[HISTORY: Adopted by the City Council of the City of Edgerton by Ord. No. 19-06 (Ch. 32 of the 1993 Municipal Code). Amendments noted where applicable.]
A. 
This chapter establishes policies, regulations and standards necessary to insure that the community will continue to realize the benefits provided by its urban forest. Activities regulated include, but are not limited to:
(1) 
The planting, transplanting, removal, maintenance and protection of trees and shrubs within the City in order to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, sidewalks or other public property;
(2) 
To promote and enhance the beauty and general welfare of the City;
(3) 
To prevent damage to any public sewer, water main, street, sidewalk or other public property;
(4) 
To protect trees and shrubs located in public areas from undesirable and/or unsafe planting, removal, treatment and maintenance practices; and
(5) 
To guard all trees and shrubs within the City against the spread of disease or pests.
B. 
It is the intent of the City Council that the provisions of this chapter shall apply to all the trees, shrubs or plants growing in or upon any public right-of-way or other public lands and to all trees and shrubs within the boundaries of the City which may threaten the life, health, safety or welfare of the public or of any public area.
The following terms, as used in this chapter, shall be defined as follows:
PERSON
Includes an individual, firm, association or corporation.
PUBLIC AREA
All public ways, parks and other lands owned or leased by the City.
PUBLIC NUISANCE
Any tree or shrub or part thereof which, by reason of its condition, interferes with the use of public areas; is infected with a plant disease; infested with injurious insects or pests; injurious to public improvements; or which may endanger life, health, safety or welfare of persons or property, public or private.
PUBLIC TREE
Any tree located within a public right-of-way or upon any other lands owned or leased by the City whether acquired by lease, purchase, gift, dedication, condemnation or otherwise.
SHRUB
Defined as a deciduous or evergreen woody plant with an expected mature height of generally not more than 15 feet, with single or multiple trunks or multiple leaders.
TREE
Any woody plant usually with a single stem unbranched at the base, with an expected mature height of 15 feet or more.
TREE ADVISORY BOARD
The Board established under § 361-3 and charged with implementation of this chapter.
URBAN FORESTRY MANAGEMENT PROGRAM
A comprehensive plan including maintenance, new planting and budget with projections for long range implementation as recommended by the Tree Advisory Board and adopted by the City Council.
A. 
Creation and membership. The Edgerton Tree Advisory Board is hereby established to administer this chapter. The Tree Advisory Board consists of seven members. Of the members, one shall be an Alderperson and six shall be persons with relevant experience or significant contacts to the City of Edgerton (i.e., resident, business or property owner, a person employed within the City, or one with other significant contacts or knowledge). Each member shall have, to the highest extent practicable, a known interest in urban forestry. The Mayor shall appoint the Board members subject to confirmation by the City Council. Of the initial members so appointed, two shall serve a term of one year, two shall serve a term of two years, and three shall serve a term of three years. Thereafter, the term for each member shall be three years.
B. 
Powers and duties. The powers and duties of the Tree Advisory Board may include:
(1) 
Preparing and recommending to the City Council an Urban Forestry Management Plan, which shall include provisions for the planting, maintenance and protection of all public trees, and make recommendations for amendments thereto as the Tree Advisory Board shall determine appropriate from time to time;
(2) 
Serving in an advisory capacity to the City Council on all issues relating to public trees and shrubs located within street rights-of-way, parks, cemeteries, and other public places in the City, and to any other matter involving trees and shrubs that affect, or may affect, public areas;
(3) 
Preparing and maintaining an inventory of public trees and shrubs located in public areas within the City and on private property along streets where street trees cannot be planted due to site limiting factors;
(4) 
Recommending to the City Council rules and regulations for the protection and maintenance of public trees and shrubs located on public property, and to protect the public health, safety and welfare against dangers resulting from public nuisance trees or shrubs, including any regulations deemed necessary to protect against injury or damage caused by the spread of disease, insects or fungus;
(5) 
Identifying, improving and promoting desirable tree and shrub species within the City;
(6) 
Identifying and maintaining a list of tree and shrub species deemed to be nuisances due to their propensity to harbor pests or transmit diseases which endanger other trees or shrubs or the public health, safety and welfare. Any trees or shrubs so listed by the Board shall be deemed public nuisances within the meaning of this chapter and § 288-2;
(7) 
Applying for county, state, federal and private grant funds for the City's urban forestry program;
(8) 
Recommending such persons or firms who are qualified in urban forestry to assist with the City's urban forestry program;
(9) 
Providing a forum for, and encouraging, public comments on, City tree and shrub projects and the urban forestry program;
(10) 
Encouraging public participation in urban forestry practices and projects within the City and the surrounding extraterritorial area;
(11) 
Conducting an Arbor Day observance each year;
(12) 
Informing and educating City residents about the care of natural areas m their neighborhoods;
(13) 
Undertaking programs for education of the public with regard to the benefits of urban trees, the proper selection, planting and care of urban trees and other matters relating to urban forestry as it deems appropriate;
(14) 
Hearing appeals of public nuisance determinations and abatement orders made by the City Forester;
(15) 
Maintaining the "Tree City USA" status of the City;
(16) 
Providing plan review and technical assistance to the Plan Commission or any other board, committee or commission of the City upon request, and providing technical advice and assistance with respect to matters affecting the urban forest to the public on such terms and conditions as determined by the Board.
