The purpose of this chapter is to establish processes and standards
that ensure the City maximizes the environmental, economic, health,
community, and aesthetic benefits provided by its urban forest. It
is the intent of this code to establish, maintain, and increase the
quantity and quality of tree cover in residential zones and on land
owned or maintained by the City and within rights-of-way, and to ensure
our urban forest is healthy, abundant, and climate resilient.
This code is designed to:
1.
Foster
urban forest growth to achieve 40% canopy coverage by 2040.
2.
Maintain
trees in a healthy condition through best management practices.
3.
Manage
the urban forest for a diversity of tree ages and species.
4.
Manage
street trees appropriately to maximize benefits and minimize hazards
and conflicts with infrastructure.
5.
Ensure
the preservation and planting of tree canopy with development and
redevelopment of housing in residential zones.
6.
Regulate
the removal, replanting, and management of trees prior to and following
development and redevelopment in residential zones.
7.
Implement
applicable urban forest goals, policies, objectives, and action items
in the Comprehensive Plan, Climate Action Plan, and Urban Forest Management
Plan.
(Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
The following definitions will apply for terminology used in this chapter. If a definition is not listed in this chapter, the definition in Title 19 will apply. Where definitions are not provided in this chapter or Title 19, their normal dictionary meaning will apply:
means a day/week designated by the City to celebrate and
acknowledge the importance of trees in the urban environment.
means the practice and study of the care of trees and other
woody plants in the landscape.
is the layer of leaves, branches and stems of trees that
cover the ground when viewed from above. Canopy cover is measured
as the proportion of a fixed area of the ground covered by tree crowns.
means the City of Milwaukie.
means the City Engineer of the City of Milwaukie or designee.
means the City Manager or the City Manager's authorized representative
or designee.
means the publishers of the Guide for Plant Appraisal.
means area of the tree above the ground, measured in mass,
volume, or area extending from the trunk and including the branches,
stems, leaves, and reproductive structures.
means the average area in square feet that the tree crown
covers (Figure 16.32.010-1).
|
Figure 16.32.010-1 Measuring Crown Area
 |
means the felling or removal of a tree, or any procedure
that naturally results in the death or substantial destruction of
a tree. Cutting does not include normal trimming or pruning but does
include topping of trees.
means the diameter at breast height.
means a tree that is dead or has been damaged beyond repair
or where not enough live tissue, green leaves, limbs, or branches
exist to sustain life.
means the measurement of mature trees as measured at a height
4.5 feet above the mean ground level at the base of the tree (Figure
16.32.010-2A). The DBH may be determined by measuring the circumference
of the tree trunk 4.5 feet above the mean ground level at the base
of the tree and dividing by 3.14. Trees existing on slopes are measured
at the lowest point of ground at the base of the tree (Figure 16.32.010-2B).
When the trunk branches or splits less than 4.5 feet from the ground,
measure the smallest circumference below the lowest branch and divide
by 3.14 (Figure 16.32.010-2C). For multi-stemmed trees, the size is
determined by measuring all the trunks, and then adding the total
diameter of the largest trunk to 1/2 the diameter of each additional
trunk. A multi-stemmed tree has trunks that are connected above the
ground and does not include individual trees growing close together
or from a common root stock that do not have trunks connected above
the ground (Figure 16.32.010-2D).
|
Figure 16.32.010-2 Measuring Diameter at Breast Height
 |
means the perimeter measured on the ground at the outermost
crown by drawing an imaginary vertical line from the circumference
of the crown, straight down to the ground below.
means a tree that is diseased, infested by insects, deteriorating,
or rotting, as determined by a professional certified in the appropriate
field, and that cannot be saved by reasonable treatment or pruning,
or a tree that must be removed to prevent the spread of infestation
or disease to other trees.
means a tree or tree part the condition or location of which
presents a public safety hazard or an imminent danger of property
damage as determined by an ISA Qualified Tree Risk Assessor, and such
hazard or danger cannot reasonably be alleviated by treatment or pruning.
means a tree, shrub, or other woody vegetation that is on
the Oregon State Noxious Weed List or listed on the City of Milwaukie
Invasive Tree List in the Public Works Standards.
means the International Society of Arboriculture.
means the guidelines established by ISA for arboricultural
practices for use by arborists, tree workers, and the people who employ
their services.
means removal of over 20% of the live crown, or removal of
or injury to over 15% of the root system during any 12-month period.
is the schedule of City fees and charges adopted by City
Council for the services provided by the City.
means the trimming or removal of less than 20% of any part
of the live crown, or less than 15% of the root system during a 12-month
period.
means Neighborhood District Association.
means a terrestrial, aquatic, or marine plant designated
by the State Weed Board under ORS 569.615.
means any person who owns land, or a lessee, agent, employee,
or other person acting on behalf of the owner with the owner's written
consent.
means a tree, shrub, or other woody vegetation within a City
park.
means any natural person, firm, partnership, association,
social or fraternal organization, corporation, estate, trust, receiver,
syndicate, branch of government, or any other group or combination
acting as a unit.
means any public agency or public utility as defined in ORS
757.005, or a drainage district organized under ORS Chapter 547.
means a tree, shrub, or other woody vegetation on land owned
or maintained by the City, but does not include a tree, shrub, or
other woody vegetation in the right-of-way.
means an area that allows for the passage of people or goods.
