Loading...
HomeMy WebLinkAbout2830 Effective Date: October 31, 2019 Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the 1st day of October, 2019. AYES: Mayor Studebaker, Manz, O'Neill, LaMotte, Nguyen, Wendland, Kohlhoff NOES: None ABSTAIN: None EXCUSED: None J / Kent Studebaker, Mayor Dated: 10 'I !20 m ATTEST: Kari Linde , Deputy City Recorder APPROVED AS TO FORM: David Powell City Attorney Ordinance 2830 Page 2 of 2 Page 1 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments Exhibit 1 - Ord. 2830 2019 Annual Update Non-CDC Code Amendments 12.51.050 Transportation Advisory Board. 1. Creation; Membership; Term. There is hereby created a Transportation Advisory Board (TAB) of the City of Lake Oswego consisting of seven regular members appointed for three-year terms, plus one member less than 18 years old who shall be appointed for a one-year term which may be renewed for one additional year. 2. Qualifications. a. No less than a majority of the members of the Transportation Advisory Board shall be residents of the City of Lake Oswego. Any members not residing in the City shall reside within the City’s Urban Services Boundary. b. In the event that no qualified individual applies to serve from one or more of the districts established in subsection (2)(a)(i) of this section, the Council may appoint an otherwise qualified resident from outside of the district. In making such an appointment, the Council shall be guided by the purpose of subsection (1) of this section, which is to ensure geographic diversity on the Advisory Board. Nothing in this subsection (2) shall be read to require the Council to appoint any particular person. 20.02.010 Definitions. Business. Any occupation, profession or commercial activity engaged in for profit or livelihood in the City. Any person who advertises or otherwise represents themselves to the public as engaged in business is presumed to be so engaged. *** Rental Unit. A single-family detached dwelling, attached townhome dwelling, live-work dwelling, or a dwelling unit within a multi-family dwelling, as defined by LOC 50.10.003.2, that is rented out for more than 30 consecutive days. Rental Unit does not include units within a hotel or motel for transient residential rentals or units offered for short-term rental lodging, as defined by LOC 50.10.003.2, or where occupancy within the unit is for rent that is subject to the Transient Lodging Tax (LOC 24.02.002). *** Page 2 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments 40.02.010 Definitions. Unless the context requires otherwise: *** Local improvement means: *** d. The installation or relocation of private utility facilities, including but not limited to electric power, telecommunications and natural gas. *** 42.08.400 Sidewalks. *** 2. When the City Manager determines that it is appropriate and timely for installation or improvement of a sidewalk (or pathway) adjacent to the development’s street frontage, the applicant shall construct or improve the sidewalk (or pathway) according to minimum widths specified in the following matrix, unless deviations from the minimum widths set forth below are approved by the City Engineer. Street Type Residential Sidewalk Commercial/Public Institutional Sidewalk Industrial Sidewalk Local/Residential 5 feet 7 feet 5 feet Major Collector/Neighborhood Collector 5 6 feet 8 feet 5 6 feet Minor Arterial/ Major Arterial 6 feet 8 feet 6 feet *** Page 3 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments 42.18.1010 Encroachments Within Public Rights-of-Way/Easements. 1. Permit Required for Encroachment in Public Rights-of-Way/Easements. It shall be unlawful for any person to erect or cause to be erected any structure or to place or maintain any vegetation, including hedges, or landscaping materials in, over or upon any dedicated public right-of-way or easement without having first obtained a revocable permit from the City Manager or designee authorizing such action. *** 42.18.1015 Exemptions. 1. Certain encroachments are exempt from the requirements of LOC 42.18.1010. Exempt encroachments are those which would have a minor impact on the present or planned use of the public right-of-way/easement and those which are expressly permitted by Code. Except as provided by subsection (2) of this section, exempt encroachments are: *** f. Lawns, plants (except hedges) and approved street trees that do not obstruct visibility for pedestrians, bicyclists and motorists. *** 42.18.1030 Standards and Conditions. The City Manager or designee may approve the issuance of a permit for encroachment within the right-of-way/easement where compliance with the following standards can be demonstrated or specific findings are made that the standard is not applicable. The City Manager or designee may attach any conditions to the issuance of the permit that are reasonably related to ensuring compliance with this Section, other applicable City codes and ordinances, and to protect the public interest. 