[Ord. No. 1429, 5-18-1971; Ord. No. 2059, 6-16-1992; Ord. No.
2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016]
The purpose of this chapter is to
regulate the removal of trees, encourage and assist property owners
in managing large forested properties, and prescribe preventative
protection measures to avoid damage to trees during site development
in order to preserve the wooded character of the City of Lake Oswego
and to protect trees as a natural resource of the City.
[Ord. No. 1429, 5-18-1971; Ord. No. 1631, 7-20-1976; Ord. No.
2059, 6-16-1992; Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2649, Amended, 7-29-2014; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2830, Amended, 10-1-2019; Ord. No. 2890, Amended, 3-17-2022]
Means a person who has met the criteria for certification
from the International Society of Arboriculture and maintains accreditation.
Means the cross-sectional area (in square ft.) of the trunk
of a tree measured 54 in. (4.5 ft.) above mean ground level at the
base of the trunk, calculated from the diameter at that height (DBH);
basal area equals tree diameter squared, times 0.005454. This is the
same as radius divided by 12, squared, times Pi (approximately 3.14159).
For an explanation of how to calculate the tree diameter, see definition
of "Caliper Inch" below.
Where this Code requires a minimum caliper or caliper inch
tree, the caliper inch of the tree proposed to meet the requirement
is determined by:
If the required caliper inch is less
than four in., the circumference of the tree trunk is measured six
in. above the root ball (for nursery stock or other trees not in ground),
or if planted, the ground.
If the required caliper inch is four
in. or more, the circumference of the tree trunk is measured 12 in.
above the root ball (for nursery stock or other trees not in ground),
or if planted, the ground.
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The circumference (in inches) is
divided by 3.14 to determine the caliper inch of the tree.
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Means the City Manager or the City Manager’s designee.
Means a tree is lifeless or is in a state of progressive
and irreversible decline. Among the factors that could be considered
to determine if the tree is lifeless include unseasonable lack of
foliage, brittle dry branches, or lack of any growth during the growing
season. Among the factors that could be considered to determine if
the tree is in progressive and irreversible decline include chlorotic
foliage, an overall thinning of the crown, significant branch mortality,
top dieback, premature fall coloration and defoliation, or abnormally
abundant fruit and flower production.
Means the tree trunk diameter measured at 4.5 ft. (54 in.)
above mean ground level at the base of the trunk, except that if a
tree splits into multiple trunks above ground but below 4.5 ft., the
trunk is measured at its most narrow point beneath the split. The
diameter is calculated by dividing the circumference by 3.14.
Means an imaginary vertical line extending downward from
the outermost tips of a tree’s branches to the ground.
Means a certified or licensed (as applicable) arborist, forester,
landscape architect, forest ecologist, or similar natural resource
professional, with expertise in developing silvicultural prescriptions.
Means a lot, parcel, or tract, or a portion thereof, one
acre or larger in area containing not less than one acre of tree canopy
or meeting the applicable stocking level for high/medium/low site
class(es), as applicable, under the Oregon Forest Practices Act (OFPA).
Where stocking level is used (e.g., for a forest management permit)
site class is determined by a qualified forest management professional
at the time of application submittal. A property may have more than
one large forested tract on it, and forest land on contiguous tracts
under the same ownership may be considered together in calculating
the minimum area of one acre.
Means the tree is of a species that can bear an annual crop
of edible fruit that is grown for human consumption. For the purposes
of this chapter, trees that produce fruits comprised of a hard shell
and a seed, commonly referred to as nuts, are excluded (e.g., walnut,
chestnut, oak).
Means a tree species listed on the Invasive Tree Species
List on file with the Planning Department. The Invasive Tree Species
List shall include:
Tree species listed by resolution
of the City Council; and
Tree species added by the City Manager
from time to time, upon finding that the tree species has been introduced
to locations outside of its native range, the tree species has spread
and now persists over large areas, and the tree species negatively
impacts natural ecosystems by displacing native species, reducing
biological diversity and interfering with natural succession.
Means the list of trees listed in Appendix 55.02-1, which are suitable mitigation for the removal of a native tree approved by a Type II permit (LOC § 55.02.080; LOC § 55.02.084(4)(a)(ii)).
Means a tree identified as native in the City’s Master Plant List (LOC § 50.11.004 Appendix D).
Means any individual or legal entity.
Means to cut down a tree or remove all or 50% or more of the crown, trunk, or root system of a tree; or to damage a tree so as to cause the tree to decline, die, or to qualify as hazardous (LOC § 55.02.042(4)). "Removal" includes but is not limited to topping, damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. "Removal" does not include normal trimming or pruning of trees.
Means a healthy, noninvasive tree over 15 in. DBH that is
considered significant to the neighborhood due to size, species, or
distinctive character, or the only remaining tree on a property.
Means any of the following: a detached home, a townhouse
or rowhouse, a zero lot line dwelling, duplex, or a condominium unit
where the tree cutting permit relates to a tree located in the private
yard of such a unit.
Means a group of trees (of the same species or a mixture)
that forms a visual and biological unit at least 15 ft. in height
with a contiguous crown width of at least 120 ft.
Means the number of trees on a given area, as in the case
of trees per acre required to be retained or planted after removal
under a forest management permit. "Restocking" means trees planted
under a forest management permit for reforestation. Stocking counts
trees of all sizes and ages, including seedlings and young trees.
Means a tree 1.5 in. or larger in diameter at breast height
(DBH) located within the public right-of-way, a pedestrian easement
abutting a right-of-way, or within a street tree easement, or used
to meet the street tree requirements for a prior development permit.
Means a tree of six ft. in height or less whose top was removed
either under a tree removal permit or by an act of nature.
