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Home My WebLink AboutAgenda Packet - 2003-01-22 (littie)tcd... ��{OFodao ,o City of Lake Oswego Ad Hoc Tree Code Review Task Force Al Wednesday, January 22, 2003 \\ / 7:00—9:00 pm �oREco- Human Resources Conference Room 380 A Avenue Members: Lake Oswego, OR 97034 Scott Rubel,Chair Christine Roth, VC Michael Buck David Cory Terrence Flanagan Richard Pross For Information: 503-699-7473 or singalls@ci.oswego.or.us Laura Rybowiak May Wiley Agenda This meeting is in a handicapped accessible location. For any special accommodations, please contact Sandy Ingalls at 503-699-7473, 48 hours before the meeting. I. CALL TO ORDER & ROLL CALL II. MINUTES November 25, 2002 III REGULAR BUSINESS 1. 7:00—7:30 - Discuss tree root protection (proximity to structures) 2. 7:31 — 8:00 - Review Tree Protection criterion (5X vs. l OX) 3. 8:01 — 8:20 - Review citizen correspondence 4. 8:21 —9:00 - Review Case study (PA 02-0052) - thinning IV ADJOURNMENT ATTACHMENTS: Minutes 1/13/03 - Revision of Chapter 55 NEXT MEETING DATE: January 27, 2003- Human Resources Conference Room DRAFT - City of Lake Oswego /%''AID' ` Ad Hoc Tree Code Review Task Force Minutes 1 November 26, 2002 I. CALL TO ORDER&ROLL CALL Chair Scott Rubel convened the Ad Hoc Tree Code Task Force at 7:08 p.m. on November 26, 2002 in the Human Resources Conference Room of City Hall at 380 A Avenue, Lake Oswego, Oregon. Task Force members present were Chair Scott Rubel, Vice Chair Christine Roth, Michael Buck, David Cory*, Richard Pross and Laura Rybowiak. May Wiley and Terrence Flanagan were absent. Sandy Ingalls, Code Enforcement Officer, represented the staff. II. MINUTES None. III. REGULAR BUSINESS Presentation to the City Council Task Force members agreed to present the draft Tree Code to the City Council section- by-section and answer questions after each section. Examination of latest draft Tree Code Revision The participants examined a draft Tree Code revision dated 11/12/02 that included comments and questions inserted by the staff and Evan Boone, Deputy City Attorney. In the Definitions Section the attorney's notes advised that a definition was needed for "Chronically Diseased Tree" because it was a criterion for removal of a tree. He suggested that if almost every tree manifested some level of disease, some threshold should be set for removal of a chronically diseased tree He asked for the rationale for Type I Permit removal of such a tree if it was not a "Hazard Tree." Mr. Cory related that some big leaf maples afflicted with chronic disease continued to live for many more years. The group heard a suggestion to require an arborist's report to support the position that a tree was chronically diseased, and another suggestion to remove the definition and the reference to "Chronically Diseased Tree"in the Type I Permit section on the basis that the "Hazard Tree" and "Dead Tree" sections might suffice. The Task Force noted that a tree might need to be removed to stop the spread of disease, even if its removal could not be justified in those two sections. They contemplated how to make "Hazard Tree" Removal include a diseased tree that had not yet failed. Mr. Cory posed a situation where City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 1 of 3 Minutes of November 26,2002 most of a tree was healthy, but it had one diseased node on a branch that might break off and hurt someone. The participants agreed to leave the "Hazard Tree" definition as drafted, and to revisit the definition of"Chronically Diseased Tree" later, after Mr. Cory researched and presented different professional arborists' definitions. The staff notes advised that the scope of a "canopy" was unclear in the drafted definition. Mr. Cory suggested that the Task Force arborists be allowed to refine the drafted definition of "canopy." Ms. Ingalls clarified that the Community Development Code definition of "City Manager" included the City staff (and would include a City arborist). Mr. Cory advised that the drafted definition, "Topping," actually described what professional arborists called "heading cuts." He also observed that it was possible to remove a branch and not leave a measurable stub. He suggested that "topping' be addressed in the tree technical manual. The participants recalled they desired to categorize removal of a significant portion of a tree canopy as "topping," however, the attorney's notes pointed out that the draft language could be interpreted to mean the "canopy" could be at any and all levels of the tree. Mr. Cory agreed to research the professional definition. The group agreed to delete the term "split" and change "fork(s)"to "fork"in the definition of"Tree" after Mr. Cory had explained that a fork was at the location where multiple trunks separated. The Task Force agreed with the attorney's recommendation to locate the standard for determining the"Tree and Root Protection Zone"in a separate section. *Mr. Cory left the meeting. The remaining participants indicated that they desired to have more time to individually review the new draft and staff comments before they continued the group discussion. They also asked if Mr. Boone could attend the next meeting to discuss the draft in person. [End of material on Tape 1 of 1, Side A — a portion of the end of this side was blank. Discussion then continued on Side BJ Task Force members recalled they had agreed there would be no mitigation requirement for Type I Permits, and they agreed to retain the initial language in the "Mitigation Required" section that explained that "Mitigation may be required for Type II removal permits, based on the City Arborist's written evaluation of site conditions." They recalled t hat t here was to be no 1 imit o n the n umber o f t rees removed under a Type I Permit for poplar, willow, fruit or non-native trees. They also recalled they had agreed that an arborist should assess a Type II Permit site and determine whether mitigation was to be required. The attorney's notes had advised that "either mitigation is required for a type of permit or it is not; the arborist does not have much to do with requiring mitigation." The group stressed that a professional assessment was important, especially in situations where a heavily treed site was to be thinned. When they examined the "Prohibited Activities" section of the draft the participants noted that the language "no person s hall remove o r disfigure a tree" could be i nterpreted t o m ean t hat a sprouting stump or an old previously topped tree could not be addressed. They examined the attorney's notes regarding notification procedures in the "Staff Decision and Notice Requirements for Type II Permits" section. Mr. Boone had recommended that the Tree Code reflect the Development Code concept of notice within a specified distance from a site. He had also noted that neighborhood impact might reach farther than abutting City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 2 of 3 Minutes of November 26,2002 properties. The Task Force members recalled they had desired to avoid specifying a number of feet when they provided that notice was to be sent to abutting and across-the- street properties. They pointed out Type II Permit criteria addressed impacts to the neighborhood. The participants recalled testimony that applicants believed the permitting process was too slow. They observed that draft language that allowed appeal only by those who had commented on the application within the prescribed time period reflected a similar provision in the Development Code. They agreed that notice of a decision should be sent within 10 days of a hearing to anyone who had filed written comments. They observed the draft provided that a stump of eight inches or larger diameter was appropriate evidence in the "Evidence of Violation" section. However, they acknowledged there might be situations where the stump was also removed, leaving little evidence of violation. When the participants examined the "Penalties" section they observed that the staff notes recommended a two-tier schedule to apply to 1) people who could have qualified for a tree removal permit, but did not apply for it; and 2) to people who could not show they would have qualified for permit. They recalled they had discussed setting a fine for purposeful removal without a permit at 10 times the normal fine because they had heard that some developers felt they could economically justify a small fine for removal without a permit IV. ADJOURNMENT The next meeting was scheduled for December 3, 2002. There being no further business, Chair Rubel adjourned the meeting at 9:00 p.m. Respectfully submitted, Sandy Ingalls Code Enforcement Specialist L:\treecodetaskforce\minutes\11-26-02 draft.doc City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 3 of 3 Minutes of November 26,2002 DRAFT ,,c of wa ask ill. City of Lake Oswego Ad Hoc Tree Code Review Task Force Minutes j November 26,2002 I. CALL TO ORDER&ROLL CALL Chair Scott Rubel convened the Ad Hoc Tree Code Task Force at 7:08 p.m. on November 26, 2002 in the Human Resources Conference Room of City Hall at 380 A Avenue, Lake Oswego, Oregon. Task Force members present were Chair Scott Rubel, Vice Chair Christine Roth, Michael Buck, David Cory*, Richard Pross and Laura Rybowiak. May Wiley and Terrence Flanagan were absent. Sandy Ingalls, Code Enforcement Officer, represented the staff. II. MINUTES None. III. REGULAR BUSINESS Presentation to the City Council Task Force members agreed to present the draft Tree Code to the City Council section- by-section and answer questions after each section. Examination of latest draft Tree Code Revision The participants examined a draft Tree Code revision dated 11/12/02 that included comments and questions inserted by the staff and Evan Boone, Deputy City Attorney. In the Definitions Section the attorney's notes advised that a definition was needed for "Chronically Diseased Tree" because it was a criterion for removal of a tree. He suggested that if almost every tree manifested some level of disease, some threshold should be set for removal of a chronically diseased tree He asked for the rationale for Type I Permit removal of such a tree if it was not a "Hazard Tree." Mr. Cory related that some big leaf maples afflicted with chronic disease continued to live for many more years. The group heard a suggestion to require an arborist's report to support the position that a tree was chronically diseased, and another suggestion to remove the definition and the reference to "Chronically Diseased Tree"in the Type I Permit section on the basis that the "Hazard Tree" and "Dead Tree" sections might suffice. The Task Force noted that a tree might need to be removed to stop the spread of disease, even if its removal could not be justified in those two sections. They contemplated how to make "Hazard Tree" Removal include a diseased tree that had not yet failed. Mr. Cory posed a situation where City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 1 of 3 Minutes of November 26,2002 ♦ most of a tree was healthy, but it had one diseased node on a branch that might break off and hurt someone. The participants agreed to leave the "Hazard Tree" definition as drafted, and to revisit the definition of"Chronically Diseased Tree" later, after Mr. Cory researched and presented different professional arborists' definitions. The staff notes advised that the scope of a "canopy" was unclear in the drafted definition. Mr. Cory suggested that the Task Force arborists be allowed to refine the drafted definition of "canopy." Ms. Ingalls clarified that the Community Development Code definition of "City Manager" included the City staff (and would include a City arborist). Mr. Cory advised that the drafted definition, "Topping," actually described what professional arborists called "heading cuts." He also observed that it was possible to remove a branch and not leave a measurable stub. He suggested that "topping' be addressed in the tree technical manual. The participants recalled they desired to categorize removal of a significant portion of a tree canopy as "topping," however, the attorney's notes pointed out that the draft language could be interpreted to mean the "canopy" could be at any and all levels of the tree. Mr. Cory agreed to research the professional definition. The group agreed to delete the term "split" and change"fork(s)"to "fork"in the definition of"Tree" after Mr. Cory had explained that a fork was at the location where multiple trunks separated. The Task Force agreed with the attorney's recommendation to locate the standard for determining the"Tree and Root Protection Zone"in a separate section. *Mr. Cory left the meeting. The remaining participants indicated that they desired to have more time to individually review the new draft and staff comments before they continued the group discussion. They also asked if Mr. Boone could attend the next meeting to discuss the draft in person. [End of material on Tape 1 of 1, Side A — a portion of the end of this side was blank. Discussion then continued on Side IV Task Force members recalled they had agreed there would be no mitigation requirement for Type I Permits, and they agreed to retain the initial language in the "Mitigation Required" section that explained that "Mitigation may be required for Type II removal permits, based on the City Arborist's written evaluation of site conditions." They recalled t hat t here was to be no limit o n the n umber o f t rees removed under a Type I Permit for poplar, willow, fruit or non-native trees. They also recalled they had agreed that an arborist should assess a Type II Permit site and determine whether mitigation was to be required. The attorney's notes had advised that "either mitigation is required for a type of permit or it is not; the arborist does not have much to do with requiring mitigation." The group stressed that a professional assessment was important, especially in situations where a heavily treed site was to be thinned. When they examined the "Prohibited Activities" section of the draft the participants noted that the language "no person s hall remove o r disfigure a tree" could be interpreted t o mean t hat a sprouting stump or an old previously topped tree could not be addressed. They examined the attomey's notes regarding notification procedures in the "Staff Decision and Notice Requirements for Type II Permits" section. Mr. Boone had recommended that the Tree Code reflect the Development Code concept of notice within a specified distance from a site. He had also noted that neighborhood impact might reach farther than abutting City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 2 of 3 Minutes of November 26,2002 A • properties. The Task Force members recalled they had desired to avoid specifying a number of feet when they provided that notice was to be sent to abutting and across-the- street properties. They pointed out Type II Permit criteria addressed impacts to the neighborhood. The participants recalled testimony that applicants believed the permitting process was too slow. They observed that draft language that allowed appeal only by those who had commented on the application within the prescribed time period reflected a similar provision in the Development Code. They agreed that notice of a decision should be sent within 10 days of a hearing to anyone who had filed written comments. They observed the draft provided that a stump of eight inches or larger diameter was appropriate evidence in the "Evidence of Violation" section. However, they acknowledged there might be situations where the stump was also removed, leaving little evidence of violation. When the participants examined the "Penalties" section they observed that the staff notes recommended a two-tier schedule to apply to 1) people who could have qualified for a tree removal permit, but did not apply for it; and 2) to people who could not show they would have qualified for permit. They recalled they had discussed setting a fine for purposeful removal without a permit at 10 times the normal fine because they had heard that some developers felt they could economically justify a small fine for removal without a permit IV. ADJOURNMENT The next meeting was scheduled for December 3, 2002. There being no further business, Chair Rubel adjourned the meeting at 9:00 p.m. Respectfully submitted, Sandy Ingalls Code Enforcement Specialist L:\treecodetaskforce\minutes\11-26-02 draft.doc City of Lake Oswego Ad Hoc Tree Code Review Task Force Page 3 of 3 Minutes of November 26,2002 e��cc o=w, ' " '° ;,� Tree Removal Permit No. 1 i Fee: 1 �� ;) ! Receipt No. + Application Date:• e � ; Applicant:<�AN<< tRt.cAl-oc9--�t Phone: U 3 6 7 U A PP (1J Address of Tree Removal: 6�L c, ikuL Property Owner << T «' j -,l Phone C 9 7 Cb _ Size,Number, and Type of Trees to be Removed: 3 A Reason for Removal: 4, -1.....„. I agree to comply with Lake Oswego Code, Chapter 55,regarding tree removal. I grant permission to the City of Lake Oswego for employees to enter the above property to inspect the trees requested for removal and investigate any trees that may appear t have been already unlawfully removed. I Sign* of Pro Owner(required) Signature of Applicant(if different) The City must sign for trees located on public property including rights of way Tie a ribbon around the tree(s) and restrain your dog on inspection day. Trees that are not marked cannot be reviewed. Permit Type (Fill out with City Staff) ❑ TYPE I Submit: (1)Removal site plan ❑ TYPE II * Submit: (1)Removal site plan, (2) Questionnaire, (3) Mitigation plan To Do: (1)Mark trees with yellow ribbon, (2)Post sign, (3) File Certification Form, (4) Stake building envelope &driveways Wait: 14 days until the comment period is complete, the City reviews the request, staff makes a tentative decision, and there will be a 14 day comment period for the public to request a hearing. You will be contacted if a hearing has been requested. ❑ DEAD Submit: (1)Removal site plan, (2) Photograph of tree/mark tree with yellow ribbon if required. Deciduous trees require a site visit by staff between November 1st and April 15`h. ❑ HAZARDOUS Submit: (1) Removal site plan, (2)Photograph of tree /mark tree with yellow ribbon if required. (3) Arborist's Report and(4)Hazard Evaluation Form. ❑ EMERGENCY Submit: (1)Removal site plan, (2) Photograph of tree/or mark tree with yellow ribbon ❑ VERIFICATION * Submit: (1) Removal plan, (2)Mitigation plan, if required (Prior approval) To Do: (1) Mark trees with yellow ribbon, (2) Stake building envelope & driveways ❑ OTHER * Building permits will not be issued prior to tree removal or tree protection inspection and approval. City Staff to Fill Out: Intake Staff Zone Tax ID Due Date e.g. (R21E08CB 2100). Planning or Building File # Mitigation Plan Approved/Denied Removal Approved/Denied Decision Staff Revised May 14,2002;I:\forms\applctns\tree permit apps\tree permit application.doc /�( P. ." i. r . •,..• ip oirer .. •..,..ar ':- h 4. 3 ip), a �_ •ti • „�. -'.Y•gb•11:41P' . .- • aiM% • . 41, l• ti • �: °- -0;. • •' • , ..r;,t' `�•. 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I 9 k ,yy •t 'PI `/IN 1 •k •=r•',q,. . + 'R I< 't'' vl '4;_ ,�•, .4. • ._..\ON4i A Photographic Guide to the Evaluation of HazardTrees in Urban Areas o-Z TREE HAZARD EVALUATION FORM 2nd Edition te/Address: /5-444-31 �1 LkJ t)S}4 0 HAZARD RATING: 3 + + 4 Q neap/Location: Failure + Size + Target = Hazard Owner:public private unknown other Potential of part Rating Rating Date: If 0/a3 Inspector. 2:26441. SDK )LtSa. Immediate action needed Needs further inspection Date of last inspection: • Dead tree TREE CHARACTERISTICS Tree#: / Species: ‘4)(4'.S t DBH:3S-1 #of trunks: 2 Height 9 D Spread: Form: L generally symmetric C minor asymmetry major asymmetry ❑stump sprout .tag-headed Crown class: ominant ❑co-dominant ❑intermediate ❑suppressed Live crown ratio: d % • Age class: ❑young _semi-mature lure ❑over-mature/senescent Pruning history: ❑crown cleaned _excessively thinned coed gown raised ❑pollarded ❑crown reduced ❑flush cuts ❑cabled/braced ❑none multiple pruning events Approx. _ es: Special Value: G specimen ❑heritage/historic ❑wildlife =unusual ❑street treed screen shade ❑indigenous ❑protected by gov.agency TREE HEALTH (�-��\� Foliage color. ,ormal ❑chlorotic ❑necrotic Epicormics?cYDN Growth obstructions: Foliage density:�ormal ❑sparse Leaf size: '— nerrnal ❑small ❑stakes ❑wire/ties ❑signs ❑cables Annual shoot growth: ❑excellent verage ❑poor Twig Dieback?() N ❑curb/pavement ❑guards Woundwood development ❑excellent average ❑poor ❑none ❑other Vigor class: ❑excellent average fair ❑poor Major pests/diseases: SITE CONDITIONS Site Character. residence ❑commercial ❑industrial G park ❑open space ❑natural ❑woodland\forest Landscape type: ❑parkway ❑raised bed ❑container G mound ❑lawn shrub border C windbreak Irrigation: none ❑adequate 12 inadequate ❑excessive ❑trunk wettled Recent site disturbance?( N ❑construction ❑soil cis:Jrbance 0 grade change ❑line clearing =site clearing • dripline paved: 0% 10-25% 25-50% 50-75% 75-100% Pavement lifted? Y dripline w/till soil: 0'0 +0-25 0 25-50% 50-75% 75-100% • dripline grade lowered: 0°0 10-25% 25-50% 50-75% 75-100% Soil problems: ❑drainage 0 shallow 0 compacted ❑droughty ❑saline 0 alkaline 0 acidic 0 small volume 0 disease center 0 history of fail ❑clay 0 expansive _slope aspect: Obstructions: ❑lights ❑signage ❑line-of-sight ❑view ❑overhead lines ❑underground utilities (traffic 0 adjacent veg. 0 Exposure to wind: single tree ❑below canopy ❑above canopy recently exposed dward,canoe edge 0 area prone to windthrow Prevailing wind direction: So LJ " ) Occurrence of snow/ice storms ❑never ❑seldom regularly TARGET Use Under Tree: uiiding rking rraffic £1.pe'destnan recreation landscape ❑hardscape C!small features ❑utility lines Can target be moved? Y Can use be restricted? Y Occupancy: 12 occasional use ❑intermittent use ❑frequent use constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y Q Mushroom/conk/bracket present: Y � ID: Exposed roots: ❑severe C moderate low Undermined: ❑severe ❑moderate ❑low Root pruned: 9 distance from trunk Root area affected: / % Buttress wounded: Y When: Restricted root area: ❑severe C moderate ❑low Potential for root failure: ❑severe ❑moderate •,0111m LEAN: deg.from vertical natural ❑unnatural ❑self-corrected Soil heaving: Y� Decay in plane of lean: Y l I�1/ Roots broken Y Q Soil cracking: Y Compounding factors: Lean severity: ❑severe ❑moderate ❑low CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe,m=moderate,I=low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper I ►/ Bow,sweep ✓ Codominants/forks Multiple attachments Included bark Excessive end weight Cracks/splits Hangers Girdling Wounds/seam Decay _ V Cavity Conks/mushrooms/bracket _Bleeding/sap flow T _ Loose/cracked bark Nesting hole/bee hive Deadwood/stubs • Borers/termites/ants Cankers/galls/burls Previous failure HAZARD RATING C Tree part most likely to fail: LAM:,it- UW - Co CS`^w�T Sc� .aLD Failure potential: 1 -low;2-mediur0 high;4-severe Inspection period: annual biannual other Size of part: 1 -<6"(15 cmy,6-18"(15-45 cm): Failure Potential+Size of Part+Target Rating=Hazard Rating 3 18 30"(45-7 cm);4 >30"(75 cm) Target rating: 1 -occasional use:2 intermittent use: 3 + 2 + _ " 3-frequent u a constant use HAZARD ABATEMENT Prune: ❑remove defective part C reduce end weight ❑crown clean 0 thin 0 raise canopy ❑crown reduce 0 restructure 0 shape Cable/Brace: Inspect further. Cl root crown 0 decay 0 aerial 0 monitor Remove tree: N Replace? Y N Move target: Y C) Other. Effect on adjacent trees: 0 none 0 evaluate Notification: ,caner 0 manager oveming agency Date: ) /1 0 / v 3 COMMENTS S EE ,c um u)S )//o / 03 Ye°"°r . A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas C,47 TREE HAZARD EVALUATION FORM 2nd Edition An e/Address: rRA}-'ti't- 0)Q-\ c wsk.,) HAZARD RATING: Map/Location: —� + —i + 3— = 9 Failure + Size + Target = Hazard Owner:public private unknown other Potential of part Rating Rating Date: 1/I')/D3 Inspector. f2 c�6 d2- fASSiz y y 3 2 4 Immediate action needed Date of last inspection: Needs further inspection Dead tree TREE CHARACTERISTICS Tree#: Z Species: _ �0 u_6 L Ash VL DBH: 39 N #of trunks: I Height \ 10 Spread: 4O_ Form: C generally symmetric C minor asymmetry <or asymmetry ❑stump sprout stag-headed Crown class: �1 dominant ❑co-dominant ❑intermediate ❑suppressed Live crown ratio: 75-- % Age class: ❑young E.semi-mature —atnature ❑over-mature/senescent Pruning history: crown cleaned C excessively thinned/riccoed crown raised ❑pollarded ❑crown reduced ❑flush cuts _cabled/braced ❑none multiple pruning events Approx. sates: Special Value: ❑specimen ❑heritage/historic ❑wildlife C unusual ❑street tree,„.12-streen de ❑indigenous E.protected by gov.agency TREE HEALTH Foliage color. normal ❑chlorotic ❑necrotic Epicormics?[ N Growth obstructions: Foliage density:-ormal ❑sparse Leaf size: _ncr:nal ❑small ❑stakes ❑wire/ties ❑signs ❑cables lnnual shoot growth: ❑excellent average ❑poor Twig Dieback?© N ❑curb/pavement ❑guards Voundwood development: ❑excellent rage ❑poor ❑none 0 other Vigor class: LJ excellent cerage C fair 0 poor Major pests/diseases: SITE CONDITIONS Site Character. residence ❑commercial 0 inaustrial E park 0 open space 0 natural ❑woodland\forest Landscape type: 0 parkway 0 raised bed ❑container C moundn ,121b—rub border C windbreak Irrigation: none 0 adequate C inadequate C excessive ❑trunk wettled Recent site disturbance? Y C construction ❑soil cis:Jrbance ❑grade change 0 line clearing =site clearing dripline paved: 0% 10-25% 25-50% 50 75% 75-100% Pavement lifted? Y N dripline w/till soil: 040 10-25 25-50% 50-75% 75-100% dripline grade lowered: 0°° 10-25% 25-50% 50-75% 75-100% Soil problems: 0 drainage 0 shallow ❑compacted ❑droughty ❑saline 0 alkaline 0 acidic ❑small volume 0 disease center ❑history of fail 0 clay 0 expansive _slope ° aspect: Obstructions: ❑lights 0 signage ❑line-of-sight 0 view J overhead lines 0 underground utilities 0 traffic djacent veg. ❑ Exposure to wind: ❑single tree ❑below canopy 0 above canopy 0 recently exposed 0 windward,canopy edge ❑area prone to windthrow Prevailing wind direction: 50 1- T'. . Occurrence of snow/ice storms ❑never 0 seldom—gularly TARGET Use Under Tree: wilding ❑parking %f affic.edestnan 0 recreation.8ldndscape ❑hardscape C!small features ity lines Can target be moved? Y Can use be restricted? Y Occupancy: ❑occasional use ❑intermittent userequent use constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y Mushroom/conk/bracket present: Y ID: Exposed roots: ❑severe E moderate „Cat6w Undermined: ❑severe ❑moderate low Root pruned: distance from trunk Root area affected: % Buttress wounded: Y N When: Restricted root area: 0 severe E moderate 0 low Potential for root failure: 0 severe 0 moderate LEAN: deg.from vertical .2 i ural 0 unnatural 0 self-corrected Soil heaving: Y Decay in plane of lean: Y Roots broken Y t .Soil cracking: Y( Compounding factors: Lean severity: 0 severe 0 moderate 0 low CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe,m=moderate,I=low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper Bow,sweep Codominants/forks Multiple attachments ✓ - Included bark Excessive end weight Cracks/splits Hangers Girdling Wounds/seam Decay ✓ Z,� Cavity Conks/mushrooms/bracket Bleeding/sap flow Loose/cracked bark Nesting hole/bee hive Deadwood/stubs Borers/termites/ants Cankers/galls/burls Previous failure _ HAZARD RATING Tree part most likely to fail: L S?Corr- CD W14k ( la -al)S Failure potential: 1 -low;2-medium;Q high;4-severe Inspection period: annual biannual other Size of part: 1 -<6"(15 cm);2-6-18"(15-45 cm): Failure Potential+Size of Part+Target Rating=Hazard Rating -18 30"(45-75 cm);4 >30"(75 cm) Target rating: 1 -occasional use;2 intermittent use; 3jrequent use;4-constant use HAZARD ABATEMENT Prune: 0 remove defective part ❑reduce end weight 0 crown clean 0 thin 0 raise canopy 0 crown reduce 0 restructure ❑shape Cable/Brace: Inspect further. 0 root crown ❑decay 0 aerial ❑monitor Remove tree:ON Replace? Y N Move target: Y Other. Effect on adjacent trees: 0 none evaluate Notification: ❑owner 0 manager 0 governing agency Date: • COMMENTS �'S3 A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas 1-1s TREE HAZARD EVALUATION FORM 2nd Edition te/Address: R40.3\2— e"v"u k.) HAZARD RATING: Map/Location: Failure + Size + Target = Hazard Owner:public private �,,� unknown other l� Potential of part Rating Rating Date: Inspector: t -0 - ��`I r N 1 41aek. Immediate action needed Date of last inspection: Needs further inspection Dead tree TREE CHARACTERISTICS Tree#: 3 Species: 110 l).10 C DBH: 3 6 #of trunks: Height 7 Spread: __42) Form: C generally symmetric C minor asymmetry ..2-th—ajor asymmetry ❑stump sprout Sfag-headed Crown class: ❑ dominant ❑co-dominant ❑intermediate suppressed Live crown ratio: by % Age class: ❑young _semi-matureature ❑over-mature/senescent Pruning history: -crown cleaned excessively thinned -bed awn raised ❑pollarded ❑crown reduced C!flush cuts C cabled/braced 0 none ltiple pruning events Approx. :aces: Special Value: C specimen ❑heritage/historic ❑wildlife C unusual ❑street tree . -screen ❑shade ❑indigenous C protected by gov.agency TREE HEALTH Foliage color: rmal ❑chiorotic C necrotic Epicormics?