Ordinance No. 12-11 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 12-11
AN ORDINANCE TO ADOPT THE NON LAND USE ELEMENTS OF THE URBAN FORESTRY
CODE REVISIONS PROJECT BY AMENDING CHAPTERS 1.16, 6.01, 6.02, 7.40, CREATING
CHAPTERS 8.02,8.04,8.06,8.08,8.10,8.12,8.14,8.16,8.18,AND DELETING CHAPTERS 9.06 AND 9.08
OF THE TIGARD MUNICIPAL CODE. AS AMENDED BY THE TIGARD CITY COUNCIL ON
NOVEMBER 27, 2012. SEE EXHIBIT B ATTACHED.
WHEREAS, on June 3, 2008 the Tigard City Council adopted an Urban Forest section as part of the
Comprehensive Plan in order to establish broad goals and policies to guide the long-term management and
enhancement of the urban forest;and
WHEREAS, on August 10, 2010 the Tigard City Council readopted the Urban Forest section as part of the
Comprehensive Plan in order to provide more detailed findings to further support and explain the rationale for
the city's urban forestry goals and policies;and
WHEREAS, Policy 2.2.11 of the Tigard Comprehensive Plan requires the city to develop and implement a
citywide Urban Forestry Master Plan to guide the update of the city's urban forestry program;and
WHEREAS,on November, 10, 2009,the Tigard City Council adopted Resolution 09-69 accepting the City of
Tigard's Urban Forestry Master Plan;and
WHEREAS, the accepted Urban Forestry Master Plan analyzes the past and present conditions of Tigard's
Urban Forest,was developed through a public process,and recommends a course of action for Tigard's urban
forestry program through 2016;and
WHEREAS,a significant recommendation in the Urban Forestry Master Plan is a comprehensive evaluation of
the existing Tigard Municipal Code and implementation of non land use amendments such as hazard tree
identification and abatement requirements, tree permit requirements and authorization for administrative rules ;
in the Urban Forestry Manual;and
WHEREAS, on February 16, 2012, the Tigard City Council directed staff to implement the Tigard Municipal
Code related recommendations in the Urban Forestry Master Plan which include the non land use amendments
to the Tigard Municipal Code through the Urban Forestry Code Revisions project;and
WHEREAS, a public involvement plan was adopted by the city's Committee for Citizen Involvement in 2010
and implemented during the course of the Urban Forestry Code Revisions project to guide city staff and
decision makers;and
WHEREAS, a council appointed Citizen Advisory Committee charged with advising project staff during the
Urban Forestry Code Revisions project, met 11 times between June 2010 and September 2011, and reached
consensus through a set of guiding principles on the non land use amendments to the Tigard Municipal Code;
and
WHEREAS, a Technical Advisory Committee comprised of city staff and agency representatives was
concurrently convened to advise project staff on technical aspects during the Urban Forestry Code Revisions
ORDINANCE NO. 12-
Page 1
project, met 14 times between June 2010 and November 2011 and reached consensus on the technical
feasibility of the non land use amendments to the Tigard Municipal Code;and
WHEREAS, the public involvement plan included a citywide open house on December 8, 2011, at the
culmination of the public review phase and provided an opportunity for the public to review and comment on
the proposed amendments to the Tigard Municipal Code;and
WHEREAS,the public response at the citywide open house on December 8,2011,was generally supportive of
the of the non land use amendments to the Tigard Municipal Code;and
WHEREAS, the non land use amendments are not land use regulations,but function as elements of the city's
comprehensive urban forestry program;and
WHEREAS, the Tigard Planning Commission reviewed these non land use amendments to the Tigard
Municipal Code at one workshop and four public hearings between January 2012 and May 2012 while
concurrently reviewing the land use amendments (CPA 2011-00004 and DCA 2011-00002) of the Urban
Forestry Code Revisions project;and
WHEREAS, on May 7, 2012, the Tigard Planning Commission unanimously advised Tigard City Council that
the non land use amendments to the Tigard Municipal Code are consistent with and supportive of the land use
amendments;and
WHEREAS, on the following dates in 2012:July 24,August 14, September 11, October 23, November 13,
and November 27, the Tigard City Council held a public hearing to consider the non land use amendments to
the Tigard Municipal Code and the Tigard Planning Commission's advice;and
WHEREAS, Tigard City Council finds it necessary to delay implementation of the Urban Forestry Code
Revisions,which include the non land use amendments to the Tigard Municipal Code, until March 1,2013, to
ensure an orderly administrative transition to the new urban forestry regulations which includes ensuring that
the Urban Forestry Manual becomes effective prior to the non land use amendments;and
WHEREAS, on November 27, 2012, the Tigard City Council adopted the non land use amendments by
motion, pursuant to the public hearing and its deliberations,to be effective on March 1,2013.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code is amended to include new text and to amend and rescind existing text
as shown in "EXHIBIT A—on odd numbered pages 3 through 99 of Urban Forestry
Code Revisions Volume III;and
SECTION 2: With the exception of amendments to Section 8.02.030 (Administrative Rules - Urban
Forestry Manual),this ordinance shall be effective on March 1.
SECTION 3: Amendments to Section 8.02.030 (Administrative Rules - Urban Forestry Manual) shall be
effective 30 days after its passage by the council, signature by the mayor, and posting by the
city recorder.
SECTION 4: Council further adopts the commentary in Exhibit A(on even numbered pages 2 through 99)
as additional legislative intent for the corresponding code amendments.
ORDINANCE NO. 12-
Page 2
PASSED: By./raY Uh_vote of all council members present after being read by number and
p title only, s �Z7 day of 22012.
f
Tityorder
APPROVED: By Tigard City Council this day of 2012.
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Approved form:
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City Atto ey
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Date
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ORDINANCE NO. 12-
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Ordinance No. 12-11 -Exhibit A
Tigard Municipal Code — Staff Recommendation
How to Read This Section
This section is organized by Municipal Code chapter number. Odd-numbered pages show the
existing language with staff recommended amendments. Text that is recommended to be added to
the code is shown with double underlines. Text that is 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. Staff recommends focusing on the commentary to
gain a better understanding of the purpose of the code amendments.
The Urban Forestry Manual consists of administrative rules that implement the details of the urban
forestry related code provisions in Title 8,Title 18 and other applicable titles in the Tigard Municipal
Code. Section 8.02.040 of the Tigard Municipal Code enables administrative rulemaking for the
Urban Forestry Manual.The city manager is authorized to adopt and amend the Urban Forestry
Manual according to the procedures in Chapter 2.04 after council adoption of Section 8.02.040.The
Urban Forestry Manual is referenced as if it has already been adopted in order to demonstrate how it
relates to the code.
Table of Code Sections
Chapter1.16 Civil Infractions............................................................................................................3
Chapter 6.01 General Provisions and Penalties............................................................................9
Chapter 6.02 Nuisances Affecting Public Health,Safety and Peace....................................13
Chapter 8.02 Definitions and Administrative Rules.................................................................21
Chapter 8.04 Tree Permit Procedures...........................................................................................41
Chapter8.06 Hazard Trees..............................................................................................................47
Chapter 8.08 Street and Median Trees..........................................................................................51
Chapter 8.10 Trees in Sensitive Lands..........................................................................................57
Chapter 8.12 Trees That Were Required With Development...............................................61
Chapter 8.14 Trees That Were Planted Using the Urban Forestry Fund...........................65
Chapter 8.16 Heritage Trees............................................................................................................69
Chapter 9.06 Trees on City Property............................................................................................81
Chapter9.08 Heritage Trees............................................................................................................91
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City of Tigard Urban Forestry Code Revisions Volume III 3
Commentary
1.16 Civil Infractions
Currently,the "illegal tree removal".section in Chapter 18.790 outlines penalties for tree violations.
As part of the city's Regulatory Improvement Initiative, similar code items are being consolidated
wherever possible. Rather than retaining penalties for tree violations in Chapter 18.790, they are
being moved to Chapter 1.16,where nuisance infractions are already consolidated. Penalties for
violations of Title 8 (Urban Forestry) are also outlined in Chapter 1.16.
The table of contents for Articles I, Il, 111, and IV of Chapter 1.16 are unchanged. See Section
1.16.640 for code amendments.
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City of Tigard Urban Forestry Code Recisions I Volume III 14
Code Amendments
Chapter 1.16 CIVIL INFRACTIONS.
Sections:
ARTICLE I. GENERAL PROVISIONS
[No change to table of contents.]
ARTICLE II.JUDICIAL ENFORCEMENT
[No change to table of contents.]
ARTICLE III.ADMINISTRATIVE ENFORCEMENT
[No change to table of contents.]
ARTICLE IV. PENALTIES,FEES AND COSTS
[No change to table of contents.]
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City=of Tigard Urban Forestry Code Revisions Volume III 5
Commentary
1.16 Article I. General Provisions
Articles I,II and III are unchanged.Article IV,Sections 1.16.600 through 1.16.630 are unchanged.
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City of Tigard Urban Forestry Code Retirisions Volume 111 6
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Code Amendments
ARTICLE I. GENERAL PROVISIONS
[No change.]
ARTICLE II.JUDICIAL ENFORCEMENT
[No change.]
ARTICLE III.ADMINISTRATIVE ENFORCEMENT
[No change.]
ARTICLE IV. PENALTIES, FEES AND COSTS
1.16.600 through 1.16.630
[No change.]
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City of Tigard Urban Forestry Code Revisions Volume III 7
Commentary
1.16.640 Penalties and Fees—Amounts to be Assessed
Violations of Title 8 (Urban Forestry) and Title 18 (Community Development Code) are Class 1 civil
infractions. Penalties for Class 1 civil infractions are contained in Section 1.16.640.A.
Existing Chapter 18.790 outlines additional penalties for illegal tree removal,which includes a civil
penalty of up to $500,an additional penalty for the appraised value of the tree and mitigation based
on the size of tree removed. These additional penalties recognize the significant value that trees
provide to the community and the fact that once a mature tree is removed,it cannot be replaced.
Based on community discussions,additional penalties for illegal tree removal are still warranted.
However, flexibility in the penalty amount is desired so that the city has the ability to scale the
penalty based on the circumstances surrounding a particular case. A maximum penalty is desired to
protect citizens from disproportionate amounts.
During the development process,unauthorized moving,removing or damaging of tree protection
fencing and failure to provide required arborist inspection reports have been chronic issues. In
many cases,it is less expensive for violators to not comply,rather than hire an arborist as required.
A minimum penalty that is more than the cost of hiring an arborist will incentivize compliance and
reduce city staff time and resources associated with enforcement.
In addition to the general Class 1 civil infraction penalties for noncompliance with Titles 8 and 18,
the following specific penalties for the specific violations described above are:
• A minimum fine of$250 for illegal tree removal and a maximum fine of the cost to
plant and maintain for three years per tree care industry standards and the standards
in the Urban Forestry Manual a number of 1 '/2 caliper trees equal to the diameter of
the tree removed;
• A minimum fine of$250 and maximum fine of$500 for unauthorized moving,
removing or damaging of tree protection fencing;and
• A minimum fine of$250 and maximum fine of$500 for each late or omitted tree
protection inspection reports.
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City of Tigard Urban Forestry Code Revisions Volume III 8
Code Amendments
1.16.640 Penalties and Fees—Amounts to be Assessed
The civil penalty or administrative fee to be assessed for a specific infraction shall be as
follows:
A. For Class 1 infractions,
1. An amount not to exceed $250 per day under either the judicial or the
administrative enforcement process;or
2. Under the administrative enforcement process,an amount:
a. Computed in a manner established by administrative rule pursuant to
1.16.105.
b. For the entire period the violation exists and not for each day of the
violadomr =
3. For the specific urban forestry violations listed in Section M2-03D-F--an
amount remitted into the Urban Forestry Fund for tree 121antina and early es ab is men
a. Not less than $250 per ur lawfi& removed tree and not more than
the ci 's cost to plant and maintain for three years an euuivalcnt number of 1 '/2 inch cali�P�
trees with a combined call er equal to the DBH of each u law ,Uy removed tree
b. Not less than $250 and not more than $500 for damaging_ moving or
removing a tree protection fence:
C.
Not less than $250 and not more than $500 for each f it it o
provide inspection reort by the 1ro>ect arborist or landscape architect
B. For Class 2 infractions,an amount not to exceed$150 per day;
C. For Class 3 infractions, an amount not to exceed $50 per day. (Ord. 86-20
51(Exhibit A(8)(D)), 1986).
1.16.650 through 1.16.710
[No change.]
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City of Tigard Urban Forestry Code Revisions I Volume 111 19
Commentary
6.01 General Provisions and Penalties
The purpose of Title 6 is to consolidate all nuisance violations into one place for ease of use. This is
also consistent with the Regulatory Improvement Initiative. A nuisance is broadly defined as any
non-criminal violation of the code that affects public health, safety and peace.
Sections 6.01.020 (Definition of Noxious Vegetation),6.02.030 (Trees and Bushes) and 6.02.040
(Greenway Maintenance) contain provisions that address hazard trees.These provisions are slightly
revised for consistency with hazard tree provisions in Title S.
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City of Tigard Urban Forestry Code Revisions I Volume III 1 10
Code Amendments
Chapter 6.01
GENERAL PROVISIONS AND PENALTIES
6.01.010 Short Title
6.01.020 Definitions
6.01.030 Nuisances Designated—Class I Civil Infraction
6.01.040 Penalty for Violation of This Title
6.01.050 Administrative Rules
6.01.060 Enforcement—Minimum Requirements
6.01.010 Short Title
[No change]
6.01.020 Definitions
As used in this title:
A. through K.
[No change.]
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Cite of Tigard Urban Forestry Code Revisions I Volume III I I I
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Commentary
6.01.020 Definitions
This 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".
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City of Tigard Urban Forestry Code Revisions Volume III 12
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Code Amendments
L. "Noxious vegetation"means:
1. Weeds more than 10 inches high;
2. Grass more than 10 inches high and not within the exception stated in
paragraph 9 of this subsection;
3. Poison oak,poison ivy or similar vegetation;
4. Vegetation that is Likely
to cause fire;
5. Blackberry bushes that extend into a right-of-way 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 the right-of-
way or otherwise makes use of the right-of-way hazardous.
S. Any of the following invasive and noxious plants: Hedera helix L. (English
ivy), Heracleum mantegazzianum (giant hogweed), Lythrum salicaria L. (purple loosestrife),
Polygonum cuspidatum Qapanese knotweed),Rubus discolor(Himalayan blackberry);
9. "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 this subsection.
M. through Z.
[No change.]
6.01.030 through 6.01.060
[No change.]
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City of Tigard Urban Forestry Code Revisions Volume III 13
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Commentary
6.02 Nuisances Affecting Public Health, Safety and Peace
The purpose of Title 6 is to consolidate all nuisance violations into one place for ease of use. This is
also consistent with the Regulatory Improvement Initiative. A nuisance is broadly defined as any
non-criminal violation of the code.
Sections 6.02.030 (Trees and Bushes) and 6.02.040 (Greenway Maintenance) contain provisions that
address hazard trees.These provisions are slightly revised for consistency with hazard tree
provisions in Title 8.
The table of contents for Articles I,II,III,IV,V and VI of Chapter 6.02 are unchanged. See
Sections 6.02.030 and 6.02.040 for code amendments.
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City of Tigard Urban Forestry Code Revisions Volume III 14
Code Amendments
Chapter 6.02
NUISANCES AFFECTING PUBLIC HEALTH, SAFETY AND PEACE
Sections:
Article I. General Nuisances
[No change to table of contents.]
Article II. Property Development and Maintenance Requirements
[No change to table of contents.]
Article III. Junk, Garbage and Putrescible Waste
[No change to table of contents.]
Article IV. Streets and Sidewalks
[No change to table of contents.]
Article V. Noise Nuisances
[No change to table of contents.]
Article VI. Water Service and Meters
[No change to table of contents.]
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City of Tigard Urban Forestry Code Rei isions I Volume 111 15
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Commentary
6.02.030 Trees and Bushes
According to the City of Tigard Streets Division, the minimum height for branch clearance over
streets should be 13 feet.
Hazard trees are clearly defined using industry standard terminology in Chapter 8.02, so a cross
reference is included in Chapter 6.02 to ensure consistency in the use of terms and to continue to
treat hazard trees as nuisances.
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City of Tigard Urban Forestry Code Revisions Volume III 16
Code Amendments
Article I. General Nuisances
6.02.010 through 6.02.020
[No change.]
6.02.030 Trees and Bushes
A. No responsible party shall permit branches or roots of trees or bushes on the
property to extend into a right of way in a manner which interferes with its use.
B. It shall be the duty of a responsible party to keep the branches of all trees or bushes
on the premises that adjoin the right of way, including an adjoining parking strip, trimmed to a
height of not less than eight feet above a sidewalk and not less than 4-0 13-feet above a street.
C. No responsible party shall allow to stand any hazard tree as defined in Chaff t� er
$SL'
or�e per-sons or property an or neftr the property.
