion of the Town Forester, the terrace
or boulevard will reasonably support tree growth. The cost of replacing
these trees will be at the expense of the Town. The number and location
of each tree, species, and size of stock shall meet the design standards
in the Manual and shall be approved by the Town Forester.
F.
Resident street tree planting program. The Town of Ledgeview shall
provide a street tree planting program for residents who wish to have
street trees in the terrace area of their property. The planting program
will be offered in the spring and/or fall and runs concurrent with
other seasonal plantings. The Town will make available applications
for participation in the program on a first-come-first-served basis.
Property owners shall be required to pay for the wholesale cost of
the tree at the time of application, and the Town shall pay for and
contract the street tree installation.
G.
Public tree planting. Any owner of property adjacent to an established
street may plant a street tree(s) in the terrace upon acquisition
of a forestry permit from the Town Forester. A forestry permit must
be completed, approved, and on file from the Town Forester in which
the number, species, location, and size of the tree(s) shall be designated.
All costs of such planting shall be borne by the property owner.
H.
Planting along unimproved streets. Trees shall not be planted within
the Town-owned right-of-way along unimproved streets, or those streets
consisting of a rural cross section and ditch drainage system (without
curb and gutter) and/or lacking a paved surface such as asphalt or
concrete.
A.
The Town Board hereby declares any of the following to be a public nuisance and therefore subject to abatement pursuant to Subsection C of this section:
(1)
Any tree or shrub, or part thereof, located upon any public or private
property suffering from a communicable disease or insect infestation
which threatens the health of the urban forest.
(2)
Any dead or dying tree, or part thereof, located upon public or private
property which, by reason of location, constitutes an imminent danger
to the health, safety, or welfare of the general public.
(3)
Any hazardous tree, or part thereof, located on public or private
property within the Town when such tree constitutes a hazard to life
or property in any public area.
(4)
Any tree, shrub, or other plant or portion thereof, whether located
on public areas or on private property, which obstructs the free passage
of pedestrian or vehicular traffic or which obstructs a street sign
on Town property.
(5)
Any tree, shrub or other plant or portion thereof, whether located
on public areas or on private property, which dangerously obstructs
a clear sight window for traffic operations as determined by the Town
Forester pursuant to this chapter.
(6)
Any tree, shrub or other plant or portion thereof, whether located
on public areas or on private property, which is or will be impacted
as a result of a publicly funded construction project.
B.
Public nuisances prohibited. No person shall permit any public nuisance as defined in Subsection A of this section to remain in or upon any premises owned or leased by that person within the Town.
C.
Abatement.
(1)
Public areas. Whenever the Town Forester shall find on examination
that a public nuisance as herein defined exists upon any public area,
he/she shall immediately cause such nuisance tree, shrub, or part
thereof to be treated, pruned, removed, or otherwise abated in such
a manner as to destroy or prevent the spread or continuance of the
nuisance. The manner in which the nuisance shall be abated shall be
determined by the Town Forester.
(2)
Private property. If the Town Forester shall determine with reasonable
certainty upon inspection or examination that any nuisance tree or
shrub as herein defined exists in or upon any private property within
the Town, he/she shall notify the owner of such property, or his/her
agent, in writing, that said nuisance tree or shrub must be treated,
pruned, removed, or otherwise abated. Said written notice shall specify
the nature and exact location of the nuisance, the manner in which
the nuisance shall be abated, and the time limit in which the nuisance
shall be abated, which shall not be less than 15 days after issuance
of said notice unless the Town Forester shall determine that immediate
action is necessary for the public safety, in which case the Town
Forester is empowered to cause immediate abatement of the nuisance.
(3)
Abatement by the Town. If the owner of such private property, or
his/her agent, shall refuse or neglect to comply with the terms of
the written notice within the time specified, the Town Forester shall
cause the public nuisance to be abated and shall report the expense
thereof to the Town Clerk, who shall enter it as a charge against
the property upon which the nuisance is located. No damage shall be
awarded to the owner for the destruction of trees or shrubs pursuant
to this section.
A.
Injury to public trees and shrubs prohibited. No person shall, without
written permission from the Town Forester, do or cause to be done
any of the following:
(1)
Secure, fasten, or run any rope, wire, sign, electrical installation
or other device or material to, around or through any public tree
or shrub except in an emergency, such as a storm or accident.
(2)
Break, injure, mutilate, deface, kill, or destroy any public tree
or shrub.
(3)
Top or make topping cuts on any public tree.
(4)
Permit any toxic chemical, gas, smoke, oil, or other injurious substance
to seep, drain, or be emptied upon or about any public tree or shrub.
Routine winter street maintenance by proper authorities is exempt
from this provision.
(5)
Excavate any ditch, tunnel, or trench, or lay any drive, sidewalk,
trail or other impermeable surface, within the tree protection zone
of any public tree or shrub.
(6)
Erect, alter, repair, raze, or excavate within the tree protection
zone of any public tree or shrub without placing suitable guards approved
by the Town Forester around such trees and shrubs which may be injured
by such operations.
(7)
Remove any guard, stake, or other device or material intended for
the protection or support of any public tree or shrub.
(8)
Place any earth fill, rock, trash, or other material within the tree
protection zone of any public tree or shrub which may compact or prevent
the entry of air and water to the root zone.
B.
Corner visibility/vision corner. No tree, shrub, hedge or other vegetation shall be permitted to grow in a manner so as to interfere with corner visibility as defined in § 79-3 and § 135-11P(4)(c) of this Code.
C.
