Ordinance No. 98-22
CITY OF TIGARD, OREGON
ORDINANCE NO.98- as
AN ORDINANCE CORRECTING OMISSIONS PERTAINING TO THE NEWLY ADOPTED
COMMUNITY DEVELOPMENT CODE (CORRECTING ORDINANCE NO. 98-19).
WHEREAS, the Tigard City Council adopted a revised Community Development Code, also known as
Title 18 of the Tigard Municipal Code, on August 25, 1998; and
WHEREAS, the new Community Development Code was adopted after a lengthy review process which
included study by the Community Development Code Task Force, a hearing before the Planning
Commission and a hearing before the City Council; and
WHEREAS, it was subsequently discovered that an illustration that was to have been shown on Page
18.730-7 was omitted in the final draft before the City Council; and
WHEREAS, Chapter 18.385, Miscellaneous Permits, was omitted in the final draft before the City Council
as was the reference to Chapter 18.385 in the Table of Contents; and
WHEREAS, the above-described omissions were discussed and included in the review and redraft of Title
18 during the review by the Community Development Code Task Force and were intended to a part of the
final draft.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: The illustration on the page identified as 18.730-7 (Exhibit A) shall be included in the
new draft of the Community Development Code adopted by the Tigard City Council in
Ordinance No. 98-19 on August 25, 1998.
SECTION 2. The reference to Chapter 18.385 in the Table of Contents (Exhibit 13) shall be included
in the new draft of the Community Development Code adopted by the Tigard City
Council in Ordinance No. 98-19 on August 25, 1998.
SECTION 3: Chapter 18.385 on the pages identified as 18.385-1 through 18.385-10 (Exhibit C) shall
be included in the new draft of the Community Development Code adopted by the
Tigard City Council in Ordinance No. 98-19 on August 25, 1998.
SECTION 4: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
ORDINANCE No. 98-?-
Page 1
PASSED: By LWatl fflDO.$ vote of all Council members present after being read by number and
title only, this 97' day of 1998.
ty City Recorder - 't of Tigard
i ; 19
APPROVED: By Tigard City Council this ?--7 day of ^0 C1019f'-
s Nicoli, Mayor
Approved as to form:
Ci A orney
lp._2?_c/
Date
1ACITYWIDE\CDCRD.DOC
ORDINANCE No. 98- Z
Page 2
Exhibit A
the lot need not exceed a depth one-half way between the depth of the abutting lot and the required
front yard depth.
C. Storage in front yard. Boats, trailers, campers, camper bodies, house trailers, recreation vehicles or
commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a
residential zone subject to the following:
1. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance
area oca dilly Yl ay which would ovJ,---+ ~l~tVl1 fro all adjacent dlly~ w$y of a11GG1;
2. No such unit shall be used for dwelling purposes except that one camper, house trailer or
recreational vehicle may be used for sleeping purposes only by friends, relatives or visitors on
land entirely owned by or leased to the host person for a period not to exceed 14 days in one
calendar year, provided that such unit shall not be connected to any utility, other than temporary
electricity hookups and provided that the host person shall receive no compensation for such
occupancy or use;
3. Any such unit parked in the front yard shall have current state license plates or registration and
must be kept in mobile condition.
D. Projections into required yards.
1. Cornices, eaves, belt courses, sills, canopies or similar architectural features may extend or
project into a required yard not more than 36 inches provided the width of such yard is not
reduced to less than three feet; • •
2. Fireplace chimneys may project into a required front, side or rear yard not more than three feet
provided the width or such yard is not reduced to less than three feet;
3. Open porches, decks or balconies not more than 36 inches in height and not covered by a roof or
canopy, may extend or project into a required rear or side yard provided such natural yard area is
not reduced to less than three feet and the deck is screened from abutting properties. Porches may
°xtend into a required front yard not more than 36 inches;
4. Unroofed landings and stairs may project into required front or rear yards only.
E. Lot area for flag lots.
1. The lot area for a flag lot shall comply with the lot area requirements of the applicable zoning
district;
2. The lot area shall be provided entirely within the building site area exclusive of any accessway
(see figure following).
