HomeMy WebLinkAboutAgenda Item - 2020-11-03 - Number 5.2 - Ordinance 2854 Non-Community Development Code Amendments 5.2
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Subject: Annual Updates for Non-CDC Code Provisions LOC 42.03.130 (Intersection Sight
Distance); LOC 45.09.065 (Abatement of Dangerous Building Code); LOC 55.02.082 (Tree
Cutting Permit Issuance); LOC 55.02.92 (Tree Cutting Permit Expiration); Repealing Article
12.55 (Compensation Claims under ORS Ch. 197) and Adding LOC 34.02.065 (Helicopter
Landing or Takeoff).)
Meeting Date: Nov. 3, 2020 Staff Member: Evan Boone, and representatives of
Engineering, and Planning and Building Services
departments
Department: City Attorney's Office
Action Required Advisory Board/Commission Recommendation
❑ Motion ❑ Approval
❑X Public Hearing ❑ Denial
❑X Ordinance ❑ None Forwarded
❑ Resolution ❑X Not Applicable
❑ Information Only Comments: Conduct a legislative public hearing,
❑ Council Direction receive public testimony upon the proposed code
❑ Consent Agenda revisions, and decide whether to adopt all (or
portions) of proposed Ord. 2854.
Staff Recommendation: Enact Ordinance 2854.
Recommended Language for Motion: Move to enact Ordinance 2854 clarifying, revising, and
updating the Lake Oswego Code.
Project/ Issue Relates To:
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑Z Not Applicable
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.citv
Page 2
ISSUE BEFORE COUNCIL
Shall the Council adopt Ordinance 2854 (or portions) updating code sections relating to LOC
42.03.130 (Intersection Sight Distance); LOC 45.09.065 (Abatement of Dangerous Building
Code); LOC 55.02.082 (Tree Cutting Permit Issuance); LOC 55.02.92 (Tree Cutting Permit
Expiration); repealing Article 12.55 (Compensation Claims under ORS Ch. 197) and adding LOC
34.02.065 (Helicopter Landing or Takeoff).
EXECUTIVE SUMMARY
This is an annual update of the Lake Oswego Code chapters other than LOC Ch. 50 Community
Development Code (CDC) to clarify and revise various code sections. These amendments are
proposed by various departments in on-going effort to update the code and make regulations
more usable for residents and City staff. (Updates to the CDC are brought to the Council
separately by the Planning Dept., through the land use legislative public hearing process.)
BACKGROUND
Annually City departments present proposed code amendments to improve the readability,
application, or enforcement of existing code sections that they administer. The proposed code
amendments are combined into a single ordinance for the public and Council review.
No prior study session was held before the Council.
DISCUSSION
The proposed revisions affect the following provisions of the Code:
• LOC 42.03.130 (Intersection Sight Distance)
• LOC 45.09.065 (Abatement of Dangerous Building Code)
• LOC 55.02.92 (Tree Cutting Permit Expiration)
• Repealing Article 12.55 (Compensation Claims under ORS Ch. 197)
• Adding LOC 34.02.065 (Helicopter Landing or Takeoff).
Section 1 of Ordinance 2854 repeals LOC Art. 12.55 Review of Claims for Compensation under
ORS 197 (as amended by 2004 Ballot Measure 37) because Measure 37 was replaced by
Measure 49, which is now codified in ORS 195.300 - .336. It included procedures for
considering claims. Article 12.55 is no longer valid. Attachment 1 contains the additional
proposed code amendments in redline, with a brief comment explaining the reason for the
proposed revision.
Below is a list of the respective staff contact person for Councilor inquiries prior to the public
hearing:
• Evan Boone, City Attorney's Office, 503-635-0225 eboone@lakeoswego.citv
o Repealing Article 12.55 Compensation Claim Procedure Under ORS 197 (repealed
and replaced under state law);
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
Page 3
o Adding LOC 34.02.065 (prohibiting helicopter landing or takeoff in City except
with City Manager approval, in emergency, or to preserve life or property); and
o LOC 45.09.065 (Abatement of Dangerous Building)
• Erica Rooney, Engineering Dept., 503-635-0264, eroonev@lakeoswego.citv
o Intersection Sight Distance
• Scot Siegel, Planning and Building Services, 503-699-7474 ssiegel@lakeoswego.city
o Tree Cutting Permit Expiration
(The City Attorney's Office's role has been to compile the code maintenance revisions from
other affected departments and to assist in preparing the commentary; the department
representatives can respond to any detailed questions.)