Means the severe cutting back of a tree’s limbs to
stubs three in. or larger in diameter within the tree’s crown
to such a degree so as to remove the natural canopy and disfigure
the tree.
Means any woody plant having a trunk six in. or larger in
diameter at breast height (DBH), except that for purposes of restocking,
"tree" means a woody perennial plant, often but not always with one
dominant trunk, with the capacity to achieve a mature height greater
than 16 ft. If a tree splits into multiple trunks above ground, but
below 4.5 ft., it is considered one tree. If the tree splits into
multiple trunks below ground, each trunk shall be considered one tree.
For the purposes of this chapter, stumps, shrubs, and hedges that
otherwise meet the above description (common examples include rhododendrons,
camellia, English laurel, Portuguese laurel, photinia, arborvitae,
and hazelnuts) shall not be considered a "tree."
Means the total ground area covered by a tree or a stand
of trees, as measured at the outer limit of tree branches or crown,
projected to the ground. This is also referred to as the tree dripline.
Means written authorization from the City for a tree removal
to proceed as described in an application, such authorization having
been given in accordance with this chapter.
Means a person who has met the criteria for qualification
in tree risk assessment from the International Society of Arboriculture
and maintains accreditation.
Means water, sewer, gas, electric, and telecommunications
services, including all infrastructure required for an exchange.
[Ord. No. 2664,
Added, 4-7-2015; Ord.
No. 2721, Amended, 7-19-2016]
This chapter does not apply to the
removal of trees less than six in. DBH.
[Ord. No. 1429, 5-18-1971; Ord. No. 2059, 6-16-1992; Ord. No.
2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2830, Amended, 10-1-2019]
[Ord. No. 2097,
Enacted, 12-20-1994; Ord.
No. 2221, Amended, 1-18-2000; Ord. No. 2316, Amended, 3-5-2002; Ord.
No. 2579, Amended, 3-20-2012; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2727, Amended, 11-1-2016]
1.
If a major or minor development permit applied for pursuant to LOC §§ 50.07.003.15 or 50.07.003.14, respectively, would require or result in tree removal and/or a tree cutting permit as defined in this chapter, compliance with LOC § 55.02.080 shall be a criterion of approval of such development permit. Tree removals in conjunction with a major or minor development permit shall be considered in conjunction with such permit and shall be subject to the application, notice, hearing and appeal procedures applicable to the proposed major or minor development. The required notice for major or minor developments that would require or result in tree removals shall include a site plan indicating the location of any trees proposed for removal on the subject site. The proposed trees shall also be flagged with yellow flagging tape on site. Such flagging shall be maintained until a final decision on the proposal is rendered. The remaining notice, hearing and appeal procedures in LOC Chapter 55 shall not apply to tree removals considered in conjunction with a major or minor development request. Subsequent tree removals that have not been reviewed through either major or minor development procedures shall be reviewed as provided in this chapter.
2.
Once a final decision has been rendered on the major or minor development permit, trees that have been approved for removal as part of that decision shall be subject to the verification permit process. Applications for verifications shall be made on the application forms as prescribed by the City Manager and be accompanied by an application fee as established by resolution of the City Council. The purpose of the verification process is to ensure that the trees approved for removal are properly identified for removal in the field and that the trees that were not approved for removal are not inadvertently removed. Removal of trees in violation of such land use approval will be considered a violation of this chapter. The criteria contained in LOC § 55.02.080 shall not apply to verification applications for tree cutting permits.
3.
If a tree proposed to be removed has been specifically required to be preserved or protected as a condition of approval of a land use action pursuant to the Lake Oswego Community Development Code, the tree removal application shall be processed as a modification to that land use action and shall be reviewed subject to the criteria of LOC § 55.02.080 by the body responsible for reviewing such land use actions. Such modification procedure shall not be required in cases of an emergency as provided in LOC § 55.02.042(5), or when the tree is dead as provided in LOC § 55.02.080(1) or is a hazard as provided in LOC § 55.02.080(2).
[Repealed by Ord. No. 2059, 6-16-1992]
[Repealed by Ord. No. 2221, 1-18-2000]
[Ord. No. 2097,
Enacted, 12-20-1994; Ord.
No. 2221, Amended, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2579, Amended, 3-20-2012; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018]
A person who desires to remove a
tree shall first apply for and receive one of the following tree cutting
permits before tree removal occurs:
1.
Type 1 Permit is required for:
a.
A property that is located in a residential
zone and is occupied by a single-family dwelling;
b.
Removal of up to two trees, 15 in.
DBH or less per tree within a calendar year, and removal of any number
of fruit trees regardless of size; and
c.
A tree that is not:
i.
Protected by a condition of approval
of a development permit pursuant to the Lake Oswego Community Development
Code;
ii.
Located within an area or parcel that has been placed on the Historic Landmark Designation List pursuant to LOC § 50.06.009;
iv.
Located within an RC or RP district
or an HBA protection area;
v.
Located within the Willamette River
Greenway (WRG) overlay district;
vi.
Located within the 25-foot Oswego
Lake Special Setback;
vii.
Located on property owned by the
City of Lake Oswego or dedicated to the public, including parks, open
space and public rights-of-way.
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Type I permits shall be issued without
further review upon application and demonstration by the applicant
that the request qualifies as a Type I permit pursuant to this subsection.
|
2.
Type II Permit:
a.
A Type II permit is required prior
to any tree removal application that does not qualify for issuance
of a Type I permit, dead tree removal permit, hazard tree removal
permit, emergency permit, verification permit, topping permit, invasive
tree species removal permit, or forest management permit as described
in this section.
3.
Dead Tree Removal Permit:
a.