AREA NOT INCLUDED
IN LOT AREA
LO A
F. Front yard determiutim The owner or developer of a flag lot may determine the location of the
front yard, provided no side yard setback area is Less than 10 feet and provided tiie requirements of
Section 18.730.01 OC, Building Heights and Flag Lots, are satisfied.
Exceptions to Development Standards 18.730-7 11/26/98
Exhibit B
® TITLE 18
DEVELOPMENT CODE FOR THE CITY OF TIGARD
TABLE OF CONTENTS
18,100 INTRODUCTION
18.100 Legislative Notes
18.110 Introduction
18.120 Definitions
18.130 Use Classifications
18.200 ADMINISTRATIVE PROVISIONS
18.200 Legislative Notes
18.210 General Provisions
18.220 Zoning Administration
18.230 Enforcement
18.300 LAND USE DECISIONS
18.300 Legislative Notes
18.310 Summary of Land Use Permits
18320 Annexations
18.330 Conditional Uses
s
18.340 Director's Interpretations
18.350 Planned Developments
18.360 Site Development Reviews
18.370 Variances and Adjustments
18,380 Zoning Man and Text Amendments
13.385 Miscellaneous Permits
18.390 Decision-Making Procedures
18.400 LAND DIVISION
18.400 Legislative Notes
18.410 Lot Line Adjustments
18.420 Land Partitions
18.430 Subdivisions
18.500 ZONING DISTRICTS
18.500 Legislative Notes
18.510 Residential
18.520 Commercial
18.530 industrial
18.600 COMMUNITY PLAN AREA STANDARDS
18.600 Legislative Notes
18.610 Tigard Town Center (Optional)
13.620 Tigard Triangle
18.630 Washington Square Regional Center (Optional)
Table of Contents i .11/26/98
Exhibit C
Chapter 18.385
MISCELLANEOUS PERMITS
Sections:
18.385.010 Historic Overlay-Related Permits
18385.020 Home Occupation Permits
18.385.030 Non-Conforming Use Confirmation
18.385.040 Sensitive Land Permits
18.385.050 Temporary Use Permits
18.385.060 Tree Removal Permits
18385.010 Historic Overlay-Related Permits
A. Criteria for historic overlay district designation.
1. Approval of an historic overlay district designation shall be made by means of a Type IIIB
procedure, as governed by Section 18.390.050, when the Historic Sites and Districts Committee
finds that any of the following criteria have been met:
a. The proposed district or landmark would serve the purpose of the historic overlay district as
stated in Section 18.740.010, Purpose;
b. The site or area proposed for the designation reflects the broad cultural or natural history of
the community, state or nation;
c. The site or area is identified with historic personages, or with important events in national,
state or local history;
d. The site or area proposed for the designation embodies the distinguishing characteristics of
an architectural specimen inherently valuable for a study of a period, style or method of
construction; or
e. The proposed site or area is a notable work of a master builder, designer or architect.
2. The age of a specific bui!ding is not sufficient in itself to warrant designation as historic.
B. Criteria for removal of historic overlay district designation. Removal of an historic overlay district
designation shall be made by means of a Type 11I13 procedure, as governed by Section 18.390.050,
when the Historic Sites and Districts Committee funds that any of the following criteria have been met:
I. The original historic overlay district designation was placed on the site in error;
2. The resource designated with the historic overlay district designation has ceased to exist;
3. The resource designated with the historic overlay district designation is no longer of significance
to the public; or
4. The historic overlay district designation is causing the property owner to bear an unfair economic
burden to maintain the property as an historic or cultural resource.