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City of Tigard Urban Forestry Code Revisions I Volume III 1 17
Commentary
6.02.040 Greenway Maintenance
The provisions of Chapter 8.10 (Trees in Sensitive Lands) address the removal of trees in sensitive
lands in a more comprehensive way than the existing provisions in Chapter 6.02.040. The term
"greenway"is not defined in the code,and "sensitive lands" could be considered equivalent or
somewhat more expansive. Removing the provisions of 6.02.040.B.2 is an interim solution until a
more comprehensive review of Section 6.02.040 occurs.
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City of Tigard Urban Forestry Code Revisions I Volume III 1 18
Code Amendments
6.02.040 Greenway Maintenance
A. A responsible party shall maintain the property, subject to an easement to the city or
to the public for greenway purposes.
B. Except as otherwise provided by this section and Sections 6.02.020 through 6.02.050,
6.02.210 through 6.02.230,and 6.02.310, the standards for maintenance shall be as follows:
1. 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. Ne tree ever &e feet itt height shall be reffieved tti-Aess atitherimed by--d-,e
-32. Grass shall be kept cut to a height not exceeding 10 inches, except when
some natural condition prevents cutting.
C. In situations where the approval authority establishes different standards or
additional standards, the standards shall be in writing and shall be recorded.
D. 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.
6.02.050 through 6.02.070
[No change.]
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City of Tigard Urban Forestry Code Revisions I Volume III 1 19
Commentary
6.02 Nuisances Affecting Public Health,Safety and Peace
Unchanged sections of Chapter 6.02 continued.
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Code Amendments
Article II. Property Development and Maintenance Requirements
[No change.]
Article III. Junk, Garbage and Putrescible Waste
[No change.]
Article IV. Streets and Sidewalks
[No change.]
Article V. Noise Nuisances
[No change.]
Article VI. Water Service and Meters
[No change.]
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City of Tigard Urban Forestry Code Revisions I Volume I11 121
Commentary
Chapter 8.02 DEFINITIONS ,PENALTIES AND ADMINISTRATIVE RULES
Chapter 8.02 is a foundational chapter for Title 8. It creates the authority for adopting and amending
administrative rules in the Urban Forestry Manual. It establishes penalties for urban forestry
violations. It also establishes the definitions sections for Title 8 and the Urban Forestry Manual.
8.02.010 Purpose
The purpose statement explains that the chapter creates the authority to adopt and amend
administrative rules in the Urban Forestry Manual. The purpose statement also explains the intent is
to provide definition and consistency of terms between the various urban forestry related chapters in
Title 8 and the Urban Forestry Manual. Finally, the purpose statement explains the chapter
establishes penalties for urban forestry violations.
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City of Tigard Urban Forestry Code Revisions I Volume III 122
Code Amendments
21GARD MUNICIPAL IPAI. .ODE
Title 8
URBAN FORESTRY
8.02 DEFINTIONS PENALTIES AND RULE
8.04 TREE PERMIT PROCEDURES
8.06 HAZARD F S
8.08 ST EFT AND MEDIAN TREES
8.10 TREES IN NSiTIVF.I ANDS
8.12 TREES THAT WERE RFC) IRFD WITH DF OPMENT
8.14 'FREES THAT WERE PLANTED D ISIN ,11JE IORESTRY FUND
8.16 HERITAGE TREE
Chanter 8 02 DEFINITIONS PENALTIES AND ADMINISTRATIVE-RULES
Sections:
8.02.010 Purpose
8.02.020 General Provisions
8.02.030 Penalties for Urban Forestry Violations
8.02.040 Administrative Rules.—Urban Fores a Manual
8.02.050 Definition of Specific Words
8.02.010 Purpose
The purpose of this chanter is to:
A. Enable administrative rulemaki lz pursuant to Chapter 2.04 to adopt and amend
urban forestry related administrative rules called the Urban Forestry Manual-
B. Provide standard definitions of words for Tide 8 of the Tigard Municipal Code and
cs�xesnonding a mins rative nAes in the Urban For tU Manual
C. Provide general rules for reading,and applying the language in tlis title and the
Urban Forestry Manual: and
D. Establish penal i s for urban forestry Violations.
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City of Tigard Urban Forestry Code Revisions I Volume 111 123
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Commentary
8.02.020 General Provisions
Many trees are subject to the provisions of multiple chapters in Title 8. For example,a heritage tree
may also be required to be preserved with development. When permitting the removal of this type
of tree, the more restrictive provisions of Chapter 8.16 (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 8.08 street tree planting permit.
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.
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City of Tigard Urban Forestry Code Revisions I Volume III 124
Code Amendments
8.02.020 General Provisions.
A Reading and Applying the Code When a conflict arises as a result of a particular tree
multil2le chal2tersand administrative rifles, thr-more restric.iv rovi ion ha
apply. When it cannot be determined which nrwdsions are more restrictive, h more s12ecific
provisions shall apply.
B. When tree 121antinkt, removal and/or rePlacemenr is-eyed through a Title 18 land
use permit no Tide 8 tree pertmt isen irred
C. Defining Words. Words used in this title and the Urban Foresta Manual have their
normal dicti g unless they are Listed in Section 8.02,050. Words is din tion
8.02.040 have the specific meaning stated, unless the context clearly indicates another meaning
D. Standards for Tenses and i lsaoe-
1. Words in the sinwilar include th Plural. The reverse is also true
2. Words in the Present tense include the future tense The reverse is also true
3. The words "shall," "will" and "may not" are mandatory
4. "May" is12ermissive.
5. "Prohibited" means that a particular activity is in violation of this dte
_6. When used with numbers, "At least x," "Up to x," "Not more than x"and"a
maximum of x" all include x.
7 Unless—the con ex clearly indicates othr=dae the followin conjunctions
have the folllowi mem&
� "And"indicates that all connected items or provisions apply
b- "Either...or" indicates that the connected items or Provisions apply
llgulady= but not in combination.
$ Lists of items that state "including the following" "such as" or similar
languags are not limited to just those items The lists are intended to Provide examples but not to
be exhaustive of all possibilities.
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City of Tigard Urban Forestry Code Revisions I Volume 111125
Commentary
8.02.030 Penalties for Urban Forestry Violations.
Section 8.02.030 establishes penalties for urban forestry violations which are defined as violations of
Title 8,Chapter 18.790 and the Urban Forestry Manual. Urban forestry violations are Class 1 civil
infractions processed according to the procedures in Chapter 1.16.
Based on community discussions, certain specific urban forestry violations should have additional
penalties associated with them so there is a deterrent effect. The specific urban forestry violations
associated with these additional penalties include unlawful tree removal,unlawful moving,removal
or damaging tree protection fencing and late or omitted tree protection inspection reports. All three
of these violations contribute to the removal or damage of trees and therefore more stringent
preventative measures are appropriate to deter these violations.
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City of'Cigard Urban Forestry Code Revisions I Volume III 126
Code Amendments
8.02.030 Penalties for Urban Forestry Violations.
A. The following shall constitute urban forester violations of this code:
1. Noncompliance with the reg * ments of Tide 8.
2. Noncoml2 ance with administrative rules in the Urban Forestry Manual that
implement the reutlirements of Tide 8.
3. Noncompliance with the re lj=* ments of Chanter 18.790,
4. Noncomi2fiance with administrative rules in the Urban Foresta Manual that
implement the requirements of Chanter 18.790.
B. An urban forestry violation shall constitute a Class 1 civil infraction,which shall be
processed agggLdiags"rocedures estabhshed in Chapter 1 16
C. Each urban fores=violation shall constitute a separate infraction, and each day that
an urban forestry violation is committed or pertlitted to continue shall constitute a se a ate
infraction.
D. A finding of an urban forestry violation shall not relieve the responsible party of the
duty to abate the violation. Penalties imposed by this chapter are in addition to and not in lieu of any
remedies available to the city.
E. Each urban forestr;violation is subject to the 12enalty=ad inis ra jv f
established in Chanter 1.16 of this code.
F. The following specific urban forestry violations are associated with specific penalties
in section 1.16.640.A.3:
1. Unlawful tree removal in violation of Tide 8.Chanter 18.790 or the Urban
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Forestry Manual.
2. Dama ig=n . moving or removing a tree protection fence in violation of
Chanter 18.790 or administrative rules in the Urban Forestly Manual that implement the
ruirements of Chanter 18.790,
3. Failure to provide inspection re orfs by the 12roject arborist or landscabe
architect in noncompliance with Section 18.790.0603 or administrative rules in the Urban Forestry
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Manual that implement the requirements of Chapter 18.790.
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City of Tigard Urban Forestry Code Revisions 1 Volume III 127
Commentary
8.02.030 Penalties for Urban Forestry 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.
The stop work order provision allows the city to prevent continued violation of Title S. 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 Section 8.02.030 to grant the city authority to do so for violations of Tide 8.
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City of Tigard Urban Forestry Code Reirisions I Volume I11 128
Code Amendments
G. In addition to the procedures of Chapter-1,16,any pagU found to be in violation of
Section 8 08 050 (Street Tree Removall 8 08 080 (Median Tree Removall 8 10 040 (Sensitive T ands
Tree Removall 8 12 040 (Removal of Trees that were Required with Develo ment 8.14.040
(Removal of Trees that were Planted Using the Urban Forestry Fund) or 8 16 070 (Removal of
Heritage Tree Desi2nation) shallDesignationcomplete the process for a retroactive city manag r ee p ermit
through the City Manager Decision Making Procedures detailed in Section 8.04-02-1.
H When any work is being done contrary to the provisions of this title or
administrative rule ha i tileme£ pts the provisions of this tide the city manager or designee may
order the work corrected or sto Wined 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 work until authorized by the city manager or designee to proceed with the work
27
City of Tigard Urban Forestry Code Revisions I Volume 111 129
Commentary
8.02.040 Administrative Rules—Urban Forestry Manual.
Section 8.02.040 enables administrative rulemaking for the Urban Forestry Manual which contains
the detailed administrative rules referenced by Title 8 and Title 18.
The city manager is authorized to adopt and amend the Urban Forestry Manual according to the
procedures in Chapter 2.04 after council adoption of Section 8.02.040.
Section 8.02.040 outlines the specific elements to be included in the Urban Forestry Manual.The
subsections correspond to the elements contained in the proposed Urban Forestry Manual:
Subsections of 8.02.040 Urban Forestry Manual Urban Forestry Manual
Sections Appendices
A 1 1
B 2, 3, 4, 5, 6, 7, 8and 9 2, 3,4, 5and 6
C 10 2,3,4, 5,6,7,8and 9
D 11 10
E 12 2, 11, 12, 13 and 14
F 13 3, 15, 16, 17and 18
29
City of Tigard Urban Forestry Code Revisions I Volume II1 130
Code Amendments
8.02.040 Administrative Rules—Urban Forel Manual
The cite manager is authorized to adopt and mend administrative rules to imi2lement the
technical details of the urban forestry related code p ovi ions in Tide 8 Tide 18 and other i bl
tides in the Tigard Municipal Code These administrative Hiles shall he ad M_t _pursuant to the
provisions of Chapter 2.04,be consistent with Tide 8 Tide 18 and other aWLcable titles in the
Tigard Municipal Code and be known collectively as the Urban Forestry Mesal
The Urban Foresta Manual sh 11 include th fo log=ring
A. Hazard tree evaluation and abatement pro edures to ensure an obicctive and
efficient process for identifying and resolving ha and ree is
R Tree 121antine, maintenance and removal standards for trees that reg n� •rP a peYmlt to
plant or remove by Title 8 or Title 18 so that approval criteria are clear, consis=t and based on
sound scientific principles.
C. Urban forestry lam standards for d v to m nt so that submittal re „rPmen rs
measurements calculations and other reo,i emen a 1 rlv outlined for:
1. Tree Preservation and Removal Site Plans,
2. Tree Canopy Site Plans_
3. Supplemental Arborist or Landscape Architect Reports
4. Tree Canom Fee Calculations_and
5. Simificant Tree Grove Preservation ConsideradQns.
D. Urban forestry plan implemen adon standards for development to encore urban
forestry plans are successfully implemented and treeiately i2reserved,planted and
inventoried as part of the development process
E. Street tree soil volume standards for development to emure street trees aYP provided
adeuuate soil volumes, and to ensure soil volume 1 il tion_ plan submittal and implementation
requirements are clearl, outlined.
F. Parking lot tree canopy standards for development to ensure 12arkinit lot trees are
atwroi2riatelly Wanted and provided adequate o• volumes, and to ensure soil volume alculation_
Wan submittal and impleLrements are clea&outlined.
29
City of Tigard Urban Forestry Code Revisions I Volume 111131
Commentary
8.02.050 Definition of Specific Words.
All tree related definitions in Title 18 have been incorporated into Title 8 to ensure consistency of
terms between the two titles.
The following additional definitions have been developed to address provisions that are specific to
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.
Significant Tree: This term is added because Chapter 8.16 authorizes designation of trees as
significant tree, 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.
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City of Tigard Urban Forestry Code Revisions(Volume III 132
Code Amendments
8.02.050 Definition of pecific Words
3
The definition of words with specific meaning in Title 8 and the Urban Forestry Manual are
as follows:
A "Caliper" -The tree care indus= standard for measuring the trunk diameter of
nursery stock. Calmer is the averag diameter of the trunk of a nnr ea tree measure .x ( 1inches
above the Ground for trunks less than or equal to an average of four(4)inches in diameter (when
measured six (6) inches above ground) When the trunk of a nurserz tree is gr ater than an
of four(4) inches in diameter (when measured six (6) inches above ground). caliper is the average
diameter at 12 inches above ground (see figure 8 02 11
cwa�a
w.renw
tvrn.e�
r w�
LWW ro.q
rr
Fizure 8.02.1
B "Certified arborist" -An individual certified by the International Society of
Arboriiltura as a ce tifi d a b s
C. "Certified forester" -An individual certified by the Society of Am rt!'an Foresters a
T
a certified forester.
D. "Certified tree risk assessor" - An individual certified by the International SO i tv of
Arboriculture to conduct tree risk assessments
E. "Covered soil volume" - A volume of soil that is under pavement and =daLlly
desiZued to Sup ort the growth of a tree Covered soil volumes on in existina, new or amended
soil with the physical,sical chemical and biological ptQper.* necessar; o u }port the growth of a tree
while at the same time sura ordnQ:the load-bearingrequirements and enj2ineerinjz standards of the
overlying pavement Covered soil volumes would not he considered tree growth limidnzly—a
project arborist or landscaie architect in an urban forestry Wan developed per the standards in
Chanter 18,790 and correspond" rocedures.
31
City of Tigard Urban Forestry Code Revisions l Volume 111133
Commentary
8.02.050 Definition of Specific Words.
Definitions continued.
32
City of"Tigard Urban Forestry Code Revisions Volume III 34
Code Amendments
F. "Development impact area" -The area on a site or right of way associated with a site
affected by any and all site or right of m Lm__ rovements including but not hmited to build' s.
structures walls parking and loadinjz areas street improvements waved and graveled areas utl ties
ixxlgation equipment storage construction parkinit and landscaping The impact area also refers to
areas of g a ing f lir link s ock 'ling demolition, trec removal, trenching, boring and any other
activities that require excavation or soil disturbance
G. "Drij2hne"-The outer hmit of a tree canopy rojected to the ground
H "Diameter at breast heizht (DBH)" - The average diam ter of the mink of a tree
measured 4 '/z feet above mean around level a h base of the trunk (see figure 8.02.21--U the tree
splits into multiple trunks above g o nd but below 4 '/ f e the DBH is the average diameter of
the most narrow point beneath the spit (see fig re 9,02.3). If the tree has excessive swe ling at 4 '/2
feet the DBH is the average diameter Qf themost narrow point beneath the swelling, If the tree
splits into multiple trunks at or directly below g ound it shall be considered one tree and he DBH
shall be the square root of the sum of the c oss- eawnal area of each trunk at 4 1/2 feet above mean
around level multil2hed by 1,1284 (see figlire 8.02.4).
74Y21-
4 ----- 4'/s'
Figure 8.02.2 Figure 8.02.3 Figur_�e 8.02.4
Standard DBH DBH for S11it Trunk DBH for ML ltil le Trula
1. "Hazard tree related definitions"
1 "Claimant" -Any person that believes in good faith there is a hazard tree on
a property, can demonstrate that their life limb or 12rol2eM has the uotential to be impacted by said
tree and seeks resolution through the Hazard Tree Evaluation and Abatement Procedure specified in
Section 1 of the Urban Forestry Manual.
2. "Hazard tree - Any tree or tree part that has been or could be determined by
an independent certified tree risk assessor to constitute a hiah level hazard reau� irinz hazard tree
abatement with an overall minimum risk rating of 8 for trees or tree parts ula to 4 inch DBH 9 for
trees or treeparts greater than 4 inch and up to 20 inch DBH or 10 for trees or tree parts 2xeater
than 20 inch DBH using the most current version of the tree risk assessment methodology
developed by the International Societ=y of Arboriculture
33
City of Tigard Urban Forestry Code Revisions I Volume III 135
Commentary
8.02.050 Definition of Specific Words.
Definitions continued.
