Tree Board Ordinance 

ORDINANCE NO. 36-94

ORDINANCE REPEALING AND RECREATING TITLE 6, CHAPTER 3 OF THE CODE OF ORDINANCES OF THE VILLAGE OF BELGIUM OZAUKEE COUNTY, WISCONSIN.

BE IT ORDAINED, by the Village Board of the Village of Belgium, Ozaukee County, Wisconsin, that Title 6, Chapter 3 of the Municipal Code of Ordinances of the Village of Belgium is hereby repealed and recreated as follows:

CHAPTER 3

Trees and Shrubs

6-3-1 Village Tree Board

6-3-2 Public Tree Care

6-3-3 Tree Topping

6-3-4 Pruning; Obstruction of Streets, Street Lamps, View at Intersections, View of Traffic Signs

6-3-5 Removal of Trees and Stumps

6-3-6 Interference With Village Tree Board or Village Employees or Agents

6-3-7 Review by Village Board

6-3-8 Penalty

SEC. 6-3-1 VILLAGE TREE BOARD.

(a) Definitions.

Park Trees. Trees, shrubs, bushes and all other woody vegetation in public parks and all areas owned by the Village or to which the public has free access as a park.

Street Trees. Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the Village.

(b) Creation and Establishment of a Village Tree Board. There is hereby created and established a Village Tree Board for the Village which shall consist of five (5) members who are residents of the Village who shall be appointed by the Village President with the approval of the Village Board. The Village President shall also appoint, with the approval of the Village Board, a first alternate member and a second alternate member to act only when a regular member is absent or refuses to vote because of interest. The second alternate member may act only when the first alternate is unable to act or is already sitting.

(c) Term of Office. The term of the five (5) persons to be appointed by the President shall be three (3) years, except that the term of two (2) of the members appointed to the first Board shall be for only one year and the term of two (2) members of the first Board shall be for two (2) years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term. The term of the alternate members shall be three (3) years.

(d) Compensation. Members of the Board shall serve without compensation.

(e) Duties and Responsibilities. The Board shall study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees, shrubs, plants and other landscaping in parks, along streets and in other public areas.') Such plan will be presented annually to the Village Board and, upon their acceptance and approval, shall constitute the official comprehensive Village plan for the Village. The Board, when requested by the Village Board, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.

(e) Operation. The Tree Board shall choose its own officers, make its own rules and regulations and keep minutes of its proceedings. No member shall be eligible to serve as Chairman for more than one (1) year, but such member shall again be eligible to serve as Chairman after one full year has elapsed since that member last held such office. A majority of the members shall be a quorum for the transaction of business.

(g) Species: Spacing: Distance. The Tree Board shall establish a list of all acceptable street tree species for the Village. No species other than those included on said list may be planted as street trees without written permission of the Tree Board. The Tree Board shall establish a written policy for the spacing of street trees and setting forth the distance trees may be planted from curbs, curb lines, sidewalks, street corners and fire hydrants.

(h) Utilities. No street trees other than those identified by the Tree Board pursuant to Subsection (g) may be planted under or within ten (10) lateral feet of any overhead utility wire or over or within twenty (20) feet of any underground waterline, sewer line, transmission line or other utility.

SEC. 6-3-2 PUBLIC TREE CARE.

The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

SEC. 6-3-3 TREE TOPPING.

No person, firm or Village department shall, as a normal practice, top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than 3" in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions, where other pruning practices are impractical, may be exempted from this subsection at the determination of the Village Tree Board.

SEC. 6-3-4 PRUNING; OBSTRUCTION OF STREETS, STREET LAMPS, VIEW

AT INTERSECTIONS, VIEW OF TRAFFIC SIGNS.

(a) Every owner of any tree overhanging any street shall prune the branches so that such branches do not obstruct the light from any street lamp, and so that there shall be a clear space of ten (10) feet above the surface of the street or sidewalk.

(b) 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 tree, shrub, hedge or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection.

(c) NO person shall maintain, plant or permit to remain on any private or public premises any tree, shrub, bush or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign or driveway approach to a street in the Village.

(d) It shall be the duty of every owner of a tree, shrub, bush or other vegetation to remove the obstructions as set forth in Subsections (a), (b) and (c) hereof. Any tree, shrub, bush or other vegetation which obstructs a street lamp, sidewalk, the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel and the Village may order, by written notice, the owner or occupant of any private place or premises on which there stands such obstruction to take such steps as are necessary to remove such interference. If such owner or occupant fails, within ten (10) days of receipt of notice, to take such necessary steps, the Village shall remove the interference. The cost of removing the interference shall be levied and collected as a special charge upon the property which or in front of which such obstructing tree, shrub, bush or other vegetation stands.

SEC. 6-3-5 REMOVAL OF TREES OR SHRUBS.

(a) Dangerous, Obstructive and Infected Trees. Any tree or part thereof, whether alive or dead, which the Village 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 shall give 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 twenty- four (24) hours nor more than fourteen (14) days as determined by the Village 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 limited, the Village 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) Removal Standards. 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 (9) inches below grade measured in a straight line with the normal grade of sidewalk to top of nine (9) 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 the each working day and all holes shall be filled to normal grade level with topsoil as soon as practical.

(c) Private Removal. Except as otherwise provided herein, no person, firm, organization or corporation shall trim, remove or destroy any tree or shrub located in or upon any public place, until written permission shall have been issued by the Village Tree Board. Such permission shall be given only when the removal, trimming or cutting of the tree or shrub is necessary, as determined by the Board, because of disease, damage, hazardous condition, and/or location, or its location is such that substantial detriment is done to the property abutting the same. Such written permission shall expressly state the premises upon which the tree stands and the location of the tree thereon. Notwithstanding the foregoing provisions, any public utility may trim, remove or destroy any tree or shrub located upon any public place after receiving verbal permission from the Village Superintendent of Public Works. Such verbal permission shall only be given for the reasons set forth above.

SEC. 6-3-6 INTERFERENCE RITE VILLAGE TREE BOARD OR

VILLAGE EMPLOYEES OR AGENTS.

No person shall prevent, delay or interfere with the Village Tree Board, Village employees, or any of their agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any trees, shrubs, hushes or other vegetation on private grounds as authorized in this ordinance.

SEC. 6-3-7 REVIEW BY VILLAGE BOARD.

The Village Board shall have the right to review any conduct, acts and decisions of the Village Tree Board. Any person may appeal from any ruling or order of the Village Tree Board to the Village Board who may hear the matter and make a final decision.

SEC. 6-3-8 PENALTY.

Except as otherwise provided in this Chapter, any person who violates any provision of this Chapter shall be subject to a penalty as provided in Section 1-1-6 of this Municipal Code.

This Ordinance shall be effective upon passage and posting.

Dated this 7th day of November 1994.

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