The City shall issue a tree cutting
permit for a dead tree, except as provided by subsection 3.b of this
section, if the applicant demonstrates that a tree is dead or is in
progressive and irreversible decline and warrants removal. The City
may require the applicant to submit a report from an arborist substantiating
that the tree is dead or in progressive and irreversible decline.
b.
In order to provide for wildlife habitat and natural processes, the City Manager may require the retention of a dead tree. Dead trees shall not be removed if located in wetlands, RC protection areas (LOC § 50.05.010.5.b), HBA protection areas, stream corridors, parks or open space areas required to be preserved as a condition of development approval unless the tree presents a potential hazard to persons or property.
4.
Hazard Tree Removal Permit: The City shall
issue a tree cutting permit for a hazard tree if the applicant demonstrates
that a tree is a hazard and warrants removal.
a.
A hazard tree is a tree that is likely
to fall and injure persons or property as evidenced by cracking, splitting,
leaning or physical damage. A hazard tree may also include a tree
that is causing damage to existing public or private services or public
facilities and such facilities or services cannot reasonably be relocated
or repaired. The applicant must demonstrate that the condition or
location of the tree presents a clear public safety hazard or a foreseeable
danger of property damage to an existing structure and such hazard
or danger cannot reasonably be alleviated by treatment or pruning
or moving the service or facility.
b.
The City may require the applicant
to submit a report from a Tree Risk Assessor Qualified Arborist confirming
the hazard potential of the tree, indicated by a high or extreme hazard
rating in the International Society of Arboriculture qualitative tree
risk assessment, along with an analysis of alternative methods to
alleviate the hazard without removal, and submit a completed hazard
evaluation form as provided by the City.
5.
Emergency Permit:
a.
If the condition of a tree presents
an immediate danger of collapse, and represents a clear and present
hazard to persons or property, an emergency tree cutting permit may
be issued. For the purposes of this subsection, "immediate danger
of collapse" means that the tree is already leaning, and there is
a significant likelihood that the tree will topple or otherwise fail
and cause damage before a tree cutting permit could be obtained through
the nonemergency process. "Immediate danger of collapse" does not
include hazardous conditions that can be alleviated by pruning or
treatment.
c.
If a utility service has been interrupted
such that the applicant can demonstrate that repairs cannot be completed
without the removal of a tree, an emergency permit shall be issued.
If the tree is a significant tree or a heritage tree, the applicant
must also demonstrate that the utility cannot practicably be relocated.
d.
Emergency tree cutting permits must
be approved by the City Manager. If an emergency situation arises
at a time when the City Manager is unavailable, and such emergency
creates a significant likelihood that the tree will topple or otherwise
fail before such official becomes available, the owner of the tree
shall photograph the tree showing emergency conditions and then may
proceed with removal of the tree to the extent necessary to avoid
the immediate hazard. Within seven days of such removal, the owner
of the tree shall apply for a retroactive emergency tree cutting permit
and shall submit with the application evidence to demonstrate the
emergency nature of the tree.
e.
The City may require the applicant to hire an arborist to review the evidence to ascertain whether the tree presented an immediate danger of collapse. The person or entity performing the removal shall not be eligible to provide this review. If the evidence shows that the tree did not satisfy the emergency tree removal standards set forth in this chapter, the application shall be denied and the owner of the tree shall be subject to penalties pursuant to LOC § 55.02.130 and the mitigation requirements of LOC § 55.02.084.
6.
Invasive Tree Species Removal Permit: The
City may issue a tree cutting permit for a tree that is on the Invasive
Tree Species List upon the applicant’s compliance with the requirements
of LOC § 55.02.050(1)(a).
7.
Verification Permit:
a.
If a site has received development approval through a major or minor development process or for a ministerial resource enhancement project pursuant to LOC §§ 50.05.010.5.c.iii(7) or 50.05.010.6.c.ii(1)(f), then a verification permit shall be issued for those trees approved for removal through that process. To obtain a verification permit, an applicant must clearly identify in the field the trees to be removed by tying yellow tagging tape around each tree and submitting a site plan indicating the location of the requested trees. The City Manager may require the building footprint of the development to be staked to allow for accurate verification of the permit application. The City Manager will then verify that the requested trees match the site plan approved through the major or minor development process or resource enhancement project. The City shall require the applicant to mitigate for the removal of each tree pursuant to LOC § 55.02.084. Such mitigation requirements shall be a condition of approval of the original development permit.
b.
Any tree not approved for removal through the original major or minor development review process or resource enhancement project shall not be approved as part of the verification permit process, unless the subject tree is located within an approved building footprint, public/private utility or improvement area, and no feasible alternative exists to preserve the tree. In such cases, the City may allow the tree to be removed without a Type II tree cutting permit process; however, the mitigation requirements of LOC § 55.02.084 shall still apply.
c.
Verification permits shall be issued
upon application and demonstration by the applicant that the request
complies with this section. Verification permits shall not be issued
prior to the issuance of a building permit for the subject property
without prior authorization by the City Manager.
8.
Topping Permit:
a.
A topping permit may be issued only
if the following apply:
i.
A utility, public agency, or other
person who routinely tops trees in furtherance of public safety may
apply for a topping permit pursuant to this section based upon an
arborist or forester report establishing a methodology for topping
in compliance with this subsection.
ii.
Trees under utility wires may be
topped only where other pruning practices are impractical.
b.
The City, in granting approval for
tree removal in an open space or undeveloped area, may allow a tree
to be topped to a designated height in order to maintain a "snag"
for wildlife habitat.
c.
A tree cutting permit obtained for
tree removal shall not authorize topping unless said tree cutting
permit specifically authorizes such action.
[Repealed by Ord. No. 2221, 1-18-2000]
[Ord. No. 1429, 5-18-1971; Ord. No. 1631, 7-20-1976; Ord. No.