34
City of Tigard Urban Forestry Code Revisions Volume III 36
Code Amendments
3. "Hazard tree abatement" - The 1 ro ess of reducing or ehmina4gg.LhggAW
to an overall risk rating of less than 8 for trees or tree parts up to 4 inch DBH. 9 for trees or tmc
harts greater than 4 inch and up to 20 inch DBH or 10 for trees or tree 12arts greater than 20 inch
DBH using the most current version of the tree risk assessment methodology developed by the
International Society of Arboriculture through run' val or other means in a manner
that t�Les with all aPpkable nudes and regWaationL.
4. "Hazard tree owner or resl2onsible party" -The Properly owner or
responsible 12arty with the largert ercen a,ge 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
the hazard tree owner or responsible party is the person who owns or is responsible for theroppe t�,
from where the branch originates The hazard tree owner or responsible party:
a. Owns the hazard-=t-
b.
azardtreeb. Is the entity or person acting as an agent-for the owner of the hazard
tree by ereement that has authority over the hazard tree i5 responsible for the hazard tree's
maintenance or mananment, or is resl2onsible for hazard tree abatemen -
C. Is any persohe i2roi2erty with the hazard tree,including
bailee,lessee_ tenant or other havi p;_possession_ or
d. Is the person who is alleged to have committed the acts or omissions
resultina in the hazard tree or allowed the hazard tree to exist on the pro rtv.
5. "Respondent" -Any person that receives notice from a claimant seeking
resolution through the Hazard Tree Evaluation and Abatement Procedure necified in Section 1 of
the t?rban Foresta Manual.
1 "Heritage tree" -A"tree or stand of trees of landmark importance due to age size
species. horticultural Quality or historic importance that has been approved as a heritag"99Lk
T gard City Counc fl.
K. "Median tree" - Any tree within the public rizht of way under Cite of Tigard
jurisdiction between o1212osin2 lanes of vehicular traffic Trees in the centers of cul-de-sacs and
roundabouts within the 12ubhc rijtht of way under City of Tigard jurisdiction shall also be considered
median trees.
L.. "Nuisance tree" -Any tree included on the Nuisance Tree Ustin the Urban Fo ry
Manual.
35
City of Tigard Urban Forestry Code Revisions I Volume III 137
Commentary
8.02.050 Definition of Specific Words.
Definitions continued.
t`
36
h�
4
i
City=of Tigard Urban Forestry Code Revisions Volume 111 38
I'
Code Amendments
M. "O en grown tree" -Any tree that has grown and estabhshed in an isolated manner
without significant competition for light,space and nutrients from other trees.-Open grown trees
generaRy retain more foliage developgreater trunk tapers have more extensive root systems and are
more resistant to windthrow than stand grown tree,
N. "Open soil volume" - An ,np v d volume of soil,which contains exi " g new or
amended soil with the physical, chemical and biologiesDroj2erties necessary to support the
of a tree.
O_. "Parking lot tree" -Any tree a ed to meet the requirements in Section 1 R 745 05O F
P. "Person" -An individual comoration governmental agent official advisory
committee of the Citi of Tigard business trust estate trust Partnership association or two or more
eople having a ioint or co mon interest o n ov tT her legal entittT
O. "Siani_ficant tree" - Any tree or stand of trees of landmark importance due to
gge_ - cies horticultural a uali y or historic importance that has been approved as a s�ficant
tree by Tigard City Council or the desilznated city board or conunittee and which status has been
accepted by the tree owner or res on ibl party
B. "Significant tree grove" -A-stand of trees that has been identified as significanr
through the Statewide and Use Planning Goal 5 12rocess. A Silzaificant Tree Grove Maw
maintained by the director of community development for the City of Tigard or designee
S."Stand (of trees)" - A distinct area of stand grown trees often predominantly native and
with contiguous canopies_which form a visual and/or biological um .
T. "Stand grown tree" -Any tree that has gown and established in close association
with other trees and as a result has experienced significan competition n�for fight, space and
nutrients from other trees Stand grown trees aenerally retain less foliage develop less trunk to er
have less extensive root systems and are less resistant to =nndthr ow than oven m- wn trees
U. "Street tree" - An tree_r�;ual_to or meatPr than 1 '/2 inch caliper or DBH within a
public right of way under City of Tigard jurisdiction or easement for 12ubhc access ndCity of
Tigarju_risdiction or any tree cqual to or greater than 1 u/2 inch caliper or DBH outside of a aubjk
ip:ht of way or easement for public access that theiM can demonstrate was planted or preserved as
a street tree to meet the requirements for a city i2errrst or project Median trees shall not be
considered r s.
37
City of Tigard Urban Forestay Code Revisions I Volume III 1 39
Commentary
8.02.050 Definition of Specific Words.
Definitions continued.
38
City oFTigard Urban Forestry Code Revisions I Volume 111 140
Code Amendments
V. "Thinning" -A tree removal p actice that reduces tree density and competition
between trees in a stand Thinning concentrates growth on fewer, high ua ity trees and g ne&
enhances tree health.
W. "Tree" -A woody perennial 121ant, often with one dominant trunk the capacity T t0
achieve a mature height greater than 16 feet and primarily referred to as a tree in scientific lit rat„r
X. "Tree canopy" -The area above around which is covered by the trunk branches and
foliage of a tree or group of trees' crowns
Y. "Tree canopy cover,effective" -A formula detafled in Chap er 18,790 and
corresponding administrative i2roced=s used to calculate themon of tree canol2y that mdll be
Izrovided for a given lot or tract through any combination of preserving existing trees and plar 'ng
new trees In general the formula grants bon u anopy credit-based on the ei ting tree canopy
of trees that are preserved and grants additional tree canony credit based on the lLrojected man=
tree canolzv of newly planted trees.
Z "Tree Care Industry Standards" -Generak accepted industry standards for tree care
practices detailed in the most current version of the American National Standards Insti ( N Il
A300 Standards for Tree Care Operations In addition tree care indu try standards shall include
adherence to all apl2licable rules and reg ala ions for h impletion of any tree care o ration
AA. "Tree removal"-The cutting oror rem of 50 n rcent or more of-a crown trunk
or root system of a tree or h results in the loss of aesthetic or 12hy sioloeical ��ability
or causes the tree to fall or be in immediate danger of falling
BB. "Understorz tree" -Any tree that is adal2ed to grow and complete its lifecycle within
the shade and beneath the canom of another tree
39
City of Tigard Urban Forestry Code Revisions Volume III 41
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.
The guiding principles for Tree Permit Requirements are in Volume I of the legislative adoption
package for the Urban Forestry Code Revisions. These guiding principles represent the consensus
view of the citizen advisory committee that advised staff on the Urban Forestry Code Revisions.
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 Committee 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 fire dangers 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 when protected trees (except heritage trees)
are removed. If there is not room on site for a replacement tree,then no fee in lieu is required.
Heritage trees are not required to be replaced because heritage trees are unique and can not
necessarily be replaced by planting a new tree.
4<i
City of Tigard Urban Forestry Code Revisions I Volume III 142
Code Amendments
11GARD MUNICIPAL.IPAi.CODE
Chanter 8.04 TREE PERMIT PROCEDURES
Sections:
8.04.010 Pur o e.
8.04.020 Cit;Manager Decision Making Procedures
8 04 030 City Board or Committee Decision Mak' Q Procedures
8.04.040 Emergency Tree Permit Procedures.
8.04.010 Purp ose.
The purpose of this chal2ter i5 to create a flexible framework for tree hermit decisions to
address both simlzle and complex situations The Cit; Manager Decision Maki it Procedures are
implemented administratively bcity staff w thout nubLic review fora rov' tg re Hermits in
situations where the reasons and criteria for tree l2lantinit, removal and/or replacement are simle.
The City Board or Committee Decision Making Procedures are implementer) through a pMb i
review process by a des ggated board or commission in situations where the reasons and criteria for
tree removal and/or replacement are complex
8.04.020 City Manager Decision Making Procedures
A. City mana eg r tree permit alzp ications shall he made nn Wrm p rmdded by the circ
manager or designee.
B City manager tree vermit applications shall•
L Include the information requested on the application form_
? Address all of the relevant approval criteria in the Urban Forest_nz Manual ir,
sufficient detail for review and action_and
I Be accompanied b, the regui_red &-P-
41
City of Tigard Urban Forestry Code Revisions Volume III 43
Commentary
8.04.020 City Manager Decision Making Procedures
City Manager Decision Making Procedures continued.
8.04.030 City Board or Committee Decision Making Procedures
The City Board or Committee Decision Making Procedures are implemented through a public
review process by a designated board or committee for more complex situations where the reasons
for removal are unclear (solar access,views,aesthetics,etc.). The designated board or committee is
authorized to use their discretion to weigh the tree benefits and reasons for removal when making
their decision.
The City Board or Committee Decision Making Procedures follow the procedures in Section
18.390.050 except no pre-application conference (18.390.050.A) and no impact study
(18.390.050.B.2.e) is required.
42
City of Tigard Urban Forestry Code Revisions I Volume III 144
Code Amendments
C. The city manager's or designee's decision shall address aL of the relevant anproval
criteria in the Urban Forestal Manual, The city manager or desimee shaH approve, approve"
conditions or deny the requested tree p r it in writing based on the relevant alproval criteria in the
Urban Forestry Manual.
D. The city manag_er's or designee's decision shall be final and valid for a period to
one year after issuance 1 ss a Ionizer timeframe is conditioned as 12art of the tree ner r t decision
However_ nothing shall prevent a person from submitting another application for er
tree permit if the conditions and circumstances of an unexpired city manalz r tree permit have
8.04.030 City Board or Committee Decision Making Pro ednres
A. The city manager or designee shall authorize a city board or conimiUcc m tame
discretionary decisions pertairLng to tree pern�ir_s.
B. The desienated city board or committee shall he authorized to use their discretion
a
when issuing their decision on tree perm' s and include but not be limited to the fo lowing
considerations:
L Solar access:
I Qua i y of tree sl2ecies, condition and location:
I Contribution to the envLontnent:
I Contribution to the community:and
6, Aestheti—
c. The Cite Board or Committee Decision Making Procrdures shaU b onsis n wi h
the procedures in Section 18.390,050 of the Tigard Municipal Code except I 390 050 A and
18,390.050.B 2.e do not apply. The review body shall be the city board or con - ittee so designated
by the city manager or designee•
D Decisions made accordine to the City Board or Committee Decisions Making
Procedures shall be final and valid for a period of 1W to one year unl ss:
1, A longer timeframe is conditioned as part of the tree permit d i ion: o
2_ A subsequent decision is issued throuith the City Manager Decision Making
Procedures in 8.04.020 that conflicts with an unexpired city board or coxl�mittee tree p rini
43
City of Tigard Urban Forestry Code Revisions I Volume III 145
Commentary
8.04.040 Emergency 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.
44
City of Tigard Urban Forestry Code Revisions I Volume 111 146
Code Amendments
8 04 040 Emergency Tree Permit Procerlu=
If an emergency exists because a tree presents such a clear and present danger to 12eol2le.
structures infra rt cture or utilities tha h is insufficient tim o obtain a permit anv_person may
remove the subiect tree without first having obtained a 1ermit The person shall within 14 calendar
days after removed such tree_ submit a retroactive application for a city manager tree permit
through the City Manager Decision Making Procedures detailed in Section 8,04,020, A1212hcants are
encouraged to take i2hotoarwhs of the subject tree and obtain written docu_r„entation from a
certified arborist prior to the removal If the city manager or desivnee determi=s that there was no
emergency_ he/she shall pursue enforcement action through Chapter 1.16.
45
City of Tigard Urban Forestry Code Revisions I Volume 111 47
Commentary
Chapter 8.06 HAZARD TREES
The hazard trees chapter creates a framework for addressing hazard trees.
The guiding principles for Hazard Trees are in Volume I of the legislative adoption package for the
Urban Forestry Code Revisions. These guiding principles represent the consensus view of the
citizen advisory committee that advised staff on the Urban Forestry Code Revisions.
8.06.010 Purpose
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.
8.06.020 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.
46
City of Tigard Urban Forestry Code Revisions I Volume 111 148
I
it
Code Amendments
IIQLARD MUNICIPAL,CODE
Chapter 8.06 HAZARD'FREE
Sections:
8.06.010 Pumose
8.06.020 General Provisions
8.06 030 Hazard Tree Evaluation and Abatement Procedure
8.06.040 Emergence Abatement Procedure
8.06.010 Pumose
The numose of this ch a ter i o protect the health safety and welfare of 12eol2le within the
City Ti ag rd by establishing standards and procedures for the identification evaluation and
abatement of hazard trees.
8 06 020 Hazard Trees Prohibited
A. Hazard trees are prohibited within the Cit; of Tigard•
B. Any hazard tree owner or resl2onsible party, shall be reuui_red to complete hazard tree
abatement.
C. Failure of a hazard tree owner or responsible parUT to complete hazard tree
abatement is a nuisance und r Chal2ter 6.02 and subiect to penalties under Chanter 1 16
47
City of Tigard Urban Forestry Code Revisions I Volume 111149
i
Commentary
8.06.030 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;yet may progress to 2) formal reconciliation where the claimant
submits an application, provides information, pays fees, documents informal reconciliation and the
city ensures abatement and apportionment of costs by private property owners or through city
action.
In addition to the procedures being detailed in the Urban Forestry Manual, the city will create more
user friendly forms that explain the process and timelines.
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.
Once initiated,both the claimant and respondent are obligated to complete the Hazard Tree
Evaluation and Abatement Procedure.
8.06.040 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.
as
City of Tigard Urban Forestry Code Revisions I Volume III 1 50
Code Amendments
8 06 030 Hazard Tree Evaluation and Abatement Procedure
A. Any claimant may seek resolution through the Hazard Tree Evaluation and
Abatement Procedure snecified in Section 1 of the Urban Forestry Manual
B. Once initiated by the claimant, hath the alai ant and respondent have an obligation
to complete the Hazard Tree Evaluadon and Abatement Procedure snecified in Section 1 of the
Urban Foresta Manual. Failure of the claimant or reslzondent to perform their obligations s cne ified
in the Hazard Tree Evaluation and Abatement Procedure consdtlates a violation of this ode by—the
negligent batty.
8.06.040 Emergen"Abatement Procedure
If the city has reason to believe a hazard tree 12oses an immediate danlirer and there is not
enough time to complete the Hazard Tree Evaluation and Abatement Procedure in Section 1 of the
Urban Foresta Manual_ the city may choose to take immediate remedial action as defined in Sectio
1.16.150 of the Tigard Municipal Code.
49
City of Tigard Urban Forestry Code Revisions Volume III 51
Commentary
Chapter 8.08 STREET AND MEDIAN TREES
Chapter 8.08 establishes the framework for permitting decisions for street and median trees. They
replace the provisions previously in Chapter 9.06.
8.08.010 Purpose
The purpose statement explains the chapter establishes standards and procedures for street and
median trees to maximize their benefits.
8.08.020 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.
so
City of Tigard Urban Forestry Code Revisions I Volume III 152
Code Amendments
TIGAM MUNICIPAL IPA OD
Chanter 8.08 STREET AND MEDIAN TREES
Sections:
8.08.010 Pur se
8.08.020 General Provisions
8.08.030 Street Tree Plantin
8.08.040 Street Tree Maintenance
8.08.050 Street Tree Removal
8.08.060 Median Tree Planting
8 08 070 Median Tree Maintenance
8.08.080 Median Tree Removal
8.08.010
The numose of this chanter is to provide standards and procedures for the lan g.
maintenance and removal of street and median trees in order to maximize their environmental
aesthetic_ social and economic benefits.
51
r
City of Tigard Urban Forestry Code Revisions Volume III 53
Commentary
8.08.020 General Provisions
General provisions continued (see commentary on previous page).
8.08.030 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 in Section 2,part 1 of the Urban Forestry
Manual.
8.08.040 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.
Street trees that die within three years after planting are allowed to be removed and replaced without
a new permit. 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.
8.08.050 Street Tree Removal
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Committee 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. The tree presents a fire or emergency access hazard that cannot be abated without removing
the tree as determined by the fire marshal.
9. 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.
8.08.060 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.
52
City of Tigard Urban Forestry Code Revisions I Volume III 154
Code Amendments
8.08.020 General Provisions
A It shall be the duty of owners of lots or 1ortions of lots immediately abuttin on
frontin2 on adjacent to or owidng,the largepercentage of any st=et tree trunk i midiady above
e trunk flare or root buttresses to maintain and remove street tre in ordanc wi h h
provisions of this chanter. No person except as specified in Section 8.08.020.0 of this chanter, shall
plant a street tree on any lot, or within the 12ubhc 'g of way immediately ab tin on fronting on
or adjacent to any lot_without the responsible proper owner's permission
B It shall be the duty of the cite to dant maintain and remove median trees la
accordance with the provisions of this cha ter.
