Urban Forestry Code Revisions - Citizen Advisory Committee - 06/08/2011 City of Tigard
Urban Forestry Code Revisions CAC
MEETING #9 - (6/8/2011)
Table of Contents
6/8/2011 Meeting Agenda.............................................................................................................................................2
CAC Meeting Summary (4/13/2011) .........................................................................................................................3
Comments ..................................................................................................................................................................... 16
Staff Response to 4/13/2011 CAC Comments on Tree Grove Preservation Incentives................................. 17
Log of Revisions to 4/13/2011 Tree Grove Preservation Incentives ................................................................ 18
Preliminary"Draft"Tree Permit Requirements .....................................................................................................22
Preliminary"Draft" Urban Forestry Manual (Title 8 Contents Only).................................................................94
Staff Memo Clarifying Relationship of Urban Forestry Code Revisions to Urban Forestry Master Plan....124
TAC Meeting Summary (4/19/2011)......................................................................................................................126
TAC Meeting Summary (5/17/2011)......................................................................................................................130
City of Tigard
Urban Forestry Code Revisions CAC - Agenda
MEETING DATE: Wednesday,June 8, 2011, 6:00-8:30 p.m.
MEETING LOCATION: Tigard Public Library
13500 SW Hall Blvd,Tigard, OR 97223
MEETING GOALS: Review and recommend revised draft Tree Grove Preservation Incentives
Review and discuss draft Tree Permit Requirements
Discuss process for comprehensive review
1. (Info) Welcome, introductions and agenda overview 6:00-6:10 PM
• Review Meeting #9 packet materials
• Recap Meeting #8
• Approve Meeting #8 Summary
/Adrienne DeDona/
2. (Info) Public Comment 15:10-6:20 PM
3. (Action) Revised Draft Tree Grove Preservation Incentives 6:30-7:10 PM
/Darren Wyss/
BREAK
4. (Action) Draft Tree Permit Requirements 7:15-7:55 PM
/Todd Prager/
5. (Discussion) Comprehensive Review Process & Next Steps 7:55-8:25 PM
Marissa Daniels/Adrienne DeDona/Todd Prager/
6. (Info) Meeting Wrap up 8:25-8:30 PM
7. (Info) Thanks and adjourn 8:30 PM
Next meeting: August 10, 2011
URBAN FORESTRY CODE REVISIONS CAC AGENDA— June 8, 2011
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 1 of 1
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Tigard Urban Forestry Code Revisions CAC
Meeting#8
April 13,2011
Summary Notes
Committee members in attendance:
John Wyland, Developer Bret Lieuallen,Tree Board
Morgan Holen, Certified Arborist John Frewing, Citizen at-large
Ken Gertz, Portland Metro Homebuilders Dave Walsh, Planning Commission
Brian Wegener,Tualatin Riverkeepers Don Schmidt, Planning Commission
Scot Bernhard, Parks& Recreation Advisory Committee
Committee members absent:
Tony Tycer,Tree Board
Consultant staff present:
Adrienne DeDona,JLA Public Involvement
Kelly Skelton,JLA Public Involvement
Greg Winterowd, Winterbrook Planning
Staff present:
Marissa Daniels, City of Tigard Darren Wyss, City of Tigard
Todd Prager, City of Tigard Gary Pagenstecher, City of Tigard
Members of the public present:
John Annan
Information requests from this meeting:
There were no information requests at this meeting.
Parking lot items and items for further discussion:
Items under the Standards for Development to pay close attention to during the comprehensive
code review are:
• Clarify how to count overhanging tree canopy(trees that have canopy in more than one
lot)
• Determine parking lot canopy requirements interact with parking requirements
• Determine how policy will apply to infill lots (minor land partitions)
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Overview Summary
The following is an overview of the main comments made by members for the three topics/sections of
code discussed at the April 13, 2011 CAC meeting.
Revised draft Urban Forestry Standards for Development
• Most committee members were comfortable with moving forward with the tiered approach
for canopy requirements.
• Some feel the canopy goals in the Urban Forestry Master Plan are too ambitious,they do not
believe that 40%citywide canopy by the year 2047 is acheivable.
• A majority of the group recommended periodic evaluation of the program after adoption to
evaluate implementation. Most thought there should be a review within 1 to 2 years after
adoption and then periodically after that.
Draft Tree Code Preservations
• Many liked the incentives concept, and most felt that staff had accurately responded to their
input at the last meeting. A majority of the group wanted to see increasing incentives with
increasing preservation.
• Some are still concerned about modifying tree groves which can damage the overall
health/stability of the grove. One or two members called for an added incentive to preserve
the entire grove.
• Several liked the incentive of transferring to subsequent development projects excess
canopy credit gained from tree grove preservation.
Tree Permit Requirements Brainstorming
• Four items of general disagreement were discussed; permitting for hazardous/nuisance
trees, protection of dead trees in sensitive lands; protection of native vs. non-native trees in
sensitive lands, and limiting the number of trees that can be removed.There were still areas
of disagreement but there was general agreement that appropriate documentation and ease
of process is key for permitting hazardous/nuisance trees, dead trees should be encouraged
but not protected in sensitive lands, native trees should be the focus of preservation in
sensitive lands, and that there should be no limits on the number of trees that can be
removed.
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Introductions and Agenda Overview
Adrienne welcomed everyone and had the committee go around and introduce themselves for benefit of the
public.
Adrienne then reviewed the goals for this meeting which were:
• Review and recommend revised draft Standards for Development Code
• Review and discuss the first draft Tree Grove Preservation Incentives
• Brainstorm options for Tree Permit Requirements
The committee reviewed the meeting packet and no one had questions or comments.
Adrienne recapped Meeting#7 which included discussion about the urban forestry standards for development.
At this meeting the group ended the discussion with canopy targets needing more conversation. In addition to
discussing the standards for development,the group began brainstorming options for tree grove preservation
which provided the foundation for the first draft of the code staff developed.
Adrienne asked for comments on the summary for Meeting#7. Ken said he'd like a change on page 18,where it
says "Ken agreed to the$125 fee". He suggested to either strike out the statement or put does not agree.The
group then agreed to approve the summary with this change.
Public Comment
Adrienne asked the members of the public in attendance if they had any comments they would like to share
with the committee. There were no comments. There was a citizen in the audience who said she wanted to talk
about her concerns with the tree grove preservation project. Marissa talked to her one-on-one during the
meeting.
Arbor Day
Marissa said City Council discussed Arbor Day at their meeting the night before.The City received its Tree City
USA Designation and Growth Award and presented the Tree Stewardship Awards. Last week 60 kids attended a
presentation at the library where they read a book about trees and worked on tree-related art projects. Adults
attended a hazard tree seminar which was presented by Morgan Holen. On April 22 the Mayor will observe
Arbor Week by planting trees at Metzger Elementary.
John Frewing asked how many came to the hazard tree seminar that was held at the library, Morgan said about
9 people.
Revised draft Urban Forestry Standards for Development —Todd Prager
Adrienne reminded the group that this will be the last time we discuss this topic until the comprehensive review
and the goal for our discussion was to reach consensus on a proposal in order to move forward.
Todd provided the group with a brief presentation on the recent proposed changes made to the draft Standards
for Development code following the last CAC meeting. He explained that his presentation will focus on the
canopy targets due to the direction the CAC provided at the last meeting.
Tigard Urban Forestry Code Revisions CAC Page 3
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Todd explained that during the Urban Forestry Master Plan process the City set an overall goal of achieving 40%
tree canopy citywide. 40%tree canopy is the recommended goal by the American Forests organization for
Pacific Northwest cities. According to the 2010 Regional Urban Forestry Assessment, citywide tree canopy in
Tigard is at 25%. For comparison, the City of Lake Oswego has 47%,the City of Durham has 54%, and the City of
West Linn has 39%. Based on the canopy levels of other Metro cities, and canopy projections during the Urban
Forestry Master Plan process staff is confident that 40%tree canopy is achievable in Tigard.The previous
proposal was to require 40%effective canopy for development which could be met through any combination of
planting trees, preserving existing trees (trees that are preserved receive double credit), paying a fee in lieu of
planting or preservation, or receiving a discretionary approval through green building or development
techniques.The feedback from the CAC was that a blanket 40%effective canopy requirement was too high and
we should be looking to tier the requirements by zone. There were also suggestions to allow averaging across a
development site rather than requiring 40% effective canopy for each lot,while at the same time not creating
too many tiers and overcomplicating the code.
Dave asked for clarification on what kind of credit a neighboring lot gets for a tree whose trunk is next door, but
has canopy overhang into their property.Todd said the tree with the trunk gets the credit for the canopy in both
lots since they have control over the tree and are responsible for it.
Based on the CAC's feedback at the February meeting, staff has come up with this tiered approach:
0 20%effective canopy per lot is required as long the zoning specific effective canopy target is
met across the overall development site.
o The zoning specific targets are broken into three tiers:
• Tier 1 is 40%effective canopy for low and medium density residential.
•Tier 2 is 33% effective
canopy for high density residential, commercial,
- - and mixed uses.
-- Tier 3 is 25% effective
= canopy for industrial, downtown Tigard, and
,. _ schools.
"
-tree planted ZW
�;� tl%q,y
-
treepresewed 4 ='w. ;. This is an example of over 40%effective canopy
(per plan♦ �. -:
site canopy with over 20% per lot.The
preserved trees receive double credit and the
�. canopy over the streets count towards the
�• - - requirement. The overall site exceeds the Tier
- 1 1,40% requirement and each lot exceeds the
20% minimum requirement.
Tigard Urban Forestry Code Revisions CAC Page 4
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-tree planted
j '
tree preserved Here the preserved trees on the lots
- 'j I
(P b,) and natural area receive double
credit, and the street tree canopy
counts. Again,this plan exceeds the
"zt ! Tier 1,40% requirement for the
overall site and the 20% per lot
minimum requirement.
iI A 1 0 H a
This plan is from the Carl's Junior proposed on Pacific
kz _ -
Highway. The preserved trees receive double credit, -- ;E -
and the street and parking lot trees are consistent
-- ,P1 anted
with what they proposed. Two additional trees L s pare€an
would be required in this open landscape area to - ` I ,e Proposed
aaeatete
achieve the Tier 2, 33% requirement for commercial - °Toting-
eerelerue {\'��\\\\
< <. a V
development. `� eE P.`p'a°
This is a slightly revised version of the Red Rock
Center project in the Tigard Triangle that was showed
all
I ._ last time with 33%canopy as required by Tier 2. In
SIL _
this plan there are fewer trees than in their approved
plan, but the spacing is more appropriate for long
49 qft enopyp€anted
term growth consistent with good urban forest
practice.
Example of over 33%canopy for commercial _
(Tigard Triangle).
4X ir=
wwa.sw.nxewnu • • v rover � -�y�
urearrraracmuwmsoxarWo. _ -- I
Tigard Urban Forestry Code Revisions CAC Page 5
Meeting#8 DRAFT Summary
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Example of over 25%effective canopy for Or. -- «'„ "�_ a----
a; This example is from the development on
downtown Tigard (Hall/Hunizker. '° ��� E3 -�; s� e
Hall and Hunziker in downtown Tigard and
—
°perp'e"' ter
Dave asked if other cities use a tiered approach to canopy requirements.Todd replied that he wasn't aware of
any.John Frewing said based on the research he has done,this plan is going way beyond what other cities are
doing, their approaches are much simpler and emphasize preservation of trees. John recommended looking at
the City of Portland's code.
Ken asked about residential developments and how he'll achieve 40%effective canopy when that's almost the
entire yard. He said that it will be next to impossible to get to 40%effective canopy on smaller residential lots.
Brian said he thought the effective canopy was between 25-40%, but that also includes a lot of double counting
for preservation. He added that in order to assure the overall goal is met, all the pieces (planting requirements,
preservation incentives, protected areas, parks, parking lot retrofits, etc) need to be added up.Todd reiterated
the proposal is intended to meet the project goal of leveling the playing field by rewarding sites with existing
trees, and increase trees on sites without tree.There are also fee in lieu and discretionary review options to
provide added flexibility.
Scott asked if staff has any idea what the existing canopy is on undeveloped lands. He thinks an inventory of
buildable and non-buildable lands definitely has to happen. Todd said existing canopy on undeveloped
(buildable lands) is approximately 40%actual canopy.
Morgan said she thinks we are headed in the right direction and she likes the examples. She suggests that we
include a recommendation that regardless of what gets adopted there be a required staff review after one year
with developers, and a report back to the Tree Board.
Bret asked how much canopy would result from 100%coverage on undeveloped lands. He added that small lots
with big houses will have a tough time meeting the requirements. He suggested waiving requirements in some
cases where they are unreasonable, such as small lots with large homes. Todd said the proposal is set up for
applicants to make choices when they are planning their sites. If they eliminate tree planting or preservation
opportunities with large homes on small lots,that is their right but they would have to weigh that with the non-
tree planting methods for compliance (fee in lieu or discretionary review).
At this point Adrienne asked the group to do a quick round robin to close out the discussion on the proposed
draft urban forestry standards for development:
• John W: Ok as it stands, he likes it.
• Bret: Ok as it stands.
• Don: OK.
• Brian: Ok, but concerned that we might not get the actual numbers that are being predicted. He likes
the idea of periodic reviews. The review frequency should depend on how fast development picks up; it
should be done at least once, then ideally again two years later.
• Scott: Ok, but wants to see how it will work in unique situations. He supports putting an evaluation
process in place. Review should happen within 2 years.
• John F:There needs to be multiple periods of evaluation. He's not ok with the proposal. First, these
numbers are based on conjecture of growth over the next 30 years and it does not consider situations
such as powerlines, die-off, etc. There are too many loose ends.John suggested an alternative similar to
Tigard Urban Forestry Code Revisions CAC Page 7
Meeting#8 DRAFT Summary
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Beaverton's approach,where they require a percentage of tree retention combined with a planting
requirement. John didn't think the plan is workable as it stands.
• Ken: Ok, but he doesn't think 40% coverage on a lot is achievable without people cutting down the
trees. He felt the canopy should be 25%, perhaps a little higher if you count overhang. He thinks the plan
should be reviewed after the first year,then the next year, and then maybe space it out every 2 or 3
years after that. Ken inquired about the possibility of a pilot program on an existing development, but
Todd said that probably will not be possible since the City can't amend previously approved land use
decisions.
• Dave: OK, but worried about infill lots and how that will work. He felt there should be a minimal lot size
or a cut off for the regulations. He is concerned about overhanging trees; that both lots should get
canopy credit(not just the one with the trunk). He added that if we are going to sell it to the public it
needs to be generous. Dave has concerns about enforcement after the developer steps out of the
picture and how that will play out. He likes the idea of review at 1, 3, 5 years.
• Morgan: Ok. She feels that discretionary review will address a lot of the concerns and that process
needs to be defined. She also suggested review after 1 year. She felt staff will be capable of
determining a schedule after that.
Tree Grove Open House Report
Marissa gave a quick overview report on the Tree Grove Preservation Open House that took place in February.A
total of 65 people attended the open house. Four development scenarios were created and presented to gather
feedback. They were:
• Option 1: Standard Lot Subdivision—No Tree Grove Preserved
• Option 2: Standard Lot Subdivision—All Tree Grove Preserved
• Option 3: Standard Small Lot Subdivision—40%of Tree Grove Preserved
• Option 4: Row house/Courtyard/Small Lot Subdivision—All of the Tree Grove Preserved
Option 4 was the most supported option. To see the detailed report please visit this City of Tigard website.
Draft Tree Grove Preservation Code — Darren Wyss
Darren reviewed the draft Tree Grove Preservation Incentives developed following the February CAC meeting
and the public Open House. He noted that feedback received from both the CAC and the public was consistent
and included the following directives:
• Clear and objective standards
• Support for minimum density exemptions
• Support for density transfer
o Up to 100%
o Reduced setbacks, increased building heights, smaller lots
o Attached housing, smaller lots
The CAC and the public were not supportive of multi-family in single-family zones or 3-4 story buildings.
Darren explained that currently the code allows for:
• Subdivision/Minor Land Partition
o Limited variances/adjustments
o Type 1/11 decisions
Tigard Urban Forestry Code Revisions CAC Page 8
Meeting#8 DRAFT Summary
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• Planned Development overlay
o Increased flexibility
o Type III decision
Darren reviewed the four options being proposed as part of the draft Tree Grove Preservation code:
Option 1: Standard Lot Subdivision, no tree grove preserved, average lot size 75-8500 SF—28 units
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8
Standard Requirements for Incentives
• Minimum 10,000 square feet on property
• Area outside of currently protected sensitive lands
• Minimum 50% preservation to utilize incentives
• Set aside for permanent preservation
Minimum Density Exemption
• Preservation of 50%or more
o 10,000 square feet minimum
• Buildable portion still subject to requirements
• 18.790.050.C.1
Option 2: Standard Lot Subdivision, all tree grove preserved,75-8500 SF—15 units
ng
we--r—
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Density Transfer
• Up to 100% if 50% preserved
o 10,000 sq. ft. minimum
• Flexible standards (residential)
o Smaller lot sizes, decreased setbacks, attached housing, courtyard housing
• 18.790.050.C.2
o Table 18.790.1—outlines minimum lot sizes
Option 4: Rowhouse/Courtyard/Small Lot Subdivision, all tree grove preserved, average lot size; Rowhouse
34-45000 SF (18), Courtyard 30-35000 SF (4), Small lot 45-5000 SF (6)
f C Existing House
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Krouse
--
---------------
Cou yard House o 0
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Small L H
� h \ i R o �➢s r
Option 3: Standard and Small Lot Subdivision,40%of tree grove preserved,average lot size;Standard 75-8500
SF (11), Small Lot 35-4500 SF (17)
re I Lots
45,138 SP77
1.OSAc
I �
Commercial/Industrial Incentives
• 50% reduction minimum setbacks
• 20 ft additional building height
• Buffering/screening still must be met
Tigard Urban Forestry Code Revisions CAC Page 10
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• 18.790.050.C.3 &4
Ken commented that developers will go for the minimum requirement; maybe there should be an incentive to
go higher, maybe tiered incentives. Greg added that practically speaking it's more difficult to create incentives
for commercial/industrial interests. Fortunately most tree groves are located on residential lands.
Dave questioned what will be an owner's incentive to preserve the tree grove in instances where it is less than
50%. Darren said it's eliminated at that point. Dave asked if there should be something additional, short of a
density bonus.Todd said in cases where requirements are under 50%they would be able to take advantage of
double credit for preservation incentive that is built into the base requirements in 18.790. Brian asked if Parks
Development fees could be a source of funding to incentivize tree grove protection. Todd said that the Tree
Board will be looking at this and other funding options over the course of the next year.
John Frewing said that he agrees with partial savings and strongly encourages the group to revisit the use of
future tree funds. It is a good use of tree funds for the city to initiate easements, or land actions that would pay
the landowners to save the grove.
Brian said that he is concerned that a 100% incentive for 51% preservation will create a situation of unstable
trees by allowing portions of groves to be taken down.Todd clarified that the project arborist will have to sign
off that the preservation is such that the connectivity and viability of the overall grove has been maximized.
Morgan also has concerns with modifying a tree grove, their viability depends on the conditions of the grove,
and an arborist may say it isn't possible. She likes the idea of tiered incentives because full percentages are not
always doable because of the condition of the trees.
Dave commented that in the 100% density transfer example, possibly building something other than a single
family dwelling might result in a Type 3 review. Greg said it's critical that there is a clear and objective path for
approval, and the uncertainty of a discretionary review will cause developers not to use the incentives.
Adrienne asked the group to do a round robin and weigh in on this initial draft. She asked the group if it reflects
the CAC's input, what still needs to be considered, and if there was anything missing?
• Brian: It is adequate, though he felt the incentive is to only protect 51%of the grove. He would like to
see an incentive for protecting the whole grove (if the trees are viable).
• Scott: Concurred with Brian. He is concerned with the consistency of types of homes being built; they
must blend in with the existing dwellings. For example, row houses shouldn't be built within a
neighborhood of larger homes since they would decrease the existing property value.
• John: Staff is generally responding to what was discussed at the last meeting.
• Ken: Ok, but inquired to whether or not the math has been done—need to compare new lots with the
adjacent/existing lot. He recommended a tiered approach as well.
• Dave: Ok with proposal.
• Morgan: She generally likes it but said we haven't talked about the value and structure of the tree
groves. She asked whether we care more about the size of the tree grove or the diversity, health and
habitat value of the grove.
Tigard Urban Forestry Code Revisions CAC Page 11
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• John W.: Also recommended the tiered system, but has some concerns about the smaller homes/lots
devaluing the property.
• Bret: Also likes the tiered approach. He suggested a transferable canopy credit for future development
if excess tree grove canopy is preserved. A few other committee members echoed support for some
type of transferrable credit option.
• Don: Is comfortable with what's been presented and agrees with what others have commented on.
Tree Permit Requirements
Todd provided a brief background on tree permit requirements and an overview of the results of the CAC
survey.
Tree Permit Requirements-Background
Currently tree permits are required in 4 categories:
• Trees in sensitive lands
• Street trees
• Heritage trees
• Trees required to be planted or preserved through a land use decision
The approval criteria for tree removal in sensitive lands are related to erosion control only. If you can provide
erosion control,you can remove the trees.
For the other regulated tree types (street trees, heritage trees, and land use trees), the approval criteria are not
well defined and this process is intended to provide better definition.
The CAC helped develop street tree requirements earlier in this process and recommended that street trees can
be removed if trees are in poor or hazardous condition, considered nuisance trees, causing damage, or
preventing allowed development to occur. Replacement of street trees is required if there is room on site. A
discretionary process is available for the removal for otherwise healthy street trees.
Tree Permit Requirements—CAC survey results
Based on the survey results for this topic, it looks like the CAC is comfortable with extending the street tree
model to the other trees types, but there is disagreement on exactly how that should happen.
The major areas requiring more discussion are:
1. Whether the City should require a permit for trees that are in poor or hazardous condition, damaging
property, or are a nuisance; OR if retaining appropriate documentation is sufficient and no permit
should be required.
2. Whether requirements for trees in sensitive lands should be restricted to native trees only, or both
native and non-native trees.
3. Whether or not dead trees in sensitive lands that are not hazardous and not likely to spread disease
should be protected for their wildlife benefits; and
4. Should there be limits on the number of trees that can be removed in any one year
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The committee broke up into three small groups to discuss their responses to the above discussion topics. The
following is the results of their discussions:
Group 1:John W, Brent, Don
1. They are leaning towards option B-appropriate documentation and no permit.The city needs
to ensure that they are actually replanting a new tree, but make it easy for them to comply
without having to pay the fee.Todd said the consensus of the CAC was to have a low/no fee
permit so it wouldn't be a burden to the property owner to comply.
2. Dead trees should not be protected from removal.
3. Protect native trees only. Allow land owners to remove noxious/non-native trees.
4. It is not necessary to create code that limits the number of trees removed in one year, but
educate the public about the change.
Group 2: Brian, Scott,John
1.-4.They like the concept of notice from the landowner to the City on all four topics. i.e. a no fee
permit process, notice for removal of hazardous or dead trees in sensitive lands, removal of
native/non-native trees in sensitive lands, and cutting more than X number of trees per year.
Requiring documentation will avoid litigation and is really not that different than a self-issue permit.
Group 3: Ken, Dave, Morgan
1. They preferred option B—appropriate documentation and no permit.They felt the process
should be an opportunity to educate people—more of a self-issue permitting process (perhaps
to include submitting pictures to the City).They mentioned having a handbook for street tree
planting. Todd asked if we are looking at revising the street tree code. Group said no; but will
take a closer look at it during the comprehensive review.
2. In regards to dead trees, it depends on the number of trees and proximity. Opportunities for
retention should be sought when possible, but a permit should not necessarily be required.
Dead trees can be valuable depending on the species. They don't necessarily need to be
standing to be valuable for habitat—could be laying down too.
3. There is a difference between native and non-native trees.The 'junky' non-native trees should
be removed.
4. Agree with not limiting the numbers of trees removed per year.
Next Steps
Adrienne explained that the next meeting will be held on June 8th and discussion topics will be the revised draft
Tree Grove Preservation Incentives and the first draft Tree Permit Requirements. This will be our last meeting
before reviewing the comprehensive code.
The meeting adjourned at approximately 9:05 p.m.
Tigard Urban Forestry Code Revisions CAC Page 13
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Tigard-Tualatin School District 23J
Larry Hibbard Administration Center
6960 SW Sandburg Street
Tigard,Oregon 97223
503-431-4000*fax503-4314047 RECE11VE D FTP IN I r
www.ttsd.kl2.or.us
Mr.Todd Prager MAY 0 5 2011
Associate Planner/Arborist
City of Tigard
�� �' 7 �+
May 2,2011
RE: Tree Canopy Requirements
Dear Todd,
I would like to thank you and Marissa Daniels for meeting with me regarding the proposed Tree Canopy ordinance in the City
of Tigard. I appreciate your willingness to listen to the concerns that the District has with the proposal that all properties
within the City of Tigard achieve a 40%tree canopy.
As outlined,the District has several concerns with such an ordinance,to include:
• As the number one source of field space for youth sports it is not feasible to expect that space that is designated for
athletic fields should be included in the acreage that is used to calculate the 40%canopy expectation.
• Achieving a 40%canopy cover would result in unnecessary financial hardship to the District. Initially,the District
would have to pay for the cost to purchase,plant and care for the trees.