C. 
Limitation on regulations. The planting of any tree or shrub required or approved by the Plan Commission as part of a landscaping plan required under Chapters 450, Zoning, and 442, Subdivision of Land, shall not be prohibited by the regulations adopted by the Tree Advisory Board.
D. 
Emergency authority. In addition to the general powers of the Tree Advisory Board, and without limitation by § 361-3C, the Tree Advisory Board may issue emergency orders to temporarily prohibit, limit, or regulate the planting, pruning, spraying, fertilizing, cutting, removal or handling of any tree or shrub, any species of either, or any brush, wood or other materials derived therefrom, within the City if deemed necessary to prevent threatened harm to any tree or shrub or to the public health, safety or welfare. Any such order shall not become effective until posted in at least three public places within the City. The regulations shall be published as a Class 1 notice in the official City newspaper as soon as practicable after their adoption and upon any amendment. If the order applies only to an individual property, the order shall not be enforced until a copy thereof is served upon the owner of such property by personal delivery or certified mail. Emergency regulations adopted pursuant to this subsection shall remain in effect for a period determined by the Tree Advisory Board, but not longer than 30 days, unless the extension thereof is approved by the City Council.
A. 
Appointment. The City Forester shall be appointed by, and shall serve at the pleasure of, the City Council.
B. 
Powers and duties. The City Forester shall have the following general powers and duties:
(1) 
To direct, manage, supervise, and control the City's urban forestry program including the planting, removal, trimming, maintenance, and protection of all trees and shrubs in or upon all public areas of the City.
(2) 
To enforce such rules, regulations, permit, and penalty procedures as deemed necessary and may do so by the issuance of administrative orders and/or municipal citations to effectuate the intent of this chapter.
(3) 
To inspect any trees, shrubs, vines, hedges, plants, logs or branches existing or growing upon any property within the City and to conduct surveys and testing/sampling to determine if any destructive or communicable disease or pest exists which may be detrimental to or endanger the good health and wellbeing of trees or other plant life. No additional consent from the private property owner or person in possession of the property is necessary to carry out such duties.
(4) 
To order the removal of a nuisance tree or shrub.
(5) 
To restrict or regulate tree maintenance activities within the City limits to reduce the spread of infectious diseases and/or insects.
(6) 
To provide information to the public concerning the urban forestry program and tree and shrub care.
(7) 
To implement and direct a City Urban Forestry Management Plan.
(8) 
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.
The following standards and specifications are hereby adopted and incorporated herein, and shall apply to all activities regulated by this chapter:
A. 
Forestry Specifications for Construction on Public Areas with such amendments as may be approved by the City Council from time to time;
B. 
ANSI A300-1995 "American National Standard for Tree Care Operations, Tree, Shrub and Other Woody Plant Maintenance, Standard Practices Part 6" or the most recent version thereof;
C. 
ANSI Z60.I-1996 "American Standard for Nursery Stock" or most recent version thereof;
D. 
City of Edgerton Species Recommendations and Prohibited Tree/Shrub List under § 361-3B(6).
A. 
Declaration. The City Forester shall have the right to declare as a public nuisance any tree or shrub or part thereof, including firewood and other plant material, existing anywhere in the City, which is:
(1) 
Interfering with the use of any public area;
(2) 
Infected with a plant disease;
(3) 
Infested with insects; or
(4) 
Endangering the life, health or safety of other trees/shrubs, persons or property.
B. 
List of nuisance trees and shrubs. City Forester shall maintain and make available to the public a list of nuisance trees and shrubs as established by the Tree Advisory Board.
C. 
Abatement of nuisances.
(1) 
Public areas. All trees, shrubs or parts thereof on public property shall be subject to treatment and/or removal when it is determined by the City Forester or his/her designee that the trees or shrubs constitute an immediate or future health or safety hazard or when they have become unsightly, infested, diseased or dead. The City Forester or his/her designee shall have the discretion to determine the most appropriate course of action to prevent or treat such conditions.
