[Ord. No. 2221, Added, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2830, Amended, 10-1-2019]
This article applies:
1. 
When a person is required to obtain or has obtained:
a. 
A building permit or demolition permit pursuant to LOC Chapter 45;
b. 
An erosion control permit pursuant to LOC § 52.02.040;
2. 
To activities authorized by a development permit, pursuant to LOC Chapter 50;
3. 
To street and sidewalk construction and repairs pursuant to LOC Chapter 42;
4. 
To excavation related to stormwater structures, water and sewer lines/laterals pursuant to LOC Chapter 38; or
5. 
To excavation for irrigation that requires a plumbing permit, pursuant to LOC Chapter 46.
[Ord. No. 2830, Added, 10-1-2019]
1. 
Except as provided below, the definitions of the terms contained in this article shall have the same meaning as the term is defined in LOC Article 55.02 and LOC Chapter 50. In the event of conflict, the definition in LOC Article 55.02 shall prevail.
2. 
Specific Definitions for This Article.
a. 
"Development"/"Development activities" shall include, but is not limited to:
i. 
Actions that are "development" as defined in LOC § 50.10.003.2 (except land division and establishment or termination of a right of access);
ii. 
Tree removal;
iii. 
Grading;
iv. 
Excavation;
v. 
Preparing the development area(s) for activities (exception: brush clearing for surveying and for installing tree protection fencing);
vi. 
Work in the development area(s) in preparation for or as part of development activities;
vii. 
Construction;
viii. 
Demolition;
ix. 
Parking, storage, or movement of construction equipment/materials in the development area(s); and
x. 
Removal or placement of soil.
b. 
"Development area(s)" means the areas for demolition, construction, staging, parking, and offsite utility work for the development.
c. 
"Dripline" shall be as defined in LOC § 55.02.020.
d. 
"Plan" means approved tree protection plan.
e. 
"Tree" shall be as defined in LOC § 55.02.020.
f. 
"Tree protection zone" means the area reserved around a tree or group of trees in which no grading, equipment access, stockpiling or other construction activity shall occur. The tree protection zone is the greater of: (i) the edge of the dripline (including trees where the canopy extends onto development area(s) from abutting properties), or (ii) one-ft. protection radius per inch of trunk DBH.
Exception: The area of the tree protection zone may be altered by the City Manager, based on documented tree protection measures recommended by a certified arborist that will reasonably protect the tree against construction activities causing the health of the tree to decline or die.
[Ord. No. 2830, Added, 10-1-2019]
1. 
Except as provided in subsection (2) of this section, no person shall:
a. 
Perform any development activities within a development area when a tree is present in a development area:
i. 
Prior to the tree protection plan’s approval by the City; or
ii. 
Not in accordance with the requirements of the approved plan.
b. 
Perform any act or activity that is prohibited under the terms of an approved plan.
2. 
No arborist shall direct any person, including the applicant, owner, contractor or developer, to conduct any act in violation of this article or a plan.
3. 
Pre-construction activities beneath a tree canopy, such as digging of test pits for soil testing, hand digging exploratory excavation to locate tree roots, cutting of vegetative understory to install protection fencing, and similar activities, are allowed when a certified arborist is present and the person follows the direction of the arborist in performing the work so that it will not damage or injure the tree.
4. 
No person shall, within a tree protection zone:
a. 
Dump or store construction materials such as building supplies, soil, or waste items.
b. 
Park vehicles, or place portable toilets, or place equipment.
c. 
Place or apply chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, concrete or dry wall excess, construction debris, or run-off.
d. 
Except as permitted by the plan, excavate, trench, grade, root prune or other activity within the tree protection zone.
[Ord. No. 2221, Added, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2830, Amended, 10-1-2019]
1. 
A tree protection plan approved by the City Manager is required prior to conducting development activities in a development area.
2. 
An applicant shall submit to the City Manager the following:
a. 
A scaled site plan that includes the following:
i. 
The development area(s);
ii. 
Location, species, diameter at breast height (DBH), and crown radius for each tree that has tree canopy located over development area(s);
iii. 
Location of the tree protection zone of each tree;
iv. 
Location of existing and proposed roads, stormwater structures, water and sewer lines/laterals, irrigation, and other utility lines/facilities and easements;
v. 
Location of stormwater facilities;
vi. 
Location of proposed and existing structures;
vii. 
Grade change or cut and fill proposed for the development;
viii. 
Existing and proposed impervious surfaces; and
ix. 
Identification of trees proposed or approved for removal;
b. 
Identification of a person who will be responsible for implementing and maintaining the approved plan, and contact information for the person;
c. 
When an arborist is used to establish (or with City approval alter) a tree protection zone, identification of the project arborist, and contact information for the arborist;
d. 
Location and type of proposed tree protection measures to be installed including the horizontal distance of tree protection fencing from the face of each tree trunk (or group of trees) on each side;
e. 
An inventory of all trees on site, their health or hazard condition, prepared by a certified arborist;
f. 
When a tree protection zone is altered upon recommendation by a certified arborist, the specific proposed tree protection measures for the tree, including recommendations for protection action for each tree.
The City Manager may waive one or more of the requirements listed in subsections (2)(a) through (e) of this section based upon the scope of proposed development activities or site-specific circumstances.
3. 
The City Manager may impose conditions of approval on any plan if the condition is reasonably related to preventing, eliminating or mitigating injury or damage to trees protected per the plan that is created or contributed to by the approved development activity. Conditions of approval may include, but are not limited to:
a. 