• Additionally,such a requirement would substantially increase the amount of money that the District would be required
to spend on landscape services;to include pruning,leaf management and preventative care as the trees become
established. As a public school system,it is our duty to focus expenditures on the classroom to the greatest extent
possible.
Since our meeting I am glad to hear that your proposal to the committee that schools be required to meet a 25%tree canopy
requirement has been accepted. As we discussed,the 25%requirement is much more realistic for a school facility,given that
schools provide a number of outdoor activity spaces that are inherently incompatible with dense tree cover,and it is a standard
that has already been achieved by the majority of our schools. However,it is still the District's position that school campuses
should be exempt from this ordinance for the reasons outlined above. I would continue to encourage both you and the
committee to consider the impact to the school district as the ordinance moves through the adoption process.
I would also note that meeting even the 25%requirement at Tigard High School will be especially problematic. This is
because it is the nature of high schools to provide a substantial amount of outdoor sports facilities,including a track and open
field for track events,and football,soccer,and baseball fields, These sports fields and facilities cannot be encumbered by trees
while still being used for their intended purpose. Further the District would need to incur significant costs in order to achieve
the 25%requirement at Tigard high School. Even so,the District has had a positive and productive partnership with the City
over the last couple of years which has resulted in significant tree planning projects at four of our Tigard schools. It would be
our intention to continue with this partnership to capitalize on opportunities to increase the number of trees in our community,
including at Tigard High School in appropriate locations,in a cost effective and thoughtful manner.
Please contact me if there are any changes in the proposed ordinance that would impact the sehooI district. I would request that
a copy of this letter be included in a record of the proceedings regarding the proposed ordinance.
Sincerely,
't:3414*"
Ernest L.Brown
Director of Human Resources and Operations
Tigard-Tualatin School District
M Phil Wentz,Facilities Manager
Maryann Escriva,Custodial and Grounds Manager
-16-
9 it
Staff Response to April 13, 2011 CAC Input on the
Preliminary Draft Tree Grove Preservation Incentives
CAC COMMENT STAFF RESPONSE CODE
SECTION
Many liked the incentives concept, and most felt that Since the tree grove preservation incentives apply primarily to residential 18.790.050.C.2
staff had accurately responded to their input at the development, staff has modified the density transfer incentive table to allow
last meeting. A majority of the group wanted to see for increased density transfer with increased preservation.
increasing incentives with increasing reservation.
Some are still concerned about modifying tree groves To be eligible for the preservation incentives, the project arborist will be 18.790.050.0.1-5
which can damage the overall health/stability of the required to certify that the preservation is such that the connectivity and
grove. One or two members called for an added viability of the remaining portion of the Significant Tree Grove is maximized.
incentive to preserve the entire grove. This allows the project arborist to work with the applicant on a case by case
basis to address the specific attributes of a particular grove at the time of
development.
To address the goal of maximizing grove preservation, staff has revised the
preservation incentives by allowing increased density transfer with increased
preservation. In addition, there will be an incentive in many cases to
maximize grove preservation to meet the tiered canopy requirements of the
urban forestry plan since double credit is granted for preservation. Finally,
the Tree Board is considering recommending council allocation of funds for
financial incentives that could be offered for maximizing grove preservation.
Several liked the incentive of transferring to The transfer of excess canopy credits was studied by staff, but determined to N/A
subsequent development projects excess canopy be infeasible. To execute such a program there would need to be a protocol
credit gained from tree grove preservation. developed that contained legal components/contracts, as well as record
keeping mechanisms to track the agreements. The budget implications of
setting up the program could not be justified given the uncertainty of results.
Staff recommends instead utilizing any funds for the tree grove preservation
program directly for tree grove purchase and/or easement acquisition rather
than establishing a new and untested program.
-17-
City of Tigard
. . Memorandum
To: Urban Forestry Code Revisions Citizen Advisory Committee
From: Darren Wyss, Senior Planner
Re: Log of Revisions to the April 13, 2011 Preliminary Draft Tree Grove
Preservation Incentives Code Language
Date: May 26, 2011
Section 18.120.030 Meaning of Specific Words and Terms (Code)
Change p. "Significant Tree Grove" - A stand of trees that has been identified as significant
through the Statewide Land Use Planning Goal 5 process. A ffiap-a Significant Tree
Groves Man is maintained by the Director.
Comment n-up of definition.
Section 18.790.050 Flexible Standards For Planting and Preservation (Code)
Change 18.790.050 Flexible Standards For Planting and Preservation
C. Additional Flexible Standards and Incentives for the Preservation of Significant
Tree Groves. A ffiap-a€ Significant Tree Groves Man is maintained by the Director.
The following additional flexible standards and incentives are available when a
development site contains at least 10,000 square feet of native tree canopy that is part of
e -eaitts with a Significant Tree Grove and is not also within the sensitive lands
types in section 18.775.010(G)(1-3). If any of these special flexible standards and
incentives are requested, the project arborist shall clearly demonstrate in the urban
forestry plan (per section 18.790.030(B)) consistency with the applicable provisions.
Comment Clean-up of map name and clarification that all trees (not exclusively native trees)
identified as part of a Significant Tree Grove will count towards the canopy calculation.
The inventory phase of the process did not specifically exclude non-native trees, so to
be consistent with Statewide Goal 5 rule requirements, non-native trees that happen to
have been inventoried as part of a Significant Tree Grove cannot now be excluded from
the calculations to determine eligibility for incentives.
Removal of the "contiguous" reference clarifies that eligible canopy is required to be
consistent with the methodology in the original Significant Tree Grove inventory, and
not simply in close proximity regardless of whether it shares the Significant Tree
-18-
Grove's characteristics. For example, if a cluster of ornamental trees happens to have
canopy that is continuous with an inventoried Significant Tree Grove, the additional
ornamental tree canopy would not be considered part of Significant Tree Grove since it
would not be consistent with the original Significant Tree Grove inventory.
Section 18.790.050 Flexible Standards For Planting and Preservation Code
18.790.050 Flexible Standards For Planting and Preservation
2. Residential Density Transfer. Up to 100% density transfer is permitted
from the preserved portion of a Significant Tree Grove within a
development site to the buildable area of the development site.
(1) Density may be transferred provided that:
a. The standards in Table 18.790.1 below are met with the
preservation of the corresponding percent of the Significant
Tree Grove's canopy within the development not also
within the sensitive lands tunes in section 18,775.010(G)(L-3%-
At least
o
preserved;de-eelapffient site (and fiet also within the sensiti-ee lands I EyF —I
b. The project arborist certifies the preservation is such that the
connectivity and viability of the remaining Significant Tree Grove is
maximized.
c. Maximum density for the net site area including the Significant Tree
Grove is not exceeded; and
d. The standards i Table 18.790.1 below,. ffiet. .-..7
The Significant Tree Grove is protected through an instrument or
action subject to approval by the Director that demonstrates it will
be permanently preserved and managed such as:
i. A conservation easement;
ii. An open space tract;
iii. A deed restriction; or
iv. Through dedication and acceptance by the City.
(2) The proposed development may include the following:
a. Zero lot line single-family detached housing for the portion of the
development site that receives the density transfer.
b. The following variations from the base zone development standards
are permitted:
i. Up to 25%reduction of average minimum lot width;
ii. Up to 10 foot minimum front yard setback;
iii. Up to 33%reduction of side and rear yard setbacks;
iv. Up to 4 foot minimum garage setback; and
V. Up to 20% increase in maximum height as long as height
adjustments comply with the International Building
Code.
c. When the portion of the development site that receives the density
transfer abuts a developed residential district with the same or lower
-19-
density zoning, the average area of abutting perimeter lots shall at
least be 4504eo 75% or greater than the corresponding minimum lot
area of the base residential zoning district ins.
Comment Removed the reference to 50%preservation since a tiered approach is proposed to
incentivize increased preservation. Also clarified the average area of perimeter lots to
be 75% of the base zone minimum lot size. This is to maintain compatibility with
surrounding neighborhoods.
Section 18.790.050 Flexible Standards for Planting and Preservations (Commentary)
Change 18.790.050.2 Residential Density Transfer
The second flexible standard and incentive is residential density transfer. This will allow
applicants to build attached units and reduce lot or unit area so they can
preserve a Significant Tree Grove while building to allowed densities on the non-tree
grove portion of the site. In order to develop with the 100% density transfer, housing
types not typically allowed in lower density zones will now be permitted if a tree grove is
preserved. These housing types include attached single family and duplexes. Currently
these uses are either not permitted in lower density zones, are a conditional use, or
require a Planned Development application. The proposed changes would allow these
uses with the staff level Type II review and not require a public hearing process.
The development standards are adjusted accordingly to accommodate smaller lots
including: 1) reduced lot widths; 2) reduced front, side, and rear yard setbacks; 3)
reduced garage setbacks, and 4) increased building height.
Lots that abut a developed residential zone with the same or lower density are only
allowed a 25%reduction in lot area so they are more compatible with the abutting lots.
The applicant would also be required to work with their project arborist to designate
5004 ..r their tree grove for preservation,maximize the connectivity and
viability of the remaining portion of the tree grove, and protect the remaining tree grove
through a conservation easement or other protective instrument.
Comment Removed the reference to 50% preservation since a tiered approach is now under
consideration.
Section 18.790.050 Flexible Standards For Planting and Preservation Code
Change Table 18.790.1
Density Transfer Table For Preservation of Significant Tree Groves
Residential Detaehed en Attached en Duplex Multif&Enily
Zoning Or-eaeftyar-
Distrie Mininium Lot Sizm single famil Mino Mit
housing size Area
T iiii.�.,.,f.Let
�vs
Size
NAwt Al Il Pea ot-� Ctk
-20-
R-4 10,000 sqf cc nn�ft. Nat n Not Allowed
* 3.5 Sq=ft, Not Allewe�
R-4.5 2,500 sq.ft. 7,500 sq.4t, Net Allewer
R`72,000 sq. ft. sq,ft-, Net n �
R42 Single family,duplex and ffpaltifamily housing pefmitted at the following densities.
2-M .
740 sq. ft.fninimuffi-l�
R-49
l
Residential Detached SQ,FT. Attached SQ.FT. IZu x Multifamily
ZQnin Percent Tree Grove Percent Tree Grove Percent Tree Grove Percent Tree
District Canopy Preserved/ Canopy Preserved/ Canopy Preserved/ Grove Canon
Min Lot or Unit Area Min Lot or Unit Min Lot or Unit Area Preserved/
Area Min Unit Area
R1 25-49%/22.500 sq.ft.
30.000 sq.ft. 50-74%/15.000 sq.ft. Not Allowed Not Allowed Not Allowed
er nit 5-100° 500 s .
B--2 25-49%/15,000 sq,ft. Permitted with 75%
50-74%/10,000 sq.ft. or greater tree grove
20.000 sq.ft. 75-100%/5,000 sq.ft. canopy preservation Not Allowed Not Allowed
er nit /5.000 s .ft.
R 3.5
25-49%/7,5 00 sa.ft. Permitted with 75% Permitted with 75%
50-74%/5.000 sq.ft. or greater tree grove or greater tree grove
10.000 sq.ft. 75-100%/2.500 sq.ft. canopy preservation canopy preservation Not Allowed
er unit 2 00 .ft Z 5,000 .At
R9.5 25-49%/5.625 sq.ft. Permitted with 75% Permitted with 75%
50-74%/3,750 sq.ft. or greater tree grove or greater tree grove
7.500 sq.ft. 5-100%/1.875 sq.ft. canopy preservation canopy preservation Not Allowed
er unit /1.875 s .ft.. /3,750 sq,ft.
BZ 25-49%/3,7 Permitted with 75% Permitted with 75%
50-74%/2,500 sq.ft. r greater tree grove or greater tree grove
(5.000 sq.ft. Not Allowed
75-100%/1,250 sq,ft. canopy preservation canogy preservation
er unit L1,250 sg.ft. /2,500 sq.ft.
R12 Single family,duplex and multifamily housing permitted at the following densities:
3.050 ne 25-49%tree grove canopy preservation/2.288 sq,ft.per unit
r 50-74%tree grove canopy preservation/ 1.525 sa.ft.per unit
11MLt) 5-100° tree grove canopy re a ion 763 sq.ft.^erunit
R--25 Single family,duplex and multifamily housing permitted at the following densities•
1.480 sq.ft. 25-49Ztree grove canopy preservation/1.110 sa.ft.per it
er unit 50-74%tree grove canopy preservation/ 740 sq.ft.per unit
75-100%tree grove canopy reservation/370 s .ft. er unit
R40 Single family,duplex and multifamily housing permitted with no upper density limit.
one
Comment Tiered approach to residential density transfer. This allows the reduction of minimum
lot size to 75% of base zone with 75% or greater preservation. This will provide greater
flexibility when designing a site in order to meet the adjacent development compatibility
component. The previous table allowed only up to 50% reduction of base zone
minimum lot size.
-21-
CITY OF TIGARD
URBAN FORESTRY CODE REVISIONS PROJECT
DRAFT CODE AMENDMENTS:
HAZARD TREES (AUG 2010)
STREET TREES (OCT 2010)
USE OF CURRENT TREE REPLACEMENT FUND (NOV 2010)
URBAN FORESTRY STANDARDS FOR DEVELOPMENT (FEB 2011)
TREE GROVE PRESERVATION INCENTIVES (APR 2011)
TREE PERMIT REQUIREMENTS (JUN 2011)
PRELIMINARY DRAFT
June 8, 2011
-22-
Acknowledgements
Tigard City Council
Mayor Craig Dirksen
Council President Gretchen Buehner
Councilor Nick Wilson
Councilor Mark Woodard
Councilor Marland Henderson
Tigard Planning Commission
Dave Walsh,President
Jeremy Vermilyea,Vice President
Tom Anderson
Margaret Doherty
Karen Ryan
Timothy L. Gaschke
Stuart Hasman
Donald Schmidt,Alternate
Richard Shavey,Alternate
Citizen Advisory Committee
Scott Bernhard,DC,Parks and Recreation Advisory Board
Dave Walsh,Planning Commission
Don Schmidt,Planning Commission
Bret Lieuallen,Tree Board
Tony Tycer,Tree Board
Ken Gertz,Portland Metropolitan Home Builders
John Wyland,Developer
Brian Wegener,Tualatin Riverkeepers/Board Member of Oregon Community Trees
Morgan E. Holen,ISA Certified Arborist
John Frewing, Citizen at Large
Technical Advisory Committee
Susan Harnett,Assistant Community Development Director
Brian Rager,Assistant Public Works Director
Gus Duenas,Development Engineer
Ted Kyle, City Engineer
Steve Martin,Parks and Facilities Manager
Kim McMillan,Engineering Manager
Gary Pagenstecher,Associate Planner
Todd Prager,Associate Planner&City Arborist
Nate Shaub, GIS Analyst
Albert Shields,Permit Coordinator
Carla Staedter, Surface Water Quality Coordinator
Mark Van Domelen,Building Official
Vance Walker, Streets Supervisor
Damon Reische, Clean Water Services
Ron Kroop, ODOT District 2A Manager
Mark Buffington, ODOT Region 1 Landscape Manager
-23-
Additional Tigard Staff Contributors (Not on Technical Advisory Committee)
Craig Prosser, City Manager
Ron Bunch, Community Development Director
Dennis Koellermeier,Public Works Director
Darren Wyss, Senior Planner
Cheryl Caines,Associate Planner&Code Editor
Marissa Daniels,Associate Planner
John Floyd,Associate Planner
Doreen Laughlin, Senior Administrative Specialist
Patty Lunsford,Planning Assistant
-24-
Table of Contents
ProjectSummary .........................................................................................
Background .................................................................................................
DevelopmentCode Amendments.......................................................................
-25-
Project Summary
Tigard City Council adopted the Urban Forest section of the Comprehensive Plan in 2008 and
accepted the Urban Forestry Master Plan (UFMP) in 2009 to help guide and inform an update of the
City's tree and urban forestry related code provisions. The Urban Forestry Code Revisions project
implements four goals of the UFMP including: 1) Revise Tigard's tree code (Chapter 18.790); 2)
Revise Tigard's landscaping code (Chapter 18.745); 3) Develop a tree grove preservation program;
and 4) Develop a hazard tree identification and abatement program.
Background
The Urban Forestry Code Revisions project will address the UFMP goals through a series of six
thematic code packages including 1) Hazard Trees; 2) Street Trees; 3) Use of the Tree Replacement
Fund;4) Urban Forestry Standards for Development; 5) Tree Grove Preservation Incentives, and; 6)
Other Tree Permits. These packages will be developed sequentially by staff under Technical and
Citizen Advisory Committee (TAC and CAC) review through September 2011. On consensus by
the Advisory Committees, the proposed code amendments will be forwarded as a single package to
the Planning Commission after review by a panel of development and urban forestry experts.
Commission hearings will be scheduled for the beginning of 2012 with City Council hearings and
adoption by April 2012.
Tree Permit Requirements
The tree permit requirements are intended to establish clear and consistent standards for permitting
the planting,maintenance, removal, and replacement of protected classes of trees in situations where
the urban forestry standards for development do not apply. The tree permit requirements,including
definitions, permit procedures, authorization for the urban forestry manual, and enforcement
provisions have been consolidated into a single municipal code title (Title 8, Urban Forestry) for
ease of use. Hazard tree evaluation and abatement procedures and Heritage tree nomination and
approval procedures have been included in Title 8 as well.
The classes of trees subject to the tree permit requirements include: 1) Street and Median Trees; 2)
Trees in Sensitive Lands; 3) Trees that were Required with Development; 4) Trees that were Planted
using the Urban Forestry Fund; and 5) Heritage Trees.
Permits are required for planting street and median trees since their placement and species have
significant potential to impact public safety. Maintenance of all the protected tree classes is required
to be consistent with tree care industry standards. Permits for removal of protected trees are issued
through the City Manager Decision Making Procedures or the City Board or Commission Decision
Making Procedures.
The City Manager Decision Making Procedures are implemented administratively by City staff
without public review for simple situations such as trees that are in poor or hazardous condition,
nuisance trees, causing damage, or preventing allowed development to occur. The City Board or
Commission Decision Making Procedures are implemented through a public review process by a
designated board or commission for more complex situations where the reasons for removal are
unclear. The designed board or commission is authorized to use their discretion to weigh the tree
benefits and reasons for removal when making their decision. Replacement of protected trees is
required through planting or a fee in lieu unless there is not room on site.
Finally, the Heritage Tree process has been slightly revised to allow for designation of "Significant
Trees"in cases where a permanent protection of a tree is not desirable.
-26-
Municipal Code Amendments
How to Read This Section
This section is organized by Municipal Code chapter number. Odd-numbered pages show the
existing language with (proposed/recommended/adopted) amendments. Text that is
(proposed/recommended) to be added to the code is shown with double underlines. Text that is
(proposed/recommended) to be deleted is shown with strikethrough.
Even-numbered pages contain commentary on the amendments,which establish,in part, the
legislative intent in adopting these amendments.
-27-
Commentary
Chapter 7.40 Nuisances
Sections 7.40.050 (Noxious Vegetation), 7.40.060 (Trees), and 7.40.090 (Greenway Maintenance)
contains provisions that address hazard trees. Hazard trees are addressed through Chapter 8.08
and replace the existing provisions in Chapter 7.40.
-28-
Code Amendments
TIGARD MUNICIPAL CODE
Chapter 7.40 NUISANCES.
ARTICLE I. GENERAL PROVISIONS
7.40.010 Short Title.
7.40.020 Definitions.
7.40.030 Nuisances Designated--Class 1 Infraction.
ARTICLE II. PUBLIC HEALTH NUISANCES
7.40.040 Nuisances Affecting The Public Health.
ARTICLE III. NUISANCES AFFECTING PUBLIC SAFETY.
7.40.050 Noxious Vegetation.
7.40.060 Trees.
7.40.070 Streets And Sidewalks.
7.40.080 Vehicles Not To Drop Material On Streets.
7.40.090 Greenway Maintenance.
7.40.100 Open Storage Of Junk.
7.40.110 Attractive Nuisances.
7.40.120 Scattering Rubbish.
7.40.125 Graffiti.
ARTICLE IV. NUISANCES AFFECTING THE PUBLIC PEACE
7.40.130 Prohibition On Excessive Noises.
7.40.140 Sound Measurement.
7.40.150 Definitions.
7.40.160 Noise Limits.
7.40.170 Prohibited Noises.
7.40.180 Exceptions.
7.40.190 Maximum Limit For Certain Activities.
7.40.200 Evidence.
ARTICLE VI. VIOLATION--PENALTY
7.40.210 Penalty For Chapter Violations.
-29-
Commentary
7.40.050.B.4 Noxious Vegetation
The amendment is designed to replace a list of items with an inclusive term (vegetation) to avoid
identification of trees and stumps that might otherwise be beneficial for wildlife habitat and/or
erosion control and are not"likely to cause fire".
7.40.060.B Trees
Hazard trees are addressed in a comprehensive way through Chapter 8.08 and replace the
existing provisions that lack sufficient clarity for hazard tree evaluation and abatement.
-30-
Code Amendments
ARTICLE III. NUISANCES AFFECTING PUBLIC SAFETY.
7.40.050 Noxious Vegetation.
A. The term "noxious vegetation" does not include vegetation that constitutes an
agricultural crop,unless that vegetation is a health hazard, a fire hazard or a traffic hazard, and it
is vegetation within the meaning of Subsection B of this section.
B. The term "noxious vegetation" includes:
1. Weeds more than ten inches high;
2. Grass more than ten inches high and not within the exception stated in
Subsection A of this section;
3. Poison oak,poison ivy, or similar vegetation;
4. Vegetation that is
likely to cause fire;
5. Blackberry bushes that extend into a public thoroughfare or across a
property line;
6. Vegetation that is a health hazard;
7. Vegetation that is a health hazard because it impairs the view of a public
thoroughfare or otherwise makes use of the thoroughfare hazardous.
C. No owner or responsible party shall allow noxious vegetation to be on the
property or in the right-of-way of a public thoroughfare abutting on the property. The owner or
responsible party shall cut down or destroy grass, shrubbery, brush,bushes,weeds or other
noxious vegetation as often as needed to prevent them from becoming unsightly or,in the case
of weeds or other noxious vegetation, from maturing or from going to seed. (Ord. 86-20
§4(Exhibit C(5)(1)), 1986).
7.40.060 Trees.
A. No owner or responsible party shall permit tree branches or bushes on the
property to extend into a public street or public sidewalk in a manner which interferes with
street or sidewalk traffic. It shall be the duty of an owner or responsible party to keep all tree
branches or bushes on the premises which adjoin the public street or public sidewalk,including
the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk
and not less than 13"feet above the street.
B. No o"er-or-responsible party sha14 a4ow to stand any dead or-deeaying that is in
-31-
Commentary
7.40.090.A.2 Greenway Maintenance
The provisions of Chapter 8.12 (Trees in Sensitive Lands) address the removal of trees in
sensitive lands in a more comprehensive way than the existing provisions in Chapter 7.40. The
term "greenway"is not defined in the code, and "sensitive lands" could be considered
equivalent. Removing the provisions of 7.40.090.A.2 is an interim solution until a more
comprehensive review of section 7.40.090 occurs.
-32-
Code Amendments
7.40.090 Greenway Maintenance.
A. The owner or responsible party shall be responsible for the maintenance of the
property, subject to an easement to the City or to the public for greenway purposes. Except as
otherwise provided by this section and Sections 7.40.050 through 7.40.120, the standards for
maintenance shall be as follows:
1. The land shall remain in its natural topographic condition. No private
structures, culverts, excavations or fills shall be constructed within the easement area unless
authorized by the City Engineer based on a finding of need in order to protect the property or
the public health, safety or welfare.
2. No tree over five feet in height shall be removed ttrAess authorized by the
Plafhning Direeto-r based on a finding that the tr-- r a hazard.
32. Grass shall be kept cut to a height not exceeding ten inches, except when
some natural condition prevents cutting.
B. In situations where the approval authority establishes different standards or
additional standards, the standards shall be in writing and shall be recorded. No person shall be
found in violation of this section of the code unless the person has been given actual or
constructive notice of the standards prior to the time the violation occurred. (Ord. 86-20
§4(Exhibit C(5)(3)), 1986).
-33-
Commentary
Chapter 8.02 DEFINITIONS AND RULES
Chapter 8.02 is a foundational chapter for Title 8 because it established the definitions and rules for
reading and applying the provisions in Title 8 and the Urban Forestry Manual.
8.02.010 Purpose
The purpose statement explains that the chapter provisions apply to Title 8 and the Urban Forestry
Manual and the intent is to provide definition and consistency of terms between the various urban
forestry related chapters,rules,regulations,and provisions.
8.02.020.1 General Provisions
Many trees are subject to the provisions of multiple chapters in Title 8. For example,a Heritage
Tree that was also required to be preserved with development. When permitting the removal of this
type of tree,the more restrictive provisions of Chapter 8.18 (Heritage Trees) would apply.
Trees that are permitted to be planted,removed,or replaced by a Title 18 land use permit do not
also require a Title 8 tree permit. For example, street trees required to be planted by Chapter 18.745
do not also require a Chapter 8.10 street tree planting permit.
-34-
Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chanter 8.02 DEFINITIONS AND RULES
Sections:
8.02.010 Purpose.
8.02.020 General Provisions.
8.02.030 Definition of Specific Words.
8.02.010 Purpose.
The p uutpose of this Chapter is to:
(11 Provide standard definitions of words for Title 8 of the Tigard Municipal Code and
corresponding administrative rules and supplemental regulations in the Urban Forestry Manual:
(21 Ensure consistent definitions of urban forestry related words between Title 8_Title 18.the
Urban Forest Manual and the other Titles in the Tigard Municipal Code: and
Ql Provide general rules for reading and Wpl)ing the code language in this Title and
corresponding administrative rules and supplemental regulations in the Urban ForestrzManual.