1. Standards for Approval. *** c. Clearance to manholes and underground pipelines such as City sewers, water mains, and storm drains shall be 7 1/2 feet, as measured from the center of the pipeline or manhole. *** /// Page 4 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments 55.02.020 Definitions **** Caliper or Caliper Inch. refers to a manner of expressing the diameter inches of a tree as calculated by measuring the tree’s circumference and dividing by Pi (approximately 3.14159). Specially calibrated "diameter tapes" or "calipers" are used to determine caliper inches. Where this code requires a minimum caliper or caliper inch tree, the caliper inch of the tree proposed to meet the requirement is determined by: i. If the required caliper inch is less than 4 inches, the circumference of the tree trunk is measured 6 inches above the root ball (for nursery stock or other trees not in ground), or if planted, the ground. ii. If the required caliper inch is 4 inches or more, the circumference of the tree trunk is measured 12 inches above the root ball (for nursery stock or other trees not in ground), or if planted, the ground. The circumference (in inches) is divided by 3.14 to determine the caliper inch of the tree. Diameter at breast height or DBH means the tree trunk diameter measured at 4.5 feet (54 inches) above mean ground level at the base of the trunk, except that if a tree splits into multiple trunks above ground but below 4.5 ft., the trunk is measured at its most narrow point beneath the split. The diameter is calculated by dividing the circumference by 3.14 the diameter of the trunk, at its maximum cross section, measured 54 in. (4.5 ft.) above mean ground level at the base of the trunk. *** Tree Protection Zone means the area reserved around a tree or group of trees in which no grading, access, stockpiling or other construction activity shall occur as determined by the City Manager to be appropriate based on review of the tree and site conditions. **** Tree means any woody plant having a trunk six in. or larger in diameter at breast height (DBH), except that for purposes of restocking, "tree" means a woody perennial plant, often but not always with one dominant trunk, with the capacity to achieve a mature height greater than 16 ft. If a tree splits into multiple trunks above ground, but below 4.5 ft., the trunk is measured at its most narrow point beneath the split, it and is considered one tree. If the tree splits into multiple trunks below ground, each trunk shall be considered one tree. For the purposes of this chapter, stumps, shrubs, and hedges that otherwise meet the above description (common examples include rhododendrons, camellia, English laurel, Portuguese laurel, photinia, arborvitae, and hazelnuts) shall not be considered a "tree." Page 5 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments 55.02.030 Prohibited Activities. 1. No person shall remove a tree without first obtaining a tree cutting permit from the City pursuant to this chapter. 2. No person 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 Article 55.08 shall do any development activities including, but not limited to, clearing, grading, excavation or demolition work on a property or site that requires ministerial, minor or major development approval, or a public improvement, or a plumbing permit for water or sewer connection, without approved tree protection measures properly installed and maintained pursuant to this chapter. 55.02.080 Criteria for Issuance of Type II Tree Cutting Permits. An applicant for a Type II tree cutting permit shall demonstrate that the following criteria are satisfied. The City Manager may require an arborist’s report to address the criteria for a permit. 1. The tree is proposed for removal because it has outgrown its landscape area or the removal is part of a landscape plan, or in order to construct development approved or allowed pursuant to the Lake Oswego Code or other applicable development regulations. The City Manager may require the building footprint of the development to be staked to allow for accurate verification of the permit application; a. For the purposes of this section, a tree that has outgrown its landscape area may include, but is not limited to, a tree that has grown such that damage to a structure or facility cannot be avoided by pruning or other maintenance, a tree that has grown too large within a constrained space such as a deck or other built feature that was constructed around the tree, or thinning to improve the health of other trees. b. For purposes of this section, a "landscape plan" shall consist of plantings but may also include walkways, patios and other landscape features; the plan must include more than removing the tree for which the Type II permit is requested and planting required mitigation trees; 2. Removal of the tree, considering proposed mitigation measures, will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the character or aesthetics of the neighborhood. This standard is met when removal of the tree(s) does not involve: Page 6 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments a. A significant tree; b. Alterations to the distinctive features or continuity of the neighborhood skyline, as viewed from all public streets and properties within 300 ft. of the property; c. A tree that serves as a visual screen between a residential zone and an abutting non-residential zone, or between a low density residential zone and a medium or high density residential zone, or between a medium and