C The city may, time exercise its authority over the public right o� f way by
planting, maintaining or r, emoving ant street tree or tree part within a p bight of way its
accordance with the provisions of this chapter. Any action taken by the city in accordance with this
subsection shall not absolve pro==owners from their ona ng expo agility for street treca
pursuant to Section 8 08 020 A of this chw=
8.08.030 Street Tree Planting
No person shall plant a street tree without prior written approval obtained through the City
Manager Decision Making Procedures detailed in Section 8 04 020 using the approval criteria in
Section 2_ part 1 of the Urban Forestry Manual,
8.08.040 Street Tree Maintenance
A All street trees .ha 1 be maintained in a manner consistentwith the street tree
maintenance standards specified in Section 2 hart 2 of the Urban Forestry Manual
B. If any street tree subject to the irovisions of this chapter dies within three ear
afternla�ilg_it shall be removed and replaced in accordance with the}revious permit a p ov 1
The street tree removal provisions (Section 8.08 050 belowl shall not apply to tree removal and
replacement in accordance with this subsection.
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8.08.070 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.
Median trees that die within three years after planting are allowed to be removed and replaced
without requiring a new permit. 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.
8.08.080 Median Tree Removal
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Committee 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. The tree presents a fire or emergency access hazard that cannot be abated without removing
the tree as determined by the fire marshal.
9. Tree removal is required for thinning of a stand of trees under the supervision of a certified
arborist or forester.
Section 5 also requires replacement of median trees,when there is room on site,unless trees are
removed for thinning purposes. A fee in lieu of replacement is allowed at the city's discretion.
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Code Amendments
8.08.050 Street Tree Removal
Except as exem to ed by Section 8 08 040 B no person shalt remove a street tree without
prior written approval obtained either through;
A. The City Manager Decision Making Procedures det 'led in Section 8 04 020 usjWjh=g
approval criteria in Section 3_ hart 1 of the Urban Forestry Manual--or
B The City Board or Committee Decision akin2 Procedures detailed in Section
8.04_030• .
8.08.060 Median Tree Planting
No person shall plant a median tree without tirior written approval obtained through the
City Manager Decision Making Procedures detailed in Section 8 04 020 using the approval criteria in
Section 4_ hart 1 of the Urban Forestry Manual,
8.08.070 Median Tree Maintenance
A All median trees shall be maintained in a manner consistent with the median tree
maintenance standards specified in Section 4 hart 2 of the Urban Forestry Manual
B. If any median tree subject�provisions of this cha=r dies Nvithin three 7 ark
after plantina,it shall be removed and replaced in accordance with the previous l2ermit approval
The median tree removal provisions (Section 8 08 080 belowl shall not apply to tree removal and
replacement in accordance with this subsection.
8.08.080 Median Tree Removal
Except a� ted by Section 8.08.070.B, no per on shall remove a median tree without
prior written approval obtained either through:
A. The City, Manager Decision Ma inn Pro edures detailed in Section 8.04.020 using
apl2roval criteria in Section 5 part 1 of the Urban Forestry Manual- or
B The City Board or Committee Decision Making Procedures detailed in Section
8.04.030.
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Commentary
Chapter 8.10 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.
8.10.010 Purpose
The purpose statement explains the chapter and establishes standards and procedures for native
trees for their contribution to sensitive lands.
8.10.020 General Provisions
Sensitive lands are defined in Chapter 18.775 and include land potentially unsuitable for
development due to their location in:
A. Floodplains;
B. Stream corridors;
C. Wetlands;
D. Steep slopes;and/or
E. 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 is within sensitive lands or not. A detailed delineation could be provided to the city
to prove the exact location of a tree in relation to sensitive lands if the map boundaries are not
acceptable.
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TIGARD MUNICIPAL CODE
Chapter 8.10 TREES IN SENSITIVE LANDS
ections:
8.10.010 Pumose
8.10.020 General Provisions
8.10.030 Sensitive Lands Tree Maintenance
8.10.040 Sensitive Lands Tree Removal
8.10.010 Pumose
The purpose of this chapter 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.
8.10.020 General Provisions
A. The provisions of this chanter are a12212licable within sensitive lands under City
Tigardjurisdiction described in Section 18.775.010.G of the Til4ard Municipal Code. A maps
sensitive lands is maintained b, the city and is accessible to the public.
B. The citymerger or designee shall a ihze the man of sensitive lands to detcmjj=
whether a particular tree is within sensitive lands. In order for the city manager or designee to
reconsider his or her determination_ a person shall provide a delineation by a professional land
surveyor conducted in accordance with all applicable agench accepted methods for the sensitive
lands tyl2e in question.
C. 0& those native trees Listed on the native tree List in the Urban Forestry Manual are
subject to the provisions of this chapter.
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Commentary
8.10.020 General Provisions (continued)
Only trees on the native tree list in the Urban Forestry Manual are subject to the provisions of the
chapter.
8.10.030 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 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.
8.10.040 Sensitive Lands Tree Removal
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Committee 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 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. The tree presents a fire or emergency access hazard that cannot be abated without removing
the tree as determined by the fire marshal.
8. Tree removal is required for thinning of a stand of trees under the supervision of a certified
arborist or forester.
Section 6 also requires replacement of trees in sensitive lands,when there is room on site,unless
trees are removed for thinning purposes. In addition to newly planted trees, existing trees less than
6 inch DBH can be used as replacement trees provided they meet all of the replacement tree species,
size,condition and location standards detailed in Section 6. A fee in lieu of replacement is allowed
at the city's discretion.
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Code Amendments
8.10 030 Sensitive Lands Tree Maintenance
A. Native trees lrreater than or equal to 6 inch DBH and native trees that were require
to be planted as rem lacement trees by the provisions of this chanter shall be maintained in a manner
consistent with tree care industa standards and shall be maintained so as not to become hazard
trees as defined in Chanter 8.02 of the Tigard Munici al od
B. If anu native tree subject to the provisions of this chapter dies within three years
after plug it shall be removed and replaced in accordance with the previous pertrit as oval
The sensitive lands tree removal provisions (Section 8 10 040 belowl shall not ail lv to tree removal
and replacement in accordance with this subsection,
8.10.040 Sensitive Lands Tree Removal
Except as exempted by Section 8.10.030.B, no person shall remove any naive tree greater
than or eoual to 6 inch DBH_ or any native tree less than 6 inch DBH that was regLrPd to t
planted as a replacement tree by the provisions of this chante"thout prior vm*tten approyall
obtained ei her ro to -
A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the
alZproval criteria in Section 6 part 1 of the Urban Forestry Manual or
B. The City Board or Committee D vision MakinIZ Procedures detailed in Semon
8.04.030.
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Commentary
Chapter 8.12 TREES THAT WERE REQUIRED WITH DEVELOPMENT
Chapter 8.12 establishes the framework for permitting decisions 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. The intent of the legislative amendments in Chapter 8.12 is to supersede the planting and
preservation requirements for trees that were required by prior land use decisions. This includes
trees that are recorded as preserved on property deeds as a result of past land use decisions.
However, for these deed restricted trees, applicants (and not the city)will be solely responsible for
identifying and removing any applicable deed restrictions. The city will provide any signatures
necessary to facilitate the removal of deed restrictions for trees permitted for removal by decisions
pursuant to Chapter 8.12.
8.12.010 Purpose
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.
8.12.020 General Provisions
The provisions of Chapter 8.12 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 8.12.
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Code Amendments
11GARD MUNICIPAL TPAL .OD
Chapter 8 12 TREES THAT WERE REQUIRED WITH DEVELOPMENT
S ion
8.12.010 Pumose
8.12.020 General Provisions
8.12.030 Maintenance of Trees That Were Required With Develo m r,t
8.12.040 Removal of Trees That Were Required With Develotiment
8.12.010 Pumose
The pmose of this chanter is to establish standards an ocedute for thema ntenance
removal and replacement of trees that were required with development to maintain their
environmentaL-=sthedc, social and economic benefits after the d v to m n process is complete
8.12.020 General Provision
A. The provisions of this chapter do not aimly unless there is substantial evidcnce that
one of the following;situations exists:
1. Trees were planted or preserved under a requirement found in Tide 18 or
found in a land use permit:and
2. Trees reg tired as rel2laceMents for r origin 1 p required under
8.12.020.A.1 above.
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Commentary
8.12.030 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 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 pemut is administered through the
corresponding regulations for that permit (e.g. Chapter 18.790).
8.12.040 Removal of Trees That Were Required With Development
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Committee 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. The tree presents a fire or emergency access hazard that cannot be abated without removing
the tree as determined by the fire marshal.
8. 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.
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Code Amendments
B The city manager or designee shall utilize all available land use hermit records and
data when detennining whether a tree is subject, to the provi ions of this chanter
8.12 030 Maintenance of Trees That Were Required With Develol2men
A. Trees subiect to the provisions of this chanter and trees that were redui_red to be
planted as 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 Chap=8.02 of the Tigard Municipal Code,
B. If any tree subject�provi ion of this chanter dies within three tears after
Wanting,it shall be removed_and_ __placed in accordance with the dt approval. The
removal of trees that were required with develo ment provisions (Section 8 12 040 belowl shall not
apple to tree removal and replacement ' accordance with this subsection.
8.12.040 Removal of Trees That Were Required With Development
Except as exem tp ed by Section 8.12.030.B above no person shall remove any tree subie� ct to
the provisions of this chapter without prior written approval obtained either through•
A. The City M� ana�uer Decision Making Procedures detailed in Section 8.04.020 u i grthe
approval criteria in Section 7 part 1 of the Urban Forestry Manual;o
B The City Board or Committee Decision Making Procedures detailed in Section
1-04.030.
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Commentary
Chapter 8.14 'TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
Chapter 8.14 establishes the framework for permitting decisions for trees that were planted using the
Urban Forestry Fund.
8.14.010 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.
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TIGARD MUNICIPAL CODE
Chapter 8 14 TREES THAT WERE PLANTED USING THE URBAN FO FSTRY FUND
8.14.010 Pumose
8.14.020 General Provisions
8.14.030 Maintenance of Trees That Were Planted Using the Urban Forestry Fun
8.14.040 Removal of Trees That Were Planted Using the Urban Forestry Fund
8.14.010 Puroose
The pumose of this chapter is to establish standards and procedures for the maintenance_
removal and reWacement of trees that were planted using the Urban Forestry Fund:
A To maintain the environmental, aesthetic, social and juonomic benefits provided by
B. To rel2lace trees that were removed with hast development:and
To ensure public funds for tree lanting are invested wisely by regi
maintenance and replacement as a condition of expenditure.
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Commentary
8.14.020 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.
8.14.030 Maintenance of Trees that were Planted Using the Urban Forestry Fund
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 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.
8.14.040 Removal of Trees that were Planted Using the Urban Forestry Fund
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Committee 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. The tree presents a fire or emergency access hazard that cannot be abated without removing
the tree as determined by the fire marshal.
8. 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.
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City of Tigard Urban Forestry Code Revisions I Volume III 1 68
Code Amendments
8.14 020 General Provisions
A. Theprovisions of this chapter do not apply unless there is substantial evidence that
one of the followinlZ situntions exists:
1. Trees were planted using the Urban Forestn Fund Number 260 after L nsert
date 2 a t&&I; and
2. Trees were reduired as replacements for trees in 8.14.020.A.1 hwe
B Determination of Ap2nlicahihty or Exemption, The cite manager or designee shall
utilize all available records and data when determining whether a tee is subject to the provisions of
s r.
8 14 030 Maintenance of Trees that were Planted Using the Urban Forestry Fund
A. Trees subject to the provisions of this chapter and trees that were reaiiired to be
Planted as replacement trees by the provisions of this chanter shall be maintained in a manner
consistent with tree care industu standards and shall be maintained so as not to become hazard
trees as defined in Chapter 8.02 of the Tigard Munici al ode
B. If any tree subi-ca to the provisions of this chanter dies within three Years after
anting it shall be removed and replaced in accordance with the previous Hermit approval The
removal of trees that were planted using the Urban Forestry Fund�provisions (&cdon 8 14 040
below
l shall not apmly to tree removal and replacement in accordance with this subsection
8.14.040 Removal of Trees that were Planted Using the Urban Forestry Fund
Except as exempted by Section 8.14.03 B above no person shall remove an tree subjecto
the provisions of this chapter without prior written approval obtained either through:
A The Ci1y Manager Decision Making Procedures detailed in Section 8 04 020 using the
a l2roval criteria in Section 8.nart 1 of the Urban Forestry Manual• or
B The City Board or Committee Decision Making Procedures detailed in Section
.04.030.
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Commentary
8.16.010 Purpose
The purpose statement explains that the chapter creates a framework for recognizing,appreciating
and providing voluntary protection for trees of landmark importance.
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TIGARD MUNICIPAL. ODE
Chanter 8.16 HERITAGE TREES
Secrions:
8.16.010 Purpose
8.16.020 General Provisions
8.16.030 Nomination and Designation of Heriaoe Trees
8.16.040 Maintenance of Heritage Trees
8.16.050 Nomination and Designation of Significant Trees
8.16.060 Incentives for Heritage Tree Design
8.16 070 Removal of Heritage Tree Design=
8.16.080 Removal of Slgtificant Tree Designation
8.16.010 Porno e
The purpose of this chanter is to recognize_ appreciate and provide for voluntary 12rotectlQn
of trees that are of landmark importance due to alze, size, sl2ecieshorticultural quahty or historic
nortance.
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Ciry of Tigard Urban Forestry Code Revisions I Volume III 171
Commentary
8.16.020 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.
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Code Amendments
8.16.020 General Provision
A. The city manager or designee shall authorize a cit;board or committee to implement
the provisions of this chanter.
B Heritage trees and s enificant trees may be of equivalent landmark importance due to
age size species horticulturalg , li t or historic importance the designated review bode
apl2rove 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 a
tree owner or resonsible vartv may choose to nominate a tree as a si2nificant tree rather than-a
heritage tree if the; dete .ne thetree is of lesser landmark importance but still worth o
Y�c52gnition or if they desk regi la o protection of the tree they would Like to have recoi ed`
71
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,. City of Tigard Urban Forestry Code Revisions 1 Vohnne 111173
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Commentary
8.16.030 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 committee 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 committee 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.
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8.16.030 Nomination and Designation of Heritage Trees
A Any person may nominate a particular tree or$roup of trees to be designated as a
heritage tree due to age size, sl2ecies, horticultural a li �or historic importance The nomination
shall be submitted by the tree owner or responsible party ora ccomparieI by the tree owner or
responsible party's written consent If the nominated tree is located on city p ro r he
nomination shall be submitted or designee or be accompanied by thecity
manager's or designee's written consent Uj2on completion of the nomination process the
remaining portions of this subsection shall apply in the order listed
B. After reviewing the nomination materials,and any s l2plemental information
provided by the city manager or designee the designated city board or committee may decide by
majority vote to:
1. Recommend a12212roval.of the tree to be designated as a heritays tree ul2on finding
itis of landmark importance due to ale size species horticultural quahty or historic im or an
and forward their recommendation to Citw o n '1
2. Aimrove the tree to be designated as a significant tree upon finding i is o
landmark importance due to age size species horticultural quality or historic importance U on
receipt of the tree owner's or responsible paro, written consent for designation as a significant tree
the tree shall be included in i2ubhcly accessible inventor; of trees
3. Deny the tree as a heritage tree and sigtificant tree-
C. When the designated city board or committee recommends that council desiggate a
tree as a heritage tree the city manager or desizuee sha 1 12rel2are for the tree owner or resl2Qnsible
12axilthe_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 prop.cions of this chapter If the tree
owner or responsible party fails to sign the necessary i2werwork_ the heritage tree designation shall
e void_ the matter shall not move forward to council, and the rovisions of this chapter shall cease
to apply to the tree.
D After reviewing the nomination mate6als,anysuI2121emental information provided by
the city manager or designee, and the designated city board or committee's recommendation rhe
(City Council may decide b,�majority vote to:
1 Approve the tree to be designated as a heritage tree ul2on finding it is o
landmark importance due to age_ size, species_ horticultural quality or historic importance_ at which
poinI the city shall execute the necessary paperworkto record the heritage tree designation on the
tree owner's or responsible party's deed noting on s I h deed that there is subject to the
provisions of this chapter. In addition the tree shall be included in a imbfidy accessible inventory of
trees.
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City of Tigard Urban Forestry Code Revisions I Volume III 175
Commentary
8.16.030 Nomination and Designation of Heritage Trees
Nomination and designation provisions continued.
8.16.040 Maintenance of Heritage Trees
Heritage trees are required to be maintained per tree care industry standards.
8.16.050 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 do not have regulatory protection.
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City of Tigard Urban Forestry Code Revisions I Volume III 176
Code Amendments
2. A porove the tree to be designated as a significant tree upon finding it is of
landmark importance due to age_ size_ spe ie _horticultural quahly or historic importance. U o
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 invento a of trees.