�N Growth obstructions: Foliage density:�rifirmal ❑sparse Leaf size: 0 normal ❑small ❑stakes ❑wire/ties ❑signs ❑cables Annual shoot growth: ❑excellent erage ❑poor Twig Dieback N ❑curb/pavement ❑guards Noundwood development ❑excellent average ❑poor ❑none ❑other Vigor class: ❑excellent raga 0 fair ❑poor Major pests/diseases: SITE CONDITIONS Site Character: residence ❑commercial ❑inoustrial 0 park ❑open space ❑natural ❑woodland\forest Landscape type: ❑parkway ❑raised bed ❑container C mound ❑lawn shrub border C wind break Irrigation: —ne ❑adequate C inadequate C excessive ❑trunk wetted Recent site disturbance? Y C construction ❑soil cis:Jrbance ❑grade change ❑line clearing C site clearing • dripline paved: 0% 10-25% 25-50% 50-75% 75-100% Pavement lifted? Y N • dripline w/till soil: 0°0 +0-25 25-50% 50-75% 75-100% dripline grade lowered: 0°a 10-25% 25-50% 50-75% 75-100% Soil problems: ❑drainage ❑shallow compacted ❑droughty ❑saline ❑alkaline ❑acidic ❑small volume ❑disease center ❑history of fail ❑clay ❑expansive -slope ° aspect: Obstructions: ❑lights ❑signage C line-of-sight ❑view overhead lines ❑underground utilities ralraffic ❑adjacent veg. ❑ Exposure to wind: ❑single tree below canopy ❑above canopy ❑recently exposed 0 windward,canopy edge ❑area prone to windthrow Prevailing wind direction: SD Occurrence of snow/ice storms ❑never ❑seldom 1ularly TARGET Use Under Tree: ❑building ❑parkin _traffic .destrian C recreation andscape ❑hardscape C small features utility lines Can target be moved? Y Q Can use be restricted? Y Occupancy: C occasional use ❑intermittent use Ci frequent use constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y Q Mushroom/conk/bracket present YID: Exposed roots: ❑severe C moderate low Undermined: ❑severe ❑moderate 2-t6w Root pruned: distance from trunk Root area affected: % Buttress wounded: Y N When: Restricted root area: ❑severe ❑moderate ow Potential for root failure: "Ivere ❑moderate low LEAN: deg.from vertical ❑natural ❑unnatural 0 self-corrected Soil heaving: Y N Decay in plane of lean: Y 1 Roots broken Y N Soil cracking: Y CO Compounding factors: Lean severity: 0 severe 0 moderate ❑low CROWN DEFECTS: Indicate presence of individual defects and rate their severity(s=severe,m=moderate,I=low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper I Bow,sweep _ Codominants/forks Multiple attachments ✓ _ Included bark 1--- Excessive end weight Cracks/splits Hangers Girdling Wounds/seam Decay Cavity Conks/mushrooms/bracket Bleeding/sap flow Loose/cracked bark Nesting hole/bee hive 1l Deadwood/stubs Borers/termites/ants Cankers/galls/burls Previous failure HAZARD RATING Tree part most likely to fail: Co ctD1'4`Ns-)a0-N" —TO S Failure potential: 1 -low;2-medium high;4-severe Inspection period: annual biannual other Size of part: 1 -<6"(15 cm)(Q_6-18"(15-45 cm): Failure Potential+Size of Part+Target Rating=Hazard Rating 3-18-30"(45-75 cm);4 AO"(75 cm) Target rating: 1 -occasional use;2 intermittent use; 3 + + y = 3-frequent us0 constant use HAZARD ABATEMENT Prune: ❑remove defective part C reduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce 0 restructure ❑shape Cable/Brace: Inspect further. ❑root crown 0 decay 0 aerial ❑monitor Remove tree:_@ N Replace? Y N Move target: Y go Other. Effect on adjacent trees: ❑none evaluate Notification: er ❑manager goveming agency Date: ) /' /0 la 3 COMMENTS s�'� F 4*, Ss-2)\c,1/e.ows Imo,) t �� ._ ) / J c v-ivv Proposal / Contract contract # • x 642 North Woods Tree Service Inc. West PO Bo inn, OR 97068 7 office 503-656-5802 fax 503-281 -5975 Any questions ? please call :CB #68360 Bonded- Licensed-Insured Roger Cassadv 503-281-5806 Arborist PN1432a 7 310-422-7978 — Frank Brickowski customer name phone no.s 444 5th street Lake Oswego, OR city zip address Job Site thomas guide m Directions Job Description billing address: 4820 Harwood Road San Jose, CA 95124 Frank Brickowski this contract includes page 5485.1 Individually complete job complete job Option #1 take down fir #1 3300 3175 3175 Option #1 grind stump; fir #1 leave chips lay 275 250 250 Option #2 take down fir #1 2150 1950 1950 Option #2 grind stump; fir #1 leave chips lay 175 150 150 Option #3 take down fir #3 Price variable 2200 2200 2100 Option #3 take down fir #3 Price variable 950 900 Option #3 grind stump; fir #1 leave chips lay 175 1 50 150 7775 6575 ' owering down the large wood on tree #1 with a crane should keep the vibration from amaging the sheet rock in Taylors house next door. IEstimate Date Authorized representative of NORTH WOODS TREE SERVICE l (prices quoted-good for 30 days) International Society of Arboriculture C fled Arborist #PN1432 All of the above work described above or in documents named above is to be completed in a substantial and workman like manner according to standard practices for the sum of dollars Terms of contract: Partial advance payment of $ Paid upon completion $ Any alteration or deviation from the above specifications involving extra costs of materials, labor, equipment rental or sub contractors will only be executed upon written orders for the same, and will become an extra charge over the sum mentioned in this contract. All l agreements must be made in writing. I warrant that I am the owner or agent of the owner of the property upon which the work is to be performed and hereby authorize contractor to prune or remove trees and/or shrubs as stated herein, and if not paid, I/We promise and agree to pay all attorney's fees, court costs, and/or collection costs which may be incurred in the collection of the amount due, together with interest at a rate of 1 .5% per month (19.57% per annum) from the r4P+'P of completion until paid in full. You are here by authorized to furnish all materials and labor required to plete the work mentioned in the above proposal , for which x agrees to pay the amount mentioned in said proposal, and according to the terms thereof. Date of acceptance NORTH WOODS TREE SERVICE 5485.1 1/10/03 page 1 I PO BOX 642/WEST LINN OR 97068 Frank Brickowski 310-422-7978 alley • I Greg c Taylor primary wires residence ./ f'i N , .,.,.,.,.,.,.,.,.,. r'�,.,— fir#3 fir#2 V fir#1 11 O O driveway 1 0 1 Pacific Brickowski home Dogwood 7th Street O I MetaSequoia I I C street Option#1:fir#1 take down using crane on lower trunks. Chip brush and all small wood. Leave the wood in log lengths. $3200.00 Grind the stump leaving the chips lay as part of the job $225.00 Option#2: fir#2, take down by droping and roping limbs Lower down most of upper trunk and then chunk down lower 25 feet of trunk. Leave wood in log lengths and allow others to cut up and haul away. $2,150 done alone$1,950 if done at same time as option#1. Grind stump$175.00 Option#3:fir#3,take down after PGE removes limbs over wires and reduces trunk... the amount of work that PGE does will affect the price. We would chip the brush and small wood and leave the wood in log length chunks. From $950-2200 depending on work we can get done for free (Washington county wood cutters hauled away the wood from Greg Taylors and he got a tax dedcution for the donated wood) On the tree by the driveway the lengths would be long enough that we could get them hauled away for free by log truck. If you use the Washington County wood cutters the wood may be there for serveral days. Please call if you have any questio s, 971-235-0674. -qrSincerely; . International Society of Arboriculture Certifed Arb rist PN1432a i 1/1 U/U� page I TREESCAPES PO Box 496 West Linn, OR 97068 Frank Brickowski 310-422-7978 illey Greg Taylor primary wires residence N fir#3 fir#2 • fir#1 OO driveway 0 Pacific Dogwood 7th Street Brickowski home • 0 MetaSequoia • C street fir#1: 2 large codominant trunks coming from same base with included bark between. The 2 trunks measure 39" and 38" dbh. The tree was topped years ago and their are multiple tops in excess of 18" diameter 20- 30 feet tall starting at 45-55 feet up the main trunks. The tops if broken out in wind would hit Greg Taylor residence, Frank Brickowski garage or cars parked in driveway. fir #2: fir is approximately 110 feet tall. The upper 35-40 of the crown consists of 2 large codominant stag headed tops, originating from where the tree was topped. This tree is very hazardous; the largest top leans toward the Brickowski home and could easily hit it if broken out in a South wind. fir#3: This fir tree has had multiple pruning events taking off large side branches. The crown is a suppressed crown in the shadow of fir#2. The trunk is less then 3 feet from primary wires. There is a large side codominant top that is growing directly over the wires. The tree has been topped and has large codominant tops higher up the trunk. The tree is a hazard to the alley and the wires. Once fir#2 is taken down this tree will become more of a hazard because the exposure to the wind will increase and the shared root system weakened as #2 fir roots rot away. This tree should come down the same time as fir#2. Please call if you have any questions, 971-235-0674. Sincerely; International Society of Arboriculture Certifed Arborist PN1432a TREESCAPES PO BOX 496 Invoice WEST LINN,OR 97068 GCB 68360 Invoice# 1015-4 Date 1/10/03 Bill to: Frank Brickowski 444 5th street Lake Oswego, OR Job site address's: Extended Item # Description Qty Price Amount Photos, tree report and 3 hazard reports 1 $375.00 $375.00 Subtotal $375.00 Discount $0.00 $0.00 Shipping $0.00 Current amount due Order Total $375.00 f ' ( ( \16 3 Chapter 55 DRAFT as2.921 Trees ( (.- GzAA Articles: GL 55.02 Tree Removal. 0 'V\. 55.06 Heritage Trees. 55.08 Tree Protection. Article 55.02 JA,VIA-1)-4 Tree Removal. Sections: a o 55.02.010 Purpose. 55.02.020 A), )- 55.02.030 Prohibited Activities. 55.02.035 Tree Removal in Conjunction with Major or Minor / ,A Development Permit. �-�J 50.02.036 Protected Native Tree Species 50.02.037 Tree Technical Manual 55.02.040 Repealed. Ord. No. 2059, 06-16-92. 55.02.041 Repealed. Ord. No. 2221, 01-18-00. 55.02.042 Permit Classifications and Review Procedures. 55.02.045 Repealed. Ord. No. 2221, 01-18-00. 55.02.050 Application for Permits. 55.02.060 Fees. 55.02.061 Repealed. Ord. No. 2097, 12-20-94. 55.02.065 Repealed. Ord. No. 2221, 01-18-00. 55.02.067 Repealed. Ord. No. 2097, 12-20-94. 55.02.070 Repealed. Ord. No. 2059, 06-16-92. 55.02.071 Repealed. Ord. No. 2097, 12-20-94. 55.02.075 Repealed. Ord. No. 2221, 01-18-00. 55.02.080 Criteria for Issuance of Type II Tree Removal Permits. 55.02.082 Staff Decision and Notice Requirements for Type II Permits. 55.02.084 Mitigation Required. 55.02.085 Request for Public Hearing on a Type II Tree Removal Permit. 55.02.090 Repealed. Ord. No. 1807; 09-15-81. 55.02.092 Expiration of Tree Removal Permits. Page 1 55.02.094 Conditions of Approval for Tree Removal Permits. 55.02.100 Repealed. Ord. No. 1807, 09-15-81. 55.02.110 Repealed. Ord. No. 1807, 09-15-81. 55.02.120 Repealed. Ord. No. 1807, 09-15-81. 55.02.125 Evidence of Violation. 55.02.130 Penalties. 55.02.135 Repealed. Ord. No. 2221, 01-18-00. Section 55.02.010 Purpose Residents of Lake Oswego live within an urban forest environment. The purpose of this chapter is to protect, preserve and promote this natural resource within the City's neighborhoods by regulating the removal of trees and prescribing preventive protection measures to avoid damage to trees during site development in order to retain the aesthetic wooded character of the City of Lake Oswego. Extra consideration will be given to preserving and protecting native species. Section 55.02.020 Definitions Arborist - a person who has met the criteria for certification from the International Society of Arboriculture and maintains his or her accreditation. City Arborist—International Society of Arborists (ISA) certified arborist(s) designated by the City Manager responsible for performance of the duties assigned to the City Arborist under this Code and the Tree Technical Manual. City Manager- means the City Manager or any officer or employee of the City of Lake Oswego. Dead Tree - means a tree is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. Deciduous Tree—Tree that naturally loses foliage in the fall. Development—Any human change to improved or unimproved real property, including, but not limited to, construction, installation or alteration of a building or other structure, change or use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil, paving, dredging, filling, excavation, drilling or removal of trees. DBH—Diameter at Breast Height—defined as the measurement of a tree's diameter at 4.5 feet or 54 inches above ground level. The Tree Technical Manual should be followed to measure trees that do not have a straight trunk or are located on a slope. Diameter Inch - refers to a manner of expressing tree size as calculated by measuring the tree's circumference and dividing by Pi (3.14). . Erosion—Detachment and movement of soil, rock fragments, mulch, fill or sediment. Fruit Tree—Edible or ornamental variety of stone-fruit or pome-producing trees. Page 2 Hazard Tree—Any tree with a structural defect and/or disease which makes it subject to a high probability of failure, and threatens persons or property, including other trees, in the event of failure. Removal - means to cut down, damage, and cause to become unstable or to remove enough of the crown, trunk, or root system of a tree ,or to damage a tree so as to cause the tree to decline and/or die or become hazardous. "Removal" includes but is not limited to topping, damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. Single Family Dwelling for the purpose of this chapter means any of the following: a detached home, a townhouse or row house, a zero lot line dwelling, duplex unit, or a condominium unit where the tree-removal permit relates to a tree located in the private yard of such a unit. Soil Stability—Ability of soil to remain in its current location. Surface Waters— Storm water, groundwater, or other retained water that stands or flows on the ground surface Topping - a pruning practice that results in removal of terminal growth leaving a stub cut end. Tree - means any woody plant having a trunk six inches or larger in DBH. If a tree visibly forks into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the fork(s), and is considered one tree. For the purposes of this section, a tree is considered to fork where multiple trunks are physically separated to the degree that light passes between them. English laurel (Prunus laurocerasus), photinia (All Photinia), arborvitae (Thuja orientalis), holly (All Ilex), Portuguese laurel (Prunus lusitanica), poison oak (Rhus diversiloba), and English ivy (Hedera helix) shall not be considered a tree. Tree Removal Permit - means written authorization from the City for a tree removal to proceed as described in an application, such authorization having been given in accordance with this chapter. Tree Technical Manual—A regulatory document containing specialized, arboricultural reference materials, maintained and updated by the City Arborist with the approval of the City Manager, on file with the Planning Division to be used in the application of Chapter 55. Section 55.02.030 Prohibited Activities 1. No person shall remove, cause, or direct the removal of a tree without first obtaining a tree removal permit from the City pursuant to this Chapter. 2. No person, including a utility or public agency, shall top a tree without first obtaining a topping permit from the City pursuant to this Chapter. 3. No person who is required to install or maintain tree protection measures per LOC 55.08 shall do any development activities including, but not limited to clearing, grading, excavation or demolition work on a property or site which requires ministerial, minor or major development approval without approved tree protection measures properly installed and maintained pursuant to this Chapter. Page 3 Section 55.02.035 Tree Removal in conjunction with Major or Minor Development Permit. 1. If a Major or Minor Development Permit applied for pursuant to LOC Chapter 50 would require or result in tree removal and/or a tree removal permit as defined in this Chapter, compliance with LOC 55.02.082sha11 be a criterion of approval of such development permit. Tree removals in conjunction with a Major or Minor Development Permit shall be considered in conjunction with such permit and shall be subject to the application, notice, hearing and appeal procedures applicable to the proposed Major or Minor Development pursuant to LOC Chapter 50. The required Notice for Major or Minor Development that would require or result in tree removals shall include a site plan indicating the location of all trees. The trees proposed for removal shall be indicated on the site plan and also be flagged with yellow flagging tape on site. Such flagging shall be maintained until a final decision on the proposal is rendered. The remaining notice, hearing and appeal procedures in Chapter 55 shall not apply to tree removals considered in conjunction with a Major or Minor Development request. Subsequent tree removals that have not been reviewed through either Major or Minor Development procedures shall be reviewed as provided in this chapter. The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC 55.02.084. Such mitigation requirements shall be a condition of approval of the original development permit. 2. Once a final decision has been rendered on the Major or Minor Development Permit, trees that have been approved for removal as part of that decision shall be subject to the Verification Permit process. Applications for Verification Permits shall be made on the application forms as prescribed by the City Manager and be accompanied by an application fee as established by resolution of the City Council. The purpose of the verification process is to ensure that the trees approved for removal are properly identified for removal in the field and that the trees that were not approved for removal are not inadvertently removed. Removal of trees in violation of such land use approval will be considered a violation of this Chapter. The criteria contained in LOC 55.02.082sha11 not apply to Verification removal permits. 3. If a tree proposed to be removed has been specifically required to be preserved or protected as a condition of approval of a land use action pursuant to the Lake Oswego Community Development Code, the tree removal application shall be processed as a modification to that land use action and shall be reviewed subject to the criteria of LOC 55.02.082 by the body responsible for reviewing such land use actions. Such modification procedure shall not be required in cases of an emergency tree removal as provided in LOC 55.02.042(3), when the tree is dead as provided in LOC 55.02.082(1), or a hazard as provided in LOC 55.02.082(2). 4. The City may impose conditions of approval on any tree removal permit if the condition is reasonably related to preventing, eliminating or mitigating a negative impact or potential impact on natural features or processes or on the built environment of the neighborhood which is created or contributed to by the approved tree removal. Conditions of approval may include, but are not limited to: a. Leaving a stump instead of grinding or fully removing a stump; Page 4 b. Requiring modifications in the location, design or intensity of a development or activities on a site or to require or prohibit certain construction methods; such as grade beam foundations and bridging of driveways and sidewalks over roots. c. Requiring vegetation not requiring a tree removal permit to remain in place or be planted; d. Requiring the removal of injurious vegetation from other trees and surrounding area on the property, such as: Scientific Name Common Name Clematis vitalba Traveler's joy Hedera helix English ivy Ipomoea convolvulaceae Morning glory Rubus discolor Himalayan Blackberry Rhus diversiloba Poison Oak Section 55.02.036 Protected Native Tree Species The following protected natives trees, if at least six inches in size, can only be removed through the Type II removal process, unless the trees are dead or a hazard: Protected Native Tree Species List Abies grandis grand fir Amelanchier alnifolia western serviceberry Arbutus menziesii madrone Cornus nutallii pacific dogwood Pinus ponderosa ponderosa pine Pseudotsuga menziesii Douglas-fir Quercus garryana Oregon white oak Rhamnus purshiana cascara Taxus brevifolia western yew Thuja plicata western red cedar Tsuga heterophylla western hemlock Section 55.02.037 Tree Technical Manual The City Manager may adopt a Tree Technical Manual, and revise its contents from time to time. The Tree Technical Manual shall contain specialized, arboricultural reference materials; establish procedures required for installation, planting, pruning, thinning, removal, and maintenance of trees; and, establish or preserve the tree and root protection zone. Any person who is required under this Code or pursuant to a condition of approval of a development permit to undertake such activities or to comply with the tree and root protection zone shall comply with the requirements and procedures set forth in the Tree Technical Manual. Page 5 Section 55.02.042 Permit Classifications and Review Procedures. A person who desires to remove a tree shall first apply for and receive one of the following tree removal permits before tree removal occurs: 1. TYPE I REMOVAL PERMIT is required for: a. Removal of up to two trees, 12-inch DBH or less per tree within a calendar year, located on property that is in a residential zone and is occupied by a single family dwelling, and the tree(s) is/are not: i. Protected by a condition of approval of a development permit pursuant to the Lake Oswego Community Development Codes; ii. Located within an area or parcel that has been placed on the Historic Landmark Designation List pursuant to LOC Chapter 58; iii. A Heritage Tree per LOC 55.06; iv. Located within a Resource Conservation (RC) or Resource Protection (RP) sensitive land overlay district; v. Located within the Willamette River Greenway (WRG) overlay district; vi. Located within the 25-foot Oswego Lake Special Setback; vii. Located on property owned by the City of Lake Oswego or dedicated to the public, including parks, open spaces and public rights-of-way. viii. on the protected native species list set forth in LOC 55.02.036 and has a 6" DBH or greater; or b. Any size and number of willow family, (including cottonwood and poplar), fruit or non-native hawthorn trees. c. Any tree not meeting Type I criteria shall be subject to requirements of LOC 55.02.042 (2) or(3) or(4) or(5) or(6) or(7). Type I Permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a Type I Permit pursuant to this subsection. 2. TYPE II REMOVAL PERMIT: a. A Type II permit is required prior to any tree removal application that does not qualify as a Type I Permit, Dead Tree Removal Permit, Hazard Tree Removal Permit, Emergency Permit, Verification Permit, or Topping Permit as described in this section. b. Type II Permits shall be reviewed and approved by the City Manager pursuant to LOC 55.02.042 (2)(D) and 55.02.082. c. Criteria for Issuance of Type II Tree Removal Permits. Except for removal of trees within a sensitive lands area which must address additional criteria contained in Sensitive Land Overlay District (LOC 50.16.005-50.16.110), an applicant for a Type II tree-removal permit shall demonstrate that the following criteria are satisfied: i. Removal of the tree is not for providing or enhancement of views; Page 6 ii. Removal of the tree will not have a significant negative impact on soil stability, flow of surface waters or wind, protection of other trees or existing wind-buffering trees; iii. Removal of the tree will not have a significant negative impact on the character, aesthetics, or property values of the neighborhood. The City may grant an exception to this criterion when alternatives to the tree removal have been considered and either no reasonable alternative exists to allow the property to be used as permitted in the zone or the City Engineer determines that the tree presents a public safety hazard in the public's use of a public right-of-way. In making this determination, the City may consider alternative site plans for placement of structures or other developments that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of the Lake Oswego Code; d. The City may require the applicant to mitigate for the removal of each tree pursuant to LOC 55.02.084. Such mitigation requirements shall be a condition of approval of the permit. In circumstances where trees are removed for the better aArboricultural interests of the remaining trees as determined by the City Arborists, no mitigation will be required. 3. DEAD TREE REMOVAL PERMIT: a. The City shall issue a tree removal permit for a dead tree, except as provided by subsection (b) of this section, if the applicant demonstrates that a tree is dead and removal of the tree will not have a significant negative impact on soil stability or flow of surface waters. b. In order to provide for wildlife habitat and natural processes, the City Manager may require the retention of a dead tree. Dead trees shall not be removed if located in wetlands, Resource Conservations (RC) Protection Areas (LOC 50.16.055), stream corridors, parks or open space areas required to be preserved as a condition of development approval, unless the tree presents a hazard to persons or property. c. A utility or public agency may be issued a revocable dead tree removal permit for 1 (one) year for the purpose of pruning trees and public safety issues adjacent to utility poles within the public right-of-way. If under this permit, the utility or public agency removes trees that are not dead, or if dead, their removal is not required for the purpose of thinning and public safety issue, the utility or public agency shall be liable for penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084, and the City Manager shall revoke the permit. 4. HAZARD TREE REMOVAL PERMIT: The City shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard, and the hazard cannot be alleviated by pruning or treatment. 4 Cross-Reference: See LOC 55.0203EQ,for requirement for arborist's report in laA application o 5. EMERGENCY TREE REMOVAL PERMIT: a. If the condition of a tree presents an immediate danger of collapse, and represents a clear and present hazard to persons or property, an emergency tree Page 7 removal permit may be issued and the payment of a fee may be waived. For the purposes of this subsection, "immediate danger of collapse" means that the tree is already leaning, with the surrounding soil heaving, or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the hazard tree removal permit process. "Immediate danger of collapse" does not include hazardous conditions that can be alleviated by pruning or treatment. b. Emergency tree removal permits must be approved by the City Manager. If an emergency situation arises at a time when the City Manager is unavailable, and such emergency creates a significant likelihood that the tree will topple or otherwise fail before such official becomes available, the owner of the tree shall, if practical and reasonable, first notify the City and state the address where the tree is being removed, the company performing the removal, along with the property owner's name, address, and telephone number. The owner shall photograph the tree showing emergency conditions and then may proceed with removal of the tree to the extent necessary to avoid the immediate hazard. Within seven days of such removal, the owner of the tree shall apply for a retroactive emergency tree removal permit. c. If the evidence shows that the tree did not satisfy the emergency tree removal standards set forth in this subsection, the application shall be denied and the owner of the tree shall be subject to penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084. Cross-Reference: See LOC 55.020. or requirement for evidence of emergency and arborist report in application. 