Overview
The Brickyard Creek Communities have been subdivided by condominium plats under Wisconsin Statutes. This means that each cottage Owner owns his/her cottage structure and the ground underlying the footprint of the cottage. The Condominium Association owns all of the remaining land in the condominium plat, which is designated “Common Property.” Each BYC cottage owner has an undivided interest in the Common Property by virtue of owning a cottage in the condominium. The purpose of the Hazardous Tree Policy is to clarify the responsibilities of the BYC Owner and to define the steps from assessment to removal of hazardous trees in the Common Property.
Definition of a Hazardous Tree
Although the definition of a hazardous tree is subjective by nature, a hazardous tree can be defined as a tree that is (i) dead or diseased and (ii) poses an immediate hazard or threat to a cottage, people, vehicles in their designated parking places, roads and nature trails in the Common Property.
Responsibilities
An Owner of a cottage does not have the right to build structures or change the character of Common Property without the consent of the BYC Architectural Control Committee and the BYC Forest and Watershed Committee. This includes the cutting or pruning of trees and the planting of or removal of other vegetation in the Common Property.
Assessment to Removal
It is the responsibility of the cottage owner to periodically inspect trees adjacent to his/her cottage to make a preliminary decision whether they constitute a hazard to their property or person. Once a decision has been made, the owner should tag the tree with a red ribbon and notify the BYC Manager of the existence of the hazardous tree. Such notification shall be by telephone, email or mail, depending upon the urgency of the situation. The BYC Manager will in turn notify the arborist and the chairperson of the Forest and Watershed Committee of the concern and pending action.
It shall then be the responsibility of the BYC Manager to have the tree assessed by the arborist who will determine if it creates a hazard, and if so, cause the tree to be cut and removed in a prompt manner or suggest alternative action(s) to save the tree. (In those rare occasions where the threat of damage or injury is imminent in the judgment of the Owner, the Owner may cause the tree to be removed by contacting the association’s identified arborist directly for a remedy.)
On-Going Assessment
The Forest and Watershed Committee in collaboration and a trained arborist will complete on a regular basis a Hazardous Tree Assessment to determine the existence and location of dead and diseased trees. These trees shall be left or cut in the discretion of the Forest and Watershed Committee. Bird and small critters will tell you that all dead trees are not necessarily bad trees. If cut, the trees should be left where felled or removed from the Common Property in the discretion of the Forest and Watershed Committee, it being understood that the over-riding philosophy of Brickyard Creek is to leave downed trees on the forest floor whenever possible to maintain a natural habitat for the animals and plant life.
Arborist Disclaimer: Trees can be managed but they cannot be controlled. To live near trees is to accept some degree of risk.
