[HISTORY: Adopted by the Village Board of the Village of Webster 3-13-1986
as Title 4, Ch. 4 of the 1986 Code. Amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the village to
regulate and establish policy for the control of planting, removal, maintenance
and protection of trees and shrubs in or upon all public areas and terrace
areas of the village to eliminate and guard against dangerous conditions which
may result in injury to persons using the streets, alleys, sidewalks or other
public areas; to promote and enhance the beauty and general welfare of the
village; to prohibit the undesirable and unsafe planting, removal, treatment
and maintenance of trees and shrubs located in public areas; and to guard
all trees and shrubs both public and private within the village against the
spread of disease, insects or pests.
B.
Application. The provisions of this chapter shall apply
to trees and shrubs growing or hereafter planted in or upon public areas and
terrace areas and also to all trees and shrubs growing or to be planted in
or upon any private premises which shall threaten the life, health, safety
or welfare of the public or of any public areas.
Whenever the following words or terms are used in this chapter, they
shall be construed to have the following meanings:
The land between the normal location of the street curbing and sidewalk.
Where there is no sidewalk, the area four feet from the curbline shall be
deemed to be a boulevard for the purpose of this chapter. "Boulevard" shall
also mean "terrace."
A triangle formed by the curblines of two intersecting rights-of-way
and a third line connecting a full-view zone at corners of streets, alleys
and highways.
Trimming a tree beyond necessary trimming to comply with this chapter.
Person, firm, association or corporation.
All public parks and other lands owned, controlled
or leased by the village except the terrace areas.
Any tree or shrub or part thereof which by reason of its condition
interferes with the use of any public area; is infected with a plant disease;
is infested with injurious insects or pests; is injurious to public improvements;
or endangers the life, health, safety or welfare of persons or property.
All trees and shrubs located or to be planted in or upon public areas.
Any woody vegetation or a woody plant having multiple stems and bearing
foliage from the ground up.
Any woody plant, normally having one stem or trunk bearing its foliage
or crown well above ground level to heights of 16 feet or more.
The Village of Webster, Wisconsin.
A.
The Village Board shall designate a municipal employee or citizen to perform the duties of Forester under Chapter 27, Wis. Stats., and may authorize such Forester to perform the duties and exercise the powers imposed on the Board by this chapter.
B.
The Village Forester or his authorized representative
may enter upon private premises at all reasonable times for the purpose of
examining any tree or shrub located upon or over such premises and carrying
out any of the provisions of this chapter.
No person shall interfere with the Village Forester or his authorized
representative while he is engaged in carrying out any work or activities
authorized by this chapter.
A.
Dutch Elm and other tree diseases a public nuisance.
Whereas the Village Board has determined that there are many trees growing
on public and private premises within the village, the loss of which would
substantially depreciate the value of public and private property, impair
the use and enjoyment of public and private premises and erode the tax base
of the village and that the health and life of such trees are threatened by
fatal diseases such as Dutch Elm disease, which is spread by the elm bark
beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.),
the Board hereby declares its intention to control and prevent the spread
of such disease and the insect pests and vectors which carry such diseases
and specifically declares Dutch Elm disease and the elm bark beetles which
carry such disease to be public nuisances.
B.
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
PUBLIC PROPERTY
PERSON
Definitions. As used in this section, unless otherwise
clearly indicated by the context, the following terms shall have the meanings
indicated:
Dutch Elm disease.
Elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes
(Marsh.)
Any living or standing elm tree or part thereof infected with the Dutch
Elm disease fungus or in a weakened condition which harbors any of the elm
bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.).
Any dead elm tree or part thereof, including logs, branches, stumps,
firewood or other elm material from which the bark has not been removed and
burned or sprayed with an effective elm bark beetle destroying concentrate.
Any other deleterious or fatal tree disease.
Owned or controlled by the village, including, without limitation
because of enumeration, public sites, parks, playgrounds, streets, alleys,
sidewalks, boulevards and the terrace strip between the lot line and the curb
or improved portion of any public way.