Right-of-way includes passageways such as freeways, pedestrian connections,
alleys, and all streets. A right-of-way may be dedicated or deeded
to the public for public use and under the control of a public agency,
or it may be privately owned. A right-of-way that is not dedicated
or deeded to the public is usually in a tract or easement.
means any plant with multiple woody stems that does not have
a defined crown and does not grow taller than a height of 16 feet.
means a tree, shrub, or other woody vegetation on land within
the right-of-way. When any portion of the trunk of a tree crosses
a public right-of-way line at ground level, it is considered a street
tree.
is the list of tree and shrub species approved by the City
for planting within the right-of-way.
means a pruning technique that cuts branches and/or the main
stem of a tree to reduce its height or width.
means any living woody plant characterized by one main stem
or trunk and many branches, or a multi-stemmed trunk system with a
defined crown, that will obtain a height of at least 16 feet at maturity.
means the City of Milwaukie Tree Board.
means the aggregate or collective tree crowns.
means the Tree Fund as created by this chapter.
means the cutting or removal of 50% or more of the crown,
trunk, or root system of a plant, the uprooting or severing of the
main trunk of the tree, or any act that causes, or may reasonably
be expected to cause the tree to die as determined by an ISA Certified
Arborist.
means the trees that exist within the City.
means the Urban Forester of the City of Milwaukie, or designee.
is the management plan adopted by City Council for the management
of the City's urban forest.
is a public utility, business, or organization that supplies
energy, gas, heat, steam, water, communications, or other services
through or associated with telephone lines, cable service, and other
telecommunication technologies, sewage disposal and treatment, and
other operations for public service.
(Ord. 1836 § 1, 1998; Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
A.
The
City Manager is authorized to administer and enforce the provisions
of this chapter.
B.
The
City Manager is authorized to adopt procedures and forms to implement
the provisions of this chapter.
C.
The
City Manager may delegate as needed any authority granted by this
chapter to a designee as deemed appropriate by the City Manager.
(Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
A.
Tree
Board Composition
The Tree Board will consist of 7 members, at least 5 of which
must be residents of the City, one must be an ISA Certified Arborist,
and all 7 must be appointed by the Mayor with approval of the City
Council.
B.
Term
of Office
The term of the 7 persons appointed by the Mayor will be 3 years
except that the term of 2 of the members appointed to the initial
Tree Board will serve a term of only one year, and 2 members of the
initial Tree Board will be for 2 years. In the event that a vacancy
occurs during the term of any member, their successor will be appointed
for the unexpired portion of the term. Tree Board members will be
limited to serving 3 consecutive terms.
C.
Compensation
Members of the Tree Board will serve without compensation.
D.
Duties
and Responsibilities
The Tree Board will serve in an advisory capacity to the City
Council. Its responsibilities include the following:
1.
Study,
investigate, develop, update, and help administer a written plan for
the care, preservation, pruning, planting, replanting, removal or
disposition of the Urban Forest. The plan will be presented to the
City Council for approval every 5 years and will constitute the official
Urban Forestry Management Plan for the City;
2.
Provide
advice to City Council on policy and regulatory issues involving trees,
including climate adaptation and mitigation efforts;
3.
Provide
outreach and education to the community on tree-related issues and
concerns;
4.
Organize
and facilitate the City's tree planting events and other public events
involving trees and Urban Forestry education;
5.
Assist
City staff in preparing recommendations regarding the application,
membership, and ongoing participation by the City in the Tree City
USA Program;
6.
Provide
leadership in planning the City's Arbor Day/Week proclamation and
celebration; and
7.
Provide
recommendations to City Council on the allocation of funds from the
Tree Fund.
|
The Tree Board, when requested by the City Council, will consider,
investigate, make findings, report, and make recommendations on any
special matter or question coming within the scope of its work.
|
E.
Operation
The Tree Board will choose its own officers, make its own rules
and regulations, and keep minutes of its proceedings. A majority of
the members will constitute a quorum necessary for the transaction
of business.
(Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
A.