0 6. VERIFICATION PERMIT: a. If a site has received development approval through a Major or Minor Development Process, then a Verification Permit shall be issued for those trees approved for removal through that process. b. To obtain a Verification Permit, an applicant must clearly identify in the field the trees to be removed by tying yellow flagging tape around each tree and submit a site plan indicating their location. The City Manager may require the building footprint of the development to be staked to allow for verification of the permit application. The City Manager will then verify that the trees designated for removal match the site plan approved through the Major or Minor Development Process. c. Any tree not approved for removal through the original Major or Minor Development review process shall not be approved as part of the verification permit process, unless the subject tree is located within an approved building footprint, public/private utility or improvement area, and no feasible alternative exists to preserve the tree. In such cases, the City may allow the tree to be removed without a Type II tree removal permit process; however, the mitigation requirements of LOC 55.02.084 shall still apply. d. Verification permits shall not be issued prior to the issuance of a building permit for the subject property without prior authorization by the City Manager. 7. TOPPING PERMIT: a. A topping permit may be issued only if the following apply: Page 8 i. The applicant is any person, including a utility or public agency ii. The proposed topping is in furtherance of public safety, to improve the condition of the tree, or remove dead wood; and iii. Trees under utility wires may be topped only where other pruning practices are impractical. iv. A utility or public agency may be issued a revocable topping permit for 1 (one) year for the purpose of topping and thinning trees adjacent to utility poles within the public right-of-way. If under this permit, the utility or public agency tops trees that do not meet the criteria of subsection (ii) above, the utility or public agency shall be liable for penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084, and the City Manager shall revoke the permit. b. The City, in granting approval for tree removal in an open space or undeveloped area, may allow a tree to be topped to a designated height in order to maintain a "snag" for wildlife habitat. c. A tree removal permit shall not authorize topping unless said tree removal permit specifically authorizes such action. d. Fruit trees are excluded from topping regulations. Cross-Reference: See LOC 55.020 for requirement for arborist report in • application. 05'0 Section 55.02.05O Application for Permits prescribed • • • ap shall be made on such forms and contain such information as the City Manager may require. 4-2. The applicant shall have the burden of proving the application complies .with the criteria for approval of the applicable class of permit. 2,3. In considering the application, the City Manager may require on-site inspection to verify the information submitted and to assist in determining whether the tree removal criteria are met. 3, 4. Misrepresentation of any fact necessary for the City's determination for granting a tree removal permit shall invalidate the permit. The City may at any time, including after a removal has occurred, independently verify facts related to a tree removal request and, if found to be false or misleading, may invalidate the permit and process the removal as a violation. Such misrepresentation may relate to matters including, without limitation, tree size, location, health or hazard condition, and owner's authorized signature. 4. 5. In the event that a permit is issued, and the applicant revises the site plant, the applicant must submit a revised plan to the City Manager for review and approval prior to removing any trees on the site. If the tree(s) is removed before a revised plan is submitted and approved by the City Manager, the applicant shall mitigate for the loss of the tree(s)by planting the same species with a total diameter inch as what was removed or pay into the tree fund the value of the removed tree(s). Page 9 Section 55.02.060 Fees An application for a tree removal permit shall be accompanied by a filing fee as established by resolution of the City Council. Section 55.02.082 Staff Decision and Notice Requirements for Type II Permits. 1. An applicant for a Type II tree removal permit shall: a. Complete a written notice form to be mailed by the City via regular mail to property owners within 100 feet of the property, and to the chair of any recognized neighborhood association whose boundaries include the proposed tree removal site. The mailing address for the owners shall be as on file with the county tax assessor; the mailing address for the chair of the neighborhood association shall be that mailing address on file with the City. b. Complete a written certification that the property will be posted and the trees will be marked pursuant to this section. c. Within 24 hours of applying for a tree removal permit, post a public notice sign of a pending tree removal permit as provided by the City on the subject property in a location which is clearly visible and readable to public passing the property. The public notice sign shall state that a tree removal permit is pending for trees on the property marked by yellow plastic flagging tape, and the notice shall include a site plan, the date of posting, the reason for tree removal, that written comments may be submitted to the City Manager within 10 days from the date of posting, and the pending permit number as assigned by the City Manager. d. Mark each tree proposed to be removed by tying or attaching a yellow plastic flagging tape to the tree at 4.5 feet above mean ground level at the base of the trunk on the same day that the property is posted. e. Maintain the posting and marking for ten (10) consecutive days. 2. If written comments are received by the City Manager within the 10-day posting period, both the applicant and those persons submitting written comments will be notified by regular mail of the decision by the City Manager. If no mailing address is stated on the written comment, the person submitting the written comment shall be deemed to have waived the mailing of the decision to them. Persons submitting written comments who provided a mailing address and the applicant shall have seven calendar days from the date of the decision to request an appeal in writing to the City Recorder. The application will be held open during the appeal period. The applicant shall continue to post the public notice sign and keep a yellow flagging tape on the tree until a decision has been rendered on the tree removal application. 3. The City Manager will consider any comments on the pending permit that are received within 10 (ten) days of the date of posting. If the tree removal application is not challenged within the 10-day posting period, the City Manager will either approve or deny the application and notify the applicant of the decision. The City Manager shall, within one business day following the decision, mail notice of decision by regular mail to the applicant and persons who submitted written comment. 4. If the applicant or person who submitted written comment appeals the decision or the conditions imposed on a approved permit, pursuant to LOC 55.02.085, the Page 10 City Manager shall in a timely manner post a sign stating that an appeal is pending, and the time and date of the appeal hearing. The applicant shall maintain the posting of this sign and the tree marking until the date of the hearing. 5, 5. Failure to install or maintain the required notice and marking may result in denial or delay in issuance of the permit or revocation of an approved permit. Section 55.02.084 Mitigation Required . The general mitigation requirement, when required, shall be satisfied as follows: 1. Replanting on site. If the City Arborist determines that there is sufficient space on the site to permit replanting, consistent with the future growth requirements of the other trees on the site, the applicant shall plant either: a. if a native tree was removed, a native tree from the City's Native Plant List which is a minimum 1-1/2 diameter inch for a deciduous tree or a minimum 6-8 foot tall (excluding the leader) for an evergreen tree, or b. a minimum 1-1/2 inch diameter deciduous tree or a 6-8 foot tall evergreen tree (excluding the leader) { each tree removed, for each tree removed. The tree shall be planted according to the specifications in the Tree Technical Manual for each tree removed. The tree shall be planted according to the specifications in +rrthe Tree Technic l A 2. Replanting off site. If in the City Arborist's determination there is insufficient space on the site to permit replanting, consistent with the future growth requirements of the other trees on the site, the replanting required in subsection (1) shall occur on other property in the applicant's ownership or control within the City, an open space tract that is part of the same subdivision, or in a City-owned or dedicated open space or park, with a planting plan approved by the City Arborist,: The City Arborist shall specify the species and the size of the mitigation trees under this section. Such mitigation planting is subject to the approval of the authorized property owners. If planting on City-owned or dedicated property, the City Arborist may specify the species and size of the tree. Nothing in this section shall be construed as an obligation of the City to allow trees to be planted on City-owned or dedicated property. 3. Payment in lieu of planting. If in the City Arborist's determination no feasible alternative exists to plant the required mitigation trees, the applicant shall pay into the tree fund an amount as established by the resolution of the City Council. Section 55.02.085 Procedures for Hearings and Appeals. 1. Any person who submitted a written comment within the comment period may request a hearing on a Type II tree removal permit by filing a written Request for Hearing, along with the applicable hearing fee as established by resolution of the City Council with the City Recorder, within seven days of the date the decision pursuant to LOC 55.02.082. Failure to file within the seven-day period shall preclude such a request. 2. An applicant for a tree removal permit may appeal denial of a permit or conditions imposed on an approved permit by filing a written notice of intent to appeal, Page 11 along with the applicable filing fee as established by resolution of the City Council, with the City Recorder within seven days of the date of decision on the permit. 3. Requests for hearing and appeals shall be heard by the Community Forestry Commission (CFC), which shall hold a public hearing on the request or appeal. The City Manager shall send written notice of the hearing to the applicant, the person requesting the hearing if different from the applicant, and to the recognized Neighborhood Association for the area in which the subject property is located. The written notice shall be sent at least ten days in advance of the hearing to all persons who filed written comments within the comment period. 4. The CFC shall hear testimony from the applicant, followed by those persons who submitted comments in favor of the application, those persons who submitted comments opposed to the application (beginning with the person who requested the hearing if different from the applicant), and concluding with rebuttal by the applicant. Any person who submitted comments may testify before the CFC. Following the close of the public testimony, the CFC shall determine, based upon the evidence and testimony in the record, whether or not the application complies with the criteria contained in LOC 55.02.080. The findings, conclusions, and order shall contain the CFC's reasons for approving, denying or modifying the permit. 5. A decision of the CFC shall not become final for ten days from the date of adoption of written findings. Any person who appeared before the CFC either orally or in writing may appeal the decision of the CFC to the City Council by filing a written notice of intent to appeal, along with an appeal fee as established by resolution of the Council, with the City Recorder within ten days of the date of adoption of the CFC's written findings, conclusions and order. The findings, conclusions, and order and minutes of the CFC meeting, along with any written staff reports or testimony shall be forwarded to the City Council. Written notice of the appeal hearing shall be sent at least ten days in advance of the Council hearing to those persons who appeared before the CFC. The hearing before the City Council shall be on the record established before the CFC and only persons who appeared before the CFC orally or in writing may testify. The appellant shall testify first, followed by persons in favor of the appeal, persons in opposition to the appeal (beginning with the applicant if different from the appellant), and concluding with rebuttal by the appellant. The Council's hearing and decision shall otherwise comply with subsection 4 of this section. The decision of the Council shall be final. Section 55.02.092 Expiration of Tree Removal Permits. 1. Except as provided by subsection 2 below, a properly issued tree removal permit shall remain valid for no more than 60 days from the effective date of final decision by the City Manager, or if appealed, by a hearing body. A 60-day extension shall be automatically granted by the City Manager if requested in writing before the expiration of the permit. No additional extension beyond the first extension shall be granted. Permits that have lapsed are deemed void. Trees removed after a tree-removal permit has expired shall be considered a violation of this Chapter. 2. Tree removal permits approved in conjunction with building permits will expire six months from the date of issuance of the building permit. Page 12 • Section 55.02.125 Evidence of Violation. 4-1. A stump that is a ten diameter inches or more for which no tree removal permit was approved shall be considered prima facie evidence of the removal of a tree in a violation of this chapter. 22. Proof of violation of this chapter shall be deemed prima 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. 3. Tree removal or topping caused by natural weather conditions shall not be deemed a violation of this chapter and shall be exempt from all penalties set forth in LOC 55.02.130 Section 55.02.130 Penalties. 1. Civil Violation. A violation of any provision of this chapter, the breach of any condition of a permit granted under this chapter, or the failure to comply with the Tree Technical Manual shall be a civil violation as defined by LOC 34.04.105, enforceable pursuant to LOC 34.04. The unlawful removal or causing, participating in or directing the removal of each individual tree shall be a separate offense hereunder. Failure to comply with the provisions of this chapter or a condition of approval shall constitute a separate offense each day the failure to comply continues. The violation shall be punishable by a fine set forth by the municipal court and the enforcement fee and restoration requirements as set forth in LOC 55.02.130(3) and (4). 2. Nuisance Abatement. The removal or causing, participating in or directing the removal of a tree in violation of this chapter is hereby declared to be a public nuisance, and may be abated by appropriate proceedings pursuant to LOC 34.08. 3. Enforcement Fee. A person who removes or causes_participate->}ges in,, or directrngs the removal of a tree without first obtaining a tree removal permit from the City pursuant to this Chapter, removes or causes,participatii ges in, or direct-4gs the removal of a tree in violation of an approved tree removal permit, or violates a condition of an approved tree removal permit shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. 4. Restoration;Mitigation or Fee. a. A person who removes or causes, participates in, or directs the removal of a tree without first obtaining a Type II, dead tree, or hazard tree removal permit from the City pursuant to this Chapter, removes or causes, participati+ges in,or directings the removal of a tree in violation of an approved Type II, dead tree, or hazard tree removal permit, or violates a condition of such a permit shall either restore the damaged tree on the site, restore the same diameter inch tree to the site if the tree was removed from the site, restore the same number of diameter inches of trees to the site, pay into the City's Tree Fund a standard fee per diameter inch for the total number of diameter inches of the tree removed in violation of this Chapter in an amount as established by resolution of the City Council, or a combination thereof as provided hereafter. Page 13 b. If a tree is damaged but is not removed from the site, a person who violates any provision of this chapter shall submit a report prepared by an arborist to evaluate the damage to a tree and/or make recommendations to remedy the violation. The City Arborist, upon evaluating these recommendations may, at the City Arborist's discretion, require that the recommended measures be implemented. If, however, the City Arborist determines that it is not likely that the damaged tree will survive for 5 years, then the tree shall be removed and the person shall pay such fines, fees, and mitigate the same as if the tree had been originally removed. c. If the City Arborist determines that it is practical to plant a restoration tree which is the same diameter-inch tree as that removed and the 5-year survivability of the restoration tree(s) can be assured with a maintenance plan, then the owner shall plant such restoration tree on the site in the same general location as that removed, and such planting shall be performed and maintained in the manner directed by the City Arborist. d. If the City Arborist determines that it is not practical to plant a restoration tree which is the same diameter-inch tree as that removed, or the 5-year survivability of said restoration tree cannot be assured even with a maintenance plan, but the City Arborist determines that there is adequate room on site,consistent with the future growth requirements of the other trees on the site, for one or more restoration trees for the tree that was removed so that the cumulative diameter inches of the restoration trees is-are the same as the diameter inches of the tree that was removed, and that the 5- year survivability of the restoration tree(s) can be assured with a maintenance plan, then the owner shall plant such additional restoration trees on the site in the location and in the manner directed by the City Arborist. If, however, the City Arborist determines it is not practical to plant additional restoration trees on site which would cumulatively equal the diameter inches of the tree removed, then the Owner shall plant such additional trees on site as the City Arborist determines possible and the person shall pay into the City's Tree Fund the standard fee per diameter inch in an amount as established by resolution of the City Council for the difference in the total number of diameter inches of the tree removed as compared to the diameter inches of the restoration trees planted. In determining the size of restoration trees to be planted, and their location, the following priority shall apply: i. largest size survivable tree in the original location as the removed tree, with lesser-sized trees in the same general location, to the extent practical based on the effect on the future health of trees in that area; ii. largest size survivable tree elsewhere on the site other than in the original location of the removed tree, with lesser-sized trees in the original location as the removed tree, to the extent practical based on the future health of trees in those respective areas; iii. largest size survivable tree elsewhere on the site other than in the original location of the removed tree, with lesser-sized trees elsewhere on site other than in the original location of the removed tree, to the extent practical based on the future health of trees in those respective areas; The maintenance plan shall be for such period of up to 5-years of time as the City Arborist determines necessary to assure the survival of all restoration trees. The Owner shall post a performance bond, letter of credit, or other form of security acceptable to the City Manager that is equal to 120% of the value of the restoration trees planted. The Page 14 bond, letter of credit, or security shall be released upon successful completion of the maintenance plan. The maintenance plan, or a memorandum thereof, shall be recorded with the County Clerk of the county in which the site is located. e. The City may require the person to pay into the City's Tree Fund an increased fee per diameter inch for the total number of diameter inches of the tree removed in violation of this Chapter and not restored under subsection (d), in an amount as established by resolution of the City Council or the value of the tree as determined by the City Arborist in accordance with the methods set forth in the "Guide for Plant Appraisal" an official publication of the International Society of Arboriculture, whichever is greater, if any of the following apply: i. The person has committed a previous violation of a provision of this Chapter, or ii. Tree protection measures as required by LOC 55.08 were not installed or maintained, or iii. The tree removed was any of the following: (a) 36 inches in diameter or greater, (b) a Heritage Tree, per LOC 55.06 (c) expressly protected or required to be preserved as a condition of approval of a development permit pursuant to the Lake Oswego Community Development Code, (d) located within the Willamette River Greenway per LOC 50.15, (e) part of a Resource Conservation (RC) or Resource Protection (RP) area, per LOC 50.16. (f) Located on public right-of-way, City owned or dedicated property, a public or private open space area or conservation easement. 5. Enforcement and Restoration fees under subsection 4(e) for tree removals I on a development site and/or associated with a building permit shall be 10(ten) times the scheduled fees. 6. Injunction. Upon request of the City Manager or direction from Council, the City Attorney may institute appropriate action in any court to enjoin the removal of trees in violation of this Chapter. 7. Loss of City Privileges. a. A person hired to perform tree removal within the City, upon request, shall provide evidence to the City Manager that he or she possesses a valid license to conduct business in City of Lake Oswego. The person is subject to business license revocation pursuant to LOC 20.02.085 if the person violates any provision of this Chapter. b. Any arborist, builder, landscaper, contractor, or tree service that has performed any tree removal in violation of this chapter or submitted a falsified report for the criteria required in this chapter, shall not be considered a responsible bidder for any City contracts for a period of two years from the date of violation or report. 8. Cumulative Remedies. 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. Page 15 Article 55.06 Heritage Trees Sections: 55.06.010 Purpose; Definition. 55.06.020 Nomination. 55.06.030 Review Process. 55.06.040 Protection of Heritage Trees. 55.06.050 Recognition of Heritage Trees. 55.06.060 Removal of Heritage Tree Designation. Section 55.06.010 Purpose: Definition. 1. The purpose of LOC Article 55.06 is to recognize, foster appreciation and provide for voluntary protection of Heritage Trees. 2. For the purpose of this Article, a "Heritage Tree is a tree or stand of trees that is of landmark importance due to age, size, species, horticultural quality or historic importance. (Ord. No. 2159, Enacted, 11/04/97) Section 55.06.020 Nomination. 1. Any person may nominate a particular tree or trees as a Heritage Tree. If the proposed Heritage Tree is located on property other than City property or public right-of-way under City or County jurisdiction, the nomination shall be submitted by the property owner or accompanied by the property owner's written consent. If the proposed Heritage Tree is located on City property or public right-of-way under City or County jurisdiction, the nomination shall be submitted to the City Arborist or County Administrator, as appropriate; if the nomination is consented to by the City or County, the City Arborist or County Administrator shall submit the nomination to the Natural Resources Advisory Board (NRAB) pursuant to LOC 55.06.030. 2. Nomination shall be made on such form as required by the City Manager. The nomination form shall include a narrative explaining why the tree qualifies for Heritage Tree status pursuant to the description in LOC 55.06.010 and the written consent of the property owner as described in subsection 1 of this section. (Ord. No. 2159, Enacted, 11/04/97) (Ord. 2289,Amended,06/05/2001) Page 16 Section 55.06.030 Review Process. 1. The NRAB shall review all Heritage Tree nominations at a public meeting. Notice of the meeting shall be provided to the nominating applicant, the property owner(unless the nominated tree is located on public right-of-way under City or County jurisdiction, in which event notice shall be given to the respective City Arborist or County Administrator) and the chair of any recognized neighborhood association in which the tree is located. 2. The City Arborist shall prepare a report for the NRAB analyzing whether the tree complies with the requirements for designation. 3. After considering the City Arborist's report and any testimony by interested persons, the NRAB shall vote on the nomination. The NRAB may designate a tree as a Heritage Tree if the Board determines that the following criteria are met: a. The tree or stand of trees is of landmark importance due to age, size, species, horticultural quality or historic importance. b. The tree is not irreparably damaged, diseased, hazardous or unsafe, or the applicant is willing to have the tree treated by an arborist and the treatment will alleviate the damage, disease or hazard. 4. Following approval of the nomination by the NRAB: a. If the tree is located on private property, the designation shall be complete upon the property owner's execution of a covenant running with the land suitable for recordation by the City. The covenant shall describe the subject property, generally describe the location of the heritage tree, and covenant that the tree is protected as a "Heritage Tree" by the City of Lake Oswego and is therefore subject to special protection as provided in LOC Chapter 55. b. If the tree is located on public right-of-way, the designation shall be complete upon the Staff's listing of the tree on the City Heritage Tree records. 5. If the tree is located on the public right-of-way, the City or County, as appropriate, shall condition any future property owner-requested vacation of the public right-of-way upon the execution of a covenant in accordance with Section 4 above, which shall be recorded by the City upon the vacation of the right-of-way. (Ord. No. 2159, Enacted, 11/04/97) (Ord. 2289,Amended 06/05/2001) Section 55.06.040 Protection of Heritage Trees. 1. Unless the tree qualifies for a dead or hazard tree removal permit, a permit to remove a designated Heritage Tree shall be processed as a Type II Tree Removal Permit subject to the criteria contained in LOC 55.02.080, as modified by subsection 2 of this section. 2. If an application to remove a Heritage Tree is sought pursuant to LOC 55.02.042 the applicant shall demonstrate that the burden imposed on the property owner, or, if the tree is located within the public right-of-way under City or County jurisdiction, then the burden imposed on the respective City or County by the continued presence of the tree outweighs the public benefit provided by the tree in order to comply with LOC 55.02.080(3). For the purposes of making this determination, the following shall not be Page 17 considered unreasonable burdens on the property owner, or if appropriate, the City or County: a. View obstruction; b. Routine pruning, leaf raking and other maintenance activities; and c. Infrastructure impacts or tree hazards that can be controlled or avoided by appropriate pruning or maintenance. 3. Unless the permit is to remove a dead or hazard tree pursuant to LOC 55.02.042(3) or(4), the applicant to remove a heritage tree shall be required to mitigate for the loss of the tree pursuant to LOC 55.02.084. 