2059, 6-16-1992; Ord. No. 2097, Amended, 2-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2811, Amended, 1-2-2019]
1.
An application for a tree cutting permit
shall be made upon forms prescribed by the City.
a.
Invasive Tree Species Removal Permit.
An application for an invasive tree species removal permit shall contain:
i.
Photograph(s) that positively identify
the tree species;
ii.
The number, DBH, species, and location
of the trees proposed to be cut on a site plan of the property. For
large forested tracts, the City Manager may accept an estimate of
the number of invasive trees to be removed with a site plan indicating
the estimated number, location, DBH, and species;
iii.
Information as to whether the tree
is located in a public right-of-way, is within a Resource Conservation
or Resource Protection overlay district, or a required protection
area for a Habitat Benefit Area, or is part of an approved landscape
or mitigation plan; and
iv.
Any other information reasonably
required by the City.
b.
Other Tree Removal Permits. An application
for a tree cutting permit that is not for an invasive tree species
removal permit shall contain:
i.
The number, DBH, species and location of the trees proposed to be cut on a site plan of the property, except as provided for a major forest management permit application under LOC § 55.02.072(4);
ii.
A forest management plan, where an application is for a major forest management permit under LOC § 55.02.072(4). The application shall provide an estimate of current and proposed stocking levels (number and basal area) of trees six in. or greater DBH by general categories of trees (e.g., evergreen-conifer, evergreen-broad leaf, deciduous, etc.), and identify the names of the predominate tree species representing each category;
iii.
A statement of the reason(s) for
removal;
iv.
A landscape plan for Type II tree
removal if the purpose is to carry out the plan; and
v.
Any other information reasonably
required by the City.
2.
The applicant shall have the burden of
proving that the application complies with the criteria for approval
of the applicable class of permit.
3.
Misrepresentation of any fact necessary
for the City’s determination for granting a tree cutting permit
shall invalidate the permit. The City may at any time, including after
a removal has occurred, independently verify facts related to a tree
removal request and, if found to be false or misleading, may invalidate
the permit and process the removal as a violation. Such misrepresentation
may relate to matters including, without limitation, tree size, location,
health or hazard condition, and owner’s authorized signature.
[Ord. No. 1429, 5-18-1971; Ord. No. 2059, 6-16-1992; Ord. No.
2221, Amended, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016]
An application for a tree cutting
permit shall be accompanied by a filing fee as established by resolution
of the City Council.
[Repealed by Ord. No. 2097, 12-20-1994]
[Repealed by Ord. No. 2221, 1-18-2000]
[Repealed by Ord. No. 2097, 12-20-1994]
[Repealed by Ord. No. 2059, 6-16-1992]
[Repealed by Ord. No. 2097, 12-20-1994]
[Ord. No. 2664,
Added, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2721, Amended, 7-19-2016]
1.
Purpose. The criteria for approval of forest
management permits are intended to sustain forest cover and health,
and assist property owners in managing forested properties, while
minimizing the risk of catastrophic events such as wildfire, drought,
pest and disease infestations, storms (tree blow-down), and landslides.
In addition, large forested tracts can provide thermal comfort and
energy conservation (where stands of trees provide summer shade and
windbreaks); water quality (through reduced storm water runoff and
erosion); air quality; noise reduction (e.g., in areas of dense trees
and shrubs); wildlife and biodiversity; income for property owners;
and aesthetics, which can contribute positively to community identity,
real estate values, commerce, recreation, and individual health and
well-being.
2.
Applicability. An owner of a large forested
tract or the owner’s authorized agent may apply for removal
of one or more trees from the subject tract provided the tract is
not subject to a pending application for minor or major development,
and the subject trees are not:
a.
Noteworthy landscape features included in the Cultural Resources Inventory Field Form for a property that has been placed on the Historic Landmark Designation List pursuant to LOC § 50.06.009, except if the “Statement of Significance” indicates the features are not significant to the landmark;
c.
Located within an RP or RC district,
or HBA protection area;
3.
Minor Forest Management Permit. An owner
of a large forested tract or the owner’s authorized agent may
apply for a minor forest management permit to remove trees under the
following criteria:
a.
Removal of up to six trees or four
square ft. of basal area, whichever is greater, within one calendar
year for every one acre (43,560 sq. ft.) of a large forested tract
(round to the closest whole number of trees).
b.
Removal of any number of trees that meet the criteria in LOC § 55.02.042 for a dead tree removal permit, hazard tree removal permit, emergency permit, topping permit, or invasive tree species removal permit may be combined in one minor forest management permit. The City Manager may require a report from a qualified forest management professional to address the respective criteria.
c.
Soil, felled trees, and debris shall be contained within the subject tract; forest management activities shall not cause erosion or alter the flow of surface waters onto an adjacent property. An erosion control permit approved by the City Manager pursuant to LOC Chapter 52 is required prior to tree removal activities that disturb 500 sq. ft. or more of land surface area, or any land area within 50 ft. of a stream corridor boundary.
d.
If the site was subject to a development permit, the removal of trees shall not be contrary to the development permit pursuant to LOC Chapter 50.
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Minor forest management permits shall
be issued without further review upon application and demonstration
by the applicant that the request qualifies as a minor forest management
permit pursuant to this subsection.
|
4.
Major Forest Management Permit (Forest Management Plan). An owner of a large forested tract or the owner’s authorized agent may apply for a major forest management permit to remove more trees than would be permitted under a minor forest management permit. An application for a major forest management permit shall be accompanied by a forest management plan prepared by a qualified forest management professional, which shall be reviewed and approved by the City Manager pursuant to the notification requirements in LOC § 55.02.082 and the following criteria:
a.