8.02.020 General Provisions.
11 Readingani lig the Code. When a conflict arises as a result of a particular tree
situation spanningmulttchapters and administrative rules and supplemental regulations; the more
restrictive provisions shall apply. When it cannot be determined which provisions are more
restrictive:the more specific provisions shall aply. When tree planting_removal. and/or
replacement is approved through a Title 18 land use permit.no Title 8 tree permit is required.
-35-
Commentary
8.02.020.2 and 3 General Provisions
Unless defined in the code,words have their common dictionary definition.
Standards for tenses and uses are included to add clarity for interpretation of the code.
8.02.030 Definition of Specific Words.
All previously developed definitions have been carried forward from the "Hazard Trees", "Street
Trees", "Urban Forestry Standards for Development",and "Tree Grove Preservation Incentives".
The following additional definitions have been developed to address provisions in Title 8.
Certified Forester: This term is defined because certified foresters (in addition to certified arborists)
are permitted by Title 8 and the Urban Forestry Manual to approve the thinning of protected stands
of trees.
Heritage Tree:This term has been revised slightly from the previous iteration to remove reference to
Chapter 9.08 since Heritage Trees will be administered through Chapter 8.18.
Significant Tree:This term is added because Chapter 8.18 authorizes designation of trees as
"Significant Trees"rather than "Heritage Trees"when permanent protection is not desirable.
Thinning:This term is added because thinning of protected stands of trees under the supervision of
a certified arborist or certified forester to improve stand health is permitted by Title 8 and the Urban
Forestry Manual.
-36-
Code Amendments
(2) Defining Words. Words used in this Title and corresponding administrative Procedures
have their normal dictionary meaning unless they are listed in section 8.02.030 below or section
18.120.030. Words listed in section 8.02.030 or section 18.120.030 have the specific meaning stated,
unless the context clear indicates another meaning
(3) Standards for Tenses and UsaM
(A) Words in the singular include the plural. The reverse is also true.
(B) Words in the present tense include the future tense. The reverse is also true.
(C) The words "shall." "will." and"may not" are mandatory.
(D)�"May"is permissive.
(E) "Prohibited" means that a particular activity is in violation of this Title.
(F) When used with numbers. "At least x." "Up to x." "Not more than x"and"a
maximum of x" all include—x
(G) Unless the context clearly indicates otherwise, the following conjunctions have the
following meanings:
i. "And"indicates that all connected items or provisions apply:
u. "Either...or"indicates that the connected items or provisions apples inwal
arly.
but not in combination.
(H) Lists of items that state "including the following," "such as" or similar language are
not fmited to just those items. The lists are intended to provide examples,but not to be exhaustive
of all possibilities.
8.02.030 Definition of Specific Words.
The definition of words with specific meaning in Title 8 and corresponding administrative
procedures are as follows.
(1) "Caliper" -The tree care industry standard for measuring the trunk diameter of
nursery stockCaliper is the average diameter of the trunk of a nursery tree measured six=(61 inches
above the ground for trunks less than or equal to an average of fog ) inches in diameter(when
measured six (6) inches above ground). When the trunk of a nursery trigreater than an avera
of four ) inches in diameter ,when measured six (6) inches above groun�caliper is the Aragg
diameter at 12 inches above ground.
-37-
Commentary
8.02.030 Definition of Specific Words.
Definitions continued.
-38-
Code Amendments
( 1 "Certified Arborist" -An individual certified by the International Societe of
Arboriculture as a certified arborist.
( ) "Certified Forester"-An individual certified by the Society of American Foresters as a
certified forester.
(4) "Certified Tree Risk Assessor" -An individual certified by the International Society of
Arboriculture to conduct tree risk assessments.
( 1 "Covered Soil Volume" -A volume of soil that is under pavement and specially
designed to support the growth of a tree. Covered soil volumes contain existing_new or amended
soil with the physical_ chemical_ and biological properties necessary to support the growth of a tree_
while at the same time supporting the load-bearing requirements and engineering standards of the
overlying pavement. Covered soil volumes would not be considered tree growth limiting by==a=
project arborist in an urban forestrVplan developed per the standards in chapter 18.790 and
corresponding administrative procedures.
(6) "Development Impact Area" -The area on a site or right of way associated with a site
affected by=and all site or right of way mprovements_including but not limited to buildings_
structures,walls_ ap rking and loading areas_ street improvements payed and graveled areas_utilities_
irrigation_equipment storage_ construction parking; andand landscaping. The impact area also refers to
areas of grading, filling, stockpiling,demolition_ tree removal_ trenching,borinIz,and an other
activities that require excavation or soil disturbance.
(71 "Diameter at Breast Height (DBHI" -The average diameter of the trunk of a tree
measured 41/2 feet above mean ground level at the base of the trunk. If the tree splits into multiple
trunks above ground,but below 41/2feet_the DBH is the average diameter of the most narrow poin
beneath the split. If the tree has excessive swelling at 41/2 feet_the DBH is the average diameter of
the most narrow point beneath the swelling. If the tree splits into multiple trunks at or directly
below ground_it shall be considered one tree and the DBH shall be the square root of the sum of
the cross-sectional area of each trunk at 41/2 feet above mean ground level multiplied byy 1,1284.
(8) "Dripline" -The outer limit of a tree canopy projected the ground.
(9) "Hazard Tree" - Any tree or trete art that has been or could be determined by an
independent certified tree risk assessor to constitute a high level hazard requiring hazard tree
abatement with an overall minimum risk rating of 8 for trees or tree parts up to 4 inch DBH_ 9 for
trees or tree parts greater than 4 inch and un to 20 inch DBH;or 10 for trees or tree parts mater
than 20 inch DBH using the most current version of the tree risk assessment methodology
developed by the International Society of Arboriculture.
(10) "Hazard Tree Abatement" -The process of reducing or eliminating a hazard to an
overall risk rating of less than 8 for trees or tree parts up to 4 inch DBH_ 9 for trees or tree parts
greater than 4 inch and up to 20 inch DBH_ or 10 for trees or tree parts greater than 20 inch DBH
using the most current version of the tree risk assessment methodology developed by the
International Society of Arboriculture through pruning_tree removal_ or other means in a manner
that complies with all applicable rules and regulations.
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Commentary
8.02.030 Definition of Specific Words.
Definitions continued.
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Code Amendments
(11) "Hazard Tree Owner or Responsible Party" -The property owner or responsible
party with the largest percentage of a hazard tree trunk immediately above the trunk flare or root
buttresses. In cases where the hazard tree consists of a branch instead of an entire tree, the hazard
tree owner or responsible party is the person who owns or is responsible for the properW from
where the branch originates.
(12) `H�e_rit ge Tree" - Anv tree or stand of trees of landmark im pl a ce due to a e_ size_
species,horticultural quali . or historic importance that has been approved as a Heritage Tree by
Tigard City Council.
(13) "Median Tree" -Any tree within the public right of way under City of Tigard
jurisdiction between opposing lanes of vehicular traffic, Trees in the centers of cul-de-sacs and
roundabouts within the public right of way under City of Tigard jurisdiction shall also be considered
median trees.
(14) "Nuisance Tree" -Any tree included on the Nuisance Tree List in the Urban Forestry
Manual i
(15) "Open Grown Tree" -Anv tree that has grown and established in an isolated manner
without significant competition for light space, and nutrients from other trees. Open grown trees
g ne erallv retain more foliage_develop neater trunk tapers,have more extensive root sy stems. and are
more resistant to windthrow than stand grown trees.
(16) "Open Soil Volume" -An unpaved volume of soil,which contains existing,new or
amended soil with the physical. chemical. and biologz cal properties necess=to suppor� t the Wo�wtli
of a tree. Open soil volumes would not be considered tree aowth limiting by a project arborist in an
urban forestry planes ed per the standards in chapter 18.790 and corresponding adriirLstrative
procedures
(17) "Parking Lot Tree"-Any tree used to meet the requirements in section
18.745.050(El.
(18) "Significant Tree" -Any tree or stand of trees of landmark importance due to ale.
size, horticultural duality, or historic importance that has been approved as a Significant Tree
by Tigard City Council or the designated City Board or Commission and accepted by the tree owner
or responsible party.
(19) "Sigriificant Tree Grove" -A stand of trees that has been identified as significant
through the Statewide Land Use Planning Goal 5 process. A Significant Tree Grove Map is
maintained by the Director of CommunityDevelop ment for the City of Tigard_ or desigaM
(20) "Stand (Of Trees)" -A distinct area of stand grown trees, often predominant) n
and with contiguous canopies,which form a visual and/or biological unit.
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Commentary
8.02.030 Definition of Specific Words.
Definitions continued.
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Code Amendments
(211 "Stand Grown Tree"--Any tree that has grown and established in close association
with other trees and, as a result,has experienced significant competition for lightpace, and
nutrients from other trees. Stand grown trees generally retain less foliage_develop less trunk taper
have less extensive root systems_and are less resistant to wndthrow than open grown trees.
(22) "Street Tree" -Any tree equal to or greater than 11/z inch caliper or DBH within-a
public rip_htof way under City of Tivardurisdiction or easement for public access under Ci
Tigard jurisdiction, or any tree equal to or greater than 11/2 inch caliper or DBH outside of a public
rizht of way or easement for public access that the City can demonstrate was planter reserved as
a street tree to meet the requirements for a City permit or nroiect. Median trees shall not be
considered street trees.
(231 "Thinning" -A tree removal practice that reduces tree density an�petid
between trees in a stand.Thinning concentrates growth on fewer,high-duality trees and generally
enhances tree health.
(24) "Tree" -A woody perennial plant;often with one dominant trunk; the capacit��to
achieve a mature heigjat greater than 16 feet; and primarily referred to as a tree in scientific Literature.
(25) "Tree Canopy" -The area above ground which is covered by the trunk.branches;
and foliage of a tree or gra of trees' crowns.
(261 Tree Canopy Cover.Effective-A formula detailed in Cha ter 18.790 and
corresponding administrative procedures used to calculate the amount of tree canopy that will be
provided for a given lot or tract through any combination of pressexistingtree lanting
new trees. In general,the formula grants bonus tree canopy credit based on the existing tree canopy
of trees that are preserved;and grants additional tree canopy credit based on the projected mature
tree cano newly Wanted trees.
(27) "Tree Care Industry Standards"- Generally accepted industry standards for tree care
practices detailed in the most current version of the American National Standards Institute (ANSA
A300 Standards for Tree Care Operations. In addition,tree care industry standards shallinclude
adherence to all applicable rules and regulations for the completion of any tree care operation.
(281 "Tree Removal" -The cutting or removingof 50 percent (50%) or more of a crown.
trunk, or root system of a tree. or any action which results in the loss of aesthetic or physiological
viability or causes the tree to fall or be in immediate danger of falling_
(22) "Understory Tree" - Any tree that is adapted to brow and complete its li ecvcle
within the shade and beneath the canopy of another tree. _
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Commentary
Chapter 8.04 TREE PERMIT PROCEDURES
Chapter 8.04 establishes a consistent framework for tree permit decisions that is referenced by all of
the chapters in Title 8 that require tree permits.
8.04.010 Purpose
The purpose statement explains that the chapter is intended to provide two tracks for decision
making. The City Manager Decision Making Procedures are for simple decisions to be decided by
staff, and the City Board or Commission Decision Making Procedures are for complex decisions to
be decided by a discretionary review body.
8.04.020 City Manager Decision Making Procedures
The City Manager Decision Making Procedures are implemented administratively by City staff
without public review for simple situations such as permitting the planting of street and median
trees, and permitting the removal of protected trees that are in poor or hazardous condition,
nuisance trees,causing damage,or preventing allowed development to occur.
The detailed approval criteria in the Urban Forestry Manual are referenced in each chapter of Title 8
that requires a tree permit.
Replacement is required through planting or a fee in lieu (unless there is not room on site) when
protected trees (except Heritage Trees) are removed. Heritage Trees are not required to be replaced
because Heritage Trees are unique and can not necessarily be replaced by planting a new tree.
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Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chanter 8.04 TREE PERMIT PROCEDURES
Sections:
8.04.010 Purpose.
8.04.020 Cite Manager Decision Making Procedures.
8.04.030 Cite Board or Commission Decision Making Procedures,
8.04.040 Emergency Tree Permit Procedures
8.04.010 Purpose.
The purpose of this Chanter is to create a flexible framework for tree hermit decisions to address
bots le and complex situations. The CityMier Decision Making Procedures are
implemented administrativel-V by City staff without public review for approving trepermits in
situations where the reasons and criteria for tree planting removal, and/or replacement aresimple.
The Cite Board or Commission Decision Making Procedures are implemented through a public
review Process by a designated board or commission in situations where the reasons and criteria for
tree removal and/or replacement are complex.
8.04.020 City Manager Decision Makirm Procedures.
(1) City Manager Tree Permit applications shall be made on forms provided by the Citv
Manager or desi6n
( 1 Cit;Manager Tree Permit applications shall:
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Commentary
8.04.030 Cite Board or Commission Decision Making Procedures
The City Board or Commission Decision Making Procedures are implemented through a public
review process by a designated board or commission for more complex situations where the reasons
for removal are unclear (solar access,views,aesthetics, etc.). The designed board or commission is
authorized to use their discretion to weigh the tree benefits and reasons for removal when making
their decision.
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Code Amendments
iii. Include the information requested on the application form:
iL Address all of the relevant approval criteria in the Urban Forestry Manual in
sufficient detail for review and acti=and
V. Be accompanied by the rQquired fee.
(3) The City Manager's or desi=='s decision shall address all of the relevant approval criteria in
the Urban Forestry Manual,The City Manager or designee shall approve, with conditions_
or deny the requeststree V ermit in writing based on the relevant approval criteria in the Urban
Fores r Manual.
(4) The City Manager's or designee's decision shall be final and valid for a Period of uP to one
year after issuance unless a longer timeframe is conditioned as Part of the tree Permit decision.
However_nothing shall Prevent a Person from submitting another application for a GM Manager
Tree Permit if the conditions and circumstances of an unexpired City Manager Tree Permit have
changed.
8.04.030 City Board or Commission Decision Making Procedures.
(1l The City Manager or designee shall authorize a City Board or Commission to issue
discretionary decisions Pertaining to tree Permits.
( 1 The designated City Board or Commission shall be authorized to use their discretion when
issuing their decision on tree Permits and include but not be limited to the following considerations:
A� Solar access•
B� ie s•
Quality of tree species, condition_ and location:
Contribution to the environment:
Contribution to the community; an
Aesthetics.
(3) The City Board or Commission decision making procedures shall be consistent with the
procedures in section 18.390.050 of the Tigard Municipal Code except no preapplication conference
(18.390.050.A1 shall be required_no impact stud(18.390.050.B.2.e) shall be reams: and the review
body shall be the City Board or Commission so designated by the City Manager or designee.
(4) Decisions made according to the City Board or Commission Decisions Making Procedures
shall be final and valid for a period to one year unless:
AI A longer timeframe is conditioned as part of the tree permit decision: or
B A subsequent decision is issued through the City Manager or Designee Decision
Makin Procedures (8.04.020) that conflicts with an unexpired City Board or Commission Tree
Permit.
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Commentary
8.04.040 Emergence Tree Permit Procedures
In cases of emergency,removal of a protected tree is authorized without a permit as long as
retroactive approval through the City Manager Decision Making Procedures is received.
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Code Amendments
8.04.040 Emergency Tree Permit Procedures.
If an emergency exists because a tree presents such a clear and present danger tto eoP_le
structures_infrastructure_ or utilities that there is insufficient time to obtain a permit_any person may
remove the subject tree without first having obtained a permit. The person shall_within 14 calendar calendar
dal:s after hay' removed such tree_ submit a retroactive application for a City Mi__anager Tree Pernit
hrough the City Manager Decision Malting Procedures detailed in section 8.04.020. Applicants are
encouraged to take photographs of the subject tree and obtain written documentation from a
certified arborist prior to the removal. If the City Manager or designee determines that there was no
emergency_he/she shall pursue enforcement action through Chapter
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Commentary
Chapter 8.06 URBAN FORESTRY MANUAL
Chapter 8.06 authorizes the adoption and amendment of the Urban Forestry Manual which contains
the detailed rules and supplemental regulations referenced by Title 8 and Title 18.
8.06.010 Purpose
The purpose statement explains that the chapter creates the authority and process for adopting and
amending the Urban Forestry Manual.
8.06.020 General Provisions
City Council will adopt the Urban Forestry Manual when adopting the full set of urban forestry code
revisions.
The City Manager or designee is authorized to administer the Urban Forestry Manual and amend the
Urban Forestry Manual according to the procedures in section 8.06.030.
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Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chanter 8.06 URBAN FORESTRY MANUAL
Sections:
8.06.010 Purpose.
8.06.020 General Provisions.
8.06.030 Amendment Procedures.
8.06.010 Purpose.
The p=ose of this Chapter is to create authority andprocess for adoptinlz and amending ft
Urban Forestry Manual. The Urban Forestry Manual consists of administrative rules and
supplemental regulations intended to implement the details of the urban forestry related code
provisions in Title 8,Title 18_ and other applicable Titles in the Tigard Munial Code.
8.06.020 General Provisions.
( 1 Initial Adoption of the Urban Forestry Manual. City Council has the authority to adopt the
initial set of administrative rules and supplem�gulations in the Urban Forestry Manual.The
Urban Forestry Manual shall be adopted by resolution.
( 1 Subsequent Amendment and Administration of the Urban Forestry Manual. The City
Manager or designee has the authority to amend the Urban Forestry Manual according to the
procedures in section 8.06.030 below. The Cit; Mi ana"r or desigpee is authorized to administer the
Urban Forestry Manual.
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Commentary
8.06.030 Amendment Procedures
Prior to amending the Urban Forestry Manual,public notice and an opportunity for appeal of the
amendments is required.
If amendments are appealed,the City Council will make the final decision after holding a public
hearing.
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Code Amendments
8.06.030 Amendment Procedures.
Prior to the amendment of any administrative rule or supplemental regulation in the Urban
Forestry Manual. the City Manager or designee shall adhere to the following procedures:
(1) The City, Manager or designee shall p ublish a notice in a newspaper of general circulation in
the City.The notice shall be published not less than 14 calendar days before the deadline for receipt
of comments. The notice shall provide a brief description of the subjects covered by the proposed
amendment:the final date for acceptance of written protests: the location to submit written protests.
and the location where copies of the proposed amendments maybe obtained,
(2) If no written protest of the proposed amendment is received by the Cite Mana e� r or
designee on or before the deadline for receipt of comments.the City Manager or designee rnav adopt
the amendment as written.
(3) If a written protest of the proposed amendment is received by the City Manager ord—uig=
on or before the deadline for receipt of comments;the City Manager or designee shall refer the
administrative rule or supplemental rewul_ation to the City Council for a public hearing.The Council
may adopt,modify or reject the amendment. The Council's decision on the amendment shall be final
and effective ups assae.
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Commentary
Chapter 8.08 HAZARD TREES
The Hazard Trees chapter creates a framework for addressing hazard trees.
8.08.010 P ose
The purpose statement explains that the chapter is to establish authority for protecting the public
from hazard trees through standards and procedures for hazard tree identification, evaluation, and
abatement.
8.08.020 General Provisions
Hazard trees (defined in chapter 8.02) are prohibited in Tigard. The definition of hazard tree
incorporates by reference the probability of failure, size of defective part, and target area.
8.08.030 Hazard Tree Evaluation and Abatement Procedure.
The Hazard Tree Evaluation and Abatement Procedure is detailed in Section 1 of the Urban
Forestry Manual and includes a tiered approach that begins with 1)Informal Reconciliation
between parties without City involvement; and ends with 2) Formal Reconciliation where the
claimant submits an application,provides information, pays fees, documents informal
reconciliation, and ensures abatement and apportionment of costs by private property owners or
through City action.
A person has standing to participate in the Hazard Tree Evaluation and Abatement Procedure
only if they can demonstrate that they have the potential to be impacted by a tree they believe is
a hazard.
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Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chanter 8.08 HAZARD TREES
Sections:
8.08.010 Purpose.
8.08.020 General Provisions.
8.08.030 Hazard Tree Evaluation and Abatement Procedure.
8.08.040 Emergency Abatement Procedure.
8.08.010 Purpose.
The purpose of this Chanter is to protect the health_ safety_ and welfare of people within the City
of Tigard by establishing standards and procedures for the identification; evaluation;and abatement
of hazard trees.
8.08.020 General Provisions.
Hazard trees are Prohibited within the City of Tigard. Any hazard tree owner or responsible
pVrW shall be required to complete hazard tree abatement.
8.08.030 Hazard Tree Evaluation and Abatement Procedure.
Any person (claimanthat believes in good faith there is a hazard tree on a property
(respondent), and can demonstrate that their life;limb, or property has potential to be impacte
by said tree;may seek resolution through the Hazard Tree Evaluation and Abatement Procedure
specified in Section 1 of the Urban Forestry Manual-
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Commentary
8.08.040 Emergency Abatement Procedure
If there is an immediate threat to public safety,the City has the authority through Chapter 1.16 to
immediately abate the hazard instead of following the procedures in Section 1 of the Urban Forestry
Manual.
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Code Amendments
8.08.040 Emergency Abatement Procedure.
If the City has reason to believe a hazard tree noses an immediate danger and there is not
enough time to complete the Hazard Tree Evaluation and Abatement Procedure in Section 1 of the
Urban Forestry Manual_the City may choose to take emergency remedial action as outlined in
Chapter 1.16 of the Ti ard�al Code,
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Commentary
Chapter 8.10 STREET AND MEDIAN TREES
Chapter 8.10 incorporates the street and median tree provisions from earlier in the Urban Forestry
Code Revisions project into Title 8.
The street and median tree provisions developed earlier in the project were used to create the tree
permit decision framework (that generally applies to all protected classes of trees) in Chapter 8.04.
8.10.010 Purpose
The purpose statement explains the chapter establishes standards and procedures for street and
median trees to maximize their benefits.
8.10.020 General Provisions
Adjacent property owners are responsible for street trees and the City is responsible for median
trees.
The City is authorized to exercise its authority over the right of way (and street trees) when
necessary.
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Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chanter 8.10 STREET AND MEDIAN TREES
Sections:
8.10.010 Purpose.
8.10.020 General Provisions.
8.10.030 Street Tree Planting,.
8.10.040 Street Tree Maintenance.
8.10.050 Street Tree Removal.
8.10.060 Median Tree Planting.
8.10.070 Median Tree Maintenance.
8.10.080 Median Tree Removal.
8.10.010 Purpose.
The purpose of this Chapter is to provide standards and procedures for the planting;
maintenance, and removal of street and median trees in order to maximize their environmental.
aesthetic, sociaL and economic benefits.
8.10.020 General Provisions.
(11Resnonsibility for Street Trees. It shall be the duty of owners of lots or portions of lots
immediately a�g on, fronting on, adiacent to, or owning the largest percentage of any street tree
trunk immediately above the trunk flare or root buttresses to maintain and remove street trees in
accordance with the provisions of this Chapter. No person, except as specified in section
8.10020( 1 of this Chapter, shall plant a street tree on any lot;or within the public right of way
immediately a�g on, fronting on,or adjacency lot without the responsible roperty owner's
permission.
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Commentary
8.10.030 Street Tree Planting
A permit through the City Manager Decision Making Procedures is required for the planting of
street trees. The detailed planting specifications are Section 2,Part 1 of the Urban Forestry Manual.
8.10.040 Street Tree Maintenance
Street Trees are required to be maintained per tree care industry standards and the clearance
requirements in Section 2,Part 2 of the Urban Forestry Manual.
A brand new provision has been added to allow the removal and replacement of street trees that die
within three (3) years after planting. It is relatively common for trees to not survive the
establishment period, and not requiring a permit to remove and replant a newly planted tree that fails
to establish improves efficiency for both the applicant and City for a relatively insignificant action.
8.10.050 Street Tree Removal
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Commission Decision Making Procedures are required to remove a street tree.
The approval criteria for street tree removal through the City Manager Decision Making Procedures
are detailed in Section 3 of the Urban Forestry Manual.
According to Section 3 of the Urban Forestry Manual, street tree removal is permitted when:
1. The tree is a hazard and the hazard cannot be abated without removing the tree.
2. The tree is dead or declining.
3. The tree is a nuisance tree.
4. The tree's location is non-conforming(e.g. closer to an intersection than currently allowed).
5. The tree roots are causing damage to paved surfaces,buildings,or utilities.
6. Tree removal is required for a street improvement.
7. Tree removal is required for approved development activities or utility installation/repair.
8. (Brand New) Tree removal is required for thinning of a stand of trees under the supervision
of a certified arborist or forester.
Section 3 also requires replacement of street trees when there is room on site unless trees are
removed for thinning purposes. A fee in lieu of replacement is allowed at the City's discretion.
8.10.060 Median Tree Planting
A permit through the City Manager Decision Making Procedures is required for the planting of
median trees. The detailed planting specifications are in Section 4,Part 1 of the Urban Forestry
Manual.
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Code Amendments
(2l Responsibility for Median Trees. It shall be the duty of the City to plant,maintain,and
remove median trees in accordance with the provisions of this Chapter.