ALTERNATIVES
Following the public hearing, the Council may adopt all, part, or none of the proposed revisions.
The commentary above regarding the repeal of LOC Art. 12.55 and the commentary in
Attachment 1 addresses the reason for the proposed revision, and thus the consequences of
not adopting the particular proposed revision.
RECOMMENDATION
Enact Ordinance 2854 clarifying, revising, and updating the Lake Oswego Code.
ATTACHMENTS
1. Code Amendments with Commentary
2. Ord. 2854, with Exhibit 1 code amendments (no commentary)
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
Council Report-Attachment 1
Ord. 2854
34.02.065 Helicopter Landing or Takeoff
No person shall land or takeoff a helicopter within the city except upon either prior approval of
the City Manager or in an emergency to protect and preserve life or property. In determining
whether to approve a landing or take-off request. the City Manager may consider the
reauested time and date of the landing or takeoff: the nature of the surrounding area. e.g.,
residential: commercial: right-of-way: effect of noise and flight operations on the surrounding
area: whether notice of the reauest has been given to the surrounding area and any public
comments: and public safety.
Staff Comment: Staff received an inquiry whether or not helicopter landings or takeoffs
are permitted. The Community Development Code (LOC Ch. 50) does not identify a
helicopter landing zone as a permissible primary, temporary, or accessory use. LOC
50.03.002.1.a, .c, and .f. This code section is to address the argument that a one-time/
infrequent use is not a land use, is not subject to the CDC use prohibitions, and is
therefore not prohibited or otherwise restricted by city regulations. The Federal
Aviation Administration flight rules (14 CFR §91.119) address minimum flight
requirements "except when necessary for takeoff or landing"; landing and takeoff is
permitted if the operation is "conducted without hazard to persons or property on the
surface." This code provision does not enter into the FAA regulatory field of helicopter
operations, but rather addresses the one-time/ infrequent effects upon surrounding
property activities and noise. The FAA has not preempted this field. Helicopters for
Agriculture v. County of Napa, 384 F. Supp.3d 1035 (2019). Santa Monica Airport Ass'n
v. City of Santa Monica, 659 F.2d 100 (1981). The "protection of life or property"
exception is to allow emergency helicopter takeoffs and landings, e.g., Life Flight,
without prior staff approval.
42.03.130 Sight Distance at Roadway Intersections, Private Streets and Driveways.
1. Purpose. The City Council finds that to protect the health, safety, property and welfare of
the traveling public and to provide the neat, clean, orderly and attractive appearance of the
community, it is necessary to regulate the design, construction, location, and maintenance of all
roadway intersections, private drives, and driveways that impact the public rights-of-way open
to public travel by all modes.
2. AASHTO Procedures. Sight distance shall be determined and approved generally in
accordance with the procedures as stated in the current AASHTO guidelines using "A Policy on
Geometric Design of Highways and Streets" or "Guidelines for Geometric Design of` Low-
Volume Local Roads (ADT<400}."
Staff Comment: Updates reference to AASHTO's most recent "Guidelines for Geometric
Design of Low-Volume Roads"
Page 1-Council Report-Attachment 1
Ord. 2854
3. Definitions.
a. AASHTO—American Association of State Highway Transportation Officials.
b. ADT—Average Daily Traffic.
c. Clear Sight Triangle—That area enclosed by the lines formed by the intersection
approach legs of roadway(s), private street(s) and driveways and a straight line drawn
diagonally across the corner, connecting those lines at the various distances per AASHTO
guidelines.
d. DBH — Diameter at breast height (4.5 feet).
4. Standards.
a. Sight distance requirements shall apply at all roadway and driveway intersections as
modified below:
i. Adequate intersection sight distance (ISD) per AASHTO shall be provided at all
intersections.
A. If adequate ISD cannot feasibly be achieved, lesser sight distance may be
acceptable upon review and approval of the City Engineer, as long as subsection
(4)(a)(iii) of this section is achieved.