high density residential zone; d. A street tree; or e. Greater than 50% of a stand of trees. Exceptions: This subsection (3) is not applicable when: a. A tree is likely to or will continue to cause damage to a permanent, viable existing structure, or to infrastructure, such as utilities or paved landscape features, that cannot be remedied through reasonable tree maintenance or pruning; or b. Alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. In making this determination, the City may consider alternative site plans or placement of structures (development purpose) or alternate landscaping designs (outgrown landscape area; landscape plan) that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Lake Oswego Code. 4. Removal of the tree is not for the sole purpose of providing or enhancing views; 5. Removal of the tree is not contrary to another other section of the Lake Oswego Code. 56. 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 permit. APPENDIX 55.02-1 Native Mitigation Tree List ** Note to Council and Codifier: All species names below are changed from regular font to italics. Redlining/track changes does not show this. LESS THAN 50 FT (15 M) HIGH NEEDLE- OR SCALE-LEAVED (CONIFERS) Baker CypressCypress, Modoc Cypress Cypress [(Cupressus bakeri]) Western western Juniper juniper [(Juniperus occidentalis]) Page 7 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments Rocky Mmountain Juniper juniper [(Juniperus scopulorum]) Whitebark whitebark Ppine [(Pinus albicaulis]) Knobcone knobcone Pine pine [(Pinus attenuata]) Shore shore Pine pine [(Pinus contorta var. contorta]) Limber limber Pine pine [(Pinus flexilis]) Pacific Pacific or Western western Yew yew [(Taxus brevifolia]) Columbia River Willow [(Salix fluviatilis]) Pacific Willow [(Salix lasiandra]) Scouler’s Willow [Salix scouleriana] Sitka Willow [Salix sitchensis] BROAD-LEAVED (DECIDUOUS AND BROADLEAVED EVERGREEN) Pacific Dogwood dogwood [(Cornus nuttallii]) [Note: Acceptable disease (anthracnose)- resistant cultivar substitutes: Starlight® dogwood (Cornus kousa x nuttallii ‘Starlight’), and Venus® dogwood (Cornus kousa x nuttallii ‘Venus’) and Eddie’s White Wonder dogwood (Cornus nuttallii x florida ‘Eddie’s White Wonder).] Douglas Hawthorn hawthorn [(Crataegus douglasii]) Oregon Crabapplecrabapple, Pacific Crabapple crabapple [(Malus fusca]) Bitter bitter Cherry cherry [(Prunus emarginata]) Cascaracascara, Chittamchittam, Cascara cascara Buckthorn buckthorn [(Rhamnus purshiana]) Pacific willow [(Salix lasiandra]) Scouler’s willow [(Salix scouleriana]) Sitka willow [(Salix sitchensis]) 50-75 FT (15-23 M) HIGH NEEDLE- OR SCALE-LEAVED (CONIFERS) Subalpine subalpine Firfir, Rocky Mountain Fir fir [(Abies lasiocarpa]) Port- Orford- Cedarcedar, Lawson lawson Falsecypress falsecypress [(Chamaecyparis lawsoniana]) [Note: acceptable disease (Phytophthora lateralis)-resistant cultivar if no height requirement of greater than 30 ft.: Silver silver Queen queen Port Port-Orford Cedar -cedar (Chamaecyparis lawsoniana ‘Silver Queen’).] Brewer Spruce spruce [(Picea breweriana]) BROAD-LEAVED (DECIDUOUS AND *BROAD-LEAVED EVERGREEN) White white Alder alder [(Alnus rhombifolia]) Red red Alder alder [(Alnus rubra]) Paper paper Birch birch [(Betula papyrifera]) Narrowleaf narrowleaf Cottonwood cottonwood [(Populus angustifolia]) Quaking quaking Aspen aspen [(Populus tremuloides]) *Canyon canyon Live live Oak oak [(Quercus chrysolepis]) Page 8 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments Oregon White white Oak oak [(Quercus garryana]) California Black black Oak oak [(Quercus kelloggii]) 75-100 FT (23-30 M) HIGH NEEDLE- OR SCALE-LEAVED (CONIFERS) Incense incense Cedar -cedar [(Calocedrus decurrens]) Alaska Cedarcedar, Yellow yellow Cedar cedarypress [(Chamaecyparis nootkatensis (syn. Xanthocyparis nootkatensis)]) Englemann Spruce spruce [(Picea engelmannii]) Lodgepole lodgepole Pine pine [(Pinus contorta var. latifolia]) Mountain mountain Hemlock hemlock [(Tsuga mertensiana]) BROAD-LEAVED (DECIDUOUS AND *BROAD-LEAVED EVERGREEN) Bigleaf bigleaf Maple maple [(Acer macrophyllum]) *Pacific Madrone madrone [(Arbutus menziesii]) Oregon Ash ash [(Fraxinus latifolia]) Tan *Oak *tanoak [(Lithocarpus densiflorus]) *Oregon Myrtlemyrtle, California Bay bay [(Umbellularia californica]) MORE THAN 100 FT (30 M) HIGH NEEDLE OR SCALE-LEAVED (CONIFERS) Pacific Silver silver Fir fir [(Abies amabilis]) White white Fir fir [(Abies concolor]) Grand grand Fir fir [(Abies grandis]) California Red red Fir fir [(Abies magnifica]) Noble noble Fir fir [(Abies procera]) Western western Larch larch [(Larix occidentalis]) Sitka Spruce spruce [(Picea sitchensis]) Jeffrey Pine pine [(Pinus jeffreyi]) Sugar sugar Pine pine [(Pinus lambertiana]) Western western White white Pine pine [(Pinus monticola]) Willamette Valley Ponderosa ponderosa Pine pine [(Pinus ponderosa var. willamettensis]) Douglas F-fir [(Pseudotsuga menziesii]) Coast coast Redwood redwood [(Sequoia sempervirens]) Western western rRed Ccedar [(Thuja plicata]) Western western Hemlock hemlock [(Tsuga heterophylla]) BROAD-LEAVED (DECIDUOUS AND *BROAD-LEAVED EVERGREEN) Golden *golden Chinkapin chinkapin [(Chrysolepis chrysophylla]) Black black Cottonwood cottonwood [(Populus trichocarpa]) Page 