Establishment
A City Tree Fund is hereby established for the collection of
any funds used for the purpose and intent set forth by this chapter.
B.
Funding
Sources
The following funding sources may be allocated to the Tree Fund:
1.
Tree
permit revenue;
2.
Payments
received in lieu of required and/or supplemental plantings;
3.
Civil
penalties collected pursuant to this chapter;
4.
Agreed-upon
restoration payments or settlements in lieu of penalties;
5.
Sale
of trees or wood from City property;
6.
Donations
and grants for tree purposes;
7.
Sale
of seedlings by the City; and
8.
Other
monies allocated by City Council.
C.
Funding
Purposes
The Tree Board will provide recommendations to the City Council
during each budget cycle for how the fund will be allocated. The City
will use the Tree Fund for the following purposes:
1.
Expanding,
maintaining, and preserving the urban forest within the City;
2.
Planting
and maintaining trees within the City;
3.
Establishing
a public tree nursery;
4.
Supporting
public education related to urban forestry;
5.
Assessing
urban forest canopy coverage; or
6.
Any
other purpose related to trees, woodland protection, and enhancement
as determined by the City Council.
(Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
A.
Species
Any tree, shrub, or other woody vegetation to be planted on
land owned or maintained by the City or within the public right-of-way
must be a species listed on the Street Tree List unless otherwise
approved by the Urban Forester.
B.
Spacing,
Size and Placement
The spacing, size, and placement of street trees, shrubs, and
other woody vegetation must be in accordance with a permit issued
by the City under this section. The City may approve special plantings
designed or approved by a landscape architect, or for ecological restoration
projects where trees are likely to be planted at a much higher density
to mimic natural conditions in forest regeneration and account for
expected mortality.
C.
Permit
No person may plant a street tree without first obtaining a
permit from the City. A permit application must be submitted in writing
or electronically on a form provided by the City. This permit is at
no cost.
(Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
The City will have the right to plant, prune, maintain and remove
trees, shrubs, and other woody vegetation on land owned or maintained
by the City and within the right-of-way as may be necessary to ensure
public safety or that poses a risk to sewers, electric power lines,
gas lines, water lines, or other public improvements, or is infested
with any injurious fungus, insect, or other pest as determined by
the Urban Forester. Unless otherwise exempted in this chapter, the
City must obtain a permit for any activities performed under this
section.
(Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
No person will top any street tree, park tree, or other tree
on public property. Trees severely damaged by storms or other causes,
or trees existing under utility wires or other obstructions where
other pruning practices are impractical, may be exempted from this
section at the determination of the Urban Forester.
(Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
Subject to enforcement under Section 12.12.010, any tree, shrub, or other woody vegetation overhanging any street or right-of-way within the City must be maintained by the owner to ensure that no vegetation obstructs the right-of-way.
(Ord. 1836 § 1, 1998; Ord. 2022 § 1, 2011; Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
The City may require the removal of any tree, shrub, or other
woody vegetation that is dead, diseased, or infested and that poses
a significant risk to the public or the urban forest as determined
by the Urban Forester. The City or its agents will notify the owners
of such trees in writing.
Removal under this section must be completed within the time period specified in the written notice unless extended in writing by the Urban Forester. The owner must notify the City in writing when the required removal has been completed. If the owner does not remove the dead, diseased, or infested vegetation within the time period specified in the notice or any extension granted in writing by the Urban Forester, the City will have the right to remove the dead, diseased, or infested vegetation and charge the cost of removal to the owner pursuant to MMC Chapter 8.04. In cases where the owner demonstrates extreme financial hardship, the City Manager may grant a cost waiver in accordance with Section 16.32.038.
(Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
All stumps of street trees must be removed by the adjacent property
owner below the surface of the ground so that the top of the stump
does not project above the surface of the ground.
(Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
No person will prevent, delay, or interfere with the Urban Forester
or designee while they are engaged in work activities, including,
but not limited to inspection of trees subject to the provisions of
this chapter, planting, cultivating, mulching, pruning, spraying,
or removing any street trees, park trees, or dead, diseased, or infested
trees on private land, as authorized in this chapter.
(Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
All businesses doing arboricultural work within the City must
have paid the Milwaukie business tax or have a current business license
with the Metropolitan Service District. A Certified Arborist must
be on site for the duration of any arboricultural work being performed
on a public tree or street tree and is responsible for certifying
that all arboricultural work is performed in accordance with ISA Best
Management Practices.
(Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
A.
Applicability
1.
No
person will perform major tree pruning or remove any tree in a public
right-of-way or on public land, without first obtaining a permit issued
by the City.
a.
For public trees, only the City, a public agency charged with maintaining
the property, or a utility may submit a permit application.
b.