Miscellaneous Permits 18.385-1 11/26/98
C. Criteria for exterior alterations. Approval for exterior alterations of structures in an historic overlay
® district shall be granted by means of a Type II procedure, as governed by Section 18.390.040, by the
Director using the following criteria:
1. The purpose of the historic overlay district as set forth i.^. Section 18.740,010;
2. The economic use of the structure in a historic overlay district and the reasonableness of the
proposed alteration and their relationship to the public interest in the structure's or landmark's
preservation or renovation;
3. The value and significance of the structure or landmark in an historic overlay district;
4. The physical condition of the structure or landmark in an historic overlay district;
5. The general compatibility of exterior design, arrangement, proportion, detail, scale, color, texture,
and materials proposed to be used with an existing structure in an historic overlay district;
D. Criteria for construction of new structures. Approval for exterior alterations of structures in an historic
overlay district shall be granted by means of a Type II procedure, as governed by Section 18.390.040,
by the Director using the following criteria:
1. The purpose of the historic overlay district as set forth in Section 18.740.010;
2. The economic effect of the new structure on the historic value of the district;
3. The visual effect of the proposed new structure on the architectural character of the district;
4. The general compatibility of the exterior design, arrangement, proportion, detail, scale, color,
texture and materials proposed to be used in the construction of the new building or structure; and
E. Criteria for demolition. Approval for demolition of structures in. an historic overlay district shall be
granted by means of a Type If procedure, as governed by Section 18.390.040, by the Director using
the following criteria:
1. Th.: purpose of this chapter as set forth in Section 18.740.010;
2. The criteria used in the original designation of the district in which the property under
consideration is situated;
3. The historical and architectural style, the general design, arrangement, materials of the structure
in question, or its appurtenant fixtures; the relationship of such features to similar features of the
other buildings within the district, and the position of the building or structure in relation to public
rights-of-way, and to other buildings and structures in the area;
4. The effects of the proposed work upon the protection, enhancement, perpetdation and use of the
district which cause it to possess a special character or special historical or aesthetic interest or
value;
I
Miscellaneous Permits 18.385-2 i I~Lp`jya
5. Whether denial of the permit will subject the City to potential liability, involve substantial
hardship to the applicant, and whether issuance of the permit would act to the substantial
detriment of the public welfare- And would be coriu iry to the intent and purposes of this title; and
18.385.020 Home Occupation Permits
A. Tvue I home occupation permit. A Type I home occupation permit will be processed by means of
a Type I procedure, as governeu by Section 18.390.030, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 Al.
B. Type II home occupation permit. A Type 11 home occupation permit will be processed by means of
a Type 11 procedure, as governed by Section 18.390.040, after a demonstration that the proposal
complies with all development criteria in Sections 18.742.040A and 18.742.050 A2. and subject to
the following approval criteria:
1. Is in conformance with the standards contained in this chapter; and
2. Will be subordinate to the residential use of the property; and
3. Is undertaken in a manner that is not detrimental nor disruptive in terns of appearance or
operation to neighboring properties and residents.
C. Conditions of approval. The Director may impose conditions upon the approval of a Type 11 home
occupation permit to ensure compliance with the requirements of this chapter. These conditions may
include, but are not limited to, the following:
1. Further limiting the hours, days, place and manner of operation;
2. Requiring site and building design features which minimize environmental impacts such as noise,
vibn~4ion, air pollution, glare, odor and dust;
3. Requiring additional building setbacks, and increased lot area, depth or widtil;
4. Further limiting the building area and outdoor storage used by the home occupation and restricting
the location of the use on the site in relationship to adjoining uses;
5. Designating the size, number, location and design of vehicle access points;
6. Requiring street right-of-way to be free at all times of vehicles associated with the home `
occupation;
7. Requiring landscaping, buffering and/or screening, of the home occupation from adjoining uses
and establishing standards for the continued maintenance of these improvements;
8. Requiring storm drainage improvements, and surfacing of parking and loading areas;
9. Limiting the extent and type of interior or exterior building remodeling necessary to accommodate
the home occupation;
10. Limiting or setting standards for the location and intensity of outdoor lighting;
Miscellaneous Permits 18.385-3 11i16/9a
1
11. Requiring and designating the size, height and location of fences and materials used for their
® construction;
12. Requiring the protection and preservation of existing trees, and other vegetation, watercourses,
slopes, wildlife habitat areas and drainage areas;
13. Limiting the type and numb-,r of vehicles or equipment to be parked or stored on the site; and
14. Any other limitations which the Director considers to be necessary or desirable to make the use
comply with the purposes stated in Sections 18.745.040 and 18.742.050.
D. Groun& for revocation. The Director may:
1 Revoke a home occupation approval if the conditions of approval have not been or are not being
complied with and the home occupation is otherwise being conducted in a manner contrary to this
chapter.
