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Home My WebLink AboutAgenda Packet - 1994-08-17 LAKE OSWEGO PLANNING DEFT. FILES NATURAL RESOURCE COMMISSION AGENDAS AND MINUTES �ct �s-°��. `!�F�'.. Y�' i ,, -'•x§. ., „�,. �' ';�...: °,' -_ ... �, .-.,: ,,.. �.£ �'i.-,fr.�.,s°� '.�; r ;,>va �.��'.��,,��3' .� €:�.fr3-:' �':., -�:.�: °`Na € "� € wen As-NAEND , K C � � r I r vy t n A 4 € 4 E x, r M *` i(O y�11;I�� J((y�11��j� 4 GULAA OT APPROVAL, •;.�sfMM„ �}{y�pgly # AR * ■ „ VIA# ADJOUANMENT At 6-hd ovytC?�lr, C UtCt tcm y 1 ter N 1 bit 9 '1� K oil scch+ OMIN d irtG Next Roo i rg, S 77 pt�mb r 7tm i in need f SIP review inrgh Tern � Ffee, pr par ti of annual art far Caun � ,. „ WOMAN k . S "; _ _.. 3`r �:� �< � � ¢<. .� '- w- '- .* �,, s,,.� - �:, ks^a,3��:'„r�'"� h"��`;"' ''€}cey�sz^ z.'�.��>a�•:,m�`��,�'�";d'.�FSG`� ' Y�:,, � x�� `��x.'.�.. � A �,, :.,X �3x ''� , � .,r. �. s k.:� e :'J ,� �r.. �2 r J s'�� -:> .�' � .x Y; �.x. .�.•; t k Y � t sm"aw" 2.1.M 11 mernn fr anrt+C�t enne Ala .,. 11 draft�f Tse��tnd�n � tla ��l �t carr�r rn�rna frc�n�Sri Marshall.' Y v ; y' „ t} I t j l ute Pen in t r�C 6 t ha r *�,, �r�ffae A sl tIz �Ity Mara ar k l nr thy Af ,rcl Ca Chair Ivlar hal 1 F A�4 laisc�n David Antlers h Jahn t�aa "ln , � nla ilannar Lynn w ►r n Yuranne C1eBart�la, � n Ir ret 'Y "Dodd A. F? t+a an i hi r slr CWnM ,n P .MTXOm M:Sctic�erilri I Narrls Shl Iay Schulte *1111 Henley K. K�nyn i,Q .anc1,`(`rust *C? Schrnitx J-eff t r di# lie Cher Chri man,`Gauticil - lalson Karem Gr�ffln N1 tt Flrirtigri "'Recalr�e FuII 'ackat . R r vx,i F >„ , ".,4' �., .,.,�. .�, .� ,..,....w , ttf.. ,i : ., ,r.- ., r a. «,., ,. ., ,�... _ x x .,,w.. t. Rya, , ,_ � ',&<A. S�r�+re5°� DRA NATURAL RESOURCES ADVISORY BOARD MINUTES FROM MEETING OF JULY 2011994 Attending. Ruth Pennington,Dorothy Atwood,Todd Peterson, and John Lee Staff. 'Andy Harris,Kay Kinyon and Teri Marshall Time: 7:00 p.m. c rant Mr. Harris discussed with'the Board the open space grant budget. Ruth Pennington moved to accept the open space grant budget proposals as presented by Andy Harris. It was seconded by Todd Peterson and passed unanimously. k ' Mr. Harris stated that he had put together a list of public open space in the City. Mr.Harris discussed the organization of the list with the NRAB. A new definition for"open space" was discussed,based on Metro's broader definition. This definition would break out into two subsets: 1'.) Developed areas, and 2.) Natural areas. The members agreed that this was an acceptable definition. Ms. s Marshall pointed out that the draft comprehensive plan would need to be changed to correspond with this definition and that there was time to so before the policies went to the Planning Commission. The NRAB recommended that the changes be made. Ms.'Marshall informed the NRAB that the revisions to the current tree code will not be going to City Council'on August 2, 1994. Ms. Marshall stated that this was being moved to a later City Council meeting, possibly in September. Election of r The Board moved to elect Ruth Pezningtoil as Co-Chair to replace Lynne Paretchan; and Dorothy Atwood to continue as Co-Chair. The motion wasi seconded and passed unanimously. Rgv`g—w c- c a-f Llr �, s. .af. Mr. Kinycan reviewed the draft maintenance. standards with the Beard. The Board made suggestions to Mr. Kinyon for changes to NRAB Meeting Minutes 7/20/94 ' Page 1 of 2 this section. The Board advised Ms. Marshall to do the re-writes and submit to the Board for review,at the September 21st meeting. ApprAv—dRuth Pennington moved,to approve the meeting minutes. John L>ee seconded the motion and it passed unanimously. i Wet I inn d4lca The Board stated that they will be taking the month of August off.and Navin ap"ionic at rhe'end of August ar beginning of September. The Board agreed on g having meetings once a month on the'3rd Wednesda ;meetings to begin September 21 ` 1994 with an open sp ace tour scheduled for Au st 17. I Re5ignAfim Ms. Atwood stated that Matt Haroldson hard not officially resigned, however he would be resigning by the next meeting. Ms Marshall stated that she would draft a letter to Council regarding Mr."Haroldson's resignation. AdiQurnmCni, The meeting was adjourned at approximately 8.35 p.m. v A, PP A ro ed by the e N RAB NRAB Meeting Minutes 7/20/94 Page 2 of 2 Memo To; Natural Resources Advisory Board From, ' Catherine Clary, Associate Planne ; I" Date: August 10, 1994, Subject: Second Cycle of the CIP Staff is starting up the process for the second cycle of the Capital Improvement Plan (CIP) for 1995-2000, We are requesting comments and suggestions from City committees that deal with capital facilities and land acquisition. Please schedule a discussion of CIP projects for one of your upcoming meetings. Tom Coffee would like to, attend If possible. The staff CIP Team will be creating a list of projects between now and mid- October for the Draft CIP, to be released in early November, 1994 Since this is an on-going 5 year plan, 1994/95 projects will be dropped and new 199/2000 projects will be added. Adjustments will also be made to the overall project list where needed. There will be a general public information meeting on September 8, 1994 to launch CIP Il." We will appraise you of the time and location at a. later date, should any of the members wish to attend,' c lion Besptiug,interim GIP Director Barb Anderson,Administrative Assistant Torn Gottee,Assistant tarty Manager Ron Bunch,senior Planner i July 21, 1993 Dorothy Atwood Natural Resources Advisory Board 16355 White Oaks Dr. Lake Oswego, 4R 97035 Dear Dorothy. spoke with Teri Marshall on July 13 about the possibility of ray resigning from the Natural Resources Advisory Board. Due to family and work . commitments, I have reluctantly decided that I must make'my resignation official. I am sorry that I cannot continue to be a member of the NTH. Please extend my regrets to the rest of the board. + Sincerely, Matt Haroldson AFV- CHAPTER.55: TREES [3. "Engineer" means the person Sixth Draft 7-28-94 dpgi tgdtho Cit to (Incorporates NRAB 2d revisions and Jeff, be the City Engineer, or the City dondit's edits of 7-12) Engineer's designee,'except where 55.02.000 the context expressly requires Removals otherwise. 55.04.000 1 [4.) "Hazard Tree" means any Public Trees tree rated as such by the City according to the tree hazard 55.04.010 Purpose evaluation standards established 5.04.020 Definitions by the International Society of 55.04,025 Tree Standards Arboriculture. Manual 55.04.030 Maintenance [5. '"Maintenance Services'. Responsibilities Director ..means 55.04.040 Planting deli t 'd by the O to 55.04.050 Pruning be the Director iofthe Maintenance 55.04.055 Additional Criteria Services Division, or designee, for Removal of Street or Right except where the context expressly of Way Trees requires otherwise.] 55.04.060 Penalties 55,04.070 Mitigation Required [6 `"Parks Maintenance Superintendent" means the person responsible for public trees, or 55.04.010 Purpose. their designee:) The purpose of 55.04 is to encourage responsible 4. [Z.i "Planting" means to install management of trees within city pubic trees permanently in the perks, rights of way, and open, ground according to accepted spaces'. Proper planting, pruning, practices within the City's Tree and maintenance is required to Manual promote tree health and aesthetics, foster species diversity, and , [8.] ",Person includes any preserve community tree canopy, individual, firm, association, corporation, agency or organization 55.04.020 Definitions. of any kind, 1. "City" means the City of Lake " y _.y , 6. [9,] Pruning refers to cutting Oswego. or removing any part of the branching structure of a plant in 2. "City Manager" means the City, either the crown., trunk, and/or root Manager or the Managers areas according to acceptable designee, except where the context ; practices within the City's Tree expressly requires otherwise. Manual. 7. [10.] "Public Area means City inches or larger in diameter within owned lands located in parks, open the tree's crown to such a degree so spaces, or the street right-of-way. as to remove the natural canopy and disfigure the tree. 8. [11.1 "P&i Tree" means those trees located on public property, 2 [15. 1 "Tree Manual" means riaht Of wav and easenignti. the City of Lake Oswego"s Tree Public trees fall into the following Standards Manual for planting, j categories; pruning,maintenance, and' a. Natural 'grea trees [yen protection 81?gcgl t e means those trees I O55,Q , b. located in tbA-natural areas pf [owned by the] city,Q,w !gd 92en M [16.] "Tree Trimmer"' is any 040 containing a majority of person or persons lic.onsed to native tree species. [intended to be engage in the business or preserved in a natural state. Open' occupation. of trnr�rt�iiag, pruning, spaces are preserved for wildlife treating, or removing trees that are habitat and passive use located within public or private recreation.] property. b. Park trees means those trees located in the developed, 1.4..[17.1 "Utility" means public active recreational use areas of city utilities, businesses or �n space. ' organizations in the business of c. Right of Way trees means supplying electrical energy, gas those trees located in the right of heat or steam, water, way, either planted or volunteer, communications, sewage disposal that grow in the right of way and treatment, surface water without street tree spacing and management, or other public location. services. This definition does not d. Street trees means those include transportation services. trees that are mainly ornamental cultivars selected to be planted according to a linear[formal] design plan within designated planting 55.04 025 Tree tans strips. [at regular spacing Manual intervals.] The City Council shall enact, and may from time to time amend, a [12.] "Removal" is defined. Tree.Standards Manual for the under LOC 55.02.020 (3.) City of Lake Oswego by rgspIgtign. The Tree Standards Manuel shall 1.0. [1 '.] "Street" means the entire provide standards for planting, area contained within the public pruning, maintenance, and right-of=way: protection of public trees. The Tree Standards Manual shall govern 11. (14.1 "Topping" is the severe such action as provided in this cutting back'of limbs to stubs three article. 2 55.04.030 Maintenance property owners ghal notify the Responsibilities. City Manager when any tree within the right-of-way is i 1J The City may prune, control damaging city curbs, sewers, insects and disease and maintain gutters, sidewalks, streets,and or cause to be pruned, sprayed, and driveway ramps, When maintained, any or all of the trees nrourWe,,,the City; iMktA in its streets, parks and other " shallIdderminel'diLectth public areas in order to control nrooertv 63. arm infestations'of insects or disease or [apgropriatel corrective measures a 1 to maintain:public safety. which re least st damaging to the tree, including root pruning, 22, The City will maintain all installation of root barrier, and street trees along major'collectors redesign of infrastructure and arterials. elements. Any tree that cannot be preserved through these methods 3,.) Any hazard tree within the shall be removed and replaced at right-of-way will be removed by the property owner's expense. the City. 55.U4,040 Planting. 41 [2.')] All property owners abutting public right-of-way�long 1.) , u ll—ri ,.trees shall be planted l al atrggts and neighbgrrhoo according to the requirements of collectors on which there are trees,; the Tree Manual. shall maintain these trees using proper arboricultu.ral procedures as 2.) An abutting property owner designated in the city's tree shall request written;permission standards manual. Wherever the from the City a minimum of five property owner, or those days prior to planting a public tree responsible for maintenance, in the right-of-way. To obtain neglect or refuse to comply with permission, the property owner these requirements, the City shall: Manager may direct the a:.) Choose F ant a1_-_�pecjQs Maintenance Services Director to to plant from the f listed in thel undertake the needed approved tree lists contained in the maintenance. The City;shall'bill Tree Manual the property owner, occupant, or b.) !Qomplv w'th the other responsible party for standards for planting, contained expenses incurred. in the Tree Manual; c .) Obtain approval from 5,, W (3.1 It is the responsibility of any affected utility prior to owners of property abutting planting a tree.'' sidewalks constructed on the public'streets of the city to keep ,3.) [d.)) If the applicant is a such walks in good repair pursuant neighborhood group that wishes to to LOC 42.05.410.Abutting plant uo blic trees for a project of 6 3 or more trees, a tree plan must be utility a minimum of thirty days in submitted for approval to the city advance of such pruning. An at least t 'rt days prior to annual maintenance calendar of planting. areas to be pruned shall be j provided to the City. [3.)) Any planting of public trees that fails to comply with the requirements of the Tree Manual ig 5.) Emergency pruning without'a declared a nuisar ce.and shall be permit of tree limbs in the right-of- bated u scant t LOC Articl way,is allowed when'limbs pose a _3 4.08.` hazardous condition. to property or persons. And `-w cond!