Person, firm or corporation.
C.
Inspection.
(1)
The Village Forester shall inspect or cause to be inspected
at least twice each year all premises and places within the village to determine
whether any public nuisance exists thereon. He shall also inspect or cause
the inspection of any elm tree reported or suspected to be infected with the
Dutch Elm disease or any elm bark bearing materials reported or suspected
to be infested with elm bark beetles.
(2)
Whenever necessary to determine the existence of Dutch
Elm disease or elm bark beetles in any tree, the person inspecting such tree
shall remove or cut specimens from the tree in such manner as to avoid permanent
injury thereto and deliver such specimens to the Forester, who shall forward
them to the Wisconsin Department of Agriculture at Madison for analysis to
determine the presence of such nuisances.
(3)
The Forester and his agents or employees shall have authority
to enter upon private premises at reasonable time for the purpose of carrying
out any of the provisions of this section.
D.
Abatement of nuisances; duty of Forester and Village
Board.
(1)
The Forester, with the approval of the Village Board,
shall order, direct, supervise and control the abatement of public nuisances
as defined in this section by spraying, removal, burning or by other means
which he determines to be necessary to prevent as fully as possible the spread
of Dutch Elm disease fungus, other deleterious tree diseases or the insect
pests or vectors known to carry such diseases.
(2)
Whenever the Forester after inspection or examination
shall determine that a public nuisance as herein defined exists on public
property in the village, he shall immediately abate or cause the abatement
of such nuisance in such manner as to destroy or prevent as fully as possible
the spread of Dutch Elm disease, other deleterious tree diseases or the insect
pests or vectors known to carry such disease fungus.
(3)
Notice and hearing; abatement.
(a)
When the Forester shall determine with reasonable certainty
that a public nuisance exists upon private premises, he shall immediately
serve or cause to be served personally or by registered mail upon the owner
of such property, if he can be found, or upon the occupant thereof a written
notice of the existence of such nuisance and of a time and place for a hearing,
not less than 14 days after service of such notice, on the abatement action
to be taken. Such notice shall describe the nuisance and recommend procedures
for its abatement and shall further state that unless the owner shall abate
the nuisance in the manner specified in the notice or shall appear at the
hearing to show that such nuisance does not exist or does not endanger the
health of trees in the village, the Forester shall cause the abatement thereof
at the expense of the property served. If the owner cannot be found, such
notice shall be given by publication in a newspaper of general circulation
in the village.
(b)
If after hearing held pursuant to this subsection it
shall be determined by the Village Board that a public nuisance exists, it
shall forthwith order the immediate abatement thereof. Unless the property
owner abates the nuisance as directed within five days after such hearing,
the Forester shall proceed to abate the nuisance and cause the cost thereof
to be assessed against the property in accordance with the procedures provided
in this section. The Forester may extend the time allowed the property owner
for abatement work but not to exceed 10 additional days.
E.
Spraying.
(1)
Whenever the Forester shall determine that any tree or
part thereof is infected with a deleterious or fatal tree disease or is in
a weakened condition or harbors elm bark beetles, he may cause all trees within
a one-thousand-foot radius thereto to be sprayed with an effective elm bark
beetle destroying concentrate or other insecticide.
(2)
In order to facilitate the work and minimize the inconvenience
to the public of any spraying operations conducted under this section, the
Forester shall cause to be given advance public notice of such operations
by newspaper, radio, television, public service announcements or other effective
means and shall also cause the posting of appropriate warning notices in the
areas and along the streets where trees are to be sprayed at least 24 hours
in advance of spraying. When any residue or concentrate from municipal spraying
operations can be expected to be deposited on any public street, the Forester
shall also notify the Chief of Police, who shall take all necessary steps
to make and enforce temporary parking and traffic regulations on such streets
as conditions require. Temporary "no parking" notices shall be posted in each
block of any affected street at least 24 hours in advance of spraying operations.