2. The Director shall approve the use as it exists, revoke the home occupation permit, or compel
measures to be taken to ensure compatibility with the neighborhood and conformance with this
chapter after reviewing a complaint. Complaints may be originated by the City of Tigard or the
public. Complaints from the public shall clearly state the objection to the home eccupatipu, such
as:
a. Generation of excessive traffic;
b. Exclusive use of on-street parking spaces;
c. Other offensive activities not compatible with a residential neighborhood.
E. Cessation of home occupation pending review If it is determined by the Director in exercise of
reasonable discretion, that the home occupation in question will. affect public health and safety, the
use may be ordered to cease pending Hearings Officer review and/or exhaustion of all appeals.
F. Waiting Reriod for re-application. When a home occupation permit has been revoke•J due to violation
of these standards, a minimum period of one year shall elapse before another application for a home
occupation on the subject parcel will be considered.
G. Invalidation of Permit. A home occupation permit shall become invalid if the applicant moves his or
her residence.
18.385.030 1`:nnconforming Use Confirmation
A. Permit requirement. Using a Type I procedure, as governed by Section 18.390.030, the following
criteria shall be used by the Director to issue a confirmation of legal nonconforming use:
1. Proof that the use was permitted by this title at the time it was established, by any of the
following:
a. Copies of building and/or land use permits issued at the time the use was established;
Miscellaneous Permits 18.3854 11/26/98
b, Copies of zoning code provisions and/or maps;
c. Demonstration that the use was established before the first development code for the
community was adopted.
2. Proof that the use has been rnainmined over time. This includes ctopies of the one or more of the
following evidence for every other year from the time the use was established until the current
year. Standard evidence that the use has been maintained over time includes:
a. Utility bills;
b. Income tax records;
s
c. Business licenses;
d. Listings in telephone, business and Polk directories;
e. Advertisements in dated publications, e.g., trade magazines, and/or;
f. Building, land use or development permits.
18.385.040 Sensitive Lands Permits
A. Permits required. An applicant who wishes to develop within a sensitive area, as defined in Chapter
18.775, must obtain a permit in certain situations. Depending on the nature and intensity of the
proposed activity within a sensitive area, either a Type 11 or Type III permit is required, as delineated
in Section 18.775.015 D and E. The approval criteria for various kinds of sensitive, areas, e.g.,
floodplain, are presented in Subsections B - E below.
B. Within the 100-year floodplain. The the Hearings Officer shall approve;, of approve with conditions
or deny an application request within the 100-year floodplain based upon findings that all of the
following criteria have been satisfied:
1. Land form alterations shall preserve or enhance the floodplain storage function and maintenance
of the zero-foot rise floodway shall not result in any encroachments, including fill, new
construction, substantial improvements and other development unless certified by a registered
professional engineer that the encroachment will not result in any increase in flood levels during
the base flood discharge;
2. Land form alterations or developments within the 100-year floodplain shall be allowed only in
areas designated as commercial or industrial on the comprehensive plan land use map, except that
alterations or developments associated with community recreation uses, utilities, or public support
facilities as defined in Chapter 18.120 of the Community Development Code shall be allowed in
areas designated residential subject to applicable zoning standards;
3. Where a land form alteration or development is permitted to occur within the floodplain it will
not result in any increase in the water surface elevation of the 100-year flood;
Miscellaneous Permits 18.385-5 11/26/98
4. The land form alteration or development plans includes a pedestrian/bicycle pathway in accordance
with the adopted pedestrian/bicycle pathway plan, unless the construction of said pathway is
deemed by the Hearings Officer as untimely;
5. The plans for the pedestrian/bicycle pathway indicate that no pathway will be below the elevation
of an average annual flood;
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands approvals shall be obtained; and
7. Where land form alterations and/or development are allowed within and adjacent to the 100-year
floodplain, the City shall require the dedication of sufficient open land area within and adjacent
to the floodplain in accordance with the comprehensive plan. This area shalt include portions of
a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in
accordance with the adopted pedestrian/bicycle pathway plan.