(2) 
Private premises.
(a) 
No person shall permit any nuisance tree or shrub as determined under § 361-3B(6), this section, or Chapter 288, Nuisances, to remain on any premises owned or controlled by such person within the City. Upon determination by the City Forester that any nuisance tree or shrub exists on any private premises, he/she shall order the owner, as his or her name appears on the assessment roll of the City, in writing, to treat, remove or otherwise control such tree or shrub in such manner as will abate the nuisance. Within notice time as specified in the order, which shall not be less than 30 days unless the City Forester determines that immediate action is necessary for public safety, the owner shall cause treatment, removal or control of the nuisance tree or shrub as directed in the order. If the owner shall refuse or neglect to comply with the terms of the order within the time specified, or does not appeal the nuisance determination to the Tree Advisory Board, the City Forester shall cause the public nuisance to be abated and shall then notify the owner in writing of the expense of abatement and that the owner may appeal the abatement cost to the Tree Advisory Board if the owner is desirous of contesting the abatement charge, and that the charge will be entered on the tax roll against the parcel of real estate on which the tree or shrub was located if the same is not contested. In the event the charge is contested, the Board shall finally determine the amount thereof, which shall be paid within 10 days following such determination or, if not so paid, shall be entered in the tax roll against said property.
(b) 
No damage shall be awarded to the owner for the destruction of any tree, wood, or any part thereof pursuant to this section.
(3) 
Stump removal. The property owner shall treat, remove, or cause to be removed the tree stump of a nuisance tree that may endanger the health of other trees.
(4) 
Determination. If the City Forester is unable to determine with reasonable certainty that a tree in or upon private premises is a nuisance, the City Forester shall notify the Wisconsin Department of Agriculture at Madison, Wisconsin, and shall proceed as provided in § 361-6C(2) upon receipt of a positive report from the Department.
(5) 
Special charge for costs of abatement and treatment. The City Forester shall keep strict account of the costs of work done under this section and shall report to the City Clerk all work done for which a special charge is to be made, stating and certifying the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each lot or parcel and such amounts shall be levied as a special charge against said parcels or lots in the same manner as other special taxes.
A. 
Urban forestry management plan. The Urban Forestry Management Plan, as recommended by the Tree Advisory Board, may contain any or all of the following elements:
(1) 
Street tree planting plan. A plan for the orderly and systematic planting of new or replacement trees in the terraces or boulevards along City streets in a manner which minimizes conflicts between trees and other public use of streets, facilitates care of the trees, and enhances the aesthetics of the City streetscapes. The plan may designate the appropriate species of tree(s) for each street segment and take into consideration the mature size and requirements of the species, the width of the terrace or boulevard, depth of building setbacks, location of streetlights, safety signals and signs, the location of overhead or underground public utility facilities, the location of existing desirable trees and any other relevant site factors. The plan shall be consistent with the requirements of Chapter 450, Zoning, and shall contain the following provisions:
(a) 
No trees shall be planted on any City street until the grade of such street and terrace has been established.
(b) 
No tree shall be planted closer than 20 feet from an intersecting street line.
(c) 
No tree that is expected to reach a height of greater than 18 feet shall be planted under an overhead wire.
(2) 
Tree maintenance. Plans for the maintenance of trees located in public places to preserve the function or beauty of such public places in accordance with the applicable City maintenance standards. The plan shall provide plans for the trimming, removal, pruning, spraying, fertilizing or other treatment of any tree on any public area when necessary or appropriate to promote the general welfare, improve the City's appearance or alleviate any unsafe condition. Plans shall include the following provisions which are enforceable with this chapter:
(a) 
Branches over streets and alleys shall be trimmed to at least 14 feet above the ground.
(b) 
Branches over sidewalks shall be trimmed to at least nine feet above the ground.
B. 
New subdivisions. Plats or certified survey maps that create new public rights-of-way shall include with their development drawings a tree planting plan approved by the City Forester. The plan shall provide for trees to be installed in terraces, boulevards, and traffic circles, and the plan shall be subject to all provisions of this chapter. The cost of preparing and implementing this plan shall be borne by the subdivider. The subdivider shall be responsible for replacing trees that die within two years of planting. The owner of a lot shall be responsible for all tree relocation or replacement costs due to their actions or construction.
C. 
