(a) Purpose; Permit Requirements.
(1) Generally.
The Village Board hereby states its determination that the planting, care and protection of public trees within the Village of Edgar is desirable for the purposes of beauty, shade, comfort, noise abatement and economic betterment, and hereby encourages all persons to assist in a program of tree planting, care and protection.
(2) Permit Required for Planting on Public Property.
No person, except upon the issuance of a permit from the Village, shall plant, transplant, move, spray, brace, trim, prune, cut above or below ground, disturb, alter or do surgery on a public tree or shrub in the Village of Edgar, or cause such act to be done by others, without first getting a written permit for such work from the Village Forester or Village Administrator as herein provided. Other instances are specified in this Chapter where a permit is required.
(3) Exemptions.
No permit shall be required to cultivate, fertilize, perform minor cutting or pruning or watering of public trees or shrubs, including those on a terrace area.
(4) Requirements and Conditions of Permits.
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 sidewalks, driveways and street lights, general character of the area in which the tree or shrub is located or proposed to be located, type of soil, characteristics and physiological needs of the species or variety of trees or shrub, he/she shall issue a permit to the applicant upon presentation of the receipt of the Village Administrator showing payment of the required fee. As a condition of granting any permit to remove a public tree or shrub, the Village Forester or designee may require that the permittee plant one (1) or more trees or shrubs in place of the one removed, and no permittee under such a permit shall fail, refuse or neglect to plant trees or shrubs of the type, size and location specified in his/her permit.
(5) Form, Expiration and Inspection.
The application for a permit shall include a description of the work to be done and shall specify the species or variety, size, nursery grade and location of trees or shrubs to be planted, if any. Any work done under such permit must be performed in strict accordance with the terms thereof and the provisions of this Chapter. Permits issued under this Chapter shall expire six (6) months after date of issue.
(6) Fee.
There shall be no fee for such a permit.
(7) Permits to Public Utilities.
Whenever a permit is issued under this Chapter to a public utility to move, 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, and the expense of such inspection or supervision shall be charged to the utility.
(8) House Moving Permits.
No person shall move any building, structure or object exceeding thirteen (13) feet in height or width upon, over or along any public right-of-way or other public place without first obtaining a written permit from the Village Administrator who may require the applicant to furnish a bond or cash deposit to cover the cost of repairing or replacing any public trees or shrubs which are injured as a result of the moving operations, specify the route to be taken and impose any other conditions reasonably necessary for the protection of nearby public trees from injury. Permits under this Chapter shall expire thirty (30) days after date of issue.
(b) Tree Planting Program. The Village Forester shall recommend to the Village Board a program for tree planting, care and protection for public parks. The Village Board shall also encourage the planting, care and protection of trees and shrubs on private premises within the Village of Edgar.
(c) Prohibited Tree Species.
(1) Cottonwood and Box Elder Trees Prohibited.
No person shall plant within the Village of Edgar any female tree of the species Populus Deltoides, commonly called the "Cottonwood," or any tree commonly called the seed-bearing Box Elder Acer Negundo, which may now or hereafter become infested with Box Elder Bugs, and such trees are hereby declared a nuisance. Any person planting any such trees on his/her premises shall cause the same to be removed. If any owner shall fail to remove any such tree within thirty (30) days after receiving written notice from the Village Forester, the Village shall cause the removal of such tree and report the full cost thereof to the Village Administrator who shall place such charge upon the next tax roll as a special charge against the premises.
(2) Planting of Certain Trees Restricted.
Except in public parks, no person shall hereafter plant any Catalpa, Chinese Elm, White Poplar, Weeping Willow, Evergreen, Lombardy Poplar, Silver Maple, or any fruit, nut or fir/pine tree in or upon any public street, parkway, terrace or other public place within the Village of Edgar unless he/she shall first secure written permission from the Village Forester, who shall not approve any such planting if, in his/her 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.
(d) Planting; Location.
(1) Planting Standards.
a. All new street trees must be selected from a list of approved trees compiled by the Village Forester. No other species may be planted without the written approval of the Village Forester. New trees must be single stemmed with a minimum diameter of one and one-quarter (1-1/4) inches measured at six (6) inches above ground level.
b. The tree shall be planted in a well prepared hole at the same depth as it was originally growing. All trees less than twelve (12) feet high shall be staked. All trees twelve (12) feet or more in height shall be supported by guy wires in such a way as not to injure the bark. The support shall be removed after a year.
c. The tree shall be kept well watered and mulched or cultivated in a two (2) foot diameter around its base to conserve moisture and as a protection from lawn mower damage.
d. The good health of all trees planted hereunder shall be guaranteed for one (1) year by the applicant, after which time such trees shall become the property of the Village.
(2) Spacing.
The spacing of right-of-way trees will be in accordance with the three species size classes listed in this Chapter. No trees may be planted closer together than the following, except in special plantings designed by a landscape architect and recommended by the Village Forester, with final approval of the Village Board:
a. Small trees: Thirty (30) feet.
b. Medium trees: Forty (40) feet.
c. Large trees: Fifty (50) feet.
