HomeMy WebLinkAboutChapter 26 - Trees and Vegetation
City of Oshkosh Municipal Code
Revised 03/14/17
CHAPTER 26
TREES AND VEGETATION
26-1 Intent and Purpose
26-2 Definitions
26-3 Standards and Specifications
26-4 City Forester
26-5 Public Nuisance, Declaration and Abatement
26-6 Prohibited Acts Regarding Public Trees and Shrubs
26-7 Planting, Removal, Maintenance, and Protection of Public Trees and Shrubs
26-8 Relocation/Shut off of Electrical Service Wires for Tree Work
26-9 Tree Protection during Construction on Public Property
26-10 Home Moving Permits
26-11 Permits to Public Utilities
26-12 Appeal from Order of the City Forester
26-13 Penalties
26-14 Severability
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26-1 INTENT AND PURPOSE.
Having determined that a well- managed urban forest provides many benefits to the city, its residents and
visitors; it is hereby declared to be the policy of the City of Oshkosh. Wisconsin, to regulate, finance and
control the planting, removal, maintenance, and protection of trees and shrubs upon or in all public areas of
the city in order to:
(a) Promote and enhance the aesthetics and general welfare of the city.
(b) Minimize dangerous conditions which may result in injury to persons using the public areas
of the city.
(c) Minimize damage to any public sewer, water main, street, sidewalk or other public
property.
(d) Promote desirable and safe planting, removal, maintenance and protection practices for
trees and shrubs in public areas.
(e) Minimize damaging effects of construction, alteration or repair of utility facilities and other
improvements in any public area on trees and shrubs.
(f) Minimize the spread of disease, insects, or pests to trees and shrubs, both public and private,
within the city.
26-2 DEFINITIONS
(1) “Clear-vision triangle” shall mean a triangle shaped zone formed by the existing or proposed curb
lines of two or more intersecting streets, roads or alleys and a third line connecting said curb lines at
a distance of thirty (30) feet in each direction from the point of curb line intersection, in order to
provide vehicular traffic an unobstructed view of cross traffic at intersection.
(2) “Maintenance and protection” shall include all operations of trimming, pruning, spraying, injecting,
fertilizing, treating, bracing, cabling and cutting of any tree or shrub above or below ground.
(3) “Permit” shall mean written permission from the City Forester to perform maintenance and
protection on any public tree or shrub, or do construction (as defined in section 26-07 in the vicinity
of any public tree or shrub. Any permit may include specifications which shall be complied with,
and any special provisions applicable to the purposes of the permit.
(4) “Right-of-Way” shall include all public streets, roads, boulevards, median strips, roundabouts,
alleys, and sidewalks.
(5) “Public Property” shall include all rights-of-way, parks, and other lands owned, controlled, or
leased by the city.
(6) “Public nuisance” shall mean any tree or shrub or part thereof which by reason of its condition and
location has been declared to be a public nuisance under Section 26-05 of this Ordinance.
(7) “Tree” shall mean a woody plant usually with a single stem un-branched at the base, reaching a
height of twelve feet or more.
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(8) “Shrub” shall mean a woody plant usually with multiple stems branched at or near the base,
reaching a height of less than twelve feet.
(9) “Public trees and shrubs” shall mean any tree or shrub as herein defined, presently or hereafter
planted in or upon any public property.
(10) “Street tree” shall mean any public tree presently of hereafter located in the public right-of-way
between the curb and public sidewalk, or between the curbs of a median strip, or equivalent location
with respect to future curb, sidewalk or median strips where such curbs or sidewalk are not yet
installed.
(11) “Topping”, also known as heading, hat racking, dehorning or rounding over shall mean the cutting
of large diameter branches at a point between lateral shoots thereby leaving stubs, and resulting in
substantial size reduction and destruction of the natural form and shape of a mature tree.
26-3 STANDARDS AND SPECIFICATIONS
The most recent versions of the following documents, each in its entirety and on file in the City Forester’s
office, are hereby adopted and a made a part of this Ordinance upon passage.
(a) City of Oshkosh Forestry Specifications for Construction on Public Lands
(b) ANSI A300 “American National Standard for Tree Care Operations-Tree, Shrub and Other Woody
Plant Maintenance-Standard Practices”
(c) ANSI Z60.1 “American Standard for Nursery Stock”
26-4 CITY FORESTER
(1) Powers and Duties. The City Forester, subject to the direction and supervision of the
Director of Parks, shall have the following general powers and duties:
(a) To direct, manage, supervise, and control the planting, removal, trimming, maintenance, and
protection of all trees and shrubs in or upon all public areas of the city; to supervise city personnel
and private contractors in the planting, removal, trimming, maintenance, and protection of said
trees and shrubs.
