32.03 TREE ADVISORY BOARD.

(1)    CREATION AND MEMBERSHIP. The Edgerton Tree Advisory Board is hereby established to administer this chapter. The Tree Advisory Board consists of seven (7) members. Of the members, one (1) shall be an alderman and six (6) shall be persons with relevant experience or significant contacts to the City of Edgerton (i.e., resident, business or property owner, a person employed within the City, or one (1) with other significant contacts or knowledge). Each member shall have, to the highest extent practicable, a known interest in urban forestry. The Mayor shall appoint the Board members subject to confirmation by the Common Council. Of the initial members so appointed, two (2) shall serve a term of one (1) year, two (2) shall serve a term of two (2) years, and three (3) shall serve a term of three (3) years. Thereafter, the term for each member shall be three (3) years.

(2)    POWERS AND DUTIES. The powers and duties of the Tree Advisory Board may include:

(a)    Preparing and recommending to the City Council an Urban Forestry Management Plan, which shall include provisions for the planting, maintenance and protection of all public trees, and make recommendations for amendments thereto as the Tree Advisory Board shall determine appropriate from time to time;

(b)    Serving in an advisory capacity to the City Council on all issues relating to public trees and shrubs located within street rights-of-way, parks, cemeteries, and other public places in the City; and to any other matter involving trees and shrubs that affect, or may affect, public areas;

(c)    Preparing and maintaining an inventory of public trees and shrubs located in public areas within the City and on private property along streets where street trees cannot be planted due to site limiting factors;

(d)    Recommending to the City Council rules and regulations for the protection and maintenance of public trees and shrubs located on public property, and to protect the public health, safety and welfare against dangers resulting from public nuisance trees or shrubs, including any regulations deemed necessary to protect against injury or damage caused by the spread of disease, insects or fungus;

(e)    Identifying, improving and promoting desirable tree and shrub species within the City;

(f)    Identifying and maintaining a list of tree and shrub species deemed to be nuisances due to their propensity to harbor pests or transmit diseases which endanger other trees or shrubs or the public health, safety and welfare. Any trees or shrubs so listed by the Board shall be deemed public nuisances within the meaning of this chapter and Chapter 17.02;

(g)    Applying for County, State, Federal and private grant funds for the City’s urban forestry program;

(h)    Recommending such persons or firms who are qualified in urban forestry to assist with the City’s urban forestry program;

(i)    Providing a forum for, and encouraging, public comments on City tree and shrub projects and the urban forestry program;

(j)    Encouraging public participation in urban forestry practices and projects within the City and the surrounding extraterritorial area;

(k)    Conducting an Arbor Day observance each year;

(l)    Informing and educating City residents about the care of natural areas m their neighborhoods;

(m)    Undertaking programs for education of the public with regard to the benefits of urban trees, the proper selection, planting and care of urban trees and other matters relating to urban forestry as it deems appropriate;

(n)    Hearing appeals of public nuisance determinations and abatement orders made by the City Forester;

(o)    Maintaining the “Tree City USA” status of the City;

(p)    Providing plan review and technical assistance to the Planning and Zoning Commission or any other board, committee or commission of the City upon request, and providing technical advice and assistance with respect to matters affecting the urban forest to the public on such terms and conditions as determined by the board.

(3)    LIMITATION ON REGULATIONS. The planting of any tree or shrub required or approved by the Planning Commission as part of a landscaping plan required under Chapter 22 or 23 shall not be prohibited by the regulations adopted by the Tree Advisory Board.

(4)    EMERGENCY AUTHORITY. In addition to the general powers of the Tree Advisory Board, and without limitation by subsection (3), the Tree Advisory Board may issue emergency orders to temporarily prohibit, limit, or regulate the planting, pruning, spraying, fertilizing, cutting, removal or handling of any tree or shrub, any species of either, or any brush, wood or other materials derived therefrom, within the City if deemed necessary to prevent threatened harm to any tree or shrub or to the public health, safety or welfare. Any such order shall not become effective until posted in at least three (3) public places within the City. The regulations shall be published as a Class I notice in the official City newspaper as soon as practicable after their adoption and upon any amendment. If the order applies only to an individual property, the order shall not be enforced until a copy thereof is served upon the owner of such property by personal delivery or certified mail. Emergency regulations adopted pursuant to this subsection shall remain in effect for a period determined by the Tree Advisory Board, but not longer than thirty (30) days, unless the extension thereof is approved by the City Council. (Ord. 19-06)