A.
The entire cost of abating any public nuisance or spraying
trees as defined herein shall be charged to and assessed against the parcel
or lot abutting on the street, alley, terrace, boulevard or parkway upon or
in which such tree is located or the parcel or lot upon which such tree stands
in accordance with § 66.0703 or 27.09, Wis. Stats. The cost of abating
any such nuisance or part thereof which is located in or upon any park or
public grounds shall be borne by the village.
B.
The cost of abating a public nuisance or spraying elm
trees or elm wood located on private premises when done at the direction and
under the supervision of the Forester shall be assessed to the property on
which such nuisance, tree or wood is located as follows:
(1)
The Forester shall keep a strict account of the cost
of such work or spraying and the amount chargeable to each lot or parcel and
shall report such work, charges, description of lands to which charged and
names and addresses of the owners of such lands to the Village Board on or
before October 15 of each year.
(2)
Upon receiving the Forester's report, the Village
Board shall hold a public hearing on such proposed charges, giving at least
14 days' advance notice of the time, place and purpose of such hearing
to interested persons by publication in a newspaper of general circulation
in the village and by mail to the owner of each property proposed to be charged.
Each property owner shall be notified of the amount proposed to be assessed
against his premises and the work for which such charge is being made.
(3)
After such hearing, the Board shall affirm, modify and
affirm or disapprove such assessments by resolution and shall cause a copy
thereof to be published. Upon adoption and publication of such resolution,
assessments made thereby shall be deemed final.
(4)
The Clerk-Treasurer shall mail notice of the amount of
such final assessment to each owner of property assessed at his last known
address, stating that unless paid within 30 days of the date of the notice,
such assessment will be entered on the tax roll as a tax against the property,
and all proceedings in relation to the collection, return and sale of property
for delinquent real estate taxes shall apply to such assessment.
(5)
The village hereby declares that in making assessments
under this section it is acting under its police power, and no damages shall
be awarded to any owner for the destruction of any diseased or infested tree
or wood or part thereof.
A.
Permit required. No person, except upon order of the
Village Forester, shall plant or remove, or do major alterations as determined
by the Forester on, a tree or shrub in the public right-of-way terrace area
or any public area or cause such act to be done by others without first obtaining
a written permit for such work from the Village Clerk-Treasurer as herein
provided.
B.
Permit exemptions. No permit shall be required to cultivate,
fertilize or water trees or shrubs. No permit is necessary to plant trees
inside the property line.
C.
Permit requirements and conditions. If the Village Forester
determines that the proposed work or planting described in an application
for a permit 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 sidewalk, driveways and streetlights, general character
of the area in which the tree or shrub is located or proposed to be located,
type of soil, characteristics and physiological need of the genus, species
and variety of tree or shrub, he shall issue a permit to the applicant.[1]
D.
Permit form; expiration. Every permit shall be issued
by the Village Forester on a standard form and shall include a description
of the work to be done and shall specify the genus, species and variety, size,
nursery grade and location of trees or shrubs to be planted, if any. Any work
under such permit must be performed in strict accordance with the terms thereof
and the provisions of this chapter. Permits issued under this section shall
expire six months after date of issuance. There will be no charge for this
permit.
E.
Permits to public utilities.
(1)
Whenever a permit is issued under this section to a public
utility to remove, trim, prune, cut, disturb, alter or do surgery on any public
tree or shrub, the Village Forester shall limit the work to be done to the
actual necessities of the utility and may assign an inspector to supervise
the work done under the provisions of the permit. The expense of such inspection
or supervision shall be charged to the utility at the usual village rate.
(2)
A public utility may secure an annual working agreement
with the Village Forester's office which gives the Village Forester the
authorization to supervise and direct work done associated with trees and
shrubs.
A.
Planting.