B. Any adjustments made to the calculations per AASHTO guidelines shall be
subject to review and approval by the City Engineer. A written document
submitted by a licensed engineer for sight distance certification shall
accompany the application.
ii. Driveways that serve one residence along local roadways shall maintain a 10-foot
by 10-foot clear vision triangle, measured along the near edge of pavement of the
travel surfaces.
iii. Adequate stopping sight distance (SSD), based on the design speed or 85th
percentile speed of the facility. shall be provided along all public roadways.
Staff Comment: Includes design speed or 85th percentile speed of the roadway. This is
the common traffic engineering standard.
iv. Existing lots of record, not subject to land use permit conditions, shall maximize
ISD and safety when establishing driveway location.
v. New construction or modification to existing intersection must comply with land
use conditions of approval, building permit and/or street opening permit
requirements. A written document submitted by a licensed engineer for sight
distance certification shall accompany the application.
///
45.09.065 Adoption of Uniform Code for the Abatement of Dangerous Buildings.
1. The ICBO 1997 Uniform Code for the Abatement of Dangerous Buildings, except as
modified by this chapter, is hereby adopted as part of the Lake Oswego Building Code.
2. The Building Appelc Ccmmi&ia*City Manaeer shall have the jurisdiction conferred upon
the Board of Appeals under subsection 1 of this section.
Page 2-Council Report-Attachment 1
Ord. 2854
Staff Comment: The current version of the Dangerous Building Code is specified. If a
new version is issued the City would need to expressly adopt it rather than assuming the
"current version" would be applicable (impermissible delegation of legislative authority;
Advocates for Effective Regulation v. City of Eugene, 160 Or App 292, 311, 981 P2d 368,
379 (1999)).
The Building Appeals Commission was repealed by Ord. 2411 (2005); appeals of building
code issues are referred to the Oregon Building Codes Division per ORS 455.475. LOC
45.05.020. The City Manager is substituted as the administrative appeal authority under
the Dangerous Building Code.
55.02.082 Staff Decision and Notice Requirements for Type II Permits and Major Forest
Management Permits: Issuance of Permit.
1. An applicant for a Type II tree cutting permit or a major forest management permit shall:
a. Complete a public notice form. City staff shall distribute the notice to the neighborhood
association whose boundaries include the proposed tree removal site;
b. Complete a 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 cutting permit, post a public notice sign of a
pending tree cutting permit as provided by the City on the subject property or associated
access easement in a location that is clearly visible and readable to vehicles traveling on a
public street and to pedestrians walking or biking by the property. The public notice sign
shall state that a tree cutting permit is pending for trees on the property marked by yellow
plastic tagging tape (or other means approved by the City, in the case of forest
management permits), and shall include:
///
2. Within two business days of thcAfter the close of the 14-day comment period,,—_
a. If the tree cutting permit application is associated with development that is the
subiect of a building permit application, review of the tree cutting permit application shall be
suspended until the associated building permit application is reviewed and the development is
found to be in conformance with the Community Development Code standards. City staff shall
then promptly make a tentative decision approving the permit, approving the permit with
conditions, or denying the permit. (If the development in the associated building permit is
materially different than the development as described in the tree cutting permit application,
the applicant shall modify the tree cutting permit application so that the proposed
development is materially consistent with the development in the associated building permit,
the tree cutting permit application shall then be re-noticed for a new comment period.)
b. If the tree removal permit application is not associated with development that is
the subiect of a building permit. City staff shall promptly make a tentative decision approving
the permit. approving the permit with conditions. or denying the permit.
ac. The tentative decision shall be posted on a Planning Department Internet case file
webpage, referencing the address stated in the posted notice. A notice of tentative decision
shall state the deadline to file a request for hearing.
Page 3 -Council Report-Attachment 1
Ord. 2854
lad. The notice of tentative decision shall be given to the applicant, neighborhood
association, and persons that submitted written comments. The notice of tentative decision
shall be provided by email to the person's/association's submitted email address, or if no email
address is provided by a person but a mailing address is provided, then by first class mail.
3. If no request for a hearing is received within seven days after the tentative decision is
issued and notice of tentative decision is given to the applicant, neighborhood association, and
to persons that submitted written comments pursuant to LOC 55.02.085, the tentative decision
shall be the final decision.