Prohibited acts. It shall be unlawful for any person to:
(1) 
Remove, destroy, cut, deface or injure any tree or tree roots existing on any public area in the City;
(2) 
Attach any rope, wire, chain, sign or any other device to any tree on any public area in the City except as approved by the City Forester or the Tree Advisory Board;
(3) 
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, excluding routine winter street maintenance by City departments;
(4) 
Participate in the erection, alteration or removal of any building or structure in the City without assuring that any tree upon any public area in the vicinity of such operation is provided with a good and sufficient guard or protection so as to prevent injury, damage or defacement to such tree arising out of, in connection with or by reason of, such operation. The sufficiency of the guard or protection shall be determined by the City Forester;
(5) 
Interfere with the Tree Advisory Board or the City Forester when carrying out their responsibilities under this chapter;
(6) 
Plant, move, remove, prune, spray, or otherwise maintain any public tree or shrub in a public area except pursuant to a permit issued by the City Forester pursuant to § 361-7C(4);
(7) 
Plant or maintain any tree or shrub which is prohibited or which is declared a nuisance pursuant to this chapter and Chapter 288, Nuisances, or by regulation adopted by the Tree Advisory Board;
(8) 
Remove or misuse any device placed to protect a public tree or shrub in a public area;
(9) 
Fail or refuse to comply with any lawful rule, regulation or order issued by the City Forester or Tree Advisory Board under this chapter;
(10) 
Intentionally transport within, into, or out of the City any infected wood or material without first securing a permit from the City Forester.
D. 
Permit required.
(1) 
The City Forester may issue a permit to any person allowing such person to plant, move, remove, prune or otherwise maintain any public tree or shrub in public areas in accordance with this subsection.
(2) 
Application and approval. Any person desiring to plant, move, remove, prune or otherwise maintain any public tree or shrub shall apply in writing to the City Forester for a permit to do such work. Such application shall specify the location and description of the proposed work. Such permit may be issued if the City 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, 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, and that the work will be performed by a person capable of completing the work without unnecessary risk of injury or damage. Public utilities and other entities maintaining their infrastructure must contact the City Forester prior to planting, moving, removing, pruning or otherwise maintaining any public tree or shrub.
(3) 
Permit form, expiration, compliance, and inspection. Permits shall be issued by the City 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 specifications and standards set forth in § 361-5. The City Forester shall 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.
(4) 
Permit exemptions. No permit shall be required to water or fertilize 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.
(5) 
Request to remove trees. Should any property owner desire to have a public tree removed that is adjacent to his/her property (other than a dead, dangerous, or undesirable variety) it shall be removed by a tree expert or by an agent of the City at the expense of the property owner, and then only after a permit for said removal has been obtained from the City Forester.
A. 
Review of permit applications. The City Forester shall review all applications for approval of construction in public rights-of-way and other public areas under Chapter 345, Streets and Sidewalks, of this Code, and shall make recommendations to the Building Inspector as to conditions or requirements necessary to adequately protect public trees and trees on property adjacent to such public areas from damage due to the construction work. Such recommendation shall include compliance with all applicable standards contained in § 361-5, unless the Forester shall determine that compliance therewith is unnecessary or impracticable under the circumstances.
B. 
City contracts. All City contracts for public construction shall include or incorporate by reference the standards contained in § 361-5 to the extent applicable to the construction project; provided, however, that the City Forester may waive any standards the Forester determines to be unnecessary or impracticable under the circumstances. The decision of the Forester under this subsection shall be reviewable by the City Administrator.
A. 
Oak pruning regulated. No person shall prune, cut or otherwise injure any oak tree on public or private property between April 1 and October 1 in any year; provided, however, that the Tree Advisory Board may authorize the issuance of permits to allow such pruning as may be necessary to protect the public safety and shall specify any conditions thereon deemed necessary to prevent the spread of oak wilt disease.
B. 
Private trees. Property owners having trees or shrubs growing on their property outside of public rights-of-way shall maintain such trees and shrubs such that they do not obstruct streetlights, traffic signs or signals, street name signs or the free use of public ways and do not interfere with overhead or underground utility facilities.
A. 
General. Any person who shall violate any provision of this chapter shall, in addition to any other remedy provided in § 1-6, be subject to a civil forfeiture of not less than $25 nor more than $500.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Continuing violations. Each day a violation continues shall constitute a separate offense.
C. 
Private remedies preserved. Nothing in this chapter shall be construed in any way to restrict or limit the rights of private parties to pursue whatever private legal remedies they may have as a result of any nuisance.
Any person aggrieved by the administration or interpretation of any of the terms or provisions of this chapter by any City officer may, within 10 days after notice of the action appealed from, appeal to the Tree Advisory Board which may reverse, affirm or modify, in whole or part, the order, requirement, decision or determination of such officer. Any person aggrieved by a decision of the Tree Advisory Board may appeal that decision to the City Council. Any appeal to the City Council shall be filed in writing not later than 30 days after the date of the decision appealed or be barred.