C. With excessive slopes. The appropriate approval authority shall approve, approve with conditions or
deny an application request for a sensitive lands permit on slopes of 25% or greater or unstable ground
based upon tindings that all of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than that required for the use;
2. The proposed land form alteration or development will not result in erosion, stream sedimentation,
ground instability, or other adverse on-site and off-site effects or hazards to life or property;
3. The structures are appropriately sited and designed to ensure structural stability and proper
drainage of foundation and crawl space areas for development with any of the following soil
conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow
depth-to-bedrock; and
4. Where natural vegetation has been removed due to land form alteration or development, the areas
not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance
with Chapter 18.745, Landscaping and Screening.
D. Within drainageway. The appropriate approval authority shall approve, approve with conditions or
deny an application request for a sensitive lands permit within drainageways based upon findings that
all of the following criteria have been satisfied:
1. The extent and nature of the proposed land form alteration or development will not create site
disturbances to the extent greater than that required for the use;
2. The proposed land form alteration or development will not result in erosion, stream sedimentation,
ground instability, or other adverse on-site and off site effects or hazards to life or property;
3. The water flow capacity of the drainageway is not decreased;
4. Where natural vegetation has been removed due to land form alteration or development, the areas
not covered by structures ~r impervious surfaces will be replanted to prevent erosion in accordance
with Chapter 18.745, Landscaping and Screening;
Miscellaneous Permits !8.385-6 11/26/98
5. The 4rainageway will be replaced by a public facility of adequate size to accommodate maximum
flow in accordance with the adopted 1981 Master Drainage Plan.
6. The necessary U.S. Army Corps of Engineers and State of Oregon Land Board, Division of State
Lands approvals shall be obtained.
7. Where land form alterations and/or development are allowed withir and adjacent to the 100-year
floodplain, the City shall require the dedication of sufficient open land area within and adjacent
to the floodplain in accordance with the Comprehensive Plan. This area shall include portions of .
a suitable elevation for the construction of a pedestrian/bicycle pathway within the floodplain in
accordance witA the adopted rpedestr :n bicyci" pa.'u,w`--"ry " plan.
E. Within wetlands. The Director shall approve, approve with conditions or deny an application request
for a sensitive lands permit within wetlands based upon findings that all of the following criteria have
been satisfied:
1. The proposed land form alteration or development is neither on wetland in an area designated as
significant wetland on the Comprehensive Plan Floodplain and Wetland Map nor is within 25 feet
of such a wetland;
2. The extent and nature of the proposed land form alteration or development will not create site
disturbances to an extent greater than the minimum required for the use;
3. Any encroachment or change in on-sift or off-site drainage which would adversely impact wetland
characteristics have been mitigated;
4. Where natural vegetation has been removed due to land form alteration or development, erosion
control provisions of the Surfacc Water Management program of Washington Couaty must be :net
and areas not covered by structures or impervious surfaces will be replanted in like or similar
species in accordance with Chapter 18.745, Landscaping and Screening;
5. All other sensitive lands requirements of this chapter have been met;
6. The provisions of Chapter 18.790, Tree Removal, shall be met.
7. Physical Limitations and Natural Hazards, Floodplains and Wetlands, Natural Areas, and Parks,
Recreation and Open Space policies of the Comprehensive Plan have been satisfied.
1.8385.060 Temporary Uses
A. Seasonal and special events. Using a Type I procedure, as governed by Section 18.390.030, the
Director shall approve, approve with conditions or deny based on findings that all of the following
criteria are satisfied:
1. The use occurs only once in a calendar year and for no longer a period than 30 days;
2. The use is permitted in the underlying zoning district;
3. The applicant has proof of the property-owner's permission to place the use on his/her property;
Miscellaneous Permits 18.385-7 11/26/98
4. There will be no parking utilized by the customers and employees of the temporary use which is
needed by the property owner to meet his/her minimum parking requirement, as governed by
Chapter 18.765, Parking and Loading.
S. The use will provide adequate vision clearance, as governed by Chapter 18.795, Vision Clearance,
and shall not obstruct pedestrian access on public rights-of-way.