4. Any person who removes a Heritage Tree in violation of Article 55.06 shall be subject to the penalties provided in LOC 55.02.130. In addition, the violator shall be subject to double the enforcement fee established pursuant to LOC 55.02.130(3). (Ord. No. 2159, Enacted, 11/04/97) (Ord. 2289,Amended,06/05/2001; Ord. 2260,Amended,09/05/2000) Section 55.06.050 Recognition of Heritage Trees. 1. A Heritage Tree plaque shall be designed and may be furnished by the City to the property owner, or if the tree is in the public right-of-way, to the appropriate City or County official. The City may charge a fee to cover the costs of providing the plaque. The plaque shall be posted near the tree and, if feasible, visible from a public right-of-way. 2. The Planning Department shall maintain a list and map of designated Heritage Trees. (Ord. No. 2159, Enacted, 11/04/97) (Ord. 2289,Amended,06/05/2001) Section 55.06.060 Removal of Heritage Tree Designation. A Heritage Tree shall be removed from designation if it dies or is removed pursuant to LOC 55.06.040. If removed from private property, the City shall record a document extinguishing the covenant. (Ord. No. 2159, Enacted, 11/04/97) (Ord. 2289,Amended,06/05/2001) Page 18 Article 55.08 Tree Protection Sections: 55.08.010 Applicability. 55.08.020 Tree Protection Plan Required. 55.08.030 Tree Protection Measures Required. 55.08.040 Inspection. Section 55.08010 Applicability This article is applicable to any ministerial, minor, or major development. (Ord. 2221,Add,01/18/2000) Section 55.08.020 Tree Protection Plan Required. 1. A Tree Protection Plan approved by the City Manager shall be required prior to conducting any development activities including, but not limited to clearing, grading, excavation, or demolition work on a property or site, which requires ministerial, minor, or major development approval. 2. In order to obtain approval of a Tree Protection Plan;, an applicant ll submit a plan to the City which clearly depicts all trees to be preserved on the site. The plan must be drawn to scale and include the following: a. Location, species, and diameter of each tree on site and within 15 feet on all ad4nt properties:a,l:iace-v0-- 4-0 spy-- 4 1j . b. Location of existing and proposed roads, water, sanitary and storm sewer, irrigation, and other utility lines/facilities and easements; c. Location of dry wells and soakage trenches; d. Location of proposed and existing structures; e. Grade change or cut and fill during or after construction; f. Existing and proposed impervious surfaces; g. Identification of a contact person and/or arborist who will be responsible for implementing and maintaining the approved tree protection plan; and h. Location and type of tree protection measures to be installed per LOC 55.08.030. 3. For minor or major development, the Tree Preservation Protection Plan shall be prepared by an arborist and shall include an inventory of all trees site, their health or hazard condition, and recommendations for treatment for each tree. Page 19 Section 55.08.025 Determination of Tree and Root Protection Zone 1. An applicant for a ministerial, minor or major development permit shall include on the permit application materials the tree and root protection zone approved by the City Arborist for each tree on the site within the area that may be affected by the development, and the related development activities. 2. The tree and root protection zone for a tree shall be 10 times the tree's DBH, measured from the face of the trunk of the tree in all directions, unless modified by the City Arborist. A larger or smaller tree and root protection zone may be established by the City Arborist for a tree based on the site, tree, and root conditions, by a showing that a different tree and root protection zone is necessary to protect the tree and its roots from damage resulting from the development or the related development activities which could cause the decline of or injure the tree or its roots. 3. The City Arborist may require submission by the Owner of such evidence as may be necessary to assist in the determination of the appropriate tree and root protection zone, including an arborist's report. The City ^rberist may additionally require one o ore o -site i is the development to t-o asc�e si r Q reet-con 4. The City Arborist may amend the tree and root protection zone at any time until completion of the development upon notice to the applicant, upon a finding that either the original determination of the tree and root protection zone was based on incorrect actual site, tree, or root conditions at the time of initial determination of the tree and root protection zone, or that a change of circumstance has occurred on the site such that a modified tree and root protection zone is necessary to protect the tree and its roots from damage resulting from the development or the related development activities which could cause the decline of or injure the tree or its roots. After receipt of notice of the amended tree and root protection zone, the applicant shall cause the tree and protection zone to be modified before continuing with development activities. An applicant may appeal the amended tree and root protection zone determination in the same manner as provided in subsection 5, and the appeal hearing shall be conducted in the same mannci as subsections 6 through 7 above. 5. An applicant may appeal the City Arborist's determination of the tree and root protection zone to the Community Forestry Commission (CFC)by filing a written notice of appeal with the City Recorder within 7 days from the date of the City Arborist's determination of the tree and root protection zone, and payment of such fee as established by resolution of the City Council. 6.5. Notice of the public hearing shall be given to the applicant and to the City Arborist not less than 10 days in advance of the public hearing by the CFC. 7.f.The CFC shall consider the appeal at a public hearing. The CFC shall hear testimony from the applicant and any witnesses in support of the applicant, from the City Arborist and any witnesses in support of the City Arborist, and then rebuttal by the applicant and any witnesses in support of the applicant. The CFC shall determine, based on the evidence and testimony in the record, the appropriate tree and root protection zone necessary to protect the tree and its roots from damage resulting from the development or Page 20 the related development activities which could cause the decline of or injure the tree or its roots. T-rhe decisie f th CFC h 11 be-ti a fin l decision of the rite 7. The City Arborist may amend the tree and root protection zone at any time zone-te-be med-ified-before-eomin-u-ing-r h development aeti-vi ies. subsections 5 through 6 above Section 55.08.030 Tree Protection Measures Required 1. Except as otherwise determined by the City Manager, all required tree protection measures set forth in this section shall be instituted prior to any development activities including, but not limited to, clearing, grading, excavation or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation. 2. Chain link fencing, a minimum of 6 feet tall with steel posts driven into the ground for a minimum of two feet, placed no farther than ten feet apart, shall be installed at the edge of the tree protection zone, as determined by the City Manager, and at the boundary of any open space tracts or conservation easements that abut the parcel being developed. 3. The fencing shall be flush with the initial undisturbed grade. 4. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the City Manager and arborist for the project. 5. No construction activity shall occur within the tree protection zone including, but not limited to, dumping or storage of materials such as building supplies, soil, waste items, or parked vehicles or equipment. 6. The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, and concrete or dry wall excess, construction debris, or run-off. 7. No excavation, trenching, grading, root pruning or other activity shall occur within the tree protection zone unless directed by an arborist present on site and approved by the City Manager. 8. Stake construction footprints, including structures, decks and driveways prior to tree protection inspection, may be required. 9. Building permits will not be issued prior to submission and approval of a tree removal plan or tree protection inspection and approval. 10. Tree protection measures shall not be removed before completion of the project. Page 21 11. Owner may be required to cover with course organic mulch to a depth of at least 6-inches or with plywood or similar material the areas adjoining the tree and root protective zone of a tree in order to protect roots from damage caused by heavy equipment. 12. Owner may be required to minimize root damage by excavating a 2-foot deep trench, at the edge of the tree and root protective zone to cleanly sever the roots of trees to be retained. 13. Owner shall avoid damage to trees resulting from machinery or building activity by corrective pruning performed on protected trees, or other means as required by the City Arborist. Owner shall maintain trees throughout construction period by watering and fertilizing. 14. Owner shall ensure that any landscaping done in the tree and root protective zone subsequent to the removal of the fencing shall be accomplished with light machinery or hand labor, as not to negatively to minimize impact the tree and its roots. 15. Additional protection measures are outlined in the Tree Technical Manual. Section 55.08.040 Inspection. The applicant shall not proceed with any construction activity, except installation of erosion control measures, until the City has inspected and approved the installation of the required tree protection measures and a building and/or grading permit has been issued by the City. Page 22 50A'17 0t.-4 D AFT01/92/A2. DD 1 ORDINANCE No XXXX AN-ORDINANCE-OF-THE-GITN—COUNCI-L-O-F—T-RE-C-ITY- 'OVI ,41(vE-OS-WEGO AMENDING CH A DTL`D 55 /TREES\ OF TH CITY CODE 4 Section 2 A.tide 55.0' � ram- t ( 4 c\e ail-1 47 Section 2 Section GG.0 '- 1 k I 5-5A1U14-0-Purpese 'R`4)\C/i4- - Wc < c4i�-- (i " . . - D ecs Articles: 55.02 Tree Removal. 55.06 Heritage Trees. 55.08 Tree Protection. Article 55.02 Tree Removal. Sections: 55.02.010 Purpose. 55.02.020 Definitions. Paue 1 Ordinance No. XXXX Page 1 of 14 DRAFT 01i2 /03; BP 55.02.030 Prohibited Activities. 55.02.035 Tree Removal in Conjunction with Major or Minor Development Permit. 50.02.036 Protected Native Tree Species 50.02.037 Tree Technical Manual (Ord. No. 1429, See. 1; 05 18 71.55.02.040 Repealed. Ord. No. 2059, S 1; 06 16 92, Ord. No, 2097, mended, 12 2n 94)06- 16-92. .55.02.041 Repealed. Ord. No. 2221, 01-18-00. 55.02.042 Permit Classifications and Review Procedures. 55.02.045 Repealed. Ord. No. 2221, 01-18-00. 55.02.050 Application for Permits. 55.02.060 Fees. 55.02.061 Repealed. Ord. No. 2097, 12-20-94. 55.02.065 Repealed. Ord. No. 2221, 01-18-00. 55.02.067 Repealed. Ord. No. 2097, 12-20-94. 55.02.070 Repealed. Ord. No. 2059, 06-16-92. 55.02.071 Repealed. Ord. No. 2097, 12-20-94. 55.02.075 Repealed. Ord. No. 2221, 01-18-00. 55.02.080 Criteria for Issuance of Type II Tree Removal Permits. 55.02.082 Staff Decision and Notice Requirements for Type II Permits. 55.02.084 Mitigation Required. 55.02.085 Request for Public Hearing on a Type II Tree Removal Permit. 55.02.090 Repealed. Ord. No. 1807; 09-15-81. 55.02.092 Expiration of Tree Removal Permits. 55.02.094 Conditions of Approval for Tree Removal Permits. 55.02.100 Repealed. Ord. No. 1807, 09-15-81. 55.02.110 Repealed. Ord. No. 1807, 09-15-81. 55.02.120 Repealed. Ord. No. 1807, 09-15-81. 55.02.125 Evidence of Violation. 55.02.130 Penalties. 55.02.135 Repealed. Ord. No. 2221, 01-18-00. Section 55.02.010 Purpose Residents of Lake Oswego live within an urban forest environment. The purpose of this chapter is to protect,preserve and promote this natural resource within the City's Page 2 Ordinance Ne XXXX Page 1 of 14 DRAFT n1 23/n2. BP neighborhoods by regulating the removal of trees and prescribing preventive protection measures to avoid damage to trees during site development in order to retain the aesthetic wooded character of the City of Lake Oswego. Extra consideration will be given to preserving and protecting native species. Section 55.02.020 Definitions Arborist meansArborist - a person who has met the criteria for certification from the International Society of Arboriculture and maintains his or her accreditation. Caliper inch refers to a f'expressin.. the diameter : ches f'a tree ealiper-inehes, City Arborist-International Society of Arborists (ISA) certified arborist(s) designated by the City Manager responsible for performance of the duties assigned to the City Arborist under this Code and the Tree Technical Manual. ity Manager - means the City Manager or the--City Auger's designee any officer or employee of the City of Lake Oswego. Dead TreeDead Tree - means a tree is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage, brittle dry branches, or lack of any growth during the growing season. Diameter at breast height or DBH means the diameter of the trunk, at its Person means any individual or legal entity. Removal means to cut down a--tree-orremeve_ell or 50 e of rth crown, > > > > yard of such a unit. Topping means the severe cutting back of a tree's limbs to stubs 3 inches or Page 3 Ordinance No XXXX Page 1 of 14 DRAFT 01 i23/n3. BP considered one tree. For the purposes of this Chapter, English laurel, photinia, Tree Cutting Permit means written authorization from the City for a tree removal .da ith thi chapter Tree Protection Zone means the area reserved around a tree or group of trees in conditions. (Ord. No. 1429, Sec. 1; 05 18 71. Ord. No. 1631, Sec. 1; 07 20 76. Ord. No. 2059, Sec. 1; 06 16 92. Ord. No. 2097, Amended, 12 20 94) 55 02 13n Prohibited 4 ctivities 7 No p shall top a tree. ithout first obtain; a topping p rmit Deciduous Tree—Tree that naturally loses foliage in the fall. Development—Any human change to improved or unimproved real property,, including, but not limited to, construction, installation or alteration of a building or other structure, change or use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil, paving, dredging, filling, excavation, drilling or removal of trees. DBH — Diameter at Breast Height—defined as the measurement of a tree's diameter at 4.5 feet or 54 inches above ground level. The Tree Technical Manual should be followed to measure trees that do not have a straight trunk or are located on a slope. Diameter Inch - refers to a manner of expressing tree size as calculated by measuring the tree's circumference and dividing by Pi (3.14). . Erosion— Detachment and movement of soil, rock fragments, mulch, fill or sediment. Fruit Tree— Edible or ornamental variety of stone-fruit or pome-producing trees. Hazard Tree—Any tree with a structural defect and/or disease which makes it subject to a high probability of failure, and threatens persons or property, including other trees, in the event of failure. Removal - means to cut down, damage, and cause to become unstable or to remove enough of the crown, trunk, or root system of a tree ,or to damage a tree so as to cause the tree to decline and/or die or become hazardous. "Removal" includes but is not limited to topping, damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling or unapproved alteration of natural physical conditions. Single Family Dwelling- for the purpose of this chapter means any of the following: a detached home, a townhouse or row house, a zero lot line dwelling, duplex Page 4 Ordinance No XXXX Page 1 of 14 DRAFT 01/73/03; BP unit, or a condominium unit where the tree-removal permit relates to a tree located in the private yard of such a unit. Soil Stability—Ability of soil to remain in its current location. Surface Waters— Storm water, groundwater, or other retained water that stands or flows on the ground surface Topping- a pruningpractice that results in removal of terminal growth leaving a stub cut end. Tree - means any woody plant having a trunk six inches or larger in DBH. If a tree visibly forks into multiple trunks below 4.5 feet,the trunk is measured at its most narrow point beneath the fork(s), and is considered one tree. For the purposes of this section, a tree is considered to fork where multiple trunks are physically separated to the degree that light passes between them. English laurel (Prunus laurocerasus),photinia (All Photinia), arborvitae (Thuja orientalis), holly(All Ilex), Portuguese laurel (Prunus lusitanica), poison oak(Rhus diversiloba), and English ivy(Hedera helix) shall not be considered a tree. Tree Removal Permit- means written authorization from the City for a tree removal to proceed as described in an application, such authorization having been given in accordance with this chapter. Tree Technical Manual—A regulatory document containing specialized, arboricultural reference materials, maintained and updated by the City Arborist with the approval of the City Manager, on file with the Planning Division to be used in the application of Chapter 55. Section 55.02.030 Prohibited Activities 1. No person shall remove, cause, or direct the removal of a tree without first obtaining a tree removal permit from the City pursuant to this Chapter. 2. No person, including a utility or public agency, shall top a tree without first obtaining a topping permit from the City pursuant to this Chapter. 3. 3. No person who is required to install or maintain tree protection measures per LOC 55.08 shall do any development activities including,but not limited to clearing, grading, excavation or demolition work on a property or site which requires ministerial,minor or major development approval without approved tree protection measures properly installed and maintained pursuant to this Chapter. (Ord. No. 1429, Sec. 1; 05 18 71. Ord. No. 2059, Sec. 1; 06 16 92. Ord. No. 2097, Section 55.02.035 Tree Removal in conjunction with Major or Minor Development Permit. —1-1_If a Major or Minor Development Permit applied for pursuant to LOC Chapter 50774 would require or result in tree removal and/or a tree euttingremoval permit as defined in this Chapter, compliance with LOC 5-5,02 80 ha1155.02.082 shall be a Page 5 DRAFT 01/23/03; uP criterion of approval of such development permit. Tree removals in conjunction with a Major or Minor Development Permit shall be considered in conjunction with such permit and shall be subject to the application, notice, hearing and appeal procedures applicable to the proposed Major or Minor Development pursuant to LOC Chapter 50.82 and 50.84. The required Notice for Major or Minor Developments that would require or result in tree removals shall include a site plan indicating the location of anyall trees. The trees proposed for removal en-the-subjec- site. The proposed trees rhllshall be indicated on the site plan and also be flagged with yellow flagging tape on site. Such flagging shall be maintained until a final decision on the proposal is rendered. The remaining; notice, hearing and appeal procedures in Chapter 55 shall not apply to tree removals considered in conjunction with a Major or Minor Development request. Subsequent tree removals that have not been reviewed through either Major or Minor Development procedures shall be reviewed as provided in this Gliaptef_- chapter. The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC 55.02.084. Such mitigation requirements shall be a condition of approval of the original development permit chapte. The Cit., shall re a the a plicant to mitigate f r the ro al of each t.-ee 2 2.2Once a final decision has been rendered on the Major or Minor Development Permit, trees that have been approved for removal as part of that decision shall be subject to the i ermitVerification Permit process. Applications for ~. ationsVerification Permits shall be made on the application forms as prescribed by the City Manager and be accompanied by an application fee as established by resolution of the City Council. The purpose of the verification process is to ensure that the trees approved for removal are properly identified for removal in the field and that the trees that were not approved for removal are not inadvertently removed. Removal of trees in violation of such land use approval will be considered a violation of this Chapter. The criteria contained in LOC eutting55.02.082 shall not apply to Verification removal permits. (Ord. No. 2097, Enacted, 12 20 94) Section Section S 02 042 is hereb y a nd„d to r ad .,s follows Page 6 Ordinance No XXXX Page 1 of 14 DRAFT L11/23/03; BP 7 1. TYPE I PERMIT is required for: a. A property that is located in a residential zone and is occupied by a single b. Removal of up to two trees, 10 inch caliper or less per tree at DBH within a calendar-dear;and c. A tree that is not: ii. Located within an area or parcel that has been placed on the Historic iii. A Heritage Tree per LOC 55.06; iv. Located within an RC or RP sensitive land overlay district; i o .,ted . ithin the Willamette Diver Greenwa .!\ RG) � erlay district• vi. Located within the 25 foot Oswego Lake Special Setback; vii. Located on property owned by the City of Lake Oswego or dedicated to cludin,. ..arks o o .tea „„1. lie ghts of.. T. 0 I 0 its shall be ued ithout fu..the oe i pli at:vir ui d nna this subsection. 2. TYPE II PERMIT: 3. DEAD TREE REMOVAL PERMIT: waFFartts-remove4, b. In order to provide for wildlife habitat and natural processes, the City 4. HAZARD TREE REMOVAL PERMIT: The City shall issue a tree cutting removal. Page 7 Ordinance No. XXXX Page 1 of 14 DRAFT 01 i23/03; BP by the City. 5. EMERGENCY PERMIT: a. If the condition of a tree presents an immediate danger of collapse, and stibseet-ie ,, mediate-danger of collapse" a that the treo already to with R�_ 1. b. Emergency tree cutting permits must be approved fa tree proposed to be removed has been specifically required to be preserved or protected as a condition of approval of a land use action pursuant to the Lake Oswego Community Development Code, the tree removal application shall be processed as a modification to that land use action and shall be reviewed subject to the criteria of LOC 55.02.082 by the body responsible for reviewing such land use actions. Such modification procedure shall not be required in cases of an emergency tree removal as provided in LOC 55.02.042(3), when the tree is dead as provided in LOC 55.02.082(1), or a hazard as provided in LOC 55.02.082(2). 2. The City may impose conditions of approval on any tree removal permit if the condition is reasonably related to preventing, eliminating or mitigating a negative impact or potential impact on natural features or processes or on the built environment of the neighborhood which is created or contributed to by the approved tree removal. Conditions of approval may include, but are not limited to: a. Leaving a stump instead of grinding or fully removing a stump; b. Requiring modifications in the location, design or intensity of a development or activities on a site or to require or prohibit certain construction methods; such as grade beam foundations and bridging of driveways and sidewalks over roots. c. Requiring vegetation not requiring a tree removal permit to remain in place or be planted; d. Requiring the removal of injurious vegetation from other trees and surrounding area on the property, such as: Scientific Name Common Name Clematis vitalba Traveler's joy Hedera helix English ivy Ipomoea convolvulaceae Morning glory Rubus discolor Himalayan Blackberry Rhus diversiloba Poison Oak Page 8 Ordinance No XXXX Page 1 of 14 D A FT n I -3,103; B P Section 55.02.036 Protected Native Tree Species The following protected natives trees, if at least six inches in size, can only be removed through the Type II removal process, unless the trees are dead or a hazard: Protected Native Tree Species List Abies grandis grand fir Amelanchier alnifolia western serviceberry Arbutus menziesii madrone Cornus nutallii pacific dogwood Pinus ponderosa ponderosa pine Pseudotsuga menziesii Douglas-fir Ouercus garryana Oregon white oak Rhamnus purshiana cascara Taxus brevifolia western yew Thuja plicata western red cedar Tsuga heterophylla western hemlock Section 55.02.037 Tree Technical Manual The City Manager may adopt a Tree Technical Manual, and revise its contents from time to time. The Tree Technical Manual shall contain specialized, arboricultural reference materials; establish procedures required for installation, planting,pruning, thinning, removal, and maintenance of trees; and, establish or preserve the tree and root protection zone. Any person who is required under this Code or pursuant to a condition of approval of a development permit to undertake such activities or to comply with the tree and root protection zone shall comply with the requirements and procedures set forth in the Tree Technical Manual. Section 55.02.042 Permit Classifications and Review Procedures. A person who desires to remove a tree shall first apply for and receive one of the following tree removal permits before tree removal occurs: 1. TYPE I REMOVAL PERMIT is required for: a. Removal of up to two trees, 12-inch DBH or less per tree within a calendar year, located on property that is in a residential zone and is occupied by a single family dwelling, and the tree(s) is/are not: i. Protected by a condition of approval of a development permit pursuant to the Lake Oswego Community Development Codes; ii. Located within an area or parcel that has been placed on the Historic Landmark Designation List pursuant to LOC Chapter 58; iii. A Heritage Tree per LOC 55.06; iv. Located within a Resource Conservation (RC) or Resource Protection (RP) sensitive land overlay district; Page 9 Ordinance No XXXX Page 1 of 14 DRAFT 01 i23 in3. BP v. Located within the Willamette River Greenway (WRG) overlay district; vi. Located within the 25-foot Oswego Lake Special Setback; vii. Located on property owned by the City of Lake Oswego or dedicated to the public, including parks, open spaces and public rights-of-way. viii. on the protected native species list set forth in LOC 55.02.036 and has a 6" DBH or greater; or b. Any size and number of willow family, (including cottonwood and poplar), fruit or non-native hawthorn trees. c. Any tree not meeting Type I criteria shall be subject to requirements of LOC 55.02.042 (2) or(3) or(4) or(5) or(6) or(7). Type I Permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a Type I Permit pursuant to this subsection. 2. TYPE II REMOVAL PERMIT: a. A Type II permit is required prior to any tree removal application that does not qualify as a Type I Permit, Dead Tree Removal Permit, Hazard Tree Removal Permit, Emergency Permit, Verification Permit, or Topping Permit as described in this section. b. Type II Permits shall be reviewed and approved by the City Manager pursuant to LOC 55.02.042 (2)(D) and 55.02.082. c. Criteria for Issuance of Type II Tree Removal Permits. Except for removal of trees within a sensitive lands area which must address additional criteria contained in Sensitive Land Overlay District (LOC 50.16.005-50.16.110), an applicant for a Type II tree-removal permit shall demonstrate that the following criteria are satisfied: i. Removal of the tree is not for providing or enhancement of views. ii. Removal of the tree will not have a significant negative impact on soil stability, flow of surface waters or wind,protection of other trees or existing wind-buffering trees; iii. Removal of the tree will not have a significant negative impact on the character, aesthetics, or property values of the neighborhood. The City may grant an exception to this criterion when alternatives to the tree removal have been considered and either no reasonable alternative exists to allow the property to be used as permitted in the zone or the City Engineer determines that the tree presents a public safety hazard in the public's use of a public right-of-way. In making this determination, the City may consider alternative site plans for placement of structures or other developments that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of the Lake Oswego Code; d. The City may require the applicant to mitigate for the removal of each tree pursuant to LOC 55.02.084. Such mitigation requirements shall be a condition of approval of the permit. In circumstances where trees are removed for Page 10 Ordinance No. XXXX Page 1 of 14 DRAFT AZ,01 N2/ BD f the better arboricultural interests of the remaining trees as determined by the City Arborists, no mitigation will be required. 