(1)
The size and genus, species and variety of trees and shrubs to be planted in public areas and boulevards and the manner of planting shall be submitted to the Village Forester for approval before commencement of such work. The permit application process is required in § 274-7.
(2)
There shall be a minimum distance of 16 feet and a recommended
distance of 25 to 50 feet between terrace area trees depending upon the size
of tree and other factors. Terrace trees shall be planted equal distance between
the sidewalk or proposed sidewalk and back of the curb or proposed back of
curb. In terrace areas less than three feet wide planting will not be permitted.
(3)
Pine or fir trees shall not be planted in a terrace area.
(4)
It shall be unlawful to plant or maintain shrubbery,
ground cover or other plants within terrace areas whose growth is in excess
of eight inches in height above the top of the nearest curb.
B.
Unlawfully planted trees. Trees, plants or shrubs planted
within any terrace or planting easement without the authorization and approval
of the Forester may be removed. The Forester shall notify the abutting owner
in writing, listing the unlawfully planted trees, plants or shrubs, ordering
their removal and establishing a reasonable time within which such removal
shall be accomplished. In the event that removal is not to be accomplished
within the time specified, the village may remove such trees, plants or shrubs
and assess the costs thereof to the owner.
C.
Frames. Any person, adjacent to whose land any shade
or ornamental tree or shrub is growing in any street, may, for the purpose
of protecting such tree or shrub, surround the same with a suitable box or
frame for protection, but all such work shall be performed under the supervision
and direction of the Village Forester.
A.
Trees and shrubs standing in or upon any boulevard or
public areas or upon any private premises adjacent to any public right-of-way
or public areas shall be kept trimmed so that the lowest branches projecting
over the public street or alley provide a clearance of not less than 14 feet.
The Village Forester may waive the provisions of this section for newly planted
trees if he determines that they do not interfere with public travel, obstruct
the light of any streetlight or endanger public safety.
B.
The necessity of the pruning may be determined by the
Village Forester.
C.
Clearance from sidewalk to lower branches shall not be
less than 10 feet. All trees standing upon private property in the village,
the branches of which extend over the line of the street, shall be trimmed
so that no branch shall grow or hang over the line of the sidewalk lower than
10 feet above the level of the sidewalk. No tree shall be permitted to grow
in such a manner as to obstruct the proper diffusion of light from any public
lamp.
D.
All cuts above one-inch diameter shall be treated with
a tree wound compound.
A.
Notwithstanding any other provision of this chapter,
no person shall maintain, plant or permit to remain on any private or public
premises situated at the intersection of two or more streets or alleys in
the village any hedge, tree, shrub or other growth which may obstruct the
view of the operator of any motor vehicle or pedestrian approaching such intersection.
B.
It is unlawful for any person to plant, cause to grow,
allow to grow or maintain any trees, bushes, shrubbery or vegetation of any
kind which is an obstruction to the clear and complete vision of any traffic
sign in the village. It shall be the duty of every owner of such tree, bush,
shrubbery or vegetation to remove such obstruction.
C.
Any shrub, tree or other plant which obstructs the view
at an intersection or the view of a traffic sign shall be deemed to be dangerous
to public travel, and the Forester shall notify the property owner in writing,
describing the conditions, stating the steps necessary to correct the conditions
and establishing a reasonable time within which the corrective steps shall
be taken. In the event that effective steps are not taken within the time
specified, it shall be lawful for the village to abate these conditions to
the extent necessary to assure compliance with the foregoing requirements,
and the costs thereof shall be assessed to the owner.
A.
Dangerous, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the Village Forester shall find to be infected, hazardous or a nuisance so as to endanger the public or other trees, plants or shrubs growing within the village, or to be injurious to sewers, sidewalks or other public improvements whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The Village Forester, subject to § 274-15, shall given written notice to said owner to remedy the situation which shall be served personally or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days as determined by the Village Forester on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limit, the Village Forester shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the Village Clerk-Treasurer, who shall thereupon enter such cost as a special charge against the property.