B. Unforeseen/Emergency Situations. Using a Type 11 procedure, as governed by Section 18.390.040,
the Director shall approve, approve with conditions or deny based on findings that all of the following
criteria are satisfied:
1. The need for the use is the direct result of a asualty loss such as fire, wind storm, flood or other
sever; damage by the elements to a pre-existing structure or facility previously occupied by the
applicant on the premises for which the permit is sought;
2. The use of a mobile or manufactured home on a lot with an existing dwelling unit is necessary
to provide adequate and immediate health care for a relative who needs close attention who would
otherwise be required to receive needed attention from a hospital or care facility;
3. The applicant has been evicted within 60 days of the date of the application from a preexisting
occupancy of the premises for which the permit is sought as a result of condemnation proceedings
by a public authority, or eviction by abatement of nuisance proceedings, or by determination of
a public body or court having jurisdiction that the continued occupancy of the facilities previously
occupied constitutes a nuisance or is unsafe for continued use; or
4. There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable
circumstances or other hardship beyond the foresight and control of the applicant;
5. There exists adequate and safe ingress and egress when combined with the other uses of the
property, as required by Chapter 18.705, Access, Egress and Circulation, and Chapter 18.795,
Visual Clearance;
6. There exists adequate parking for the customers of the temporary use as required by Chapter
18.765, Ofd Street Parking;
7. The use will not result in congestion on adequate streets;
8. The use will pose no hazard to pedestrians in the area of the use;
9. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights
which will affect adjoining use, in a manner which other use allowed outright in the zone, would
not affect adjoining use; and
10. The use can be adequately served by sewer or septic system and water, if applicable.
Miscellaneous Permits 18.385-8 11/26/98
C. Temporary sales office or model home. By means of a Type I procedure, as governed by Section
18.390.030, the Director may approve, approve with conditions or deny the use of any real property
within the City as a temporary sales office, offices for the purpose of facilitating the sale of real
property, or model home in any subdivision or tract of land within this City, but for no other purpose,
provided the follow;ng criteria are satisfied:
1. Temporary sales office:
a. The temporary sales office shall be located within the boundaries of the subdivision or tract
of land in which the real property is to be sold; and
b. The property to be used for a temporary sales office shall not be permanently improved for
that purpose.
2. Model house:
a. The model house shall be located within the boundaries of the subdivision or tract of land
where the real property to be sold is situated; and
b. The property to be used for a model house shall be a permanently designed dwelling structure.
D. Temporary Building Using a Type II procedure, as governed by Section 18.390.040, The Director
may approve, approve with conditions or deny a temporary trailer or prefabricated building for use
on any real commercial or industrial property within the City as a temporary commercial or industrial
office or space associated with the primary use on the property, but for no other purpose, providing
the following criteria are satisfied:
1. The temporary trailer shall be located within the boundaries of the parcel of land on which it is
located;
2. The property to be used for a temporary trailer shall already be developed;
3. There exists adequate and safe ingress and egress when combined with the other uses of the
property; as required by Chapter 18.705, Access, Egress and Circulation, and Chapter 18.795,
Visual Clearance.
4. There exists adequate parking for the customers or users of the temporary use as required by
18.765, Off Strcet Parking;
5. The use will not result in congestion on adequate streets;
6. The use will pose no hazard to pedestrians in the area of the use;
7. The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights
which will effect the adjoining uses in a manner which other use3 allowed outright in the zone
would not affect the adjoining uses;
8. The use can be adequately served by sewer or septic system and water, if applicable; and
Miscellaneous Permits 18.383-9 11/26198
9. The length of time that the temporary building will be used is the maximum needed to address
AWN the hardship.
18385.070 Tree Removal Permits
A. Approval criteria. Using a Type I procedure, as governed by Section 18.399.030, the following
approval standards shall be used by the Director for the issuance of a tree removal permit on sensitive
lands:
1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow
of surface waters or water quality as evidenced by an erosion control plan which precludes:
a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on
public or private streets, adjacent property, or into the storm and surface water system, either
by direct deposit, dropping, discharge or as a result of the action of erosion.
b. Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or
evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not
filtered or captured on site using the techniques of Chapter 5 of the Washington County
Unified Sewerage :agency Environmental Protection and Erosion Control rules.
2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or
wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing
canopy cover if the existing canopy cover is less than 75%.
B. Effective date of permit. A tree removal permit shall be effective for one and one-half years from the
date of approval.
C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree
removal permit shall be extended for a period of up to one year if the Director finds that the applicant
is in compliance with all prior conditions of permit approval and that no material facts stated in the
original application have changed.
Miscellaneous Permits 18.385-10 11/26/98