3. DEAD TREE REMOVAL PERMIT: a. The City shall issue a tree removal permit for a dead tree, except as provided by subsection (b) of this section, if the applicant demonstrates that a tree is dead and removal of the tree will not have a significant negative impact on soil stability or flow of surface waters. b. In order to provide for wildlife habitat and natural processes, the City Manager may require the retention of a dead tree. Dead trees shall not be removed if located in wetlands, Resource Conservations (RC) Protection Areas (LOC 50.16.055), stream corridors, parks or open space areas required to be preserved as a condition of development approval, unless the tree presents a hazard to persons or property. c. A utility or public agency may be issued a revocable dead tree removal permit for 1 (one) year for the purpose of pruning trees and public safety issues adjacent to utility poles within the public right-of-way. If under this permit, the utility or public agency removes trees that are not dead, or if dead, their removal is not required for the purpose of thinning and public safety issue, the utility or public agency shall be liable for penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084, and the City Manager shall revoke the permit. 4. HAZARD TREE REMOVAL PERMIT: The City shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard, and the hazard cannot be alleviated by pruning or treatment. Cross-Reference: See LOC 55.020.04450 for requirement for arborist's report in application 5. EMERGENCY TREE REMOVAL PERMIT: a. If the condition of a tree presents an immediate danger of collapse, and represents a clear and present hazard to persons or property, an emergency tree removal permit may be issued and the payment of a fee may be waived. For the purposes of this subsection, "immediate danger of collapse" means that the tree is already leaning, with the surrounding soil heaving, or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the hazard tree removal permit process. "Immediate danger of collapse"does not include hazardous conditions that can be alleviated by pruning or treatment. b. Emergency tree removal permits must be approved by the City Manager. If an emergency situation arises at a time when the City Manager is unavailable, and such emergency creates a significant likelihood that the tree will topple or otherwise fail before such official becomes available, the owner of the pfaet-ical-and t, a tate the ddre� h f@aSA#�&lj , �6 th�Gi�F�A��@-f3�k3�vci--cni�.rccrc�craa—avarc�;riirrcit, owner'stree shall, if practical and reasonable, first notify the City and state the address where the tree is being removed, the company performing the removal, along with the property owner's name, address, and telephone number. The owner shall photograph the Page 11 Ordinance No. XXXX Page 1 of 14 DDAFT01/12/$3. RP tree showing emergency conditions and then may proceed with removal of the tree to the extent necessary to avoid the immediate hazard. Within seven days of such removal, the owner of the tree shall apply for a retroactive emergency tre L. it ith the pli et: ide a t„ de strate the et.. o f the tree c. The city may require the application to hire an arborist to review removal . permit. e c. If the evidence shows that the tree did not satisfy the emergency tree removal standards set forth in this ehapter,subsection,the application shall be denied and the owner of the tree shall be subject to penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084. Cross-Reference: See LOC 55.020.04450 for requirement for evidence of emergency and arborist report in application. 6. 6. VERIFICATION PERMIT: a. a. If a site has received development approval through a Major or Minor Development Process, then a Verification Permit shall be issued for those trees approved for removal through that process. b. To obtain a verifieation-petniit,Verification Permit,an applicant must clearly identify in the field the trees to be removed by tying yellow taggingthgging tape around each tree and submitting a site plan indicating trees. their location. The City Manager may require the building footprint of the development to be staked to allow foraccumte verification of the permit application. The City Manager will then verify that therequested trees designated for removal match the site plan approved through the Major or Minor Development Process. The- hall developmentpen:nit c. b. Any tree not approved for removal through the original Major or Minor Development review process shall not be approved as part of the verification permit process, unless the subject tree is located within an approved building footprint,public/private utility or improvement area, and no feasible alternative exists to preserve the tree. In such cases, the City may allow the tree to be removed without a Type II tree enningremoval permit process; however, the mitigation requirements of LOC 55.02.084 shall still apply. d. c. Verification permits shall be issued upon section. Verification permits shall not be issued prior to the issuance of a building permit for the subject property without prior authorization by the City Manager. 7. STOPPING PERMIT: a. a. A topping permit may be issued only if the-following apply: Page 12 Page-1-4-14 DRAFT 01/23/03; BP 1 i. The applicant is any person, including a utility or public agency ii. i. A utility, public agency, or The proposed topping is in furtherance of public safety, ferester-repef4-establisbing-a-niethedelegy-fer-tepping-ift-eemplienee-wiTh-this subseetion.to improve the condition of the tree, or remove dead wood; and iii. ii. Trees under utility wires may be topped only where other pruning practices are impractical. iv. A utility or public agency may be issued a revocable topping permit for 1 (one) year for the purpose of topping and thinning trees adjacent to utility poles within the public right-of-way. If under this permit, the utility or public agency tops trees that do not meet the criteria of subsection (ii) above, the utility or public agency shall be liable for penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084, and the City Manager shall revoke the permit. b. b. The City, in granting approval for tree removal in an open space or undeveloped area, may allow a tree to be topped to a designated height in order to maintain a"snag" for wildlife habitat. c. c. A tree cutting permit obtained forA tree removal permit shall not authorize topping unless said tree cutt-ingremoval permit specifically authorizes such action. (Ord. No. 2097, Enacted, 12/20/94) p e ke-propery; b. The anticipated date of removal; c. A statement of the reason for removal; d. e. Any other information reasonably required by the City.Fruit trees are excluded from topping regulations. Cross-Reference: See LOC 55.020.04550 for requirement for arborist report in application. Section 55.02.050 Application for Permits 1. An application for a Tree Removal Permit shall be made on such forms and contain such information as the City Manager may require. Page 13 Ordinance No XXXX DRAFT 111/23/03. QP 2. The applicant shall have the burden of proving that-his-Or-lief-the application complies with the criteria for approval of the applicable class of permit. 3. In considering the application, the City Manager may require on-site inspection to verify the information submitted and to assist in determining whether the tree removal criteria are met. 3-4. Misrepresentation of any fact necessary for the City'sCity's determination for granting a tree euttingremoval permit shall invalidate the permit. The City may at any time, including after a removal has occurred, independently verify facts related to a tree removal request and, if found to be false or misleading, may invalidate the permit and process the removal as a violation. Such misrepresentation may relate to matters including, without limitation, tree size, location, health or hazard condition, and ewner'sowner's authorized signature. (Ord. No. 1429, Sec. 1, 05 18 71. Ord. No. 1631, Sec. 2; 07 20 76. Ord. No. 2059, Sec. 1; 06 16 92. Ord. No. 2097, Amended, 12/20/94) (Ord. No. 1429, Sec. 1; 05 18 71. Ord. No. 2059, Sec. 1; 06 16 92.) , , 5. The City shall require the applicant to mitigate for the removal of each tree Page 14 Ordinance N XXXX Page 1 of 14 DRAFT 01/23/03. 0 (Ord. No. 2097, Amended, 12120/94) 55 02 082 Staff Deeisio„ and Notice Requirements fer Type ii Permit% 1. An applicant for a Type II tree cutting permit shall: a. Complete a written notice form to be mailed by the City via regular e el ite b. Complete a written certification that the property will be posted c. Within 24 hours of applying for a tree cutting permit, post a public d. Mark each tree proposed to be removed by tying or attaching a e. Maintain the posting and marking for fourteen consecutive days. , city staff shell aL to„tat: de the it shall de the :t 2 I f a ... it s tentatively ., ed staff shall edi tely „ost a ellow the-hearing-purst 6--1 55.02 08 „t shall m „tai„ the „osti„g of this hearing-is—receivedmeeting-the requ-ireme„ts of• r OC 55-0 3, „l of 4. If the applicant appeals the denial of a permit, or appeals condition) With the a ptio of dead trees hazard tees a„d trees that a e 10 ch less :e , Page 15 Ordinance N XXXX Page 1 of 14 DRAFT 01/'12/03; i2 P 1. Replanting on site. The applicant shall plant either a minimum 2 inch caliper deciduous tree or a 6 8 foot tall evergreen tree for each tree removed. The tree tall be „lanted rdi g to tho ifcat: the City Tr Plant: .,,a Ma nto e 2. Replanting off site. If in the City's determination there is insufficient 5. In the event that a permit is issued, and the applicant revises the site plan;, the applicant must submit a revised plan to the City Manager for review and approval prior to removing any trees on the site. If the tree(s) is removed before a revised plan is submitted and approved by the City Manager, the applicant shall mitigate for the loss of the tree(s) by planting the same species with a total diameter inch as what was removed or pay into the tree fund the value of the removed tree(s). Section 55.02.060 Fees An application for a tree removal permit shall be accompanied by a filing fee as established by resolution of the City Council. Section 55.02.082 Staff Decision and Notice Requirements for Type II Permits. I. An applicant for a Type II tree removal permit shall: a. Complete a written notice form to be mailed by the City via regular mail to property owners within 100 feet of the property, and to the chair of any recognized neighborhood association whose boundaries include the proposed tree removal site. The mailing address for the owners shall be as on file with the county tax assessor; the mailing address for the chair of the neighborhood association shall be that mailing address on file with the City. b. Complete a written certification that the property will be posted and the trees will be marked pursuant to this section. c. Within 24 hours of applying for a tree removal permit, post a public notice sign of apending tree removal permit as provided by the City on the subject property in a location which is clearly visible and readable to public passing the property. The public notice sign shall state that a tree removal permit is pending for trees on the property marked byyellow plastic flagging tape, and the notice shall include a site plan, the date of posting, the reason for tree removal, that written comments may be submitted to the City Manager within 10 days from the date of posting, and the pending permit number as assigned by the City Manager. d. Mark each tree proposed to be removed by tying or attaching a yellow plastic flagging tape to the tree at 4.5 feet above mean ground level at the base of the trunk on the same day that the property is posted. e. Maintain the posting and marking for ten (10) consecutive days. Page 16 Ordinance N YVYY Page 1 of 14 DRAFT !11/23/03; RD 2. If written comments are received by the City Manager within the 10-day posting period,both the applicant and those persons submitting written comments will be notified by regular mail of the decision by the City Manager. If no mailing address is stated on the written comment, the person submitting the written comment shall be deemed to have waived the mailing of the decision to them. Persons submitting written comments who provided a mailing address and the applicant shall have seven calendar days from the date of the decision to request an appeal in writing to the City Recorder. The application will be held open during the appeal period. The applicant shall continue to post the public notice sign and keep a yellow flagging tape on the tree until a decision has been rendered on the tree removal application. 3. The City Manager will consider any comments on the pending permit that are received within 10 (ten) days of the date of posting. If the tree removal application is not challenged within the 10-day posting period, the City Manager will either approve or deny the application and notify the applicant of the decision. The City Manager shall, within one business day following the decision, mail notice of decision by regular mail to the applicant and persons who submitted written comment. 4. If the applicant or person who submitted written comment appeals the decision or the conditions imposed on a approved permit,pursuant to LOC 55.02.085, the City Manager shall in a timely manner post a sign stating that an appeal is pending, and the time and date of the appeal hearing. The applicant shall maintain the posting of this sign and the tree marking until the date of the hearing. 5. Failure to install or maintain the required notice and marking may result in denial or delay in issuance of the permit or revocation of an approved permit. Section 55.02.084 Mitigation Required The general mitigation requirement,when required, shall be satisfied as follows: 1. Replanting on site. If the City Arborist determines that there is sufficient space on the site to permit replanting, consistent with the future growth requirements of the other trees on the site, the applicant shall plant either: a. if a native tree was removed, a native tree from the City's Native Plant List which is a minimum 1-1/2 diameter inch for a deciduous tree or a minimum 6-8 foot tall (excluding the leader) for an evergreen tree, or b. a minimum 1-1/2 inch diameter deciduous tree or a 6-8 foot tall evergreen tree (excluding the leader) for each tree removed. The tree shall be planted according to the specifications in the Tree Technical Manual 2. Replanting off site. If in the City Arborist's determination there is insufficient space on the site to permit replanting, consistent with the future growth requirements of the other trees on the site, the replanting required in subsection(1) shall occur on other property in the applicant's ownership or control within the Of-dedicated ity, in an open space tract that is part of the same subdivision, or in a City-owned or dedicated open space or park, with a planting plan approved by the City Arborist. The City Arborist shall specify the species and the size of the mitigation trees under this section. Such mitigation planting is subject to the approval of the authorized Page 17 Page 1 of 14 DRAFT 01 23 03; uP property owners. If planting on E nedCity-owned or dedicated property, the City Arborist may specify the species and size of the tree. Nothing in this section shall be construed as an obligation of the City to allow trees to be planted onCity City-owned or dedicated property. 3. 3. Payment in lieu of planting. If in the City Arborist's determination no feasible alternative exists to plant the required mitigation trees, the applicant shall pay into the tree fund an amount as established by the resolution of the City Council. Section 55.02.085 Procedures for Hearings and Appeals. 1. 1. Any personAny person who submitted a written comment within the comment period may request a hearing on a Type II tree eattiftgremoval permit by filing a written Request for Hearing, along with the applicable hearing fee as established by resolution of the City Council with the City Recorder, within €ourteenseven days of the date of decision ested pursuant to LOC 55.02.082. Failure to file within the seven-day period shall preclude such a request. 2. 2. An applicant for a tree Butt removal permit may appeal denial of a permit or conditions imposed on an approved permit by filing a written notice of intent to appeal,along with the applicable filing fee as established by resolution of the City Council,with the City Recorder within€eurteeeseven days of the date of decision on the permit. 3. 3. Requests for hearing and appeals shall be heard by the Community Forestry Commission(CFC), which shall hold a public hearing on the request or appeal. The City Manager shall send written notice of the hearing to the applicant, the person requesting the hearing if different from the applicant, and to the recognized Neighborhood Association for the area in which the subject property is located. The written notice shall be sent at least ten days in advance of the hearing to all persons who filed written comments within the comment period. 4. 4. The CFC shall hear testimony from the applicant, followed by those persons who submitted comments in favor of the application, those persons who submitted comments opposed to the application(beginning with the person who requested the hearing if different from the applicant), and concluding with rebuttal by the applicant. Any person who submitted comments may testify before the CFC. Following the close of the public testimony, the CFC shall determine,based upon the evidence and testimony in the record, whether or not the application complies with the criteria contained in LOC 55.02.080. The findings, conclusions, and order shall contain the CFC'3CFC's reasons for approving,denying or modifying the permit. 5. 5. A decision of the CFC shall not become final for ten days from the date of adoption of written findings. Any person who appeared before the CFC either orally or in writing may appeal the decision of the CFC to the City Council by filing a written notice of intent to appeal, along with an appeal fee as established by Page 18 Page 1 of 14 DRAFT 01i23/03; Qo resolution of the Council, with the City Recorder within ten days of the date of adoption of the CFC'sCFC's written findings, conclusions and order. The findings, conclusions, and order and minutes of the CFC meeting, along with any written staff reports or testimony shall be forwarded to the City Council. Written notice of the appeal hearing shall be sent at least ten days in advance of the Council hearing to those persons who appeared before the CFC. The hearing before the City Council shall be on the record established before the CFC and only persons who appeared before the CFC orally or in writing may testify. The appellant shall testify first, followed by persons in favor of the appeal, persons in opposition to the appeal (beginning with the applicant if different from the appellant), and concluding with rebuttal by the appellant. The Council's hearing and decision shall otherwise comply with subsection 4 of this section. The decision of the Council shall be final. (Ord. No. 2097, Enacted, 12/20/94) 55.02.092 Expiration of Tree Cutting Section 55.02.092 Expiration of Tree Removal Permits. Al. Except as provided by subsection 2 below, a properly issued tree etitt-ingremoval permit shall remain valid for no more than 60 days from the date-of effective date of final decision by he City Manager, or if appealed, by a hearing body. A 60-day extension shall be automatically granted by the City Manager if requested in writing before the expiration of the permit. No additional extensions beyond the first extension shall be granted. Permits that have lapsed are deemed void. Trees removed after a tree removal permit has expired shall be considered a violation of this Chapter. a. Cutting a tree or stump flush with the grade instead of grinding or b. Requiring modifications in the location, design or intensity of a Page 19 Ordinance N,. XXXX Page 1 of 14 DRAFT 01 i22in3. un metlols12. Tree removal permits approved in conjunction with building permits will expire six months from the date of issuance of the building permit. Section 55.02.125 Evidence of Violation. c. Requiring vegetation not requiring al. A stump that is ten diameter inches or more for which no tree removal permit d. Requiring the removal of injurious vegetation (English Ivy) from Section 1 Section ee 02 25 is he „b y a „d„d to r nd follows 55.02.125 Evidence of Violation 1. If a tree is removed without a tree cutting permit, a violation shall diameterwas approved shall be considered prima facie evidence of the removal of a tree in a violation of this chapter. 3.2. Proof of violation of this chapter shall be deemed prima 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. 4.3. Tree removal or topping caused by natural weather conditions shall not be I deemed a violation of this chapter and shall be exempt from all penalties set forth in LOC 55.02.130: (Ord. No. 2059, Sec. 1; 06 16 92. Ord. No. 2097, Amended, 12/20/94) 55.02.130 Penalties. Section 55.02.130 Penalties. 1. 1. Civil Violation. A violation of any provision of this chapter,ec the breach of any condition of a permit granted under this chapter, or the failure to comply with the Tree Technical Manual shall be a civil violation as defined by LOC 34.04.105, enforceable pursuant to LOCle 34.04. The unlawful removal or causing,participating in or directing the removal of each individual tree shall be a separate offense hereunder. Failure to comply with the provisions of this chapter or a condition of approval shall beconstitute a separate offense each day the failure to comply continues. The violation shall be punishable by a fine set forth by the municipal court and the enforcement fee and restoration requirements as set forth in LOC 55.02.130(3) and (4). Page 20 Ordinance No V V VX Page 1 of 14 DRAFT 01 23/03, BP 2. Nuisance Abat'em' ' Th 1 4 t .plat; o f thi _ chapto he eb. � to LOC Article 34.08. 3. Enforcement Fee. A person who removes a tree without first obtaining a tree ement f e t the City : nt ., established by. olutio„ o f the City Council T�,vu<n... 4. Restoration. A .,ho tr itho .t first obtai T, 1i .lead tree or .lati n 4 e 1 T,pe Ti ioe , h f r the tot 1 mbe of cal; the 'the tr ed olat; of this Cb b The City m a the p n to nt„ the C;t y's Tree F .rul_.. ed of-thio-Ghapter-iii-ao-affietifit-as-establiohed-134freselotion-ef-the-City-Couneil-er-the-volue i. The person has committed a previous violation of a provision of thi& Chapter er ii. Tree protection measures as required by LOC 55.08 were not installed or er�t ea iii. The tree removed was any of the following: (a) 36 caliper inches in diameter or greater, (b) a heritage tree, per LOC 55.06, (c) expressly protected or required to be preserved as a condition of p„ e.n, e, (d) located within the Willamette River Greenway per LOC 50.15, (e) part of a Resource Conservation (RC) or Resource Protection (RP) area, per LOC 50.16, (f) located on public right of way, City owned or dedicated property, a , 2. 6. LosaNuisance Abatement. The removal or causing, participating in or directing the removal of a tree in violation of this chapter is hereby declared to be a public nuisance, and may be abated by appropriate proceedings pursuant to LOC 34.08. 3. Enforcement Fee. A person who removes or causes, participates in, or directs the removal of a tree without first obtaining a tree removal permit from the City pursuant to this Chapter, removes or causes, participates in, or directs the removal of a Page 21 Ordinance Al XXXX Page 1 of 14 DRAFT 01/23/L12. RD tree in violation of an approved tree removal permit, or violates a condition of an approved tree removal permit shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. 4. Restoration Mitigation or Fee. a. A person who removes or causes,participates in, or directs the removal of a tree without first obtaining a Type II, dead tree, or hazard tree removal permit from the City pursuant to this Chapter, removes or causes,participates in, or directs the removal of a tree in violation of an approved Type II, dead tree, or hazard tree removal permit, or violates a condition of such a permit shall either restore the damaged tree on the site, restore the same diameter inch tree to the site if the tree was removed from the site, restore the same number of diameter inches of trees to the site,pay into the City's Tree Fund a standard fee per diameter inch for the total number of diameter inches of the tree removed in violation of this Chapter in an amount as established by resolution of the City Council, or a combination thereof as provided hereafter. b. If a tree is damaged but is not removed from the site,a person who violates any provision of this chapter shall submit a report prepared by an arborist to evaluate the damage to a tree and/or make recommendations to remedy the violation. The City Arborist, upon evaluating these recommendations may, at the City Arborist's discretion, require that the recommended measures be implemented. If, however, the City Arborist determines that it is not likely that the damaged tree will survive for 5 years, then the tree shall be removed and the person shall pay such fines, fees, and mitigate the same as if the a tree had been originally removed. c. If the City Arborist determines that it is practical to plant a restoration tree which is the same diameter-inch tree as that removed and the 5-year survivability of the restoration tree(s)can be assured with a maintenance plan, then the owner shall plant such restoration tree on the site in the same general location as that removed, and such planting shall be performed and maintained in the manner directed by the City Arborist. d. If the City Arborist determines that it is not practical to plant a restoration tree which is the same diameter-inch tree as that removed, or the 5-year survivability of said restoration tree cannot be assured even with a maintenance plan,but the City Arborist determines that there is adequate room on site, consistent with the future growth requirements of the other trees on the site, for one or more restoration trees for the tree that was removed so that the cumulative diameter inches of the restoration trees are the same as the diameter inches of the tree that was removed, and that the 5-year survivability of the restoration tree(s)can be assured with a maintenance plan, then the owner shall plant such additional restoration trees on the site in the location and in the manner directed by the City Arborist. If, however, the City Arborist determines it is not practical to plant additional restoration trees on site which would cumulatively equal the diameter inches of the tree removed, then the Owner shall plant such additional trees on site as the City Arborist determines possible and the person shall pay into the City's Tree Fund the standard fee per diameter inch in an amount as established by resolution of the City Council for the difference in the total number of diameter inches of the tree removed as compared to the diameter inches of the restoration trees planted. In determining the size of restoration trees to be planted, and their location, the following priority shall apply: 1'a,,c 22 Page 1 of 14 DRAFT 01/23/03; RR i. largest size survivable tree in the original location as the removed tree, with lesser-sized trees in the same general location, to the extent practical based on the effect on the future health of trees in that area; ii. largest size survivable tree elsewhere on the site other than in the original location of the removed tree, with lesser-sized trees in the original location as the removed tree, to the extent practical based on the future health of trees in those respective areas; iii. largest size survivable tree elsewhere on the site other than in the original location of the removed tree, with lesser-sized trees elsewhere on site other than in the original location of the removed tree, to the extent practical based on the future health of trees in those respective areas; The maintenance plan shall be for such period of up to 5-years of time as the City Arborist determines necessary to assure the survival of all restoration trees. The Owner shall post a performance bond, letter of credit, or other form of security acceptable to the City Manager that is equal to 120% of the value of the restoration trees planted. The bond, letter of credit, or security shall be released upon successful completion of the maintenance plan. The maintenance plan, or a memorandum thereof, shall be recorded with the County Clerk of the county in which the site is located. e. The City may require the person to pay into the City's Tree Fund an increased fee per diameter inch for the total number of diameter inches of the tree removed in violation of this Chapter and not restored under subsection (d), in an amount as established by resolution of the City Council or the value of the tree as determined by the City Arborist in accordance with the methods set forth in the "Guide for Plant Appraisal"an official publication of the International Society of Arboriculture, whichever is greater, if any of the following apply: i. The person has committed a previous violation of a provision of this Chapter, or ii. Tree protection measures as required by LOC 55.08 were not installed or maintained, or iii. The tree removed was any of the following: (a) 36 inches in diameter or greater, (b) a Heritage Tree,per LOC 55.06 (c) expressly protected or required to be preserved as a condition of approval of a development permit pursuant to the Lake Oswego Community Development Code, (d) located within the Willamette River Greenway per LOC 50.15, (e) part of a Resource Conservation (RC) or Resource Protection(RP) area,per LOC 50.16. (f) Located on public right-of-way, City owned or dedicated property, a public or private open space area or conservation easement. 