[Ord. No. 2159,
Enacted, 11-4-1997; Ord.
No. 2721, Amended, 7-19-2016]
1.
The purpose of this article is to recognize,
foster appreciation and provide for voluntary protection of Heritage
Trees.
2.
For the purpose of this article, a "Heritage
Tree" is a tree or stand of trees that is of landmark importance due
to age, size, species, horticultural quality or historic importance.
[Ord. No. 2159,
Enacted, 11-4-1997; Ord.
No. 2289, Amended, 6-5-2001; Ord. No. 2708, Amended, 2-16-2016; Ord. No. 2721, Amended, 7-19-2016]
1.
Any person may nominate a particular tree or trees as a Heritage Tree. If the proposed Heritage Tree is located on property other than City property or public right-of-way under City or county jurisdiction, the nomination shall be submitted by the property owner or accompanied by the property owner’s written consent. If the proposed Heritage Tree is located on City property or public right-of-way under City or county jurisdiction, the nomination shall be submitted to the City Manager or County Administrator, as appropriate; if the nomination is consented to by the City or county, the City Manager or County Administrator shall submit the nomination to the Parks, Recreation and Natural Resources Advisory Board (PNAB) pursuant to LOC § 55.06.030.
2.
Nomination shall be made on such form as required by the City Manager. The nomination form shall include a narrative explaining why the tree qualifies for Heritage Tree status pursuant to the description in LOC § 55.06.010 and the written consent of the property owner as described in subsection (1) of this section.
[Ord. No. 2159,
Enacted, 11-4-1997; Ord.
No. 2289, Amended, 6-5-2001; Ord. No. 2708, Amended, 2-16-2016; Ord. No. 2721, Amended, 7-19-2016]
1.
The PNAB shall review all Heritage Tree
nominations at a public meeting. Notice of the meeting shall be provided
to the nominating applicant, the property owner (unless the nominated
tree is located on public right-of-way under City or county jurisdiction,
in which event notice shall be given to the respective City Manager
or County Administrator) and the Chair of any recognized neighborhood
association in which the tree is located.
2.
Staff shall prepare a report for the PNAB
analyzing whether the tree complies with the requirements for designation.
3.
After considering the staff report and
any testimony by interested persons, the PNAB shall vote on the nomination.
The PNAB may designate a tree as a Heritage Tree if the Board determines
that the following criteria are met:
a.
The tree or stand of trees is of
landmark importance due to age, size, species, horticultural quality
or historic importance; and
b.
The tree is not irreparably damaged,
diseased, hazardous or unsafe, or the applicant is willing to have
the tree treated by an arborist and the treatment will alleviate the
damage, disease or hazard;
4.
Following approval of the nomination by
the PNAB:
a.
If the tree is located on private
property, the designation shall be complete upon the property owner’s
execution of a covenant running with the land suitable for recordation
by the City. The covenant shall describe the subject property, generally
describe the location of the Heritage Tree, and covenant that the
tree is protected as a "Heritage Tree" by the City of Lake Oswego
and is therefore subject to special protection as provided in this
chapter.
b.
If the tree is located on public
right-of-way, the designation shall be complete upon the staff’s
listing of the tree on the City Heritage Tree records.
5.
If the tree is located on the public right-of-way, the City or county, as appropriate, shall condition any future Property Owner-requested vacation of the public right-of-way upon the execution of a covenant in accordance with subsection (4) of this section, which shall be recorded by the City upon the vacation of the right-of-way.
[Ord. No. 2159,
Enacted, 11-4-1997; Ord.
No. 2260, Amended, 9-5-2000; Ord. No. 2289, Amended, 6-5-2001; Ord. No. 2721, Amended, 7-19-2016]
2.
If an application to remove a Heritage Tree is sought pursuant to LOC § 55.02.080 the applicant shall demonstrate that the burden imposed on the property owner, or, if the tree is located within the public rightof-way under City or county jurisdiction, then the burden imposed on the respective City or county by the continued presence of the tree outweighs the public benefit provided by the tree in order to comply with 55.02.080(3). For the purposes of making this determination, the following tree impacts shall not be considered unreasonable burdens on the property owner, or if appropriate, the City or county:
3.
Unless the permit is to remove an emergency, dead, or hazard tree pursuant to LOC § 55.02.042(3) or (4), the applicant to remove a heritage tree shall be required to mitigate for the loss of the tree pursuant to LOC § 55.02.084.
4.
Any person who removes a Heritage Tree in violation of this article shall be subject to the penalties provided in LOC § 55.02.130. In addition, the violator shall be subject to double the enforcement fee established pursuant to LOC § 55.02.130(3).
[Ord. No. 2159,
Enacted, 11-4-1997; Ord.
No. 2289, Amended, 6-5-2001; Ord. No. 2721, Amended, 7-19-2016]
1.
A Heritage Tree plaque shall be designed
and may be furnished by the City to the property owner, or if the
tree is in the public right-of-way, to the appropriate City or county
official, of a designated Heritage Tree. The City may charge a fee
to cover the costs of providing the plaque. The plaque shall be posted
at a location at or near the tree and, if feasible, visible from a
public right-of-way.
2.
The Planning Department shall maintain
a list and map of designated Heritage Trees.
[Ord. No. 2159,
Enacted, 11-4-1997; Ord.
No. 2289, Amended, 6-5-2001; Ord. No. 2721, Amended, 7-19-2016]
A Heritage Tree shall be removed from designation if it falls or is removed pursuant to LOC § 55.06.040. If removed from private property, the City shall record a document extinguishing the covenant.