4. If a request for hearing is timely filed, City staff shall immediately post a red sign on the
subject property in the same manner as the posted notice under subsection (1)(c) of this
section, stating a tentative decision on an application for tree removal was issued, a timely
request for hearing was filed, and the location, time and date of the 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.
6. The tree cutting permit shall be issued promptly after the decision approving the tree
cutting removal application is final. except if the tree cutting permit application is associated
with a building permit application. the tree cutting permit shall be issued concurrently with the
building permit.
Staff Comment: This amendment:
1. For Type II tree cutting permits for development purposes, when the
development is also associated with a building permit application:
a. Conforms to the current practice of waiting to issue a tentative decision
until the development proposed in the tree cutting application is reviewed and found to
comply with the Community Development Code ("CDC") standards for the issuance of
the building permit. This assures that tree removal is not prematurely approved for a
development that may not comply with CDC standards or that must be shifted to
comply with CDC standards to the extent that the tree removal is no longer necessary.
b. Separates the decision process from the issuance of the permit.
When a tree cutting permit is associated with a building permit, as discussed in (a)
above, the tentative decision should be made once it is confirmed that the location of
the proposed development is approvable under the CDC standards, so that the decision
can be finalized (and any appeals considered), but the tree cutting permit should not be
issued before the building permit. Concurrent issuance of the tree permit with the
building permit reduces the likelihood that trees are removed but the development is
never built.
2. Changes the two-day period for making a tentative decision on a tree removal
permit to "promptly," and applies "promptly" for both making a tentative decision and
for issuance of the tree cutting permit.
Page 4-Council Report-Attachment 1
Ord. 2854
The fixed time period for making a tentative decision or issuance of the permit when the
decision is final (and approved) gives an expectation of when the decision will be made
or the permit issued, when, as discussed above, there may be good cause not to act
within the fixed time period. A fixed time period also does not allow administrative
prioritization of other work requirements; work flow priorities can be set (and adjusted
when administratively necessary) by the Director of Planning and Building Services.
Finally, absent an automatic effect if the fixed time period is not met, the remedy is for
the applicant to file a writ of mandamus in circuit court to compel the making of a
decision or issuance. Again, staff recommends the timeline be addressed
administratively.
55.02.092 Expiration of Tree Cutting Permits.
1. Dead and invasive tree species removal permits shall have no expiration date.
2. A properly issued tree cutting permit, other than a dead or invasive tree species removal
permit and forest management permit, shall remain valid for:
a. For tree cutting permits issued in coniunction with a development permit or
building permit. for the duration of the development permit or building permit: or
b. For other than subsection (a). for no more than 60 days from the date of
issuance or date of final decision by a hearing body, if applicable. 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 cutting permit has
expired shall be considered a violation of this chapter.
Staff Comment: When a tree removal permit is for development purposes that involves
a development permit (including public improvements, private access lanes, and
associated storm drainage and utility improvements), or a building permit, the permit is
effective upon the issuance of the building permit. Trees cannot always be removed
within 60 days of the building permit issuance due to construction staging or phasing.
This amendment conforms with longstanding staff practice.
3. A minor forest management permit shall remain valid for no more than 180 days from the
date of issuance.
4. A major forest management permit shall remain valid for the period specified by the
approved forest management plan, except as required under subsection (5) of this section.
5. Minor and major forest management permits automatically expire upon approval of an
application for a land division or development on the tract subject to forest management
activities such that the tract would no longer meet the criteria for a large forested tract.
Page 5 -Council Report-Attachment 1
Ord. 2854
ORDINANCE 2854
AN ORDINANCE OF THE LAKE OSWEGO CITY COUNCIL CLARIFYING, REVISING,AND UPDATING
LOC 42.03.130(INTERSECTION SIGHT DISTANCE); LOC 45.09.065 (ABATEMENT OF DANGEROUS
BUILDING CODE); LOC 55.02.082 (TREE CUTTING PERMIT ISSUANCE); LOC 55.02.92 (TREE
CUTTING PERMIT EXPIRATION); REPEALING ARTICLE 12.55 (COMPENSATION CLAIMS UNDER ORS
CH. 197)AND ADDING LOC 34.02.065 (HELICOPTER LANDING OR TAKEOFF).