�� j e er enc' leg.ahall notify the 55.04.050 Pruning. City within 48 hct 1.) Pruning that constitutes a 55.04.055 Additional Criteria topping in is prohibited under LOC for Removal of Street or Right , of Way y Trees. 2.) All [street] u,-bl I ic trees within 1.) Any Pi n., ap I "zkqve Lake Oswego ghO be pruned a public tr e shall co Dlv wit according to the Tree Manual. requirement s o Q2. for a Type II _ If the tree is 3.) Property owners must request not dead or hazardous within the written permission from the City a meaning of LOC 55,02.080 the minimum of five days prior to any party requesting the removal of a pruning of trees in the right-of--way tree in the right of way all . ,utt ng their prop ty. If a tree demonstrate that the burden trimmer is hired by the property imposed upon the property owner owner, such tree trimmer shall be by the continuing presence of the licensed and bonded. tree outweighs the public benefit provided by the tree. 4.) A utility shall obtain an annual permit prior to pruning trees in the 2.) For the purposes of subsection public right of way. Such permit ' (1), "burdens upon the property will allow a utility to maintain its owner" include fire danger, danger utility system in the right of way of falling limbs; interference with by pruning according to a plan pre-existing solar features, submitted by the utility and economic facor other burdens Approved by the City. Proper substantiated by the property arboricultural practices shall be owner. View obstruction, ,p_otential complied with. Notice of upcoming future costs to public pruning by a utility shall be infrastructure or private property provided to the applicable which can be avoided by root neighborhood association or pruning and root barriers, or tree homeowners association by the maintenance requirements as 4 provided for in this chapter and the to LOC Art' Each Tree Manual, and normal separate violation shall be deemed maintenance activities such as the, a separate offense: Failure to raking of leaves are not grounds to comply with a condition of establish the existence of a burden. approval to plant or prune shall be Inappropriate species as the sole a separate infraction: each day, the basis for removal is insufficient failure to comply continues. grounds to establish the existence of a burden. 2.) Violation of any part of this chapter is hereby declared a public 3.) For the purposes of subsection nuisance and may be abated by the (1), "public benefit" includes; appropriate proceedings u� a. visual quality of the tree, to-jAQ-Q--A--r—tjq1—q-a 1 . including but not limited to, species characteristics,'size, 3.) Upon request of the City growth, form and vigor. Manager, direction from Council, b. Environmental benefits or bv citizen in ti, iv,,,e, the City such as shade and wildlife habitat Attorney may institute appropriate the tree lends to the area as a action in any court to require the whole. replacement of trees as required by c. Economic value of the LOC 55.04,070. tree, as determined by its real estate value, replacement value, or 4.) The rights,;remedies and current appraised value. penalties provided in this chapter d. The historical value of are cumulative, are not mutually the tr e as&etermined by its exclusive, and are in addition to s ociation with historic figures, any other rights, remedies and mX rties or greneraI growth and penalties available to the City d v lop._m, n of the cites under any other provision'of law. j 4.) if a removal permit is issued for a street or right of way tree, the City may require the applicant to mitigate by>planting new trees or other vegetation. ' 55.04.070 Mitigation Required I 1.) In addition to any penalty 55.04.060 Penalties im Osed under L C 55.04.060 person wh commits the fallowing 1.) Any planting,'pruning, or violations shall talce'the ft7llng maintenance or lack thereof that mitigation actions: does not comply with this chapter ar the Tree Manual is a violation of this chapter and shall be a civil infraction as defined in LOC' 34.04.105 (1). enforceable-pursuant 5 I a.) A tree that is planted in I?grspn rgsDonsible for the fail e i la i of thg standards in the to mitigatewith Trpe Mgnm shall be r d ' t i 1 the Cit Nlana er tonoan, g_�F y , a` setae c may refuse crept any oplAnting th r`e is ` t lej development permit application for it ha re la ed i om l'a ce the abutting property ar stop work and .ht an any development approved for the abutting prnperty under LOC b.) A right of wak or street_trggChapters'4d ar until an ha l t d i o n' acceptable mitigation plan;has approvedr _Iigt shall be replaced been executed or payment received. with an approved species from the list. 4.) If a'rplacennent or mitigation planting does not occur, the City c.) An improperly pruned tree may plant the approved tree(s) and shall be removed where corrective assess the costs to the responsible I pruning cannot remedy the tree's party. health or farm and a new tree shall be planted in replacement . d.) Tlg removal of a public tree M vi f thig chaRter shall be mitigated for under the requirements of LOC 55.02,135. 2.) Any replacement trees that die within three years of planting shall be replaced by the party responsible for the planting. If such replacement is not done, the City may plant the approved tree(s) and assess the costs to the responsible party. 3.) Failure to mitigate as required by this section or failure to comply with any condition of the ariin, l miti atiop agreement shall be a civil infraction as ddefined in LQC 34.04.105 W enfar— le uursuant to LOC Article 34.04. Such failure shall be a separate infraction each day the failure to comply continues. _If[applicable] ro erty abutting, the affepted public property is being_dev__y loped bythg 6 Date: August 9, 1994 To; Natural Resources Advisory Board From: Teri Marshall,.I'JRAB StaftLiaison Re. R vised'Tree Manual Enclosed is the revised version of the tree manual for your review, Please note the following changes and additions. Graphics have been included by "clip and paste" to give you some idea of whit they can look like. As the next step, staff'will di itirc� the graphics and incorporate them into more appropriate places within die.text. •' The order of the sections has changed, with "'Pruning" following "Planting" • Included is a native tree list, following the cultivar lists in Section H. • Pagination will be finalized once the graphics have been incorporated into the text. Please take the time to review this d v an the revised draft of LOC 55. Public 9�l ubl c Trees. I would appreciate'receiving your comments either over the phone by August 19 or in writing at the tour on August 17. Hopefully, a final version will be ready for approval at the September 21 meeting. Thanks! l (Fourth Draft;7-20-94) OR APT CITY OF LAKE OSWEGO TREE STANDARDS MANUAL I Adapted 1994 Introduction The City of Lake Oswego offers this manual of standards for public trees to provide information to the community about the proper care and maintenance of trees. This manual is intended for use by citizens, builders, city staff, and utility companies for the planting, care and maintenance of the City's;public trees. The information contained in this manual was compiled from a variety of sources, including other municipalities and nationally published urban forestry materials. These standards reflect Lake Oswego's commitament io replant and maintain t a healthy and diverse community forest. The manual is divided into the following parts: I.) Standards and Specifications for Public Tree Planting, Maintenance, Pruning, and Protection II.) City of Lake Oswego Approved Streit Tree List i Appendix--LDC 55 'frees In order to track new plantings and help improve maintenance of the city's tree canopy, the City has a permitting process for the removal, pruning, or planting of any tree within the public right of way. The City of Lake Oswego encourages property owners to plant trees and to beautify the right of way adjacent to their property, Permits are issued through the Planning Department. There are three types of permits: Planting permits: A no-fee permit must be applied for at least five .lays prior to planting in the right of"way, Please contact the Planning Department for permission to plant, The planting standards in the "Planting" section of this manual are to be followed when installing plant materials in the right of way, It is the applicant's responsibility to request a utility locate in the project area to avoid damaging underground utilities. The "Call Before You Dig" number is 246-0699. Pruning permits: A no-fee permit must be applied for at least 5 days prior to pruning any tree in the right of way. Please contact the Planning' Department for permission to prune at least five days prior to any pruning, The pruning standards in the "Pruning" section of this manual are required to be followed when pruning trees in the right. of way. Pruning; must be accomplished within 30 days of receipt of the letter of permission to prune. Removal permits: A permit to remove to tree from the right of way is a Type lI permit under LOC`55.02.040. A pern`tit, fee, notice, and compliance with specific criteria under LOC 55,02.080 and 55.04.05 5 is required before such:a permit can be issued ,by the Planaaing Department. Table of Contents I. Public Tree Standards and Specifications 1. Public Trees A. General Guidelines B, Definitions 2. Planting A. Public Tree Planting Guidelines B. Street Tree Spacing and Location C. Planting Methods D. Quality,of Plant Materials E. Quality of Work 3. Pruning A. Pruning Guidelines for Public Trees B, Methods of Pruning C. Quality of Work 4. Maintenance A. Clarification of Responsibility B.,Maintenance Standards; 1. Street Trees' 2. Parr. trees. 3. Natural Area trees. 4. Right of Way trees. 5. Protection and Preservation of Public Trees A. General Guidelines B. During Construction II. City of Lake Oswego Approved Street Tree List 1. Ornamental cultivars 2. Native trees Special thanks to the National Arbor Day Foundation and its Tree City USJ1 Bulletins for the graphics contained in this manual. Appendix: LOC 55: Trees i I. 'PUBLIC TREE STANDARDS AND SPECIFICATIONS P'or I'laar�ting; Pruning, Maint nax cef and Prot+ tion i TREES A. General uide ines 1.A.1. The specifications within this manual are the minimum standards for planting, pruning, maintenance, and protection of all public trees. They apply whether work is performed contractually, by City farces, or by private individuals. Exceptions to these standards must be by written approval of the City. 1.A.2. 'A permit for any removals of trees in the right-of-way must be I acquired as a Type 11 permit under LOC 55.0 .080 and 55.04.055 and are j subject to fees, and notice and criteria requirements. No fee permits to plant or prune in the right-of-way are regulated under L4C 554,040 and .050: 1.A.3. It shall be unlawful for any'person to engage in the commercial business of planting, cutting,trimming, pruning, removing, spraying or otherwise treating trees within the City;without a !City business license. 1.A.4. All traffic and safety rules roust be, observed while working on public trees. B. .Definitions 1B.L Public trees: Those trees located on public property, right of way and easements within the City of Lake Oswego. a. Natural Area trees: Those trees located in the natural areas of city owned open space containing a majority of native tree species. b. Park try: Those trees located in developed, active recreational use areas of city owned open space. c, lei hg._,t o�`W"Arees Those trees located in the right of way, either planted or volunteer, that grow in the right of way without linear street tree spacing, location, and design.' d. Street trees: Those trees that are usually ornamental cultivars selected to be planted according to a'linear design plan within designated planting strips. 1B.2 Planting strip: Depending on right of way improvements, determined as follows: a. The planting area located between a detached sidewalk and curb, The strip must be a minimum of 4' feet for trees to be planted. b. Undefined planting strips are where the sidewalk or walkway is located at the curb, where there is a curb only, or where there are no improvements in the right of way, Trees shall be located in the area up to the property line, How to Plant a 'it ree CA Before You Dig! Before'digging,always contact your local utility offices. In most areas,the utilities offer to locate and stroke underground cables and pipes at no cost to you. The Planting Hole More than any other change in tree planting procedures is the new focus;on the planting hole.It can be summed up by the saying,"Don't plant a$100 tree in a$10 hole!" Proper prepa. ration will encourage root growth rather than adding to the difficulties already challenging the young tree. Here's the way to give your tree a boost toward rapid,growth and recovery from transplant shock. Dug or rototiiled area Sloping 2-5 times diameter sides of root bail �.