(1)

PURPOSE AND INTENT. This section establishes policies, regulations, and standards necessary to ensure that the Village of Germantown will continue to realize the benefits provided by its urban forest. The provisions of this chapter are enacted to:

(a)

Establish and maintain the maximum amount of tree cover on public and private lands in the Village of Germantown.

(b)

Maintain trees in a healthy and nonhazardous condition through good arboricultural practices.

(c)

Establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest.

(2)

DEFINITIONS.

(a)

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

(b)

Private Trees. Any and all trees growing on private property within the Village limits as of or after the effective date of the ordinance from which this section or successful sections derives and which are not defined or designated in this chapter as street trees, park trees, or public trees.

(c)

Public Nuisance. Any tree or shrub or part thereof growing upon private or public property which is: interfering with the use of any public area; infected with an infectious pest; or endangers the life, health, safety, or welfare of persons or property can be declared a public nuisance.

(d)

Public Utility. Any public, private or cooperatively owned line, facility, or system for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil products, water, waste or stormwater, which directly or indirectly serves the public or any part thereof within the corporate limits of the Village.

(e)

Street Trees. Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, roads, medians, avenues, or ways within the Village.

(f)

Street Trees. Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, roads, medians, avenues, or ways within the Village. A Street Tree may function as a Stormwater Tree where specifically selected and installed as a component of a stormwater management plan. (Am. Ord. #07-2023)

(g)

Vision Corner. The space formed by any 2 existing or proposed intersection street or alley right-of-way lines (property lines) and a line joining points on such lines located a minimum of 15 feet from their intersection. In the case of arterial streets intersection with other arterial streets or railways, the corner cutoff distances establishing the triangular vision clearance space shall be increased from 15 feet to 50 feet.

(3)

VILLAGE COMPREHENSIVE TREE PLAN. A Comprehensive Tree Plan for the Village of Germantown shall be developed by the Director of Public Works, Parks and Recreation Director, Buildings and Grounds Foreman, Village Planner and Village Forester. The Plan shall be forwarded to the Public Works Committee for its recommendation, and adopted by the Village Board.

(a)

Development of the Tree Plan.

1.

It shall be the responsibility of the plan to study, investigate, counsel, and develop and/or update, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public places. Such plan will be presented to the Village Board upon their acceptance and approval shall constitute the official comprehensive city tree plan for the Village of Germantown.

2.

The plan shall consider, investigate, make finding, report, and recommend upon any special matter or question coming with the scope of its work.

3.

The plan shall consist of a list of desirable trees for the planting along streets in 3 size classes based on mature height: small (under 20 feet), medium (20 to 40 feet), and large (over 40 feet). Lists of trees not suitable for planting will also be included within the plan.

(4)

PLANTING OF TREES ON PUBLIC RIGHT-OF-WAY ALONG ROADS. The Village shall have jurisdiction, direction, authority, control, and supervision over that part of every street, the grade of which has been established lying between the lot line and the curb, or curb line, and trees on any property, which may in any way have effect upon public property, and upon the public welfare of the Village of Germantown, and for the planting, care, maintenance, protection and removal thereof. The Village Board shall have the authority to make such rules and regulations as it may deem applicable for carrying out the purpose of this section.

(a)

Permit Required. No tree shall be planted on the public right-of-ways within the Village of Germantown until a permit shall first have been obtained by the owner of the property abutting on the frontage thereof, or his authorized agent. Such permit shall be obtained from the Building and Grounds Foreman, and shall be issued only after the Buildings and Grounds Foreman has eceived a validated application for said permit.

(b)

Application for Permit. Application for the permit shall be obtained from the Village Clerk and validated by the Building and Grounds Foreman or Village Forester. A separate application and a separate permit and a fee are required for each tree intended to be planted.

(c)

Compliance with Vision Clearance. No application shall be validated or permit issued unless the provisions of the Municipal Code of the Village of Germantown requiring vision clearance on corner lots shall have been complied with.

(d)

Fee. Any person, firm, or corporation intending to plant a tree on the public right-of-way shall submit an application for a permit and pay a fee of $5.00 for each tree to be planted.

(e)

Inspection. The owner/applicant/developer shall provide written notice to the Village of the dates to start and finish planting. An inspection by the Village is to be done 30 days from the finish date.

(f)

Specifications. Applications for street tree permits must comply with the specifications for planting as promulgated by the Village.

(5)

PLANTING OF TREES ON PRIVATE PROPERTY. It is hereby declared to be the policy of the Village of Germantown to regulate or control all trees, shrubs, or other like obstructions growing or to be planted in or upon any private premises which shall threaten the lives, health, safety, and welfare of the public or of the property owned or controlled by the Village. It is the intent of the Village that the provisions of this section shall apply to all trees, shrubs, or plants growing or hereafter planted in or upon private property, which threatens the lives, health, safety, and welfare of the public.