X31 City Authority Regarding Street Trees. The City may, time, exercise its authoriover
the public right of waybyplanting,maintaining, or removing any street tree or tree part within a
=
public rioat of way in accordance with the provisions of this Chanter. Anv action taken b he ity
in accordance with this subsection shall not abdicate pr over T owners from their ongoing
responsibility for street trees pursuant to section 8.10.020(1) of this Chanter.
8.10.030 Street Tree Planting
No person shall plant a street tree without prior written approval obtained through the Citv
Manager Decision Making Procedures detailed in section 8.04.020 using the approval criteria in
Section 2.Part 1 of the Urban ForestrLManual.
8.10.040 Street Tree Maintenance.
(1)All street trees shall be maintained in a manner consistent with the street tree maintenance
standards specified in Section 2_Part 2 of the Urban ForesM Manual.
(2If any street tree subject to the provisions of this Chanter dies within three (31 years after
planting,it shall be removed and replaced in accordance with the previous permit approval. The
Street Tree Removal provisions (section 8.10.050 belowl shall not apply to tree removal and
replacement in accordance with this subsection.
8.10.050 Street Tree Removal.
Except as exempted by section 8.10.040(2),no person shall remove a street tree without prior
written obtained either through,• r
( 1 The City Manager Decision Making Procedures detailed in section 8.04.020 using the
approval criteria in Section 3, Part 1 of the Urban Forestry Manual:or
(21 The City Board or Commission Decision Making Procedures detailed in section 8.04.030.
8.10.060 Median Tree Planting
No persoplant a median tree without prior written approval obtained through he Citv
Manager Decision Makin Procedures detailed in section 8.04.020 using the approval criteria Ln
Section 4,Part 1 of the Urban Forestg Manual.
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Commentary
8.10.070 Median Tree Maintenance
Street Trees are required to be maintained per tree care industry standards and the clearance
requirements in Section 4,Part 2 of the Urban Forestry Manual.
A brand new provision has been added to allow the removal and replacement of median trees that
die within three (3) years after planting. It is relatively common for trees to not survive the
establishment period, and not requiring a permit to remove and replant a newly planted tree that fails
to establish improves efficiency for both the applicant and City for a relatively insignificant action.
8.10.080 Median Tree Removal
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Commission Decision Making Procedures are required to remove a median tree.
The approval criteria for median tree removal through the City Manager Decision Making
Procedures are detailed in Section 5 of the Urban Forestry Manual and are essentially the same
standards for street tree removal.
According to Section 5 of the Urban Forestry Manual,median tree removal is permitted when:
1. The tree is a hazard and the hazard cannot be abated without removing the tree.
2. The tree is dead or declining.
3. The tree is a nuisance tree.
4. The tree's location is non-conforming(e.g. closer to an intersection than currently allowed).
5. The tree roots are causing damage to paved surfaces,buildings,or utilities.
6. Tree removal is required for a street improvement.
7. Tree removal is required for approved development activities or utility installation/repair.
8. (Brand New) Tree removal is required for thinning of a stand of trees under the supervision
of a certified arborist or forester.
Section 5 also requires replacement of median trees when there is room on site unless trees are
removed for thinning purposes.A fee in lieu of replacement is allowed at the City's discretion.
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Code Amendments
8.10.070 Median Tree Maintenance.
(1) All median trees shall be maintained in a manner consistent with the median tree
maintenance standards specified in Section 4,Part 2 of the Tigard Urban Forestq Manual.
(221 If any median tree subject to of this Chapter dies within three (3) years after
planting,it shall be removed and replaced in accordance with the previous permit approval. The
Median Tree Removal provisions (section 8.10.080 belowl shall not apply to tree removal and
replacement in accordance with this subsection.
8.10.080 Median Tree Removal.
Except as exempted by section 8.10.070( _no person shall remove a median tree without prior
written approval obtained either through:
( 1 The City Manager Decision Making Procedures detailed in section 8.04.020 using the
approval criteria in Section 5;Part-1 of the Urban Forestry Manual:or
(2) The City Board or Commission Decision Making Procedures detailed in section 8.04.030.
-63-
Commentary
Chapter 8.12 TREES IN SENSITIVE LANDS
Permit requirements for trees in sensitive lands were previously included in Chapter 18.790 (Tree
Removal) of the Tigard Development Code. The provisions have been struck from Chapter 18.790
and incorporated into Title 8 for consolidation with the rest of the tree permit provision for ease of
use.
8.12.010 Purpose
The purpose statement explains the chapter establishes standards and procedures for native trees for
their contribution to sensitive lands.
8.12.020 General Provisions
Sensitive lands are defined in Chapter 18.775 and include land potentially unsuitable for
development due to their location in:
1. Floodplains;
2. Stream corridors;
3. Wetlands;
4. Steep slopes; and/or
5. Significant habitat areas.
A map of sensitive lands is maintained by the City and is used to determine whether a tree is within
sensitive lands. This negates the requirement for a detailed delineation if the City and applicant agree
whether a tree in within sensitive lands or not. A detailed delineation could be provided to the City
to prove the exact location of a tree in relation to sensitive lands if the map boundaries are not
acceptable.
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Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chanter 8.12 TREES IN SENSITIVE LANDS
Sections:
8.12.010 Purpose.
8.12.020 General Provisions.
8.12.030 Sensitive Lands Tree Maintenance.
8.12.040 Sensitive Lands Tree Removal.
8.12.010 Purpose.
The purpose of this Chanter is to establish standards and procedures for the maintenance,
removal_ and replacement of native trees in sensitive lands for their contribution to the functions and
values of sensitive lands.
8.12.020 General Provisions.
(1) Sensitive Lands Location. The provisions of this chapter are applicable within sensitive
lands under City of Tway rd jurisdiction described in section 18.775.010.G of the Tigard Municipal
Code. A map of sensitive lands is maintained b the and is accessible to the public.
121 Determination of Sensitive Lands, The City Manager or designee shall utilize the map of
sensitive lands maintained by the City to determine whether a particular tree is within sensitive lands.
In order for the City Managero ee to reconsider his or her determination_ a person shall
provide a delineation by a professional land surveyor conducted in accordance with all applicable
aMncy accepted methods for the sensitive lands type in question
-65-
Commentary
8.12.020 General Provisions (continued)
Dead trees in sensitive lands are exempt from the provisions of the chapter unless they are newly
planted replacement trees or subject to provisions of other chapters that do not exempt dead trees.
For example,if a dead tree in sensitive lands is also a Heritage Tree,then the Heritage Tree
provisions of Chapter 8.18 would still apply.
Only trees on the Native Tree List in the Urban Forestry Manual are subject to the provisions of the
chapter.
8.12.030 Sensitive Lands Tree Maintenance
Native trees over 6 inch DBH and required replacement trees (which can be less than 6 inch DBH)
in sensitive lands are required to be maintained per tree care industry standards.
The removal and replacement of trees in sensitive lands is allowed for required trees that die within
three (3) years after planting. It is relatively common for trees to not survive the establishment
period, and not requiring a permit to remove and replant a newly planted tree that fails to establish
improves efficiency for both the applicant and City for a relatively insignificant action.
8.12.040 Sensitive Lands Tree Removal
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Commission Decision Making Procedures are required to remove protected trees in sensitive lands.
The approval criteria for sensitive lands tree removal through the City Manager Decision Making
Procedures are detailed in Section 6 of the Urban Forestry Manual.
According to Section 6 of the Urban Forestry Manual, sensitive lands tree removal is permitted
when:
1. The tree is a hazard and the hazard cannot be abated without removing the tree.
2. The tree is declining.
3. The tree is a nuisance tree.
4. The tree roots are causing damage to paved surfaces,buildings,or utilities.
5. Tree removal is required for a street improvement.
6. Tree removal is required for approved development activities or utility installation/repair.
7. Tree removal is required for thinning of a stand of trees under the supervision of a certified
arborist or forester.
Section 6 also requires replacement of trees in sensitive lands when there is room on site unless trees
are removed for thinning purposes. In addition to newly planted trees, existing trees less than 6 inch
DBH can be used as replacement trees provided they meet all of the replacement tree species, size,
condition,and location standards detailed in Section 6. A fee in lieu of replacement is allowed at the
City's discretion.
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Code Amendments
( 1 Dead Tree Exemption. Except for trees subject to the Provisions of section 8.12.030(2
dead trees in sensitive lands are exempt from the Provisions of this Chapter. Dead trees in sensitive
lands may not be exempt from the provisions of other Chapters in the Tigard Municipal Code. It is
recommended that the owner or responsible party clearly document the removal of dead trees that
would otherwise be subject�prm isions of this Chapter with photographs and/or a statement
by a certified arborist as evidence of the exemption and to avoid enforcement action under Chapter
&20-
(4) Native Trees Subject to the Provisions of this Chapter. Only those native trees listed on the
Native Tree List in the Urban Forestry Manual are subject to the provisions of this Chanter
8.12.030 Sensitive Lands Tree Maintenance.
(1l Native trees greater than or equal to 6"DBH and native trees that were required to be
planted as replacement trees by provisions of this Chapter shall be maintained in a manner
consistent with tree care industry standards and shall be maintained so as not to become hazard trees
as defined in Chapter 8.02 of the Tigard Mum al Code.
(21 If any native tree subjecttprovisions of this Chapter dies within three (3) years after
planting,it shall be removed and replaced in accordance with the previous permit approval- The
Sensitive Lands Tree Removal provisions (section 8.12.040 belowl shall not apply to tree removal
and replacement in accordance with this subsection.
8.12.040 Sensitive Lands Tree Removal.
Except a�pted by section 8.12.030(2)_no person shall removeany live native tree greater
than or equal to 6 inch DBH, or any native tree less than 6 inch DBH that was required to be
planted as a replacement tree by the provisions of this Chapter.without prior written approval
obtained either through:
( l The CitxManag_er Decision Making Procedures detailed in section 8.04.020 using the
approval criteria in Section 6, Part 1 of the Urban Forestry Manual:or
(2) The City Board or Commission Decision Making Procedures detailed in section 8.04-030-
-67-
Commentary
Chapter 8.14 TREES THAT WERE REOUIRED WITH DEVELOPMENT
Chapter 8.14 establishes the framework for permitting decision for trees that were required to be
planted or preserved by a land use permit when the removal is not associated with an active land use
permit.
8.14.010 Pur ose
The purpose statement explains that the chapter establishes standards and procedures for trees that
were required with development to maintain their benefits after the development process is
complete.
8.14.020 General Provisions
The provisions of Chapter 8.14 apply to trees required to be planted or preserved by a land use
permit and trees that are required as replacements for said trees.
The City retains records of all land use permits. These records will be used to determine whether a
tree was required to be planted or preserved by a land use permit. If there is not a clear record, the
tree will be exempt from Chapter 8.14.
-68-
Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chapter 8.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
Sections:
8.14.010 Purpose.
8.14.020 General Provisions.
8.14.030 Maintenance of Trees that were Required with Development.
8.14.040 Removal of Trees that were Required with Development.
8.14.010 Purpose.
The puroose of this Chanter is to establish standards and procedures for the maintenance_
emoval_ and replacement of trees that were required with development to maintain their
nvironmentA aesthetic, social_and economic benefits after the development process is complete.
8.14.020 General Provisions.
(1) Applicability, The provisions of this Chapter are applicable to the following situations:
(A) Trees required to be planted or preserved by Title 18 or an3�other land use permit: and
(B) Trees required as replacements for trees in 8.14.020(l)(A) a
(22) Determination of Applicabilityori tion. The CiZ�Manager or designee shall utilize all
available land use permit records and data when determining whether a tree is subject to the
provisions of this Chapter. In the absence of clear land use records and data,the provisions of this
Chapter shall not apply.
-69-
Commentary
8.14.030 Maintenance of Trees that were Required with Development
Trees that were required to be planted or preserved by a land use permit are required to be
maintained per tree care industry standards.
The removal and replacement of trees subject to the provisions of this chapter is allowed for trees
that die within three (3) years after planting. It is relatively common for trees to not survive the
establishment period,and not requiring a permit to remove and replant a newly planted tree that fails
to establish improves efficiency for both the applicant and City for a relatively insignificant action.
Tree establishment associated with an active land use permit is administered through the
corresponding regulations for that permit (e.g. Chapter 18.790).
8.14.040 Removal of Trees that were Required with Development
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Commission Decision Making Procedures are required to remove trees required to be planted or
preserved by a land use permit.
The approval criteria for"development" tree removal through the City Manager Decision Making
Procedures are detailed in Section 7 of the Urban Forestry Manual.
According to Section 7 of the Urban Forestry Manual, development tree removal is permitted when:
1. The tree is a hazard and the hazard cannot be abated without removing the tree.
2. The tree is dead or declining.
3. The tree is a nuisance tree.
4. The tree roots are causing damage to paved surfaces,buildings,or utilities.
5. Tree removal is required for a street improvement.
6. Tree removal is required for approved development activities or utility installation/repair.
7. Tree removal is required for thinning of a stand of trees under the supervision of a certified
arborist or forester.
Section 7 also requires replacement of development trees when there is room on site unless trees are
removed for thinning purposes. Replacement trees are required to be of equivalent stature and
location so as to replace the function of the tree that was removed. For example,if a tree was
required by Chapter 18.745 to provide a buffer between properties,it is required to be replaced with
a similar stature tree (at maturity) and similar location so that it can continue to provide a buffering
effect. In addition to newly planted trees, existing trees can be used as replacement trees provided
they meet all of the replacement tree species, size,condition,and location standards detailed in
Section 7 and are not already protected by other code provisions. A fee in lieu of replacement is
allowed at the City's discretion.
-70-
Code Amendments
8.14.030 Maintenance of Trees that were Required with Development.
( 1 Trees subject to the provisions of this Chanter and trees that were required to be planted as
replacement trees by the provisions of this Chapter shall be maintained in a manner consistent with
tree care indus=standards and shall be maintained so as not to become hazard trees as defined in
Chapter 8.02 of the Ti ard�al ode.
(2 If anytre�ect to the provisions of this Chapter dies within three (3) years after planting;
it shall be removed and replaced in accordance with the previous permit approval. The Removal of
Trees that were Required with Development provisions (section 8.14.040 belowl shall not aplaby to
tree removal and replacement in accordance with this subsection.
8.14.040 Removal of Trees that were Required with Development
Except as exempted by section 8.14.030(2) above_no person shall remove any tree subject to the
provisions of this Chapter without prior written approval obtained either through:
( 1 The City Manager Decision Making Procedures detailed in section 8.04.020 using the
approval criteria in Section 7, Part 1 of the Tigard Urban Forestry Manual: or
(2) The Cite Board or Commission Decision Making Procedures detailed in section 8.04.030.
-71-
Commentary
Chapter 8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
Chapter 8.16 establishes the framework for permitting decisions for trees that were planted using the
urban forestry fund.
8.16.010 Purpose
The purpose statement explains that the chapter creates standards and procedures for maintaining,
removing,and replacing trees that were planted using the City's Urban Forestry Fund. The chapter
is intended to ensure maximum benefit when City funds are expended to plant trees.
-72-
Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chanter 8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
Sections:
8.16.010 Purpose.
8.16.020 General Provisions.
8.16.030 Maintenance of Trees that were Planted Using the Urban Forestry Fund.
8.16.040 Removal of Trees that were Planted Using the Urban Forestry Fund.
8.16.010 Purpose.
The puroose of this Chanter is to establish standards and procedures for the maintenance_
removal; and replacement of trees that were planted using theUrbanForestry Fund:
(1) To maintain the environmental aesthetic. social_ and economic benefits provided by trees:
(2) To replace trees that were removed with past development:and
(3) Toro ensurepublic funds for tree planting are invested wiseNbyrem ongoi
maintenance and replacement as a condition of expenditure.
-73-
Commentary
8.16.020 General Provisions
The provisions are applicable to trees planted using the Urban Forestry Fund. Only those trees
planted after the date of adoption of the Urban Forestry Code Revisions will be subject to the
provisions of the chapter since prior plantings were undertaken without knowledge of the code
requirements.
The City records of planting projects will be used to determine if a particular tree was planted using
the Urban Forestry Fund.
8.16.030 Maintenance of Trees that were Planted Using the Urban Forestry
Trees that were planted using the Urban Forestry Fund are required to be maintained per tree care
industry standards.
The removal and replacement of trees that were planted using the Urban Forestry Fund is allowed
for trees that die within three (3) years after planting. It is relatively common for trees to not survive
the establishment period,and not requiring a permit to remove and replant a newly planted tree that
fails to establish improves efficiency for both the applicant and City for a relatively insignificant
action.
8.16.040 Removal of Trees that were Planted Using the Urban Forest Fund
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Commission Decision Making Procedures are required to remove trees that were planted using the
Urban Forestry Fund.
The approval criteria for"Urban Forestry Fund"tree removal through the City Manager Decision
Making Procedures are detailed in Section 8 of the Urban Forestry Manual.
According to Section 8 of the Urban Forestry Manual,Urban Forestry Fund tree removal is
permitted when:
1. The tree is a hazard and the hazard cannot be abated without removing the tree.
2. The tree is dead or declining.
3. The tree is a nuisance tree.
4. The tree roots are causing damage to paved surfaces,buildings,or utilities.
5. Tree removal is required for a street improvement.
6. Tree removal is required for approved development activities or utility installation/repair.
7. Tree removal is required for thinning of a stand of trees under the supervision of a certified
arborist or forester.
Section 8 also requires replacement of Urban Forestry Fund trees when there is room on site unless
trees are removed for thinning purposes. Replacement trees are required to be of equivalent stature
so as to replace the future canopy of the tree that was removed. In addition to newly planted trees,
existing trees can be used as replacement trees provided they meet all of the replacement tree
species, size,condition,and location standards detailed in Section 8 and are not already protected by
other code provisions. A fee in lieu of replacement is allowed at the City's discretion.
-74-
Code Amendments
8.16.020 General Provisions.
(1l Ahnh� 'cability. The provisions of this Chapter are applicable to the following situations:
(A) Trees planted using the Urban Forestry Fund Number 260 after [insert date ofadobtionl:
and
(B) Trees required as replacements for trees in 8.16.020( ,(A) above.
(2) Determination of Applicabilior Exemption. The Cite Manager or designee shall utilize all
available records and data when determining whether a tree is subiect to the provisions of this
Chapter. In the absence of records and data,the provisions of this Chapter shall not apply.
8.16.030 Maintenance of Trees that were Planted Using the Urban Forestry Fund.
( 1 Trees subject to the provisions of this Chapter and trees that were required to be plan
replacement trees by the provisions of this Chapter shall be maintained in a manner consistent with
tree care industry standards and shall be maintained so as not to become hazard trees as defined in
Chapter 8.02 of the Tigard Mum al Code.
( 1 If any tree subject to the provisions of this Chapter dies within three ( 1 years aft lantin
it shall be removed and replaced in accordance with the previous permit approval. The Removal of
Trees that were Planted Using the Urban Forestry Fund provisions section 8.16.040 below) shall not
apply to tree removal and replacement in accordance with this subsection.
8.16.040 Removal of Trees that were Planted Using the Urban Forestry
Except as exempted by section 8.16.030(2) above,no person shall remove any tree subject
provisions of this Chapter without prior written approval obtained either through:
( 1 The CitxManag_er Decision Making Procedures detailed in section 8.04.020 using the
approval criteria in Section 8, Part 1 of the Tigard Urban Forestry Manual: or
( 1 The City Board or Commission Decision Making Procedures detailed in section 8.04D30-
-75-
Commentary
8.18.010 Purpose
The purpose statement explains that the chapter creates a framework for recognizing,appreciating,
and providing voluntary protection for trees of landmark importance.
8.18.020 General Provisions
The City will designate a board or commission to administer the chapter provisions.
Trees may be granted one of two special designations (Heritage Tree or Significant Tree) by the
provisions of this chapter. Heritage trees are of landmark importance,afforded regulatory
protection from removal,and eligible for City funding for maintenance. Significant trees are also of
landmark importance, are not afforded regulatory protection from removal,and are not eligible for
City funding for maintenance.
The reviewing authority may decide a tree that is nominated as a Heritage Tree, should be designated
as a Significant Tree if it is of lesser landmark importance (than a Heritage Tree). An applicant may
nominate a tree directly for designation as a Significant Tree if they acknowledge a particular tree is
of lesser landmark importance,but they would still like the tree to be recognized by the community.
Alternatively,an applicant may nominate a tree for Significant Tree designation if they do not want
the tree to be afforded regulatory protection, even if they think the tree could be designated as a
Heritage Tree.
-76-
Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chapter 8.18 Heritage Trees
Sections:
8.18.010 Purpose.
8.18.020 General Provisions.
8.18.030 Nomination and Designation of Heritage Trees.
8.18.040 Maintenance of Heritage Trees.
8.18.050 Nomination and Designation of Significant Trees.
8.18.060 Incentives for Heritage Tree Designation
8.18.070 Removal of Heritage Tree- is
8.18.080 Removal of Sid ifican Treeesi nation
8.18.010 Purpose.
The purpose of this Chapter is to recognize,appreciate,and provide for voluntaa protection of
trees that are of landmark importance due to age, size, species_horticultural quality or historic
importance.
8.18.020 General Provisions.
(1l The City M� anager or desimee shall authorize a City Board or Commission to implement
the provisions of this Chapter.
(2) Heritage Trees and Significant Trees may be of equivalent landmark importance due to age,
size, species,horticultural duality or historic importance. The designated review body ma rove
designation as a Significant Tree for a tree nominated as a Heritage Tree if the review body
determines the tree is of lesser landmark importance,but still worthy of recognition. Alternatively
tree owner or responsible party mu choose to nominate a tree as a Significant Tree rather than a
Heritage Tree if they determine the tree is of lesser landmark importance,but still worthof
recognition, and/or if they desire no reaWator�protection of the tree theywould like to be
recowaized,
-77-
Commentary
8.18.030 Nomination and Designation of Heritage Trees
The process of nominating and designating a Heritage Tree begins with someone recognizing that a
tree or group of trees is of landmark importance due to age, size, species,horticultural quality, or
historic importance. The tree owner is required to sign off on the nomination. If the tree owner is
the City,the City Manager or designee is required to sign off on the nomination.
The designated City Board or Commission then reviews the nomination materials and can decide to
recommend Heritage Tree designation and forward their decision to City Council,approve
designation as a Significant Tree subject to final approval of the property owner, or deny the tree
designation as a Heritage Tree or Significant Tree.
If the designated City Board or Commission recommends Heritage Tree designation,the City will
prepare the necessary paperwork to record Heritage Tree designation on the property deed. The
property owner will be required to sign the paperwork in advance of City Council's final decision on
the Heritage Tree. This is a change from current procedures in Chapter 9.08 because there have
been instances in the past where after Council voted to approve Heritage Tree designation,the
applicant decided they did not want to sign the paperwork. Under the new procedure,the City
would destroy the signed paperwork if City Council does not approve Heritage Tree designation.
After the necessary paperwork is signed, City Council will review the nomination materials and
recommendations by staff and the designated Board or Commission. City Council may vote to
approve Heritage Tree designation (at which point the Heritage Tree paperwork will be executed for
recording on the deed of the property),approve Significant Tree designation (subject to final
approval of the property owner), or deny the tree Heritage or Significant Tree designation.
Trees that are designated as Heritage Trees or Significant Trees will be included in a publicly
accessible inventory of trees.
-78-
Code Amendments
8.18.030 Nomination and Designation of Heritage Trees.
(1)Any person may nominate a particular tree or group of trees to be designated as a Heritag=e
Tree due to age_ size, species_horticultural duality or historic importance. The nomination shall be
submitted by the tree owner or responsible party or accompanied by the tree owner or responsible
party's written consent. If the nominated tree is located on C4 property, the nomination shall be
submitted by the Baer o�gnee or be accompanied b heity Aanaur's or desi ee'
written consent. Upon completion of the nomination process_the remaining portions of this
subsection shall apply in the order listed.
(2) After reviewing the nomination materials, and anyssup2lemental information provided by
the City Manager or designee,the designated City Board or Commission may decide b� majority vote
to;
(A) Recommend approval of the tree to be designated as a Heritage Tree upon finding it
is of landmark importance due to age_ size_ species_ horticultural quality or historic importance_ and
forward their recommendation to Cit=C� ;
(B)
Approve the tree to be designated as a Significant Tree upon finding it is of landmark
importance due to age_ size_ species_horticultural quality. or historic importance. ons t of the
tree owner's or responsible party's written consent for designation as a Significant Tree. the tree shall
be included in a publicly accessible inventorji of trees.
(C) Denv the tree as a Heritage Tree andSignificant Tree.
(3) When a recommendation for approval of a tree to be designated as a Heritage Tree has
been made by majority vote of the designated City Board or Commission_ the Cite shall are for
the tree owner or responsible party the paperwork necessary to record the Heritage Tree designation
on the owner's or responsible party's deed_noting on such deed that the tree is subject to the
provisions of this Chapter. If the tree owner or responsible party fail�gn the necessary
paperwork_the Heritage Tree designation shall be void and the provisions of this Chapter shall cease
t a pl .
(,4) After reviewing the nomination materials, any supplemental information provided by the
City Mana er or designee_and the designated City Board or Commission's recommendation:the City
Council may decide by majority vote to:
( Approve the tree to be designated as a Heritage Tree upon finding it is of landmark
importance due to age, size, species;horticultural quality or historic importance_ at which point the
City shall execute the necess=paperwork to record the Heritage Tree designation on the tree
owner's or responsible party's deed_noting on such deed that the tree is subject to the provisions of
this Chapter. In addition, the tree shall be included in a publicly accessible inventory of
-79-
Commentary
8.18.040 Maintenance of Heritage Trees
Heritage Trees are required to be maintained per tree care industry standards.
