Sec. 6-4-6 Assessment of Costs of Abatement.

   (a)   Public Property; Terrace Areas. Except as provided herein, the cost of abating any public nuisance or treating any diseased tree, or part thereof, when done at the direction of the Forester shall be borne by the Village as to any growth, tree or shrub located upon property owned by the Village of Edgar. Exception: The abating of a public nuisance or treating trees or wood located in the terrace strip between the lot line and the curb shall be considered work done on private property; the cost thereof shall be assigned to the adjacent property owner.

   (b)   Private Property. The cost of abating a public nuisance or treating diseased trees 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 or diseased tree or wood is located as follows:

      (1)   Accounting. The Forester shall keep a strict account of the cost of such work or treatment 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)   Hearing. Upon receiving the Forester's report, the Village Board, or a designated standing committee thereof, shall hold a public hearing on such proposed charges, giving at least fourteen (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 municipality 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 levied as a special charge against his/her premises and the work for which such special charge is being made.

      (3)   Village Board Determination. After such hearing, the Village Board, or a designated standing committee thereof, shall affirm, modify and affirm or disapprove such special charges by resolution and shall cause a copy thereof to be published. Upon adoption and publication of such resolution, special charges made thereby shall be deemed final.

      (4)   Property Statements. The Village Administrator shall mail notice of the amount of such final special charge to each owner of property assessed at his/her last-known address, stating that, unless paid within thirty (30) days of the date of the notice, such special charge will be entered on the tax roll 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 special charge.

      (5)   Police Power Special Charges. The Village of Edgar 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.

      (6)   Special Charge Situations. When abating tree nuisances on an individual parcel or small number of private parcels, the cost of the abatement work may be charged against the property as a special charge pursuant to Sec. 66.0627, Wis. Stats.

Sec. 6-4-7 Planting of Trees and Shrubs on Public Property; Landmark/Heritage Trees.

   (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.

Sec. 6-4-8 Trimming.

   (a)   General Standards. Prior to major trimming activity involving a public tree or terrace tree, the permit requirements of Section 6-4-7(a) shall be complied with. Any person growing a tree, plant or shrub on any private property abutting on public streets or public property shall:

      (1)   Trim them so as not to be a hazard to persons using the streets or to interfere with the proper lighting of the streets.

      (2)   Treat or remove any tree, plant or shrub which the Village Forester shall determine is diseased or insect-ridden or a hazard to persons using the streets.

      (3)   Remove and refrain from planting any tree, plant or shrub designated by the Village or the Wisconsin Department of Agriculture, Trade and Consumer Protection (WisDATCP) and published in its regulations to be a host or carrier of a dangerous plant disease or insect pest.

   (b)   Terrace Work by Village. Owners of any property may arrange to have any terrace or utility easement tree, plant or shrub sprayed, trimmed or removed by the Village of Edgar and pay for such service at the rates established by the Village Board.

   (c)   Trimming.

      (1)   Trees and shrubs standing in or upon any terrace, public area or upon any private premises adjacent to any public right-of-way or public areas shall be kept trimmed by their owner (or adjacent property owner) so that the lowest branches projecting over the public street or alley provide a clearance of not less than fourteen (14) feet. The Village Forester may waive the provisions of this Section for newly planted trees if he/she determines that they do not interfere with public travel, obstruct the light of any street light or endanger public safety.

      (2)   The necessity of the pruning may be determined by the Village Forester.

      (3)   Clearance from sidewalk to lower branches shall not be less than seven (7) 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 seven (7) 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.

      (4)   It shall be avoided as a normal practice for any person, firm or Village department to top any public tree. Trees severely damaged by storms or other causes where other pruning practices are impractical may be exempted from this Chapter if so determined first by the Village Forester. Trimming or pruning of more than two-thirds (2/3) of the crown shall be considered to be a major alteration and shall require authorization from the Village Forester.

   (d)   Tree Ownership Disputes. When ownership of a tree is disputed, the property owner must establish where the property line is before any work commences.

   (e)   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 each working day and all holes shall be filled to normal grade level with topsoil as soon as practicable. The abutting property owner shall have a right of first refusal to keep the wood, provided such wood is not diseased.

Sec. 6-4-9 Trees and Shrubbery Obstructing View at Intersection or View of Traffic Signs.

   (a)   Vision Clearance at Intersections.

      (1)   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 (2) or more streets or alleys in the Village of Edgar any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection.

      (2)   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 or driveway approach to a street in the Village of Edgar. It shall be the duty of every owner of such tree, bush, shrubbery or vegetation to remove such obstruction.

   (b)   Abatement. 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 Village Forester may order, by written notice, the owner or occupant of any private place or premises on which there stands a tree or shrub which unreasonably interferes with or encroaches upon the street or sidewalk, 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 Forester and/or other Village employees shall order the Village employees to remove the interference. The cost of removing the interference shall be levied and collected as a special tax upon the property upon which or in front of which such tree or shrub stands.

   (c)   Penalties. Any person who is an owner or occupant or firm or corporation failing to obey the written notice of the Village Forester as specified in Subsection (c) above shall, upon conviction thereof, be subject to a forfeiture as established in Section 1-1-6 of this Code of Ordinances.

Sec. 6-4-10 Prohibited Acts.

   (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 Forester in the case of a terrace-area tree, public tree or shrub, perform or cause to be performed 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 bum 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 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.

      (7)   Remove any Landmark/Heritage tree without a permit, without cause demonstrated for removal; following permission from the Village Forester, a replacement tree with a minimum diameter of two (2) inches shall be planted.

   (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 ten (10) feet from any public tree without a permit from the Village Forester.

   (c)   Interference With Forester. No person shall:

      (1)   Interfere with or prevent any acts of the Village Forester, his/her agents or employees while they are engaged in the performance of duties imposed by this Chapter.

      (2)   Refuse to permit the Forester or his/her duly authorized representative to enter upon his/her premises at reasonable times to exercise the duties imposed by this Chapter.

   (d)   Refusal to Abate Nuisance. No person shall permit any public nuisance to remain on any premises owned or controlled by him/her when ordered by the Forester to abate such nuisance.

   (e)   Clear Cutting Existing Trees. New property owners as of the time of adoption of this Chapter shall not clear cut trees on private property unless a replacement tree two (2) inches diameter or greater at breast height is planted, as determined by the Village Forester. If a removed tree cannot be replaced on private property, a replacement tree shall be planted on public property as directed by the Village Forester. The private property owner shall pay the cost of replacement trees.

Sec. 6-4-11 Appeal from Determinations or Orders.

Any person who receives a determination or order under this Chapter from the Village Forester and objects to all or any part thereof shall have the right to appeal such determination or order, subject to the provisions of Title 4 of this Code of Ordinances and Chapter 68, Wis. Stats., to the Village Board within seven (7) days of receipt of the order and the Village Board shall hear such appeal within thirty (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 ten (I 0) days after the hearing has been concluded. The Village Board shall file its written decision with the Village Administrator.