(3) Distance Between Curbs and Sidewalks.
Where required, curbs and sidewalks must be installed prior to street tree planting. Distance between the face of the curb and the outer edge of the sidewalk must be at least four (4) feet. Trees must be planted half way between the sidewalk and curb unless underground utilities prevent such planting. No tree shall be planted closer than two (2) feet from the curb.
(4) Terrace Planting Standards.
Trees may not be planted in the terrace closer than:
a. Fifteen (15) feet to a driveway or alley.
b. Six (6) feet to a fire hydrant, water stop box or gas shut-off. If possible, allow more distance than six (6) feet.
c. Twenty-five (25) feet to the intersection of two (2) streets from either comer measured on the property line.
d. Twenty-five (25) feet to another tree. [If the other tree is an elm or other species which is damaged, injured or diseased and likely to be removed in the future, then a thirty-five (35) foot distance to the next nearest healthy tree will prevail.]
(5) Stump Removal.
New street trees shall not be planted over an existing tree stump within two (2) years of removal unless the stump is removed to a depth of four (4) feet.
(6) Underground Utilities Determination.
The property owner has the responsibility to locate underground utilities before digging by contacting Digger's Hotline.
(7) Evergreens.
Evergreen trees shall not be planted in a terrace area.
(e) 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 of Edgar may remove such trees, plants or shrubs and assess the costs thereof to the owner as a special charge pursuant to Sec. 66.0627, Wis. Stats.
(f) Frames. Any person, adjacent to whose land any shade or ornamental tree or shrub is growing in any street, may, for the propose 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.
(g) Acceptable Trees. Certain plants are more suited than others to provide these benefits under various landscape conditions. The lists following provide a range of sizes and tree variety; they are not inclusive of all the better plants but are representative of them.
(1) Alder, Black (Alnus glutinosa)
(2) Alder, Speckled (Alrus rugosa)
(3) Birch, River (Betula nigra), especially Heritage
(4) Cherry, Sargent (Prunus sargentii)
(5) Chokecherry, Schubert (Prunus virginiana "Schubertii")
(6) Corktree, Amur (Phellodendron amurense)
(7) Corktree, Sakhalin (Phellodendron sakhalinense)
(8) Dogwood, Kousa (Cornus kousa)
(9) Dogwood, Corrcliancherry (Cornus mas)
(10) Elm, Chinese (Ulmus parvifolia; not Siberian elm)
(11) Ginkgo (Ginkgo biloba), male clones only
(12) Hackberry (Celtis occidentalis), esp. Chicagoland, Prairie Pride and Windy City
(13) Honeylocust, Thornless Common (Gleditsia triacanthos inermis), many cultivars available; vastly overused; would discourage continued planting
(14) Hornbeam, American (Carpinus caroliniana)
(15) Hornbeam, European (Carpinus betulus)
(16) Hophornbeam, American (Ostrya virginiana)
(17) Katsuratree (Cercidiphyllum japonicum)
(18) Linden, Crimean (Tilia X euchlora), esp.
(19) Linden, Littleleaf (Tilia cordata), esp. Glenleven, Greenspire and June Bride
(20) Linden, Silver (Tilia tomertosa)
(21) Maple, Hedge (Acer campestre)
(22) Maple, Paperbark (Acer griseum)
(23) Maple, Three-flower (Acer triflorum)
(24) Maple, Miyabe (Acer miyabei)
(25) Maple, Norway (Acer platanoides), esp. Cleveland, Emerald Queen, Schwedler, Summershade and Superform. May be too big for many areas; too shady, often preventing lawn growth
(26) Maple, Red (Acer rubrum), esp. Autumn Blaze, Marmo, Morgan, Northwood, October Glory and Red Sunset
(27) Maple, Sycamore (Acer pseudoplatanus)
(28) Maple, Tartarian (Acer tataricum)
(29) Maple, Purpleblow (Acer truncatum)
(30) Oak, Bur (Quercus macrocarpa)
(31) Oak, English (Quercus robur)
(32) Oak, Pin
(33) Oak, Red (Quercus rubra or Q. borealis)
(34) Pear, Callery (Pyrus calleryana), esp. Chanticleer and Fauriei [cultivars such as Bradford and Aristocrat are proving to be landscape liabilities as they age beyond fifteen (15) years]
(h) Landmark/Heritage Trees. The Village Forester shall have as one of his/her duties the location, selection, and identification of any trees which qualify as "Landmark/Heritage Trees." Landmark Trees may be either public or privately owned trees, and not be removed without a permit under this Chapter. A tree may qualify as a Landmark Tree if it meets one (1) or more of the following criteria:
(1) Species rarity.
(2) One hundred (100) years of age or older.
(3) Association with a significant historical event or person.
(4) Interesting or significant abnormality.
(5) Meets Landmark Tree or Historic Tree criteria established by the State of Wisconsin.
(6) Has a diameter twenty-six (26) inches or greater.