Whereas, through the application of the Lake Oswego Code, staff of the City Attorney's Office,
Engineering Dept., and Planning and Building Services Dept. have found that some sections of the
Lake Oswego Code could be improved by removing ambiguous and conflicting language, correcting
provisions, and adding to or repealing certain articles of the Lake Oswego Code;
The City of Lake Oswego ordains as follows:
Section 1. Article 12.55 entitled "Review of Claims for Compensation under ORS 197 (as amended
by 2004 Ballot Measure 37)" is repealed in its entirety.
Section 2. The Lake Oswego Code is hereby amended by adding the section and text shown in
double-underlined type and deleting the text shown in strike-through type as set forth on Exhibit 1.
(Section or subsections within the Lake Oswego Code that are not marked for deletion or addition
are neither amended nor deleted by this Ordinance.)
Section 3. Severability. The provisions of this ordinance are severable. If any portion of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Pursuant to Section 35.0 of the Lake Oswego Charter, this ordinance shall take effect
on the thirtieth (30th) day following enactment.
//
//
//
Ordinance 2854
Page 1 of 2
Enacted at the regular meeting of the City Council of the City of Lake Oswego held on the day
of , 2020.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Kent Studebaker, Mayor
Dated:
ATTEST:
Anne-Marie Simpson, City Recorder
APPROVED AS TO FORM:
David Powell
City Attorney
Ordinance 2854
Page 2 of 2
Ord. 2854—Exhibit 1
34.02.065 Helicopter Landing or Takeoff
No person shall land or takeoff a helicopter within the city except upon either Prior approval of
the City Manager or in an emergency to Protect and Preserve life or property. In determining
whether to approve a landing or take-off request. the City Manager may consider the
requested time and date of the landing or takeoff: the nature of the surrounding area. e.g.,
residential: commercial: right-of-way: effect of noise and flight operations on the surrounding
area: whether notice of the request has been given to the surrounding area and any public
comments: and public safetti.
42.03.130 Sight Distance at Roadway Intersections, Private Streets and Driveways.
1. Purpose. The City Council finds that to protect the health, safety, property and welfare of
the traveling public and to provide the neat, clean, orderly and attractive appearance of the
community, it is necessary to regulate the design, construction, location, and maintenance of all
roadway intersections, private drives, and driveways that impact the public rights-of-way open
to public travel by all modes.
2. AASHTO Procedures. Sight distance shall be determined and approved generally in
accordance with the procedures as stated in the current AASHTO guidelines using "A Policy on
Geometric Design of Highways and Streets" or "Guidelines for Geometric Design of Vcry Low-
Volume Local Roads (ADT<400}."
3. Definitions.
a. AASHTO—American Association of State Highway Transportation Officials.
b. ADT—Average Daily Traffic.
c. Clear Sight Triangle—That area enclosed by the lines formed by the intersection
approach legs of roadway(s), private street(s) and driveways and a straight line drawn
diagonally across the corner, connecting those lines at the various distances per AASHTO
guidelines.
d. DBH — Diameter at breast height (4.5 feet).
4. Standards.
a. Sight distance requirements shall apply at all roadway and driveway intersections as
modified below:
i. Adequate intersection sight distance (ISD) per AASHTO shall be provided at all
intersections.
A. If adequate ISD cannot feasibly be achieved, lesser sight distance may be
acceptable upon review and approval of the City Engineer, as long as subsection
(4)(a)(iii) of this section is achieved.
B. Any adjustments made to the calculations per AASHTO guidelines shall be
subject to review and approval by the City Engineer. A written document
submitted by a licensed engineer for sight distance certification shall
accompany the application.
Page 1—Ord. 2854—Exhibit 1
ii. Driveways that serve one residence along local roadways shall maintain a 10-foot
by 10-foot clear vision triangle, measured along the near edge of pavement of the
travel surfaces.
iii. Adequate stopping sight distance (SSD), based on the design speed or 85th
percentile speed of the facility. shall be provided along all public roadways.
iv. Existing lots of record, not subject to land use permit conditions, shall maximize
ISD and safety when establishing driveway location.
v. New construction or modification to existing intersection must comply with land
use conditions of approval, building permit and/or street opening permit
requirements. A written document submitted by a licensed engineer for sight
distance certification shall accompany the application.