For street trees, the applicant must be the owner of the adjacent
property, or be authorized in writing by the owner of the adjacent
property, where the tree will be pruned or removed.
c.
No person can remove a street tree without first obtaining a permit
from the City. Permit approval may be conditioned upon either replacement
of the street tree with a tree listed on the Street Tree List or a
requirement to pay to the City a fee as provided in the master fee
schedule.
B.
Permit
Review Process
1.
Application
A permit application must be submitted in writing or electronically
on a form provided by the City and be accompanied by the correct fee
as established in the Master Fee Schedule.
2.
Public
Notice and Permit Meeting
Upon the filing of a permit application, the applicant must
post notice of the major pruning or tree removal permit application
on the property in a location that is clearly visible from the public
right-of-way. The applicant must mark each tree, shrub, or other woody
vegetation proposed for major pruning or removal by tying or attaching
orange plastic tagging tape to the vegetation. The City will provide
the applicant with at least one sign containing adequate notice for
posting, tagging tape, and instructions for posting the notice. The
notice must state the date of posting and that a major pruning or
tree removal permit application has been filed for the vegetation
marked by orange plastic tagging tape. The notice must state that
any person may request a meeting with the City within 14 days from
the date of posting to raise questions or concerns about the proposed
pruning or tree removal prior to issuance of the permit.
If a meeting is requested, it must be held within 14 days of the request. The City will consider all concerns raised at the meeting but will have final decision-making authority over issuance of the permit based on the criteria and approval standards set forth in subsection C below.
3.
Declaration
The applicant will file a declaration on a form provided by
the City stating that notice has been posted and that the vegetation
proposed for major pruning or removal has been marked.
Once a declaration is filed with the City, the City will provide
notice of the application to the appropriate NDA.
4.
Exemptions
from Public Notice
The following trees, shrubs, or other woody vegetation may be
removed without public notice subject to the City's review of the
application:
a.
A tree, shrub, or other woody vegetation that is considered an unreasonable
risk to the occupants of the property, the adjacent property, or the
general public as determined by an ISA Certified Arborist in accordance
with current ISA Tree Risk Assessment standards.
b.
A tree, shrub, or other woody vegetation that is an invasive species
and that is less than 8 inches in diameter at breast height.
c.
A street tree or public tree that is less than 2 inches in diameter
at breast height.
C.
Review
Criteria and Approval Standards
The City may issue the permit, deny the permit, or may issue
the permit subject to conditions of approval. The City's decision
will be final and valid for a period of one year after issuance unless
a different time period is specified in the permit. Nothing prevents
an application from requesting an amendment to an unexpired permit
if the conditions and circumstances have changed.
1.
Review
Criteria
The City will not permit the major pruning or removal of a healthy,
functioning street tree or public tree without a demonstration by
the applicant that extraordinary circumstances exist. Maintenance
or the replacement of sidewalks or curbs, removal of tree litter,
or other minor inconveniences do not constitute extraordinary circumstances.
Decisions regarding major pruning or removal of healthy, functioning
street trees or public trees are factspecific and are made on a case-by-case
basis by the Urban Forester. In determining whether extraordinary
circumstances exist that warrant the major pruning or removal of a
healthy tree, the Urban Forester will consider:
a.
Whether the species of tree is appropriate for its location,
b.
Whether the species of tree is an invasive species;
c.
Whether the crown, stem, or root growth has developed in a manner
that would prevent continued healthy growth or is negatively impacting
other trees;
d.
Whether maintenance of the tree creates an unreasonable burden for
the property owner; and
e.
Whether the major pruning or removal will have a negative impact
on the neighborhood streetscape and any adopted historic or other
applicable design guidelines.
2.
Approval
Standards
A permit will be issued only if the following criteria are met
as determined by the Urban Forester:
a.
The proposed major pruning or tree removal will be performed according
to current ISA Best Management Practices and an ISA Certified Arborist
will be on site for the duration of the tree work.
b.
The tree, shrub, or other woody vegetation proposed for major pruning
or removal meets one or more of the following criteria:
(1)
The tree, shrub, or other woody vegetation is dead or dying and cannot
be saved as determined by an ISA Certified Arborist in accordance
with ISA standards.
(2)
The tree, shrub, or other woody vegetation is having an adverse effect
on adjacent infrastructure that cannot be mitigated by pruning, reasonable
alternative construction techniques, or accepted arboricultural practices.
(3)
The tree, shrub, or other woody vegetation has sustained physical
damage that will cause the vegetation to die or enter an advanced
state of decline. The City may require additional documentation from
an ISA Certified Arborist to demonstrate that this criterion is met.