B.
In cutting down trees located in public and terrace areas,
the tree must be removed with the root stump grubbed out or ground out to
a depth of at least nine inches below grade measured in a straight line, normal
grade of sidewalk to top of nine inches below grade measured as a straight
line, normal grade of sidewalk to top of curb. All wood and debris must be
removed from the street prior to the end of each working day, and all holes
shall be filled to normal grade level with topsoil as soon as practicable.
A.
Damage to public trees. No person shall, without the
consent of the owner in the case of a private tree or shrub or without written
permit from the Village Forester in the case of a terrace area tree, public
tree or shrub, do or cause to be done by others any of the following acts:
(1)
Secure, fasten or run any rope, wire sign, unprotected
electrical installation or other device or material to, around or through
a tree or shrub.
(2)
Break, injure, mutilate, deface, kill or destroy any
tree or shrub or permit any fire to burn where it will injure any tree or
shrub.
(3)
Permit any toxic chemical, gas, smoke, oil or other injurious
substance to seep, drain or be emptied upon or about any tree or shrub or
place cement or other solid substance around the base of the same.
(4)
Remove any guard, stake or other device or material intended
for the protection of a public tree or shrub or close or obstruct any open
space about the base of a public tree or shrub designed to permit access of
air, water and fertilizer.
(5)
Attach any sign, poster, notice or other object on any
tree or fasten any guy wire, cable, rope, nails, screws or other device to
any tree, except that the village may tie temporary "no parking" signs to
trees when necessary in conjunction with street improvement work, tree maintenance
work or parades.
(6)
Cause or encourage any fire or burning near or around
any tree.
B.
Excavations. All trees on any parkway or other publicly
owned property near any excavation or construction of any building, structure
or street work shall be sufficiently guarded and protected by those responsible
for such work as to prevent any injury to said trees. No person shall excavate
any ditches, tunnels or trenches or install pavement within a radius of 10
feet from any public tree without a permit from the Village Forester.
C.
Interference with Forester. No person shall:[1]
(1)
Interfere with or prevent any acts of the Forester or
his agents or employees while they are engaged in the performance of duties
imposed by this section.
(2)
Refuse to permit the Forester or his duly authorized
representative to enter upon his premises at reasonable times to exercise
the duties imposed by this section.
Any person who receives a determination or order under this chapter
from the Village Forester or Village Board and objects to all or any part
thereof shall have the right to appeal such determination or order, subject
to the provisions of Chapter 68, Wis. Stats., to the Village Board within
seven days of receipt of the order, and the Village Board shall hear such
appeal within 30 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
and file its written decision with the Clerk-Treasurer.
Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and incorporated
herein by reference.
A.
Cottonwood and Box Elder trees prohibited. No person
shall plant or maintain within the village any female tree of the species
Populus Deltoides, commonly called the "Cottonwood," or any tree commonly
called the seed-bearing Box Elder or Acer Negundo, which may now or hereafter
become infested with Box Elder bugs, and such trees are hereby declared a
nuisance. Any person having any such trees on his premises shall cause the
same to be removed. If any owner shall fail to remove any such tree within
30 days after receiving written notice from the Village Forester, the Village
Forester shall cause the removal of such tree and report the full cost thereof
to the Village Clerk-Treasurer who shall place such charge upon the next tax
roll as a special charge against the premises.
B.
Planting of certain trees restricted. No person shall
hereafter plant any Catalpa, Chinese Elm, White Poplar, Lombardy Poplar or
any fruit or nut tree in or upon any public street, parkway, boulevard or
other public place within the village unless he shall first secure written
permission from the Village Forester, who shall not approve any such planting
if in his opinion said tree will constitute a nuisance to the public or adjoining
property owners or interfere with the safety of the public or the operation
of any sewer or water system. The Village Forester shall cause the removal
of any tree planted in violation of this subsection.