♦ t' ;r' ylq f=lrrn subso Ito;prevent settling This method recognizes the fact that most roots spread through the top 12"of soil in a wide periphery around the tree. Therefore,slope the sides of'the hole and dig or deeply rototill an area around the hale at least twice the diameter;of the ball or container. An area up to five times the diameter is recom- mended if the soil is particularly compacted,the roots of other trees will not be damaged,and space and aesthetics allow. How Deep Should You Plant? • Under normal conditions,root growth is best encouraged by planting even with the sur- rounding terrain. Filling the Hole Backf`ill with native soil unless it is clay from basement excavation or other undesirable fill material.In that case, mix in soil amendments according to instructions from a local nursery,or bring in as much good topsoil as possible. Tamp gently and add waterto fill large air spaces and to give your tree its first good drink in its new home. As the tree grows,be sure to water the surrounding soil area to encourage root spread. . PLANTING G A. Planting Guidelines-for Public Trees I 2°.A.1. City policy for public trees is to plant "the right tree in the right place". Site location factors include: The size of the planting strip, the presence of overhead wires, the mature height and width of the tree, and the type oflocation to be planted (natural or developed area). The city encourages the planting of many differen t'types of trees. Species diversity is important to prevent large scale losses though disease susceptibility and maturation. 2A.2. In new developments, street trees shall be planted by the developer as part of the improvements. Types and numbers of trees are to be approved by the City during review of the development plan. Street trues shall be located in the public right..-of way and adhere to the design objectives and spacing and location requirements of this document. Species selection shall be from the approved street tree list. Exceptions to this list roust receive prior approval from the Planning Department. The developer shall post a bond covering the cost of labor and materials for the street trees to be planted after construction. Any sales of homes shall include information to the buyer about the street trees that will be planted in the development. 2.A.3. Public projects, such as parks, streets, medians, plazas, and public Buildings, shall provide for street and park tree placating as :a part of the development process. The landscape plan for such projects duo to be approved by the (pity and will adhere to these standards and specifications 2.A.4. Street tree planting design in established residential areas shall be at the discretion of the individual property owner, acting in accordance with the specifications for street trees. Consideration of existing plantings and landscape uses will be made when choosing the appropriate tree(s) to plant. 2.A.5. The majority of established residential areas in Lake Oswego are comprised of'"Right of way" trees as defined in subsection 1.B.I.c., above. Site locations factors must be considered For the design of new plantings of right of way trees. Replanting of right of way trees will be allowed in current right of way tree areas. 2.A.6. Vision clearance triangle. Existing vegetation must comply with the vision clearance standards in LOC'48.530 (2) and (3). Any new twee plantings at controlled or uncontrolled intersections shall be planted a minimum of 30 feet from the corner of the intersection, except where engineering standards indicate otherwise.. 2.A.7. No tree shall be planted in such a manner that its eventual growth cannot be reasonably controlled so as to avert interference with or , obstruction to any improvements installed for public benefit. 2.A.8. No tree planting is permitted where the distance between the curb and sidewalk is leas than 4 feet. Wider spaces are preferred and should be provided whenever possible. In addition, a printing area defy►ied by two curbs,'curb and fence, or sidewalks and a fence* must'beai minim'urn of4 feet wide if trees are to be planted. 2.A.9.' Unless otherwise approved by the City,street trees and right of way trees shall not be planted under the following conditions: • Within 8' of any building or structure Within 10' of fire hydrants and utility poles • Within 20' of street light standards ► Within 2' from an existing curb face' • Within 10' of a public sanitary sewer, storm drainage or water line • Within 4' of a meter vault box • Within 30' from approach of stop or yield sign Within 4' of residential driveways, or 6' for commercial driveways • Within 10' of"an alleyway access 2.A.10. All removed street trees shall be replaced with one or more new trees, unless otherwise'approved. 2.A.11. Public tree plantings°can be from bare root,;containerized, or ball and burlap stock.` The person or entity that planted the tree shall be responsible for replacement should the tree dice within three years of planting. 2.A.12. The minimum size for a public tree is '1.5" caliper, unless otherwise approved by the City. 2.A.13. The use of flowering species of trees is discouraged within public parking lots. B. Street'free Spacing anc�Location+Guidelines 2.13.1. Street trees suitable for planting strip: 6' wide or larger shall be placed on 40' centers. Trees approved for planting strips 4-5' wide shall be placed on 30' centers. Trees approved for up to 4' wide planting strips shall be placed on 25' centers. The City may allow wider spacing if it is necessary for development of the tree or for safe use of the street or sidewalk. When 777, space is limited or,to achieve certain,design effect, closer spacing may be considered. 2.B.2. Tree wells cut in a walkway`area must have a minimum 16 square feet cutout. Any variation to a 4' x 4' treewell must have prior approval from the Planning Department. 2.B.3. Where the planting strip is 5 feet or less, street trees must be centered in the :trip. 2.B.4. Where the planting strip is from the walkway to this property line, street trees should be planted 3-7 feet behind the walk, depending on the species selected. For planting in undefined planting strips, street trees should be located -5 feet in back of the curb. The location of trees should consider future installation of improvements in undefined planting strips. 2.8.5. In all cases for new street tree planting, a root barrier,will be installed for 4' along the curb and 4' along the sidewalk at the time of planting the tree. 2.8.5. No street trees shall be planted that attain a mature height greater than 35 feet under any overhead power line exclusive of street lights, cable TV, or service lines. C. Plantin Methods 2.C.I. No planting holes shall be dug or prepared until their location is approved by the City. No holes shall be dug without;prior request for utility locates of the area'to be planted. Tree wells in the sidewalk roust be a minimum of 4' x 4'. 2 C.2.. The abutting property owner is responsible for contacting the Call Before You Dig" utility locates number, 246-6699, prior to any planting activity in the right-of-way. 2`.C.3. All holes shall be at least 50% wider than the root zone of the tree to be planted and at least the depth of the roots. The tree should be centered in the hole and set at a depth that will allow the base of the trunk to remain free of soil once planted. The top half of all baskets, burlap, containers, ovine, tags, and wire must be removed from the tree before backfilling the hole. 2.C.4. When backfilling the hole, the soil should be tamped firmly around the roots. All holes and'cavities between the roots and the surrounding soil should be filled. ,Once filled, the tree should be watered in thoroughly with a minimum of gallons of water. 2 C.5. All tree planting in areas with curbs andior walks must include an approved root barrier device. 2.C.6. The soil surface surrounding the root system of a newly planted tree should be mulched with,a minimum of 2 inches of'Organic mulch. Use of recycled composted and screened yard debris as mulch is encouraged. i Staking of new trees is required during,the first year of growth. Stakes and ties should be removed from the tree at the end of the first year. 2.C.8. New trees need to be watered, five gallons at a time, ,at least once a week during the first two growing seasons to become properly established. Water should be applied as necessary during periods of exI trgoic drought. D. Qu4lity ref Plant Materials 2 DA. Plant materials shall conform to ,American Association of Nurserymen standards for stock.. Plant material shall be of standard quality, true to name and type. Broken, damaged, diseased or substandard tree stock will not be allowed to be planted in the ROW. Tree planted mast be free from bark damage, decay, sun scald, insect pests, or other objectionable disfigurements. 2.D.2. The City may request an inspection of any trees before they are punted. > � sality of Wnrk/Plantin 2.E.1. Trees should not be planted during the `aa�,tive growth period of the summer months. Ball and burlap or containerized stock can be planted during most of the year,;except for the hottest and driest months. Bare root stock should be planted only from January through the end of April or until bud break, whichever comes first. 2.E.2. Plant material shall be handled in a manner so as to cause the least amount of damage during the planting process. Bare root;plants shall have their roots either covered with a moist tarp or mulch while being held before planting. Ball and burlap trees shall al\v.iys bo handled by the soil ball and should not be dragged, lifted, or pulled by the trunl: or foliage parts ill a manner that loosens the roots in the ball. 2.E.3. Any abrasions of bark or broken limbs or branches'caused in the planting operation should be treated or corrected immediately. '..E.4. Excavated holes that will be left open when work is not in progress shall be adequately covered and the site,barricaded to prevent accidents. 2.E B. Clean up of any soil, branches, or other debris resulting from any planting shall be performed promptly. The work area shall be kept safe at all times until cleanup operation is completed. Under no conditions shall the accumulation of soil, branches or other debris be allowed upon public property in such a manner as to result in a public hazard. F now' t .Lnt r �j t minO ti 1�8" .' ''Inaxpensive for r7arr4w For large trees. Fornspaces springs in the guy Leave as much leaf area as passible to help the provide flexibility. tree build food reserves.Properly prune out dead or broken limbs,or those that rub.Da shaping games vary with space available and personal or corrective�pruning the second year, Preference,but should be used only when absolutely necessary. /eejfiii'��+ t4 'Mtt►�',1+c4}tort E+��It �i1f 4400tr ♦.��1(^tits Mltiljttk •ui��N�,.' tb((iAlUt�` tlt''r;iettSa'attet< ; Mulch is any material,placed on soil to protect it and that does not cause the plant problerns. Common mulches include bark, wood chips, decorative gravel and crushes!lava. Redudng the Height of a IaMe Tree , Rltraeugit the two o[drop-croteh pruning', tree*fiat sac►ba reduced vdthout weakening 11 M f ! the tr oo or n+rs stiss$an eyesore+. A A A ! / ! /♦ 1140 WWI branches ore +� \i / !'♦ / cut back to a ta� branchsat a leader Y ` f/ // / ream On* S.' Poe dwhere thefJoin A �' erside `1 ! ` A 4 Tb thin the trerx alma branches are cut off back to the nude trunk Atborists have dlffarent tertma,(ar pnmWg opecwtiona, against sprouting,tap ewe ow be treated with,- , usually baited on the purpose for pnmbnil and diameter of the naphthalet"MMMtic acid tNAA),but this ahould be applied only Nmba to be ea L.brie So by aucb won-as safety prune.mown by or with the advice of an arborist. lifting ttetstoval of lower Umbel.medium prrure,and many with tare,drop-crc+tcfiinO oar reduce tree sine while at the others.A Ord refere oqe on the technicalities of pruning is sauce time retaining the spedar natural form it con also often Aki and W.'lWrld Arboricu(tum tenMdOe•ffali,lec.Englewood be^ccompliehed without cutting limbs ledger than adz tmdtes in alfra,M ttMW. dh*meter. Man alromadw to sopping,the technique of most importance to Ono called drep-crotchfng.The results can be most smsshr&when done correctly,dropaxotc ing is like a paai haircut—virtually unnoticeable. omperoicfdng W a method that combines thinning out the crown of a tree and reducing its height and spread.But rather An example of own the ends of branches simply being lopped ofr,Umbs prundreg ernett�t focmminf the perimeter of the oes are pouted at their Junction O*nt tr��to with shorter,tsrgoilLat>seter sided brans m in this way,a leader growth �eseth +always remain.In turn the presence of a leader prevents or utility Unea reduces latent buda from sprouting into the bushy growth that results from lopping off branch ends.For even mare assurance Drop Crotching 3. PRUNING A, Pruning Guidelines for Public Trees 3.A.1.. No tree shall be pruned in such a'manner that its health will be impaired. An exception to this may occur in tree removal or emergency relief of an immediate danger to persons for property. Any such emergency procedures must be reported promptly to the City with plans for completion or follow-up work'submitted for approval. 3.A.2. Any cutting of tree roots, other than when in the process of tree removal, must have prior approval from the City to protect the future welfare of the tree. Proper actions shall be taken, utilizing the latest scientific techniques, to treat resulting wounds to prevent entry of decay organisms. 