9 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments 55.08.010 Applicability. This article is applicable applies: 1. When a person is required to obtain or has obtained: a. A building permit or demolition permit pursuant to LOC Chapter 45; b. Erosion Control Permit pursuant to LOC 52.02.040 2. To any development that requires a development permitactivities authorized by a development permit, pursuant to LOC Chapter 50,; 3. to To any development activities for a public improvement, street and sidewalk construction and repairs pursuant to LOC Chapter 42; 4. and to any activity To excavation related to stormwater structures, water and sewer lines/laterals pursuant to LOC Chapter 38,; or 5. To excavation for irrigation that requires a plumbing permit, pursuant to LOC Chapter 46. 55.08.015 Definitions 1. Except as provided below, the definitions of the terms contained in this Article shall have the same meaning as the term is defined in LOC Article 55.02 and LOC Chapter 50. In the event of conflict, the definition in LOC Article 55.02 shall prevail. 2. Specific Definitions for this Article: a. “Development” / “Development Activities” shall include, but is not limited to: i. actions that are “development” as defined in LOC 50.10.003.2 (except land division and establishment or termination of a right of access); ii. tree removal; iii. grading; iv. excavation; v. preparing the development area(s) for activities (exception: brush clearing for surveying and for installing tree protection fencing); vi. work in the development area(s) in preparation for or as part of development activities; vii. construction; viii. demolition; ix. parking, storage, or movement of construction equipment/materials in the development area(s); and x. removal or placement of soil. b. “Development area(s)” means the areas for demolition, construction, staging, parking, and off-site utility work for the development. c. “Dripline” shall be as defined in LOC 55.02.020. d. “Plan” means approved tree protection plan. e. “Tree” shall be as defined in LOC 55.02.020. f. “Tree protection zone” means the area reserved around a tree or group of trees in which no grading, equipment access, stockpiling or other construction activity shall occur. The tree protection zone is the greater of: (1) the edge of the dripline (including trees where Page 10 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments the canopy extends onto development area(s) from abutting properties), or (2) one-foot protection radius per inch of trunk DBH. Exception: The area of the tree protection zone may be altered by the City Manager, based on documented tree protection measures recommended by a certified arborist that will reasonably protect the tree against construction activities causing the health of the tree to decline or die. 55.08.017 Prohibited Activities 1. Except as provided in Subsection 2 below, no person shall: a. Perform any development activities within a development area when a tree is present in a development area: i. Prior to the tree protection plan’s approval by the City; or ii. Not in accordance with the requirements of the approved Plan. b. Perform any act or activity that is prohibited under the terms of an approved Plan. 2. No arborist shall direct any person, including the applicant, owner, contractor or developer to conduct any act in violation of this Article or a Plan. 3. Pre-construction activities beneath a tree canopy, such as digging of test pits for soil testing, hand digging exploratory excavation to locate tree roots, cutting of vegetative understory to install protection fencing, and similar activities are allowed when a certified arborist is present and the person follows the direction of the arborist in performing the work so that it will not damage or injure the tree. 4. No person shall, within a tree protection zone: a. Dump or store construction materials such as building supplies, soil, or waste items; b. Park vehicles, or place portable toilets, or place equipment. c. Place or apply chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, concrete or dry wall excess, construction debris, or run-off. d. Except as permitted by the Plan, excavate, trench, grade, root prune or other activity within the tree protection zone. 55.08.020 Tree Protection Plan Required. 1. A Tree Protection Plan tree protection plan approved by the City Manager shall be is required prior to conducting any development activities including, but not limited to, clearing, grading, excavation, trenching or tunneling, or demolition work on a property or site, that requires a development permit pursuant to LOC Chapter 50, and to any activity related to stormwater structures, water and sewer lines/laterals, or irrigation that requires a plumbing permit, pursuant to LOC Chapter 46 in a development area. 2. In order to obtain approval of a Tree Protection Plan, an An applicant shall submit a plan to the City, which clearly depicts all trees to be protected on the site. The plan must be drawn to scale and include to the City Manager the following: a. A scaled site plan that includes the following: Page 11 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments i. The development area(s). ii. Location, species, diameter at breast