(b) To cause the provisions of this ordinance to be enforced.
(c) To guard all trees and shrubs within the city against the spread of plant diseases, insects or pests; to
minimize conditions which may endanger the life, health, or safety of persons or property.
(d) To use appropriate means of communication to inform the public concerning the forestry program
and tree and shrub care.
(2) Authority to Preserve and Remove Public Trees and Shrubs. The City Forester shall have the authority
to plant, remove, maintain, and protect all public trees and shrubs or cause such work to be done as
may be necessary to preserve the beauty of public areas, and to protect life and property.
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(3) Interference Prohibited. No person shall interfere with the City Forester or his/her authorized
representative while engaged in the execution or enforcement of this Ordinance.
26-5 PUBLIC NUISANCE, DECLARATION AND ABATEMENT
(1) The Common Council hereby declares any of the following to be a public nuisance and therefore
subject to abatement pursuant to subsection (2) of this section:
(a) Any tree or shrub or part thereof located upon any public or private property except in any area
zoned conservancy, is infected with an infectious plant disease, is infested with injurious insects or
pests, is injurious to public improvements, is dead or cannot substantially support foliage, or
endangers the life, health or safety of persons or property.
(b) Dutch Elm Disease, defined as follows:
i. Any dead elm tree or part thereof infected with Dutch Elm Disease fungus
Ceratocystis ulmi (Buisman), or which harbors any of the elm bark beetles Scolytus
multistriatus (Eichh) or Hylurgopinus rufipes (Marsh).
ii. Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or other elm
material not buried, burned, or from which the bark has not been removed.
(c) Oak Wilt Disease, defined as follows:
i. Any living or standing tree or part thereof in the red oak group such as red oak, pin oak,
northern pin oak, scarlet oak and black oak colonized to any degree with the oak wilt
fungus, Ceratocystis fagacearum.
ii. Any living or standing tree in the white oak group such as white oak, bur oak and bicolor
oak colonized to any degree by the oak wilt fungus that poses a threat of transmission of the
oak wilt fungus to other trees of the same species through interconnected root systems.
iii. Any parts of colonized oaks that do not have bark removed, including logs, branches,
stumps and firewood.
(d) Ash Borer defined as follows:
i. Any living or standing tree or part thereof in the ash group such as white ash, green ash,
black ash or blue ash colonized to any degree with the Emerald Ash Borer, Ash Bark Beetle,
Flatheaded Appletree Borer, Clearwing Ash Borer or Red-headed Ash Borer.
ii. Public nuisances prohibited. No person shall permit any public nuisance as defined in
subsection (1) of this section to remain in or upon any premises owned or leased by that
person within the city.
(2) Abatement of Public Nuisances.
(a) Public Areas. Whenever the City Forester shall find on examination that a Public Tree as herein
defined exists upon any public area, he/she shall immediately cause such nuisance tree, shrub, or
part thereof to be treated, removed, or otherwise abated in such a manner as to destroy or prevent
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the spread or continuance of the nuisance. The manner in which the nuisance shall be abated
shall be determined by the City Forester.
(b) Private Premises. If the City Forester shall determine with reasonable certainty upon inspection
or examination that any nuisance tree or shrub as herein defined exists upon private premises
within the city, he/she shall notify the owner of such premises in writing that said nuisance tree
or shrub must be treated, trimmed or removed. Said written notice shall specify the nature and
exact location of the nuisance, the manner in which the nuisance shall be abated, and the time
limit in which the nuisance shall be abated which shall not be less than fifteen (15) days after the
issuance of said notice unless the City Forester shall determine that immediate action is necessary
for the public safety.
(c) Any tree, shrub or parts thereof growing upon private property but overhanging or interfering
with the use of any street, park or public space of the City, that is in the opinion of the City
Forester endangers the life, health, safety, or property of the public, is hereby declared a public
nuisance. Abatement of such public nuisance shall be accomplished according to the provisions
of Article IV of Chapter 17.
26-6 PROHIBITED ACTS REGARDING PUBLIC TREES AND SHRUBS
(1) Injury to Public Trees and Shrubs Prohibited. No person shall, without written permission from the
City Forester, do or cause to be done any of the following:
(a) Secure, fasten, or run any rope, wire, sign, electrical installation or other device or material to,
around or through any Public Tree or Shrub except in an emergency such as a storm or accident.