(a)

Planting and Maintaining. No person shall maintain, plant, or permit to remain on any private premises situated at the intersection of 2 or more streets or alleys in the Village any hedge, tree, shrub, or other like obstruction within the vision corner of any street or alley intersection, which may obstruct the view of the operator of any motor vehicle approaching such intersection, to the extent that such operator is unable to observe other vehicles or pedestrians approaching or crossing said intersection. Any such hedge, tree, shrub, sign, or other like obstruction is hereby declared to be a public nuisance.

Specifically, it must be 2½ feet and 10 feet above the mean curb grades within the triangular space formed by vision corner.

(b)

Failure to Remedy Public Nuisance. If the owner of such premises shall fail to remedy the situation upon receipt of a 30-day written notice, either personal or by publications, from the Village, the Village shall treat or remove such obstruction or part thereof as hereinafter provided and the expense thereof shall be a charge against the property upon which the tree or shrub is located.

(c)

Removal of Hazardous Trees. Any tree or part thereof which the Village, upon examination, shall find to be infected or hazardous so as to be injurious or to endanger the public or shall be injurious to sewers, curbs, sidewalks, or other public improvements, if growing upon a private premises shall be removed by the property owner. If the owner shall fail to remedy the situation upon receipt of a 14-day written notice, either personally from the Village, or by publication in the Villages newspaper, the Village shall treat or remove such tree or part thereof. The Village shall keep a record of the labor and cost of treatment or removal of the tree or part thereof and charge the same against the property owner or owners and the cost thereof shall be entered as an assessment against the property.

Any property owner given a notice as heretofore provided may, by a written notice to the Village within 7 days of the notice, postpone the treatment or removal of the tree or part thereof by the Village, and he shall have the right to appeal the order to the Board of Appeals. No damage shall be awarded to any property owner for the destruction of a tree or a part thereof pursuant to this section.

(d)

Delay of Interference. No person shall delay or interfere with the Village Board or any of the Village employees following lawful directions of the Board in compliance with orders heretofore stated.

(6)

MAINTENANCE OF STREET TREES.

(a)

Trimming, Pruning and Corner Clearance. Every owner of any tree overhanging any street or right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above street surface or 10 feet above the sidewalk surface. Said owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The Village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street light, or interferes with visibility of any traffic control device or sign or sight triangle at intersections. Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the electric utility company of jurisdiction in compliance with any applicable franchise agreements.

(b)

Tree Topping. It shall be unlawful as a normal practice for any person, firm, or Village department to top any street tree or other tree on public property. 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 section at the determination of the Village Forester.

(c)

Removal of Stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

(7)

DEAD OR DISEASED TREE. The Village shall have the right to cause the remedy or removal of any dead or diseased trees on private property within the Village, when such trees constitute a hazard to life and property, or harbor insects or disease, which constitute a potential threat to other trees with the Village.

The Director of Public Works or Village Forester shall notify in writing the owners of such trees. Removal or corrective action shall be done by said owners at their own expense not more than 30 days of the receipt of notice, as determined by the Village Forester based on the seriousness of the tree's condition, and the danger to public safety. In the event of a failure of owners to comply with such provisions, the Village shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice. The Village must be sure that the tree is diseased before removal.

It shall be unlawful for any person to carry or transport into the Village any trees, logs, or branches known to be affected with any communicable disease or insect, which may affect trees. Any such material brought in the Village shall be disposed of by the parties responsible for bringing the diseased or infected trees, logs, or branches into the Village in the manner and in a location designated by the Director of Public Works or Village Forester.

(8)

ADJACENT LANDOWNER RESPONSIBILITY. No person shall remove, trim, cut roots, or disturb any public tree on any street, park, or other public place without a permit. The person receiving the permit shall abide by the standards set forth in this ordinance and by the Village Forester.

(9)

APPEALS. Any person who receives a determination or order from the Village and objects to all or any part thereof may appeal to the Tree Board within 7 days of receipt of the order, and the Board shall hear such appeal within 45 days of receipt of written notice of the appeal. After such hearing, the Board may reverse, affirm, or modify the order of determination appeal. The grounds for its decision shall be stated in writing. The 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 Village Clerk.

(10)

SEVERABILITY. If any provision of this ordinance shall be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not invalidate any other provision of this section.

(11)

INTERFERENCE WITH VILLAGE. It shall be unlawful for any person to prevent, delay, or interfere with the Village, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized by this section.

(12)

PENALTY. Any person violating any provision of this section shall be, upon conviction or a plea of guilty, subject to a fine not to exceed those provided in section 18 [sic] of the Municipal Code.