(4)
The tree, shrub, or other woody vegetation poses an unreasonable
risk to the occupants of the property, the adjacent property, or the
general public, as determined by an ISA Certified Arborist in accordance
with current ISA Tree Risk Assessment standards.
(5)
Major pruning or removal of the tree, shrub, or other woody vegetation
is necessary to accommodate improvements in the right-of-way or on
City-owned land, and it is not practicable to modify the proposed
improvements to avoid major pruning or removal.
(6)
The tree, shrub, or other woody vegetation is on the Oregon State
Noxious Weed List.
(7)
The tree, shrub, or other woody vegetation is part of a stormwater
management system and has grown too large to remain an effective part
of the system.
c.
Any approval for the removal of a healthy tree, shrub, or other woody
vegetation must require the applicant to pay a fee as established
in the Master Fee Schedule.
D.
Performance
of Permitted Work
All work performed pursuant to a permit issued by the Urban
Forester must be completed within the time period specified in the
permit unless a different time period is authorized in writing by
the Urban Forester.
E.
Replanting
The City will require replanting as a condition of permit approval
for the major pruning or removal of a street tree or public tree.
1.
The
replanted tree must be a species included on the Street Tree List
unless otherwise approved by the Urban Forester.
2.
The
City will consider alternative planting locations for street trees
when replanting at the location of removal conflicts with surrounding
infrastructure and the interference would impair the replanted tree.
a.
For street trees, replanted trees must be planted within the right-of-way
fronting the property for which the permit was issued or, subject
to the approval of the Urban Forester and with permission in writing
from the adjacent property owner, within the right-of-way fronting
the adjacent property.
b.
In lieu of replanting and subject to approval of the Urban Forester,
the City can require the owner to pay a fee as established in the
Master Fee Schedule.
c.
For public trees, replanted trees must be planted on the land from
which the tree was removed unless a different location is approved
by the Urban Forester.
3.
The
optimal time of year for planting is from September through April.
If planting is necessary in other months, the City may condition permit
approval to require extra measures to ensure survival of the newly
planted tree.
(Ord. 1836 § 1, 1998; Ord. 2022 § 1, 2011; Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
Programmatic permits may be issued by the Urban Forester for
routine public facility or utility operation, planned repair and replacement,
and on-going maintenance programs on public properties and rights-of-way.
The purpose of a programmatic permit is to eliminate the need for
individual permits for tree removal, pruning, or for ongoing activities
that cover a wide geographic area and may include the pruning or removal
of numerous public and street trees. Programmatic permits are evaluated
to prevent cumulative adverse impacts to the urban forest and ensure
that any permitted activities meet the goals and objectives of the
Urban Forest Management Plan.
A.
Application
Requirements
Applications for programmatic permits must be submitted in writing
or electronically on forms provided by the City and be accompanied
by the correct fee.
B.
Applicability
Programmatic permits may only be issued to a public agency or
a utility as defined in this chapter.
C.
Completeness
1.
If
the Urban Forester determines an application is incomplete, the Urban
Forester will provide written notice to the applicant that describes
the additional information needed.
2.
The
applicant must submit the additional information within 30 days from
the date of the notice unless extended in writing by the Urban Forester.
3.
If
the applicant does not furnish the additional information within 30
days from the date of the notice or any extension granted in writing
by the Urban Forester, the application will be denied.
D.
Notice
of Complete Application
When the Urban Forester determines that the application is complete,
the Urban Forester must provide written notice that the application
is complete to the applicant and the Tree Board. The notice must provide
instructions for how to obtain additional information about the application,
comment on the application, and request notification of the Urban
Forester's decision.
E.
Review
Criteria
The Urban Forester may approve a programmatic permit upon a
determination that the following criteria are satisfied or will be
satisfied with conditions:
1.
The proposed activity will result in a net gain to the urban forest functions and benefits described in the purpose statement in Section 16.32.005 considering the applicant's proposed performance measures, proposed tree planting, and other activities proposed to improve the overall health of the urban forest.
2.
The
applicant's proposed outreach and notification program provides adequate
notice to residents, businesses, and the City prior to performing
work authorized under the programmatic permit.
F.
Decision
The Urban Forester must issue the permit, deny the permit, or
may issue the permit subject to conditions of approval within 120
days of determining the application is complete. The Urban Forester's
decision will be final and, if approved, the permit will be valid
for a period of up to 2 years. Nothing prevents an applicant from
requesting an amendment to an unexpired permit if the conditions and
circumstances have changed. The Urban Forester's decision will be
based on an evaluation of the application against the applicable review
criteria in Subsection 16.32.028.E.
G.
Permit
Approved permits must include the following required information.
