[Ord. No. 29-2022, 12-12-2022]
The purpose of this article is to enhance the quality of life and the present and future health, safety, and welfare of all residents, to enhance property values, and to ensure proper planting and care of trees on public property; the Village Board herein delegates the authority and responsibility for managing public trees, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions.
[Ord. No. 29-2022, 12-12-2022]
As used in this article, the following words and phrases shall have the following meanings:
DAMAGE
Any injury to or destruction of a tree, including but not limited to uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
NUISANCE
Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.
PARKWAY
The area along a public street between the curb and the sidewalk; or, if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.
PUBLIC PROPERTY
All grounds and rights-of-way (ROWs) owned or maintained by the Village.
PUBLIC TREE
Any tree or woody vegetation on Village-owned or Village-maintained property or rights-of-way.
TOP or TOPPING
The nonstandard practice of cutting back of limbs to stubs within a tree's crown to such a degree to remove the normal canopy and disfigure the tree.
[Ord. No. 29-2022, 12-12-2022]
(a) 
The Village Administrator may delegate the Public Works Director, Community Development Director, or other municipal employee the authority to plant, prune, maintain, and remove trees and woody plants growing in or upon all municipal streets, rights-of-way, Village parks, and other public property. This authority includes the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree affected by fungus, insects, or other pest diseases.
(b) 
The Village Administrator may delegate the Public Works Director, Community Development Director, or other municipal employee the authority to enter private premises at all reasonable times to examine any tree or shrub located upon or over such premises and to carry out the provisions of this article. If the property owner denies consent at entry to properties which are not public buildings, or to portions of public buildings which are not open to the public for inspection purposes, the Village shall obtain a special inspection warrant under § 66.0119, Wis. Stats.
[Ord. No. 29-2022, 12-12-2022]
(a) 
All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.
(b) 
The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.
(c) 
The Village shall maintain an official list of desirable tree species for planting on public property in two size classes: ornamental (20 feet or less in height at maturity) and canopy (greater than 20 feet at maturity). Property owners may plant trees from this approved list without special permission; property owners may plant other species with written approval from the Village.
(d) 
The Village shall permit trees within the public right-of-way according to § 74-8.15, Street trees. The Public Works Director or Parks and Recreation Manager shall approve the Village's placement of trees on all other public lands.
(e) 
Neither the Village nor any other person, firm, or corporation shall plant trees within the visibility triangle of a street intersection or within 10 feet of a fire hydrant.
(f) 
The Village or any other person, firm, or corporation may only plant trees listed as ornamental trees on the official Village tree species list under or within 15 lateral feet of any overhead utility wire.
[Ord. No. 29-2022, 12-12-2022]
(a) 
The Village prohibits any person, firm, or corporation from damaging, removing, or causing the damage or removal of a tree on public property without written permission from the Village.
(b) 
The Village prohibits any person, firm, or corporation to attach any cable, wire, sign, or any other object to any street, park, or public tree.
(c) 
The Village prohibits any person, firm, or corporation to "top" any public tree. The Village may exempt trees severely damaged by storms or other causes from this prohibition where best pruning practices are impractical.
(d) 
Any person, firm, or corporation performing construction near any public tree(s) shall consult with the Village and shall employ appropriate measures to protect the tree(s), according to procedures contained in the Best Management Practices (BMPs) for "Managing Trees During Construction" published by the International Society of Arboriculture.
(e) 
Each violation of this section as determined and notified by the Village shall constitute a separate violation, punishable by fines and penalties under § 1-15, General penalty. The Village may issue additional fines for mitigation values placed on the tree(s) removed or damaged in violation of this section.
[Ord. No. 29-2022, 12-12-2022]
(a) 
The owner of land adjacent to any Village street or highway, when acting within the provisions of this article, may plant and maintain trees in the adjacent parkway area. Any owner wishing to plant a tree in the parkway area must first obtain a permit from the Public Works Department.
(b) 
Owners shall cover the total cost of permits, including the cost of the new tree and the planting.
(c) 
Property owners shall contact Diggers' Hotline to locate all buried utilities in the permitted area at least one week before permitted plantings.
(d) 
No property owner shall allow a tree or other plant growing on their property to obstruct or interfere with pedestrians or the view of drivers, thereby creating a hazard. The Village considers trees or other plants obstructions if they cross any sidewalk, multi-use pathway, curb, street, or other pedestrian or vehicular area within the public right-of-way 15 feet or below in height from the average grade of the adjacent traveled area. If an obstruction persists, the Village shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the Village may undertake the necessary work and charge the cost to the property owner.
(e) 
If a tree dies due to disease, weather, or vandalism, the owner of the property may petition the Public Works Department to replace the tree. If the Public Works Department approves the petition, they shall place that tree on a list for public street tree replacement, and replace the tree at the Village's expense in the order which they approve the petitions. All such petitions are subject to available Village funding, and the Village does not guarantee any time to replace such trees. Alternatively, members of the public may submit a permit to replace dead trees at their own cost at any time.
[Ord. No. 29-2022, 12-12-2022]
(a) 
The Village may declare any tree, or limb thereof, on public or private property to have contracted a lethal, communicable disease or insect; to be dead or dying; to obstruct the view of traffic signs or the free passage of pedestrians or vehicles; or that threatens public health, safety, and welfare a nuisance and may require its treatment or removal.
(b) 
Private property owners have the duty, at their own expense, to remove or treat nuisance trees on their property. The Village may remove such trees at the owner's expense if the owner does not comply with treatment and/or removal as specified by the Village within the written notification period.