8.18.050 Nomination and Designation of Significant Trees
Trees can be nominated for Significant Tree designation directly with the tree owner's approval.
The designated Board or Commission will review the nomination and will decide whether to
approve or deny designation.
Following approval, Significant Trees are included on a publicly accessible inventory of trees.
Significant Trees to not have regulatory protection.
8.18.060 Incentives for Heritage Tree Designation
Designated Heritage Trees are eligible for incentives such as plaques and maintenance subject to the
availability of funds. Significant Trees are not eligible for such incentives because regulatory
protections for the trees are not in place.
-80-
Code Amendments
Approve the tree to be designated as a Significant Tree upon finding it is of landmark
importance due to age_ size_ species_horticultural quality or historic importance. Upon receipt of the
tree owner's or responsible party's written consent for designation as a Significant Tree_the tree shall
be included in a publicly accessible inventory of trees.
( ) Deny the tree as a Heritage Tree and Siwtificant Tree.
8.18.040 Maintenance of Heritage Trees.
Heritage Trees shall be maintained in a manner consistent with tree care industry standards an
shall be maintained so as not to become hazard trees as defined in Chapter 8.02 of the Tigard
Municipal Code.
8.18.050 Nomination and Designation of Significant Trees.
( 1 Ani erson may nominate a particular tree or group of trees to be designated as a
Significant r due o age_ size_ species;horticultural qualill:or laL, importance. The
nomination shall be submitted by the tree owner or responsible party or accompanied by the tree
owneresponsible party's written consent. If the nominated tree is located on City property_the
nomination shall be submitted by the City Manager or designee or be accompanied by the Citv
Manager's or designee's written consent. Upon completion of the nomination process_the
remaining portions of this subsection shall apply.
(2) After reviewing the nomination materials_ and any supplemental information provided by
the Ci . Manager or designee_the designated City Board or Commission may decide by Wajority vote
to:
(Al Approve the tree to be designated as a Significant Tree upon finding it is of landmark
importance due to age_ size_ species_ horticultural quality or historic importance. The tree shall be
included in a publicly accessible inventory of trees.
(Bl Dene the tree as a Significant Tree,
8.18.060 Incentives for Heritage Tree Designation.
Incentives for Heritage Tree Designation. Designated Heritage Trees shall be eligible for the
following incentives subject to availability of City funding and CiMaappr�vat:
( 1 Plaques which may be placed on or near Heritage Trees: and
(2) Maintenance of Heritage Trees including but not limited to:
A�P
B� Pest control•
Unwanted planted removal:
D�Fertilization:
Soil Amendment;and
Cabling and Bracing
-81-
Commentary
8.18.070 Removal of Heritage Tree Designation
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Commission Decision Making Procedures are required to remove Heritage Tree designation.
The approval criteria for Heritage Tree designation removal through the City Manager Decision
Making Procedures are detailed in Section 9 of the Urban Forestry Manual.
According to Section 9 of the Urban Forestry Manual,removal of Heritage Tree designation is
permitted when:
1. The tree is a hazard and the hazard cannot be abated without removing the tree.
2. The tree is dead or declining.
3. Tree removal is required for thinning of a stand of Heritage Trees under the supervision of a
certified arborist or forester.
There is less criteria that would allow the removal of Heritage Trees through the City Manager
Decision Making procedures than the other protected classes of trees since Heritage Trees are of
special significance. For example,if a street tree has roots damaging a sidewalk it would be approved
for removal by the City without public review,whereas the removal of a Heritage Tree with roots
damaging a sidewalk would only be permitted following a public review (City Board or Commission
Decision Making Procedures). Through the public review,the public could weigh things like
whether the sidewalk could be repaired in a way that preserves the tree, the importance of the tree to
the surrounding community, and the impact of the tree on the owner.
Section 9 does not require replacement of Heritage Trees because Heritage Trees are unique and can
not necessarily be replaced by planting a new tree.
Once Heritage Tree designation is removed, the tree is no longer subject to the chapter provisions.
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Code Amendments
8.18.070 Removal of Heritage Tree Designation.
Heritage Trees and Heritage Tree designations shall not be removed.without Prior written
approval obtained either through:
(1) The City Manager Decision Making Procedures detailed in section 8.04.020 usingthe
approval criteria in Section 9, Part 1 of the Tigard Urban Forestry Manual• or
(2) The City Board or Commission Decision Making Procedures detailed in section 8.04.OM.
8.18.080 Removal of Significant Tree Designation.
(1)Significant Tree designation shall be removed when requested in writing by the tree owner
or responsible Party.
X21 The tree owner or responsible arty shall notify the Cite in writing of the removal of any
Significant Tree.
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Commentary
Chapter 8.20 ENFORCEMENT
Chapter 8.20 includes enforcement provisions that apply to all the various chapters of Title 8. The
enforcement provisions were developed for street and median trees earlier in the Urban Forestry
Code Revisions project and have been carried forward to apply to the other protected classes of
trees.
8.20.010 Purpose
The purpose statement explains that the chapter creates standards and procedures for the
enforcement of Title 8, creates authority to issue stop work orders when work is conducted contrary
to the provisions of Title 8,is intended to deter illegal tree removal, and is intended to document
illegal tree removal and require replacement if applicable.
8.20.020 Title 8 Violation
Section 8.20.020 defines a violation of Title 8 as a Class 1 civil infraction. This allows enforcement
through the provisions of Chapter 1.16 (Civil Infractions). Tree violations are currently processed as
Class 1 civil infractions, and a link is required in Title 8 to continue doing so.
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Code Amendments
TIGARD MUNICIPAL CODE
iT tle 8
URBAN FORESTRY
Chapters:
8.02 DEFINTIONS AND RULES
8.04 TREE PERMIT PROCEDURES
8.06 URBAN FORESTRY MANUAL
8.08 HAZARD TREES
8.10 STREET AND MEDIAN TREES
8.12 TREES IN SENSITIVE LANDS
.14 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.16 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.18 HERITAGE TREES
8.20 ENFORCEMENT
Chanter 8.20 ENFORCEMENT
Sections:
8.20.010 Purpose.
8.20.020 Title 8 Violation.
8.20.030 Stop Work Order,
8.20.040 Tree Removal Violation
8.20.010 Purpose.
The purpose of this Chanter is to:
Establish standards and procedures for the enforcement of the provisions of Title 8:
Stop work that is contraryto the Provisions of Title 8 to Prevent further violations:
X31 Deter tree removal in violation of Title & and
4 Document illegal tree removal activities and reauire replacement if applicable.
8.20.020 Title 8 Violation.
A violation of this Title shall constitute a Class 1 civil infraction_which shall be Processed
according to the Procedures outlined in Chapter 1.16 of the Tigard Municipal Code.
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Commentary
8.20.030 Stop Work Order
The stop work order provision allows the City to prevent continued violation of Title 8. For
example,if a protected stand of trees in sensitive lands is being cleared without a permit,the City
may issue a stop work order to prevent continued clearing of the stand. Chapter 1.16 does not
currently include specific language that allows for stop work orders, so a provision has been added to
Chapter 8.20 to grant the City authority to do so for violations of Title 8.
8.20.040 Tree Removal Violation
A minimum fine is imposed ($250) as well as a maximum fine (the City's cost to plant and maintain
an equivalent number of trees as the diameter of the one that was removed) for violations of the tree
removal provisions of Title 8. Requiring a minimum fine is intended as a deterrent to violation of
the tree removal provisions. Limiting the maximum fine protects citizens from disproportionate
penalties for tree removal violations.
The requirement to receive retroactive approval for tree removal violations allows the City to clearly
document the removal of protected trees,and allows the City to require replacement trees when
applicable.
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Code Amendments
8.20.030 Stop Work Order.
When any work is being done contrary to the provisions of this Title. the City Manager or
designee may order the work corrected or stopped by notice in writing served on any persons
engaged in the doing or causing such work to be done, and such persons shall forthwith make the
necessary corrections or stop work until authorized by the City Manager or designee to proceed with
the work.
8.20.040 Tree Removal Violation.
In addition to the enforcement provisions of section 8.20.020 and 8.20.030 above, any
found to be in violation of section 8.10.050 (Street Tree Removal), 8.10.080 (Median Tree Removal),
8.12.040 (Sensitive Lands Tree Removal), 8.14.040 (Removal of Trees that were Required with
Development), 8.16.040 (Removal of Trees that were Planted Using the Urban Foresm Fun&
and/or 8.18.070 (Removal of Heritage Tree Designation) of this Chapter shall be required to:
Remit 12ayment into the Tigard Urban Forestry Fund within 30 calendar days of issuance of
a notice of violation of not less than$250 per unlawfully removed tree and not more than
the City's cost to plant and maintain per Tree Care Industry Standards and the standards in
the Tigard Urban Forestry Manual for a period of three (33) years, an equivalent number of
trees with a combined caliper equal to the DBH of each unlawfully removed tree; and
Complete the process for a retroactive City Manager Tree Permit through the City Manager
Decision Making Procedures detailed in section 8.04.020. The purpose of the retroactive
City Mana er Tree Permit is to document the removal, and document the replacement if
a lica le.
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Commentary
Chapter 9.08 HERITAGE TREES
Chapter 9.08 contains the existing provisions for Heritage Tree designation,maintenance,removal,
and enforcement. The Heritage Tree provisions have been revised and moved to Chapter 8.18
(Heritage Trees) in the new consolidated Urban Forestry Title 8.
The revised Heritage Tree provisions allow for designation of two types of landmark trees (Heritage
Trees and Significant Trees). The Significant Tree designation is new and allows for recognition of
trees that are either of lesser landmark importance and/or the tree owner does not want regulatory
protections for the tree.
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Code Amendments
ChapteF 9.08 14ERIT-AGE TREES-.
Sections:
9.08.010 PUFPOSe and Definitions.
9.08.020 Nomination.
O 4»n �lro 030 Review Aroeess.
9.08.050 Reeognition of Heritage TFeeS.
9.08.060 Remova! of ReFitage Tree Designation.
9.08.070 ineent1ves.
9.08.0io Purpose and Definitions.
(1) The purpose of this chapter- is to foster- ap. 1 Provide f0f voluntafy Pf0tection 0
designated: ,.rt.,at trees . ,:th:,, the T:...,-fl City 1:.f4s
ccHefitage oe
is a tfee of stand of tfees that is designated to be of landmafk impoftance
e t6-age, size, species,hoftictiltcorreal impvranC$
ccCity »
shall mean pfopefty owned by the City of Tigafd of public fight of way unde
Git. jufisdiction.
9.08.020Nominatiow.
pfoposed 14efitage Tfee is located on pfopei4y othef than City pfopefty, the nomination shall be
submitted by the pfopefty ownef of aecompanied by the pfopefty owner's wfitten consent. if the
proposed Heritage Tree is loeated on City property, the nomination shall be submitted to t4e Gity
For-estef fof evaluation. The City For-estef and other- 'Gity designees shall append his of hef
recommendation to the nomination.
(2) All nominations shall ineltide a photograph of the tr-ee(s) and a aafFative &Eplaining why the
tree qualifies f r 14er;tage status
9-08.030 Review Pr-oeess
(1) The T-igafd Tree Board shall r-eview all Her-itage Tree aomina4ioas at a publie meeting.
Notiee of the meeting shall be provided to the nominating applieant, the pr-opefty owner- (if diffefent
than the applieant), the City F-ofester- and the Chair of any feeognized neighbor-hood association in
whieh the tree is 1,,e te,l
eomplies with the feqttir-ements for designation.
(3) Aftef eonsidefing the City f
s fepoft and any testimony by ipAerested per-sons,
the T-igar-d Tree Board shall vote ofi the nomination. The Board may designate the tree as a 14er-itag-e
Tree if the Boafd,leterm i es that the following,.rater;., . met!
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Commentary
Chapter-9.08 uEuITAGE TREES
Deletions continued.
-90-
Code Amendments
(A) The tree of stand of 4fees is of landtnar-k impoftance due to age, size, species, hoi4ieultufal quality
of historic importance; and
(B) The tfee is not iffepar-ably damaged, diseased, hazardous of tinsafe, of the applicant is
willing to hai,,e the tfee tfeated by an ar-bofist and the tfeatment will alleviate the damage, disease o
(4) if the nomination is appfoved by the Tfee , it shall be fofwafded,
withelements of the Boafd's evaluation attached, to the City Council fof final evaluation and approval.
(5) Following appfoval of the nomination by the City Council:
(A) if the tree is located on priv I ' ' I'' 'he designation shall be complete
,
s &Eeetitiea of a eovenant r-tinaing with the land and duly recorded by the
Gity. The covenant shall include a legal desefiption of the subject pfoperty, genefally desefibe thee
location of the Heritage Tree, and eovenant that t4e tree is protected as a Her-itage Tree by t4e City o
T-igar-d and is therefore subject to special pt:oteetion. The Her-itage Tree shall be listed on the City
(B) if the tfee is located on Gity Pr-opefty,the designation shall be complete upon
the listing of the 4fee o the City 14efitage Tfee Regis",
determination,9.08.040 Proteetion of Heritage Trees
(1) A permit shall be r-e"ir-ed to remove a desi fiated Heritage Tree.
(2) if an application faf a pefmit to r-emove a Heritage Tfee is pfesented, the applicant shall
demonstfate that the tfee is hazafdotis of that the bafden imposed on the ownef outweighs the public
betiefit pr-ovided by the tree. For the pur-poses of making this
the folio
impacts shall not be considefed unfeasonable bufdens on the pfopefty ownef of City:
(A) View obstfdetion;
(B) Routine ,leaf faking and vthef maintenance activities; an
(G) inffastFuettife impacts or- tfee hazards that can be eantfalled or- avoided by
pfuning or-maintenance.
(3) Unless there is a pefmit to remove a dead or- hazar-dous Her-itage Tree, the applicant
shall be r-equifed to follow the mitigation pfoeedtwes for-the loss of the t-Fee as outlined in the T-igar-d
Municipal Code, Chaptef 18.790.
(4) Any per-sen who r-emoves a Her-itage T-fee without first obtainifig a pefillit tO dO sE) shall be
subject to a eivil penalty equal to twice the value of the 4fee as detefmined by the City Fofestef with
fefefence to the cufrent edition of the Guide to Plan Appfaisal, and the pefson shall be r-equifed to
mitigate for-the loss of the tree
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Commentary
Chapter-9.08 14ERITAGE TREES
Deletions continued.
-92-
Code Amendments
9.08.050 Reeognition of Heritage T-Fees
(1) A Heritage Tree pla"e may be designed and may be ftimished by the City to the pr-operty
ownef of a designated 14efitage Tfee, or- if the tfee is on City pfopefty, to the City For-estef. The
plaque shall be posted at of near-the tfee and, if feasible,visible 4�oiu a public fight of way.
(2) The City shall maintain a 14eFitage Tree Registi-j,and fnap 4 designated Her-itage Trees.
9.08.060 Remova! of Heritage Trees Designatio-fi-
/1\ A 14e fitage Tfee shall be femoVed f off designation;f;t dioma
(3) if the 14efitage Tree is on fty, and removal ffom 14efitage designation is
(4) Oftee Heritage Tree statids is r-emoN,ed, the tree shall be trea4ed as any other tree
within the Gitt,limits for-pttr-poses of plaffaing, development,r-emoval or-ear-e.
9.08.070 incentives,
(1) incentives for pfopefty owner-s might include-
(A) The City paying for pndoing, fieeessafy soil amendments and maintenatiee e
the 14efitage Tfees; and
(B) The G tom. ,;,1;,igplaqtteeaek tree identifying the speeies of tree
(Or-d. 05 16*�
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URBAN FORESTRY MANUAL
Preliminary Draft
CONTENTS
Section 1 - Hazard Tree Evaluation and Abatement Procedure
Preliminary Draft
June 8, 2011
Section 2 - Street Tree Planting and Maintenance Standards
Preliminary Draft
June 8, 2011
Section 3 - Street Tree Removal Standards
Preliminary Draft
June 8, 2011
Section 4 - Median Tree Planting and Maintenance Standards
Preliminary Draft
June 8, 2011
Section 5 -Median Tree Removal Standards
Preliminary Draft
June 8, 2011
Section 6 - Sensitive Lands Tree Removal and Replacement Standards
Preliminary Draft
June 8, 2011
Section 7 - Development Tree Removal and Replacement Standards
Preliminary Draft
June 8, 2011
Section 8 —Urban Forestry Fund Tree Removal and Replacement Standards
Preliminary Draft
June 8, 2011
Section 9 - Heritage Tree Designation Removal Standards
Preliminary Draft
June 8, 2011
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Attachment 1 -Tree Risk Assessment Form
Preliminary Draft
June 8, 2011
Attachment 2 - Street Tree List
Preliminary Draft
June 8, 2011
Attachment 3 - Parking Lot Tree List
Preliminary Draft
June 8, 2011
Attachment 4 - Columnar Tree List
Preliminary Draft
June 8, 2011
Attachment 5 -Native Tree List
Preliminary Draft
June 8, 2011
Attachment 6 -Nuisance Tree List
Preliminary Draft
June 8, 2011
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URBAN FORESTRY MANUAL
Section 1 - Hazard Tree Evaluation and Abatement Procedure
Preliminary Draft
Tune 8; 2011
Part 1. Informal Reconciliation:
If interpersonal communication is not feasible or is unsuccessful; the claimant shall contact the
respondent by concurrently sending a re�w ar and certified letter that explains the reasons they
believe there is a hazard tree on the respondent's Property, demonstrates how the claimant's life,
limb, or property has the to be impacted by said tree, and offers to negotiate a solution that
is in compliance with all applicable rules and regulations either directly or through a third party
mediator. The claimant is encouraged to support their claim with documentation by a certified tree
risk assessor. The respondent shall have 7 calendar days or less from receipt of the certified letter or
14 calendar days or less from the postmarked date of the regular letter (whichever is soonerl to
respond to the claimant's proposal in writing by concurrent regular and certified mail. In order to
become ble for formal reconciliation; the claimant's letter shall cite Tigard Municipal Code
sections 8.08.020 and 8.08.030, explain the respondent's written response deadlines, and include all
of the other required elements listed above.
Part 2. Formal Reconciliation:
If the results of informal reconciliation are not acceptable to the claimant or there has been no
response for 21 calendar days or more since the claimant sent the concurrent regular and certified
haters. the claimant mayseek resolution through formal reconciliation by completing a hazard tree
dispute resolution application, paving a deposit for all applicable hazard tree dispute resolution fees,
and providing the City all documentation of informal reconciliation including but not limited to any
letters to and from the respondent, proof of certified mail delivery_ and proof of certified mail
receip�(if availablel.
The City shall use all readily available tools and technolowv w�gnia the hazard tree owner or
responsible party as defined in Tigard al Code Chapter 8.02. If the City determines that the
clams revious correspondence was with the incorrect respondent_ then the claimant shall be
required to complete the previous steps of the Hazard Tree Evaluation and Abatement Procedure
with the correct respondent before proceeding with formal reconciliation. If the claimant or
respondent disagrees with the City's assi nment of the hazard tree owner or responsible arty,
City shall be presented a land survey by a professional land surveyor that demonstrates the location
of the tree in question in relation to property lines within all listed deadlines in order for the City to
consider a reassignment of the hazard tree owner or responsible party.
Within 7 calendar days of receipt of all the required application materials_ the City s�gain access
to the respondent's property either voluntarily or with a warrant pursuant to Chapter 1.16 of the
Tigard Municipal Code. conduct a tree risk assessment by a certified tree risk assessor using the most
current version of the tree risk assessment methodolou developed by the International Societof
Arboriculture, determine if the definition of hazard tree in Tigard Municipal Code Chanter 8.02 has
been met and; if necessam prescribe hazard tree abatement as defined in Tigrd Mum al Code
Chapter 8.02.
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If the City determines the definition of hazard tree has been met. the City shall send a concurrent
reular and certified letter to the respondent. explain that the definition of hazard tree has been met.
explain the required hazard tree abatement procedures, and require that hazard tree abatement be
com leted in 7 calendar days or less from receipt of the certified letter or 14 calendar daysys or less
from the mailing date of the reWularj tter (whichever is less). The City shall also bill the respondent
for all applicable hazard tree dispute resolution fees, and refund the claimant prey deposited
hazard tree dispute resolution fees.
If the respondent fails to complete the hazard tree abatement within the required timeframe. the
Cinz shallain access to the �roheM either voluntarily or with a warrant, abate the hazard_ bill the
respondent for the cost of abatement including administrative costs, or place alien on the fro erty
for the cost of abatement including administrative costs pursuant to Chapter 1.16 of the Tigard
Municipal Code.
If the Cite determines the definition of hazard tree has not been met. the City shall send a
concurrent regular and certified letter to both the claimant and respondent explaining that the
definition of hazard tree has not been met and close the case.
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URBAN FORESTRY MANUAL
Section 2 - Street Tree Planting and Maintenance Standards
Preliminary Draft
Tune 8; 2011
Part 1. Street Tree Planting Standards:
a. Street trees shall be planted in a manner consistent with tree care industry standards.
b. Street trees shall have a minimum caliper of 1'/z inches at the time of lantjng.
c. Street tree species shall be from the Street Tree List_ unless otherwise approved by the City
Manager or designee.
d. Streespecies shall be appropriate for the planting environment as determined by the
City Mier o� r designee and seek to achieve a balance of the following
i. Consistency with previouslL roved street tree plans given space constraints for
roots and branches at maturity
ii. Compaq with space constraints for roots and branches at maturi : and
iii. Providing adequate species diversity citywide and reasonable resistance to pests an
diseases: and
iv. Consideration of the objectives of the current street tree planting proposal
e. Street trees shall be provided adequate spacing from new and existing trees according to the
following standards wherever possible:
i. Street trees categorized as small stature on the street tree list or by the City Manager
or designee shall be spaced no greater than 20 feet on center and not closer than 15
feet on center from other newly planted street trees or any egg tree that has been
inbound for over 3 years.
ii. Street trees categorized as medium stature on the street tree list or by the City
Manager or designee shall be spaced than 30 feet on center and not closer
than 20 feet on center from other newly planted street trees or an egg tree that
has been in the ground for over 3 years.
iii. Street trees categorized as large stature on the street tree list or by the City Manager
or designee shall be spaced no greater than 40 feet on center and not closer than 30
feet on center from other newly planted street trees or any egg tree that has been
inbound for over 3 eV ars.
iv. Any tree determined by the City Manager or designee to have a mature spread of less
than 20 feet shall be considered a small stature tree, and spaced accordingly when
used as a street tree.
f. Street trees shall be placed according to the following;standards:
i. Street trees categorized as small stature on the street tree list or by the City Manager
or designee shall not be planted with the center of their trunks closer than two (2�
feet from any hard surface paving:
ii. Street trees categorized as medium stature on the street tree list or by the City
Manager or designee shall not be planted with the center of their trunks closer than
two-and-a-half(2'/2) feet from any hard surface paving
iii. Street trees categorized as lame stature on the street tree list or by the Citv Manager
or designee shall not be planted with the center of their trunks closer than three (31
feet from any hard surface paving;
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iv. Not closer than four (41 feet on center from any fire hydrant_ utility box- or utility
Mile. ^
V. Not closer than two (21 feet on center from any underground utility:
vi. Not closer than 10 feet on center from a street light standard;
vii. Not closer than 20 feet from a street right of way corner as determined by the City
Manager or designee. The City Manager or desiznee,�quire a greater or lesser
corner setback based on an analysis of traffic and pedestrian safety impacts;
viii. Where there are overhead utility lines_ the street tree species selected shall be of a
type which_ at full maturiM willnot interfere with the lines; and
ix. Anv other standards found by the City Manager or designee to be relevant in order
to protect public safevy safeand public or private property.
g. Root barriers shall be installed according to the manufacturer's specifications when a street
tree is planted within five (55) feet of any hard surface payiniz or utility box_ or as otherwise
required by the City Engineer,
h. Street trees planted prior to the adoption of the most current version of the Street Tree
Planting Standards shall be exempt from the most current version of the Street Tree Planting
Standards. However, the most current version of the Street Tree Maintenance Standards
and the most current version of the Street Tree Removal Standards shall apply.
i. If street tree plantinais required by another section of the Urban ForestIT Manual or Tigard
Municipal Code- the City Manager or designee may allow for an "in lieu of planting fee"
equivalent to the City's cost to plant a street tree per the standards in Section 2_ Part 1 of the
Urban Forestry Manual and maintain a street tree per the standards in Section 2_ Part 2 of
the Urban Forestry Manual for a period of three Q) years after planting. Payment of an in
lies lanting fee shall satisfy the street tree planting requirement..
Part 2. Street Tree Maintenance Standards.
a. Street trees shall be maintained in a manner consistent with tree care industry standards.
b. Street trees shall be maintained in a manner that does not impede public street or sidewalk
traffic consistent with the specifications in section 7.40.060A of the Tigard Municipal
in lain
i. Eight (8) feet of clearance above public sidewalks:
ii. 13 feet of clearance above public local and neighborhood streets;
iii. 15 feet of clearance above public collector streets: and
iv. 18 feet of clearance above public arterial streets.
c. Street trees shall be maintained so as not to become hazard trees as defined in Chapter 8.02
of the Tigard Municipal Code.