The Urban Forester may modify the permit at any time to respond to
any questions, changes in regulations, or previously unforeseen issues,
provided the applicant is notified in writing.
1.
Duration
The Urban Forester may approve a programmatic permit for a period
of up to 2 years;
2.
Geographic
area covered by the permit;
3.
Permitted
activities and any restrictions on the method, number, type, location,
or timing of activities;
4.
Procedures
and thresholds for providing notice to residents, businesses, and
the City impacted by the performance of work under the permit;
5.
Monitoring,
Performance Tracking, and Reporting Requirements
The Urban Forester may prescribe rules or procedures that specify
the manner in which such tracking and reporting occur; and
6.
Traffic
control requirements.
7.
Annual
Report
On the anniversary of permit issuance, the applicant must submit
an annual report on a form supplied by the City detailing any work
performed under the permit and any work scheduled to be performed.
8.
Tree
Size Limits
a.
The programmatic permit will not allow the removal of trees 6 or
more inches in diameter at breast height, except as provided in this
section.
b.
If an applicant requests removal of a healthy tree 6 or more inches in diameter at breast height at time of application or during the period in which the programmatic permit is in effect, an opportunity for public comment will be provided in accordance with Subsection 16.32.026B.2.
c.
For any request, the Urban Forester may further limit allowed tree
removal in order to meet the review criteria in Subsection 16.32.028.E.
9.
Tree
Work
All work performed under a programmatic permit must be performed
in accordance with ISA arboricultural practices.
H.
Revocation
The Urban Forester may revoke a programmatic permit upon a determination
that the applicant is not adhering to the terms of the permit or is
acting beyond the activities authorized by permit.
(Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
A.
Hazardous
Tree
If a tree on public properties and rights-of-way is determined
to be a hazardous tree by the Urban Forester, the City may issue an
emergency removal permit. The removal must be in accordance with ISA
best management practices, and be undertaken with the minimum necessary
disturbance to eliminate the imminent danger.
B.
Maintenance
A permit for trees on public properties and rights-of-way is
not required for regular maintenance or minor tree pruning that does
not require removal of over 20% of the crown, tree topping, or disturbance
of more than 10% of the root system during any 12-month period.
C.
Public
Infrastructure Improvements
Any tree on land owned or maintained by the City and requires
removal or pruning to accommodate a city public infrastructure improvement
project will require a permit and must meet replanting requirements
imposed by this chapter. If it is demonstrated that tree planting,
establishment, and tree care-related project costs exceed the tree
removal fee costs, the permit will not be subject to a removal fee.
D.
Private
Utility Services and Dwelling Units
If the Urban Forester determines that a tree, shrub, or other
woody vegetation proposed for removal on public properties and rights-of-way
has an adverse effect on adjacent private utility services or threatens
the structural integrity of a dwelling unit that cannot be mitigated
by pruning, reasonable alternative construction techniques, or accepted
arboricultural practices, the permit will not be subject to a removal
fee.
(Ord. 1836 § 1, 1998; Ord. 2022 § 1, 2011; Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
To the extent that City funds are available, the City Manager
may grant a property owner an exemption or a reduction in permit fees,
removal fees, replanting fees and/or may provide assistance in removing
a dead or diseased tree within the right of way and residential zones.
Eligibility and extent of assistance will be based on a percentage
of the property owner's median household income for the Portland-Vancouver-Hillsboro,
ORWA Metropolitan Statistical Area. A schedule of different fee reductions
and exemptions will be determined by the City Manager.
(Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
A person who removes a street tree or public tree without first
obtaining the necessary permit from the City, removes a tree in violation
of an approved permit, or violates a condition of an approved permit
must pay a fine in an amount established in the Master Fee Schedule.
(Ord. 2022 § 1, 2011; Ord. 2116 § 1, 2016; Ord. 2141 § 1, 2017; Ord. 2197 § 1, 2020; Ord. 2216 § 2, 2022)
A.
Applicability
The tree preservation and planting standards in this subsection
apply to the following types of development in residential zones:
1.
Land
divisions.
2.
Construction
of a new residential dwelling unit that results in an increase of
building foot-print.
3.
Construction
of a new residential dwelling unit that does not result in an increase
of building footprint. For applications meeting this criteria, only
Subsections 16.32.042.F, 16.32.042.H and 16.32.042.J will apply.
B.
Clear
and Objective Tree Preservation Standards
Trees are required to be preserved except when their removal
is required for construction, demolition, grading, utilities, and
other development impacts. Not more than 25% of on-site existing tree
canopy may be removed below the overall 40% site canopy coverage standard
unless mitigation is provided according to Subsection 16.32.042.D.