3.A.3. Trees shall be pruned in such a manner as to prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to minimum height of 14 feet. Pedestrian areas shell have a minimum height of 8 feet. 3.A.4. Sprout or sucker growth shall be removed along the trunk to a minimum height of 7 feet about ground level. Exceptions are allowed for young trees which would be irreparably damaged by such trimming action. 3.A.5. Individual or scattered dead or broken limbs shall be promptly and properly removed without the necessity of obtaining a permit prior to the work where such pruning is needed immediately for protection of the public or property. B�._Methods of Pruning 3.13.1, The National Arborist Association Pruning Standards flor Shade Trees shall be used for pruning public trees. Class IV pruning can be performed only by a licensed tree trimmer. Topping is an unacceptable arboricultural practice and, is strictly prohibited under LOC 55,02 045. a. Class I Pij or Fine Pruning. This type of pruning is usually performed only on specimen trees in parks or special plantings with an emphasis on aesthetics in addition to structural integrity. b. Glass II Prue ijg ::;St--grit grsl Frtining. Branches to to minimum oaf` one inch diameter are removed. Recommended for tree health and structural integrity. Consists of removal of dead, dying, obstructing, and weals branches, as well as selective thinning to reduce wind resistance. No flush cuts, no bark tearing, and no wound dressing is allowed. C. Class III Prunira or Hazard I'runih . This type of pruning' s the same as Class 11 except that the minimum diameter of the branches being pruned is two inches. d. amass IV Pxuninr Drop Crutch Pruning. This is also known as crown reduction or cutting back. It is stapling, Involves the removal of no more than 113 of the total branch area of a tree, Such pruning is allowed in very limited situations:: --Where needed by utilities for safety reasons. --Where a tree has significant crown d eback. -When appropriate for safety and aesthetic reasons when trees have been damaged in a storm. C. ossify of WaOIVP xAnin ' 3.C.1. All final pruning cuts shall be made in such a mariner gas to favor the earliest possible covering of the wound lay natural callus growth. No flush cuts shall be made. Tree pruning cuts should be made just outside the branch collar. 3.C.2.' Whenever;pruning cuts are to be made while removing branches too large to hold securely in one hand during the cutting operation, the branches shall be cut off first one to two feet beyond the intended final cut. then the final cut shall then be made in a manner to prevent unnecessary tearing back of the bark and wood. 3.C.3. Use sharp;and clean tools. Disinfect tools when working with a tree that has infectious disease. 3.C.4.; Prompt clean up of branches, lofts, or any other debris is required. The work area shall be kept safe at all times until floe cleanup operation i completed. 3.C.5.' The use of climbing spurs or spire shoes to access public trees to perform pruning is prohibited. The use of line devices that cause wounds is Prohibited. 3.C.6. Under no conditions shall it be considered proper to leave any severed or partially cut branches in the upper portion;of any tree being worked on after the tree workers leave the site. 3.C.7. Whenever large tree sections are being cut in a tree top that may endanger the public or property, such sections shall be secured by rapes and lowered safely in a controlled manner. 3.C,8. Unless the tree work area is totally,barricaded or otherwise kept safe, t least one responsible tree worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. Proper signing and flagging procedures are required if work places traffic at risk from fallen limbs onto the roadway. Prop.o.. FhMing Prim es Dead Branch; t Living Branch de B C C �, A Branch ,.�►' D ; Collar BrancFirst mh the t wayh Collar '"'� ` " Collar Branch at"cut it of X ((aa na OA , Collar at B.Maw the t t � 13ne C- l cut at D. Hardwoods Conifers Thanks largely to the work of Dr.Alex 1. Shigo and other work with rather than against a tree's natural tendency to scientists at the USDA Forest Service's Northeastem Forest wall off injured tissues and pient the spread of decay.in Experiment Station in Durtiani,NH,much;is now these illustrations,final cuts should be trade from points C understood about a trees natural system of defense against to D.Do not cut along line C-X,which is simply an infections from wounds.fused on this knowledge,these imaginary vertical line to help you locate C-D, methods of making prutt fig cuts are recommended to help I Wuning for Form The objectives in pruning(or form is to help shape a tree that is aesthetically pleasing and serves well in the space it is to occupy.After pruning with strength in mind,look for ways �€ to help shape the triost desirable tree. i rr A,� t < _ r Be—pruning Aftertrratwers Thinning and Spacing Protruders and Crown Ratio Most trees beneft from thirming—removing a portlon oC the When a crown is dense,look for limbs Out,turn inward,and Hog*that compete for*pace and light.Eva*spaced laterals."8-a those that Wand beyond the"natural"ouWtws of the crown,Prune at Inches apart In the young tree,is a good rule of thumb to help assures the trunk or down to an appropriate lateral branch.Over pruning can an ideal"ladder"at maturity. damage or even kill your tress.Always maintain at least Y,of the it" as the live crown ,r r ' 9 . is years after Double Leaders Function removing low branch Protect the leader from rompetitipn.in trees with co-dominant Try to imagine what the tree will took like when it is larger If a leaders.remove the one with a csvok or outer defoos,or dun creates' limb is headed toward trouble(the house,walkway,sign,etc.i remove a lopsided appearance, as early as possible in the life of the tree,Closure of the wound will be more complete when the limb is small,and it is less trouble and Caution:Do nett prune too high too quickly.Tb"lip";fraiiel expense,Remember.limbs do not ve mo upward as a'tree grows the crown,remove lower lsrnbs over several years.No more in height than 113 of the live crown should ever be removed in a single cutting. . TVIMNTENANCE A. Clarification of Res sibility, 4.A,1. t Treeg_and_Ri:ghtACWayTrees. Appropriate care and maintenance of trees and landscaping in the ROW is the responsibility of the property owner, except for specific'streets for which the City shall maintain and replace trees.' The following major arterial and collector,streets,'within the city limits, are the responsibility of the City: , Kruse Way (Except for areas where abutting property owners have agreed to maintenance responsibility) Boones'Ferry Country Club • Mate Street 0 Stafford Road (State Street to city limits near Overlook Drive) • "A" Avenue • Bonniebrae and Boca Ratan median strips • Bryant Road (Boones Perry to city limits near Westridge intersection) Carman Drive (Boones ferry to city';limits near Quarry Road) Childs Road (City limits only) • Iron Mt. Blvd. between Country Club and Upper Dr./Lakoview Blvd. • Jean Road Meadows Road • Pilkington (Boones Perry to Jean Road) • South Shore • WestlaketFosberg/Lesser, (City limits only on lesser)' • "B" between State and hth 1st, 2nd, 3rd 4th, and .5th between A and B Avenues J A prior agreement with the City must exist be'f'ore any abutting property owner';plants; prunes or maintains trees along the major arterials and collectors listed above. i The City is responsible'for removing any hazard tree located within the public right-of way throughout the city. 4.A.2. Park Trees. Park trees are the responsibility of the City for planting, and management This includes trees in the developed open space areas parks,golf courses, and all other areas owned by the City that are not designated natural areas. The standards for planting and maintenance as set forth in this manual are applicable to all park trees. 4,A.3. 'Natural Aria Trees. Natural area trees' are the inai;ntonance responsibility of the City. The standards for planting and maintenance as set forth in this manual are applicable to all natural area trees, Volunteer planting and maintenance projects for city owned natural areas are encouraged and require prior approval from the City. B. i e a t ndards 4.B.I. Public trees should be managed in such a manner as to promote their health by providing the necessary cultural practices which may include insect and disease control, fertilization, irrigation, staking, guying, wrripping, cabling, bracing, pruning and other acceptable methods of professional arboriculture, 4.B.2. Any public tree which, because of an epidemic disease or insect infestation, poses a threat to other,trees in the community should be treated so as to control the spread of the problem., Whenever applicable, the use of integrated pest management is recommended. .B.S. 'Street Tre `s. All street trees should be inspected on a five year cycle to determine the physical state and maintenance needs of the trees . After' inspection, appropriate mpintenance should b scheduled, Heavily damaged or disfigured street trees ,should be removed and replaced as soon as practical. Street trees should be pruned to Class 11,'Standard Pruning specifications. The growth of turf grasses up to the base of trees is discouraged'. 4.13.4. Pgrk!jjtpes. All park trees within developed open space areas should be inspected on a five year cycle to determine the physical state and maintenance needs of the trees. After inspection, appropriate maintenance should be scheduled. Replacement will be made when deenied necessary by the park's management plan. 4.13.5, Natural Ar a Trees. Natural area trees should be inspected as necessary to determine physical state and need for maintenance. After inspection, appropriate maintenance should be scheduled. Maintenance practices, including replacement, should'consider the integrity and needs of the tree grove and existing plant community. Maintenance will include practices` thaat enhance wildlife habitat whexaever practical. Removal of woody debris or tree stoups from open space'areas are exempted from the clean up requirements set,f'ortla in this manual where such debris provides habitat value.' Nurse wood for'tree regeneration may be left on site. 4.B.6. Ri ht f Wav Trees. Right of way trees should be inspected as necessary,to determine the trees physical state and need for maintenance. Right of way trees along major collectors and arterials are the responsibility of the iCity. The City is exempt from the pruning standards in this manual and may brush out right of way trees where needed. Right of way trees incorporated into private residential landscaping shall be maintained by the abutting property owner. 4:B.7.' Trees shall be maintained in such a manner as not to endanger, interfere,or otherwise conflict with requirements of safe public use of an area. 4.B.8. Any public tree which because of habit of growth, age, condition, or disease becomes a hazard to public safety or obstructs a clear view of streets, public signs, signals or intersections, thus creating a hazard, shall be maintained to correct the problem. Limb and branch growth shall be maintained at 14 feet above streets and 8 feet above sidewalks. 4.B.9.' Every, owner of any tree or shrub overhanging any street or ROW within the City shall prune the branches so that such branches shall not interfere with the safe use of the street or sidewalk or pathway or obstruct the view of any street intersection:. The City shall have the right to immediately prune any tree or shrub on private property when it interferes with the safe use of the street or sidewalk or when it interferes with the visibility of any traffic control device or sign. 4.B.10. Any tree which, because of an epidemic disease or insect infestation, poses a threat to other'trees'in the community shall be treated so as to control the spread of the problem.' Whenever applicable, the use of integrated pest management is recommended. Av ►* ' D ic Duringconstructiong � As the organised chaaa of building takes place,the surest storage of building materials,gravel and Boll.Ial work with- way to protect trees that are to be saved is to iti work with the utility contractors to stake out the exact locations of trenches, builder to locate and mark with flagging and/or signs an and t3t erect physical barriers,around all"save"trees or,better construction roads"padding places for workers,and areas for yet,around groups of trees,near the construction activity. warrilierie dal eaterad bwood tie rlsiFILIMA am a derail/W4 r ta'proteat t' Aser rg osinstracilar 1 / * i i High vtsabiltty 1 1 1. Barbed wits with * i R;plastic mash ; brightoolonW ttslN : i r lance * * • 1 "Wering Rootes el(�W 4+ffie G 'Ou d Some cutting of roots tweir construction is inevitable,but much V is avoidable.For example the touting of underground utilities A Cardinal Principle: does not have to toWw a straight lime from street to house. What hrpperts below the ground is more important than what Careful mute selection can often avoid important trees,When meets the eye above ground! that Is not possible,tunneling is a good way to reduce damage. To reduce trenching for foundational posts and pillars can be eon Compaction aubatituad for looters and walls, The key to tree 40% Tunneling survival in the yam trench Root Saves foibwieg ontratrvctiort Nil Roots is protection of the rootadurfng construction, ' a 'title is probably the .