(b) Break, injure, mutilate, deface, kill, or destroy any Public Tree or Shrub.
(c) Top or make topping cuts on any Public Tree.
(d) Permit any toxic chemical, gas, smoke, oil, or other injurious substance to seep, drain, or be
emptied upon or about any public tree or shrub. This section shall not be construed to prevent
any routine winter street maintenance by City Departments.
(e) Excavate any ditch, tunnel, or trench, or lay any drive, sidewalk or other impermeable surface
within the tree protection zone of any Public Tree or Shrub.
(f) Erect, alter, repair, raze, or excavate within the tree protection zone of any Public Tree or Shrub
without placing suitable guards approved by the City Forester around such trees and shrubs
which may be injured by such operations.
(g) Remove any guard, stake, or other device or material intended for the protection or support of
any Public Tree or Shrub.
(h) Place any earth fill, rock, trash, or other material within the Tree Protection Zone of any public
tree or shrub which may compact or prevent the entry of air or water to the root zone.
(2) Clear vision triangle. No tree, shrub, hedge or other growth exceeding thirty (30) inches in height
above the street grade shall be permitted in any Clear Vision Triangle within the city.
(3) Obstruction of Signs, Signals, Travel. All trees and shrubs located within any Public Right-of-Way
or upon any private premises adjacent to the Public Right-of-Way shall be kept trimmed so that the
lowest projecting branches provide a clearance height of not less than sixteen (16) feet above the
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travel portion of a public street and not less than eight (8) feet above the public sidewalk. The City
Forester may waive the provisions of this section for newly planted or naturally low profile trees if
he/she determines that they do not interfere with public travel, obstruct the light of any street light,
obstruct the view of any traffic sign or signal, or endanger public safety.
(4) Any tree or shrub or part thereof found to be in violation of the provisions of subsection (2) and (3) of
this section shall be declared a public nuisance and shall be subject to abatement as set forth in
section 26-5(2) of this ordinance.
26-7 PLANTING, REMOVAL, MAINTENANCE AND PROTECTION OF PUBLIC TREES AND
SHRUBS.
(1) Permit Required. No person shall plant, remove, maintain or protect any Public Tree or Shrub, or cause
such work to be done without obtaining a written permit from the City Forester.
(2) Application and Approval. Any person desiring to plant, remove, maintain or protect any Public Tree
or Shrub shall apply in writing to the City Forester for a permit to do such work. Such application shall
specify the location and description of the proposed work. If the City Forester determines that the
proposed work is necessary and in accord with the purposes of this ordinance, taking into account the
safety, health, and welfare of the public, location of utilities, public sidewalks, driveways and street
lights, general character and aesthetic quality of the area in which the tree or shrub is located or
proposed to be located, and the soil conditions and physiological needs of the tree or shrub, he/she shall
issue a permit to the applicant.
(3) Permit Form, Expiration, Compliance, Inspection. Permits shall be issued by the City Forester on a
standard form for this purpose and shall include a description of the work to be done and shall specify
the genus, species, variety, size, grade, and location of trees or shrubs to be planted, if any. Any work
done under such permit shall be performed in strict compliance with the terms thereof and with the
arboricultural specifications and standards set forth under subsection (5) of this section. The City
Forester may inspect all work performed pursuant to this section. Permits issued under this section shall
specify an expiration date not to exceed six (6) months after the date of issuance.
(4) Permit Exemptions. No permit shall be required to water or fertilize any Public Tree or Shrub or to take
the necessary action to guard the public safety or clear the public way in the event of a storm, accident
or other emergency.
(5) Arboricultural Specifications and Standards. The following specifications and standards are hereby
established for the planting, and removal of all public trees and shrubs within the city.
(a) Planting in Public Property
i. No tree shall be planted which is less than one (1) inch in diameter at six (6) inches above the
ground.
ii. No tree shall be planted closer than two (2) feet from the curb line or the street edge of
the sidewalk.
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iii. No Street Tree shall be planted less than ten (10) feet from any driveway or fire hydrant, or
within the designated clear-vision triangle or less than thirty (30) feet from any street corner,
whichever is greater.
iv. All Street Trees hereafter planted shall be spaced not less than twenty-five (25) feet apart
except that a tree planted for the purpose of future replacement of an existing declining tree
may be planted less than twenty-five feet from the declining tree. The actual spacing,
location and alignment of Street Trees shall be determined by the City Forester based on the
mature size of the species to be planted and the specific site limitations.
v. The following shall not be planted in the right-of-ways of the city: any conifer, any species of
the genus Populus, any Ailanthus, Catalpa, Mountain Ash, Box Elder, Silver Maple, Willow,
White Bark Birch, Black Locust or other species that shall be determined to be unsuitable for
street planting.