The forest management plan shall
include a description of the existing conditions and identify and
describe the forest management objectives that it is intended to implement
for each tree stand type proposed for treatment. Forest management
objectives include pest management; disease prevention and treatment;
protection against catastrophic events, such as wildfire and storms
(tree blow-down); removal of individual hazard trees; water quality
protection or improvement; removal of invasive species; and routine
pruning, thinning, and replanting of trees for forest health and diversity;
b.
Forest management shall not include
the felling and removal of all trees from a stand (clearcutting),
except where a stand is predominately comprised of diseased trees,
treatment by other means is not practicable, and the forest management
plan provides for restocking with nonsusceptible species;
c.
Forest management activities will
not have a significant negative impact on erosion, soil stability,
flow of surface waters, protection of adjacent trees, or existing
windbreaks;
d.
Forest management activities will not result in removal of more than 50% of the basal area of trees within a required setback yard under the applicable zoning district (LOC Chapter 50). The reviewing authority may grant an exception to this criterion when alternatives to tree removal have been considered and no reasonable alternative exists but to allow the proposed forest management activities. In making this determination, the reviewing authority shall consider the advice of a qualified forest management professional;
e.
Removal of the tree(s) is not for
the sole purpose of providing or enhancing views. Thinning and pruning
of trees to provide a fuel break next to an existing dwelling is allowed
subject to compliance with the criteria of this section;
f.
Removal of trees shall substantially conform to any development permit issued for the site pursuant to LOC Chapter 50.
g.
The application shall contain a forest
management plan (narrative and site plan) that:
i.
Identifies all proposed areas of
tree removal, stocking, and other forest practices, as applicable;
ii.
Identifies all proposed forest management activities, including timing, duration, method of application (e.g., manual or equipment), temporary and permanent disturbance areas (e.g., any roads, stockpiles, etc.), and, where applicable, erosion control measures under LOC Chapter 52;
iii.
Describes how existing trees to be
retained, including trees not in the area to be thinned, and those
on abutting property, will be protected during all proposed forest
management activities;
iv.
Demonstrates how any adverse impacts,
per subsections (4)(c) and (4)(d) of this section, will be avoided;
or, where impacts are unavoidable, how they will be minimized or mitigated;
v.
Provides silvicultural prescriptions
and maintains site-appropriate stocking levels as recommended by a
qualified forest management professional to achieve the stated forest
management objectives. The reviewing authority may refer to the Oregon
Forest Practices Act for guidance on recommended stocking levels,
as applicable; and
vi.
Preserves exemplary specimen trees
for their aesthetic or educational value where preservation does not
conflict with the proposed forest management objectives.
[Repealed by Ord. No. 2221, 1-18-2000]
[Ord. No. 2097,
Amended, 12-20-1994; Ord.
No. 2221, Amended, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2830, Amended, 10-1-2019]
An applicant for a Type II tree cutting
permit shall demonstrate that the following criteria are satisfied.
The City Manager may require an arborist’s report to address
the criteria for a permit.
1.
The tree is proposed for removal because
it has outgrown its landscape area or the removal is part of a landscape
plan, or in order to construct development approved or allowed pursuant
to the Lake Oswego Code or other applicable development regulations.
The City Manager may require the building footprint of the development
to be staked to allow for accurate verification of the permit application;
a.
For the purposes of this section,
a tree that has outgrown its landscape area may include, but is not
limited to, a tree that has grown such that damage to a structure
or facility cannot be avoided by pruning or other maintenance, a tree
that has grown too large within a constrained space such as a deck
or other built feature that was constructed around the tree, or thinning
to improve the health of other trees.
b.
For purposes of this section, a "landscape
plan" shall consist of plantings but may also include walkways, patios
and other landscape features; the plan must include more than removing
the tree for which the Type II permit is requested and planting required
mitigation trees;
2.
Removal of the tree, considering proposed
mitigation measures, will not have a significant negative impact on
erosion, soil stability, flow of surface waters, protection of adjacent
trees, or existing windbreaks;
3.
Removal of the tree will not have a significant
negative impact on the character or aesthetics of the neighborhood.
This standard is met when removal of the tree(s) does not involve:
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Exceptions: This subsection (3) is not applicable when:
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a.
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A tree is likely to or will continue to cause damage to a permanent,
viable existing structure, or to infrastructure, such as utilities
or paved landscape features, that cannot be remedied through reasonable
tree maintenance or pruning; or
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b.
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Alternatives to the tree removal have been considered and no
reasonable alternative exists to allow the property to be used as
permitted in the zone. In making this determination, the City may
consider alternative site plans or placement of structures (development
purpose) or alternate landscaping designs (outgrown landscape area;
landscape plan) that would lessen the impact on trees, so long as
the alternatives continue to comply with other provisions of the Lake
Oswego Code;
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a.
A significant tree;
b.
Alterations to the distinctive features
or continuity of the neighborhood skyline, as viewed from all public
streets and properties within 300 ft. of the property;
c.
A tree that serves as a visual screen
between a residential zone and an abutting nonresidential zone, or
between a low density residential zone and a medium or high density
residential zone, or between a medium and high density residential
zone;
d.
A street tree; or
e.
Greater than 50% of a stand of trees.
4.
Removal of the tree is not for the sole
purpose of providing or enhancing views;
5.
Removal of the tree is not contrary to
another section of the Lake Oswego Code; and
[Ord. No. 2221,
Added, 1-18-2000; Ord.
No. 2260, Amended, 9-5-2000; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2854, Amended, 11-3-2020]
1.
An applicant for a Type II tree cutting
permit or a major forest management permit shall:
a.
Complete a public notice form. City
staff shall distribute the notice to the neighborhood association
whose boundaries include the proposed tree removal site;
b.