5. Enforcement and Restoration fees under subsection 4(e) for tree removals on a development site and/or associated with a building permit shall be 10(ten) times the scheduled fees. Page 23 Page-1-444 DRAFT 01 i23/03; QP 6. Injunction. Upon request of the City Manager or direction from Council, the City Attorney may institute appropriate action in any court to enjoin the removal of trees in violation of this Chapter. 7. Loss of City Privileges. a. A person hired to perform tree removal within the City, upon t hall idea ide a to the City MA er that he she .,lid license IlI]IVS.IIJr request, shall provide evidence to the City Manager that he or she possesses a valid license to conduct business in City of Lake Oswego. The person is subject to business license revocation pursuant to LOC 20.02.085 if the person violates any provision of this Chapter. b. Any arborist, builder, landscaper, contractor, or tree service that has performed any tree removal in violation of this chapter or submitted a falsified report for the criteria required in this chapter, shall not be considered a responsible bidder for any City contracts for a period of two years from the date of violation or report. ire eatmen . 8. Cumulative Remedies. 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. 1; 02 07 84. Ord. No. 2059, Sec. 1, 06 16 92. Ord. No. 2097, Amended, 12 0 94.) 5-SA6.A40-Reese; Page 24 Ordinance N„ VVYY Page 1 of 14 DR FT-01 23/03; BP Article 55.06 Heritage Trees Sections: 55.06.010 Purpose; Definition. 55.06.020 Nomination. 55.06.030 Review Process. 55.06.040 Protection of Heritage Trees. 55.06.050 Recognition of Heritage Trees. 55.06.060 Removal of Heritage Tree Designation. Section 55.06.010 Purpose: Definition. 1. 1. The purpose of LOC Article 55.06 is to recognize, foster appreciation and provide for voluntary protection of Heritage Trees. 2. - 2. For the purpose of this Article, a"Heritage Tree""Heritage Tree' is a tree or stand of trees that is of landmark importance due to age, size, species, horticultural quality or historic importance. (Ord. No. 2159, Enacted, 11/04/97) Section 55.06.020 Nomination. Any person may nominate a particular tree or trees as a Heritage Tree. If the proposed Heritage Tree is located on property other than City property or public right-of-way under City or County jurisdiction, the nomination shall be submitted by the property owner or accompanied by the property ewner'sowner's written consent. If the proposed Heritage Tree is located on City property or public right-of-way under City or County jurisdiction, the nomination shall be submitted to the City ManagerArborist or County Administrator, as appropriate; if the nomination is consented to by the City or County, the City ManagerArborist or County Administrator shall submit the nomination to the Natural Resources Advisory Board (NRAB) pursuant to LOC 55.06.030. 2. 2. Nomination shall be made on such form as required by the City Manager. The nomination form shall include a narrative explaining why the tree qualifies for Heritage Tree status pursuant to the description in LOC 55.06.010 and the written consent of the property owner as described in subsection 1 of this section. (Ord. No. 2159, Enacted, 11/04/97) Page 25 Ordinance No XXXX Page 1 of 14 DRAFT 01/23/A3. BP Ord. 2289,Amended,06/05/2001) Section 55.06.030 Review Process. 1. 1. The NRAB shall review all Heritage Trees nominations at a public meeting. Notice of the meeting shall be provided to the nominating applicant,the property owner(unless the nominated tree is located on public right-of-way under City or County jurisdiction, in which event notice shall be given to the respective City ManagerArborist or County Administrator)and the Chairchair of any recognized neighborhood association in which the tree is located. 2. 2. S`a`fThe City Arborist shall prepare a report for the NRAB analyzing whether the tree complies with the requirements for designation. 3. 3. After considering the sta€ ity Arborist's report and any testimony by interested persons, the NRAB shall vote on the nomination. The NRAB may designate a tree as a Heritage Tree if the Board determines that the following criteria are met: a. a. The tree or stand of trees is of landmark importance due to age, size, species,horticultural quality or historic impeftafteet andimportance. b. b. The tree is not irreparably damaged, diseased, hazardous or unsafe, or the applicant is willing to have the tree treated by an arborist and the treatment will alleviate the damage, disease or hazard; hazard. 4. 4. Following approval of the nomination by the NRAB: a. a. If the tree is located on private property, the designation shall be complete upon the Property er' property owner's execution of a covenant running with the land suitable for recordation by the City. The covenant shall describe the subject property, generally describe the location of the heritage tree, and covenant that the tree is protected as a"Heritage Tree""Heritage Tree"by the City of Lake Oswego and is therefore subject to special protection as provided in LOC Chapter 55. b. b. If the tree is located on public right-of-way,the designation shall be complete upon the €sStaff's listing of the tree on the City Heritage Tree records. 5. If the tree is located on the public right-of-way, the City or County, as appropriate, shall condition any future property owner- requested vacation of the public right-of-way upon the execution of a covenant in accordance with Section zh above, which shall be recorded by the City upon the vacation of the right-of-way: (Ord. No. 2159, Enacted, 11/01/97). , Page 26 Page-1 of 14 DRAFT 01 2 3 03; Q P acction.. C th f ak the ,fete at: the f Ile tre cts shall_not he GetHit y a. View obstruction; b. D e .t; a leaf rak' nd othe me a et- itie r..l in astr, et, ctom tr ha rds that an be „trolled idea b. 3. Unless the permit is to remove a dead or hazard tree pursuant to LOC 5[ 02 042(3) ,ter /Al the e plicant to r a heritage tree shell her ed to mitig to e e e 5. 4. A ny p ..ho re a a Heritage Tree ; „lation of , 55.02.130(3).way. (Ord. No. 2159, Enacted, 11/04/97) tree ,r i if feasible Bible f m ic r ght of. � t 7 The Plan ing Department shell m .taro a list en m of design ted Ord. 2289,Amended 06/05/20011 Section 55.06.040 Protection of Heritage Trees. 1. Unless the tree qualifies for a dead or hazard tree removal permit, a permit to remove a designated Heritage Tree shall be processed as a Type II Tree Removal Permit subject to the criteria contained in LOC 55.02.080, as modified by subsection 2 of this section. 2. If an application to remove a Heritage Tree is sought pursuant to LOC 55.02.042 the applicant shall demonstrate that the burden imposed on the property owner, or, if the tree is located within the public right-of-way under City or County jurisdiction, then the burden imposed on the respective City or County by the continued presence of the tree outweighs thepublic benefit provided by the tree in order to comply with LOC 55.02.080(3). For thepurposes of making this determination, the following shall not be Page 27 Ordinance Ne XXXX Page 1 of 14 DRAFT Ill/23/02. BP 1 considered unreasonable burdens on the property owner, or if appropriate, the City or County: a. View obstruction:, b. Routine pruning, leaf raking and other maintenance activities; and c. Infrastructure impacts or tree hazards that can be controlled or avoided by appropriate pruning or maintenance. 3. Unless the permit is to remove a dead or hazard tree pursuant to LOC 55.02.042(3) or(4), the applicant to remove a heritage tree shall be required to mitigate for the loss of the tree pursuant to LOC 55.02.084. 4. Any person who removes a Heritage Tree in violation of Article 55.06 shall be subject to the penalties provided in LOC 55.02.130. In addition, the violator shall be subject to double the enforcement fee established pursuant to LOC 55.02.130(3). (Ord. No. 2159, Enacted, 11/04/97) (Ord. 2289,Amended,06/05/2001; Ord. 2260,Amended,09/05/2000) Section 55.06.050 Recognition of Heritage Trees. l. A Heritage Tree plaque shall be designed and may be furnished by the City to the property owner, or if the tree is in the public right-of-way, to the appropriate City or County official. The City may charge a fee to cover the costs of providing the plaque. The plaque shall be posted near the tree and, if feasible, visible from a public right-of-way. 2. The Planning Department shall maintain a list and map of designated Heritage Trees. (Ord. No. 2159, Enacted, 11/04/97) (Ord.2289,Amended,06/05/2001) Section 55.06.060 Removal of Heritage Tree Designation. A Heritage Tree shall be removed from designation if it dies or is removed pursuant to LOC 55.06.040. If removed from private property, the City shall record a document extinguishing the covenant. (Ord. No. 2159, Enacted, 11/04/97) Page 28 Ordinance N 000 Page 1 of 11 DR#FT 0 n3/n3. Qu Ord. 2289 Amended 06/05/2001 Page 29 Ordinance No XXXX Page 1 of 14 DRAFT 01 i23/03; QP Article 55.08 Tree Protection Sections: 55.08.010 Applicability. 55.08.020 Tree Protection Plan Required. 55.08.030 Tree Protection Measures Required. 55.08.040 Inspection. Section 55.08010 Applicability This article is applicable to any ministerial, minor, or major development. (Ord. 2221,Add,01/18/2000) Section 55.08.020 Tree Protection Plan Required. 1. 1. A Tree Protection Plan approved by the City Manager shall be required prior to conducting any development activities including, but not limited to clearing, grading, excavation, or demolition work on a property or site, which requires ministerial, minor, or major development approval. 2. 2. In order to obtain approval of a Tree Protection Plan, an applicant shall submit a plan to the City;which clearly depicts all trees to be preserved on the work site. The plan must be drawn to scale and include the following: a. a. Location, species, and diameter of each tree on site and within 15 feet of theon all adjacent properties adjacent to the work site; b. Location of the drip line of each tree; b. c. Location of existing and proposed roads, water, sanitary and storm sewer, irrigation, and other utility lines/facilities and easements; c. d. Location of dry wells and soakage trenches; d. e. Location of proposed and existing structures; e. f. Grade change or cut and fill during or after construction; f. g. Existing and proposed impervious surfaces; g. h. Identification of a contact person and/or arborist who will be responsible for implementing and maintaining the approved tree protection plan; and Page 30 Ordinance mot,. VXXX Page 1 of 14 DRAFTOU /03. BP h. i. Location and type of tree protection measures to be installed per LOC 55.08.030. 3. For minor or major development, the Tree PfeseFvatienProtection Plan shall be prepared by an arborist and shall include an inventory of all trees on sitter hearerwithin the work onsite, their condition, and recommendations for treatment for each tree. Section 55.08.025 Determination of Tree and Root Protection Zone 1. An applicant for a ministerial, minor or major development permit shall include on the permit application materials the tree and root protection zone approved by the City Arborist for each tree on the site within the area that may be affected by the development,and the related development activities. 2. The tree and root protection zone for a tree shall be 10 times the tree's DBH, measured from the face of the trunk of the tree in all directions, unless modified by the City Arborist. A larger or smaller tree and root protection zone may be established by the City Arborist for a tree based on the site, tree, and root conditions, by a showing that a different tree and root protection zone is necessary to protect the tree and its roots from damage resulting from the development or the related development activities which could cause the decline of or injure the tree or its roots. 3. The City Arborist may require submission by the Owner of such evidence as may be necessary to assist in the determination of the appropriate tree and root protection zone, including an arborist's report. 4. The City Arborist may amend the tree and root protection zone at any time until completion of the development upon notice to the applicant, upon a finding that t either the original determination of the tree and root protection zone was based on incorrect actual site, tree, or root conditions at the time of initial determination of the tree and root protection zone, or that a change of circumstance has occurred on the site such that a modified tree and root protection zone is necessary to protect the tree and its roots from damage resulting from the development or the related development activities which could cause the decline of or injure the tree or its roots. After receipt of notice of the amended tree and root protection zone, the applicant shall cause the tree and protection zone to be modified before continuing with development activities. An applicant may appeal the amended tree and root protection zone determination in the same manner as provided in subsection 5,and the appeal hearing shall be conducted in the same manner as subsections 6 through 7evebelow. 5. An applicant may appeal the City Arborist's determination of the tree and root protection zone to the Community Forestry Commission (CFC)by filing a written notice of appeal with the City Recorder within 7 days from the date of the City Arborist's determination of the tree and root protection zone, and payment of such fee as established by resolution of the City Council. 6. Notice of the public hearing shall be given to the applicant and to the City Arborist not less than 10 days in advance of thepublic hearing by the CFC. Page 31 Page 1 of 14 DDAFT01/22N12. BP f 7. The CFC shall consider the appeal at a public hearing. The CFC shall hear testimony from the applicant and any witnesses in support of the applicant, from the City Arborist and any witnesses in support of the City Arborist, and then rebuttal by the applicant and any witnesses in support of the applicant. The CFC shall determine, based on the evidence and testimony in the record, the appropriate tree and root protection zone necessary to protect the tree and its roots from damage resulting from the development or the related development activities which could cause the decline of or injure the tree or its roots. Section 55.08.030 Tree Protection Measures Required; 1. 1. Except as otherwise determined by the City Manager, all required tree protection measures set forth in this section shall be instituted prior to any development activities; including,but not limited to3 clearing, grading, excavation or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation. 2. 2. Chain link fencing, a minimum of 6 feet tall with steel posts driven into the ground for a minimum of two feet, placed no farther than ten feet apart, shall be installed at the edge of the tree protection , greater,zone, as determined by the City Manager,and at the boundary of any open space tracts or conservation easements that abut the parcel being developed. 3. 3. The fencing shall be flush with the initial undisturbed grade. 4. 4. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the City Manager and arborist for the project. 5. 5. No construction activity shall occur within the tree protection zone;including,but not limited to3 dumping or storage of materials such as building supplies, soil, waste items, or parked vehicles or equipment. 6. 6. The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions,petroleum products, and concrete or dry wall excess, construction debris, or run-off 7. 7. No excavation, trenching, grading, root pruning or other activity shall occur within the tree protection zone unless directed by an arborist present on site and approved by the City Manager. 8. Stake construction footprints, including structures, decks and driveways prior to tree protection inspection, may be required. 9. Building permits will not be issued prior to submission and approval of a tree removal plan or tree protection inspection and approval. 10. Tree protection measures shall not be removed before completion of the project. Page 32 Pagel of 14 DRAFT Al/23/03; QD 11. Owner may be required to cover with course organic mulch to a depth of at least 6 inches ewith plywood or similar material't ie areas adjoining the tree and root protectWzone of a tree in order to protect roots from damage caused by heavy equipment. 12. 'Owner may be required to minimize root damage by excavating a 2-foot deep trench, at the edge of the tree and root protective zone to cleanly sever the roots of trees to be retained. 13. '!'owner shall avoid damage to trees resulting from machinery or building activity by corrective pruning of protected trees, or other means as required by the City Arborist. Owner shall maintain trees throughout construction period by watering and fertilizing. A 14. �Owner shall ensure that any landscaping done in the tree and root protectiol'zone subsequent to the removal of the fencing shall be accomplished with light machinery or hand labor, to minimize impact°tie tree and its roots. 15. Additional protection measurA are outlined in the Tree Technical Manual. Section 55.08.040 Inspection. The applicant shall not proceed with any construction activity, except installation of erosion control measures, until the City has inspected and approved the installation of the required tree protection measures and a building and/or grading permit has been issued by the City. See#0 2�.-�Sev e-provisions-of-this or ee a severable If an., portion f thi rdi f� held t„ be alid ch don ion shall „t „f ct the e e Dead f the first t: a by title .,1, nd cted at the .la eet: of the City C it of the City of Lake Oswego held on the day of , 2003. AYES: NOES: AA O A BSrrnSTAI Judie Hammerstad, Mayor Dated: ATTEST: Page 33 Ordinance Ne XXXX Page 1 of 14 DD A FT Ill 23/03; BP 1 Robyn Christie, City Recorder APPROVED AS TO FORM: Page 34 Ordinance N.T XXXX Page 1 of 14 • , p(),0)-(__ i2 c DRAFT n2.01 23/ uP v ORDINANCE N..,YXl'X IA w _ A MCNDINC CH A PTE 55 !TREES\ !1C TUC CITY CODE EIS 55.02 Tree Removal -The-purpose-of This-ehopter-is-to-regulate-the-removal-ef-trees-amEl-pfesefibe-preventatiw Chapter 55 DRAFT as of 12/05/021/22/03 Trees Articles: 55.02 Tree Removal. 55.06 Heritage Trees. 55.08 Tree Protection. Article 55.02 Tree Removal. Sections: 55.02.010 Purpose. 55.02.020 Definitions. Page 1 Ordinance No XXVX Page 1 of 14 • f i. DRAFT 91/23/L12. RD 55.02.030 Prohibited Activities. 55.02.035 Tree Removal in Conjunction with Major or Minor Development Permit. 50.02.036 Protected Native Tree Species 50.02.037 Tree Technical Manual (Ord. No. 1429, See. 1; 05 18 71.55.02.040 Repealed. Ord. No. 2059, Sec. 1; 06 16 Ord. No. Amended, 12 20 94)06- 16-92. .55.02.041 Repealed. Ord. No. 2221, 01-18-00. 55.02.042 Permit Classifications and Review Procedures. 55.02.045 Repealed. Ord. No. 2221, 01-18-00. 55.02.050 Application for Permits. 55.02.060 Fees. 55.02.061 Repealed. Ord. No. 2097, 12-20-94. 5 5.02.065 Repealed. Ord. No. 2221,01-18-00. 55.02.067 Repealed. Ord. No. 2097, 12-20-94. 55.02.070 Repealed. Ord. No. 2059, 06-16-92. 55.02.071 Repealed. Ord. No. 2097, 12-20-94. 55.02.075 Repealed. Ord. No. 2221, 01-18-00. 55.02.080 Criteria for Issuance of Type II Tree Removal Permits. 55.02.082 Staff Decision and Notice Requirements for Type II Permits. 55.02.084 Mitigation Required. 55.02.085 Request for Public Hearing on a Type II Tree Removal Permit. 55.02.090 Repealed. Ord. No. 1807; 09-15-81. 55.02.092 Expiration of Tree Removal Permits. 55.02.094 Conditions of Approval for Tree Removal Permits. 55.02.100 Repealed. Ord. No. 1807, 09-15-81. 55.02.110 Repealed. Ord. No. 1807, 09-15-81 . 55.02.120 Repealed. Ord. No. 1807, 09-15-81. 55.02.125 Evidence of Violation. 55.02.130 Penalties. 55.02.135 Repealed. Ord. No. 2221, 01-18-00. Section 55.02.010 Purpose Residents of Lake Oswego live within an urban forest environment. The purpose of this chapter is to protect, preserve and promote this natural resource within the City's Page 2 Ordi,ante No vvvv Page 1 of 14 DRAFT014303; BP neighborhoods by regulating the removal of trees and prescribing preventive protection measures to avoid damage to trees during site development in order to retain the aesthetic wooded character of the City of Lake Oswego. Extra consideration will be given to preserving and protecting native species. Section 55.02.020 Definitions Arborist mcansArborist- a person who has met the criteria for certification from the International Society of Arboriculture and maintains his or her accreditation. r rr rr rr rr ewe City Arborist—International Society of Arborists (ISA)certified arborist(s) designated by the City Manager responsible for performance of the duties assigned to the City Arborist under this Code and the Tree Technical Manual. ity Manager - means the City Manager ortheer-'s designee, any officer or employee of the City of Lake Oswego. Dcad TreeDead Tree - means a tree is lifeless. Such evidence of lifelessness may include unseasonable lack of foliage,brittle dry branches, or lack of any growth during the growing season. Diameter at breast height or DBH means the diameter of the trunk, at its r n e.....ovalo s to cu d t own tree o e ll 50 a o f the e n7 trunk,,-or root-sy ste l-of a tF n nor n rr > > rsterage n n > > > > Topping means the severe cutting back of a tree's limbs to stubs 3 inches or r €eet, the-t nk is-t . ed-at its most narewpeint-beneath the spl t considered Page 3 Ordinance No XXXX Page 1 of 14 no FT n1 23/03. BP Tree Cutting Permit means written authorization from the City for a tree removal conditions. (Ord. No. 1429, Sec. 1; 05 18 71. Ord. No. 1631, Sec. 1; 07 20 76. Ord. No. 2059, Sec. 1; 06 16 92. Ord. No. 2097, Amended, 12 20 94) Deciduous Tree—Tree that naturally loses foliage in the fall. Development—Any human change to improved or unimproved real property, including,but not limited to, construction, installation or alteration of a building or other structure, change or use, land division, establishment or termination of a right of access, storage on the land, grading, clearing, removal or placement of soil,paving, dredging, filling, excavation, drilling or removal of trees. DBH—Diameter at Breast Height—defined as the measurement of a tree's diameter at 4.5 feet or 54 inches above ground level. The Tree Technical Manual should be followed to measure trees that do not have a straight trunk or are located on a slope. Diameter Inch - refers to a manner of expressing tree size as calculated by measuring the tree's circumference and dividing by Pi (3.14). . Erosion—Detachment and movement of soil, rock fragments, mulch, fill or sediment. Fruit Tree—Edible or ornamental variety of stone-fruit or pome-producing trees. Hazard Tree—Any tree with a structural defect and/or disease which makes it subject to a high probability of failure, and threatens persons or property, including other trees, in the event of failure. Removal - means to cut down, damage, and cause to become unstable or to remove enough of the crown, trunk, or root system of a tree ,or to damage a tree so as to cause the tree to decline and/or die or become hazardous. "Removal"includes but is not limited to topping, damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. Single Family Dwelling for the purpose of this chapter means any of the following: a detached home, a townhouse or row house, a zero lot line dwelling, duplex Page 4 Ordinance 1 vvvv Page 1 of 14 DRAFT 01/2 43- R D • unit, or a condominium unit where the tree-removal permit relates to a tree located in the private yard of such a unit. Soil Stability—Ability of soil to remain in its current location. Surface Waters— Storm water, groundwater, or other retained water that stands or flows on the ground surface Topping- a pruning practice that results in removal of terminal growth leaving a stub cut end. Tree - means any woody plant having a trunk six inches or larger in DBH. If a tree visibly forks into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the fork(s), and is considered one tree. For the purposes of this section,a tree is considered to fork where multiple trunks are physically separated to the degree that light passes between them. English laurel (Prunus laurocerasus),photinia (All Photinia), arborvitae (Thuja orientalis), holly(All Ilex), Portuguese laurel (Prunus lusitanica), poison oak(Rhus diversiloba), and English ivy(Hedera helix) shall not be considered a tree. Tree Removal Permit - means written authorization from the City for a tree removal to proceed as described in an application, such authorization having been given in accordance with this chapter. Tree Technical Manual—A regulatory document containing specialized, arboricultural reference materials, maintained and updated by the City Arborist with the approval of the City Manager, on file with the Planning Division to be used in the application of Chapter 55. Section 55.02.030 Prohibited Activities I. No person shall remove, cause, or direct the removal of a tree without first obtaining a tree removal permit from the City pursuant to this Chapter. 2. No person, including a utility or public agency, shall top a tree without first obtaining a topping permit from the City pursuant to this Chapter. 3. 3. No person who is required to install or maintain tree protection measures per LOC 55.08 shall do any development activities including, but not limited to clearing, grading, excavation or demolition work on a property or site which requires ministerial, minor or major development approval without approved tree protection measures properly installed and maintained pursuant to this Chapter. (Ord. No. 1129, Sec. 1; 05 18 71. Ord. No. 2059, Sec. 1; 06 16 92. Ord. No. 2097, Amended, 12 20 94) Section 55.02.035 Tree Removal in conjunction with Major or Minor Development Permit. !. 1.If a Major or Minor Development Permit applied for pursuant to LOC Chapter 50 9 would require or result-in tree removal and/or a tree euttifigremoval permit as defined in this Chapter, compliance with LOC 55.02.080 shal155.02.08haII be a PaLlc 5 Ordinance i t XXXX Page 1 of 14 DRAFT 01i23/03; uv criterion of approval of such development permit. Tree removals in conjunction with a Major or Minor Development Permit shall be considered in conjunction with such permit and shall be subject to the application, notice, hearing and appeal procedures applicable to the proposed Major or Minor Development pursuant to LOC Chapter 50.82 and-50,84. The required Notice for Major or Minor Developments that would require or result in tree removals shall include a site plan indicating the location of anyall trees. The trees proposed for removal shall be indicated on the site plan and also be flagged with yellow flagging tape on site. Such flagging shall be maintained until a final decision on the proposal is rendered. The remaining; notice, hearing and appeal procedures in Chapter 55 shall not apply to tree removals considered in conjunction with a Major or Minor Development request. Subsequent tree removals that have not been reviewed through either Major or Minor Development procedures shall be reviewed as provided in this Elial3br) chapter. The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC 55.02.084. Such mitigation requirements shall be a condition of approval of the original development permit. • 2. 