3. Deny the tree as a heritage tree and significant tree.
6.040 Maintenance of Heritages es
Heritage trees 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 Tigan
Municipal Code.
8.16.050 Nomination and Designation of Significant Trees
E
A. Any person ma. nominate a particular tree or grip of trees to be designated as a
significant tree due to age_ size_ species_horticultural quality or historic importance. The nomination
shall be submitted by the tree owner or responsible party or accom anied by the tree owner or
responsible party's written consent. If the nominated tree is located on cim 12ro er _ the
nomination shall be submitted by the citY manager or designee or be accompanied by the city
manager's esignee's written consent. Upon completion of the nomination process_ the
remaining portions of this subsection shall apply.
B. After reviewing the nomination materials, and anysuppplemental information
provided by the city manager or designee_ the designated city board or committee may decide by
maori vote to:
1. Approve the tree to be designated as a significant tree upon finding it is of
landmark importance due to aze_ size_ species_ horticultural duality or historic importance. The tree
shall be included in a i2ubhcly accessible inventory of trees.
2. Deng the tree as a significant tree.
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City of Tigard Urban Forestry Code Revisions I Volume III 177
Commentary
8.16.060 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.
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City of Tigard Urban Forestry Code Revisions Volume III (78
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Code Amendments
8,16,060 Incentives for Heritage Tree on
Designated heritage trees shall be eligible for the following incentives subject to availability
of city funding and city a roval:
A. Plaques which may be tilaced on or near heritage tree :an
B. Maintenance of heritage trees includin¢but not limited to:
L
2. Pest control:
I Unwanted planted removal:
I Fertilization;
,`z,. Soil amendment; and
Cabling and bracing
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City of Tigard Urban Forestry Code Revisions I Volume 111179
Commentary
8.16.070 Removal of Heritage Tree Designation
Permits obtained through the City Manager Decision Making Procedures or the City Board or
Committee 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. The tree presents a fire or emergency access hazard that cannot be abated without removing
the tree as determined by the fire marshal.
4. 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
Committee Decision Making Procedures). Through the public review, the public could weigh things
like whether the sidewalk could be repaired in a way that preserves the tree,the importance of the
tree to the surrounding community and the impact of the tree on the owner.
Section 9 does not require replacement of heritage trees because heritage trees are unique and can
not necessarily be replaced by planting a new tree.
Once heritage tree designation is removed, the tree is no longer subject to the chapter provisions.
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City of Tigard Urban Forestry Code Rei isions I Volume 111 1 80
Code Amendments
8.16.070 Removal of Heritage Tree Designation
Heritage trees and heritage tree designations shall not be removed,without prior written
a,lZnroval obtained either through:
A The Citi Manager Decision Makin Procedures detailed in Section 8 04 020 using the
wproval criteria in Section 9.hart 1 of the Urban Forestr; Manual: or
B. The City Board or Committee Decision Makinlz Procedures detailed in Section
8.04.030.
8.16.080 Removal of Significant Tree DesiZuatic�n
A. Siwnificant tree designation shall be removed when requested in writing by the tree
owner or responsible l a
B. The tree owner or restionsible i2am shall notify the city in writing of the removal of
am sianificant tree.
79
Cit}of Tigard Urban Forestry Code Re'v inions I Votume III 81
Commentary
Chapter 9.06 TREES ON CITY PROPERTY.
The provisions of Chapter 9.06 have been struck so there are consistent regulations across
ownerships. In other words, the same standards will apply regardless of whether trees are on city
property or private property.
Definitions in Chapter 9.06 have been revised and relocated to Chapters 8.02 and 18.120.
The Tree Manual has been revised and is now the Urban Forestry Manual which is referenced in
Section 8.02.030.
Provisions in Chapter 9.06 that are specific to street trees have been revised and relocated to
Chapter 8.08.
Provisions in Chapter 9.06 that are specific to development are located in Chapter 18.790.
Enforcement provisions in Chapter 9.06 specific to trees are now in Sections 8.02.030 and 1.16.640.
80
City of Tigard Urban Forestry Code Revisions I Volume III 1 82
Code Amendments
Chapter sl 6 TREES ON CITY PROPERTY.
Se
ac-ccivi-r^s
9.06.010 Purpose.
9.06.020 Definitions.
9.06.030 Tree Planting on City property.
9.06.040 Tree Care and Maintenanee on City property.
9.06.050 Tree roteet2'6ir.
9.06.060 Removal of Hazardous Trees from City property,
9.06.070 Tree Refneval and Repla
9.06.080 En oreement,
9.06.010 Purpose.
(4) Value of Trees. The City of T4gftrd reeegaimes that "ees ffft vitftl earnpattents of the ti
forest etw4rapirftent. Trees redueei il> ftnd ftaise aRtt6att,
shade, biw
eentral eresieft, suPply owfgen to bre, > >
--d
property.
(3) Autharity to Ado- ft Tree The GitaGotit3-'�iy ftdo;f by reseltition ft wee
81
City of Tigard Urban Forestry Code Revisions I Volume III 1 83
i
Commentary
Chapter 9.06 TREES ON CITY PROPERTY.
Strikethroughs of existing trees on city property provisions continued.
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C;iiy of Tigard Urban Foremy Codc Revisions Volume 111 84
Code Amendments
9.06.020 Defi"itioiw-.
(1) GijX Forester. Under the direetion of the Pttblie Warks Direeter is i-espensible for plftn g;
(2) Gity Property. "City property" ineludes ftg htnd awned by the Gity ftnd ft4 iftfids dedieftte
(3) Gij% awned Pgo"etty. Gity property other fhftn the right of w*r.
(5) hfi��. Methods of tree replaeement, direet easts, *ad�er retention ttsed to lessen
(:� Street Tree. A"tree thm is grww4T s4eng a street widtin the pttblie tight of-wfty.
(9) Street Tree List. A list of ftpproved tree speeies tho mfty be pitnted wid4n the pttblie righ
e€WaY.
(9) !:=. A stftfAing woody piftnt hftying a tmnk(s) two inehes ot more in diftffiefer when
meftstired �� itnd ft ho4f feet from the ground. if the tree is on ft slope, the meftsute is tftke" o
the ttphiU side,
(10) Tree Niftnufti. 4:he mftnuftl gaverning tree pift tint tiftnee an-d reffiovH4 ftdop"
by the Gity by reseittfien pttr9ttattf to Seefie 9.A-46.ON A-.
83
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City of Tigard Urban Forestry Code Revisions Volume III 85
Commentary
Chapter 9.06 TREES ON CITY PROPERTY.
Strikethroughs of existing trees on city property provisions continued.
84
City of Tigard Urban Forestry Code Revisions I Volume 111 1 96
Code Amendments
9.06.030 Tree Plan-
property undets stibseefien a of this seetion aftly if the ftpplieftnf hfts submitted ft "ee pift" Showing
eampliftnee with the stftndftrds set forth in the Tree Mftn", ftttd hfts signed ft mftinfenftnee ftgreement
ftgreement mfty be waived if the tree planting is valuntftry ftnd net required by ftity Gity ea
(E;) OnAy trees listed in the Street Tree 149f or �hase speeifieft4y ftpproved by the
Publie Works Pireeter at designee rn*y be piftnted fts street trees.
9.06.040 Tree Care and Mainfenitne-e
(4) GenersA, Previsions.
designee tmder Seetieft 9.06.040 shftg be ettred &1-10 514414 VA
---�—fitftitted fteearding to the 9t*ftdftrd9 se
9.96.050 -r___ Preteetio
(2� These shftg provide for the proper proteee n of tree ro-Bts, trtmk(s)-�'-urr
sfem(�), brftnehes, ftnd fali*ge within a tree's erifieftl root zone fet ftay free en Gify prapetty during
85
City of Tigard Urban Forestry Code Revisions I Volume 111187
Commentary
Chapter 9.06 TREES ON CITY PROPERTY.
Strikethroughs of existing trees on city property provisions continued.
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City of Tigard Urban Forestry Code Revisions I volume III � SR
Code Amendments
person9.06.060 Removal of 14azardetts Trees from City Property
property is hftmftrdott9, the :A-11-�fie WorjF-q Direetor, or appointed designee, 964 ev*luftte the
ftmong trees defermifted to be hwgftrdatts ftnd the City shag proeeed w4h removftl of hftefti-dous frees
from Gity property *eeording to the priority esfftblighed by the Pttbhe Works Pireetor or desig"ee,
The Ptthlie Works Pireetot, or designee shaR provide Oditnee as to the disposition of ftny wood or
9.06.070 Removal of Trees frorn City Property
(1) Removal of Trees from Giv-v Property other than Right of Wfty Prohibit No
thftn the Gity or ft perso under eantrftef with the Gky ghftH remove ft tree from ftny Gity pft
or ftny Gify owned property wit-how wal of fhe Pubhe Works Direetor or designee.
A" person ee from Gify prop rty other th*n right of w*y shftH prov4de wA6gmion fts
speeifted in the
(2) Remaygi of Trees frorn Right of Wfty. No person other thim the Gity- ot ft pergatt
ttnder eon"ftet with the Gity 9614 remove a tree from ftny Gity tight of vmy withow writ+eft ftpproval
right of wfty, the Publie Works Pireetor or designee shaH require speeified in the Tree
Menufth
(3) Remo-eal of Wood or Tree Debris from Givy Et2ptttt. No person shftg remwe wood a
wood or free debrig from Gify property if the removal wfts under eme tstftttees. 44ii
geetion does not proltibit eleftring of pftths or other elefttt up tho le*ves z--R-F44 -R-@-tu-eeee debris an Gity
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City of Tigard Urban Forestry Code Revisions I Volume 111 189
Commentary
Chapter 9.06 TREES ON CITY PROPERTY.
Strikethroughs of existing trees on city property provisions continued.
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City of Tigard Urban Forestry Code Revisions I Volume III 190
Code Amendments
9.06.080 Eftforeement
�A) 199tte ft step work order pursuftnt to T-igftrd Development Gode Seetion ,
,
v4alftfiett.-f
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City of Tigard Urban Forestry Code ReNrisions I Volume III 191
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 8.16
(Heritage Trees) in the new consolidated Urban Forestry Tide 8.
The revised heritage tree provisions allow for designation of two types of landmark trees (heritage
trees and significant trees). The significant tree designation is new and allows for recognition of
trees that are either of lesser landmark importance and/or the tree owner does not want regulatory
protections for the tree.
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City of Tigard Urban Forestry Code Revisions I Volume III 192
Code Amendments
Chapter 9.08 14ERITAGE TREES.
S
�s
9.08.010 Ptupose and Definitions-.
9.08.020 Nemliftatieft;
9.08.040 Preteetiett of Methage Trees.
9.08.050 Reeognifiotk of Heritage Trees.
9.08.060 Removal of Heritage Tree Designati
n no nen r"ee8fives.
9.08.0io Pwpose and Definitions.
(2� A "Heti�Tree"is a tree at swid of trees that is desigaftted to be of landrnftrk impartanee
dtte to > > •
9.08.020—moiomift 6mw
(4)Any person ftwy no ietiftt free or group of trees figr u n
property, stews. if theproposed Hetit*ge Tree i-q -I A--P 01#-:-P d A-ft property other thm Gity pi-eperty, 4ie nawAafttien shafl be
reeafftmendfttian to the ne"tination.
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City of Tigard Urban Forestry Code Revisions I Volume 111193
Commentary
Chapter 9.08 HERITAGE TREES
Strikethroughs of existing heritage tree provisions continued.
92
City of Tigard Urban Forestry Code ReArisions I Volume 111 194
Code Amendments
9.08.0330 R&yiet'b rPrroeess
(4) The T-*ftrd Tree Board sha4 teview ftil Heritage Tree norp4watians fft ft publie
Natiee of the meeting 964 be provided to the narrAnft6ag applieftnt,the property owner ff differetff
__L:_L. the _
(2) 44te Gify Forester shft4 pr_epftre ft report for the Tree Befti-d ftft*zing whether
tree eamplies with the requirements fiqr designation.
(3) After eaftsideting the City Forester's report and ftfty festimany by interested persons;
93
City of Tigard Urban Forestry Code Revisions Volume III 95
Commentary
Chapter 9.08 HERITAGE TREES
Strikethroughs of existing heritage tree provisions continued.
94
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City of Tigard Urban Forestry Code Revisions Volume 111 (96
Code Amendments
-(A) Fhe-free erstftad-e€trees is of 6ndmarkinpertaneedueto _% -- >"__.:-..,t4.__,
haiard.
(4) if the nerrAttftfi d by-the Tree Be"d,it 964 be f;grwftrded,with
e4ements of the ,
.
(5) Following ftpprav2d of the norpAnation by the Gity Go-
laefttion of the Heritage Tree,ftnd eeveaftfif tho the tree iq ptateeted fts a Herifftge Tree by,the Gity
9.08.040 Preteetion of Heritage Tree-ft
o
publie bettefit provided by the tree. For 4te purposeq of making this deterrPAnoian, the fallowi
1 Z5
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City of Tigard Urban Forestry Code Revisions I Volume 111 197
Commentary
Chapter 9.08 HERITAGE TREES
Strikethroughs of existing heritage tree provisions continued.
w
96
f
r
E
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City of Tigard Urban Forestry Code Revisions Volume III 98
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Code Amendments
(3) UrAess there is a perw,�f to rerneve ft dead or hat-ardetts Heritage Tree, the applieftnt sh&H be
required to foRaw the aeedttres for the less of the tree fts atidined in the 4*
property,te for the less of the tpee.
9.08.050 Reeognition of Heritage Trees
owner of ft designftted ileritftge Tree, or if fhe tree is on Gity property, fe the Gity Forester. The
p6que 9h*H be posted ftt or fteftr the free *nd,if feftsible,-�-isible from ft publie right of W".
(2) �Ibe Gity shftH fnftintftin ft Heritftge Tree Registry ftnd mftp of designated Hetit*ge Trees.
9.08.060 Removal of Heritage Trees Desi
(4) A 14ep4age Tree sha4 be reme-ped from designatiatt if it dies.
(2) To requ to remove a- tree from Herit*ge designation, the interested par"
.es shA qttbfftit te the Gity Forester a narrative elearly stating ittstifieftfien for removal. The-Gity
approved, the Gity shall provide a doe Vighing the eevenftnt run ag with the
(4) Onee Herititge :Free sta" is reme-fed, the tree shftfl be treftted fts my other tree
9.08.070 t_ .
(4) ltteentk-es for proper, "ht inelude!
77
City of Tigard Urban Forestry Code Revisions I Volume III 199
Exhibit B Ordinance Nos. 12-09
and 12-11
a ° City of Tigard
lobMemorandum
c
To: Tigard City Council
From: Marissa Daniels, Associate Planner
Re: Urban Forestry Code Revisions
Date: November 27, 2012
On November 27, 2012 Council is scheduled to continue the Urban Forestry Code Revisions
public hearing. The purpose of the meeting is to receive a brief staff report, receive public
testimony and consider amendments to Planning Commission's recommendation.
Council Amendments for Consideration
Staff has prepared several amendments to Planning Commission's recommended draft based on
Council direction on October 23 and November 13, 2012.
Addresses
Amendment Policy Issue Brief Description
1 3 Differentiates between residential and non residential maintenance
requirements for trees planted with development.
2 4 Removes tree removal permit requirements for single family
residential developments.
On 11/27/2012, 3 5 Clarifies that hazard trees are required to be removed onlyin
City Council q
approved response to verified complaints.
amendments 1,
2,s,a and s. 4 7 Enhances the purpose statement in Chapter 18.790 to draw a clear
Amendwas not 5 link between the details in the Urban Forestry Manual and the
approved. overall purpose of the development code revisions.
6 8 Reduces development costs for Minor Land Partitions by not
requiring an arborist or landscape architect for partition projects
that can meet the requirements by planting street trees in open soil
volumes only.
At the November 13 meeting, Council asked staff if there are any issues associated with not
requiring arborists/landscape architects for Minor Land Partition projects that can meet the tree
1
canopy requirements by planting street trees only (Amendment 6, Policy Issue 8). In deciding
whether to adopt this amendment, staff offers the following considerations:
1. Reverse Incentive - This amendment could create a reverse incentive where a property
owner might remove mature trees and plant only street trees to avoid costs associated
with hiring an arborist/landscape architect.
2. Equity - In developing the Urban Forestry Code Revisions, one of the main community
goals was to address the equity issue in the existing code that places more financial
burdens on property owners with mature trees. The canopy approach addresses this issue
by applying the same requirements regardless of the amount of existing trees. This
amendment could result in an equity issue by exempting owners without trees from
hiring arborists/landscape architects, while placing greater requirements on owners that
choose to preserve mature trees with development.