• .* r. most Insidious *. problem because the droad ites reatrits of compaction Steel plate cutting off air and water passages In the soil show up slowly, Pit and Post Pleas,Pillars and When barriers are /'* ; *` * Construction + i-Seams not possible to keepLl ti� o away vehicles and foot traffic,other Bridging to protect tree toots protective methods that can be used Chstagingr Cradle Include:spreading If a grade change is unavoidable, several Inches of a retaining wall can be used new Gtade wood chips;pumping to protect much of the root network. concrete from the diversity to the landscape, .9 truck thmit It can also lend some pleasant rr*� conveyor pipes Origins!Grade a , instead of driving over root systems: * 9 »' ,K •`` a ®. and bridging root areas with plater: New Grade a u• o; � _ * ' of.steei. 5. PROTECTION ANDPR,:E�.l;�RVA'�`I111`� O PUBLIC TREES A. General'Guidelines 5.A.1. 'Authorization must be given by the City before anyone; • Attaches or installs any metal materials, cables, wires or other things foreign to the natural structure of public trees. • Excavates into the root zone within the drip line of a public tree. • Treats the soil within the root zone,of a`public tree with a soil sterilant. 5.A.2. No person shall abuse, destroy, or mutilate any public tree. This includes breaking stakes or supports to the tree, or causing or encouraging', any burning near or around the trunk. No person shall deface or injure a public tree by attaching any sign or notice, nails, screw, or other such devices to it. .A.3. Vining plants, such as ivy, shall not be allowed to be trained on the trunks of street or right of way trees. B. )urina anstruc ion 5. B.1. Site or landscape plans in conjunction with development should show all existing public trees. Public trees to be saved and those to be removed should be indicated. Every effort should be made to preserve desirable trees. 5.8.2. During the erection, repair, alteration, or removal of any buildings or structure, public trees to be saved should be marked prominently, Where tree trunks are apt to be damaged, they should be protected with fencing. To avoid compaction around root zones of remaining trees, webbing should extend at least to the dripline of the trees. 5.13.3. Any trenching within the root zone of public trees must be done by hand to tunnel under and preserve the main support roots. 5.8.4. Curb cuts should not be closer than 6 feet from the trunk of the tree. Repaving or asphalting should not be done closer than 2 1/2 feet from the tree trunk. 5.13.5. New sidewalks, paving or asphalting must allow breathing space for tree roots. The following should be used as a guideline: 9 square feet of ground must be left open for each tree up to three inches in diameter, and for every two inches of increase in diameter there must be an increase of at least one square foot of open ground. .8.6. Where a grade change is required, a reasonable area must be provided for the root zone. This is achieved by construction of a dry well, where the level of grade is to be raised, or building a retaining wall, where the level of grade is to be lowered. 5.B.7. 'Avoid cutting surface roots wherever possible. Sidewalks and paving levels should be constructed sufficiently to avoid such cutting. 5.B.8. Excavation or trenching involving root`euts should be clone rapidly. Make smooth., flush cuts on tree roots. Back fill before the roots have a chance to dry out, and water the tree immediately. 1 .8.9. If protected trees are in full'leaf during the construction phase, supplemental irrigation shall be applied. S.B.IO'. In the interest of preserving public trees, Public forks will coordinate with Maintenance by notifying there of any applications for new curb, gutter, walkway or driveway installations, or other improvements 'which might require the removal of or cause injury to any public tree, or interfere with the fulfillment of a street tree plan. i ors"age Clsanges Boil Cbemisttry if terrain is altered themPoisoning or otherwise a#terityi the wd can result In weakened sects and d#se sae In ,to in , arrt met "susceptible makt th _ will be a changein how treed: _making killed outright within a few ` ors after water drains trom'the hand. «- some cases,trees can be kill gh ye if flaws Are created that �..s construction.To prevent adverse effects on soil chemistry. add too touch moisture to a wooded site,a drainage Spread heavy plastic tarp a faint brushes and tools system may be needed to ' where concrete is to be should not be cleaned over maintain the previous 4 minted or sheet rack with be tree rousts. r# cat.The alkalinity of these amount of moisture(which i a i ;.'M -7r- Cttennlcai washes#patttt . ' • materials can change the provided the natural = thr#rtner,engine oil,etc.) wi conditions for the exist( trees).Similarly,exist( soil pit. growing � Y• n6 should be disposed of trees along the edge of a new pond may eventually the from er Read,labels.Do not use properly and not drained their toots suffocating.On sites deprived of water,irrigation tNooui products containing on site.Local sanitary may be weeded to maintain existing trees, pentachloraphen oL These authorities can advise on p&fir, are deadly to toots.CC.A- r rru oco »ended disposal Move ' Ground treated timber(gretmish methods. colon is a'safer alternative. •e {All Breaks and Scrapes 44.1 F,ven with barriers around trees,equipment sometimes breaks Nails limbs or gouges tree trunks,Watch for damage and repair it Keep trees free of nails,screw eyes and other fastening devices. lmumptly, Use posts,not trees,for signs,electrical wires,pulleys,etc. 77 11. City of Lake Oswego ap #caved rc et 'r List f I f I I i I I I it i CITY OF LAKE OSWEGO APPROVED PLANTING LIST TREES FOR PLANTING STRIP SIZE UP TO 4' Tree Species Height Spread Structure Foliage Flowers Fall Fruit Color Crimson Sentry Norway 25' 12' Very Red Maroon Maple!Acer platanoides Upright to `Crimson Sentry' Dense Reddish- Bronze Allegheny Serviceberry! 25' 15' Upright Green White Orange Purplish Amelanchier laeuis Oval Clusters Blue Pyramidal Serviceberry!', 30' 12' Very Dark White Brilliant .Maroon- Amelanchier canadensis Upright Green Racemes Reds& Purple Pyramidalis Oranges Heavy Fruits Lavalle Hawthorn!Crataegus 30' 20' Upright Dark White Bronze Orange to X Lavellei to Vase Green Clusters Red Crimson Cloud Hawthorn! 25' 18' Oval Glossy Bright Bright Red Crataegus laeuigata 'Crimson Green Red Cloud' White Centers Columnar Hawthorn/ 30' 10' Tightly Green Double Yellow Red Cratae us mono `na stricta Upright White Flowering Ash! 30' 15' Pyramidal Medium Off Yellow Fraxinus ornus to Round Green White Heavily Scented Columnar Goldenrain/ 30' 6' Narrow Green Yellow Yellow Yellow Koelreuteria paniculata Fastigiate Pods Fastiaiata Goldenchain/ 30' 20' Upright Green` Yellow Yellow Laburnum Vossi to Vase Racemes Blireana Plum/ 20' 20' Round Purple- Bright Reddish- Prunus X Blireiana Green Pink Bronze Newport Plum! 20' 20' Oval to Dark Light Reddish Prunus cerasifera 'Newport' Round Purple Pink Japanese Tree Lilac/ 25' 15' Pyramidal Green White Yellow- Svringa reticulata Panicle Brown Trident Maple 1 25' 20' Oval to Dark Yellow Aces beer geranum Round Green Orange Paperbark Maple/ 30' 20' Round Green' Bright Acer griseum above& Red - Silvery Orange under+ 1 CITY QF LAKE OSWEGO APPROVED PLANTING LIST TREES FAR PANTING STRIP SIZE VP TO 4' Tree Species Height Spread Structure Foliage Flowers Fall Fruit Color Amur Maple/ 20' 20' Upright Caen Yellow . Acer'innala Round Hedge Maple 1 25" 25' Round Dark Yellow Aeer.campSstre,, Green GlcrybowerTree/ 20' 20' Round' Dark "White Blue Clerodendrum trichatomum Green Fragrant Green Clusters Rocky Mountain Glow Maple 25' 15' oval Dark Bright !Acer grarndidentatum I Green Red 'Schmidt' 2 CITY OF LAKE OSWEGO APPROVED PLANTING LIST TREES FOR PLANTING STRIP SIZE 4'TO 5 1/2' Tree Species Height Spread Structure Foliage Flowers Fall Fruit Color Queen Elizabeth Maple/ 35' 30' Upright Dark Yellow Acer campestre `Queen Green Elizabeth' Cleveland H Norway Maple 1 W9 25' ;Upright Medium Bright Acer platan6ides `Cleveland' Green Yellow Parkway Norway Maple I 40' 25' Oval Dark Yellow Acer platanoides `Columnar Green Broad' Paperbark Maple/ 30' 20' Round Green Bright Acer griseum above& Red'- ; Silver Orange under Variegated Norway Maple/ 35' 25' Broadly Light Acer platanoides Oval Green `Drummondi' White Margins Pacific Sunset Maple/ 30' 25' Upright Dark Acer truncatum X A. Green Platanoides `Warrenred' Chinese Dogwood 1 30' 30' Round Green White Red; Red Pink Cornus kousa Chinensis September Goldenrain! 30' 25' Flat Green Yellow Yellow Koelreuteria paniculata Topped 'September' Open Red Bud/Cercis canadensis 20' 25' Spread - Medium Pink Yellow ing Green Magnolia Kobus! 40' 30' Round Dark White Evergreen Magnolia kobus Green American Hophombeam 1 35' 25' Oval Medium Yellow 0strya.vir iniana Green Newport Plum/ 20' 20' Oval to Dark Light Red Prunus cerasifera 'Newport' Round Pu le Pink Capital Pear! 135'' 12' Columnar Medium White Reddish rus calle ana 'Capital' Green Clusters Purple Chanticleer Pear! 40'` 15' Pyramidal Glossy` White Orange Pyrus calleryana 'Glen's Green Clusters Red Form' 3 CITY OF LAKE OSWEGO APPROVED PLANTING LIST TREES FOR PLANTING STRIP SIZE 4'TO 5 1/ ' Tree Species ,Freight Spread Structure Foliage Flowery Fall Fruit Color Rockey Mountain Glow 25' 15' Oval Dark Bright `.Maple/Acer grandidentatum Green Red 'Schmidt' Japanese Stewartia i 401' 20' Pyramidal Dark White bark Red Stewartia pseudo camellia Green Orange Center Rancho Linden/ 45' 20' Pyramidal Dark Yellow. Yellow Tilia cordata 'Rancho' Green Fra rant Chancellor Linden/ 35'! 20' Pyramidal Dark ' Yellow Tilia cordata 'Chancellor" Green Lavelle Hawthorn? 30' 20' Upright Dark White Bronze Red , Cratae us X Lavellei Green Red Flowering Ash/ 30' 15' Pyramidal Medium Off Yellow Fraxinus ornus to Round Green ` White _tyrant Pyramidal Hornbeam/ 35' 20' Broadly Dark Yellow C° inus betulus fasti iata Oval Green Olmsted Columnar Norway 40' 20' Upright Dark Yellow Maple/Acer platanoides` Green columnar 'Olmsted' Armstrong 11 Red Maple 45'i 15' Narrow Light Yellow Acer rubrum 'Armstrong' Fastigiate Green Change - Red Gerling Red Maple 35'' 20' Pyramidal Green Change - Acer rubrum 'Gerlin ' Red Saratoga Ginkgo 30' 30' Compact Greenish Yellow Ginkgo biboa 'Saratoga' Spreader - Gold Columnar Sargent Cherry 30' 10' Fastigiate Green Deep Orange - Prunus say entii columnaris Pink Red Glorybower Tree 20' 20' Round Dark ' White Blue- Clerodendrum trichotomum Green Fragrant Green Clusters Globe Norway Maple/Acer 15' 18' Round Medium Yellow latanoides globosum Green Globe Sugar Maple/Acer 15' 20' Round Medium Yellow & saccharum "lobosum Green Orange Globe Serviceberry/ 20' 20' Round Green White Bright Maroon - Amelanchier canadensis Yellow - Purple oblongifocia Red 4 CITY` OF LAKE O,SWEGO APPROVED PLANTING LIST TREES FOR PLANTING STRIP SIZE 6'TO $' Tree Species Height Spread Structure Foliage FlowerS Fall Fruit Color Urbanite Ash/Fraxinus 50' 40' Broadly Lustrous Bronze nn lvanica 'Urbanite' Pyranlidal Careen Marshall Ash!Fraxinus 50 40' Broadly Dark Yellow nns lvaanica lanceolate Oval Green Skyline Ash'/Fraxinu's 45' 35 Oval .Medium Orange amencana 'Skyline' Green Red' European Hornbeam/ 50' 35' Oval to Dark Gold Carpinus betulus Round Green Yellow flackberry/Geltis'occidentalis ' 45'' 35' Oval Dark Yellow Green Katsura Tree/Cercidiphyllum 40' 35' Oval Bluish- Yellow to a ncum Green Scarlet Sourwood/'Oxydendrum 50' 25' Pyramidal Green White Brilliant Golden E arboreum Scarlet Macho Cork Tree I 40' 30' Broadly Medium Yellow Phellodendron amurense Vase Green f 'Macho' Tricolor Beech/Fagus 40'' 30' Broadly Purple, sylvatica 'Rosed-Marginata' Oval Light Pink Border Yellowwood/Claprastis lutea 40' 35' Round Yellow- White Orange to Green to Fragrant Yellow Bright- Clusters Green Skyline Honeylocust/ 50' 5' Broadly Medium Golden Gleditsia triacanthos 'Skyline' Pyramidal Green' Shademaster Honeylocust/ 45' 35' Vase bark Yellow Gleditsia triacanthos Green 'Shademaster' Scarlet Oak/Quercus 50' 40' Broadly Glossy Scarlet coccinea Oval Green Skynaster Oak/Quercus 50' 25' Pyramidal Dark Yellow robur " ramid' Green Glenleven Linden/Tilia 45 30' Pyramidal Medium Yellow cordata 'Glenleven' Green Halka Zelkova/Zelkova 45` 30' Vase I Medium Yellow serrata 'Halka' Green . 5 CITY OF LAKE OSWEGO APPROVED PLANTING LIST TREES FOR PLANTING STRIP SIZE V TO 8' Tree Species Height Spread Structure Foliage Flowers ` Fall Fruit Color Globe Norway Maple l Acer 15' 18' Round Medium Yellow latanoides globosum, Green Globe Sugar Maple/Acer 15' 20' Round; Medium Yellow& saccharum Slobosum Green Oranges "Saratoga Ginkgo!Ginkgo 30' 30' Round Green Yellow blboa 'Saratoga' Gold Emerald Queen Norway 50' 40' Oval Dark Bright Maple;J Acer platanoides Green Yellow 'EmeraldQueen' Crimson King Norway Maple! 