2. Once a final decision has been rendered on the Major or Minor Development Permit,trees that have been approved for removal as part of that decision shall be subject to the verification-peniiitVerification Permit process. Applications for ver•fiensVerification Permits shall be made on the application forms as prescribed by the City Manager and be accompanied by an application fee as established by resolution of the City Council. The purpose of the verification process is to ensure that the trees approved for removal are properly identified for removal in the field and that the trees that were not approved for removal are not inadvertently removed. Removal of trees in violation of such land use approval will be considered a violation of this Chapter. The criteria contained in LOC applications f r tree Autting55.02.08hall not apply to Verification removal permits. medifie tcrc „ t am e ion that la etion i r shall be r eed e subject to the criteria of i OC wrrry 55.02.080 by--the body responblror reviewing -su h—land ac ions'..S LOC 55.02.042(3), or when the tree is dead as provided in LOC 55.02.080(1) or is a (Ord. No. 2097, Enacted, 12 20 94) 55 02 042 Permi♦Classifeatio nd Review Procedure. following tree cutting« mits before tree r el o 1. TYPE I PERMIT is required for: Page 6 Page 1 of 14 ;. DRAFT01 2310-3 BP b. Removal of up to two trees, 10 inch caliper or less per tree at DBH a calendarleari-and c. A tree that is not: ii. Located within an area or parcel that has been placed on the Historic iii. A Heritage Tree per LOC 55.06; iv. Located within an RC or RP sensitive land overlay district; Located withi„ the Willamette Diver Greenw..,(�17Dl71 ., a lay district• , vi. Located within the 25 foot Oswego Lake Special Setback; this subsection. 2. TYPE II PERMIT: in4his-seetion, 3. DEAD TREE REMOVAL PERMIT: suseetion-(b)-of this section,-i€-the applicant demonstrates that--a--tree-iss-dead--and leeated-in-wetlends�-RC Protection P eas-(r OC 50 1 055 4. HAZARD TREE REMOVAL PERMIT: The City shall issue a tree cutting removal. A hazard tree a tree that acked „lir lea„i„g physically damaged., tree .„ also ct„ le a tree that is located withi„ a uhlie- ght of. „d cannot be relocated The a „lica„t .„ ,st demo„strate that the „ditien location of the Page 7 Ordinance Ne XXXX Page 1 of 14 DRAFT 01/23/03; BP by the City. 5. EMERGENCY PERMIT: a. If the condition of a tree presents an immediate danger of collapse, and pe.mit m be : ed „d the p nt o f a f e m be , ved For the p e f this 3. b. Emergency tree cutting permits must be approved fa tree proposed to be removed has been specifically required to be preserved or protected as a condition of approval of a land use action pursuant to the Lake Oswego Community Development Code, the tree removal application shall be processed as a modification to that land use action and shall be reviewed subject to the criteria of LOC 55.02.082 by the body responsible for reviewing such land use actions. Such modification procedure shall not be required in cases of an emergency tree removal as provided in LOC 55.02.042(3), when the tree is dead as provided in LOC 55.02.082(1), or a hazard as provided in LOC 55.02.082(2). 4. The City may impose conditions of approval on any tree removal permit i f the condition is reasonably related to preventing, eliminating or mitigating a negative impact or potential impact on natural features or processes or on the built environment of the neighborhood which is created or contributed to by the approved tree removal. Conditions of approval may include, but are not limited to: a. Leaving a stump instead of grinding or fully removing a stump; b. Requiring modifications in the location,design or intensity of a development or activities on a site or to require or prohibit certain construction methods; such as grade beam foundations and bridging of driveways and sidewalks over roots. c. Requiring vegetation not requiring a tree removal permit to remain in place or be planted; d. Requiring the removal of injurious vegetation from other trees and surrounding area on the property, such as: Scientific Name Common Name Clematis vitalba Traveler's joy Hedera helix English ivy Ipomoea convolvulaceae Morning glory Rubus discolor Himalayan Blackberry Rhus diversiloba Poison Oak Page 8 Ordinance Ne XXXX Page 1 of 14 • , DRAFT 0 1/7 2 H12. B P Section 55.02.036 Protected Native Tree Species The followingprotected natives trees, if at least six inches in size, can only be removed through the Type II removal process,unless the trees are dead or a hazard: Protected Native Tree Species List Abies grandis grand fir Amelanchier alnifolia western serviceberry Arbutus menziesii madrone Cornus nutallii pacific dogwood Pinus ponderosa ponderosa pine Pseudotsuga menziesii Douglas-fir Ouercus garryana Oregon white oak Rhamnus purshiana cascara Taxus brevifolia western yew Thuja plicata western red cedar Tsuga heterophylla western hemlock Section55.02.037 Tree Technical Manual The City Manager may adopt a Tree Technical Manual, and revise its contents from time to time. The Tree Technical Manual shall contain specialized, arboricultural reference materials; establish procedures required for installation,planting,pruning, thinning, removal, and maintenance of trees; and, establish or preserve the tree and root protection zone. Any person who is required under this Code or pursuant to a condition of approval of a development permit to undertake such activities or to comply with the tree and root protection zone shall comply with the requirements and procedures set forth in the Tree Technical Manual. Section 55.02.042 Permit Classifications and Review Procedures. A person who desires to remove a tree shall first apply for and receive one of the following tree removal permits before tree removal occurs: 1. TYPE I REMOVAL PERMIT is required for: a. Removal of up to two trees, 12-inch DBH or less per tree within a calendar year, located on property that is in a residential zone and is occupied by a single family dwelling, and the tree(s) is/are not: i. Protected by a condition of approval of a development permit pursuant to the Lake Oswego Community Development Codes; ii. Located within an area or parcel that has been placed on the Historic Landmark Designation List pursuant to LOC Chapter 58; iii. A Heritage Tree per LOC 55.06; iv. Located within a Resource Conservation (RC)or Resource Protection(RP) sensitive land overlay district; v. Located within the Willamette River Greenway(WRG) overlay district; Page 9 Ordinance No XXXX Page 1 of 14 DR A L`T 0 23/03; BP vi. Located within the 25-foot Oswego Lake Special Setback; vii. Located on property owned by the City of Lake Oswego or dedicated to the public, including parks, open spaces and public rights-of-way. viii. on the protected native species list set forth in LOC 55.02.036 and has a 6"DBH or greater; or b. Any size and number of willow family, (including cottonwood and poplar), fruit or non-native hawthorn trees. c. Any tree not meeting Type I criteria shall be subject to requirements 7 5a.C ' of LOC 55.02.042 (2) or(3) or(4)or(5) or(6) or(7). ' Type I Permits shall be issued without further review upon application and demonstration by the applicant that the request qualifies as a Type I Permit pursuant to this subsection. 2. TYPE II REMOVAL PERMIT: a. A Type II permit is required prior to any tree removal application that does not qualify as a Type I Permit, Dead Tree Removal Permit, Hazard Tree Removal Permit, Emergency Permit, Verification Permit, or Topping Permit as described in this section. b. Type II Permits shall be reviewed and approved by the City Manager pursuant to LOC 55.02.042 (2)(D) and 55.02.082. c. Criteria for Issuance of Type II Tree Removal Permits. Except for removal of trees within a sensitive lands area which must address additional criteria contained in Sensitive Land Overlay District (LOC 50.16.005-50.16.110), an applicant for a Type II tree-removal permit shall demonstrate that the following criteria are satisfied: i. Removal of the tree is not for providing or enhancement of views- orc-t- ii. Removal of the tree will not have a significant negative impact on soil stability, flow of surface waters or wind, protection of other trees or existing wind-buffering trees; iii. Removal of the tree will not have a significant negative impact on the character, aesthetics, or property values of the neighborhood. The City may grant an exception to this criterion when alternatives to the tree removal have been considered and either no reasonable alternative exists to allow the property to be used as permitted in the zone or the City Engineer determines that the tree presents a public safety hazard in the public's use of a public right-of-way. In making this determination. the City may consider alternative site plans for placement of structures or other developments that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of the Lake Oswego Code; d. The City may require the applicant to mitigate for the removal of each tree pursuant to LOC 55.02.084. Such mitigation requirements shall be a condition of approval of the permit. In circumstances where trees are removed for the better arboricultural interests of the remaining trees as determined by the City Arborists, no mitigation will be required. 3. DEAD TREE REMOVAL PERMIT: PaRc 10 Ordinance No XXXX Page 1 of 14 DRAFT 111/7 2/03; B D a. The City shall issue a tree removal permit for a dead tree, except as provided by subsection (b)of this section, if the applicant demonstrates that a tree is/dead and removal of the tree will not have a significant negative impact on soil stability or flow of surface waters. b. In order to provide for wildlife habitat and natural processes,the City Manager may require the retention of a dead tree. Dead trees shall not be removed if located in wetlands, Resource Conservations (RC)Protection Areas (LOC 50.16.055), stream corridors, parks or open space areas required to be preserved as a condition of development approval, unless the tree presents a hazard to persons or property. c. A utility or public agency may be issued a revocable dead tree removal permit for 1 (one) year for the purpose of pruning trees and public safety issues adjacent to utility poles within the public right-of-way. If under this permit, the utility or public agency removes trees that are not dead, or if dead, their removal is not required for the purpose of thinning and public safety issue, the utility or public agency shall be liable for penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084, and the City Manager shall revoke the permit. 4. HAZARD TREE REMOVAL PERMIT: The City shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard, and the hazard cannot be alleviated by pruning or treatment. E,co Cross-Reference: See LOC 55.020:605561or requirement for arborist's report in application 5. EMERGENCY TREE REMOVAL PERMIT: a. If the condition of a tree presents an immediate danger of collapse, and represents a clear and present hazard to persons or property, an emergency tree removal permit may be issued and the payment of a fee may be waived. For the purposes of this subsection, "immediate danger of collapse"means that the tree is already leaning, with the surrounding soil heaving, or there is a significant likelihood that the tree will topple or otherwise fail and cause damage before a tree removal permit could be obtained through the hazard tree removal permit process. "Immediate danger of collapse"does not include hazardous conditions that can be alleviated by pruning or treatment. . Emergency tree removal permits must be approved by the City Manager. If an emergency situation arises at a time when the City Manager is unavailable, and such emergency creates a significant likelihood that the tree will topple or otherwise fail before such official becomes available, the owner of the , ' tree shall, if practical and reasonable, first notify the City and state the address where the tree is being removed, the company performing the removal, along with the property owner's name, address, and telephone number. The owner shall photograph the tree showing emergency conditions and then may proceed with removal of the tree to the extent necessary to avoid the immediate hazard. Within seven days of such removal, the owner of the tree shall apply for a retroactive emergency tree i Page 11 Ordinance No XXXX Page 1 of 14 DRAFT 01/23/03; RP c. The city may require the application to hire removal permit. c. If the evidence shows that the tree did not satisfy the emergency tree removal standards set forth in this shoinef;subsection1 the application shall be denied and the owner of the tree shall be subject to penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084. 0 0 Cross-Reference: See LOC 55.020.0455&for requirement for evidence of emergency and arborist report in application. 6. 6. VERIFICATION PERMIT: a. a. If a site has received development approval through a Major or Minor Development Process, then a Verification Permit shall be issued for those trees approved for removal through that process. b. To obtain a ermit7Verification Permits an applicant must clearly identify in the field the trees to be removed by tying yellow taggingfkggIgl tape around each tree and submitting a site plan indicating trees. their location. The City Manager may require the building footprint of the development to be staked to allow foraeeurate verification of the permit application. The City Manager will then verify that therequested trees designated for removal match the site plan approved through the Major or Minor Development Process. The shall filevelennient-pennit7 c. b. Any tree not approved for removal through the original Major or Minor Development review process shall not be approved as part of the verification permit process,unless the subject tree is located within an approved building footprint, public/private utility or improvement area, and no feasible alternative exists to preserve the tree. In such cases, the City may allow the tree to be removed without a Type II tree eugremoval permit process; however, the mitigation requirements of LOC 55.02.084 shall still apply. d. c. Verification permits shall be issued upon section. Verification permits shall not be issued prior to the issuance of a building permit for the subject property without prior authorization by the City Manager. 7. 7. TOPPING PERMIT: a. a. A topping permit may be issued only if the �--� following apply: i. The applicant is any person, including a utility or public agency ii. i. A utility, public agency, or The proposed topping is in furtherance of public safety, Page 12 Ordinance No XXXX Page 1 of 14 DR+FT0142 /03; uu 1 subsection.to impro the condition of the tree, or remove dead wood; and iii. ii. Trees under utility wires may be topped only wher other pruning practices are impractical. i A utility or public agency may be issued a revocable topping permit for 1 (one)yea for the purpose of topping and thinning trees adjacent to utility poles within the public right-of-way. If under this permit, the utility or public agency tops trees that do not meet the criteria of subsection (ii) above, the utility or public agency shall be liable for penalties pursuant to LOC 55.02.130 and the mitigation requirements of LOC 55.02.084, and the City Manager shall revoke the permit. b. b. The City, in granting approval for tree removal in an open space or undeveloped area, may allow a tree to be topped to a designated height in order to maintain a"snag"for wildlife habitat. c. c. A tree cutting permit obtained forA tree removal permit shall not authorize topping unless said tree euningremoval permit specifically authorizes such action. (Ord. No. 2097, Enacted, 12/20/94) Section o Section 55 02 050 is hereby a nded to ad . follows p-i-a-u-ef-the-prepecty; b. The anticipated date of removal; c. A statement of the reason for removal; d. e. Any other information reasonably required Fruit trees are excluded from topping regulations. oro Cross-Reference: See LOC 55.020.9453Afvr requirement for arborist report in application. Section 55.02.050 Application for Permits 1. An application fora t" rpl t shall be made on such forms and contain such information as the City Manager may require. 2. The applicant shall have the burden of proving that his o_ho the application complies with the criteria for approval of the applicable class of permit. 3. In considering the application, the City Manager may require on-site inspection to verify the information submitted and to assist in determining whether the tree removal criteria are met. 3-4. Misrepresentation of any fact necessary for the City'sCity's determination for granting a tree eettingremoval permit shall invalidate the permit. The City may at any Page 13 Ordinance No XXXX Page 1 of 14 DRAFT 01 -23/4 . R P time, including after a removal has occurred, independently verify facts related to a tree removal request and, if found to be false or misleading, may invalidate the permit and process the removal as a violation. Such misrepresentation may relate to matters including, without limitation, tree size, location, health or hazard condition, and ewner'sowner's authorized signature. (Ord. No. 1429, Sec. 1, 05 18 71. Ord. No. 1631, Sec. 2; 07 20 76. Ord. No. 2059, Sec. 1; 06 16 92. Ord. No. 2097, Amended, 12/20/94) (Ord. No. 1429, Sec. 1; 05 18 71. Ord. No. 2059, Sec. 1: 06 16 92.) , t—Tke-Gity-shail-require--the-applicant to e-€e tho o ► of a ch t_ee (Ord. No. 2097, Amended, 12/20/94) 1. An applicant for a Type II tree cutting permit shall: Pag,e 14 Ordinance No XXXX Page 1 of 14 DR,1FT O1/23/03; BP a. Complete a written notice form to be mailed by the City via regular e ite b. Complete a written certification that the property will be posted «d the t. ille re bkal r nto t th; et; ee a nl c. Within 24 hours of applying for a tree cutting permit, post a public L. ll state that tree c tting 't ding f trees the a ty k d 1. ell, :mc�rr-.Tc[rcc-cnuc-ir-crc�c'cnrrrr�peri'r[ir-i-�-poi:a-irrSzvrrrcw orrcrr�1irvpcic7-crrcmcca-vim J ...,.. d. Mark each tree proposed to be removed by tying or attaching a e. Maintain the posting and marking for fourteen consecutive days. 2 Within two business days of the close of'the fourteen day comment period: 2 if'a rmit is tentatively a ed staff shell mediately post a allow• e pe...,..;�be-shall 4. If the applicant appeals the denial of a permit, or appeals conditions Section 17 Section GG 02 08 hereby amended to read Follows d ete -removed from develo s, appl{ ovide I. Replanting on site. The applicant shall plant either a minimum 2 inch Page 15 Ordinance No. XXXX Page 1 of 14 ' r DRAFT-01/23/03; RP 2. Replanting off site. If in the City's determination there is insufficient a(� In the event that a permit is issued, and the applicant revises the site plan;, the applicant must submit a revised plan to the City Manager for review and approval prior to removing any trees on the site. If the tree(s) is removed before a revised plan is submitted and approved by the City Manager, the applicant shall mitigate for the loss of the tree(s)by planting the same species with a total diameter inch as what was removed or pay into the tree fund the value of the removed tree(s). Section 55.02.060 Fees An application for a tree removal permit shall be accompanied by a filing fee as established by resolution of the City Council. Section 55.02.082 Staff Decision and Notice Requirements for Type II Permits. 1. An applicant for a Type II tree removal permit shall: a. Complete a written notice form to be mailed by the City via regular mail to property owners within 100 feet of the property, and to the chair of any recognized neighborhood association whose boundaries include the proposed tree removal site. The mailing address for the owners shall be as on file with the county tax assessor; the mailing address for the chair of the neighborhood association shall be that mailing address on file with the City. b. Complete a written certification that the property will be posted and the trees will be marked pursuant to this section. c. Within 24 hours of applying for a tree removal permit, post a public notice sign of a pending tree removal permit as provided by the City on the subject property in a location which is clearly visible and readable to public passing the property. The public notice sign shall state that a tree removal permit is pending for trees on the property marked by yellow plastic flagging tape, and the notice shall include a site plans the date of posting, the reason for tree removal, that written comments may be submitted to the City Manager within 10 days from the date of posting, and the pending permit number as assigned by the City Manager. d. Mark each tree proposed to be removed by tying or attaching a yellow plastic flagging tape to the tree at 4.5 feet above mean ground level at the base of the trunk on the same day that the property is posted. e. Maintain the posting and marking for ten(10)consecutive days. 2. If written comments are received by the City Manager within the 10-day posting period, both the applicant and those persons submitting written comments will be notified by regular mail of the decision by the City Manager. If no mailing address is stated on the written comment, the person submitting the written comment shall be deemed to have waived the mailing of the decision to them. Persons submitting written comments who provided a mailing address and the applicant shall have seven calendar Page 16 Ordinance N XXXX Page 1 of 14 DRAFT 01 i2 z/n3, uP days from the date of the decision to request an appeal in writing to the City Recorder. The application will be held open during the appeal period. The applicant shall continue to post the public notice sign and keep a yellow flagging tape on the tree until a decision has been rendered on the tree removal application. 3. The City Manager will consider any comments on the pending permit that are received within 10(ten)days of the date of posting. If the tree removal application is not challenged within the 10-day posting period, the City Manager will either approve or deny the application and notify the applicant of the decision. The City Manager shall, within one business day following the decision, mail notice of decision by regular mail to the applicant and persons who submitted written comment. 4. If the applicant or person who submitted written comment appeals the decision or the conditions imposed on a approved permit,pursuant to LOC 55.02.085, the City Manager shall in a timely manner post a sign stating that an appeal is pending, and the time and date of the appeal hearing. The applicant shall maintain the posting of this sign and the tree marking until the date of the hearin . 5. Failure to install or maintain the required notice and marking may result ' denial or delay in issuance of the permit or revocation of an approved perm' 5.02.084 Mitigation Required The general mitigation requirement, when required, shall be satisfied as follows: 1. Replanting on site. If the City Arborist determines that there is sufficient space on the site to permit replanting, consistent with the future growth requirements of the other trees on the site, the applicant shall plant either: L 5r°4 a. if a native tree was removed,a native tree from the City's Native Plant List which is a minimum 1-1/2 diameter inch for a deciduous tree or a minimum 6-8 foot tall (excluding the leader) for an evergreen tree, or b. a minimum 1-1/2 inch diameter deciduous tree or a 6-8 foot tall evergreen tree (excluding the leader) for each tree removed. The tree shall be planted according to the specifications in the Tree Technical 5 e , 7 &Manual 2. Replanting off site. If in the City Arborist's determination there is insufficient space on the site to permit replanting, consistent with the future growth requirements of the other trees on the site, the replanting required in subsection(1) shall l occur on other property in the applicant's ownership or control within they ity, in an open space tract that is part of the same subdivision, or in a City-owned or dedicated open space or park, with a planting plan approved by the City Arborist. The City Arborist shall specify the species and the size of the mitigation trees under this section. Such mitigation planting is subject to the approval of the authorized property owners. If planting on C ewnedCity-owned or dedicated property, the City Arborist may specify the species and size of the tree. Nothing in this section shall be construed as an obligation of the City to allow trees to be planted one City-owned or dedicated property. 3. 3. Payment in lieu of planting. If in the City Arborist's determination no feasible alternative exists to plant the required mitigation trees,the Pafic 17 Ordinance N XXXX Page 1 of 14 applicant shall pay into the tree fund an amount as established by the resolution of the City Council. Section 55.02.085 Procedures for Hearings and Appeals. 1. 1. Any personAny person who submitted a written comment within the comment period may request a hearing on a Type II tree eingremoval permit by filing a written Request for Hearing, along with the applicable hearing fee as established by resolution of the Cit Council with the City Recorder, within €ettrteeriseven days of the date • ecisiorraS-pasted pursuant to LOC 55.02.082. Failure to file within the even-day period shall preclude such a request. 2. 2. An applicant for a tree etithfigremoval permit may appeal denial of a permit or conditions imposed on an approved permit by filing a written notice of intent to appeal, along with the applicable filing fee as established by resolution of the City Council, with the City Recorder within€eerteenseven days of the date of decision on the permit. 3. 3. Requests for hearing and appeals shall be heard by the Community Forestry Commission(CFC), which shall hold a public hearing on the request or appeal. The City Manager shall send written notice of the hearing to the applicant, the person requesting the hearing if different from the applicant, and to the recognized Neighborhood Association for the area in which the subject property is located. The written notice shall be sent at least ten days in advance of the hearing to all persons who filed written comments within the comment period. 4. 4. The CFC shall hear testimony from the applicant, followed by those persons who submitted comments in favor of the application, those persons who submitted comments opposed to the application(beginning with the person who requested the hearing if different from the applicant), and concluding with rebuttal by the applicant. Any person who submitted comments may testify before the CFC. Following the close of the public testimony, the CFC shall determine,based upon the evidence and testimony in the record, whether or not the application complies with the criteria contained in LOC 55.02.080. The findings, conclusions, and order shall contain the CFC',CFC's reasons for approving, denying or modifying the permit. 5. 5. A decision of the CFC shall not become final for ten days from the date of adoption of written findings. Any person who appeared before the CFC either orally or in writing may appeal the decision of the CFC to the City Council by filing a written notice of intent to appeal, along with an appeal fee as established by resolution of the Council, with the City Recorder within ten days of the date of adoption of the CFC'sCFC's written findings, conclusions and order. The findings, conclusions, and order and minutes of the CFC meeting, along with any written staff reports or testimony shall be forwarded to the City Council. Written notice of the appeal hearing shall be sent at least ten days in advance of the Council hearing to those persons who appeared before the CFC. The hearing before the City Council shall be on the record Page 18 Ordinance No XXXX Page 1 of 14 DRAFT01i23i0- 1 P established before the CFC and only persons who appeared before the CFC orally or in writing may testify. The appellant shall testify first, followed by persons in favor of the appeal,persons in opposition to the appeal (beginning with the applicant if different from the appellant),and concluding with rebuttal by the appellant. The Geunc'sCouncil's hearing and decision shall otherwise comply with subsection 4 of this section. The decision of the Council shall be final. (Ord. No. 2097, Enacted, 12/20/94) 55.02.092 Expiration of Tree Cutting Section 55.02.092 Expiration of Tree Removal Permits. Al. Except as provided by subsection 2 below, a properly issued tree euttingremoval permit shall remain valid for no more than 60 days from the date-of effective date of final decision by , he City Manager, or if appealed,by a hearing body. A 60-day extension shall be automatically granted by the City Manager if requested in writing before the expiration of the permit. No additional extensions beyond the first extension shall be anted. Permits that have lapsed are deemed void. Trees removed after a re emoval permit has expired shall be considered a violation of this Chapter. a. Cutting a tree or stump flush with the grade instead of grinding or b. Requiring modifications in the location, design or intensity of a methods;2. Tree removal permits approved in conjunction with building permits will expire six months from the date of issuance of the building permit. Nile 19 Ordinance No XXXX Page 1 of 14 DD4FTI►1/2302. RP Section 55.02.125 Evidence of Violation. c. Requiring vegetation not requiring al. A stump that is ten diameter inches or more for which no tree removal permi d. Requiring the removal of injurious vegetation (English Ivy) from other trees on the property. i If„ tree : ed, .ithout a tree cuttingp ,.mit n io„shall diameterwas approved shall be considered prima facie evidence of the removal of a tree in a violation of this chapter. 