Complete a certification that the
property will be posted and the trees will be marked pursuant to this
section;
c.
Within 24 hours of applying for a
tree cutting permit, post a public notice sign of a pending tree cutting
permit as provided by the City on the subject property or associated
access easement in a location that is clearly visible and readable
to vehicles traveling on a public street and to pedestrians walking
or biking by the property. The public notice sign shall state that
a tree cutting permit is pending for trees on the property marked
by yellow plastic tagging tape (or other means approved by the City,
in the case of forest management permits), and shall include:
i.
The date of posting and the pending
permit number as assigned by the City Manager, and state that City
staff will consider any comments on the pending permit that are received
within 14 days of the date of posting. For pending forest management
permits, the notice shall include a brief summary of the proposed
tree removal and forest management activities;
iii.
Telephone number, City website address,
and Planning Department location and hours to obtain information about
the application, submit comments, obtain the tentative decision, and
determine the last date to request a hearing.
d.
Mark each tree proposed to be removed
by tying or attaching a yellow plastic tagging tape to the tree at
4.5 ft. above mean ground level at the base of the trunk, on or prior
to the same day that the property is posted; and
i.
Exception: For tree removal under
a forest management permit, trees may be identified with tree marking
paint, flagging, or other methods recommended by a forest management
professional and identified in the permit;
e.
Maintain the tree marking until the
final decision is issued.
2.
After the close of the 14-day comment period:
a.
If the tree cutting permit application
is associated with development that is the subject of a building permit
application, review of the tree cutting permit application shall be
suspended until the associated building permit application is reviewed
and the development is found to be in conformance with the Community
Development Code standards. City staff shall then promptly make a
tentative decision approving the permit, approving the permit with
conditions, or denying the permit. (If the development in the associated
building permit is materially different than the development as described
in the tree cutting permit application, the applicant shall modify
the tree cutting permit application so that the proposed development
is materially consistent with the development in the associated building
permit; the tree cutting permit application shall then be renoticed
for a new comment period.)
b.
If the tree removal permit application
is not associated with development that is the subject of a building
permit, City staff shall promptly make a tentative decision approving
the permit, approving the permit with conditions, or denying the permit.
c.
The tentative decision shall be posted
on a Planning Department internet case file webpage, referencing the
address stated in the posted notice. A notice of tentative decision
shall state the deadline to file a request for hearing.
d.
The notice of tentative decision
shall be given to the applicant, neighborhood association, and persons
that submitted written comments. The notice of tentative decision
shall be provided by email to the person’s/association’s
submitted email address, or if no email address is provided by a person
but a mailing address is provided, then by first class mail.
3.
If no request for a hearing is received within seven days after the tentative decision is issued and notice of tentative decision is given to the applicant, neighborhood association, and to persons that submitted written comments pursuant to LOC § 55.02.085, the tentative decision shall be the final decision.
4.
If a request for hearing is timely filed,
City staff shall immediately post a red sign on the subject property
in the same manner as the posted notice under subsection 1.c of this
section, stating a tentative decision on an application for tree removal
was issued, a timely request for hearing was filed, and the location,
time and date of the hearing. The applicant shall maintain the posting
of this sign and the tree marking, until the date of the hearing.
5.
Failure to install or maintain the required
notice and marking may result in denial or delay in issuance of the
permit or revocation of an approved permit.
6.
The tree cutting permit shall be issued
promptly after the decision approving the tree cutting removal application
is final, except if the tree cutting permit application is associated
with a building permit application, the tree cutting permit shall
be issued concurrently with the building permit.
[Ord. No. 2221,
Added, 1-18-2000; Ord.
No. 2260, Amended, 9-5-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2649, Amended, 7-29-2014; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2811, Amended, 1-2-2019]
1.
An applicant shall provide mitigation for
any tree permitted for removal, with the exception of the following:
a.
Dead trees;
b.
Hazard trees;
c.
Emergency trees;
d.
Trees that are removed under a Type
I permit;
e.
Invasive tree species, except as
provided in subsection (2) of this section;
f.
Tree removal under an approved minor forest management permit pursuant to LOC § 55.02.072; restocking may be required for a major forest management permit under LOC § 55.02.072(4);
g.
When part of a resource enhancement
project, the species, number, and size of mitigation trees shall follow
the resource enhancement plan approved under LOC §§ 50.05.010(5)(c)(iii)(7)
or 50.05.010(6)(c)(ii)(1)(f).
2.
Mitigation for invasive tree species removal
is required when:
a.
The removal is from a public right-of-way
and replanting is recommended by the Public Works Director;
b.
The removal is from an RP or RC district,
or HBA protection area, except as approved as part of a resource enhancement
project; or
c.
The tree was planted as part of a
previously approved mitigation plan or landscaping.
3.
Mitigation shall be required for any tree
removal in violation of the Tree Code, excluding trees removed without
permit by topping.
4.
The mitigation requirement shall be satisfied
as listed below. Except where subsection (4)(c) of this section applies,
a mitigation plan shall be submitted showing the location, size, and
species of mitigation trees, or in the case of large forested tracts,
restocking of any new trees to replace the trees to be removed.
a.
Replanting on Site. The applicant
shall plant, for each tree removed:
i.
Invasive Tree Species Removal Permit.
Removal from a public right-of-way or from an approved landscape plan,
either a minimum one-and-one-half-in. caliper deciduous tree (measured
six in. above the root ball) or a minimum six-ft.-tall evergreen tree
for each tree removed. Removal from a Resource Conservation or Resource
Protection overlay district, or Habitat Benefit Protection Area, either
a minimum one-half in. caliper deciduous tree or a minimum two-ft.-tall
evergreen tree.
ii.