///
45.09.065 Adoption of Uniform Code for the Abatement of Dangerous Buildings.
1. The ICBO 1997 Uniform Code for the Abatement of Dangerous Buildings, except as
modified by this chapter, is hereby adopted as part of the Lake Oswego Building Code.
2. The Building Appeals Cemmicgi City Manager shall have the jurisdiction conferred upon
the Board of Appeals under subsection 1 of this section.
55.02.082 Staff Decision and Notice Requirements for Type II Permits and Major Forest
Management Permits: Issuance of Permit.
1. An applicant for a Type II tree cutting permit or a major forest management permit shall:
a. Complete a public notice form. City staff shall distribute the notice to the neighborhood
association whose boundaries include the proposed tree removal site;
b. Complete a 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 cutting permit, post a public notice sign of a
pending tree cutting permit as provided by the City on the subject property or associated
access easement in a location that is clearly visible and readable to vehicles traveling on a
public street and to pedestrians walking or biking by the property. The public notice sign
shall state that a tree cutting permit is pending for trees on the property marked by yellow
plastic tagging tape (or other means approved by the City, in the case of forest
management permits), and shall include:
///
2. Within two business days of thcAfter the close of the 14-day comment period,,—_
a. If the tree cutting permit application is associated with development that is the
subiect of a building permit application, review of the tree cutting permit application shall be
suspended until the associated building permit application is reviewed and the development is
found to be in conformance with the Community Development Code standards. City staff shall
then promptly make a tentative decision approving the permit, approving the permit with
conditions, or denying the permit. (If the development in the associated building permit is
materially different than the development as described in the tree cutting permit application,
the applicant shall modify the tree cutting permit application so that the proposed
Page 2—Ord. 2854—Exhibit 1
development is materially consistent with the development in the associated building permit:
the tree cutting permit application shall then be re-noticed for a new comment period.)
b. If the tree removal permit application is not associated with development that is
the subiect of a building permit. City staff shall promptly make a tentative decision approving
the permit. approving the permit with conditions. or denying the permit.
ac. The tentative decision shall be posted on a Planning Department Internet case file
webpage, referencing the address stated in the posted notice. A notice of tentative decision
shall state the deadline to file a request for hearing.
lad. The notice of tentative decision shall be given to the applicant, neighborhood
association, and persons that submitted written comments. The notice of tentative decision
shall be provided by email to the person's/association's submitted email address, or if no email
address is provided by a person but a mailing address is provided, then by first class mail.
3. If no request for a hearing is received within seven days after the tentative decision is
issued and notice of tentative decision is given to the applicant, neighborhood association, and
to persons that submitted written comments pursuant to LOC 55.02.085, the tentative decision
shall be the final decision.
4. If a request for hearing is timely filed, City staff shall immediately post a red sign on the
subject property in the same manner as the posted notice under subsection (1)(c) of this
section, stating a tentative decision on an application for tree removal was issued, a timely
request for hearing was filed, and the location, time and date of the 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.
6. The tree cutting permit shall be issued promptly after the decision approving the tree
cutting removal application is final. except if the tree cutting permit application is associated
with a building permit application. the tree cutting permit shall be issued concurrently with the
building permit.
55.02.092 Expiration of Tree Cutting Permits.
1. Dead and invasive tree species removal permits shall have no expiration date.
2. A properly issued tree cutting permit, other than a dead or invasive tree species removal
permit and forest management permit, shall remain valid:
a. For tree cutting permits issued in coniunction with a development permit or
building permit. for the duration of the development permit or building permit: or
b. For other than subsection (a). for no more than 60 days from the date of
issuance or date of final decision by a hearing body, if applicable. 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 cutting permit has
expired shall be considered a violation of this chapter.
3. A minor forest management permit shall remain valid for no more than 180 days from the
date of issuance.
Page 3—Ord. 2854—Exhibit 1
4. A major forest management permit shall remain valid for the period specified by the
approved forest management plan, except as required under subsection (5) of this section.
5. Minor and major forest management permits automatically expire upon approval of an
application for a land division or development on the tract subject to forest management
activities such that the tract would no longer meet the criteria for a large forested tract.
Page 4—Ord. 2854—Exhibit 1