40' 35' Round Deep Reddish Acer platanodes `Crimson Purple Orange King' Superform Maple!Acer 45' 40' Oval Medium Yellow latanoides `Su rform' Green Red Sunset Red Maple!Acer 45' 35' Oval Dark Orange rubrum `Franksred' Green Red f October Glory Maple!Acer 40' 35' Broadly Medium Red to rubrum `October Glo ' Oval Green Purple Embers Red Maple%Acer 50' 40' Open Green Bright rubrum `Embers" Red Magnolia Kobus J Magnolia 40' 30' Round Dark White Evergreen kobus Green 6 CITY OF LAKE OS EGO APPROVED PLANTING LIST TREES FOR PLANTING'STRIP SIZE 8 112'AND LARGER Tree Species Height Spread Structure Foliage Flowers Full Fruit Color Sycamore Maple 1 Acer 60' 50' Wide Green Yellow Pseudo platanus Spread In Schwedler Norway Maple J 50' 45 Round Green Yellow Acer'latanoides 'Schwedler' Red Maple/Acer rubrum 60 50' Oval Medium Orange Green Red Sugar Maple/Acer saccharum 60' 45' Oval Careen Bright Yellow to Orange Red Oak/Quercus borealis 65' 50' Round Green Red rubra Moraine Sweetgum 1 60'; 30' Oval Dark Red s Liquidambar styraciflua Green Purple ! `Moraine' Red Horsechestnut J Aesculus 60' 40' Round Dark Red Yellow X Carnea 'Briothii' Green I Wineleaf Sycamore Maple/ 60' 50' Pyramidal Dark Acer pseudo platanus Green 'S aethi, € Urbanite Ash J Fraxinus 50' 40' Broadly Lustrous Bronze nns lvanica 'Urbanite' Pyramidal Green Yellowwood/Cladrastis'lutra 40' 35' Round Yellow;' White Orange to Green to Fragrant Yellow Bright - Clusters Green Scarlet Oak i Quercus 50' 40' Broadly Glossy Scarlet coccinea Oval Green Halka Zelkova/Zelkova'` 45' 30' Vase Medium Yellow serrata 'Halka' Green Saratoga Ginkgo I Ginkgo 50' 40' - Variable Green Yellow biboa `Sarato ra' 80' 80' Gold Halka Honeylocust/Gleditsia 55' 40' Upright Green Yellow triacanthos 'Christie' Flame Ash/Fraxinus oxycarpa' 35' 30' Round Green Purple to ` Flame' Red Summit Ash/Fraxinus 45' 25 Pyramidal Medium Yellow pennsylvanca lanceolata Green 7 ' CITY OF LAKE OS EGO APPROVED PLANTING LIST TREES FOR PILANTING STRIP SIZE 8 V2 AND LARGER Tree Species Height Spread Structure Foliage Flowers Fall Fruit Color Purple Rivers Beech]Fagus 60' 40' Oval beep Bronze s lvatica `Riversi' Purple Tricolor Beech 1 Fagus' 40' 0' Broadly Purple, Bronze sylvatica `Rased-Marginata' Oval Light Pink Borders Catalpa 1 Catal a s eciosa 75' 50' Round Green White fellow Katsura Tree!Cercidiphyllum 40' 35' Oval Bluish'- 'Yellow to jap2nicum Green Scarlet Sourwood/Oxydendrum 50' 25' Pyramidal Green' White Brilliant Golden arhoareum Scarlet ri�omrnon.p4eri.:m�sl n»c�.appiovcd,da� 8' CITY (JF LAB C WEGO APPROVED NATIVE TREE LIST {All requiring a minimum G wide planting strip}' Douglas-fir;heudotiau `a menzi��i,�,'. Udgepole/Shore pine, . us . n adA Western redcedar, Thuia pli �u.t4 Incense-cedar,L&cedrus derurr Por t-Orford-cedar,a r' a 'a Grand fir, rams- Noble'fir,Les pmggrA Sitka spruce,Loa it Western hemlock, sunaa Ahatmphylla. Degiftgua tr e Bigleaf maple,Acer mgcwphyllum' r xr in' t m* Vine maple, Black hawthorn 'Cra ae us o a, i`* Oregon crab apple, Ma'lus diver�it'olia* g pp_ Oregon white oak, Quercu, garrvana Oregon ash, Fraxinus latifolia aerviceberry,Amelanchiero *These trees do not mature into large trees and may be planted in planting strips'smaller than 6' wide. APPENDIX L OC 55 TREES x 55.02 Removals 55.04 Public Trees Memorandum To: Natural Resources Advisory Board From: Teri Marshall, NRAB Staff Liaison7 Date: August 29, 1994 Ae: Revisions to Current LOC 55 and Council Report i n lased s h final r ft of revisions t E c thedraft the proposed rev_s�ons to he c.��r�_�.nt tree p_ P nutting ordinance; LOC Chapter 55.0 , and the report to Council that details the need For these revisions. Please note the following revisions included by staff in August: A definition for '.'single family dwelling" that includes all single family residences with private yards, not just detached single family dwellings. • An exemption from the notice requirement for trees that are dead'. You are on the mailing list to receive notice when Council sets this matter for hearing: Please call me if you have any questions about the revisions or the report to Council. CC: Tam Coffee ` of u►KIE axe CZTY OF LAKE O WEGO 'COUNCIL REPORT To. Lake Oswego City Council From: Tom Coffee,Assistant City Manager Prepared by. Teri Marshall,;Code Enforcement Specialist Date: August 24, 1994 Subject. Proposed Amendments to the Tree Cutting Ordinance ITWR.ODUCTIt N The current Tree Cutting ordinance, LOC Chapter 55, was revised two years ago. Over that period of time, certain portions of the code have presented problems of interpretation and application. Planning staff'has identified revisions which address these problems without making major substantive changes to the code. BACKGROUND In August, 1993, a code enforcement specialist position was added to the Planning staff. Enforcement for the tree cutting ordinance was assigned as one of the principal duties of this new position. Having a person out in the field to review posting and criteria, hazard tree removal requests, preconstruction'tree surveys, and sites where violations occurred revealed' problems with the current ordinance. Staff has taken a pragmatic approach in reviewing possible changes to improve the ordinance. Problems with the permit system and its enforcement were discussed and the revisions suggested are attempts to resolve a number of administrative and enforcement issues. In June, the Natural Resources Advisory Board reviewed the proposed'changes and voted unanimously to recommend adoption of the proposed ordinance. DISGLT$SION ,Attached is the proposed ordinance. Additions are blocked out,with gray and deletions are shown by strike through. The following is a section by section description of the proposed changes. Although many'strike throughs appear, please note.that numerous sections of the ordinance are merely being 1 relocated to improve the sequence of the'subsections. The new ordinance would'have subsections outlined as follows: CHAPTER 55 TREES 55.02 Removals 55.02.010 Purpose 55.02020 Definitions 55.02 030 Tree Removal Without Permits Prohibited 55.02035 Tree Removal in Conjunction with Major or Minor Development Permit 55.02 042, Classification of Permits 55.02.045 Topping of Trees Prohibited 55,02 050 Application for Permits 55.02.060 Fees 55.02065 Review of Permit Applications 55.02 075 Notice Requirements for Typo II Tree Removal Permits 55.02080 Criteria for Issuance of Type;I1 Permits 55.02 085 Request for Public Hearing on a Type II Permit 55.02.125 Evidence of Violation 55.02`130 Penalties 55.02135 Mitigation Required 55.02.010 Purpose. The protection of trees as a natural resource of the city is a concept that has been added to develop the idea that trees provide many benefits to the city as a whole, in addition to providing Fake Oswego's wooded character. Education is part of the proactive work done with enforcement, it is helpful to have support in the purpose of the ordinance when negotiating a tree cutting permit appeal or a mitigation plan for a violation. 55.02.020 Definitions. "Cutting" is deleted and replaced with "Removal", discussed below. "Developed parcel" is no longer used due to the new classification system under,proposed .042. The required usage of"developed parcel" within the current code leaves staff explaining to developed multifamily and commercial property owners how their property is "undeveloped" under the terms of the code. The new classification of permits eliminates this confusing term without changing the current level of review for different types of property. "Removal". This definition is used instead of"cutting" to raise awareness of the broader issues of damage to trees, including damage during the construction process that leads to the death of trees. 2 ' "Single family dwelling". This definition has been changed in response to citizen complaints that the present cods exempts only single family detached housing and does not acknowledge other types of single family residences as exempt'. This definition updates and clarifies the different forms of single family ownership now passible that have privately owned yards with trees. In addition to detached single family houses, townhomes, zero.-lot line dwellings, and condominiums with limited Common areas are included. This expands the exemption from notice and criteria to these types of properties. Multifamily properties with commonly held areas, such as duplexes, apartments, and condos remain subject to notice and criteria as they are under the present code. Any commonly held areas of townhouses or condominiums will'reamain subject to notice and criteria under LOC 55.02040 (2)(d). i "Tree". Includes a more precise way to measure tree diameter according to standard forestry practices. "Volume'removals" was added to address the issue of clear cutting techniques. This past year had two instances of mass clearing of trees on undeveloped properties that caused much concern from citizens about the effectiveness of the tree ordinance. Under the current code, there can be evidentiary problems in discerning the extent of the violation once the cuttinghas been done.' The volume removals section requires developers to � p come in for permit no matter what size the trees are to preempt arguments that there were no "trees" as defined by the code after the deed is done. The site would be field checked before a permit is issued to verify the size of the trees. Please see also the criteria section and the retroactive permit section that addresses volume removals, LOC 55.02.080 (4 ) and 55.02.130 (3.). E 55.02.030 Tree R znov l W thout,Pez zn is Prt�htl�zted. Subsection (2.) has been relocated to proposed 55.02.035 (1.). 55.02.035 Tree Removal in CoWuzzett With Major or Minor DeveloT)ment Permit. All applicable land use sections of the code are now together in .035. Includes parts of.030 (2.), .071 (2.), and .065 (2.). 55.02042 Classtficatrbn,_of Permits,. Proposed new section eliminates the need for the use of"exempt" and '"developable" terminology and creates Type l (formerly "developed" or "exempt"), Type II (formerly "undeveloped"), and emergency permits. Please 3` mote the following additions of types of property to the permit classification system: - .042 (L) (h.), To allow the single family property owner with a large lot (partionable into three or more lots) to remove up to two dead trees per year without being subject to the higher fee, notice and criteria of the Type II permit. This situation has come up several times with retired"people on fixed incomes. ,042 (2.) (d.). Addition of"'designated common open space" and "landscaped common areas" for clarification. .042 (2.) (0. Requires Type II permit;for volume removals on undeveloped land. .042 (2.) (g.). Specifically states that a Type II permit is required for public trees; 042 (3,) (a.), Emergency permits, Formerly 55.080 (4 ). The only changes made to the original wordin of this section are as fir ow ll s. gg ) Emergency permits would go from no fee to "the payment of a fee may be waived". This is to avoid the situation where'a person tries to call A removal n emergency simply to avoid the fee; i .) Photos of the tree's'condition are required if removal is performed prior to getting an emergency permit. (Staff' normally requests this measure; this codifies the procedure.); and iii.) A certified arborist will be,required to determine an emergency situation that is not apparent to a layperson, as detailed.under ,042 (3.) (c.). 55.02.045 To gef Trees Prohibited. Formerly 55.080'(4.). Prohibits topping outright, with specific exceptions. As a "Tree City USA", it is the City's role to promote the protection and proper care of trees. The current system of permits for topping under the current code has not worked in practice: no one applies for such a permit and topping is usually addressed as a violation of the code. 55.02.050 .,Application-for Permits Essentially the same as before, Codifies a current requirement by staff a plot plan of the;property, 55.02.061. Notice of Tree Cutting Permit, Repealed--Moved to a`new section and renamed. See 55.02.075, test changes noted there. 55.02.065 .Revigwpaof Permit Applications. Subsection'(2.) moved to 55.02.035 (3.).' Subsection (L) rewritten to match the new classification system. Burden of proof under 55.02,071. (3.) added here as new subsection (2.). 4 I 55.02 067 AP al. Now'55.02.085,,Request For Public Hearing on a Type 11 Permit. 55.02.071 pI i`ggbilit ofIMp-QuAting Criteria. Repealed. Proposed revisions include; 'Incerporlating .071 (L) with .042 (L) (e-g) and (2.) (C-O). -.071 (2.) becomes 55.02.035 (2.). -.071 (3.) becomes part of 55.02.065 (2.). `55.02.075 N e ee Rernov 1 Permits. I Formerly .061. Proposes some practical changes such sin stating specifically where to place the notice and what type of tagging should be used. Adds requirement to notify the neighborhood association. Specifically exempts .080 (2.)Hazard trees from the notice requirement. Complaints from arborists about the notice requirement for hazard trees cinder the current code are well founded. if a certified arborist says a tree is a hazard, it is injudicious to wait two weeks for removal. The notice requirement for trees that are completely dead has also been removed because there is no public interest in preserving dead trees on private property. 