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URBAN FORESTRY MANUAL
Section 3 - Street Tree Removal Standards
Preliminary Draft
Tune 8; 2011
Part 1. Street Tree Removal Standards:
a. Street trees shall be removed in a manner consistent with tree care industry standards.
b. The City Manager or designees prove the removal of a street tree if any one
following criteria are met:
i. The tree is a "hazard tree" as defined in Chapter 8.02 and"hazard tree abatement" as
defined in Chapter 8.02 cannot be completed in a manner that results in tree
retention consistent with tree care industry standards.
ii. The tree is dead.
iii. The tree is in an advanced state of decline with insufficient live foliage_ branches_
roots, or other tissue to sustain life.
iv. The tree is infested with pests or diseases that if left untreated will cause the tree to
ie_ enter an advanced state of decline_ or cause other trees to die or enter an
advanced state of decline.
V. The tree has sustained physical damage that will cause the tree to die or enter an
advanced state of decline. If the physical was caused by a person in violation
of Chapter 8.10 of the Tigard Municipal Code, the enforcement process outlined in
a
Chapter 8.20 shall be completed prior to approval.
vi. The tree is listed on the Nuisance Tree List.
vii. The tree location is such that it would not meet all of the street tree planting
standards in Section 2_ Parts 1e and 1f of the Urban Forestry Manual if it were a
nem l planted tree.
viii. The tree roots are causing damage to paved surfaces, infrastructure, utilities_
bis_ or other parts of the built environment.
ix. The tree location conflicts with areas of public street widening_ construction_ or
extension as shown in the Transportation System Plan.
X. Tree removal is required for the purposes of an approved building or land use
permit,utility or infrastructure installation_ or utility or infrastructure repair.
xi. The tree is part of a stand of trees_ and a certified arborist or certified forester
determines that thinning of interior trees within the stand of trees is necessary
overall stand heath_ the thinning will result in no less than 80% canopy cover at
maturity for the area to be thinned_ and that thinning; of non-native trees is
maximized prior to thinning of native trees.
c. Unless removed for thinning purposes (item b-xi above) the City Manager or designeeshall
condition the removal of a street tree upon the plantingof a rM lacement tree in accordance
with the Street Tree Planting Standards in Section 2_Part 1 of the Urban Forestry Manual.
d. If the Street Tree Planting Standards in Section 2_ Part 1 of the Urban Forestry Manual
preclude replanting within the same right of way abutting_on_ fronting on, or adiacen
property as the tree was removed or on private property within six ( feet of the same right
of way as the tree that was removed_ the applicant shall be exempt from planda
replacement tree. _
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URBAN FORESTRY MANUAL
Section 4- Median Tree Planting and Maintenance Standards
Preliminary Draft
Tune 8; 2011
Part 1. Median Tree Planting Standards:
a. Median trees shall be planted in a manner consistent with tree care industry standards.
b. Median trees shall have a minimum caliper of V/2inches at the time of plant*
c. Median tree species shall be from the Street Tree List, unless otherwise approved by the
Manager or designee.
d. Median tree species shall be appropriate for the planting environment as determined by the
City Mier o�r designee and seek to achieve a balance of the following
i. Consistency with previouslyapproved median tree plans given space constraints for
roots and branches at maturity
ii. Compatibility with space constraints for roots and branches at maturity:
iii. Providing adequate species diversity ci Wwide and reasonable resistance to pests and
diseases: and
iv. Consideration of the objectives of the current median tree plandnV Proposal.
e. Median trees shall be provided adequate spay from new and existing trees according to
the fob standards whereverpossible:
i. Median trees categorized as small stature on the street tree list or by the Citv
Manager or designee shall be spaced no greater than 20 feet on center and not closer
than 15 feet on center from other newly planted median trees or any egg tree
that has been in the ground for over 3 ey ars.
ii. Median trees categorized as medium stature on the street tree list or by the City
Manager or designee shall be spaced than 30 feet on center and not closer
than 20 feet on center from other newly planted median trees or any existing tree
that has been in the ground for over 3 years.
iii. Median trees categorized as large stature on the street tree list or by the Cite Manager
or designee shall be spaced no greater than 40 feet on center and not closer than 30
feet on center from other newly planted median trees or any existing tree that has
been in the ground for over 3 years,
iv. Any tree determined by the City Manager or designee to have a mature spread of less
than 20 feet shall be considered a small stature tree, and spaced accordingly when
used as a median tree.
f. Median trees shall be placed according to the following standards:
i. Median trees categorized as small stature on the street tree list or by the City
Manager or designee shall not be planted with the center of their trunks closer than
two (2) feet from any hard surface Paving=
ii. Median trees categorized as medium stature on the street tree list or by the Citv
Manager or designee shall not be planted with the center of their trunks closer than
two-and-a-half(2'/2) feet from any hard surface paving
iii. Median trees categorized as large stature on the street tree list or by the Citver
or designee shall not be planted with the center of their trunks closer than three (31
feet from any hard surface paving;
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iv. Not closer than four (41 feet on center from any fire hydrant, utility box. or utility
mlic. ^
V. Not closer than two (21 feet on center from any underground utility:
vi. Not closer than 10 feet on center from a street light standard;
vii. Not closer than 20 feet from a street right of way corner as determined by the City
Manager or designee. The City Manager or desiznee,�quire a greater or lesser
corner setback based on an analysis of traffic and pedestrian safety impacts;
viii. Where there are overhead utility lines_ the median tree species selected shall be of a
type which, at full maturit$,will not interfere with the lines; and
ix. Anv other standards found by the City Manager or designee to be relevant in order
to protect public safety and public or private property.
g. Root barriers shall be installed according to the manufacturer's specifications when a street
tree is planted within five (55) feet of any hard surface pavitig or utility box, or as otherwise
required by the City Engineer.
h. Median trees planted prior to the adoption of the most current version of the Median Tree
Planting Standards shall be exempt from the most current version of the Median Tree
Planting Standards. However. the most current version of the Median Tree Maintenance
Standards and the most current version of the Median Tree Removal Standards shall aaply.
i. If median tree planting is required by another section of the Urban Forestry Manual or
Tigard Municipal Code. the City Manager or designee may allow for an "in lieu of planting
fee" equivalent to the City's cost to plant a median tree per the standards in Section 4- Part 1
of the Urban Forestry Manual and maintain a street tree per the standards in Section 4. Part
2 of the Urban Forestry Manual for a period of three (3) years after planting. Payment of an
in lieu of planting fee shall satisfy the median tree planting requirement.
Part 2. Median Tree Maintenance Standards:
a. Median trees shall be maintained in a manner consistent with tree care industry standards.
b. Median trees shall be maintained in a manner that does not impede public street or sidewalk
traffic consistent with the specifications in section 7.40.060A of the Tigard Municipal Code
inch
i. Eight (8) feet of clearance above public sidewalks:
ii. 13 feet of clearance above public local and neighborhood streets
iii. 15 feet of clearance above public collector streets: and
iv. 18 feet of clearance above public arterial streets.
c. Median trees shall be maintained so as not to become hazard trees as defined in Chapter 8.02
of the Tigard Municipal Code.
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TIGARD URBAN FORESTRY MANUAL
Section 5 -Median Tree Removal Standards
Preliminary Draft
Tune 8; 2011
Part 1. Median Tree Removal Standards:
a. Median trees shall be removed in a manner consistent with tree care industry standards.
b. The City, Manalzer o�ee shall approve the removal of a median tree if any one of the
following criteria are met:
i. The tree is a "hazard tree" as defined in Chapter 8.02 and "hazard tree abatement"
as defined in Chapter 8.02 cannot be completed in a manner that results in tree
retention consistent with tree care industry standards:
ii. The tree isdead:
iii. The tree is in an advanced state of decline with insufficient live foliage_ branches_
roots, or other tissue to sustain life:
iv. The tree is infested with pests or diseases that if left untreated will cause the tree to
die_ enter an advanced state of decline_ or cause other trees to die or enter an
advanced state of decline;
v. The tree has sustained physical damage that will cause the tree to die or enter an
advanced state of decline. If the physical was caused by a person in violation
of Chapter 8.10 of the Tigard Municipal Code_ the enforcement Process outlined in
Chapter 8.20 shall be completed to aper
vi. The tree is listed on the Nuisance Tree List;
vii. The tree location is such that it would not meet all of the median tree1 n n
standards in Section 4_ Parts 1e and 1f of the Urban Forestry Manual if it were a
newly planted tree.
viii. The tree roots are causing damal;e to paved surfaces_ infrastructure_ utilities;
buildings_ or other parts of the built environment.
ix. The tree location conflicts with areas of public street widening_ construction_ or
extension as shown in the Transportation System Plan.
X. Tree removal is required for the purposes of an approved building or land use
permit_utility or infrastructure installation_ or utility or infrastructure repair.
xi. The tree is part of a stand of trees_ and a certified arborist or certified forester
determines that thinning of interior trees within the stand of trees is necessary for
overall stand heath_ the thinning; will result in no less than 80% canopy cover at
maturity for the area to be thinned_ and that thinning of non-native trees is
maximized prior to thinning of native trees. c
c. Unless removed for thinning purposes (item b-xi above) the City Manager or designee shall
condition the removal of a median tree upon the plantinIZ of a replacement tree within the
same median as the tree was removed in accordance with the Median Tree Planting
Standards in Section 4_ Part 1 of the Urban Forestry Manual.
d. If the Median Tree Planting Standards in Section 4_ Part 1 of the Urban Forestry Manual
preclude replanting within the same median as the tree was removed_ the applicant shall be
exempt from plantinga replacement tree.
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URBAN FORESTRY MANUAL
Section 6— Sensitive Lands Tree Removal and Replacement Standards
Preliminary Draft
Tune 8; 2011
Part 1. Sensitive Lands Tree Removal Standards:
a. Native trees in sensitive lands shall be removed in a manner consistent with tree care
industry standards.
b. The City Manager or designee shall approve the removal of a native tree in sensitive lands if
any one of the following criteria are met:
i. The tree is a "hazard tree" as defined in Chapter 8.02 and "hazard tree abatement" as
defined in Chapter 8.02 cannot be completed in a manner that results in tree
retention consistent with tree care indus=standards.
ii. The tree is in an advanced state of decline with insufficient live foliage_ branches_
roots, or other tissue to sustain life.
iii. The tree is infested with pests or diseases that if left untreated will cause the tree to
die, enter an advanced state of decline_ or cause other trees to die or enter an
advanced state of decline.
iv. The tree has sustained physical damage that will cause the tree to die or enter an
advanced state of decline. If the physical was caused by a person in violation
of Chapter 8.12 of the Tigard Municipal Code_ the enforcement process outlined in
Chapter 8.20 shall be completed prior to approval.
V. The tree is listed on the Nuisance Tree List.
vi. The tree roots are causingdamage to paved surfaces; infrastructure; utilities;
buildings_ or other parts of the built environment.
vii. The tree location conflicts with areas of public street widening_ construction_ or
extension as shown in the Transportation System Plan.
viii. Tree removal is required for the purposes of an approved building or land use
permit_utility or infrastructure installation; or utility or infrastructure repair.
ix. A certified arborist or certified forester determines that thinning of interior trees
within a stand of trees is necessary for overall stand heath_ the thinning will result in
no less than 80% canopy cover at maturity for the area to be thinned; and that
thinning of non-native trees is maximized prior to thinning of native trees.
c. Unless removed for thinning purposes (item b-ix above, the City Manager or designee shall
condition the removal of each tree in sensitive lands upon thel�anting of a replacement tree
in accordance with the Sensitive Lands Tree Replacement Standards in Section 6_ Part 2 of
the Urban Forestry Manual.
d. If the Sensitive Lands Tree Replacement Standards in Section 6_ Part 2 preclude replanting
within the same pro er as the tree that was removed_ the a_phcant shall be exempt from
plantingz a replacement tree.
Part 2. Sensitive Lands Tree Replacement Standards:
a. Replacement trees shall be planted in a manner consistent with tree care industry standards.
b. The minimum size of a replacement tree shall be 2 feet in height (from the too of the root
ball or equivalent to a 1 gallon container size.
c. Replacement trees shall be selected from the Native Tree List in the Urban Forestq Manual.
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d. The City Manager or designee may consider native trees that are less than 6" DBH as
replacement trees if they meet all applicable species, size; condition; and location
requirements in this Section and were not already irequired to be planted by the Tigard
Municipal Code.
e. The location of replacement trees shall be as follows:
i. As close as practicable to the location of the tree that was removed provided the
location complies with the other standards in this Section.
ii. No closer than 10 feet on center from newly planted or existing trees
iii. Trees categorized as small stature on the Native Tree List in the Urban Forestry
Manual or by the City Manager o��ee shall be spaced no closer than 15 feet
from the face of habitable building-
iv. Trees categorized as medium stature on the Native Tree List in the Urban Forestry
Manual or by the City Manager o�gnee shall be spaced no closer than 20 feet
from the face of habitable buildingg
V. Trees categorized as large stature on the Native Tree List in the Urban Forestry
Manual or by the City Manager or designee shall be spaced no closer than 30 feet
from the face of habitable building
vi. Trees categorized as small stature on the Native Tree List in the Urban Forestry
Manual or byth, e City Manager or designee shall not be planted with the center of
their trunks closer than two Ll feet from any hard surface paving
vii. Trees categorized as medium stature on the Native Tree List in the Urban Forestry
Manual shall not be planted with the center of their trunks closer than two-and-a-
half(21/21 feet from any hard surface paving
viii. Trees categorized as large stature on the Native Tree List in the Urban Forestry
Manual or by the Mana er or designee shall not be planted with the center of
their trunks closer than three (3) feet from any hard surface paving:
ix. Where there are overhead utility lines, the tree species selected shall be of a type
which: at full maturity,will not interfere with the lines.
f. The City Manager or designee may allow for an "in lieu of planting fee" equivalent to the
City's cost to plant a tree in sensitive lands per the standards in this Section and maintain-a
tree in sensitive lands per the standards in Section 8.12.030 of the Tigard Municipal Code for
a period of three Q)years after planting-. Payment of an in lieu of planting fee shall satisfy
the sensitive lands tree replacement requirement.
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URBAN FORESTRY MANUAL
Section 7—Development Tree Removal and Replacement Standards
Preliminary Draft
Tune 8; 2011
Part 1. Development Tree Removal Standards:
a. Trees to the requirements of Chapter 8.14 shall be removed in a manner consistent
with tree care industry standards.
b. The City Manager or designee shall approve the removal of trees subject to the requirements
of Chapter 8.14 if any one of the following criteria are met:
i. The tree is a "hazard tree" as defined in Chanter 8.02 and "hazard tree abatement" as
defined in Chanter 8.02 cannot be completed in a manner that results in tree
retention consistent with tree care indus=standards.
ii. The tree is dead.
iii. The tree is in an advanced state of decline with insufficient live foliage_ branches_
roots, or other tissue to sustain life.
iv. The tree is infested with bests or diseases that if left untreated will cause the tree to
e_ enter an advanced state of decline_ or cause other trees to die or enter an
advanced state of decline.
V. The tree has sustained physical damage that will cause the tree to die or enter an
advanced state of decline. If the physical damage was caused by a person in violation
of�ter 8.14 of the Tigard Municipal Code; the enforcement process outlined in
Chapter 8.20 shall be completed priori royal.
vi. The tree is listed in the Nuisance Tree List.
vii. The tree roots are causing damage to paved surfaces_ infrastructure_ utilities
buildings_ or other parts of the built environment.
viii. The tree location conflicts with areas of public street widening, construction_ or
extension as shown in the Transportation System Plan.
ix. Tree removal is required for the purposes of an approved building or land use
Vern-tit,utility or infrastructure installation: or utility or infrastructure repair.
X. The tree is part of a stand of trees_ and a certified arborist or certified forester
determines that thinning of interior trees within the stand of trees is necessary for
overall stand heath_ the thinning will result in no less than 80% canopy cover at
maturity for the area to be thinned_ and that thinning of non-native trees is
maximized prior to thinning of native trees.
c. Unless removed for thinning purposes (item b-x above) the City Manager or designee shall
condition the removal of each tree upon the planting of a replacement tree in accordance
with the Development Tree Replacement Standards in Section 7_ Part 2 of the Tigard Urban
Forestry Manual.
d. If the Development Tree Replacement Standards in Section 7_ Part 2 preclude replanting
within the same property as the tree that was removed_ the applicant shall be exempt from
plantingreplacement tree.
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Part 2. Development Tree Replacement Standards:
a. Replacement trees shall be planted in a manner consistent with tree care industry standards.
b. The replacement tree shall be located so as to replace the function of the tree that was
removed. For example_ trees removed from parking lots shall be replaced in parking lots
and trees removed from landscape buffers shall be replaced in landscape buffers. If plantinLy
in the same location would not com lv with the other standards in this Section_ the
replacement tree shall be planted as close as practicable to the tree that was removed in
compliance with the other standards in this Section.
c. The replacement species shall be the same stature or greater (at maturitQ as the tree that was
removed. If1�anting the same stature or greater tree would not comply with the other
standards in this Section, the replacement tree shall be the most similar stature practicable as
the tree that was removed in compliance with the other standards in this Section.
d. If the tree that was removed was part of a stand of trees; then the following standards apply
to the replacement tree:
i. The replacement tree shall be selected from the Native Tree List in the Urban
Forestry Manual unless otherwise approved by the City Manager or designee.
ii. The minimum size of the replacement tree shall be 2 feet in heiWht (from the top of
the root ball or equivalent to a 1 gallon container size.
iii. The replacement tree shall be located as follows:
a. No closer than 10 feet on center from newly planted or existing trees:
b. Trees catelZorized as small stature on the Native Tree List in the Urban
Forestry Manual or by the Citv Manager or desiznee shall be spaced no closer
than 15 feet from the face of habitable buildings
c. Trees categorized as medium stature on the Native Tree List in the Urban
Forestry Manual or by the City Manager or designee shall be spaced no closer
than 20 feet from the face of habitable buildinZs
d. Trees categorized as large stature on the Native Tree List in the Urban
Forestry Manual or by the City Manager or designee shall be spaced no closer
than 30 feet from the face of habitable buildings
e. Trees categorized as small stature on the Native Tree List in the Urban
Forestry Manual or by the City Manager or designee shall not be planted with
the center of their trunks closer than two (2) feet from any hard surface
a •n
f. Trees categorized as medium stature on the Native Tree List in the Urban
Forestry Manual shall not be planted with the center of their trunks closer
than two-and-a-half(2'/zl feet from any hard surface paving3
g. Trees categorized as larlze stature on the Native Tree List in the Urban
Forestry Manual or by the City Managerer o�ee shall not be planted with
the center of their trunks closer than three (31 feet from any hard surface
i • an
h. Where there are overhead utility lines_ the tree species selected shall be of a
t=e which_ at full maturity_will not interfere with the lines.
e. If the tree that was removed was an open grown tree. then the following standards apply to
the replacement tree:
i. The replacement tree shall be selected from any of the tree lists in the Urban
Forestry Manual (except the Nuisance Tree Listl unless otherwise approved by the
City Manager or designee. z
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ii. The minimum size of the replacement tree shall be '/z inch caliber for deciduous or 6
feet in height for evergreen.
iii. The replacement tree shall be located as follows:
a. Trees categorized as small stature on any of the tree lists in the Urban
Forestry Manual or by the City Mana er or designee shall be spaced no closer
than 15 feet on center from other newly planted or existing trees and 10 feet
from the face of habitable buildings
b. Trees categorized as medium stature on any of the tree lists in the Urban
Forestry Manual or by the City Manager o�gnee shall be spaced no closer
than 20 feet on center from other newly planted or existing trees and 15 feet
from the face of habitable buildings
c. Trees categorized as large stature on any of the tree lists in the Urban
Forestry Manual or by the City Manager or designee shall be spaced no closer
than 30 feet on center from other newly planted or existing trees and 20 feet
from the face of habitable buildings:
d. Trees determined by the City Manager or designee to have a mature spread
f less than 20 feet shall be considered small stature_ and shall be spaced no
closer than 15 feet on center from other newly Dlanted or existing trees an
10 feet from the face of habitable buildings
e. Trees categorized as small stature on any of the tree lists in the Urban
Forestry Manual or by the City Manager or designee shall not be plant
the center of their trunks closer than two ( ) feet from any hard surface
avin
f. Trees categorized as medium stature on any of the tree lists in the Urban
Forestry Manual shall not be planted with the center of their trunks closer
an two-and-a-half(2'/21 feet from any hard surface paving:
g. Trees categorized as large stature on any of the tree lists in the Urban
Forestry Manual or by the City Manager or designee shall not be planted with
the center of their trunks closer than three (33) feet from any hard surface
paw
h. Where there are overhead utility lines_ the tree species selected shall be of a
type which_ at full maturity.will not interfere with the lines.
f. The City Mana er or designee may consider existingtrereplacement trees if they
A applicable species; size; condition; and location requirements in this Section and were not
alread T� required to be planted or preserved by the Tigard Municipal Code.
g. The City Manager or desi ee may allow for an "in lieu of planting fee" equivalent to the
City's cost to plant a tree per the standards in this Section and maintain a tree per the
standards in section 8.14.030 of the Tigard Municipal Code for a period of three (33) years
after planting. Payment of an in lieu of planting fee shall satisfy the development tree
replacement requirement.
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URBAN FORESTRY MANUAL
Section 8—Urban Forestry Fund Tree Removal and Replacement Standards
Preliminary Draft
Tune 8; 2011
Part 1. Urban Forestry Fund Tree Removal Standards:
a. Trees to the requirements of Chapter 8.16 shall be removed in a manner consistent
with tree care industry standards.
b. The City Manager or designee shall approve the removal of trees subject to the requirements
of Chapter 8.16 if any one of the followinlz criteria are met:
i. The tree is a "hazard tree" as defined in Chapter 8.02 and "hazard tree abatement" as
defined in Chapter 8.02 cannot be completed in a manner that results in tree
retention consistent with tree care indus=standards.
ii. The tree is dead.
iii. The tree is in an advanced state of decline with insufficient live foliage_ branches_
roots, or other tissue to sustain life.
iv. The tree is infested with pests or diseases that if left untreated will cause the tree to
e_ enter an advanced state of decline_ or cause other trees to die or enter an
advanced state of decline.
V. The tree has sustained physical damage that will cause the tree to die or enter an
advanced state of decline. If the physical damage was caused by a person in violation
of Chapter 8.16 of the Tigard Municipal Code; the enforcement process outlined in
Chapter 8.20 shall be completed priori royal.
vi. The tree is listed in the Nuisance Tree List.
vii. The tree roots are causing damage to paved surfaces_ infrastructure_ utilities
buildings_ or other parts of the built environment.
viii. The tree location conflicts with areas of public street widening, construction_ or
extension as shown in the Transportation System Plan.
ix. Tree removal is required for the purposes of an approved building or land use
Vern-tit,utility or infrastructure installation; or utility or infrastructure repair.
X. The tree is part of a stand of trees_ and a certified arborist or certified forester
determines that thinning of interior trees within the stand of trees is necessary for
overall stand heath_ the thinning will result in no less than 80% canopy cover at
maturity for the area to be thinned_ and that thinning of non-native trees is
maximized prior to thinning of native trees.
c. Unless removed for thinning purposes (item b-x above) the City Manager or designee shall
condition the removal of each tree upon the planting of a replacement tree in accordance
with the Urban Forestry Fund Tree Replacement Standards in Section 8_ Part 2 of the Urban
Forestry Manual.
d. If the Urban Forestry Fund Tree Replacement Standards in Section 8_ Part 2 preclude
replanting within the same property as the tree that was removed, the applicant shall be
exempt from landnga replacement tree.
