Loading...
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 -2- 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) Tigard Urban Forestry Code Revisions CAC Page 1 Meeting#8 DRAFT Summary -3- 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. Tigard Urban Forestry Code Revisions CAC Page 2 Meeting#8 DRAFT Summary -4- 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 Meeting#8 DRAFT Summary -5- 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 Meeting#8 DRAFT Summary -6- -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 -7- 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 -9- 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 -10- • 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 I � � � I i i 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— \� 1 \ I A Tigard Urban Forestry Code Revisions CAC Page 9 Meeting#8 DRAFT Summary -11- 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 I Krouse -- --------------- Cou yard House o 0 _ / P 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 Meeting#8 DRAFT Summary -12- • 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 Meeting#8 DRAFT Summary -13- • 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 Tigard Urban Forestry Code Revisions CAC Page 12 Meeting#8 DRAFT Summary -14- 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 Meeting#8 DRAFT Summary -15- 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. -39- Commentary 8.02.030 Definition of Specific Words. Definitions continued. -40- 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. -41- Commentary 8.02.030 Definition of Specific Words. Definitions continued. -42- 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. _ -43- 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. -44- 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: -45- 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. -46- 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. -47- 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. -48- 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 -49- 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. -50- 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. -51- 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. -52- 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. -53- 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. -54- 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- -55- 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. -56- 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, -57- 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. -58- 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. -59- 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. -60- 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. -61- 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. -62- 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. -64- 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. -66- 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. -82- 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. -83- 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. -84- 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. -85- 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. -86- 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$250 per unlawfully removed tree and not more than the City's cost to plant and maintain per Tree Care Industry Standards and the standards in the Tigard Urban Forestry Manual for a period of three (33) years, an equivalent number of trees with a combined caliper equal to the DBH of each unlawfully removed tree; and Complete the process for a retroactive City Manager Tree Permit through the City Manager Decision Making Procedures detailed in section 8.04.020. The purpose of the retroactive City Mana er Tree Permit is to document the removal, and document the replacement if a lica le. -87- Commentary Chapter 9.08 HERITAGE TREES Chapter 9.08 contains the existing provisions for Heritage Tree designation,maintenance,removal, and enforcement. The Heritage Tree provisions have been revised and moved to Chapter 8.18 (Heritage Trees) in the new consolidated Urban Forestry Title 8. The revised Heritage Tree provisions allow for designation of two types of landmark trees (Heritage Trees and Significant Trees). The Significant Tree designation is new and allows for recognition of trees that are either of lesser landmark importance and/or the tree owner does not want regulatory protections for the tree. -88- Code Amendments ChapteF 9.08 14ERIT-AGE TREES-. Sections: 9.08.010 PUFPOSe and Definitions. 9.08.020 Nomination. O 4»n �lro 030 Review Aroeess. 9.08.050 Reeognition of Heritage TFeeS. 9.08.060 Remova! of ReFitage Tree Designation. 9.08.070 ineent1ves. 9.08.0io Purpose and Definitions. (1) The purpose of this chapter- is to foster- ap. 1 Provide f0f voluntafy Pf0tection 0 designated: ,.rt.,at trees . ,:th:,, the T:...,-fl City 1:.f4s ccHefitage oe is a tfee of stand of tfees that is designated to be of landmafk impoftance e t6-age, size, species,hoftictiltcorreal impvranC$ 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! -89- 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 -91- 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*� -93- 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 -94- 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 -95- 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. -96- 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. -97- 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; -98- 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. -99- 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. _ -100- 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; -101- 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. -102- 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. -103- 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. -104- 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. -105- 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. -106- 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 -107- 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. -108- 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. -109- 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. -111- 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 -112- 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 -114- 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. -115- 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: -116- 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 -117- 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 -118- 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 -119- 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 -120- 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 -121- 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 -122- 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 -123- 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." -124- 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)) -125- 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 -126- 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: 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 1 www.tigard-or.gov I Page 2 of 4 -127- 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. 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 1 www.tigard-or.gov I Page 3 of 4 -128- 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. -61011AII 4. Scheduling, Closing Remarks, and Adjournment Gary Pagenstecher said that the next meeting would be on May 17, 2011. The meeting was adjourned. 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 1 www.tigard-or.gov I Page 4 of 4 -129- 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); Urban Forestry Code Revisions TAC Meeting Summary— May 17, 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 4 -130- 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 Urban Forestry Code Revisions TAC Meeting Summary— May 17, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 4 -131- 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 Urban Forestry Code Revisions TAC Meeting Summary— May 17, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 3 of 4 -132- 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. uu ' Ry 5y IM IMM Forestry Code Revisions TAC Meeting Summary— May 17, 2011 City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 4 of 4 -133-