Tree species on the Oregon Noxious Weed List or Milwaukie Invasive
Tree List are not to be included in the total canopy coverage calculations.
Public right-of-way is not considered part of the development site
for the purposes of these calculations.
Trees listed on the City of Milwaukie Rare or Threatened Tree
List must be prioritized for preservation and will incur an additional
fee if removed as listed on the Master Fee Schedule. When the trunk
of a tree crosses a property line at ground level it is considered
an on-site tree for the purposes of these tree preservation standards.
Healthy trees with DBH of 12 inches or greater may receive additional
canopy credits for existing tree crown area to be factored into preservation
calculations as defined in the Master Fee Schedule.
C.
Clear
and Objective Tree Planting Standards
40% canopy coverage is the standard site canopy coverage for
residential developed lots. In addition to the preservation of on-site
trees, at least 40% tree canopy is required for a development site
from existing trees or new tree plantings unless mitigation is provided
according to Subsection 16.32.042.D. Public right-of-way will be considered
off-site for the purpose of these planting standard calculations.
Tree species on the Oregon Noxious Weed List or Milwaukie Invasive
Tree List are not to be included in the total canopy coverage calculations.
The following is eligible for credit towards tree canopy requirements
when planted or preserved in accordance with City of Milwaukie standards:
|
Table 16.32.042.C.1
Tree Planting Standards
| ||
|---|---|---|
|
Tree Location
|
Existing Trees
|
Newly Planted Trees
|
|
On-Site Trees
(Trees located within the tax lot)
|
100% of the existing or future mature crown area, whichever
is greater
*Significant tree credit for large DBH trees –
see Master Fee Schedule*
|
75% of the future mature crown area
|
|
Off-Site Trees
(Street tees within the adjacent ROW)
|
50% of the existing or future mature crown area, whichever is
greater
|
50% of the future mature crown area
|
1.
75%
of the mature crown area of planted on-site trees.
2.
50%
of the mature crown area of planted street trees in the public right-of-way
directly abutting the development site.
3.
100%
of the existing crown area or mature crown area of on-site trees that
are preserved, whichever is greater. In cases where a portion of the
crown area of on-site trees extends off site, the entire crown area
is eligible for credit towards the tree canopy requirements. In cases
where a portion of the crown area of off-site trees extends on site,
the crown area is not eligible for credit towards the tree canopy
requirements. Healthy trees with DBH of 12 inches or greater may receive
additional canopy credits for existing or future mature crown area
to be factored into preservation calculations as defined in the Master
Fee Schedule.
4.
50%
of the existing crown area of street trees that are preserved in the
public right-of-way directly abutting the development site.
|
When the trunk of a tree crosses a property line at ground level
it is considered an on-site tree except when the trunk crosses a public
right-of-way line at ground level, it is considered a street tree
for the purposes of these tree planting standards.
|
D.
Mitigation
Standards
If the tree preservation and/or tree planting standards are
not met, mitigation fees must be provided to the Tree Fund as follows:
1.
The
fee in lieu of preservation standard in the Master Fee Schedule based
on the percentage of removed canopy coverage below the minimum tree
canopy preservation standard as defined in Subsection 16.32.042.B.
2.
The
fee in lieu of planting standard in the Master Fee Schedule based
on the square footage of tree crown area that would be required to
meet the 40% tree planting standard.
E.
Variance
Procedure
1.
An applicant may apply for a variance to the tree preservation and/or tree planting standards. An application for a variance will be heard and decided by the Planning Commission in accordance with the provisions of Section 19.1006 (Type III review) according to Section 19.911. The applicant is required to demonstrate that equivalent or greater environmental benefits are provided as preserving or planting the required tree crown area. Examples of activities that may justify a variance include, but are not limited to:
a.
Use of techniques that minimize hydrological impacts beyond regulatory
requirements (examples include porous pavement, green roofs, infiltration
planters/rain gardens, flow through planters, LIDA (low impact development
approach) swales, vegetated filter strips, vegetated swales, extended
dry basins, and constructed water quality wetlands).
b.
Use of techniques that minimize reliance on fossil fuels and production of greenhouse gases beyond regulatory requirements through the use of energy efficient building technologies, on-site energy production technologies, and green buildings standards (Section 19.510).
c.
Use of techniques that preserve and enhance wildlife habitat beyond
regulatory requirements, including, but not limited to, the use of
native plant species in landscape design, removal of invasive plant
species, and restoration of native habitat and preservation of habitat
through the use of conservation easements or other protective instruments.
d.
Use of techniques that preserve open space for sustainable urban
agriculture through the use of conservation easements or other protective
instruments at sites that are not compatible with tree canopy preservation
or planting.
F.