Type II Permit. Either a minimum
one-and-one-half-in. caliper deciduous tree or a six-ft.-tall evergreen
tree for each tree removed. Mitigation for the removal of a native
tree on the City’s Master Plant List shall be with a species
from the Native Mitigation Tree List.
A.
Exception: Removal of a tree identified
as a significant tree for development purposes shall require two minimum
one-and-one-half-in. caliper deciduous trees (measured six in. above
the root ball) or a minimum of two six-ft.-tall evergreen trees for
each tree removed.
B.
Exception: If tree removal is for
the landscaping purpose of thinning to improve the health of other
trees, mitigation shall be reduced to the extent there is insufficient
space to replant elsewhere on the site and maintain tree health.
iii.
Other Tree Cutting Permits. Either
a minimum one-and-one-half-in. caliper deciduous tree or a six-ft.-tall
evergreen tree for each tree removed. Mitigation for the removal of
a native tree shall be with a native species.
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The tree shall be planted according
to the specifications in the City Tree Planting and Maintenance Guidelines
as approved by the City Council.
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b.
Replanting off Site. If in the City’s
determination there is insufficient available space on the subject
property, the replanting required in this section shall occur on other
property in the applicant’s ownership or control within the
City, or in an open space tract that is part of the same subdivision.
Such mitigation planting is subject to the approval of the authorized
property owners. The City may specify the species and size of the
tree.
c.
Payment in Lieu of Planting. If in
the City’s determination no feasible alternative exists to plant
the required mitigation, the applicant shall pay into the tree fund
an amount as established by resolution of the City Council.
5.
Trees identified as invasive on the Invasive
Tree Species List are prohibited as mitigation trees.
[Ord. No. 2097,
Enacted, 12-20-1994; Ord.
No. 2221, Amended, 1-18-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2458, Amended, 5-16-2006; Ord. No. 2614, Amended, 2-19-2013; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2811, Amended, 1-2-2019; Ord. No. 2917, Amended, 12-20-2022]
1.
The applicant, neighborhood association, or any person who submitted written comments may request a hearing on a Type II tree cutting permit following issuance of the tentative decision by filing a written request for hearing, along with the applicable hearing fee as established by resolution of the City Council, with the City Recorder, within seven days of the date the notice of tentative decision was given pursuant to LOC § 55.02.082. Failure to file within the seven-day period shall preclude such a request.
2.
Requests for hearing shall be heard by
the Development Review Commission (DRC), which shall hold a public
hearing on the request. The City shall send notice of the hearing
to the applicant, the recognized neighborhood association for the
area in which the subject property is located, and to any person who
submitted written comments. The notice shall be sent at least ten
days in advance of the hearing.
3.
The DRC hearing procedures shall be as
follows:
a.
The DRC shall hear testimony from
the applicant, followed by those in favor of the application, those
opposed to the application (beginning with the person who requested
the hearing if different from the applicant), and concluding with
rebuttal by the applicant;
b.
Any person may testify before the
DRC; and
c.
Except as provided in subsection 3.a of this section, the hearing shall be conducted in the same manner as provided in LOC § 50.07.003.4.a.i through x, and 4.b through e.
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Following the close of the public testimony, the DRC shall determine, based upon the evidence and testimony in the record, whether or not the application complies with the criteria contained in LOC § 55.02.080. The findings, conclusions, and order shall contain the DRC’s reasons for approving, approving with conditions, or denying the permit.
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4.
A decision of the DRC shall not become
final for ten days from the date of adoption of written findings.
Any person who appeared before the DRC either orally or in writing
may appeal the decision of the DRC to the City Council by filing a
written notice of intent to appeal, along with an appeal fee as established
by resolution of the Council, with the City Recorder within ten days
of the date of adoption of the DRC’s written findings, conclusions
and order. The findings, conclusions, and order and minutes of the
DRC’s meeting, along with any written staff reports or testimony,
shall be forwarded to the City Council. Written notice of the appeal
hearing shall be sent at least ten days in advance of the Council
hearing to those persons who appeared before the DRC. The hearing
before the City Council shall be on the record established before
the DRC and only persons who appeared before the DRC orally or in
writing may testify. The Council’s hearing shall follow the
same procedures set forth in LOC § 50.07.003(7)(d) through
(f) (except the minimum time the staff report must be available for
review prior to the appeal hearing is three days), (7)(h) through
(l), (7)(m) (except any land use review deadline is not applicable),
(7)(n), and (7)(o)(i) through (iv). The decision of the Council shall
be final.
[Repealed by Ord. No. 1807, 9-15-1981]
[Ord. No. 2221,
Added, 1-18-2000; Ord.
No. 2260, Amended, 9-5-2000; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2854, Amended, 11-3-2020]
1.
Dead and invasive tree species removal
permits shall have no expiration date.
2.
A properly issued tree cutting permit,
other than a dead or invasive tree species removal permit and forest
management permit, shall remain valid:
a.
For tree cutting permits issued in
conjunction with a development permit or building permit, for the
duration of the development permit or building permit; or
b.
For other than subsection 2.a of
this section, for no more than 60 days from the date of issuance or
date of final decision by a hearing body, if applicable. A 60-day
extension shall be automatically granted by the City Manager if requested
in writing before the expiration of the permit. No additional extensions
beyond the first extension shall be granted.
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Permits that have lapsed are deemed
void. Trees removed after a tree cutting permit has expired shall
be considered a violation of this chapter.
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3.
A minor forest management permit shall
remain valid for no more than 180 days from the date of issuance.
4.
A major forest management permit shall remain valid for the period specified by the approved forest management plan, except as required under subsection (5) of this section.
5.
Minor and major forest management permits
automatically expire upon approval of an application for a land division
or development on the tract subject to forest management activities
such that the tract would no longer meet the criteria for a large
forested tract.
