[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as Title 6, Ch. 4 of the 1996 Code; amended in its entirety 1-16-2024 by Ord. No. 2023-04. Subsequent amendments noted where applicable.]
A.
Intent. It is the intention of this chapter to sustain
environmental health and enhance the economic well-being of the neighborhoods
of the Village through aesthetics of beauty, tranquility and integrity
by promoting the planting and maintenance of trees and shrubs on both
public and private property. This chapter establishes policy for an
orderly, cost-effective system of achieving its intent with a minimum
of danger or damage to persons, buildings, streets, curbs, sidewalks,
overhead wires and all underground utilities. It also guards against
the spread of disease and the damage or unnecessary removal of trees
and shrubs of either the public or private sector.
B.
"Tree City" eligibility. The program goal is to maintain
eligibility for annual recertification as a recognized "Tree City,
USA."
C.
Applicability. The provisions of this chapter shall
apply to all public trees and shrubs within the Village of Theresa
unless otherwise specified.
Whenever the following words or terms are used
in this chapter, they shall be construed to have the following meaning:
A professional, specially trained person who makes a career
of caring for the urban forest. Some arborists are self-employed,
some work for tree care companies and others work for municipalities.
The land between the street curbing and sidewalk. Where there
is no sidewalk, the area 10 feet from the private property line shall
be deemed to be a boulevard.
A triangle formed by the two intersecting rights-of-way and
a third line connecting a full-view zone 30 feet from intersecting
corners of streets and parking lot entrances. On both sides of a private
driveway or alley the clear-sight triangle is reduced to 10 feet of
the property lines.
"Boulevard area" also refers to the center or median boulevard
on center boulevard streets.
A person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased (unless otherwise noted as part of the agreement) by the
Village.
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 which will be located in
or upon public areas.
The established and legally recognized distance from the
center line of the associated street or road, improved or not, for
the purpose of vehicular or pedestrian travel.
Any woody vegetation or a woody plant having multiple stems
and bearing foliage from the ground up.
The practice of cutting back large-diameter branches of a
mature tree to stubs.
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.
A manual prepared by the Village Parks Committee containing
scientifically accepted standards for tree and shrub pruning, planting
and removal. Included is a listing of acceptable and undesirable ROW
tree species.
Trimming (or pruning) by an arborist shall be accomplished
according to current technical specifications of the National Arborist
Association.
Trees planted in the urban areas subjected to the alterations
in the soil and other stresses resulting from the activities of urban
life.
The Village of Theresa.
A duly appointed Village official responsible for administering
Village tree ordinances and physical maintenance of the urban forest.
A.
Public property. The cost of treating or removing
any tree or part thereof that is declared dangerous, diseased, dead
or a nuisance which is located in or upon any park, terrace, cemetery
or public grounds shall be borne by the Village.
B.
Private property. The cost of treating or removing
any tree or part thereof that is declared dangerous, diseased, dead
or a nuisance which is located in or upon private premises, when removed
under the supervision of the Parks Committee, shall be assessed to
the property owner.
(1)
The Parks Committee, or trained persons designated
by the Parks Committee, shall keep an accurate account of costs and
forward the charges, including description of work, land description,
and name and address of owner, to the Tree Committee Chairperson.
(2)
The Tree Committee Chairperson will forward a complete
copy of the assessment to the Clerk-Treasurer for processing and billing.
(3)
The Village Clerk-Treasurer shall mail a notice of
the assessment to the private property owner at the last known address,
stating that unless paid within 30 days such assessment will be entered
on the tax roll as a special assessment 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.
(4)
The private property owner reserves the right to a
public hearing before the Parks Committee if requested within five
days after receiving the assessment.
(5)
The Village hereby declares that in making assessments
under this section it is acting under its police power and no damage
shall be awarded to any owner for the destruction of any dangerous,
nuisance, diseased or dead tree, wood or part thereof.
A.
Permit required. No person, except on order of the
Village Parks Committee, shall remove any trees or shrubs in public
areas or cause such act to be done by others without written permit
for such work from the Village Parks Committee as herein provided.
This includes all persons engaged in the business of cutting or removing
trees or shrubs.
B.
Permit required and conditions. When an application
for a permit is submitted, the Village Parks Committee must decide
that the proposed work described is in accord with the purpose of
this chapter. The Parks Committee must take into account safety, health
and welfare and location of utilities, public sidewalks, driveways
and streetlights.
C.
Permit exemption. No permit shall be required to cultivate,
fertilize or water trees and shrubs on the property identified as
Village boulevards/terraces.
D.
Permit form; expiration; inspection. Every permit shall be issued by the Village Parks Committee on a standard form which is serial numbered and includes a description of the work to be done and shall specify the exact location. Any work under such permit must be performed in strict accordance with the provisions of this chapter. Permits issued under this section shall expire six months after date of issuance. There is a charge for the permit as prescribed by Chapter 167, Fees.
E.
Permits to public utilities.