Obstruction of signs, signals and travel. All trees and shrubs located
upon any public way or upon any private premises adjacent to the public
way shall be kept pruned so as to provide adequate clearance height
above the traveled portion of a public street and/or sidewalk/trail.
The Town Forester may waive the provisions of this section for newly
planted or naturally low-profile trees if he/she determines that they
do not interfere with public travel, obstruct the light of any streetlight,
obstruct the view of any traffic sign or signal, or endanger public
safety.
A.
Permit required. No person shall plant, remove, prune or protect
any public tree or shrub, or cause such work to be done, without obtaining
a written permit from the Town Forester.
B.
Application and approval. Any person desiring to plant, remove, maintain
or protect any public tree or shrub shall apply, in writing, to the
Town Forester for a permit to do such work. Such application shall
specify the location and description of the proposed work. If the
Town Forester determines that the proposed work is necessary and in
accord with the purposes of this chapter, taking into account the
safety, health, and welfare of the public, location of utilities,
public sidewalks, trails, driveways and streetlights, general character
and aesthetic quality of the area in which the tree or shrub is located
or proposed to be located, and the soil conditions and physiological
needs of the tree or shrub, he/she shall issue a permit to the applicant.
C.
Permit form; expiration; compliance; inspection. Permits shall be issued by the Town Forester on the standard form for this purpose and shall include a description of the work to be done and shall specify the genus, species, variety, size, grade, and location of trees or shrubs to be planted, if any. Any work done under such permit shall be performed in strict compliance with the terms thereof and with the arboricultural specifications and standards set forth under § 72-6 of this chapter and with § 94-18 of this Code for plantings. The Town Forester may inspect all work performed pursuant to this section. Permits issued under this section shall specify an expiration date not to exceed six months after the date of issuance.
D.
Permit exemptions. No permit shall be required to water, fertilize
or mulch any public tree or shrub or to take the necessary action
to guard the public safety or clear the public way in the event of
a storm, accident or other emergency.
A.
CONSTRUCTION
(1)
(2)
(3)
PUBLIC TREE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The installation, alteration, repair, replacement or relocation
of any of the following:
Any street, curb, sidewalk, trail, pavement, streetlight, traffic
signal or other surface structure.
Any underground utility distribution and service facility, including
water pipe, sanitary and storm sewer, gas pipeline, electric power
and communication wire, cable, conduit, duct and associated vaults,
manholes, pull boxes; and any irrigation facilities.
Any overhead wire, cable and associated support structure.
As defined in § 72-3 of this chapter, shall be extended to include any tree located on private property adjacent to a public area, with any part of the tree protection zone of such tree extending into the public area.
B.
Specifications. The Town of Ledgeview Urban Forest Specifications Manual, a separate document as adopted in § 72-6 of this chapter, shall by reference or inclusion be made a part of any permit issued pursuant to this section and also be made a part of any contract for construction in any public area.
C.
Permit required. No individual person, firm, partnership, association, corporation or government entity, except as provided in Subsection F of this section, shall do or cause to be done any construction as herein defined within the dripline of any public tree in the Town prior to issuance by the Town Forester of a valid right-of-way/easement permit.
D.
Permit
application; plan review; approval. Any person proposing to do construction
work in the dripline of a public tree shall apply, in writing, to
the Town Forester for a permit to do such work. Such application shall
specify the location and description of the proposed work and the
estimated start and completion dates. A complete copy of the construction
plans shall be provided along with said application. If, upon review
of the construction plans and any supplemental information provided
by the applicant, the Town Forester determines that the work is necessary
and can reasonably be expected to progress in compliance with all
forestry specifications and conditions, he/she shall issue the permit.
E.
Permit
form; expiration; compliance; inspection. Permits shall be issued
by the Town Forester on the standard form for this purpose. The permit
shall specify the forestry specifications and any special conditions
or requirements to be satisfied in connection with the work. Permits
issued under this section shall specify an expiration date not to
exceed 12 months after the date of issuance. The Town Forester shall
inspect the work in progress on a regular basis to ensure compliance
with the terms of the permit.
F.
Permit exemption. No permit shall be required for construction proposed by any department or division of Town government; however, all other provisions of this section shall apply. Any contract entered into between any Town department or division and a contractor for hire shall contain the construction specification provisions of Subsection B of this section. Any Town employee performing construction work under this subsection shall also comply with the provisions of Subsection B of this section.
Any person who violates this chapter shall, upon conviction, be subject to the forfeiture amount in the forfeiture schedule of the Town of Ledgeview, § 1-16. In addition, if as a result of the violation of any provisions of this chapter the injury, mutilation or death of a tree, shrub or other plant located on Town property is caused, the cost of repair or replacement of such tree, shrub or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the most recent edition of A Guide to Plant Appraisal by the International Society of Arboriculture.
A person who receives an order from the Town Forester and objects
to all or part thereof may, within 10 days of receipt of order, notify
the Town Forester, in writing, of the nature of the objection and
request to be placed on the agenda of the next scheduled Park, Recreation
and Forestry Committee/Urban Forestry Board meeting. The Urban Forestry
Board may elect to schedule a meeting sooner than the next scheduled
meeting if it deems necessary. The Urban Forestry Board may affirm,
cancel, or modify the order, in its discretion, to best conform such
order to the intent of this chapter. The decision of the Urban Forestry
Board shall become final after it is reviewed by the Town Board.
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional by
reason of any decision of any court of competent jurisdiction, such
decision will not affect the validity of any other section, subsection,
sentence, clause, phrase or portion thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses, phrases
or portions thereof may be declared invalid or unconstitutional.