3. Adjacent trees - Minor Land Partitions involve the creation of two or three new lots in
existing residential neighborhoods (aka infill development). Often one of the greatest
points of conflict with infill development is the potential development impacts on trees
that are on an adjacent property but near the property line. Involving arborists/landscape
architects in the development of Minor Land Partitions helps ensure trees adjacent to the
site are protected with accepted methods such as tree protection fencing during
development. If professionals are not required, there is less certainty for neighbors that
their trees will be adequately protected.
More information about each of the amendments, including the affected code sections and
specific amendments are included on page 3. Council will have the opportunity to accept, reject,
or modify these amendments on November 27.
Housekeeping Amendments for Consideration
In addition to Council's amendments, staff is also recommending a set of housekeeping
amendments to the code. These items are insubstantial to the code, and are described in more
detail on page 13. For example,Amendments 8 and 9 correct cross references internal to the
code.
2
Amendment 1 approved by council on 11/27/2012. Amendment 1 is not part
of an ordinance nor is it to be codified. This amendment is applicable to
Volume IV—Urban Forestry Manual(Administrative Rules)
Amendments to the Urban Forestry Code Revisions Based on Council Direction
Amendment 1 (Policy Issue 3): Differentiate between residential and non residential
requirements for the maintenance of trees planted with development. Residential trees
should have a maintenance period of two years or until a house is sold. Non residential trees
should have a one year maintenance period.
Code/Manual Section: Urban Forestry Manual Section 11, Part 2 (Urban Forestry Plan
Implementation Standards—Tree Establishment Requirements:)
A. Prior to any ground disturbance work, the applicant shall provide a tree
establishment bond for all trees to be planted per the approved urban forestry plan.
The total bond amount=
1. For subdivisions and minor land partitions shall be equivalent to the city's average
cost to plant and maintain a tree per the applicable standards in the Urban
Forestry Manual for a period of two years after planting multiplied by the total
number of trees to be planted and maintained
2. For all other land use review types shall be equivalent to the city's average cost t0
plant and maintain a tree per the applicable standards in the Urban ForestrX
Manual for a period of one year after plantinggmultii2 Lied by the total number of
trees to be planted and maintained.
B. Following final building inspection or upon acceptance by the city manager or
designee when there is no final building inspection, the tree establishment period
shall immediately begin and continues
1. In subdivisions and partitions, for a period of two years or until such time as each
lot is sold; and =
2. In all other land use review t es_ for a period of one Year.
C. When the land use review type will result in the division of land into multiple lots or
tracts, there shall be a separate tree establishment period for each resulting lot or
tract where trees are shown to be planted in the approved urban forestry plan.
D. Following the two ye tree establishment period for each lot or tract, the
bond shall be correspondingly reduced based on tree survival following a site
inspection, documentation of successful tree establishment and/or replacement
according to itema e below, and receipt by the city manager or designee of
written verification of findings and a signature of approval by the project arborist.
E. For planted open grown trees, successful establishment shall be considered 80
percent survival of the open grown trees planted on the lot or tract, and replacement
of 100 percent of the remaining open grown trees planted on the lot or tract that did
not survive.
l". For planted stand grown trees, successful establishment shall be considered survival
of at least 80 percent of the original stand grown trees planted on the lot or tract.
G. If successful establishment for open grown trees is less than 80 percent for any lot or
tract, the two yeit able-tree establishment period shall reset for that lot or tract
and the establishment process for open grown trees described in part 2.B-F above
shall be repeated until the successful establishment requirement for open grown trees
3
Amendments to the Urban Forestry Code Revisions Based on Council Direction
is met.
H. If successful establishment for stand grown trees is less than 80 percent for any lot
or tract, the two ye ) tree establishment period shall reset for that lot or
tract and the establishment process for stand grown trees described in Part 2.B-F
above shall be repeated until the successful establishment requirement for stand
grown trees is met.
Note: Exhibits A and B to the Resolution revising The Master Fees and Charges Schedule
is amended as follows to reflect changes in the methodology for calculating tree
establishment bonds: Master Fees and Charges Resolution was not
considered/adopted by the council on
"' 11/27/2012
Exhibit A -Legislative Intent for Urban Forestry Fees
Tree Establishment Bond (Planting and ' Early Establishment)
$489 per 1.5 inch caliper open grown tree for subdivisions and minor land partitions*
$441 per 1.5 inch caliper open 2rown tree for land use review tunes other than subdivisions
and minor land partitions**
$367 per 0.5 inch caliper stand grown tree for subdivisions and minor land partitions***
$351 per 0.5 inch caliper stand grown tree for land use review tunes other than subdivisions
and minor land partitions ****
*The Tree Establishment Bond for the planting and maintenance of a 1.5 inch caliper tree for
the reQuir€d two years in subdivisions and minor land partitions is based on a formula that
combines 50% of the published PNWISA wholesale median tree cost estimate to purchase and
install a 3 inch diameter tree,with the average historical cost for City of Tigard staff to perform
two years of maintenance on a 1.5 inch caliper tree.
**The Tree Estabhshment Bond for the planting and maintenance of a 1.5 inch caliper tree for
th�lui.red one year in land use review tunes other than subdivisions and minor land partitions
is based on a formula that combines 501/o of the published PNWISA wholesale median tree
cost estimate to purchase and install a 3 inch diameter tree with the average historical cost for
City igard staff tom erform one year of maintenance on a 1.5 inch caLner tree.
***The Tree Establishment Bond for the planting and maintenance of a tree two feet in height
or one gallon container size (estimated 0.5 inch caliper) for the required two years m
subdivisions and minor land partitions is based on a formula that combines 16.6% of the
published PNWISA cost estimate to purchase and install a 3 inch caliper tree,with the average
historical cost for City of Tigard staff to perform two years of maintenance on a 0.5 inch caliper
tree.
**** maintenance
4
Amendments to the Urban Forestry Code Revisions Based on Council Direction
or one gallon container size (estimated 0.5 inch caliper) for the required year in land use
review tvpes other than subdivisions and minor land partitions is based on a formula that
combines 16.6% of the published PNWISA cost estimate to purchase and install a 3 inch
Aper tree with the average historical cost for City of Tigard staff to perform one year of
maintenance on a 0.5 inch caliper tree.
Exhibit B -Amended Master Fees and Charges Schedule
Community Development- Miscellaneous Development
Urban Forestry
Tree Establishment Bond (Planting&2 veal r,aint..nanee Ea&Establishment)
1.5" Caliper Street or Open $489 per tree 3/1/2013
Grown Tree in Subdivi ion
or Minor Land Partitions
1.5�er Street or Open $441 per tree
Grown Tree in Land Use
Review Types other than
Subdivisions or Minor Land
Partitions
Z in Height or 1 Gallon $367 per tree 3/1/2013
Container Minimum Stand
Grown Tree in Subdivisions
or Minor Land Partitions
2' in Heiaht or 1 Gallon $351 er tree 1 2
Container Minimum Stand
Grown Tree in Land Use
Review Tvnes other han
S b ivisions or Minor Land
Partitions
5
Amendment No. 2 approved by council on
11/27/2012—Ordinance No. 12-11
Amendments to the Urban Forestry Code Revisions Based on Council Direction
Amendment 2 (Policy Issue 4): Do not require tree removal permits for single family
residential developments. Applies to Ordinance No. 12-11
Code/Manual Section: Tigard Municipal Code Chapter 8.12 (Trees that were Required
with Development)
8.12.010 Purpose
The purpose of this chapter is to establish standards and procedures for the
maintenance, removal and replacement of trees that were required with high density
residential and non residential development to maintain their environmental, aesthetic, social
and economic benefits after the development process is complete.
8.12.020 General Provisions
A. The provisions of this chapter do not apply twAess there is 9ttb9tftn6a4
evidettee that ane of the faHawitt eydsts! to residential developments in the R-
R-2, R-3.5_ R-4.5_ R-7_ and R-12 districts.
B The provision of this chapter lv when there is substantial evidence that
one of the following situations exists:
1. Exceu t for those developments listed in 8.12.020.- above_ Itrees were
planted or preserved under a requirement found in Title 18 or found in a land use permit;
and
2. Trees w=required as replacements for trees originally required under
8.12.020.AB-.1 above.
B. The city 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.
Note: The corresponding commentary for the code amendments is amended as follows to
provide a record of legislative intent:
Chapter 8.12 TREES THAT WERE REQUIRED WITH DEVELOPMENT
Chapter 8.12 establishes the framework for permitting decisions for trees that were required
to be planted or preserved by a land use permit for high density residential and non
residential develol2menLwhen the removal is not associated with an active land use permit.
The intent of the legislative amendments in Chapter 8.12 is to supersede the planting and
preservation requirements for trees that were required by prior land use decisions. This
includes trees that are recorded as preserved on property deeds as a result of past land use
6
Amendments to the Urban Forestry Code Revisions Based on Council Direction
decisions. However, for these deed restricted trees, applicants (and not the city) will be
solely responsible for identifying and removing any applicable deed restrictions. The city will
provide any signatures necessary to facilitate the removal of deed restrictions for trees
permitted for removal by decisions pursuant to Chapter 8.12.
The reason for not ri* in�u, ermits for trees required with development in low and
medium density residential development is because the owners of these properties are Likely
to maintain and preserve trees in these locations regardless of code_requ_irements. The
circumstances where owners decide to remove healthy trees required with development are
expected to be negligible when compared with Tigard's overall urban forest.
However itis important to note that the permit reouirements for Street and Median Trees
(Chapte�). Trees in Sensitive Lands (8,10), Trees that were Planted using the Urban
Forestry Fund (814� and Heritage Trees (8,16) would continue to ap lv even in low and
medium density residential development In addition, if sienificant tree groves are preserved
in low and medium density residential development the significant tree e ove reservation
requirements in section 18.790.050.D would apply.
8.12.010 Purpose
The purpose statement explains that the chapter establishes standards and procedures for
trees that were required with high density residential and non residential development to
maintain their benefits after the development process is complete.
8.12.020 General Provisions
The provisions of Chapter 8.12 apply to trees required to be planted or preserved
density residential and non residential development by a land use permit and trees that are
required as replacements for said trees.
TTh �nrovisions of Chapter 8.12 do not apply to residential developments in the R-1 R-2_ R-
3.5 -4 R-7 and R-12 districts since he a are the primary locations of sinpje family
residences. The provisions specify "residential developments" so as not to exempt non
residential develot2ments such as schools in residential districts from the require
8.12.030 Maintenance of Trees That Were Required With Development
Trees that were required to be planted or preserved in high density residential and non
residential development by a land use permit are required to be maintained per tree care
industry standards.
8.12.040 Removal of Trees That Were Required With Development
7
Amendments to the Urban Forestry Code Revisions Based on Council Direction
Permits obtained through the City Manager Decision Making Procedures or the City Board
or Committee Decision Making Procedures are required to remove trees required to be
planted or preserved in high density residential and non residential development by a land
use permit.
8
Amendment No. 3 approved by council on
11/27/2012—Ordinance No. 12-11
Amendments to the Urban Forestry Code Revisions Based on Council Direction
Amendment 3 (Policy Issue 5): Clarify that hazard trees are required to be removed only
in response to verified complaints.
Code/Manual Section: Tigard Municipal Code Section 8.06.020 (Hazard Trees Prohibited)
A. Hazard trees that are verified through the Hazard Tree Evaluation and
Abatement Procedure in Section 1 of the Urban Fores ry Manual are prohibited within the
City of Tigard.
B. Any hazard tree owner or responsible party identified through the Hazard
Tree Evaluation and Abatement Procedure in Section 1 of the Urban For s ry Manual shall
be required to complete hazard tree abatement.
C. Failure of a hazard tree owner or responsible party identified through the
Hazard Tree Evaluation and Abatement Procedure in Section 1 of the Urban Forestry
ManuaLto, complete hazard tree abatement is a nuisance under Chapter 6.02 and subject to
penalties under Chapter 1.16.
Note: The corresponding commentary for the code amendments is amended as follows to
provide a record of legislative intent:
Chapter 8.06 HAZARD TREES
The hazard trees chapter creates a framework for addressing hazard trees.
The guiding principles for Hazard Trees are in Volume I y_of the legislative adoption
package for the Urban Forestry Code Revisions. These guiding principles represent the
consensus view of the citizen advisory committee that advised staff on the Urban Forestry
Code Revisions.
8.06.020 General Provisions
Hazard trees (defined in Chapter 8.02) that are verified thLQugh the Hazard Tree Evaluation
and Abatement Procedure in Section 1 of the Urban Forestry Manual are prohibited in
Tigard. The reason for specifying that the nrohibit'on applies. only to hazard trees verified
through the »roc-edure in the Urban Forestry Manual is to avoid the large scale removal of
trees by non rty owners that would otherwise be unclear whether or not their specific trees
are hazards. The procedure in the
Urban Forestry Manual includes an evaluation by a tree risk assessor of the probability of
failure, size of defective part and target area before determining whether a tree is a hazard.
Amendment No. 4 approved by council on
11/27/2012—Ordinance No. 12-09
Amendments to the Urban Forestry Code Revisions Based on Council Direction
Amendment 4 (Policy Issue 7): Enhance purpose statement in Chapter 18.790 to draw a
clearer link between the details in the Urban Forestry Manual and the overall purpose of the
development code revisions.
Code/Manual Section: Tigard Development Code Section 18.790.010 (Purpose)
Purpose. The purpose of this chapter is to implement the City's urban forestry goals
amiettletted in the Comprehensive Plan as recommended by the Urban Forestry Master Plan.
by establishine:
A. Tree canopy cover requirements for new development regardless of the
amount of existinlz trees on site:
B Alternatives to meeting tree cano12Y cover requirements when ea valent
environmental functions or values are provided:
C Flexible and incentive based requirements to facilitate the planting of lame
stature trees, and the pr rvation of existiniz trees and significant treegroves;
D. Requirements that ensure successful 'mplementation of urban forestry Tans
during and after site develo=men ; and
E. A process for modifying urban forestry plans to address changes that occur
during the development process.
Note: The corresponding commentary for the code amendments is amended as follows to
provide a record of legislative intent:
18.790.010 Purpose
The purpose hits been gimplified-te statement cross references the Comprehensive Plan and
Urban Forestry Master Plan. Both documents provide the detailed policy basis for the
extensive revisions to Chapter 18.790. Examples of the chapter provisions that implement
the City's urban forestry goalprovided to give users of the code a better understanding
of the overall p=ose of the chaper.
10
Amendment No. 5 not approved by council on 11/27/2012.
This language will not be codified in 18.790.030
Amendments to the Urban Forestry Code Revisions Based on Council Direction
Amendment 5 (Policy Issue 7): Add the canopy requirements in the code to draw a clearer
link between the details in the Urban Forestry Manual and the overall purpose of the
development code revisions.
Code/Manual Section: Tigard Development Code Section 18.790.030 (Urban Forestry
Plan Requirements)
A. Urban Forestry Plan Requirements. An urban forestry plan shall demonstrate
the following effective tree canopy cover requirements will be met in the followin6 districts:
Effective Tree Canopy District
Cover Rea ' ent
40% for overall site and -1_ R-2_ R-3.5. R-4.5 and R-7 districts, except for schools
15% for each lot or tract
33% for overallsite - R-25,R-40, C-N_ C-C_ C-G, C-P_MUE_M1 TE-1.MUE-2.
excem for schools (18,130.050(1)
25% for overall siteMU-CBD.MUC-1. I-L and I-H districts_and for schools
(18.130.050a)) in all dis
An urban forestry plan shall:
1. Be coordinated and approved by a landscape architect (the project landscape
architect) or a person possessing dual certifications as a certified arborist and certified tree
risk assessor (the project arborist);
Note: The corresponding commentary for the code amendments is amended as follows to
provide a record of legislative intent:
18.790.030 Urban Forestry Plan Requirements
This section is renamed to Urban Forestry Plan Requirements,.
The effective tree canopy cover are included in the code to provide users of
the code a clearer understanding=of the overall purpose of the Urban Forestry Plan
Requirements withothem to read through the details of the Urban Forestry
Manual The effective tree canoig cover requirements were extensively tested during the
peer review phase of the Urban Forestry (:ode Revisions and were found to be achievable
through planting and Pres an amount of tree canom that ism table to the
community, The peer review results can be found in Volume II and a more detailed
description of the canopy standards can be found in Volume V of the legislati�tion
ackage for the Urban Forestry Code Revisions
�t
Amendment No. 6 approved by council on
11/27/2012—Ordinance No. 12-09
Amendments to the Urban Forestry Code Revisions Based on Council Direction
Amendment 6 (Policy Issue 8): Reduce development costs for Minor Land Partitions by
not requiring arborists or landscape architects for partition projects that can meet the
requirements by plantingstreet trees in open soil volumes only.