height (DBH), and crown radius for each tree that has tree canopy located over development area(s) of each tree on site and within 15 ft. of the site; biii. Location of the drip line tree protection zone of each tree; civ. Location of existing and proposed roads, stormwater structures, water and sewer lines/laterals, irrigation, and other utility lines/facilities and easements; dv. Location of stormwater facilities; evi. Location of proposed and existing structures; fvii. Grade change or cut and fill during or after construction proposed for the development; gviii. Existing and proposed impervious surfaces; and h. Identification of a contact person and/or arborist who will be responsible for implementing and maintaining the approved tree protection plan; and i. Location and type of tree protection measures to be installed per LOC 55.08.030. ix. Identification of trees proposed or approved for removal. b. Identification of a person who will be responsible for implementing and maintaining the approved Plan, and contact information for the person; c. When an arborist is used to establish (or with city approval alter) a tree protection zone, identification of the project arborist, and contact information for the arborist; d. Location and type of proposed tree protection measures to be installed including the horizontal distance of tree protection fencing from the face of each tree trunk (or group of trees) on each side; e. An inventory of all trees on site, their health or hazard condition, prepared by a certified arborist; f. When a tree protection zone is altered upon recommendation by a certified arborist, the specific proposed tree protection measures for the tree, including recommendations for protection action for each tree. The City Manager may waive one or more of the requirements listed in subsections (a) – (e) based upon the scope of proposed development activities or site-specific circumstances. 3. For minor or major development, the Tree Preservation Plan shall be prepared by an arborist and shall include an inventory of all trees on site, their health or hazard condition, and recommendations for treatment for each tree. 43. The City Manager may impose conditions of approval on any tree protection pPlan if the condition is reasonably related to preventing, eliminating or mitigating a negative impactinjury or damage to on protected trees protected per the Plan that is created or contributed to by the approved development activity. Conditions of approval may include, but are not limited to: Page 12 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments a. Requiring a Report report from a certified arborist outlining the protection measures proposed to prevent and/or limit tree damage or injury from development activitiesmitigate construction impacts to protected trees; b. Requiring Oversight oversight by a certified arborist of all excavation beneath the canopies of protected trees (inside and outside protection fencing) development activities outside the location of approved tree protection fencing and within the greater of (1) the edge of the dripline (including trees where the canopy extends onto the development area from abutting properties), or (2) one-foot protection radius per inch of trunk DBH of the tree to preserve its health or long term viability; c. Requiring Sstatus reports from a certified arborist documenting, with text and photographs, each visit made to the development area(s), the condition, reinstallation, and effectiveness of the tree protection measures, the number, size and actions taken when roots were are encountered, and recommendations for tree health and protection actions during development activity; d. Limiting Mmaterial transport limited to hand work only; e. Use of a pier and grade beam design, or other techniques to protect tree roots; f. Limitings on excavation depth for pathways, sidewalks, driveways, etc. to the removal of the vegetative layer only, with the construction subgrade built up from native grade; g. Arborist assessment Requiring a report from a certified arborist of likely tree damage or injuryimpacts resulting from changes in hydrology; h. Phasing of construction or demolition to limit damage or injuryimpacts to protected trees during demolition and the early stages of construction, such as requiring existing asphalt or concrete to remain in place until near the end of work; i. Limitings on the type and location of permanent irrigation beneath mature tree species; j. Requiring the applicant and the arborist, if required, to suspend development activities when those activities are likely to cause the tree to decline or die, or to cause the tree to become physically unstable or a hazard; and, k. Inspection reports from a certified arboristWaiving the requirement of tree protection fencing when impractical, e.g., access constraints, type of development, limited development. 4. The City Manager shall inspect the installed tree protection measures, and upon approval of their installation, the Plan will be issued. 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 or plumbing activities, including but not limited to clearing, grading, excavation or demolition work, and shall be removed only after completion of the major construction activities outside of the building or completion of the plumbing work. Fencing may be removed at the time of landscaping and irrigation installation any applicable development activities. 