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Part 2. Urban Forestry Fund Tree Replacement Standards:
a. Replacement trees shall be planted in a manner consistent with tree care industry standards.
b. The replacement species shall be the same stature or greater (at maturity) as the tree that was
removed. If planting the same stature or greater tree would not comply with the other
standards in this Section; the replacement tree shall be the most similar stature practicable as
the tree that was removed in compliance with the other standards in this Section.
c. If the tree that was removed was part of a stand of trees_ then the following standards apply
to the replacement tree:
i. The replacement tree shall be selected from the Native Tree List in the—Ur
±)an
Forestry Manual unless otherwise approved by the Mier or designee
ii. The minimum size of the replacement tree shall be 2 feet in height (from the top of
the root ball or equivalent to a 1 gallon container size.
iii. The replacement tree shall be located as follows:
a. No closer than 10 feet on center from newly planted or existing trees:
b. Trees categorized as small stature on the Native Tree List in the Urban
Forestry Manual or by testy Manager or designee shall be spaced no closer
than 15 feet from the face of habitable buildings,j•
c. Trees categorized as medium stature on the Native Tree List in the Urban
Forestry Manual or by the City Manager or designee shall be spaced no closer
than 20 feet from the face of habitable buildings
d. Trees categorized as lame stature on the Native Tree List in the Urban
Forestry Manual or by the City Manager or desiznee shall be spaced no closer
than 30 feet from the face of habitable buildings:
e. Trees categorized as small stature on the Native Tree List in the Urban
Forestry Manual or by the City Managerer o�ee shall not be plant
the center of their trunks closer than two (2) feet from any hard surface
avin
f. Trees categorized as medium stature on the Native Tree List in the Urban
Forestry Manual shall not be planted with the center of their trunks closer
than two-and-a-half(,2'/2) feet from any hard surface paving-
g. Trees categorized as large stature on the Native Tree List in the Urban
Forestry Manual or by the City Manager or designee shall not be planted with
the center of their trunks closer than three (3) feet from any hard surface
in n
h. Where there are overhead utility lines_ the tree species selected shallbe of a
type which_ at full maturity:will not interfere with the lines.
d. If the tree that was removed was an open grown tree; then the following standards appy
the replacement tree:
i. The replacement tree shall be selected from any of the tree lists in the Urban
Forestry Manual (except the Nuisance Tree Listl unless otherwise approved by the
City Manager or designee.
ii. The minimum size of the replacement tree shall be 1'/z inch caliper for deciduous or
6 feet in height for evergreen.
iii. The replacement tree shall be located as follows:
a. Trees as small stature on any of the tree lists in the Urban
Forestry Manual or by the City Manager o�ee shall be spaced no closer
than 15 feet on center from other newly planted or existing_trees and 10 feet
from the face of habitable buildings-
-110-
b. Trees categorized as medium stature on any of the tree lists in the Urban
Forestry Manual or bythe Managerer o�ee shall be spaced no closer
than 20 feet on center from other newlyplanted or existing trees and 15 feet
from the face of habitable buildings
c. Trees categorized as large stature on any of the tree lists in the Urban
Forestry Manual or by the City Manager o� rdesignee shall be spaced no closer
than 30 feet on center from other newly planted or existing trees and 20 feet
from the face of habitable buildings-
d.
uildingsd. Trees determined by the City Manager or designee to have a mature spread
of less than 20 feet shall be considered small stature, and shall be spaced no
closer than 15 feet on center from other newly planted or existing trees and
10 feet from the face of habitable buildings
e. Trees as small stature on any of the tree lists in the Urban
Forestry Manual or by the City Managerer o�ee shall not be planted with
the center of their trunks closer than two (2) feet from any hard surface
a in •
f. Trees categorized as medium stature on any of the tree lists in the Urban
Forestry Manual shall not be planted with the center of their trunks closer
than two-and-a-half(21/2Lfeet from any hard surface paving
g. Trees categorized as large stature on any of the tree lists in the Urban
Forestry Manual or by the City Manager or designee shall not be planted with
the center of their trunks closer than three (3) feet from any hard surface
avin
h. Where there are overhead utility lines, the tree species selected shall be of a
type which. at full maturity, will not interfere with the lines.
e. The City Manager or designee may consider existing trees as replacement trees if they meet
all applicable species, size, condition, and location requirements in this Section and were not
already required to be planted or preserved by the Tigard Municipal Code.
f. The City Manager or designee may allow for an "in lieu of planting fee" equivalent to the
City's cost to plant a tree per the standards in this Section and maintain a tree per the
}
standards in section 8.16.030 of the Tigard Municipal Code for a period of three (3 years
after planting. Payment of an in lieu of planting fee shall satisfy the urban forestry fund tree
replacement requirement.
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URBAN FORESTRY MANUAL
Section 9—Heritage Tree Designation Removal Standards
Preliminary Draft
Jun", 2011
Part 1. Heritage Tree Designation Removal Standards:
a. Heritage Trees subject to the requirements of Chanter 8.18 shall be removed in a manner
consistent with tree care industry standards.
b. The City Manager or designee shall approve the removal of Heritage Tree designation if any
one of the following criteria are met for a designated Heritage Tree:
i. The Heritage Tree is a "hazard tree" as defined in Chapter 8.02 and "hazard tree
abatement" as defined in Chanter 8.02 cannot be completed in a manner that results
in tree retention consistent with tree care indust-M standards.
ii. The Heritage Tree is dead.
iii. The Heritage Tree is in an advanced state of decline with insufficient live foliage.
ranches, roots, or other tissue to sustain life.
iv. The Heritage Tree has sustained Physical damage that will cause the tree to die or
enter an advanced state of decline. If the physical was caused by a person in
violation of Chanter 8.18 of the Tigard Municipal Code; the enforcement process
outlined in Chapter 8.20 shall be compl�prio� proval.
V. The Heritage Tree is part of a stand of Heritage Trees, and a certified arborist or
certified forester determines that thinning of interior Heritage Trees within the stand
of Heritage Trees is necessary for overall stand heath_ the thinning will result in no
less than 80% canopy cover at maturity for the area to be thinna and that thinning
of non-native Heritage Trees is maximized prior to thinning of native Heritage
Trees.
c. Replacement of Heritage Trees is not required unless a Heritage Tree is also subject to other
provisions of the Tiv_ard Municipal Code that requireplac
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City of Tigard
Tree Risk Assessment Form
Hazard Rating:
Probability + The Target + Size of = Overall Risk
of Failure Area Defective Part Rating
Recommended Hazard Tree Abatement Procedures (If overall risk rating is 9 or above):
Property Address:
Location: ❑ Public ❑ Private ❑ Right-of-way
Protected Tree: ❑ Yes ❑ No
Tree Species:
Diameter at Breast Height (DBH):
Tree Height:
Crown Spread:
Tree part subject of evaluation:
Diameter of subject tree part:
Distance to target of subject tree part:
Length of subject tree part:
Target:
Occupancy of Target: ❑ Occasional Use ❑ Intermittent Use ❑ Frequent Use ❑ Constant Use
Date of Evaluation:
Certified Tree Risk Assessor:
Certificate Number:
ISA Number:
Certified Tree Risk Assessor Signature:
*Fill out this and supplemental rating form completely and attach:1)photos of the tree;2)an aerial photo showing the location
of the tree on the subject property;and 3) a supplemental tree risk assessment report more fully describing whether the
definition of hazard tree has been met and,if necessary,recommended hazard tree abatement procedures.
-113-
.... . points)
Low Defect is not likely to lead to imminent Minor branch or crown dieback,small wounds,minor defects.
1 point failure,and no further action is required. In
many cases,defects might not be recorded.
Moderate One or more defects areas well-established Several defects present.
2 points but typically do not lead to failure for several • Shell wall exceeds minimum requirement
years. Corrective action might be useful to • Cracks initiated but no extensive decay
prevent future problems but only if time and . Cavity opening or other stem damage less than 30%of circumference
money are available. Not the highest priority . Crown damage or breakage less than 50%of canopy(30%in pines)
for action,these are retain and monitor . Dead crown limbs with fine twigs attached and bark intact
situations used to inform budget and work • Weak branch union such as major branch or codominant stem with included
schedules for subsequent years. bark
Stem girdling roots with less than 40%of circumference compressed
Root damage or root decay affects less than 33%of roots within the critical
zone
• Standing dead tree that is recently dead(still has fine twigs)and no
other si 'ficant defects
Moderately One or more defects areas well-established, Areas of decay that may be expanding;trees that have developed a recent but not
High but not yet deemed to be a high priority issue. yet critical lean;cracks noted but may be stable;edge trees that may adapt and
3 points Additional testing may be required or,the become more stable.
assessor may feel the problems are not
serious enough to warrant immediate action,
but do warrant placing the tree on a list of
trees to be inspected more regularly. These
are Retain and Monitor trees.
High The defect is serious and imminent failure is One or more major defects present.
4 points likely and corrective action is required . Insufficient shell wall thickness
immediately. These cases require treatment . Large cracks,possibly associated with other defects
within the next few days or weeks. • Cavity opening greater than 30%of circumference
• Crown damage or breakage more than 50%of canopy(>30%in pines)
• Dead crown limbs with no fine twigs and bark peeling away. May be some
saprophytic fungal evidence
• Weak branch union has crack(s)or decay
Stem girdling root affects 40%or more of trunk circumference
More than 33%of roots are damaged within the critical zone
• Tree is leaning. Recent root breakage,or soil mounding,or cracks,
or extensive decay evident
Stand!a&dead tree,has ver)few fine twigs,and no other significant defects
The tree or component part is already failing. Multiple high or extreme risk defects present.
rExtrerne
points An emergency situation where treatment is • Shell wall is already cracked and failing
required today. • Major cracks already open,such as hazard beams or split trunks
More than 30%of circumference defective and cracks or decay obvious
Dead crown limbs,no fine twigs,no bark,decay present
• Weak branch union has crack(s)and decay
Leaning tree with recent root failure,soil mounding,and cracks
or extensive decay
• Dead branches hung up or partly failed
. Visual obstruction of traffic signs/lights at intersections
Any partly failed component or whole tree
• Standing dead trees that have been dead for more than one season with
L multiple defects such as cracks,decay,damaged roots,shedding bark
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Low Sites rated at one point are very rarely used for any long period of time,and people passing through the area(regardless of how
1 point they travel)do not spend a lot of time within the striking range of the tree. There are no valuable buildings or other facilities
within striking range. Examples are seldom used back country roads or trails,seldom used overflow or long-term parking,
industrial areas where workers drive machines(trucks,forklifts,tractors)with substantial cab protection;natural or wilderness
areas;transition areas with limited access;remote areas of yards,parks,or private lands open for public use within set hours. All of
these sites have relatively low occupancy within any one day.
Moderate Valuable buildings are at the edge off the striking distance,so they would not be seriously damaged even if the tree did fall down.
2 points The site has people within striking range occasionally,meaning less than 50%of the time span in any one day,week,or month,and
do not stay within striking range very long. Examples include areas that are used seasonally;more remote areas of camping areas
or parks;minor rural roads;picnic areas;low to moderate use trails;most park and school playgrounds.** Moderate to low use
parks,parking lots with daily use;secondary roads and intersections,dispersed camping sites,moderate to high use trails,works
and/or storage yards.
I
Moderately The site has valuable buildings within striking range. People are within striking range more than 50%of the time span in any one
High day,week,or month,and their exposure time can be more than just passing by. Examples include secondary roads,trails,and
3 points access points;less commonly used parking areas and trails within parks;trails alongside fairways,bus stops.
High The highest rated targets have a)a building within striking range frequently accessed by people,often for longer periods of time,or
4 points high volumes of people coming and going within striking range. Valuable buildings or other structures within striking range that
would suffer major structural damage in the event of tree failure or;b)people within striking distance of the tree,or both,seven
days a week,all year long,and at all times of the day. Examples include main roads,the busiest streets or highways;high volume
intersections power lines;*paths through busy open space areas and parks;short-term parking constantly in use;institutional
buildings such as police stations,hospitals,fire stations;shopping areas;highly used walking trails;pick up and drop off points for
commuters;golf tees and greens;emergency access routes and/or marshalling areas;handicap access areas;high use camping areas,
visitor centers or shelters;residential buildings;industrial areas where workers take outside breaks;development sites where work
activiLy within striking range lasts more than a few hours at a time.
*There are very specific safe work practices required when working close to Power Lines. These vary depending on location,but all employ similar principles.
**It is recognized that there is a tendency to rate playgrounds higher simply because children are involved. Most playgrounds are occupied for short periods of
time in daylight hours. Overall,their use is infrequent when compared to other locations such as busy streets.
Size of Defective Part(1-3 points)
1 point Branches or stems up to 10 centimeters(4 inches)in diameter
2 points Branches or stems between 10 to 50 centimeters(4 to 20 inches)in diameter.
3 points Branches or stems greater than 50 centimeters(20 inches)in diameter.
*In some cases,there may be large areas of sloughing back bark,dwarf mistletoe brooms,branch stubs,or large bird nests in cavities that pose a risk. The assessor
must use his or her judgment to assign a number to these components. In general,the lowest rating(1 point)is reserved for component parts that would not
create much impact on a person or property if it were to fail. The highest rating is used for parts that have the potential to kill people or seriously damage
property.
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Overall •
Risk Rating Risk Category Interpretation and Implications
3 Low 1 Insignificant—no concern at all.
4 Low 2 Insignificant—very minor issues.
5 Low 3 Insignificant—minor issues not of concern for many years yet.
6 Moderate 1 Some issues but nothing that is likely to cause any problems for another 10 years or more.
7 Moderate 2 Well defined issues—retain and monitor. Not expected to be a problem for at least another 5-10
ears.
8 Moderate 3 Well defined issues—retain and monitor. Not expected to be a problem for at least another 1-5 years.
9 I linh 1 The assessed issues have now become very clear. The tree can still reasonably be retained as it is not
likely to fall apart right away,but it must now be monitored annually. At this stage,it may be
reasonable for the risk manager/owner to hold public education sessions to inform people of the
issues and prepare them for the reality that part or the entire tree has to be removed.
10 High 2 The assessed issues have now become very clear. The probability of failure is now getting serious,or
the target rating and/or site context have changed such that mitigation measures should now be on a
schedule with a clearly defined timeline for action. There may still be time to inform the public of the
work being planned,but there is not enough time to protracted discussion about whether or not there
are alternative options available.
11 I ligh 3 The tree,or a part of it has reached a stage where it could fail at any time. Action to mitigate the
risk is required within weeks rather than months. By this stage there is not time to hold public
meetings to discuss the issue. Risk reduction is a clearly defined issue and although the owner may
wish to inform the public of the planned work,he/she should get on with it to avoid clearly
foreseeable liabilities.
12 Extreme This tree,or part of it,is in the process of failing. Immediate action is required. All other,less
significant tree work should be suspended,and roads or work areas should be closed off,until the risk
issues have been mitigated. This might be as simple as removing the critical part,drastically reducing
overall tree height,or taking the tree down and cordoning off the area until final clean up,or complete
removal can be accomplished. The immediate action required is to ensure that the clearly identified
risk of harm is eliminated. For areas hit by severe storms,where many extreme risk trees can occur,
drastic pruning and/or partial tree removals,followed by barriers to contain traffic,would be an
acceptable first stage of risk reduction. There is no time to inform people or worry about public
concerns. Clearly defined safety issues preclude further discussion.
The Table shown above outlines the interpretation and implications of the risk ratings and associated risk categories. This table is provided to inform the reader
about these risk categories so that they can better understand any risk abatement recommendations made in the risk assessment report.
Notes:
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Small Stature Trees(up to 25'in height at maturity)
Common Name Scientific Name Height feet Spread feet Canopy Area Soil Type Suitable for Under Powerlines Special Features/Considerations
Pa erbark Ma le Acer nseum 25' 25' 491 sq.ft. all Yes* peeling bark,tolerates some shade
Tatarian Ma le Acer tataricum 20' 20' 314 sq.ft. all Yes tolerant of urban stresses
Trident Maple Acer buergeranum 25' 20' 314 sq.ft. all Yes tolerant of urban stresses
Smaceber Amelancbier x grandiflora 25' 15' 177 sq.8. well drained Yes white flowers,edible fruit
Western Serviceber ; Ilmelanebieralni blia 20' 20' 314 sq.ft. loam Yes native to Portland metropolitan region
American Hombeam Carpinus carolaniana 25' 20' 314 sq.ft. all No needs ample water
Eastern Redbud Cercis canadensis 25' 25' 491 s .ft. all Yes pink flowers in spring before leaves emerge
Glo yblo er Tree Clerodendmm tricbotomum 20' 20' 314 sq.ft. all Yes colorful flowers in summer,blue berries in fall
Kousa Do ood Cornus kousa 25' 25' 491 sq.ft. all Yes shade tolerant
Flowermg.Dogwood Cornus arida 25' 25' 491 sq.ft. all Yes large number of varieties available
Lavalle Hawthorne Cratae us x lavallei 25' 20' 314 sq.ft. all Yes white flowers in May,oran e-red fruit persist into Winter
Black Hawthorne Cratae us dou lash 25' 20' 314 sq.ft. all Yes native to Portland metropolitan region,has thorns
Golden Desert Ash Fraxinus excelsior'Golden Desert' 20' 20' 314 sq.ft. all Yes golden twigs
Flowering-Ash Fraxinus ornus 25' 25' 491 sq.ft. all Yes fragrant flowers
Merrill Magnolia Magnolia x loebneri'Merrill' 25' 25' 491 sq.ft. all No fragrant white flowers
Southern Ma olia Magnolia grandiflora'Victoria'or'Little Gem' 25' 25' 491 sq.fr. all No broadleaf evergreen,large fragrant white flowers
Prariefire Crabal2ple Malus spp. 'Prariefire' 20' 20' 314 sq.ft. all Yes disease resistant
a anese Stewartta Stewartia pseudocamellia 25' 25' 491 sq.ft. loam No needs ample water
a anese Snowbell S ax'a onicur 25' 25' 491 s .ft well drained Yes white flowers hangdown from branches
a anese Tree Lilac S rin a reticulata 20' 15' 177 s .fr. well drained Yes showy,cream white flowers
*These trees have been approved by Portland General Electric(PGE)for
planting beneath overhead powerlines
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Medium Stature Trees(be en 25'and 40'in height at maturity)
Common Name Scientific Name Height(feet) Spread(feet) Canopy Area Soil Type Suitable for Under Powerlines Special Features/Consideration
Hede Ma_le Acer canrpestm 35' 30' 707 sq.ft. all No tolerant of urban stresses
Sunset Ma le Acer truncatum x Acer latanoides 35' 25' 491 sq.ft. all No many varieties available
Strawber Tree Arbutus'Marina' 30' 30' 707 sq.ft. all No broadleaf evergreen
Euro can Hornbeam Ca inns betulus 35' 25' 491 sq.8. all No dense crown
Katsura Cemebbhyllum laponicum 40' 40' 1256 sq.ft. all No requires moist soils
Yellowwood Cladrastis kentuckia 35' 35' 962 sq.ft. all No fragrant,white,pendulous flowers
Lune Snow Dogwood Cornus controversy'June Snow' 30' 35' 962 sq.ft. well drained No wide spreading,flowers in Ma/une
Pacific Dojewood Cornus nuttallii 40' 30' 707 sq.8. 11.am No native to Portland metropolitan region,requires moist soil and some shade
Dove Tree Davidia involuorata 35' 30' 707 sq.ft. well drained No dove-like flowers
Ra hood Ash F—inus o vg—pa'Ra ood' 35' 30' 707 sq.ft. all No smog tolerant
Goldenrain Tree Koelmateria panumlata 35' 35' 962 sq.ft. all No tolerant of urban stresses
Yulan Ma nolia Magnolia denudata 35' 30' 707 sq.8. all No white,fragrant flowers
Southern Magnolia Ma nolia andi ora'Edith Bo e' 35' 20' 314 sq.ft. all No broadleaf evergreen,man other varieties available
Sourwood O dendmm arboreum 30' 20' 314 sq.ft. well drained No white,midsummer flowers
American Ho hornbeam Ost a vi ,,a- 35' 25' 491 sq.ft. all No exfoliating bark texture is attractive
Persian Parroda Pamba persica 35' 25' 491well drained No beautiful bark and fall color
Amur Corktree Pbellodendmn amurense 40' 30' 707 s .ft. all No fragrant leaves and fruit
Caller y Pear P rus cane any 40' 25' 4912
.ft. all No manvarieties available
Cascara Rbamnus ursbiana 35' 25' 491 s .ft. all No native to Portland metropolitan region
Frontier Elm Ulmus'Frontier' 40' 30' 707 sq.ff. all No pest and disease resistant,substitute for American Elm
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Large Stature Trees over 40'in height at maturity)
Common Name Scientific Name Height feet Spread feetCanopy Area Soil Type Suitable for Under Powerlines Special Features/Consideration
Red Maple Acer rsb— 50' 35' 962 sq.ft. any No _many large stature varieties available
Hackbex Celtic occtdentalis 45' 35' 962 sq.ft. any No tolerant of urban stresses,deep rooted
Guro can Beech raps s lvatiea 50' 40' 1256 sq.ft. well drained No beautiful bark
White Ash Fraxinus americana 60' 45' 1590 sq.ft. any No plant seedless varieties
Ore on Ash Fraxinns dab olio 60' 30' 707 sq.ft. any No native to Portland metropolitan region
Green Ash Fraxinus pmjylvanica 50' 40' 1256 sq.ft. an, No plant seedless varieties
Maidenhair Tree Ginkgo biloba 60' 45' 11590 sq.fr. any No many large stature varieties available,plant males only
Hone loco t Gleditsia Snacantbos vas ine—is 45' 35' 1962 sq.ft. my No thornless,tolerant of urban stresses
Kentucky Coffeetree G mnoelodus dioims 65' 50' 1963 sq.ft. any No fragrant flowers
T j Tree L—dendron tali i era 60' 30' 707 sq.ft. any No beautiful fall color
Southern Ma no, Ma nolia ndi hra 70' 60' 1963 sq.ft. any No broadleaf evergreen,large fragrant white flowers
Blac m N sra lvakca 45' 25' 491 sq.ft. any No beautiful fall color
London Planettee Plat—x—i oka'Bloodgood' 50' 40' 1256 sq.ft. jany No iiscase resistant,pollution tolerant
Scotch Pine Pinus lvestns 50' 40' 1256 sq.ft. any No —green conifer,striking orange bark
Ore on Wlute Oak uezus a arra 65' 50' 1963 sq.ft. any No iative to Portland metropolitan region
Willow Oak uercus ph,116s 60' 45' 1590 sq.ft. any No olerant of urban stresses
Red Oak uercus rubra 60' 45' 1590 sq.ft. any No eautiful fall color
American Linden Tifaa americana 60' 30' 707 sq.ft. any No olerant of urban stresses
Stedin Silver Linden Tik'a tomentosa'Sterling Silver' 45' 30' 707 sq.ft. an• No lark green leaves with silver undersides
Zelkova Zelkow serrata 65' 50' 1963 sq.ft. any No Futractive shade tree
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Parking Lot Trees recommended for parking lots,large stature
Common Name Scientific Name Height feet S read feet Cano y Area Soil Type Suitable for under powerlines Special Features/Consideration
Bi eaf Ma le Acer macro h llum 65' 50' 1963 sq.ft. any No native to Portland metropolitan region
Red Maple Acer rubrum 50' 40' 1256 sq.ft. any No brilliant red fall color
Euro ean Beech Fa us jy1yalma 50' 40' 1256 sq.ft. well drained No beautiful bark
White Ash Fraxinur americana 60' 45' 1590 sq.ft. any No plant seedless varieties
Green Ash Fraxinus pennylvanica 50' 40' 1256 sq.ft. any No plant seedless varieties
Maidenhair Tree Ginkgo biloba 60' 45' 1590 sq.ft. any No many laze stature varieties available,plant males only
Kentucky Coffeetree G mnocladus dioicus 65' 50' 1963 sq.ft. any No fragrant flowers
Southern Magnolia Ma noba randi ora 70' 60' 2826 sq.ft. any No broadleaf evergreen,large fragrant white flowers
Austrian Pine Pinus nigra 55' 40' 1256 sq.ft. any No evergreen conifer
Eastern White Pine Pinus strobus 70' 40' 1256 sq.ft. any No evergreen conifer
Scotch Pine Pinus sylvestns 50' 40' 1256 sq.ft. any No evergreen conifer,striking orange bark
London Planetree Platanus x aceri glia'Bloodgood' 50' 40' 1256 sq.ft. any No disease resistant,pollution tolerant
Oregon White Oak Querrusganyana 65' 50' 1963 sq.ft. any No native to Portland metropolitan region
Willow Oak Quercus pbellos 60' 45' 1590 sq.ft. any No tolerant of urban stresses
Red Oak Qumus rubra 60' 45' 1590 sq.ft. any No beautiful fall color
Accolade Elm Ulmus'Morton' 70' 60' 2826 sq.ft. any No qaceful vase shaped tree,disease resistant substitute for American elm
Lacebark Elm Ulmus pamfolza 60' 50' 1963 sq.ft. an No interesting mottled bark
Pioneer Elm Ulmus'Pioneer' S0' 50' 1963 s .ft. an No rounded spreading crown,disease resistant substitute for American elm
Ore on M rtie Umbellulara tali arnica 70' S0' 1963 s .ft. an No broadleaf evergreen
Zelkova Zelkova serrata 65' 50' 1963 sq.ft. jany INo attractive shade tree
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Columnar Trees(canopy spread of less than 20 feet at maturity,small stature
Common Name Scientific Name Height feet Spread feet Canopy Area Soil Type Suitable for under powerhnes Special Features/Considerations
Armstron Ma le Acer rubmm'Armstrong' 45' 15' 177 sq.ft. any No orange-red fall color
BOwhall Ma le Acer rubrum'Bowhall' 40' 15' 177 sq.ft. any No bright red fall color
Frans Fontaine Hornbeam Ca inus betulas'Frans Fontaine' 35' 15' 177 s .ft. an No narrowest of the Carpinus b. cultivars
DmyWck Purple Beech Fa us s lvatica Dawyck Purple' 40' 12' 113 sq.ft. any No purple leaves for entire growing season
Princeton Sentry Ginkgo Ginkgo biloba'Princeton Sen 40' 15' 177 sq.ft. any No seedless,bright yellow fall color
Arnold Tuh Tree Liriodendron tul'i era'Arnold' 40' 10' 79 sq.ft. any No fast grower
Edith Bogue Magnolia Ma nolia randi ora'Edith Bogue' 30' 15' 177 sq.ft. any No broadleaf evergreen
GalaU-Mapnoha Magnolia x'Galax ' 30' 15' 177 sq.ft. an No showy ink flowers
Tschonoskii Craba le Malus tsebonoskii 30' 15' 177 sq.ft. any No good fall color
Arnold Sentinel Austrian Pine Pinus nigra `Arnold Sentinel' 35' 10' 79 sq.ft. any No evergreen conifer
Fastigiate White Pine Pinus strobus'Fasti 'ata' 30' 10' 79 sq.ft. well drained No evergreen conifer
uakin As en Po ulus tremuloides 30' 15' 177 sq.ft. any No native to the Portland Metro re 'on
Ca ital Pear P rw calle ana'Capital' 35' 12' 113 sq.ft. any No glossy summer foliage
Chanticleer Pear P ms calle ana'Chanticleer' 40' 15' 177 sq.ft. any No resistant to firebli ht
Columnar Sargent Cher Prunus sa entii'Columnaris' 35' 15' 177 sq.ft. any No pink flowers and reddish bark
S rocket Oakuereus robar Tasti 'ata' 45' 15' 177 sq.ft. well drained No may hold brown leaves into winter
Crimson S ire Oak Quercus roburx .alba'Crimschmidt' 45' 15' 177 sq.ft. well drained No red fall color
evergreen conifer,species native to the
Giant Arborvitae"Virescens" Tbu'a licata'Virescens' 25' 12' 113 sq.ft. moist No Portland Metro Region
Corinthian Linden Tilia cordata'Corzam' 45' 15' 177 s .ft. an No narrowest of the linden cultivars
Columnar Zelkova Zelkova serrata'Musashino" 45' 15' 177 sq.ft. an No fine textured leaves
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Native Trees
Common Name Scientific Name Height(feet) Spread feet Canopy Area Stature Suitable for under powerlines Primary Habitat Types
Grand Fir Abies rands 150' 40' 1256 sq.ft. Large No Wetland,Riparian,Upland
Big-leaf Ma le Acer macrob llum 65' 50' 1963 sq.ft. Large No Upland
Red Alder Alnus rubra 100' 40' 1256 sq.ft. Large No Riparian,Upland
Madrone Arbutus men 'esaa 40' 30' 707 sq.ft. Medium No Upland
Pacific Do ood Cornus nuttallii 40' 30' 707 sq.ft. Medium No Upland
Black Hawthorn Cratae us dou lash 25' 20' 314 sq.ft. Small Yes Wetland,Riparian,Upland
Oregon Ash Fraxinus lata olia 60' 30' 707 sq.ft. Large No Wetland,Riparian
Ponderosa Pine Pinus ponderosa 200' 30' 707 sq.ft. Large No Upland
Black Cottonwood Po ulus balsamifera ssp.tricboca a 175' 40' 1256 sq.ft. Large No Wetland,Fjparian
uakin As en Po ulus tremuloides 30' 15' 177 sq.ft. Medium No Wetland,Riparian
Bitter Che Prunus emarginata 30' 20' 314 sq.ft. Medium No Riparian,Upland
Douglas Fir Pseudotsu a men mi 180' 40' 1256 sq.ft. Large No Upland
Gar Oak Quercus ganyana 65' 50' 1963 sq.ft. Large No Upland
Cascara Rbamnus pursbiana 35' 25' 491 sq.ft. Medium No Riparian,Upland
Pacific Willow Salix lucida ssp.lasiandra 40' 30' 707 sq.ft. Medium No Wetland,Riparian
Ri d Willow Salix tiida var.macrogemma 30' 20' 314 sq.ft. Small No Wetland,Riparian
Scouler Willow Salix scoulenana 40' 40' 1256 sq.ft. Medium No Wetland,Riparian,Upland
Pacific Yew Taxus breva olia 40' 30' 707 sq.ft. Medium No Riparian,Upland
Western Red Cedar Thula plicata 100' 30' 707 sq.ft. Large No Wetland,Riparian,Upland
Western Hemlock Tsu a bete-b lla 150' 40' 1256 sq.ft. Large No IRiparian,Upland
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Nuisance Tree List
Common Name Scientific Name Photos Photos Photos
Norway maple Acer latanoides leaf detail fruit detail flower detail
Sycamore maple Acer seudo latanus leaf detail fruit detail flower detail
Tree-of-heaven Ailanthus altissima leaf detail fruit detail flower detail
European white birch Betula pendula leaf detail fruit detail flower detail
En lish hawthorn Cratae us monogyna leaf detail fruit detail flower detail
En lish holtIlex a ui olium leaf detail fruit detail flower detail
Princess tree Paulownia tomentosa leaf detail fruit detail flower detail
White poplar Po ulus alba leaf detail fruit detail flower detail
Sweet cherry Prunus avium leaf detail fruit detail flower detail
Black locust Kobinia pseadoacada leaf detail fruit detail flower detail
Euro can mountain ash Sorbus aucu aria leaf detail fruit detail flower detail
Siberian elm Ulmus pumila leaf detail fruit detail flower detail
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City of Tigard
. . Memorandum
To: Urban Forestry Code Revisions Citizen Advisory Committee
From: Todd Prager,Associate Planner/Arborist
Re: Relationship of Urban Forestry Code Revisions to the Urban Forestry
Master Plan
Date: May 12, 2011
Introduction
This memo is intended to clarify the relationship of the Urban Forestry Code Revisions project to the
Urban Forestry Master Plan.