(1)
A permit may be 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 desired all-around clearance on primary
conductor lines [7,200 volts] is 10 feet, and secondary conductor
lines require five feet of clearance. The Village Parks Committee shall
limit the work to be done to the actual necessities of the utility
and may assign an inspector to periodically review the work done under
the provisions of the permit. The permittee shall adhere to the arboricultural
specifications and standards of workmanship set forth in the permit.
The expense of such inspection or supervision shall be charged to
the appropriate public utility.
(2)
A public utility may secure an annual working agreement
with the Village Parks Committee which gives the Village Parks Committee
the authorization to periodically review the work done associated
with trees and shrubs according to the provisions of the permit.
A.
Planting. As of the date of adoption of this chapter,
all trees planted on all public property, including boulevards, within
the Village of Theresa become the property of the Village.
(1)
The permit for planting shall be issued by the Parks Committee on a standard form which is serial numbered and includes the name, address and location of the plant site. Permits issued under this section shall expire six months after date of issuance. There is a charge for the permit as prescribed by Chapter 167, Fees.
(2)
No person shall plant any tree, shrub or other vegetation
in the public right-of-way terrace area, median center boulevard or
any other public area without first obtaining a written permit for
such work from the Village Parks Committee. The request for such a
permit shall specify the size, species and the variety of the tree,
shrub or other vegetation to be planted along with the planting procedure
and shall be submitted to the Village Parks Committee for approval
10 working days before planting. The Village Parks Committee shall
maintain tree and shrub lists approved by the Village Board.
(3)
There shall be a minimum distance of 18 feet between
terrace area trees. Mature size and landscape variables must be considered.
Side terrace trees shall be planted in equal distance between the
sidewalk or proposed sidewalk and the back of the curb or proposed
back of curb.
B.
Restrictions.
(1)
No person shall plant on any public or private premises situated at the intersection of two or more streets or alleys in the Village any hedge, tree, shrub or other vegetation planting which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection. The new plantings shall not be allowed in the clear-sight triangle as defined in § 325-2.
(2)
Only small-statured trees or shrubs are authorized
for planting under overhead utility wires. This applies to both public
and private property. Tree lists are available from the Village Parks
Committee.
(3)
Only shallow-root, small-statured trees or bushes
are authorized for planting over underground utilities. This applies
to both public and private property. Tree lists are available from
the Village Parks Committee.
C.
Public project landscaping. Public projects involving
streets, terraces, parks and public buildings shall have a landscape
plan identifying the proposed planting and layout of trees and shrubs
submitted to the Village Parks Committee as a component of the preliminary
application. This plan shall be approved by the Village Parks Committee previous
to start of project. Specific measures shall be taken to include,
to the extent possible, all existing trees as an integral part of
the landscape development.
D.
Private project landscaping. Private industry, including
manufacturing, commercial or retail, shall have a landscape plan identifying
the proposed planting and layout of trees and shrubs submitted to
the Village Parks Committee as a component of the preliminary application.
This plan shall be approved by the Village Parks Committee previous
to start of project. Specific measures shall be taken to include all
existing trees as an integral part of the landscape development.
A.
To ensure long-lived, high-quality shade trees, shaped
for maximum aesthetic appreciation and to prevent interference with
traffic and utility wires, all newly planted trees in public areas,
including terraces, shall be trimmed and shaped for five years after
planting.
B.
When trimming (pruning) is done by professionals,
all trees in public areas, including boulevards, shall be done according
to current technical specifications of the National Arborist Association
and current safety specifications of the American National Standard
for Tree Care Operations, ANSIZ133.1, and shall be OSHA approved.
The Village recognizes the trimming specifications in the publication
"Pruning Trees Near Electric Utility Lines" by Alex Shigo, former
Chief Scientist and Pioneering Progress Leader, United States Forest
Service, copyright 1990 or most recent, as the standards for trimming
in the Village. Current publications and specifications are available
from the Village Parks Committee.
(2)
In residential areas the trimming (pruning) of trees
on street boulevards/ terraces adjacent to a residence is the duty
and obligation of the owner. Specifications and procedures are available
from the office of the Village Parks Committee.
(3)
The Village will maintain all trees, shrubs and lawns
on all center boulevards.
C.
Trees and shrubs standing in or upon any boulevard/terrace
or public area 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 Parks Committee may waive the
provision of this subsection for newly planted trees if it is determined
that they do not interfere with public travel or endanger public safety.
The Village shall have the right to trim any tree or shrub in the
Village when it interferes with the safe use of streets or sidewalks
or with the visibility of any traffic control.
D.
Clearance from the sidewalk to the 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 (pruned) so that no branches shall grow or
hang over the line of the sidewalk lower than 10 feet above the level
of the sidewalk.
E.
All cuts above one inch in diameter shall be treated
with a tree wound compound (consult Village Parks Committee).
A.
Dangerous, obstructive and infected trees. Any public
tree or part thereof, whether alive or dead, which the Village Parks
Committee shall find to be infected, hazardous or a nuisance so as
to endanger the public or other trees, plants or shrubs grown within
the Village, or to be injurious to sewers, sidewalks or other public
improvements, may be removed by the adjacent owner or the Village.