55.02080 Criteria for Issuance of T Tg`TT Permits. -Criteria now broken into different sections. The prior requirement to hire a certified arborist in every case has been modified to allow staff to impose this requirement on a case-by-case basis. To require it in all situations is impractical and expensive.; "Dangerous" trees are put into a separate subsection to be specifically exempted from the notice';requirement under the new proposed .07 . These trees are renamed "hazard" trees to match current arboriculture terminology and evaluating system for hazard trees. A discretionary'replanting requirement has been included for dead,, dangerous, and hazardous trees. Emergency permits and topping now in different sections of thecode, see 55.02 042 (3.) and 55.02.045. .080 (3.), Criteria unchanged for trees that are not dead, dying, or hazardous.' Will'incorporate by reference additional criteria for public trees under future proposed LOC Chapter .55 04, Public Trees.` .080,.(4.). Volume removals. Defined under 55,02.020 (6). Allows for site check before issuance of permit. No permit would be required if all trees under 5"DBH. 5` 55.02 085 Request for Pu li' Hea" 'n o a TvP6 ILP gXj njt. Formerly 55.02.067. 55.02.125 Evidence of Violation. includes diameter measurement at stump for clarity. 55.02.1 0 Be- ., l I s. I Two subsections are added: -.130'( .) details the penalty for failing to get a permit before removal,, includes a triple permit fee and a fee for each"tree that was removed that otherwise would not have been permitted. The fee per tree essentially applies only to Type II permits, since Type I permittes can remove any tree for any reason. -.10 (6.) Provides a two year hiatus from city bids for any professional who has violated Chapter 55. 55.02,'135 Miti ation Re aired. -J35 (1 (a.). Includes odes a "right tree i n the right place". requirement, specifies the minimum caliper to be planted, and codifies the ity's existing 'Free Fund for payment of mitigation inches that cannot be planted on the owner property. .135 (2.). Includes the ability to require the posting of a bond to cover a mitigation agreement. ALT ERN;ATIW$ 7 r Cit y Council may reco mmend am nd 11 y Y me all, or none of the proposed amendments, and may propose its own amendments, c; Jeff Condit, City Attorney Attachment; Draft Revised Tree Ordinance dated August 23, 1994 6 DRAT 08/23194;BP ORDINANCE No. 2097 A GENERAL ORDINANCE OF THE CITY COUNCIL' OF THE CITY OF LAKE OSWEGO AMENDING LOC CHAPTER 55 (FREES) TO CLARIFY SECTIONS OF THE CODE The City of Lake Oswego ordains as follows:. Section 1: Certain provisions of LOC Chapter 55 shall be amended by deleting the text'' shown by ~tril._ et and adding the new text shown in as follows: 55.02,010. Purpose. The purpose of this chapter is to regulate the ektV=t4liff lea dv l-' of trees in 'order to preserve the wooded character of the City of Lake Oswegod...t pteGees n � a ''tie . . (Ord. No. 14 9, ec.,.... .1 a "-- `- `: card. ..,No. 1 ec . 55,'02.020. Definitions. 1 . "City Manager" means the City Manager or the City Manager's designee, except where the context expressly requires otherwise. , , Bening Gede) ; be or vertibiene4 int�e ,42 "Person" means any individual or legal entity. "Re�nraVk means tea dc�w xee car` ema�re 5fl ' nr more ofe crown, trunks or roafi system :tree, car to damage t. e sty to .ca�xse the Cre + dec ne addpa� cle# ema�ral„° xnC ur e but zs not ism ted `to daMa a inf x.cte, upon °the root` ssen by thepplcat . of : °c substances,; h . c� +eatr� r . equipment and veha cs, storage of. mate a1s, change of . natural' gx 'de due tc unapprciud ecavatbn Gar fa ] brig, .cad by the tapprc gyred a aeration ,t�f natural pnysa cad ccandt�ans ".'Remove'" , does not' nc ude;< :rioma trimm is . :or v"nj. but ,, does ncide c�ppxng of gees'. _Singl lama y :; dvre g" for tYae pur case of this orris name rielu lea the privAt ly ; owned yards of any: cif < the o �c -� ��. dw� ehn , �eow?ng a e � t i or con, ,with .;limited common i elements w1�a ch ale each ""rved`',for tie; use`:of a spee:.fi;c unit. Ordinance No . 2097 Page 1 of 14 DRAFT 08123194;HP 5. "Topping" means the severe cutting back of limbs to 'stubs avget- than 3 inches §k j� ��` in diameter within the tree's crown to such a degree so as to remove the ne a-1 na canopy and disfigure the tree. 6. "Tree" means any liyieq woody plant having a trunk inches or more in diameter, maximum cross section;, at 4 5 feet .above mean g�r�you#�nd level l� at the ..ySbase }.ofp:.$the }yytrunk. �t yypjyy�a�iy�h�,�s,ye 4�rip^��.}t�at +v#ak if, yfa4�TrjY11+ ? 4.� +.rfF'.� M^*+ j i,^.5 �^t'`f'W! 4X41*.sv 4tr " M! A!!c"M45Fa 7ii �r4k tiW d*�✓# It rib{r{Y3W -p 'h h+ p h the � t Ong �� `� � � � � hyct ��inc,�� c��r�►�� , � ream Ord. No. 2059, Sec. 1; 06-16-92 . ) 55.02.030. Tree 'ewating R��ithout Permits Prohibitedi---L&n4 Use Permits. 1 . No person shall CtYt?V a tree without first obtaining a tree ++ 'permit from the City f pursuant to this Chapter. EGG X eenjttnebi6n with etteh pemit and shall be siabj,eet to the ,. 1 hearing and appeal preeedttres in C-haplaer r Miner Development reel"eet—. (Ord. No. 1429, See . 1; 05-18-71. . Ord. No. 2059, Sec. 1, 06-16-92 . ) 55.0 .05. Treetnova�: iz .Canunoiaz� 4r Minor 1 . a 1Ma ar or Manor development Derma t app 1,,e for �uaruat t ,� Chapter wvc�ud xeruuir a �es .t txemc�rra . pew t as defaned a n tha s Chapters comps a ante 2.08p ha J ar .tr .c�n cadpprc�va suchxa� ' zrnravals a xa c�ariuncxon wa th a, Ma3cir or I�Sinor Seve3 opmerit ?em t. shad 1 .be cazzs�dea�ed a n cir� u .cta obi; wa tk such pexm t : ndb ;.sub .e .tca t ie apply cataon, notice, healt'!Aq ond.:appeal frrb'eedures appla:cal5le to he rop sec `ma ra or Mama ev lcapment ,purl"ant 'to LOC Chapter 49 Ths .application; .notice; hearing and .°appcaprpcedures an chapter 5` shag not apply �<a '�r�e �emc�v 1� cans �d�red �t corljunctlon with a . Major pr Minor. 1 evel,opmexxt request . ".Free rema �a s . tat ire .i of proposed :as ' part of "a M or , ,or, Ma nor eve ,opiment; Permit .sha1 be rev eiaed .as pa ova did a n= tha s 'Ohapter 2,f `he .Cra.te,ria con aired �4n� LOC 55��0��.0��0 sk�al-1� r�c�� 01=subsequent Xpplicatons :fcrr tree" removal permits or trees on prcpea ty subs ecC to. a final land..use actionpprcived pursuari tc M Ordinance No. 2097 Page 2 of 14 DRAFT 08/23/94;BP LZ Lt }yhap /�e♦ �:y 48H4x 43� 'fya �y r��vll ya�e(_� z�if;� ypy� /o{jj � �A�}wµeywd 4MMYT jJyjpyxM[/Y tY " h741j�}.,r� ; j}Tn �we.. M" yMM♦�}s�A #h47�Y' j{MtiW#1A +y}r +�F+p#�/WS�iFi�f fiW #fig +y�y +}Y{iiy�/+��Ibkyylfyy` {y�'{{ ��♦/ yM�y14��.�* y+fyyi T .ik(.� �+/1,+.��Qi`e l�k r� s}1i41wC }w .... tiY 5I]t 11^ X}lrfr�a5ir3 M ;4�ViA RRT iYl4��: 7�TMF + .✓ �MM /174"f 3M4h+ lr7 yi'l i5y #' • . xoep x n uses + an ; emegexac as pv ded ' . the t70 'pro cased ta�rec ,k�a' beef cz. be pes�rved dr poc`tec as pond � cxz c a�pava c� a axed saa pus�x� tc $ , dsta OVA c ° �k��t j��c� �� .�► � �� b�k; e��ewed ��s�,�. +��r�..nb sr ow eon whp dOsas gray xe shpp - . car raxze the �c� �,r�win� �.y�ss o �re�mzt��a: .cer readania z®nam s , fi ' esdena d paitionar `e `into n orehn ivacaps.: dscnad .� + iooada. kn' � istxoty 2atura .,.. #., `. �©es nod con��,in tr+�es wh�.dh have been e: r�ss�.y cad .s�evei©pm�nt. pursuant .tcr_the...Lake...©�t�zegc� �onx.ng sir -1�eve�.c�pmen�: g. n©G laced wihn an area iar garce ghat hss, beepod on the is saxondmark es' , .. ?. z .can Ls ;: artat,... p LC�C Chapter ; or nt al one" ` b 04, family residence# garta� a rnab e io three car mornots with a r u twa dead. ees reques ed der xerncava an -app�`� t app]a.es ;Go remc»re more ttian twQ dead Crees '.w thri: any twelve .m®nti per puxsurit ;fieh2as . Gon, thetdtn ree �. _.. x FEM : aa�eeed pan a ]ovate n the commercial' ar ndutria xcirie, r ?a s dcated a ze den a al <zone z id par I, Xoni ba xrito three cir more Fiats, or xs `:lava ed: n a>;xe8:I'd ial zone,:a`nd,i nat-` occupy ed by a. sang, eo��mi�� dwe1� . c. boated ;withixi "Dist=inc ive . Natural �ren � pu?curi tCi: the �,,ake Qswga Campre� ��ire. P�any o� d. 'Where the free- or gees proposed ,ror removal have kacn expessy patected car required tc�; be preserved as a conrIJ iot caE approval `off c evglopmen pursuant ©' tnei Lake Oswego `; onizxg car Development Codes, or are Wit, in a desa gna�ed common open space aroa or . l,andscaped common, area: or e: Is located on .the Hi'stotic Landmark List pursuant tc LO .CChapter ;58, or Ordinance No. 2007 Page 3 of 14 DAFT 08/23/94,BP . s undevelope or r vol ume r as �dndndop 2«Ofi� gs awned' ;the C�ty of sake ..Oswego; ncl udirig parks .` caper space ar�d ra gh�s�o��way ; h Does=;not ®th ;rwse meek spexficationscr a Type pomx.t a tk e oe d% on a: tre. p sen an imme ate dazrer of doll spse and such 'potex�ta a col€apse rprernts and + tt� araor�s ► prt�gerty, teen r��ra perms t �y b`e isuec Whtaxt orma apoaon ;for a " pe anci tied be cared tkae pupoae of th subseoton "aunediae dang�ar o collapse" ..meaxxs that the2ecr ea3txric , F .th r # # roUidTlg: :' e "�r7nr and there is a 'slgrioxxt likelihood ha the tree Wl :l to p e ;or tithe w sc ` end oauz a amala beEox e ee remo�raa pecti t coin d be obtaa ned through < the nanernrgrency prraces "lmtedate carper o of 1ps " dges nay nl ude ; haxrca oondi t ins ghat can be aI.lev�i, f d by rrun ng o t + atment. ? . ergeroy trek reoralerms mube approed the }Cty M�xnager{ o in the Ca ty l+ nager's absenoe; by ;the actag or► nagez aD eerey sa�uaa an arises; at time .vrlen C3y xaagerr or aci ng' Cry manager is unarm laal e, arc such eter; roy eeaes a sigxz . bant laklihterclk�at the treesv tc� pl e or ctlxrti se fai before such o£fi c al s .become; avail able f tee awnez shl i photc� rh the trey* : htw emegeri coxzdi bons and then may proceed w�th removal of the zee rz h neoessr avc? ediaexard«: W thin =seven days after suoh remcival# the:`tree owner shall ,app`ly for a retractive eery ;free remca�ral 'perms the eye der�te and nformaia an presented,:by the tree:.owner 'd©es' nci :'. usCx fy' the 'emergency tr rencavaL standazds`- :set tt�rth in .LC3C Chap °er .J 'r the =sp1 ;Cat ;CJzt be denied and" the` tree ownerkzai be,. subject` to: pr�a gursu nt o LO, C 5.02 .i3O and the mica gatlon requi ements..,c ' fi�yr.. unless �.i�r y�yy� }yy� W<� Ab �.w .ram' emergen r ' eyperaon.: the . ty shall` require:.the applicant to .hire a ser a fxed arkior st d review tk e tip zl icat nn ' Fq the :pr ores ' o tkiis. sectzir , aan "emergenoy cnxiditior� 'apparent .to aslyperson"' means :a that" : S c'rc'�CkeC r ';Spli ,. lean ng.`t r ;p yS�.ct�'1'7y-. Clati6geid tt� t1� degree that it is 'clearl.y 'likely to `fall ` end injure persons or property. 55 02IA4a. Tojpping' of Trees Prohibited. 1 . Topping is prohibited in the City of Lake Oswego. 'gees severely damaged by storms or` other causes, : or certain trees 'under utilty; wines or other obstructions where other pruning; practices are impractical may be exempted tram penalties: for a iolation of Type permit requirements' at the determination of! the City Manager'. 2 . If ' . a. utility, , ,, public agency, ' or ` other , person who routinely trips trees in furtherance of public safety, such utility, Ordinance No. 2097 Page 4 of 14 DktAFT 08123l94;HP public agency o other pexson xnay apgy far and o3taai baxcet" or ` f4rE��te�'f`Mt report estabi�shi�g .a,..x�+eChod43.t�g�r .,for.,..�Qppx�r� ..Uzi 55.02.050. Application for Permits. An application for a tree -o-trtlaia v l; permit shall be made upon+„forms prescribed by the City. The application °' .. . p t. ,shall contain 1 The number, pi e", species and location of the trees to be cut ian' 1 in osr�pxt ; 2y.' The taime anii ethci ot..,guttng or removal; 3 . As statement of the reason for cutting or :removal, 4. Information concerning; any proposed landsca,p* car planting or any new trees to replace the trees to he etitz ec ; and 5 . Any other 'information reasonably required by the City. (Ord. No. 1429, Sec. 1, 05-18-71 . Ord. No. 1631, Sec. 2 , 07-20-76. Ord. No. 2059, Sec. 1; 06--16-92 . ) 55.02.061. tepeall . of Tree chatting Permit%. . ! f elearly visible The net permits are pending fer tre�e5 en the preperty metrited by ribben{ shall inelede the date ef { and eha+l Hte�t the tree at 4 .5 feet above mea.. leye4 ett the base ef the trenle. 55.02.065. Review of Permit Applications. 1 Manaler . i?ermits shad be <issued ,without further review upon appl catty wn and derrronst atiaz by the':applicaxxt that the applicant's '_request gUa"lL'tles as a Type "I 'permit ,pursuant .t© C 55:;`02 ,042 (A. b. `Type xI permit's sha11 be reviewed arrd approved by the '. CitMy Manager pursuant" to IQC 5 ;(?2 .075 and 5:.02":'080 . c ' Emer en erm t s sh 1 q cam' p a 1.berear,�.e�red�:and_:�pprovsd=x�y tho it r Manager iursuai t� to LOC 5"5.6Z.042 t '� . Ordinance No. 2097 Page 5 of 14 t � . Mr- IM ♦ . w M i• » WWI OFM HIM low w e •SEMI w wNOR • ♦ • • • •• OPIUM- a w _ - - - 001 r w - w i` • w NOW oft i r i DRAFT 08123194;BP final , . 55.02.071. le ►e �+� ,. 3: - C-hapter-58- . . . on of s 0hapber. .; . 02 E375, Not . e Rst ua.xe tte G oz a xe Rexnova er=ts.' npplx cant yp rival perms eela Cr l/car } 8ha pa` nt tx e of applxea icn der a thee. remorral perms on the paroperty in ';par -Y vx publ � s r8et axad t4 pedstr�ans walk n b �Czn�. y the pag ,rty Th" sh freer �r I erxtt is x'e , nda g trees sn the p �perty tttaxke€ by a y l aw p' 'Aa dd tagging tape;. sh e ude d€ t�5a.rig end_ sh l stiat�: ; ha fizzyaersbzi mad request that a ear ng be held on,'-- appl cat on hY £x l zng ;a writ R `tLE'Scr :Ateari.ng t�xhn ` caur `een` c�t�y e de of ppsting� 'h8 applic xnt all 'mark`each tree prapcisec to :be `remove hY! y c� car tt eh ig e l©wt p st g< tagg�:ng teLpe :try the trey at 4 i above r ea `graund level.at:.