Requiring a report from a certified arborist outlining the protection measures proposed to prevent and/or limit tree damage or injury from development activities;
b. 
Requiring oversight by a certified arborist of all development activities outside the location of approved tree protection fencing and within the greater of (i) the edge of the dripline (including trees where the canopy extends onto the development area from abutting properties), or (ii) one-ft. protection radius per inch of trunk DBH of the tree to preserve its health or long term viability;
c. 
Requiring status reports from a certified arborist documenting, with text and photographs, each visit made to the development area(s), the condition, reinstallation, and effectiveness of the tree protection measures, the number, size and actions taken when roots are encountered, and recommendations for tree health and protection actions;
d. 
Limiting material transport to hand work only;
e. 
Use of a pier and grade beam design, or other techniques to protect tree roots;
f. 
Limiting excavation depth for pathways, sidewalks, driveways, etc., to the removal of the vegetative layer only, with the construction subgrade built up from native grade;
g. 
Requiring a report from a certified arborist of likely tree damage or injury resulting from changes in hydrology;
h. 
Phasing construction or demolition to limit damage or injury to trees, such as requiring existing asphalt or concrete to remain in place until near the end of work;
i. 
Limiting the type and location of permanent irrigation beneath mature tree species;
j. 
Requiring the applicant and the arborist, if required, to suspend development activities when those activities are likely to cause the tree to decline or die, or to cause the tree to become physically unstable or a hazard; and
k. 
Waiving the requirement of tree protection fencing when impractical, e.g., access constraints, type of development, limited development.
4. 
The City Manager shall inspect the installed tree protection measures, and upon approval of their installation, the plan will be issued.
[Ord. No. 2221, Added, 1-18-2000; Ord. No. 2721, Amended, 7-19-2016; Ord. No. 2772, Amended, 2-6-2018; Ord. No. 2830, Amended, 10-1-2019]
1. 
Except as otherwise determined by the City Manager, all required tree protection measures set forth in this section shall be instituted prior to any applicable development activities.
2. 
Protective metal fencing, a minimum of four ft. tall with steel posts placed no farther than eight ft. apart and anchored a minimum of two ft. into the ground, shall be installed (unless waived by condition). Fence panels may be used if the base of each panel is anchored a minimum of two ft. into the ground with a metal post attached to the fence. This fencing shall be installed at:
a. 
The edge of tree protection zone(s) within the development area(s); or
b. 
The boundary of any open space tracts, sensitive lands, or conservation easements that abut the development area(s).
3. 
The fencing shall be flush with the initial undisturbed grade.
4. 
The applicant shall obtain the tree protection sign template from the City and attach laminated sign(s) to the protection fencing on a minimum of every third fence section/panel.
5. 
Protection fencing and other protection measures shall only be removed after the lattermost of the following, as applicable:
a. 
Installation of utilities and stormwater improvements;
b. 
Construction of the driveway/access lane; and
c. 
Completion of the exterior building walls, e.g., siding, painting, etc. (Protection fencing is typically removed at the time of landscaping.)
[Repealed by Ord. No. 2830, 10-1-2019]
[Ord. No. 2830, Added, 10-1-2019]
Proof of a violation of this article, or approval issued or granted hereunder, shall be deemed prima facie evidence that such violation is that of the owner of the property upon which the prohibited activities exist. Prosecution, or lack thereof, of the owner of the property, the occupant, or other person in possession or control of property shall not be deemed to relieve any other responsible person.
[Ord. No. 2721, Added, 7-19-2016; Ord. No. 2830, Amended, 10-1-2019]
1. 
Civil Violation. A violation of any provision of this article, or the breach of any condition of a plan, shall be a civil violation as defined by LOC § 34.04.105, enforceable pursuant to LOC Article 34.04. Failure to comply with the provisions of this article or a condition of approval shall be a separate offense each day the failure to comply continues. Any prohibited activity that damages or injures a tree or causes a tree removal shall be a separate violation for each tree damaged, injured, or removed. The violation shall be punishable by a fine set forth by the Municipal Court and the enforcement fee. (If a tree removal occurs due to the violation, the removal would be enforced by LOC Article 55.02.)
2. 
Nuisance Abatement. The damage, injury or removal of a tree in violation of this article 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. 
A person who violates a provision of this article or a condition of a tree protection plan shall pay an enforcement fee to the City in an amount as established by resolution of the City Council.
b. 
Enhanced Enforcement Fee. The City may require the person to pay into the City’s tree fund an increased fee for the tree damaged or injured in violation of this article in an amount as established by resolution of the City Council if any of the following apply:
i. 
The person has committed a previous violation of a provision of this article; or
ii. 
The tree damaged or injured was any of the following:
A. 
Thirty-six in. DBH or greater;
B. 
A heritage tree, per LOC Article 55.06;
C. 
Located within the Willamette River Greenway per LOC § 50.05.009;
D. 
Part of an RP or RC district, or HBA protection area, per LOC § 50.05.010; or
E. 
Located on public right-of-way, City-owned or dedicated property, a public or private open space area or conservation easement.
4. 
Arborist Report and Required Treatment. Upon request by the City Manager, a person who violates any provision of this article shall submit a report prepared by a certified arborist to evaluate the damage or injury to a tree and make recommendations to mitigate the damage or injury. Upon the City Manager’s evaluation and approval of the mitigating measures, the person shall implement the mitigating measures as directed by the City Manager. Failure to implement the mitigating measures as directed by the City Manager is a separate offense as to each mitigating measure not implemented.
5. 
Cumulative Remedies. The rights, remedies, and penalties provided in this article 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.