(b) Pruning on Public Property.
i. All pruning of Public Trees and Shrubs shall conform to the standards set forth in ANSI
A300-2013 or the most recent version thereof as adopted in section 26.04 of this ordinance.
(c) Removal of Trees and Shrubs from Public Property.
i. Trees shall be completely removed from the growing site and disposed of in the proper
manner. Any person or firm engaged in the removal of any Public Tree or Shrub shall have
the necessary limits of insurance and shall be held liable for any injury or damage to persons
or property.
ii. Stumps and roots which elevate sidewalks and/or boulevards shall be removed from the
growing site by grinding or other means to a depth suitable for the future planting of trees,
shrubs, or turf. The hole created by removal of a stump shall be filled to the level of
surrounding grade with mineral topsoil, tamped to prevent settling and seeded with mixture
of grass species appropriate for the site.
(d) Spraying, injecting, fertilizing, bracing, cabling or other arboricultural operations or treatments
shall be performed in a neat and professional manner according to accepted arboricultural
standards and in compliance with all laws governing the use of pesticides.
26-8 RELOCATION/ SHUT OFF OF ELECTRICAL SERVICE WIRES FOR TREE WORK
Whenever the City Forester determines it necessary to move, protect or cut off the electricity from service
wires so he can safely and properly perform his work, he shall notify the public utility owner of such wires
and such owner shall comply within forty-eight (48) hours after said notification.
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26-9 TREE PROTECTION DURING CONSTRUCTION ON PUBLIC PROPERTY
(1) Definitions
(a) In addition to Public Trees as defined in section 26-02 of this ordinance, the provisions of this
section shall also include any tree located on private property adjacent to a public property,
with any part of the Tree Protection Zone of such tree extending into the public property.
(b) “Construction” shall mean the installation, alteration, repair, replacement or relocation of
any of the following:
(i) Any street, curb, sidewalk, pavement, street light, traffic signal or other surface
structure.
(ii) Any underground utility distribution and service facility including water pipe, sanitary
and storm sewer, gas pipeline, electric power and communication wire, cable, conduit,
duct and associated vaults, manholes, pull boxes; and any irrigation facilities.
(iii) Any overhead wire, cable and associated support structure.
26-10 HOME MOVING PERMITS
No person shall move any building or any large object along any street without having first obtained a
written permit from the City Forester who, if he deems necessary, may require the mover to trim certain
trees and/or furnish a bond or cash deposit in an amount sufficient to cover any damage to, or destruction of,
public trees or shrubs as a result of such moving operations.
26-11 PERMIT TO PUBLIC UTILITIES
When a permit is issued to a public utility pursuant to Section 26-7 hereof to trim public trees, or other
operations affecting public trees or shrubs, the work shall be limited to actual necessities of the service of the
company and such work shall be done in a neat and workmanlike manner according to the specifications
outlined by the City Forester.
26-12 APPEAL FROM ORDER OF THE CITY FORESTER
A person who receives an order from the City Forester and objects to all or part thereof may, within ten (10)
days of receipt of order, notify the City Forester in writing of the nature of the objection and request a
conference with the City Forester and Director of Parks. The Director of Parks shall schedule such a
conference within ten (10) days of receiving the request followed by an issuance of determination. If the
person objecting to the order wishes to further appeal the results of the conference, that person may, within
ten (10) days of the conference, make a written request to the City Clerk to appeal the order by requesting a
hearing before the Board of Public Works. The Board of Public Works shall schedule a hearing within thirty
(30) days of receiving the appeal. Within ten (10) days of the hearing the Board of Public Works shall notify
the appellant of its decision in writing. The Board of Public Works may affirm, cancel, or modify the order,
in its discretion, to best conform such order to the intent of this ordinance.
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26-13 PENALTIES.
(1) Every person convicted of a violation of this section shall suffer forfeiture not to exceed $500.00
together with the costs of prosecution, and in default of payment assessed imprisonment for a period
not to exceed thirty (30) days in the county jail.
(2) In addition to the forfeiture the city may require restitution for the fair market value of the tree(s)
and/ or shrub(s) which were damaged or destroyed as result of violation of this ordinance.
26-14 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or
unconstitutional by reason of any decision of any court of competent jurisdiction, such decision will not
affect the validity of any other section, subsection, sentence, clause, phrase or portion thereof irrespective of
the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof may be
declared invalid or unconstitutional.
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