[Ord. No. 2221,
Added, 1-18-2000; Ord.
No. 2721, Amended, 7-19-2016]
1.
The reviewing authority may impose conditions
of approval on any tree cutting permit if the condition is reasonably
related to preventing, eliminating or mitigating a negative impact
or potential impact on natural features or processes or on the built
environment of the neighborhood which is as created or contributed
to by the approved tree removal.
2.
Conditions of approval may include, but
are not limited to:
a.
Cutting a tree or stump flush with
the grade instead of grinding or fully removing a stump;
b.
Requiring modifications in the location,
design or intensity of a development or activities on a site or to
require or prohibit certain construction methods;
c.
Requiring vegetation not requiring
a tree removal permit to remain in place or be planted;
d.
Requiring the removal of injurious
vegetation (e.g., English Ivy) from other trees on the property.
[Repealed by Ord. No. 1807, 9-15-1981]
[Ord. No. 2059, 6-16-1992; Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016]
1.
If a tree is removed without a tree cutting
permit, a violation shall be determined by measuring the stump. A
stump that is eight caliper in. or more in diameter shall be considered
prima facie evidence of a violation of this chapter.
2.
Removal of the stump of a tree removed without a tree cutting permit prior to the determination provided in subsection (1) of this section is a violation of this chapter.
3.
Proof of violation of this chapter shall
be deemed prima facie evidence that such violation is that of the
owner of the property upon which the violation was committed. Prosecution
of or failure to prosecute the owner shall not be deemed to relieve
any other responsible person.
[Ord. No. 1429, 5-18-1971; Ord. No. 1880, 2-7-1984; Ord. No.
2059, 6-16-1992; Ord. No. 2097, Amended, 12-20-1994; Ord. No. 2221, Amended, 1-18-2000; Ord. No. 2231, Amended, 3-21-2000; Ord. No. 2260, Amended, 9-5-2000; Ord. No. 2316, Amended, 3-5-2002; Ord. No. 2576, Amended, 11-15-2011; Ord. No. 2579, Amended, 3-20-2012; Ord. No. 2664, Amended, 4-7-2015; Ord. No. 2687, Amended, 12-15-2015; Ord. No. 2721, Amended, 7-19-2016]
1.
Civil Violation. A violation of any provision of this chapter, or the breach of any condition of a permit granted under this chapter shall be a civil violation as defined by LOC § 34.04.105, enforceable pursuant to LOC Article 34.04. The unlawful removal of each individual tree shall be a separate offense hereunder. Failure to comply with the provisions of this chapter or a condition of approval shall be a separate offense each day the failure to comply continues. The violation shall be punishable by a fine set forth by the municipal court and the enforcement fee and restoration requirements as set forth in subsections (3) and (4) of this section.
2.
Nuisance Abatement. The removal of a tree in violation of this chapter is hereby declared to be a public nuisance, and may be abated by appropriate proceedings pursuant to LOC Article 34.08.
3.
Enforcement Fee. A person who removes a
tree without first obtaining a tree cutting permit from the City pursuant
to this chapter, removes a tree in violation of an approved tree cutting
permit, or violates a condition of an approved tree cutting permit
shall pay an enforcement fee to the City in an amount as established
by resolution of the City Council.
4.
Restoration.
a.
A person who removes a tree without
first obtaining a required tree cutting permit from the City pursuant
to this chapter, removes a tree in violation of an approved tree cutting
permit, or violates a condition of such a permit shall pay into the
City’s tree fund a standard fee per caliper inch for the total
number of caliper inches of the tree removed in violation of this
chapter in an amount as established by resolution of the City Council.
b.
The City may require the person to
pay into the City’s tree fund an increased fee per caliper inch
for the total number of caliper inches of the tree removed in violation
of this chapter in an amount as established by resolution of the City
Council or the value of the tree as determined by an arborist in accordance
with the methods set forth in the "Guide for Plant Appraisal," an
official publication of the International Society of Arboriculture,
whichever is greater, if any of the following apply:
i.
The person has committed a previous
violation of a provision of this chapter, or
iii.
The tree removed was any of the following:
A.
Thirty-six in. (caliper) in diameter
or greater,
C.
Expressly protected or required to
be preserved as a condition of approval of any permit pursuant to
the Lake Oswego Community Development Code, or this Tree Code,
F.
Located on public right-of-way, City-owned
or dedicated property, a public or private open space area or conservation
easement.
5.
Injunction. Upon request of the City Manager
or direction from Council, the City Attorney may institute appropriate
action in any court to enjoin the removal of trees in violation of
this chapter.
6.
Loss of City Privileges.
a.
A person hired to perform tree removal within the City, upon request, shall provide evidence to the City Manager of a valid license to conduct business in Lake Oswego. The person is subject to business license revocation pursuant to LOC § 20.02.085 if the person violates any provision of this chapter.
b.
Any arborist, builder, landscaper,
contractor, or tree service that has performed any tree removal in
violation of this chapter or submitted a falsified report for the
criteria required in this chapter, shall not be considered a responsible
bidder for any City contracts for a period of two years from the date
of violation or report.
7.
Arborist Report and Required Treatment.
Upon request by the City, a person who violates any provision of this
chapter shall submit a report prepared by an arborist or qualified
forest management professional, as applicable, to evaluate the damage
to a tree and/or make recommendations to remedy the violation. The
City upon evaluating these recommendations may, at the City’s
discretion, require that the recommended measures be implemented.
8.
Cumulative Remedies. The rights, remedies,
and penalties provided in this chapter are cumulative, are not mutually
exclusive, and are in addition to any other rights, remedies and penalties
available to the City under any other provision of law.
[Repealed by Ord. No. 2221, 1-18-2000]
