The Village Board may employ a Village Forester or designate a municipal employee to take charge of and direct, subject to its supervision and control, the transplanting, removal, trimming, spraying, caring for and protecting of all trees and shrubs on or in that part of every street, the grade of which has been established, lying between the lot line and the curb or in the center of the side plots in any terraces, boulevards or parkways, and in all public parks or grounds belonging to the Village, and he/she shall direct, control and regulate all transplanting, removal, trimming, spraying, fertilizing and maintenance by others in such areas. The Village Forester shall guard all trees and shrubs within the Village to prevent the spread of disease, insects or pests and to eliminate dangerous conditions, thereby ensuring public safety. All work done by the Village Forester is under the direction and supervision of the Department of Public Works. The Village Forester shall have such other powers and duties as provided by § 27.09, Wis. Stats., and Village ordinances.
Any person who receives a determination or order under this chapter from the Village Forester and objects to all or any part thereof may appeal such determination or order to the Village Board within seven days of receipt of the order, and the Village Board shall hear such appeal within 45 days of receipt of written notice of the appeal. After such hearing, the Village Board may reverse, affirm or modify the order or determination appealed from, and the grounds for its decision shall be stated in writing. The Village Board shall, by letter, notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded. The Village Board shall file its written decision with the Village Clerk.
This article is intended to protect and promote the health, safety, and welfare of the people by:
A. Preserving the Village's character as a natural wooded community;
B. Maintaining property values by improving and preserving the aesthetic appeal of the Village through tree regulation;
C. Preserving the natural resources of the Village and state;
D. Reducing the amount of erosion in the Village due to tree removal; and
E. Protecting the quality of the waters of the state and the Village.
The provisions of this article do not apply to any parcel, or part thereof, that is zoned for industrial purposes as set forth in Chapter
510.
Prior to the removal of any
tree in excess of the limitations set forth in §
443-202, the property owner must submit a
tree removal application to the Plan Commission and obtain the approval of the same. The approved permit must show how the property owner will replace the regulated
trees as more fully set forth in §
443-204.
Replacement trees planted on the subject property must be continuously maintained in a healthy condition.
Nothing in this article shall be construed to be an exception to the Village's Construction Site Erosion Control Ordinance or any other regulation or requirement.
Any person violating any provisions of this article shall be subject to the penalty provision set forth in §
1-4 of the Municipal Code. Each
tree removed in violation of this article shall be considered a separate violation.