Code/Manual Section: Tigard Development Code Section 18.790.030.A (Urban Forestry
Plan Requirements)
...An urban forestry plan shall:
1. Be coordinated and approved by a landscape architect (the project landscape
architect) or a person possessing dual certifications as a certified arborist and certified tree
risk assessor (the project arborist), except for Minor Land Partitions that can demonstrate
compliance with effective tree canopy cover and soil vol me requirements by planting s reet
trees in open soil volumes only:
Note: The corresponding commentary for the code amendments is amended as follows to
provide a record of legislative intent:
18.790.030 Urban Forestry Plan Requirements
Urban forestry plans are required to be developed by a landscape architect or a person
certified as both an arborist and tree risk assessor. Many arborists are dual certified, and
adding the new requirement for tree risk assessment will help ensure safe conditions during
and after construction. Landscape architects often work closely with arborists when
developing urban forestry plans, so the option of allowing landscape architects to sign off on
the plans has been added to reduce costs by eliminating the need for hiring two urban
forestry consultants.
Arborists and land cane architects are not required for Minor Land Partitions if the effective
3
tree cannly cover and soil volurn reauirem n s can be met by plan 'ng street trees in oven
soil volumes only. They u-pose of the exemption is to reduce costs for small scale residential
p rnjPrts where the required level of specialized nrofe sional expertise is Lmited.
12
Housekeeping Amendments 1-13 approved by council on 11/27/2012
Ordinance No. 12-09 and Ordinance No. 12-11
Housekeeping Amendments to the Urban Forestry Code Revisions
Amendment 1: Ensure consistency in the title of Chapter 8.02. Applies to Ordinance No.
12-11
Code/Manual Section: Tigard Municipal Code Chapter 8.02 (Definitions, Penalties and
Administrative Rules)
TIGARD MUNICIPAL CODE
Title 8
URBAN FORESTRY
Chapters:
8.02 DEFINITIONS, PENALTIES AND ADMINISTRATIVE RULES
8.04 TREE PERMIT PROCEDURES
8.06 HAZARD TREES
8.08 STREET AND MEDIAN TREES
8.10 TREES IN SENSITIVE LANDS
8.12 TREES THAT WERE REQUIRED WITH DEVELOPMENT
8.14 TREES THAT WERE PLANTED USING THE URBAN FORESTRY FUND
8.16 HERITAGE TREES
Chapter 8.02 DEFINITIONS,PENALTIES AND ADMINISTRATIVE RULES
Amendment 2: Correct a cross reference in Section 8.02.020.0 (Defining Words). Applies
to Ordinance No. 12-11
Code/Manual Section: Tigard Municipal Code Section 8.02.020 (General Provisions)
C. Defining Words. Words used in this title and the Urban Forestry Manual have their
normal dictionary meaning unless they are listed in Section 8.02.050. Words listed in Section
8.02.0450 have the specific meaning stated, unless the context clearly indicates another
meaning.
13
Housekeeping Amendments to the Urban Forestry Code Revisions
Amendment 3: Ensure the term "Diameter at breast height (DBH)" is placed in
alphabetical order in Section 8.02.050 (Definition of Specific Words). Applies to
Ordinance No. 12-11
Code/Manual Section: Tigard Municipal Code Section 8.02.050 (Definition of Specific
Words)
GH. "Dripline" - The outer limit of a tree canopy projected to the ground.
14-G. "Diameter at breast height (DBI)" - The average diameter of the trunk of a tree
measured 4 '/a feet above mean ground level...
note: reverse order to place terms in alphabetical order
14
Housekeeping Amendments to the Urban Forestry Code Revisions
Amendment 4: The Pacific Northwest Chapter of the International Society of
Arboriculture (PNWISA) developed the current tree risk assessment methodology and
certification program. Due to the success of the program, the International Society of
Arboriculture (ISA) is in the process of adopting the program internationally. However,in
the process of adopting the regional program for international users, the ISA expects to
modify some of its aspects.
Terry Flanagan, local arborist, tree risk instructor and President of the ISA, has advised on
how to address the expected modifications in light of the pending adoption of the Urban
Forestry Code Revisions. Specifically, he has advised generalizing the term "certified tree risk
assessor" to "tree risk assessor" because of anticipated revisions to the certification process,
and replacing reference to "PNWISA" with "ISA" to reflect the international scope of the
program. Finally, he has advised retaining the numerical rating system since that is the
currently adopted standard. If the numerical system is revised in the future,it may be
replaced with the updated system.
The following amendments implement these recommendations. Applies to Ordinance
No. 12-09 and 12-11. Ordinance No. 12-09 affects Title 18 also known as the
Community Development Code while Ordinance No. 12-11 covers affected chapters
in the Tigard Municipal Code consisting of active and reserved Titles 1-17.
Code/Manual Section: Tigard Municipal Code Section 8.02.050 (Definition of Specific
Words)
D. "Fete risk assessor" -An individual eei4ifed deemed Qualified by
the International Society of Arboriculture to conduct tree risk assessments.
[note: re-lettering of the section is required to place terms in alphabetical order]
Code/Manual Section: Tigard Municipal Code Section 8.02.050.I (Hazard Tree Related
Definitions)
2. "Hazard tree - Any tree or tree part that has been or could be determined by an
independent eeni€ted 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 up to 20 inch DBH, or 10 for trees or tree
parts greater than 20 inch DBH using the ffie t e _. ��__ :�_ ..c the tree risk assessment
methodology in Aimendix 1 of the
Urban Forestry Manual.
3. "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
arts greater than 4 inch and up to 20 inch DBH, or 10 for trees or tree parts greater than 20
15
Housekeeping Amendments to the Urban Forestry Code Revisions
inch DBH using the most ..•. :t--4 the tree risk assessment methodology
developed by the Internfttional Soeiety of �bor4eulture in Atwen& 1 of the Urban Forest
Manual through pruning, tree removal or other means in a manner that complies with all
applicable rules and regulations.
Code/Manual Section: Tigard Development Code Chapter 18.115 (List of Terms)
Certified Tree Risk Assessor
See Tree Belated Definitions
Tree Related Definitions
• Caliper
• Certified Arborist
• Cer-ti€ted Tree Risk Assessor
[note: re-ordering of the section is required to place terms in alphabetical order]
Code/Manual Section: Tigard Development Code Section 18.120.030.A.170 (Tree-related
definitions)
C. "Eeed Tree Risk Assessor" - An individual eeed deemed aid by the
International Society of Arboriculture to conduct tree risk assessments.
g. "Hazard Tree" - Any tree or tree part that has been or could be determined by an
independent eeed 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 up to 20 inch DBH, or 10 for trees or tree
parts greater than 20 inch DBH using the most etiffent__..rsio~ e the tree risk assessment
methodology in Amen ix 1 of the
Urban Forestry Manual.
h. "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 tnes+ eurre t__....sio oc the tree risk assessment methodology
P in Atwen ix 1 of the Urban Fores
ta
Manual through pruning, tree removal or other means in a manner that complies with all
applicable rules and regulations.
[note: re-ordering of the section is required to place terms in alphabetical order]
Code/Manual Section: Tigard Development Code Section 18.790.030 (Urban Forestry
16
Housekeeping Amendments to the Urban Forestry Code Revisions
Plan Requirements)
A. Urban Forestry Plan Requirements. An urban forestry plan shall:
1. Be coordinated and approved by a landscape architect (the project
landscape architect) or a personthat is both a certified
arborist and ee�ti€ed tree risk assessor (the project arborist);
Code/Manual Section: Urban Forestry Manual Section 1 (Hazard Tree Evaluation and
Abatement Procedure)
Part 1. Informal Reconciliation
...The claimant is encouraged to support their claim with documentation by a eerti€red tree
risk assessor...
Part 2. Formal Reconciliation
... Within seven calendar days of receipt of all the required application materials, the city shall
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 eertified tree
risk assessor using the most eurrent-_e`sion of the tree risk assessment methodology
developed by the international Seeiety of 2Arrbariettlw in Annendix 1 of the Urban Forestry
Manual, determine if the definition of hazard tree in Tigard Municipal Code Chapter 8.02
has been met and,if necessary, prescribe hazard tree abatement as defined in Tigard
Municipal Code Chapter 8.02...
Code/Manual Section: Urban Forestry Manual Section 10 (Urban Forestry Plan
Standards)
Part 3. Urban Forestry Plan - Supplemental Report Requirements:
C. The name, address, telephone number, email address;and ISA certified arborist
number and PNIXI 1S e .ti fi.a tree sk assessor ffiber of the project arborist or stamp
and registration number of the project landscape architect.
Code/Manual Section: Urban Forestry Manual Appendix 1 (Tree Risk Assessment Form)
Date of Evaluation:
�'�&Tree Risk Assessor:
Gei4ifieftfe -Number--
ISA Number:
Housekeeping Amendments to the Urban Forestry Code Revisions
Certified Tree Risk Assessor Signature:
Code/Manual Section: Urban Forestry Manual Appendix 9 (Urban Forestry Plan -
Supplemental Report Example Template)
General Information
ISA Certified Arborist No.:
18A Certified Tree Risk Assessor No..,
Note: The corresponding commentary for the code amendments is amended as follows to
provide a record of legislative intent:
18.120.030 Meaning of Specific Words and Terms
cGet6 fie `'Tice risk assessor: This term clarifies that eertified tree risk assessors are eertified
individuals deemed qualified by the International Society of Arboriculture (ISA) to conduct
tree risk assessments. The Pacific Northwest Chapter of the International Society of
Arboriculture (PNWISA) developed the a=nt tree risk assessment methodology and
certification program. Due to the success of the program, the ISA is in the process of
adop 'ngtheI)roer am internationally However, in the process of adoptlithe DrOm for
international users the ISA expects to modify some of its aspects. One antici ate
modification is replacement of the term "certified tree risk assessor" with the term "qualified
tree risk assessor". The term and definition of"tree risk assessor" is flexible enc, ,J
respond to the anticipated changes.
Hazard tree: The term hazard tree has been made more specific to the current PNWISA
Satandar& so that a more objective evaluation can be
made as to what constitutes a hazard tree. A tiered system of rating hazards ensures the risks
associated with small diameter tree parts are not understated while the risks associated with
large diameter tree parts are not overstated.
The ISA is in the process of adolpting the PNWISA program internationally, However_ in
the process of adopting the proggarn for international users. the ISA expects to modify some
of its aspects, The current PNWISA numerical based system is included in Appendix 1 and
referenced by the definition of"hazard tree" If the numerical system is revised in the futLe
it may be replaced with the undated system. .
[note: re-ordering of the commentary section is required to place terms in alphabetical order]
18.790.030 Urban Forestry Plan Requirements
18
Housekeeping Amendments to the Urban Forestry Code Revisions
Urban forestry plans are required to be developed by a landscape architect or a person
eettified "that is both as3 certified arborist and tree risk assessor. Many arborists
both uualifications , and adding the new requirement for tree risk
assessment will help ensure safe conditions during and after construction.
18.790.070 Modification to the Urban Forestry Plan Component of an Approved Land
Use Permit
Two levels of modifications to the urban forestry plan component of an approved land use
permit will be allowed. Minor modification will be completed as a staff level, technical
review. The following items would be considered minor modifications:
• Removal of hazard trees if there is sufficient documentation by the arborist or
landscape architect- ed "ee ws'-
Amendment 5: Ensure consistency between the Site Design Standards (Section 18.620.030)
and Landscaping and Screening (Section 18.620.070) in the Tigard Triangle Design
Standards. Applies to Ordinance No. 12-09
Code/Manual Section: Tigard Development Code Section 18.620.030.A (Site Design
Standards)
3. Front yard setback design -Landscaping, an arcade, or a hard-surfaced expansion of
the pedestrian path must be provided between a structure and a public street or accessway.
If a building abuts more than one street, the required improvements shall be provided on all
streets. Landscaping shall be develo ed to
an 1. Hard-surfaced areas
shall be constructe with scored concrete or modular paving materials. Benches and other
street furnishings are encouraged. These areas shall contribute to the minimum landscaping
requirement per Section 18.520.040B and Table 18.520.2.
5. Parking location and landscape design - Parking for buildings or phases adjacent to
public street rights-of-way must be located to the side or rear of newly constructed buildings.
If located on the side, parking is limited to 50% of the street frontage,aftd When abutting
public streets_ narking must be behind a landscaped area constructed to an L-1 1=andseape
Parkin Lot Screen Standard. The minimum depth of the L-1 landscaped area is eight feet
or is equal to the building setback, whichever is greater. All other site landscaping
interiat side ftnd rear yards shall be landscaped to an L-2 i6andseape General L.andscaning
Standard, ,
The L-1 and L.-2 Standards are more fully described in Section
18.620.070.
19
Housekeeping Amendments to the Urban Forestry Code Revisions
Amendment 6: Ensure consistency between the Site Design Standards (Section 18.630.050)
and Landscaping and Screening (Section 18.630.090) in the Washington Square Regional
Center Design Standards. Applies to Ordinance No. 12-09
Code/Manual Section: Tigard Development Code Section 18.630.050.A (Site Design
Standards)
3. Front yard setback design.
a. Purpose. The front yard is the most conspicuous face of a building and requires
special attention. Places for pe le and pedestrian movement helps create an active and
safer street. Higher level of landscape anticipates a more immediate visual result.
b. Standard. For setbacks greater than 0 feet, landscaping, an arcade, or a hard-surfaced
expansion of the pedestrian path must be provided between a structure and a public street or
accessway. If a building abuts more than one street, the required improvements shall be
provided on all streets. Landscaping shall be developed to
18.630.050.A.5 . Hard-
surfaced areas shall be constructed with scored concrete or modular paving materials.
Benches and other street furnishings are encouraged. These areas shall contribute to the
minimum landscaping requirement per Section 18.520.040.B and Table 18.520.2.
5. Parking location and landscape design.
a. Purpose. The emphasis on pedestrian access and a high quality streetscape
experience requires that private parking lots that abut public streets should not be the
predominant street feature. Where parking does abut public streets, high quality landscaping
should screen parking from adjacent pedestrian areas.
b. Standard. Parking for buildings or phases adjacent to public street rights-of-way must
be located to the side or rear of newly constructed buildings. When buildings or phases are
adjacent to more than one public street, primary street(s) shall be identified by the City
where this requirement applies. In general, streets with higher functional classification will
be identified as primary streets unless specific design or access factors favor another street.
If located on the side, parking is limited to 50% of the primary street frontage and
abuttingpublic streets_ = ring must be behind a landscaped area constructed to an L-1
landseape Park_in� Screen standard. The minimum depth of the L-1 landscaped area is
eight feet or is equal to the building setback,whichever is greater. All other site
shall be landscaped to an L-2 landseape General
Landscaping standard, eNeept where tt side yp&d ttbuts ot publie street5 where it shft14 be
The .-1 and L-2 standards are more _filly
described in Section 18.630.090.
Housekeeping Amendments to the Urban Forestry Code Revisions
Amendment 7: Ensure consistency between the Site Design Standards (Section
18.640.200.B) and Landscaping and Screening (Section 18.640.200.D) in the Durham Quarry
i.e. Bridgeport) Design Standards. Applies to Ordinance No. 12-09
Code/Manual Section: Tigard Development Code Section 18.640.200.B (Site Design
Standards)
3. Front yard setback design. For setbacks greater than zero feet, landscaping, an arcade,
or a hard-surfaced expansion of the sidewalk shall be provided between a structure and a
public street or accessway. If a building abuts more thanone street, the required
improvements shall be rovided on all streets. Landscaping shall be developed to ffie
applicable standard in Section 18,640.200.B.5 _--d a"-- lie efQ and lift 16 2
Hard-surfaced areas shall be constructed with scored concrete or
modular paving materials. Benches and other street furnishings are required. These areas
shall contribute to the minimum landscaping requirements.
5. Parking location and landscape design. Parking for buildings or phases adjacent to
public street rights-of-way shall be located to the side or rear of newly constructed buildings.
When buildings or phases are adjacent to more than one public street, primary street(s) shall
be identified where this requirement applies. If located on the side,parking is limited to 50%
of the street frontage,aftd When abetting Public streets, liar ing must be behind a
landscaped area constructed to an L-1 Landse*pe Parking Lot Scram Standard. The
minimum depth of the L-1 landscaped area is eight feet or is equal to the building
setback,whichever is greater. All other site landscaping intetiot side ftttd teftr ya shall be
landscaped to an L-2 General Landscaping Standard
. See Section
18.640.200.13
Amendment 8: Correct a cross reference in Section 18.790.050.C.2 (Adjustments to
Setbacks). Applies to Ordinance No. 12-09
Code/Manual Section: Tigard Development Code Section 18.790.050.0.2 (Adjustments to
Setbacks)
2. Adjustments to Setbacks. The following setback reductions will be allowed for lots
preserving existing trees using the criteria in subsection b a below.
21
Housekeeping Amendments to the Urban Forestry Code Revisions
Amendment 9: Correct a cross reference in Section 18.790.050.C.3 (Adjustments to
Sidewalks). Applies to Ordinance No. 12-09
Code/Manual Section: Tigard Development Code Section 18.790.050.C.3 (Adjustments to
Sidewalks)
3. Adjustments to Sidewalks. .Af a reserved tree is to be utilized as a street tree it
Adjustments P
must meet the criteria found in the Landscaping and Screening Section 18.745.040.A.-%.