3.2. Proof of violation of this chapter shall be deemed prima 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. 4:3. Tree removal or topping caused by natural weather conditions shall not be deemed a violation of this chapter and shall be exempt from all penalties set forth in LOC 55.02.130: (Ord. No. 2059, Sec. 1; 06 16 92. Ord. No. 2097, Amended, 12/20/94) 55.02.130 Penalties. Section 55.02.130 Penalties. 1. 1. Civil Violation. A violation of any provision of this chapter,er the breach of any condition of a permit granted under this chapter, or the failure to comply with the Tree Technical Manual shall be a civil violation as defined by LOC 34.04.105, enforceable pursuant to LOCAftiele 34.04. The unlawful removal or causing, participating in or directing the removal of each individual tree shall be a separate offense hereunder. Failure to comply with the provisions of this chapter or a condition of approval shall beconstitute a separate offense each day the failure to comply I continues. The violation shall be punishable by a fine set forth by the municipal court and the enforcement fee and restoration requirements as set forth in LOC 55.02.130(3) and(4). to LOC Article 34.08. 3. Enforcement Fee. A person who removes a tree without first obtaining a tree Page 20 Ordinance N XXXX Page 1 of 14 DRAFT n1 23/03. BP shall p .,f rc eifieat f ♦ th Cit ... .... .,.n,,,, t., a., a h stablised b on. ol„t: of the City C•o i1 4. Restoration. A ..he r a tree without first ebteining a Type ii dead tree e....... ...... .�....,.�., .•. ..__ ..-------- ----- -----------a - -ter- -- ---- ----, -- > > > .,dit: of s eh it shell nto the City's Tr F nd star lard F e el: e inc- e e i h f the total .. mber of caliper inches of the tree r ed : iol, tier e f this Chapter b. The City may require the person to pay into the City's Tree Fund an increased of the tree as deter fined b.. a arborist rdance with the metho.ls set f rth in the i. The person has committed a previous violation of a provision of this, Chpter, or ii. Tree protection measures as required by LOC 55.08 were not installed or iii. The tree removed was any of the following: (a) 36 caliper inches in diameter or greater, (b) a heritage tree, per LOC 55.06, (c) expressly protected or required to be preserved as a condition of Develeffnene- (d) located within the Willamette River Greenway per LOC 50.15, (e) part of a Resource Conservation (RC) or Resource Protection (RP) (f) located on public right of way, City owned or dedicated property, a , 2. 6. LossNuisance Abatement. The removal or causing, participating in or directing the removal of a tree in violation of this chapter is hereby declared to be a public nuisance, and may be abated by appropriate proceedings pursuant to LOC 34.08. 3. Enforcement Fee. A person who removes or causes, participates in, or directs the removal of a tree without first obtaining a tree removal permit from the City pursuant to this Chapter, removes or causes,participates in, or directs the removal of a tree in violation of an approved tree removal permit, or violates a condition of an approved tree removal permit shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. 4. Restoration Mitigation or Fee. Page 21 Ordinance N XXXX Page 1 of 14 a. A person who removes or causes,participates in, or directs the removal of a tree without first obtaining a Type II, dead tree, or hazard tree removal permit from the City pursuant to this Chapter, removes or causes,participates in, or directs the removal of a tree in violation of an approved Type II, dead tree, or hazard tree removal permit, or violates a condition of such a permit shall either restore the damaged tree on the site, restore the same diameter inch tree to the site if the tree was removed from the site, restore the same number of diameter inches of trees to the site,pay into the City's Tree Fund a standard fee per diameter inch for the total number of diameter inches of the tree removed in violation of this Chapter in an amount as established by resolution of the City Council, or a combination thereof as provided hereafter. b. If a tree is damaged but is not removed from the site, a person who violates any provision of this chapter shall submit a report prepared by an arborist to evaluate the damage to a tree and/or make recommendations to remedy the violation. The City Arborist, upon evaluating these recommendations may, at the City Arborist's discretion, require that the recommended measures be implemented. If, however, the City Arborist determines that it is not likely that the damaged tree will survive for 5 years, then the tree shall be removed and the person shall pay such fines, fees, and mitigate the same as if the tree had been originally removed. c. If the City Arborist determines that it is practical to plant a restoration tree which is the same diameter-inch tree as that removed and the 5-year survivability of the restoration tree(s)can be assured with a maintenance plan, then the owner shall plant such restoration tree on the site in the same general location as that removed, and such planting shall be performed and maintained in the manner directed by the City Arborist. d. If the City Arborist determines that it is not practical to plant a restoration tree which is the same diameter-inch tree as that removed, or the 5-year survivability of said restoration tree cannot be assured even with a maintenance plan,but the City Arborist determines that there is adequate room on site, consistent with the future growth requirements of the other trees on the site, for one or more restoration trees for the tree that was removed so that the cumulative diameter inches of the restoration trees are the same as the diameter inches of the tree that was removed, and that the 5-year survivability of the restoration tree(s)can be assured with a maintenance plan, then the owner shall plant such additional restoration trees on the site in the location and in the manner directed by the City Arborist. If, however, the City Arborist determines it is not practical to plant additional restoration trees on site which would cumulatively equal the diameter inches of the tree removed, then the Owner shall plant such additional trees on site as the City Arborist determines possible and the person shall pay into the City's Tree Fund the standard fee per diameter inch in an amount as established by resolution of the City Council for the difference in the total number of diameter inches of the tree removed as compared to the diameter inches of the restoration trees planted. In determining the size of restoration trees to be planted, and their location, the following priority shall apply: i. largest size survivable tree in the original location as the removed tree, with lesser-sized trees in the same general location, to the extent practical based on the effect on the future health of trees in that area ii. largest size survivable tree elsewhere on the site other than in the original location of the removed tree, with lesser-sized trees in the original location Page 22 Ordinance No VXXX Page I of 14 DRAFT 0 23/03; Qn as the removed tree, to the extent practical based on the future health of trees in those respective areas; iii. largest size survivable tree elsewhere on the site other than in the original location of the removed tree, with lesser-sized trees elsewhere on site other than in the original location of the removed tree, to the extent practical based on the future health of trees in those respective areas; The maintenance plan shall be for such period of up to 5-years of time as the City Arborist determines necessary to assure the survival of all restoration trees. The Owner shall post a performance bond, letter of credit, or other form of security acceptable to the City Manager that is equal to 120%of the value of the restoration trees planted. The bond, letter of credit, or security shall be released upon successful completion of the maintenance plan. The maintenance plan, or a memorandum thereof, shall be recorded with the County Clerk of the county in which the site is located. e. The City may require the person to pay into the City's Tree Fund an increased fee per diameter inch for the total number of diameter inches of the tree removed in violation of this Chapter and not restored under subsection (d), in an amount as established by resolution of the City Council or the value of the tree as determined by the City Arborist in accordance with the methods set forth in the"Guide for Plant Appraisal"an official publication of the International Society of Arboriculture, whichever is greater, if any of the following apply: i. The person has committed a previous violation of a provision of this Chapter, or ii. Tree protection measures as required by LOC 55.08 were not installed or maintained, or iii. The tree removed was any of the following: (a) 36 inches in diameter or greater, (b) a Heritage Tree,per LOC 55.06 (c) expressly protected or required to be preserved as a condition of approval of a development permit pursuant to the Lake Oswego Community Development Code, (d)_ located within the Willamette River Green way per LOC 50.15, (e) part of a Resource Conservation (RC) or Resource Protection (RP) area,per LOC 50.16. (f) Located on public right-of-way, City owned or dedicated property, a public or private open space area or conservation easement. 5. Enforcement and Restoration fees under subsection 4(e) for tree removals on a development site and/or associated with a building permit shall be 10 (ten)times the scheduled fees. 6. Injunction. Upon request of the City Manager or direction from Council, the City Attorney may institute appropriate action in any court to enjoin the removal of trees in violation of this Chapter. 7. Loss of City Privileges. a. A person hired to perform tree removal within the City,upon request, shall provide evidence to the City Manager that he or she Page 23 Ordinance No. XXXX Page 1 of 14 DRAFT0142/03; BD possesses a valid license to conduct business in City of Lake Oswego. The person is subject to business license revocation pursuant to LOC 20.02.085 if the person violates any provision of this Chapter. b. Any arborist,builder, landscaper, contractor, or tree service that has performed any tree removal in violation of this chapter or submitted a falsified report for the criteria required in this chapter, shall not be considered a responsible bidder for any City contracts for a period of two years from the date of violation or report. — E st-Report-and Rege ed eat- , .lato of th; chapto shall .bmit e eft ed b. rb t zo o s t evaluate--*menage-to a-tree and/or make reeoi endationste--remedy th The Cit. al ..t; the ndat; ,.t the City's di et; o e 8. Cumulative Remedies. 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. 1; 02 07 84. Ord. No. 2059, Sec. 1, 06 16 92. Ord. No. 2097, Amended, 12 0 94.) Page 24 Ordinance N„ VXXX Page 1 of 14 DRAFT 01/23/03; RD Article 55.06 Heritage Trees Sections: 55.06.010 Purpose: Definition. 55.06.020 Nomination. 55.06.030 Review Process. 55.06.040 Protection of Heritage Trees. 55.06.050 Recognition of Heritage Trees. 55.06.060 Removal of Heritage Tree Designation. Section 55.06.010 Purpose: Definition. 1. 1. The purpose of LOC Article 55.06 is to recognize, foster appreciation and provide for voluntary protection of Heritage Trees. 2. 2. For the purpose of this Article, a"Heritage Tree""Heritage Tree' is a tree or stand of trees that is of landmark importance due to age, size, species, horticultural quality or historic importance. (Ord. No. 2159, Enacted, 11/04/97) Section 55.06.020 Nomination. 1. 1. Any person may nominate a particular tree or trees as a Heritage Tree. If the proposed Heritage Tree is located on property other than City property or public right-of-way under City or County jurisdiction, the nomination shall be submitted by the property owner or accompanied by the property ewnefsowner's written I consent. If the proposed Heritage Tree is located on City property or public right-of-way under City or County jurisdiction, the nomination shall be submitted to the City ManagerArborist or County Administrator, as appropriate; if the nomination is consented to by the City or County, the City ManagerArborist or County Administrator shall submit the nomination to the Natural Resources Advisory Board (NRAB)pursuant to LOC 55.06.030. 2. 2. Nomination shall be made on such form as required by the City Manager. The nomination form shall include a narrative explaining why the tree qualifies for Heritage Tree status pursuant to the description in LOC 55.06.010 and the written consent of the property owner as described in subsection 1 of this section. Ord. No. 2159, Enacted, 11/04/97) I Page 25 Ordinance Ne XXXX Page-l--e€14 DRAFT 01/23/03. BP Ord. 2289.Amended.06/05/2001) Section 55.06.030 Review Process. 1. 1. The NRAB shall review all Heritage Trees nominations at a public meeting. Notice of the meeting shall be provided to the nominating applicant, the property owner(unless the nominated tree is located on public right-of-way under City or County jurisdiction, in which event notice shall be given to the respective City ManagerArborist or County Administrator)and the Ghaifchair of any recognized neighborhood association in which the tree is located. 2 2 Staffrhe City Arborist shall prepare a report for the NRAB analyzing whether the tree complies with the requirements for designation. 3. 3. After considering the stity Arborist's report and any testimony by interested persons, the NRAB shall vote on the nomination. The NRAB may designate a tree as a Heritage Tree if the Board determines that the following criteria are met: a. a. The tree or stand of trees is of landmark importance due to age, size, species, horticultural quality or historic impeftaneeaffdimportance. b. b. The tree is not irreparably damaged, diseased, hazardous or unsafe, or the applicant is willing to have the tree treated by an arborist and the treatment will alleviate the damage, disease or hazard; hazard. 4. 4. Following approval of the nomination by the NRAB: a. a. If the tree is located on private property, the designation shall be complete upon the Prop property owner's execution of a covenant running with the land suitable for recordation by the City. The covenant shall describe the subject property, generally describe the location of the heritage tree, and covenant that the tree is protected as a"Heritage Tree""Heritage Tree"by the City of Lake Oswego and is therefore subject to special protection as provided in LOC Chapter 55. b. b. If the tree is located on public right-of-way, the designation shall be complete upon the Sta€psStaff's listing of the tree on the City Heritage Tree records. - —If the tree is located on the public right-of-way, the City or County, as appropriate, shall condition any future property owner- requested vacation of the public right-of-way upon the execution of a covenant in accordance with Section 44 above, which shall be recorded by the City upon the vacation of the right-of- (Ord. No. 2159, Enacted, 11/04/97). , esignated ertae ree sa l.e ., a T.,..e 11 Tree De.. oval Per.. it i%iiiv v'a, u d H i g T hll p e ed Page 26 Ordinance Ne XXXX Page 1 of 11 DRAFT 01 23/03. uv ectionb plie# on to r H emove-a er ge �,T L�33-02�ee is so t to pli,a.,r shall lo.,, ,..ter. to th,♦ the 1,,,� en if the .tweighs the public benefit .. ided b,, the tree order t„ a pl„ with 55 02 040(3) For the p o f making this ,Meter.- ation the f 11..,. ing tree cts shalt et be e ceunt y a. View obstruction; ---Irfr-astructu ec- -thatcan be controlled--er-ayoideed by 3. Unless the permit is to remove a dead or hazard tree pursuant to LOC €erne-less-of the-treat-te-LOC-33-02.084. 5. , 55.02.1 30(3).way. (Ord. No. 2159, Enacted, 11/04/97) costs e€-the provi the-plater . location at o _ the Ord.2289,Amended 06/05/20011 Section 55.06.040 Protection of Heritage Trees. 1. Unless the tree qualifies for a dead or hazard tree removal permit, a permit to remove a designated Heritage Tree shall be processed as a Type II Tree Removal Permit subject to the criteria contained in LOC 55.02.080, as modified by subsection 2 of this section. 2. If an application to remove a Heritage Tree is sought pursuant to LOC 55.02.042 the applicant shall demonstrate that the burden imposed on the property owner, or, if the tree is located within the public right-of-way under City or County jurisdiction. then the burden imposed on the respective City or County by the continued presence of the tree outweighs the public benefit provided by the tree in order to comply with LOC 55.02.080(3). For the purposes of making this determination,the following shall not be Page 27 Ordinance Ne XXXX Page 1 of 14 DRAFT n 1 i23 03; uP considered unreasonable burdens on the property owner. or if appropriate, the City or County: a. View obstruction; b. Routine pruning, leaf raking and other maintenance activities; and c. Infrastructure impacts or tree hazards that can be controlled or avoided by appropriate pruning or maintenance. 3. Unless the permit is to remove a dead or hazard tree pursuant to LOC 55.02.042(3)or(4), the applicant to remove a heritage tree shall be required to mitigate for the loss of the tree pursuant to LOC 55.02.084. 4. Any person who removes a Heritage Tree in violation of Article 55.06 shall be subject to the penalties provided in LOC 55.02.130. In addition,the violator shall be subject to double the enforcement fee established pursuant to LOC 55.02.130(3). -(Ord. No. 2159, Enacted, 11/04/97) (Ord.2289,Amended,06/05/2001: Ord.2260,Amended,09/05/2000) Section 55.06.050 Recognition of Heritage Trees. 1. A Heritage Tree plaque shall be designed and may be furnished by the to the property owner, or if the tree is in the public right-of-way, to the appropriate City or County official. The City may charge a fee to cover the costs of providing the plaque. The plaque shall be posted near the tree and, if feasible, visible from a public right-of-way. 2. The Planning Department shall maintain a list and map of designated Heritage Trees. (Ord. No. 2159, Enacted, 11/04/97) (Prd.2289,Amended,06/05/2001) Section 55.06.060 Removal of Heritage Tree Designation. A Heritage Tree shall be removed from designation if it dies or is removed pursuant to LOC 55.06.040. If removed from private property, the City shall record a document extinguishing the covenant. (Ord. No. 2159, Enacted, 11/04/97) Page 28 Ordinance No XXXX Page I of 14 DRAFT 01 23/03; BP Ord. 2289 Amended 06/05/2001 Page 29 Ordinance N XVVV Page 1 of 14 DRAFT 01/23/03; 1311 Article 55.08 Tree Protection Sections: 55.08.010 Applicability. 55.08.020 Tree Protection Plan Required. 55.08.030 Tree Protection Measures Required. 55.08.040 Inspection. Section 55.08010 Applicability This article is applicable to any ministerial, minor, or major development. (Ord. 2221,Add,0 1/1 8/20001 sso&o-20-T-FeeSection 55.08.020 Tree Protection Plan Required. 1. 1. A Tree Protection Plan approved by the City Manager shall be required prior to conducting any development activities including, but not limited to clearing, grading, excavation, or demolition work on a property or site, which requires ministerial,minor, or major development approval. 2. 2. In order to obtain approval of a Tree Protection Plan;Plan, an applicant shall submit a plan to the City,which clearly depicts all trees to be preserved on the work site. The plan must be drawn to scale and include the following: a. a. Location, species, and diameter of each tree on site and within 15 feet of eon all adjacent properties adjacent to the work tit" b. Location of the drip line of each tree; b. c. Location of existing and proposed roads, water, sanitary and storm sewer, irrigation, and other utility lines/facilities and easements; c. d. Location of dry wells and soakage trenches; d. e. Location of proposed and existing structures; e. f. Grade change or cut and fill during or after construction; f. g. Existing and proposed impervious surfaces; g. h. Identification of a contact person and/or arborist who will be responsible for implementing and maintaining the approved tree protection plan; and Page 30 Ordinance No XXXX Page 1 of 14 DRAFT01 23193. uu I h. i. Location and type of tree protection measures to be installed per LOC 55.08.030. . For minor or major development, the Tree PfesepvetienProtection Plan shall be prepared by an arborist and shall include an inventory of all trees en-site; within the workeisite, their condition, and recommendations for treatment for each tree. Section 55.08.025 Determination of Tree and Root Protection Zone 1. An applicant for a ministerial, minor or major development permit shall include on the permit application materials the tree and root protection zone approved by the City Arborist for each tree on the site within the area that may be affected by the development, and the related development activities. 2. The tree and root protection zone for a tree shall be 10 times the tree's DBH, measured from the face of the trunk of the tree in all directions, unless modified by the City Arborist. A larger or smaller tree and root protection zone may be established by the City Arborist for a tree based on the site, tree, and root conditions, by a showing that a different tree and root protection zone is necessary to protect the tree and its roots from damage resulting from the development or the related development activities which could cause the decline of or injure the tree or its roots. 3. The City Arborist may require submission by the Owner of such evidence as may be necessary to assist in the determination of the a�pr priate tree and Lr - --------P zone, including an arborist's report. The City Arborist may amend the tree and root protection zone at any time until completion_ of the development upon notice to the applicant, upon a finding that either the original determination of the tree and root )) protection zone was based on incorrect actual site, tree, or root conditions at the time of initial determination of the tree and root protection zone, or that a change of circumstance has occurred on the site such that a modified tree and root protection zone is necessary to protect the tree and its roots from damage resulting from the development or the related development activities which could cause the decline of or injure the tree or its roots. After receipt of notice of the amended tree and root protection zone, the applicant shall cause the tree and protection zone to be modified before continuing with development activities. An applicant may appeal the amended tree and root protection zone determination in the same manner as provided in subsection 5, and the appeal hearing shall be conducted in the same manner as subsections 6 through 7 above. 5. An applicant may appeal the City Arborist's determination of the tree and root protection zone to the Community Forestry Commission (CFC)by filing a written notice of appeal with the City Recorder within 7 days from the date of the City Arborist's determination of the tree and root protection zone, and payment of such fee as established by resolution of the City Council. 6Zvotic?of the public hearing shall be given to the applicant and to the City � Arborist not le.j than 10 days in advance of the public hearing by the CFC. •�`__R•7 771 he CFC shall consider the appeal at a public hearing. The CFC shall hear testimony from the applicant and any witnesses in support of the applicant, from the City Page 31 Page 1 of 14 DRAFT I11 N'2/03; BP Arborist and anv witnesses in support of the City Arborist, and then rebuttal by the applicant and any witnesses in support of the applicant. The CFC shall determine,based on the evidence and testimony in the record, the appropriate tree and root protection zone necessary to protect the tree and its roots from damage resulting from the development or the related development activities which could cause the decline of or injure the tree or its roots. «.08.030 TreeSection 55.08.030 Tree Protection Measures Required: 1. 1. Except as otherwise determined by the City Manager, all required tree protection measures set forth in this section shall be instituted prior to any development activities;including,but not limited to,clearing, grading, excavation or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation. 2. 2. Chain link fencing, a minimum of 6 feet tall with steel posts driven into the ground for a minimum of two feet, placed no farther than ten feet apart, shall be installed at the edge of the tree protection , gfeater,zone, as determined by the City Manager,and at the boundary of any open space tracts or conservation easements that abut the parcel being developed. 3. 3. The fencing shall be flush with the initial undisturbed grade. 4. 4. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the City Manager and arborist for the project. 5. 5. No construction activity shall occur within the tree protection zone;including,but not limited to,dumping or storage of materials such as building supplies, soil, waste items, or parked vehicles or equipment. 6. 6. The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, and concrete or dry wall excess, construction debris, or run-off. 7. 7. No excavation, trenching, grading, root pruning or other activity shall occur within the tree protection zone unless directed by an arborist present on site and approved by the City Manager. 8. Stake construction footprints, including structures., decks and driveways prior to tree protection inspection, may be required. 9. Building permits will not be issued prior to submission and approval of a tree removal plan or tree protection inspection and approval. 10. Tree protection measures shall not be removed before completion of the project. 11. Owner may be required to cover with course organic mulch to a depth of at least 6�nches or with plywood or similar material the areas adjoining the tree and root Page 32 Ordinance No. XXXX Page 1 of 14 protective zone of a tree in order to protect roots from damage caused by heavy equipment. 12. Owner may be required to minimize root damage by excavating a 2-foot deep trench, at the edge of the tree and root protective zone to cleanly sever the roots of trees to be retained. 13. Owner shall avoid damage to trees resulting from machinery or building activity by corrective pruning on protected trees, or other means as required by the City Arborist. Owner shall maintain trees throughout construction period by watering and fertilizing. 14. Owner shall ensure that any landscaping done in the tree and root protective zone subsequent to the removal of the fencing shall be accomplished with light machinery or hand labor, to minimize impact the tree and its roots. 15. Additional protection measures are outlined in the Tree Technical Manual. Section 55.08.040 Inspection. The applicant shall not proceed with any construction activity, except installation of erosion control measures,until the City has inspected and approved the installation of the required tree protection measures and a building and/or grading permit has been issued by the City. of the City of Lake Oswego held on the day of , 2003. AYES: NOES: ABSENT: ABSTAIN: Judie Hammerstad, Mayor Dated: ATTEST: Robyn Christie, City Recorder Page 33 Ordinance No. XXXX Page 1 of 14 DRAFT (11/72/02. BP APPROVED AS TO FORM: Page 34 Ordinance No. XXXX Page 1 of 14