`the base of the:gunk: 7n the d e ghat` apex y s; posted; Ghe. a i� an h z c 4 otter <<the rie i hbc rhaacl ssociaticin . for the area ify the the; etnova] xequ st ppl cant` steal 'i L e n of xdaV�t .staffing :that :the "propa Gy has }aeen.p6st,ed : C os have b to., :se C aar . he-' tree r mcival permz or pexmits` sha11' not be issued for iourt'een days Eti m .thc d e a f 3 ing o the af!ridavit 11c w 'liar the Ordinance No. 2097 Page 7 of 14 DRAFT 08/23/94;BP fi3.a.ng`fQf �` �equ�st for hearang. The ap�rl.ican sha�.�. max �a�.n rh 55.02.080. Criteria far Issuance of ` ..... emits. The applicant must comply wa the tie fc .l awi rc cri ter tree rmovl cn . '� t �y ar may zure c+srfar} sy refsc t. crbstn tZ, c 4fe ► ,#..; ['h „rfu c:,tfi cca ` e of F 1 . Dad Dvina eta DaneeLaette -Tre2s . Except as provided ,by subsection �( } of this section, a tree + +. iai permit shall be issued'`if the applicant demons pp traces>.. that :a tree is dead dying . j (a) For the purposes of this section: i) . "Dead" means the tree is lifeless . ii) . "Dying" means the tree is diseased, infested by insects or rotting and cannot be saved by reasonable treatment or pruning, or must be removed to e prevents spread of the infestation p _ station. or disease to other trees eheielS te review the ? t.. In order to provide for wildlife habitat and natural processes, the City Manager may require the retention of dead or dying trees located in wetlands, distinctive natural areas, stream corridors, parks or open space areas required to be preserved as a condition of development approval., unless the tree presents a potential hazard to persons or property. { Tkre City rectxze cheat t o ratter the remQvai by requarxnq the planting of new trees . or Other �reget t Orfn', be mx t g t 00 , ntx g m b required on the pr©pertX or elsewherer the City The Cxy may impoee such mi ` gacar� ; ecuiremerztS : s a Co Lion? of $plQra cafh pt . (s'?. ' ti app a cart must .dez OnStt4 e that��the cohdi on _ location of the tree; presents a.'clear publ c ::safety ha'zard'.Or 'a fozeseeable clanger of property darimjge Ica an: e sty rig,` trueture and such hazard nr danger` canto reasonably;be alxev aced by treatment ox . px�uri�ng . {b'), The City may require the :applxcant .to mitigate for rericva7 , by requiting the ;pl'anta xYg ;.of riw tees ' o other vegetation. The mitigation plainting may be requrd cin the pxcaperty are sewhere , in the City: The City may: . mpose such gation requirements as a c0zidition o'f' approval. of the `perznit '. Ordinance No., 2097 Page 8 of 14 DRAFT 08/23/94;BP Trees than are Not Dead, Dvincr or Hazardous; The City shall issue a tree %tti .- r mta�tr permit for a tree that is not dead, dying or dangerous if th`e applicant demonstrates: ( ) The tree is proposed for removal for landscaping purposes or; in order to construct development approved or allowed pursuant to the Lake Oswego Code or other applicable developmar regulations, (b) Removal of the tree will not have ' a significant;, negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and ( ) Removal of the tree will not have a significant ' ' negative impact on the character,; aesthetics, property; values or property uses of the neighborhood... In making this 'determination', the City may consider any proposal by the applicant to mitigate for the loss of the tree by planting new trees or other vegetation. The City may impose such mitigation requirements as a condition of approval of the permthtt�att~i plaing `be. cuid t~heL^t7� y `elseWhexe* T1 tb . Vraut �vr l } rev wcd o bhp± + + t� be the ppey, fit* :ell twre+ axeetxs �n a ashes tiamebe bia, h�iht~ LB�) , x)c psi wills H . ( tree will topple er otherwi-se -feti! etftd -�41"trt, befere et tree Ordinance No . 2097 Page 9 of 14` w DRAFT 08/23/84;HP , eplit, , , 5kt7�Q 4 t+t�ttxe8t fc» : 1�c.,.He�rxn taxi !e+ t: prsn mad recxest hera.ng can `. removal' perm .t ling' a wx tt n Request Ec r kiearingg, . on 'wa b the ocxla wih nourten. dars o ...the xl ng o �h :�aay, yydjary . cry; po tr "� ,p 4a W, ant tV � . !(f# 75+ I' S v+4++.k�i+ 4✓, M �i+ rY+AIr Ar.Se4 #i hci`.'.. fourteen day appeal per�ocl sha11 preclude such request`. �n �p�1:a.cari� far.. � tr�� e'motr�l �a��xrtxt may ;app�� d�n�a of a hermit ar ccndit:ions �mped on approual by. aalinr... a written rtat:aceexat` to appeal , at�ng with; Ica fee tab hed . r .,. ; + olutxQn cif the y . ounc .. w ha h ` qua ep:,l ay + he sate , + reaa;sion. cih the; pernit, Regues s • br =he ring arid' appeals.; : hal bps heard by the De�rolapm nt: ° Levi w , Carnma:ss cin` (Z RG} , which sh 1.1 rlc�ld 'a publa.c healing, on . Che -request 'qr °appealt The �i; Y:;Is & send' written c tY ae the„h+ wring to "t:he �pplac�z?t.; �he;p�rsan <xec�uc� ta:r�g :the hearing x dxf ferent -`from the appla cant, `and € reeogrz� red Se ghbanc� ad Asscaol aa.an. o the area a wha,ch thew : property s ]ocatd, at leant den daysn advance o.f. the hearang. 4 ; The DRC shT1. heap tetimvni foam trhe apt scant, folocaeel by those iri favor 4f the application, : ,those . opFosec to the applyc t 6h" (bega.rini1ng with the persc�ri who gIuest :d the hew rzg different; from rho applTcantl, '-and concluding with rebuttal :bY the app icrt t Aziy person may, f esta:fy before' t;he DRY'. �`ol 1.nwing the close of the public testimony, .Ehe DR shall determine, based upon the. edenc + and "estimonyinthe record ` whether �ot not t1 ' appl.icat:ion compliies with the crit oria contained` in LOC 55 . 02 J0 0 .`. 'he minutes of the hearing shall' contain t;he DRC! reasons for appr©yring, denying o,r modifying the application A decision of the DRC shall not become :L-1 fc�r te- n days from the' date of the hearing. i4 y person who appeared before the DRY 'either orally or in writing may !appeal the decisa on to the City' Ordinance No. 2097 Page 10 of 14 DR "T 0,8/23/940-BP Courxcil a l ing wrxtb� Hato c� of ON, D-p", r axz ,ape�ltaaa,shed rsta.oh+ t�tC » :r � t a ty Recorder with n y�y�t �aae y j � µ {'her ng wh .Ch iwGsC .fx7k ieik #+Kesiarr �wJxr Trk�.. Mtn« .r4. MX with aaty wry tte staff aeparte:5t rs shtal fcirwarced thebu Aoce . hea. sha ey% at least th`dar8 yMydvey��}y/� /� u ;�yg 4ch p 5�wf"F4kV� "7 �oY: � re• l YTW BMX.. 't li"t? + '.r3*717, Mh ri✓ Cj- gq- I hi 4A w :th~ YhrFg. z{ "�, yypdar frex.t ka� e1= 'yytyay ► yW r „ y. t #Yli ��4l M1K W4� +�1'.fiiklrw' fdR��if� 'L�Fhh�'f ,e��.n {i�� k I4�7n's , ��iig Fhk# 5'M!M++ zrA 55 02.125. Evidence of violation. 1, If a tree is removed without a tree r �vaZ permit, , a violation shall be determined by measuring the stump A stump that is 22 inches or more in circumference or 7 anhes tir more . t. .d n ea shall be considered prima facie "'eva.dence ' of a violation of this chapter. 2 Removal of the stump of a tree cut without a tree ��. redo, ,l, permit prior to the determination provided in subsection i of this section is a violation of this, chapter. 3 . Proof of violation of this chapter shall be deemed prim facie evidence that such violation is that of the .owner of the property upon which the violation was committed. Prosecution of or failure to prosecute the 'owner shall not be deemed to relieve any , other responsible person. (Ord. No, 2059, Sec . `s.; 05-15-92 . )' 55.02.130. Penalties'. 1. The ettialaing--r rt ? a! of a tree in violation of this chapter, or the breach of any condition of a permit; granted under this chapter, or the violation of any, other provision of this chapter shall be, a civil infraction as c3efI d key„� 3�:A4.10':5(1') norca e puru�zzt <tQ . rta. J;e 34 he unlawful`, - ' -removal of each individual tree shall be a separate offense hereunder. Failure to comply with a condition of approval shall be a± separate infraction each day the failure to comply continues: 2 . ^ttlabi ttoval"`tad a tree in violation of this chapter is hereby declared to' be a public nuisance, and may be 'abated by appropriate proceedings pursuant; ;to,: IC}C Ar-ta.cle"14-.os. '. perstrn who` a emovos a`tree subject tca the Type 1 or Tarp ll permit ° requirem nt -may, obtain a `retroactive permit by derric�rzstxating pmp Vince<'with "the,".app1ip able. gxiteria:`. Permits applied` for retroactively, shall lie subject;.`to .A trap e:.permit fee'. n :'additioxi`, the ,apply cent `shah'` pay a .:penalty ;.poi: tree . an amount establa.shed `by resolution; of the=pity council and shah be aub ect``to the mitigation requirements of LOC 55,02 .'135 ordinance No. 2097 Page 11` of 14 DRAFT 08/23l94;BP 3-4 . Upon request of the City Manager, or direction from Council, the City Attorney may institute appropriate action in any court to enjoin then rmoVa of trees in violation of this chapter or to require the replacement of trees i� a required„by 'LOC 55.02 .135. 4- ,, A person holding a City Business License who is convi.oted of violating any provision of this Chapter is subject to a proceeding to consider revocation' of the license pursuant to LOt 20 .02 . 085. `' . r" Wr^ grit, ' .r - *``#'i�'�. . ii' 3r* Yu, r `'(`►.yrtrtjy��^KS� st any �h'�(��'+},��C�' `. .y{�C..3(' 4',�t' .. '��. 'l4f"� � M � ".„F#i' ' TR�+4 � 1' K'� 'k�Nt � l✓:�.� �'.�H^*!� 3 1t� �'1.}' � � 2fh d ^FF�ft` herha3 ber c�nzdr } Ponce ay, agoxac twoc�m cat �ralaton repr��t The rights, remedies and penalties provided': in this chapter^ are cumulative, are not mutually exclusive, and are in addition to any other rights,, remedies and penalties available to the City under any other provision of law, (Ord.' No. 1429, Sec. 1 ' 05-18-71 . Ord. No. 1880, Sec'. l; 02-07«-84 . Ord. No. 2059`, Sec. 1,± 06-1.6-92 . ) 411 55.02.135. Mitigation Required. . ' If a tree is ettt-- eoe in violation of this chapter, the owner of the property shall be' responsible for mitigating for the loss of the tree'. As soon as a violation is determined, the City shall notify the property owner in 'writing regarding the mitigation requirements of this section. Within thirty (30) days o the date of mailing of this notice, the property; owner shall enter into a mitigation plan approved by the city. The mitigation plan shall provide for: (a) Replacement of the tree ettt ed in violation of this chapter with a substantially similar tree,' taking into udingccnszderatzon site characterzstzcs, cl h ' 11ty ftoitahiio size of ;the tree at maturzCy zx relation to the tree' placement on the ; s-te. if a replacement tree of the species of the tree xved is not reasonably available in the local commercial market, the City Manager may allow replacement with a different species of equivalent natural resource value. If 'a replacement tree of the size of the tree ettb=- is not reasonably; available on the local market or would not be viable, the City Manager shall require replacement with more than one tree. The number of replacement trees required shall be determined by dividing the estimated` caliper of the tree eut-=removea by the caliper of the largest reasonably available or viable replacement` trees . No one tree shah be less than 1,5 n hes in .c li ier. If this number of t`,reos cannot be viably located on the subject property, the City Manaq(,-ar shall require one or more of the replacement trees to be planted on other property within' the City or k'he remain rzq balance of caliperi ncbes must ke pad ti into "the city's 'Tree; .Fund .at* Bost p =oai Viper'. inoh established by resolutian' of .City 'Council , Ordinance No. 2097 Wage 12 of 14 77 77, f DRAFT 08/23`/94;HP tb) A replacement ; plan providing for the planting and' maintenance of the replacement tree or trees. The replacement plan shall ,provide that if any replacement tree dies within three years of planting, the property owner shall replace the tree `� Cj Mahage rexle the posting o the b©nd orscame Qtherrm o.f 4 '1�:�`Fx�t.�� +� �lt. �t�� c�� ► �,�ne �t�r. �h� ;��nM: 2 :Failure, "to enter into ' mitigation` plan as 'xequired by this subsection or £a lure to comply with any condition of to t ayyg�+!jje+remen�t s�jhal(1.^, ,be ca.�ryril infracty�4.ony S`u'on fay lure s iali`'be a separate infraction each day the failure to comply continues. In addition; the City Manager m reuse 'to acceph any development permit application for the subject property or stop work on any development approved for the subject property under LOC Chapters 48 or 49 until an acceptable mitigation plan has been executed 5c d Wi ?. {Ord. No. 2059, Sec . 1; 06--16-'92 . ) j tign 2. �eyerabilit . The provisions of this ordinance are severable. If any portion of this ordinance is for any reason held to be invalid, such 'decision `shall not affect the validity of the remaining portions of this ordinance. Read for the first time by title only at the regular meeting of the City Council of the City 'of Lake Oswego held on day of 1994 . AYES: NOES: ABSTAIN: EXCUSED: Read for the second time by title only and enacted at the regular meeting of the City Council of the City of Lake Oswego held on the day of 1994 AYES: NOES: ABSTAIN: EXCUSED: Ordinance No. 2097 Page 13 of 14 . r e .' I3�tA.F'T 08123/94,eP Alice L. Schlenker, Mayor Dated• ATTEST.' Kristi Hitchcock, City Recorder APPROVED AS TO FORM I Jeffrey G. Condit City Attorney (2097) Ordinance No. 2097 Page 14 of 14