22
i
Housekeeping Amendments to the Urban Forestry Code Revisions
Amendment 10: During the development of the tree grove preservation incentives, the
initial proposal was to require permanent preservation and management of tree groves if
applicants utilized any one of the preservation incentives (density transfer, increased building
height, setback reduction, etc.). While the Citizen Advisory Committee agreed that
permanent preservation was appropriate, they advised staff to strike the management
requirement. Their rationale was that the management requirement could be seen as onerous
by applicants and act as a disincentive to preservation. Staff struck the management
requirement for most of the preservation incentives, but inadvertently failed to strike the
requirement for two of the incentives. The purpose of the following amendments is to strike
the remaining management requirements consistent with the Citizen Advisory Committee
recommendation. Applies to Ordinance No. 12-09
Code/Manual Section: Tigard Development Code Section 18.790.050.D.3 (Adjustments
to Commercial Development Standards)
3. Adjustments to Commercial Development Standards. Adjustments to Commercial
Development Standards (Table 18.520.2) of up to 50 percent reduction in minimum
setbacks and up to 20 feet additional building height are permitted provided:
g. 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:
Code/Manual Section: Tigard Development Code Section 18.790.050.D.6 (Adjustment to
Street and Utility Standards)
6. Adjustment to Street and Utility Standards. If requested, the director shall use his or
her discretion when considering adjustments to Chapter 18.810, Street and Utility
Improvement Standards and Section 18.745.040, Street Trees provided:
b. 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 ffiftnaged
such as:
23
Housekeeping Amendments to the Urban Forestry Code Revisions
Amendment 11: One of the goals when revising the Urban Forestry Standards for
Development was to clarify when an urban forestry plan for development is in effect". The
purpose of the clarification is to avoid the current situation where future homeowners must
amend their land use approvals to remove trees that were required with development.
Initially, the term "active" was used but was later replaced with "in effect" since that term is
more commonly used in the land use process. The term "active" was inadvertently left in
Section 18.790.060 and the purpose of this amendment is to replace it with "in effect".
Applies to Ordinance No. 12-09
Code/Manual Section: Tigard Development Code Section 18.790.060 (Urban Forestry
Plan Implementation)
B. Inspections. Implementation of the urban forestry plan shall be inspected,
documented and reported by the project arborist or landscape architect whenever an urban
forestry plan is ftetive in effect...
Amendment 12: Correct spelling error of a tree's common name in the Urban Forestry
Manual. Volume IV— Urban Forestry Manual—Not codified.
Code/Manual Section: Urban Forestry Manual Appendix 2 (Street Tree List- Small
Stature Trees)
Gloryb1ower...
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Housekeeping Amendments to the Urban Forestry Code Revisions
Amendment 13: Generalize cross references from the code to the Urban Forestry Manual.
If the administrative rules are modified during the upcoming administrative rule adoption
process or any other future date, this will make the process more efficient by avoiding the
necessity of making changes to corresponding cross references in the code. Applies to
Ordinance No. 12-09 and 12-11. Ordinance No. 12-09 affects Title 18 also known as
the Community Development Code while Ordinance No. 12-11 covers affected
chapters in the Tigard Municipal Code consisting of active and reserved Titles 1-17.
Code/Manual Section: Tigard Municipal Code Section 8.02.050.1 (Hazard tree related
definitions)
1. "Claimant" -Any person that believes in good faith there is a hazard tree on a
property, can demonstrate that their life, limb or property has the potential to be impacted
by said tree and seeks resolution through the Hazard Tree Evaluation and Abatement
Procedure specified in Seel of , of the Urban Forestry Manual.
5. "Respondent" -Any person that receives notice from a claimant seeking resolution
through the Hazard Tree Evaluation and Abatement Procedure specified in Seetieft 4 of the
Urban Forestry Manual.
Code/Manual Section: Tigard Municipal Code Section 8.06.030 (Hazard Tree Evaluation
and Abatement Procedure)
A. Any claimant may seek resolution through the Hazard Tree Evaluation and Abatement
Procedure specified in SCetiatt 4 o the Urban Forestry Manual.
B. Once initiated by the claimant,both the claimant and respondent have an obligation to
complete the Hazard Tree Evaluation and Abatement Procedure specified in Seetion 4 of the
Urban Forestry Manual. Failure of the claimant or respondent to perform their obligations
specified in the Hazard Tree Evaluation and Abatement Procedure constitutes a violation of
this code by the negligent parry.
Code/Manual Section: Tigard Municipal Code Section 8.06.040 (Emergency Abatement
Procedure)
If the city has reason to believe a hazard tree poses an immediate danger and there is not
enough time to complete the Hazard Tree Evaluation and Abatement Procedure in£eetiott 4
of the Urban Forestry Manual, the city may choose to take immediate remedial action as
defined in Section 1.16.150 of the Tigard Municipal Code.
Code/Manual Section: Tigard Municipal Code Section 8.08.030 (Street Tree Planting)
No person shall plant a street tree without prior written approval obtained through the City
25
i
Housekeeping Amendments to the Urban Forestry Code Revisions
Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in
Seetion 2,paft I of theStreet Tree Pl n 'niz Standards 'n the Urban Forestry Manual.
Code/Manual Section: Tigard Municipal Code Section 8.08.040 (Street Tree Maintenance)
A. All street trees shall be maintained in a manner consistent with the sS_treet t1ree
maintenance sStandards specified in the Urban Forestry Manual.
Code/Manual Section: Tigard Municipal Code Section 8.08.050 (Street Tree Removal)
A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the
approval criteria.in Seetion 3, paft 1 o the Street Tree Removal Standards in the Urban
Forestry Manual; or
Code/Manual Section: Tigard Municipal Code Section 8.08.060 (Median Tree Planting)
No person shall plant a median tree without prior written approval obtained through the
City Manager Decision Making Procedures detailed in Section 8.04.020 using the approval
criteria in Seetion 4, part 1 a the Median Tree Planting;,Standards in the Urban Forestry
Manual.
Code/Manual Section: Tigard Municipal Code Section 8.08.070 (Median Tree
Maintenance)
A. All median trees shall be maintained in a manner consistent with the fftNI_edian t1ree
maintenance jStandards specified in Seetion 4, paft 2 a the Urban Forestry Manual.
Code/Manual Section: Tigard Municipal Code Section 8.08.080 (Median Tree Removal)
A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the
approval criteria in the Median Tree Removal Standards in the Urban
Forestry Manual; or
Code/Manual Section: Tigard Municipal Code Section 8.10.040 (Sensitive Lands Tree
Removal)
A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the
approval criteria in Seetion 6,part 1 a the Sensitive Lands Tree Removal Standards in the
Urban Forestry Manual; or
Code/Manual Section: Tigard Municipal Code Section 8.12.040 (Removal of Trees That
Were Required With Development)
26
Housekeeping Amendments to the Urban Forestry Code Revisions
A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the
approval criteria in Seetion 7,patt 4 o theme ment Tree Removal Standards in the
Urban Forestry Manual; or
Code/Manual Section: Tigard Municipal Code Section 8.14.040 (Removal of Trees that
were Planted Using the Urban Forestry Fund)
A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the
approval criteria in Seetion 8, paft 4 a the Urban Forestry Fund Tree Removal Standards in
the Urban Forestry Manual; or r
Code/Manual Section: Tigard Municipal Code Section 8.16.070 (Removal of Heritage
Tree Designation)
A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the
approval criteria in Seetion 9, paft 4 o the Heritage Tree Designation Removal Standards in
the Urban Forestry Manual; or
Code/Manual Section: Tigard Development Code Section 18.745.040.A (Street Tree
Standards)
1. Street trees shall be required as part of the approval process for Conditional Use
(Type III), Downtown Design Review (Type II and III), Minor Land Partition (Type
11),Planned Development (Type III), Site Development Review (Type II) and
Subdivision (Type II and III) permits.
2. The minimum number of required street trees shall be determined by dividing the
linear amount of street frontage within or adjacent to the site (in feet) by 40 feet.
When the result is a fraction, the minimum number of required street trees shall be
determined by rounding to the nearest whole number.
3. Street trees required by this section shall be planted according to the Street Tree
'Ilantln ,&Standards in Seetio- 2 of the Urban Forestry Manual.
4. Street trees required by this section shall be provided adequate soil volumes according
to the Street Tree Soil Volume s.Standards in Seems -- 42 of the Urban Forestry
Manual.
5. Street trees required by this section shall be planted within the right of way whenever
practicable according to the Street Tree Planting%standards in Seel o 2 Of the Urban
Forestry Manual. Street trees may be planted no more than 6 feet from the right of
27
Housekeeping Amendments to the Urban Forestry Code Revisions
way according to the Street Tree Planting sStandards in Seo the Urban
Forestry Manual when planting within the right of way is not practicable.
6. An existing tree may be used to meet the street tree standards provided that:
a. The largest percentage of the tree trunk immediately above the trunk flare or root
buttresses is either within the subject site or within the right of way immediately
adjacent to the subject site;
b. The tree would be permitted as a street tree according to the Street Tree Planting
and Soil Volume sStandards in Seed~ s 2 and 12 of the Urban Forestry Manual if
it were newly planted; and
c. The tree is shown as preserved in the Tree Preservation and Removal site plan
(per 18.790.030.A.2), Tree Canopy Cover site plan (per 18.790.030.A.3) and
s,Supplemental rReport (per 18.790.030.A.4) of a concurrent urban forestry plan
and is eligible for credit towards the effective tree canopy cover of the site.
7. In cases where it is not practicable to provide the minimum number of required street
trees, the Director may allow the applicant to remit payment into the Urban Forestry Fund
for tree planting and early establishment in an amount equivalent to the City's cost to plant
and maintain a street tree for three (3) years (per the Street Tree Planting sStandards in
Seel o 2 O f the Urban Forestry Manual) for each tree below the minimum required.
Code/Manual Section: Tigard Development Code Section 18.745.050.E.1.a (Screening of
parking and loading areas is required)
(4) All parking areas, including parking spaces and aisles, shall be required to achieve at
least 30% tree canopy cover at maturity directly above the parking area in accordance with
the Parking Lot Tree Canopy Standards in Sectio 13 of the Urban Forestry Manual.
Code/Manual Section: Tigard Development Code Section 18.790.030 (Urban Forestry
Plan Requirements)
A. Urban Forestry Plan Requirements. An urban forestry plan shall:
1. Be coordinated and approved by a landscape architect (the project landscape
architect) or a person possessing dual certifications as a certified arborist and certified tree
risk assessor (the project arborist);
2. Meet the tTree pPreservation and rRemoval sSite pFlan standards in Seetion 10, pftrf
4-4 the Urban Forestry Manual;
28
Housekeeping Amendments to the Urban Forestry Code Revisions
3. Meet the tTree e-Canopy aSite pLlan standards in Section 10, part 2 a the Urban
Forestry Manual; and
4. Meet the&Supplemental r-Report standards in Seetion 10, part 3 o the Urban
Forestry Manual.
B. Tree Canopy Fee. If the aSupplemental r-Report demonstrates that the applicable
standard percent effective tree canopy cover ' ,ite will not be
provided through any combination of tree planting or preservation for the overall
development site (excluding streets) or that the 15 percent effective tree canopy cover will
not be provided through any combination of tree planting or preservation for any individual
lot or tract in the R-1, R-2, R-3.5, R-4.5 and R-7 districts (when the overall development site
meets or exceeds the standard percent effective tree canopy cover), then the applicant shall
provide the city a tree canopy fee according to the methodology outlined in the Tree Canonv
Fee Calculation Requirements in Seetion 10, part 4 a the Urban Forestry Manual.
Code/Manual Section: Tigard Development Code Section 18.790.040 (Discretionary
Urban Forestry Plan Review Option)
A. General Provisions. In lieu of providing payment of a tree canopy fee when less than
the standard effective tree canopy cover , part 3 of the Urban Foreetry
Manual will be provided, an applicant may apply for a discretionary urban forestry plan
review. The discretionary urban forestry plan review cannot be used to modify an already
approved urban forestry plan, any tree preservation or tree planting requirements established
as part of another land use review approval, or any tree preservation or tree planting
requirements required by another chapter in this title.
Code/Manual Section: Tigard Development Code Section 18.790.050.D.1 (Reduction of
Minimum Density)
b. The project arborist or landscape architect certifies the preservation is such that the
connectivity and viability of the remaining significant tree grove is maximized while
balancing the Siwnificant Tree Grove Preservation eConsiderations in Seetion 40,
5-of the Urban Forestry Manual; and
Code/Manual Section: Tigard Development Code Section 18.790.050.D.2.a (Density may
be transferred provided that:)
(ii) The project arborist or landscape architect certifies the preservation is
such that the connectivity and viability of the remaining significant tree
grove is maximized while balancing the Sinificant Tree Grove
29
Housekeeping Amendments to the Urban Forestry Code Revisions
Preservation eConsiderations in Seetion 10, paft 5 o the Urban
Forestry Manual;
Code/Manual Section: Tigard Development Code Section 18.790.050.D.3 (Adjustments
to Commercial Development Standards)
b. The project arborist or landscape architect certifies the preservation is such that the
connectivity and viability of the remaining significant tree grove is maximized while
balancing the Siwnificant Tree Grove Preservation eConsiderations in Seetion 10, pftft
5-e€the Urban Forestry Manual;
Code/Manual Section: Tigard Development Code Section 18.790.050.D.4 (Adjustments
to Industrial Development Standards)
b. The project arborist or landscape architect certifies the preservation is such that the
connectivity and viability of the remaining significant tree grove is maximized while
balancing the Significant Tree Grove Preservation eConsiderations in Seetion 10,
5-of the Urban Forestry Manual;;
Code/Manual Section: Tigard Development Code Section 18.790.050.D.5 (Adjustment to
Minimum Effective Tree Canopy Cover Requirement)
b. The project arborist or landscape architect certifies the preservation is such that the
connectivity and viability of the remaining significant tree grove is maximized while
balancing the Sigaificant Tree Grove Preservation eConsiderations in Seetion 40, ar-t
5-e€the Urban Forestry Manual;
Code/Manual Section: Tigard Development Code Section 18.790.050.D.6 (Adjustment to
Street and Utility Standards)
a. The adjustments will facilitate preservation and help to maximize the connectivity
and viability of a significant tree grove while balancing the Significant Tree Grove
Preservation eConsiderations in Seetion 10, part 5 o the Urban Forestry Manual;
Code/Manual Section: Tigard Development Code Section 18.790.060 (Urban Forestry
Plan Implementation)
B. Inspections. Implementation of the urban forestry plan shall be inspected,
documented and reported by the project arborist or landscape architect whenever an urban
forestry plan is active. In addition, no person may refuse entry or access to the director for
the purpose of monitoring the urban forestry plan on any site with an effective urban
forestry plan. The ilns ection iRe uirements in 11, part 4 of the Urban Forestry
30
Housekeeping Amendments to the Urban Forestry Code Revisions
Manual shall apply to sites with an effective urban forestry plan.
C. Tree Establishment. The establishment of all trees shown to be planted in the tTree
E-Canopy site pElan (per 18.790.030.A.3) and supplemental-rReport (per 18.790.030.A.4)
of a previously approved urban forestry plan shall be guaranteed and required according to
the+Tree tEstablishment r-Requirements in Seetionthe Urban Forestry Manual.
D. Urban Forest Inventory. Spatial and species specific data shall be collected according
to the ttIZrban 4Eorestry ilnventory aequirements in the Urban
Forestry Manual for each open grown tree and area of stand grown trees in the tTree
e-Canopy sSite pElan (per 18.790.030.A.3) and sSupplemental rReport (per 18.790.030.A.4)
of a previously approved urban forestry plan.
Code/Manual Section: Tigard Development Code Section 18.790.070.B (Exemptions)
k
0
B. Exemptions. The following activities shall be exempt from the Type I Modification
to the Urban Forestry Plan Component of an Approved Land Use Permit process:
1. Removal of any tree shown as preserved in the tTree ecanopy s5ite pElan (per
18.790.030.A.3) and sSupplemental rReport (per 18.790.030.A.4) of a previously approved
urban forestry plan provided:
a. The project arborist or landscape architect provides a written report prior to removal
attesting that either the condition rating ,item D.7 of the Urbfttt
Forestry Nianued) or suitability of preservation rating (per ,itent D.8 of the
Sutiulemental Report Requirements in the Urban Forestry Manual) of the tree has changed
to a rating of less than 2; and
b. A revised gree eCanopy s5ite pL_'lan and sSupplemental rReport are submitted for
review and approval prior to removal that reflect the proposed changes to the previously
approved urban forestry plan. The revised gree ecanopy sSite pElan and supplemental
afberist rReport shall demonstrate how the effective tree canopy cover requirements in
Seetion 40, pftrt 3 of the Urban Forestry Nis will be provided by tree planting,
preservation and/or payment of a tree canopy fee in lieu of planting or preservation.
31
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