Background
The Urban Forestry Master Plan was accepted by council in November 2009 and is intended to set a course
of action for the city's urban forestry program until the year 2016, at which time it will be reviewed and
updated. The Urban Forestry Master Plan includes the following overarching goals:
1. Revise Tigard's tree code (Chapter 18.790,includes development regulations and mitigation).
2. Revise Tigard's landscaping code (Chapter 18.745, includes street trees, parking lot trees, and other
required landscape trees).
3. Develop a tree grove protection program.
4. Develop a hazard tree identification and abatement program.
5. Improve the management of the city's urban forestry program.
6. Develop an urban forest stewardship program.
Goals 1-4 contain a variety of action measures to revise portions of the city code. The Urban Forestry Code
Revisions project was established by council as the process by which to implement the code revisions.
Goal 6 contains action measures to regularly update the Urban Forestry Master Plan, set achievable goals,
and monitor progress. Goal 6 also includes an action measure to "strive to achieve 40% citywide tree
canopy by 2047."
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Discussion
Although staff and the CAC have been working to develop code that is supportive of the 40% citywide tree
canopy goal, staff would like to clarify that the Urban Forestry Code Revisions project is not intended to be
the primary vehicle for achieving 40% citywide tree canopy.
There are action measures in the Urban Forestry Master Plan such as funding tree planting, preservation,
and management that have great potential to expand citywide tree canopy in a non-regulatory fashion.
Other action measures in the Urban Forestry Master Plan include increasing urban forestry outreach so that
more citizens will voluntarily plant and care for trees,which will also increase citywide canopy.
It is most accurate to think of the Urban Forestry Code Revisions project as but one of a suite of strategies
to advance the 40% citywide tree canopy goal.
Thus far during the Urban Forestry Code Revisions project, staff and the CAC have developed a proposal
for development to contribute a minimum level of canopy towards the citywide goal. The development
standards have been crafted to provide maximum flexibility in meeting canopy requirements through
planting and preservation of trees. There is also a discretionary option for "green" development or a "fee-
in-lieu" of planting or preservation. The development standards are intended to promote and reward tree
stewardship because significant bonus credits are given for the preservation of existing trees.
It is important to note that a blanket 40% actual canopy requirement for development is not proposed.
There are tiered canopy requirements based on zoning, preservation of existing trees is granted double
canopy credit, and planting of street trees is granted full canopy credit even though half of the canopy
overhangs streets which are not part of the calculations. When taking these factors into account, the actual
canopy required for a particular development will fall into the following range:
Tier 1 — 16%-40% for low&medium density residential'
Tier 2— 13%-33% for medium-high&high density residential/commercial/mixed use/industrial park2
Tier 3— 10%-25% for industrial/downtown/schools3
Assuming the top end of the range for each tier is required for every corresponding tax lot in the entire city,
and existing canopy over streets remains the same as today, the result would be 32% citywide canopy. This
demonstrates that non-regulatory solutions such as investment in street tree planting and planting in parks
and natural areas are required to achieve the 40% citywide canopy goal in the Urban Forestry Master Plan.
Conclusion
The Urban Forestry Code Revisions project alone is not designed or intended to meet the 40% citywide tree
canopy goal in the Urban Forestry Master Plan. The Urban Forestry Code Revisions project does require a
minimum contribution of canopy toward the citywide goal through code provisions that are equitable and
achievable. Other non-regulatory strategies such as investment in planting, preservation, management, and
outreach are essential elements in progressing towards the citywide goal. The Urban Forestry Master Plan is
the framework for periodic review, evaluation, and necessary adjustments towards the 40% citywide goal.
1 R-1,R-2,R-3.5,R-4.5,R-7,and R-12
2 R-25,R-40, GN,C-C,GG,C-P,MUE,MUE-1,MUE-2,MUC,MUR,and I-P
3 MU-CBD,MUC-1,I-L,I-H,and schools (18.130.0500))
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City of Tigard
Urban Forestry Code Revisions TAC
TIGARD Meeting Summary
MEETING DATE: April 19,2011, 3:00-4:30 p.m.
MEETING LOCATION: Tigard Public Works Auditorium
8777 SW Burnham St.,Tigard, OR 97223
Members Present— Gus Duenas (Development Engineer),Ted Kyle (City Engineer), Steve Martin (Parks and
Facilities Manager), Greg Stout (Grounds and Open Space Coordinator), Gary Pagenstecher (Associate
Planner),Todd Prager (Associate Planner/Arborist),Brian Rager (Assistant Public Works Director),Damon
Reische (CWS),Nate Shaub (GIS Analyst), Carla Staedter (Surface Water Quality/Volunteer Coordinator)
Visitors Present—Tim Lehrbach (Planning Assistant), Darren Wyss (Senior Planner)
1. Call to Order,TAC Meeting#8 Summary
Gary Pagenstecher opened the meeting and reviewed the agenda for the meeting. The group approved the summary
for the March 15, 2011 TAC Meeting#8 with no corrections.
2. Presentation and Discussion of Prcliminary Draft Tree Grove Preservation Incentives
Darren Wyss presented the draft tree grove'preservation incentives developed by staff and consultants. He said that
citizens at open houses and on the CAC have called for a staff level review process without requiring a public
hearing. Citizens generally support allowing density reductions and density transfer incentives but do not support
multifamily housing in single-family zones. Darren distributed examples of how incentives might look on specific
parcels with groves. The proposed incentives will give property owners and developers flexibility on development
standards to preserve all or part of a grove while not requiring a public hearing.
General criteria proposed for qualifying for new incentives are:
1. portion of tree grove on the site to be developed must beat least 10,000 square feet (and outside of
protected sensitive lands);
2. minimum 50% preservation requirement with arborist approval; and
3. preserved portion required to be set aside for permanent protection.
General incentives proposed are:
1. eliminate the tree grove area from minimum density calculations; and
2. density transfer from tree grove portion to non-tree grove portion of the site.
Darren said the CAC prefers a tiered approach to density transfers,which means that you can have smaller lots
based on the percentage of grove you preserve. One concern raised by citizens is ensuring that the preserved groves
are viable and appropriately maintained.Another concern is since courtyard housing is a new concept for Tigard it
should only be allowed in certain zones. Gary Pagenstecher pointed out that courtyard housing has been introduced
to Tigard at Coral Commons through the Site Development Review process.
Urban Forestry Code Revisions TAC Meeting Summary —April 19, 2011
City of Tigard 1 13125 SW Hall Blvd.,Tigard, OR 97223 1 503-639-4171 www.tigard-or.gov I Page 1 of 4
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Steve Martin asked if a conservation easement would be placed on the preserved portion of the grove. Darren
confirmed that yes, there would be in order to ensure that the grove for which an owner or developer is receiving
an incentive is protected after development is complete. Steve asked what would happen when a conflict arose
between a grove and the right-of-way improvement. Darren said the proposed options impose no regulatory
restrictions but are voluntary incentives. It will remain a policy choice by which goals (grove preservation or right of
way) are more important when planning for specific sites, and for developers it all comes down to how different
options pencil out. Todd Prager likened the proposed process to the Planned Development process, except that
instead of a public process, discretion is given to the Community Development Director. Gary said that the
proposed criteria and incentives potentially confer a large benefit for not having to save a lot of trees.
Todd noted that a desire to repeal minimum density requirements was heard often from the Home Builders
Association during the updating of the city's Comprehensive Plan. The HBA finds that preserving trees is difficult
because minimum density standards have to be met,but there could be a market for larger lots with tree groves.
Darren noted the consultants have suggested that if there was written into the process, a guarantee that the city
would maintain groves preserved in development on parcels adjacent to City properties, this could be an added
incentive. Gus Duenas asked if the groves would need a lot of maintenance. Steve said yes, there is a lot of
maintenance needed, especially removing hazard trees at the edges of the grove. A 10,000 square foot grove would
not be worth the city's effort to maintain, but a larger grove would.Brian Rager and Ted Kyle added that potential
liabilities are important to consider on a case by case basis. The city should always have right of refusal and the
opportunity to evaluate a property's liabilities before acceptance.
3. Introduction to and Discussion of Tree Permit Requirements
Todd Prager summarized current and proposed tree permit requirements.
Currently tree permits are required in 4 categories:
• Trees in sensitive lands
• Street trees:0,""
• Heritage trees `
• Trees required to be planted or preserved through a land use decision
The approval criteria for tree removal in sensitive lands are related to erosion control only. If you can provide
erosion control,you can remove the trees.
For the other regulated tree types (street trees,heritage trees, and land use trees), the approval criteria are not well
defined and this process is intended to provide better definition.
The CAC helped develop street tree requirements earlier in this process and recommended that street trees can be
removed if trees are in poor or hazardous condition, considered nuisance trees, causing damage, or preventing
allowed development to occur. Replacement of street trees is required if there is room on site. A discretionary
process is available for the removal for otherwise healthy street trees.
A survey of the CAC indicated consensus approval of extending the proposed criteria for street tree removal to
other types of tree removals. The survey also identified a few areas of disagreement:
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1. Should the city require a permit at all for removal of hazardous or nuisance trees?What would be the effect
of allowing such removal outright with no permit requirement?The CAC generally thinks there should be
permit process as long as it's low/no cost and user friendly. Other permit processes in the city provide
successful examples of this.
2. Should regulations for tree removal in sensitive lands only apply to native trees?The CAC favors focusing
preservation emphasis on native trees.
3. Should dead trees have protection?The CAC believes there should be no regulation on removing dead
trees, but dead trees should be encouraged where they make sense for wildlife habitat.
4. Should the city limit the removal of a certain number of trees per property owner per year? In the past,
developers have cut down all trees on a site in advance of development to avoid mitigation. The new code
will incentivize preservation. The CAC finds that this change in emphasis solves the problem of clearing
before development, rendering a limit on tree removal unnecessary.
Todd invited discussion about tree removal criteria. Carla Staedter asked whether a permit would be required for
any trees to be removed for thinning after planting at higher densities expecting higher mortality rates than happen.
Todd answered that thinning for forest health is proposed to be an automatic approval criterion.A permit would be
required but under a totally different process than the current process—a blanket permit approving all removals,
rather than one permit per tree. The proposed parameter for this is that as long as thinning still achieves 80%
canopy and the boundaries of the stand are maintained, any thinning for forest health will be allowed.
Carla asked how consistent the proposed code is with Clean Water Services regulations. Damon Reische responded
that he had not noticed any inconsistencies yet in any of the proposals.
Todd asked the group if the city should have an erosion control standard, since at present there is no clear method
to evaluate it. Ted Kyle suggested requiring a service provider letter, as is done for meeting design standards.
Damon said that CWS requires a service provider letter when a tree to be removed is located under a jurisdiction
where there is a removal permit process. CWS only has jurisdiction if a city has a removal permit process. Todd
relayed that the CAC is worried about making this process too difficult, and sending people to another jurisdiction
might be too difficult. Ted pointed out that the city could still handle all "front end" process with service provider
letters. Damon added that CWS could allow the city to act on CWS's behalf. Todd suggested establishing a
threshold, below which review could be completed by the city without involving CWS. Damon noted that there is a
benefit to CWS of their review: knowing the context saves time when conflict arises later. Ted submitted that a
hybrid plan would work, that an IGA could allow city review for erosion control. Todd reminded that all
development activity would automatically require CWS review. This discussion is just about homeowners wanting to
remove trees. Damon said that the city's criteria for hazard tree removal are more or less the same as CWS's criteria.
The city could include a similar mitigation requirement, too. Todd responded that the draft code will include 1-for-1
mitigation requirement. Gus Duenas asked if any consideration was being given to the size of the trees removed and
ones planted for mitigation. Todd replied there is not. Carla noted that seedlings do better than planting larger trees
in sensitive areas, anyway.
Todd wanted to clarify whether any thresholds were needed in the code that would trigger CWS review. Ted and
Damon agreed that this could be better addressed through an IGA and should not be in the code.
There was also discussion about whether landowners performing forest management activities could be granted
longer approval timeframes (up to five years) so they don't have to get a permit for each tree. Todd said he could
work on addressing this,perhaps by allowing owners with larger acreage more time to execute their permit.
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Carla and Steve noted that forest thinning operations can benefit forest health and be a revenue source. Todd
agreed and noted that the CAC was in favor of allowing sale of trees that were permitted to be removed.
Todd brought up a final issue for discussion: how to determine whether a tree is located within sensitive lands or
not. GIS is not an exact delineation. Todd proposes to use GIS maps for a best determination rather than requiring
a detailed delineation for a homeowner seeking to remove a tree. Todd asked Damon how CWS handles this issue.
Damon said CWS makes the determination for homeowners who are requesting approval for tree removal only. For
development,it depends on how complex the proposal is and whether CWS has time to do the evaluation. There is
a simplified method for applicants to do it, or they can hire a professional. He noted that Tigard's sensitive lands are
different than CWS's. Todd said the city's process could be similar to its method for delineating locations of street
trees using GIS. In the proposed code, applicants could have the option to hire a professional to delineate if they
disagree with the city's determination.
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4. Scheduling, Closing Remarks, and Adjournment
Gary Pagenstecher said that the next meeting would be on May 17, 2011. The meeting was adjourned.
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City of Tigard
Urban Forestry Code Revisions TAC
TIGARD Meeting Summary
MEETING DATE: May 17, 2011, 3:00-4:00 p.m.
MEETING LOCATION: Tigard Public Works Auditorium
8777 SW Burnham St.,Tigard, OR 97223
Members Present—Gus Duenas (Development Engineer), Steve Martin (Parks and Facilities Manager), Gary
Pagenstecher (Associate Planner),Todd Prager (Associate Planner/Arborist), Brian Rager (Assistant Public
Works Director), Damon Reische (CWS), Carla Staedter (Surface Water Quality/Volunteer Coordinator)
Visitors Present—Tim Lehrbach (Planning Assistant)
".'
1. Call to Order,TAC Meeting#9 Summary
Gary Pagenstecher opened the meeting and reviewed the agenda for the meeting. The group approved the summary
for the April 19, 2011 TAC Meeting#9 with no corrections.
2. Presentation and Discussion of Preliminary Draft Tree Permit Requirements
Todd Prager reviewed existing requirements for tree removal permits and presented the new,preliminary draft
requirements.
He said, the city currently regulates tree removal for certain types of trees including:
o Street and median trees;
o Trees in sensitive lands;
o Trees that were required by a land use approval (such as parking lot trees); and
o Heritage trees. ","k-
The city also currently protects trees that were planted using the Urban Forestry Fund by either focusing on
planting street trees (which require a permit to remove) or writing tree protection provisions into IGAs or MOUS
for individual tree planting projects.
The existing regulations for these protected tree types are scattered throughout the code or included in these
somewhat nebulous planting agreements. The intent of this new proposal is to consolidate the regulations into one
title in the Municipal Code for ease of cross reference and use by the city and public.
He noted that the proposal is not to regulate any more tree situations than it currently does. In fact, the proposal
actually regulates less trees and attempts to do so in a more targeted and straightforward way consistent with sound
resource management practices.
The main provisions of the consolidated Title 8 include:
o Permits will be required for all street and median trees (which is also a current requirement);
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o Permits will be required for only native trees in sensitive lands over 6"DBH (we currently regulate
non-native trees in sensitive lands as well so this is a significant change);
o Permits will be required for trees that were required by a land use approval which is also a current
requirement;
o Permits will be required for Heritage trees which is also a current requirement; and
o Finally permits will be required for trees that were planted using the Urban Forestry Fund. While
this is a new requirement,it simply replaces the need to develop written agreements for each
individual planting project.
He described the two ways to get permits for the protected tree types:
o The first is the City Manager Decision Making Procedures which are implemented administratively
by city staff without public review for simple situations such as trees that are in poor or hazardous
condition, nuisance trees, trees causing damage, or trees that would prevent allowed development
to occur. The detailed approval criteria are included in the Urban Forestry Manual.
o The second is the City Board or Commission Decision Making Procedures which are implemented
through a public review process by a designated board or commission for more complex situations
where the reasons for removal are unclear. The designed board or commission is authorized to use
their discretion to weigh the tree benefits and reasons for removal when making their decision.
He said replacement of all the protected tree types except Heritage Trees is required through planting or a fee in lieu
unless there is not room to replant on site. Heritage Trees are not required to be replaced because Heritage Trees
are unique and can not necessarily be replaced by planting a new tree.
He concluded by saying he tried to address the TAC discussion about thinning of stands of trees in a following
ways:
o First, he included provisions that exempt non-native trees in sensitive lands from permit
requirements. This will allow restoration projects to remove nuisance trees without a permit;
o He also included thinning for overall stand health as an approval criterion in the City Manager
Decision Making Procedures; and
o Lastly, he gave the city authority to approve removal permits for longer time periods when thinning
is proposed to occur over a number of years rather than all at one time.
He then opened the presentation up of questions or discussion.
Damon Reische asked if there is a list of native and non-native trees. Todd answered that there is a list of native
trees and a list of nuisance trees, and other classifications for specific purposes.All trees not on the native trees list
are considered non-native. Gus Duenas asked if blackberries or other vegetative nuisances were classified, and Todd
answered that only trees are included in these regulations.
Brian Rager asked how the new regulations apply to trees planted and maintained by Public Works. Todd
responded that he expects no additional regulations, only a more formalized process. The department would notify
the city arborist of the location and species of tree to be removed by completing a form and having the removal
entered in the permit tracking system. This process would replace the current practice of achieving the same
notification and approval via,variously, e-mails, calls,letters, or visits to the permit counter with a form. Brian asked
if that form is the removal permit application, and Todd confirmed that it is and it could be filled out electronically.
Carla Staedter asked if the city is using GIS to track trees planted using the Urban Forestry Fund.Todd replied that
he is beginning a roll out of the program with the GIS analyst to record the date, species, job ledger code, etc. of
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plantings in one layer. New points (or polygons for large planting areas) will continue to be added as new permits
are received or projects are completed. Carla noted that CWS has a layer of tree planting area polygons that could be
imported as well. Todd added that the tree points layer is a way of tracking for the public that the city is fulfilling its
obligations with the Urban Forestry Fund.
Gary Pagenstecher asked if a fee structure was being considered here. Todd said that the city does not presently
charge any fees for tree permits other than in sensitive lands and so is not recovering most of its costs for the city
arborist's work reviewing the permits. While this may be modified to allow for charging fees for some permits, any
change would be made under City Council direction as part of a different process. Options the Council might
consider would include charging a fee for all permits except those for removal on single-family residential lots
(because the latter are simple cases requiring little staff time), or;hair ' e for removal only beyond a certain
number of trees. He said the Citizen Advisory Committee (CACw e to see a low or no fee permit system to
garner community support for the program. .A
Gus Duenas asked for clarification of the difference between caliper and DBH. Todd said caliper is a nursery
measurement and DBH is a field measurement. Caliper and DBH are measured at different points on a tree. If a
tree is not newly planted from nursery stock, then DBH would be used to determine the size of a street tree for
example.
3. Scheduling, Closing Remarks, and Adjournment
Brian Rager asked for clarification about the draft abatement and lien processes and who administers either. Todd
Prager said the city arborist would administer either, according to a process being developed for all code compliance
procedures. Presently, the authority to abate code violations is granted in the code, but there is no process for doing
it so it hasn't been an option. The new compliance code provisions will define the process to favor abatement over
citation because abatement responds to the actual problem,while a citation does not.
Steve Martin and Carla Staedter discussed whether cottonwood trees should be exempt from permit requirements
because they are often hazardous. Todd Prager recommended the established hazard evaluation process to
determine whether a particular tree is hazardous. If a tree is deemed hazardous,it would receive automatic approval
under the proposed code.
Steve Martin asked who determines whether a tree is hazardous. Todd Prager said the property owner would be
required to demonstrate the hazard through the permit application process, and the city arborist would verify
whether it meets the established criteria.
The TAC supported the CAC recommendation for periodic review of the code after implementation to identify and
address any problems with code. The TAC said after the initial review period, reviewing the code every 3-4 years
would provide enough data to see any trends..
The TAC discussed the 40% citywide canopy goal and acknowledged that the code cannot achieve the goal on its
own. Acquisition and maintenance of parks with Parks Bond was identified as a key component as well as
restoration of stream corridors through Carla Staedter's program. Carla noted that the code requirements and
incentives for maximizing canopy over parking lots and streets are very important to her water quality compliance
programs.
Brian asked what steps are next in the Urban Forestry Code Revisions process. Todd responded that every topic in
the scope of work had been covered. The CAC will review the preliminary draft tree permit requirements at their
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June meeting. The Technical Advisory Committee will not meet in June as staff works to develop a complete
package of code revisions. Staff will then present this work to the Planning Commission and City Council and
receive feedback on the general direction of the work and whether anything specific is unfeasible. The City Attorney
will also review all the preliminary work. This information will be relayed back to the CAC and TAC for
consideration during the comprehensive review phase, and staff will work with the CAC to achieve consensus on
the complete proposal. A Peer Review Panel will also have chance to review the complete proposal and suggest any
final revisions prior to the public review/adoption process which begins in late 2011/early 2012.
The meeting was adjourned.
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