2. Protective metal fencing, a minimum of four ft. tall with steel posts placed no farther than eight ten ft. apart and anchored a minimum of two feet into the ground, shall be installed Page 13 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments (unless waived by condition). Fence panels may be used if the base of each panel is anchored a minimum of two feet into the ground with a metal post attached to the fence. This fencing shall be installed at: a. The edge of the tree protection zone(s) or dripline whichever is greater within the development area(s);, or b. Within the tree protection zone or dripline, provided the locations are established by the project arborist so that construction activities will not damage the trees, and the arborist’s findings are approved by the City Manager; and c. At tThe boundary of any open space tracts, sensitive lands, or conservation easements that abut the parcel being developed development area(s). 3. The fencing shall be flush with the initial undisturbed grade. 4. The applicant shall obtain City-issued the tree protection signs template from the City and attach the laminated sign(s) to the protection fencing on a minimum of every 3rd fence section/panel. 5. Activities that are prohibited in a tree protection zone include, but are not limited to, dumping or storage of materials such as building supplies, soil, waste items, or parked vehicles or equipment. Protection fencing and other protection measures shall only be removed after the lattermost of the following, as applicable: a. Installation of utilities and stormwater improvements, b. Construction of the driveway/access lane; and c. Completion of the exterior building walls, e.g., siding, painting, etc. (Protection fencing is typically removed at the time of landscaping.) 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 as part of the tree protection plan. 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 55.08.045 Evidence of Violation Proof of a violation of this Article, or approval issued or granted hereunder shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the Prohibited Activities exist. Prosecution, or lack thereof, of the owner of the property, the occupant, or other person in possession or control of property shall not be deemed to relieve any other responsible person. 55.08.050 Penalties. 1. Civil Violation. A violation of any provision of this article, or the breach of any condition of a tree protection pPlan shall be a civil violation as defined by LOC 34.04.105, Page 14 – Exhibit 1 to Ord. 2830 - Annual Update Non-CDC Code Amendments enforceable pursuant to LOC Article 34.04. Failure to comply with the provisions of this article or a condition of approval shall be a separate offense each day the failure to comply continues. Any Prohibited Activity that damages or injures a tree, or causes a tree removal shall be a separate violation for each tree damaged, injured, or removed. The violation shall be punishable by a fine set forth by the municipal court and the enforcement fee. (If a tree removal occurs due to the violation, the removal would be enforced by LOC Article 55.02.) 23. Nuisance Abatement. The damage, injury or removal of a tree in violation of this chapter article is hereby declared to be a public nuisance, and may be abated by appropriate proceedings pursuant to LOC Article 34.08. 34. Enforcement Fee. a. A person who violates a provision of this article or a condition of a tree protection plan shall pay an enforcement fee to the City in an amount as established by resolution of the City Council. b. Enhanced Enforcement Fee. The City may require the person to pay into the City’s tree fund an increased fee for the tree damaged or injured in violation of this article in an amount as established by resolution of the City Council if any of the following apply: i. The person has committed a previous violation of a provision of this article, or ii. The tree damaged or injured was any of the following: (1). 36 in. DBH or greater; (2) A heritage tree, per LOC Article 55.06; (3) Located within the Willamette River Greenway per LOC 50.05.009; (4). Part of an RP or RC district, or HBA protection area, per LOC 50.05.010; or (5). Located on public right-of-way, City-owned or dedicated property, a public or private open space area or conservation easement. 5. Arborist Report and Required Treatment. Upon request by the City Manager, a person who violates any provision of this article shall submit a report prepared by a certified arborist to evaluate the damage or injury to a tree and make recommendations to mitigate the damage or injury. Upon the City Manager’s evaluation and approval of the mitigating measures, the person shall implement the mitigating measures as directed by the City Manager. Failure to implement the mitigating measures as directed by the City Manager is a separate offense as to each mitigating measure not implemented. 6. Cumulative Remedies. The rights, remedies, and penalties provided in this article 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.