Similarly affected trees on private property shall be removed, trimmed
or treated by the owner of the property upon which the tree is located.
The Village Parks Committee shall give written notice to said owner
to remedy the situation which shall be served personally or posted
upon the infected tree. Such notice shall specifically state the period
of time within which the action must be taken, which shall be within
not less than six days nor more than 14 days unless emergency situations
of risk to persons or property require removal in 24 hours as determined
by the Village Parks Committee 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 specified,
the Village shall cause such action to be performed and the cost of
such will be charged to the property owner.
B.
Stump removal. In cutting down trees located in public
and boulevard areas, the tree must be removed with the root stump
grubbed out, or ground out to the depth of at least seven inches below
grade measured in 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 practical.
C.
Removed trees to be replaced. All removed public trees
may be replaced with one or more trees, except for those which have
been removed as a visibility hazard.
D.
Liability. Nothing in this chapter shall be deemed
to impose any liability for damages or duty of care and maintenance
upon the Village or upon any of its officers or employees. The person
in possession of public property or the owner of any private property
shall have a duty to keep the trees upon the property in a safe, healthy
condition. Any person who feels a tree located, possessed, controlled
or owned by him is a danger to the safety of himself, others or structural
improvements on site or off site shall have the obligation to secure
around the tree or support the tree, as appropriate, to safeguard
both persons and improvements from harm.
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 permits from the Village Parks Committee in the case of a
boulevard/terrace 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 except to secure leaning or newly planted
trees.
(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.
B.
Excavations. All trees on any center boulevards 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.
A.
The Director of Public Works is hereby charged with
the responsibility for the enforcement of this chapter, in cooperation
with the Village Parks Committee, and may serve notice to any person,
partnership, firm or corporation or other legal entity who or which
violates any provision of this chapter by the institution of legal
proceedings as may be required. Criminal complaints and/or violations
of Village ordinance shall be turned over to the Police Department
for investigation and forwarded to the Village Attorney or District
Attorney for prosecution:
B.
In addition to the general penalty of this Code or any other penalty imposed for violation of any section of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of inventoried value or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 254-18 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with the Wisconsin Statutes:
Any person who receives a determination or order
under this chapter from the Village Parks Committee and objects to
all or any part thereof shall have the right to appeal such determination
or order within five days of the order, subject to the provisions
of Ch. 68, Wis. Stats., to the Village Board and filed with the Village
Clerk-Treasurer within the allotted time. 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, 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 conclusion and file its
written decision with the Village Clerk-Treasurer.
A.
Purpose. The purpose of this section is to define
unacceptable situations which are subject to abatement by the local
government. Conditions and situations that jeopardize public health
and safety are most commonly declared to be public nuisances. Hazardous
trees and trees which obstruct travel or line of sight fall into this
category.
B.
Public nuisances. Any tree, shrub or ground cover
growing or standing on private property in such a manner that any
portion thereof interferes with any public street, sidewalk, alley
or intersection thereof to any person or persons lawfully using such
trees, sidewalks, alleys or intersections shall constitute a public
nuisance. The following specific items are public nuisances whenever
they may be found within the Village of Theresa.
(1)
Any living or standing elm tree or part thereof infected
to any degree with the Dutch Elm Disease fungus, Ceratocystis ulmi
(Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus
multistriatus.
(2)
Any dead elm tree or dead part of any elm tree, including
logs, branches, stumps, firewood or other elm material from which
the bark has not been removed.
(3)
The following trees are not recommended and therefore
declared a public nuisance in the Village of Theresa:
(a)
Box elder and silver maple. Both of these trees
are close relatives, and both are classified as soft maples. The silver
maple has shallow roots which will clog sewer lines and lift pavement.
The wood of both trees is weak and very vulnerable to wind and ice
damage. There is no fall color. The box elder is short-lived and produces
a large seed crop.
(b)
Poplar species and cottonwood. These trees have
weak wood and shallow roots and are easily damaged by storms. Most
species of popular are very short-lived and susceptible to a number
of insect pests and diseases.
(c)
Siberian elm (also known as "Chinese elm").
This tree is susceptible to storm damage and produces a large amount
of seed.
(d)
Willow. This tree, while valued for its "weeping"
form and fast growth, often becomes a nightmare for its owner. Willows
are susceptible to numerous insect pests and diseases and have weak
wood that breaks easily during storms, and, due to the affinity for
water, their roots often clog drains and sewers.
C.
Negligent care of oak trees. It is hereby declared
a public nuisance for any person owning, leasing or occupying or having
charge of any premises in the Village of Theresa which has one or
more oak trees located thereon to intentionally, negligently, accidentally,
or otherwise maintain said premises in such a manner so as to cause
harm to any of said oak trees by reason of any of the following conditions:
(1)
Water saturation or deprivation.
(2)
Nailing, screwing, stapling, bolting, or otherwise
attaching boards, fences, signs, placards, posters, or any other material
which might cause injury to the oak tree.
(3)
Neglect in the pruning or trimming of overgrown, diseased,
decaying, dead, or rotting limbs, branches and foliage.