Tree
Protection Standards
Trees to be retained must be protected from development impacts
according to the standards in this subsection to be eligible for tree
preservation and tree canopy credit. For applications meeting criteria
as outlined in Subsections 16.32.042.A.1 and 16.32.042.A.2, a tree
protection plan prepared by an ISA certified arborist that demonstrates
adequate protection of the trees to be preserved as approved by the
Urban Forester is required. Tree protection methods and specifications
must be consistent with ISA best management practices using either
the following prescriptive path or performance path tree protection
methods:
1.
Prescriptive
Path for Tree Protection.
a.
Establish a root protection zone:
(1)
For on-site trees and off-site trees with root protection zones that
extend into the site – a minimum of one-foot radius (measured
horizontally away from the center of the tree trunk) for each inch
of trunk diameter at breast height. Root protection zones for off-site
trees may be estimated.
(2)
For street trees – the Urban Forester may prescribe greater
or lesser protection than required for on-site and off-site trees.
(3)
Existing encroachments into the root protection zone, including structures,
paved surfaces and utilities, may remain. New encroachments into the
root protection zone are allowed provided:
(a)
The area of all new encroachments is less than 25% of the remaining
root protection zone area when existing encroachments are subtracted;
and
(b)
No new encroachment is closer than 1/2 the required radius distance
from the trunk (see Figure 16.32.042.F).
|
Figure 16.32.042.F Example of Permissible RPZ Encroachments
 |
b.
Protection fencing:
(1)
Protection fencing consisting of a minimum 4-foot high metal chain
link or no-climb horse fence, secured with 6-foot metal posts must
be established at the edge of the root protection zone and permissible
encroachment area on the development site. Existing structures and/or
existing secured fencing at least 3.5 feet tall can serve as the required
protective fencing.
(2)
When a root protection zone extends beyond the development site,
protection fencing is not required to extend beyond the development
site. Existing structures and/or existing secured fencing at least
3.5 feet tall can serve as the required protective fencing.
c.
Signage designating the protection zone and penalties for violations
must be secured in a prominent location on each protection fence.
d.
Installation of landscaping is not an encroachment. Any in-ground
irrigation systems are considered encroachments.
e.
The following is prohibited within the root protection zone of each
tree: ground disturbance or construction activity including vehicle
or equipment access (but excluding access on existing streets or driveways),
storage of equipment or materials including soil, temporary or permanent
stockpiling, proposed buildings, impervious surfaces, underground
utilities, excavation or fill, trenching or other work activities.
f.
The fence is required to be installed before any ground disturbing
activities or construction begins, including clearing and grading,
and will remain in place until final inspection.
2.
Performance
Path for Tree Protection
When the prescriptive path cannot be met for on-site trees as
determined by the Urban Forester, the applicant may propose alternative
measures to modify the prescriptive root protection zone, provided
the following standards are met:
a.
The alternative root protection zone plan is prepared by an ISA certified
arborist who has examined the specific tree's size, location, and
extent of root cover, evaluated the tree's tolerance to construction
impacts based on its species and health, and identified any past impacts
that have occurred within the root zone.
b.
The arborist has prepared a plan providing the rationale used to
demonstrate that the alternate method provides an adequate level of
protection based on the findings from the site visit.
c.
The protection zone is marked with signage, stating that penalties
will apply for violations, and providing contact information for the
arborist.
d.
If the alternative tree protection method involves alternative construction
techniques, an explanation of the techniques and materials used must
be provided by the arborist.
e.
Variances for the Tree Protection standard for off-site trees are
prohibited.
G.
Soil
Volume Standards
Trees to be planted must be provided access to at least 1,000
cubic feet of soil volume according to the standards in this subsection
to be eligible for tree canopy credit. A soil volume plan by an ISA
certified arborist is required that demonstrates 1,000 cubic feet
of soil volume is available per tree as determined by the Urban Forester
or designee. Soil volume methods and specifications must be consistent
with ISA best management practices using either the prescriptive path
or performance path soil volume methods. The project arborist must
verify with the Urban Forester in writing that the soil volume plan
has been successfully implemented prior to tree planting.
1.
Prescriptive
Path for Soil Volume
a.
If the existing soils at the site and abutting sites are determined
by the project arborist or Urban Forester to be adequate to support
healthy tree growth to maturity based on factors, including, but not
limited to, compaction levels, drainage, fertility, pH, and potential
contaminants, the existing soils may be used to meet the soil volume
requirements.
b.
The assumed soil depth will be 3 feet unless otherwise determined
by the project arborist or Urban Forester.
c.
A soil volume area of at least 333 square feet must be accessible
to each tree when the assumed soil volume depth is 3 feet.
d.
The soil volume areas must be continuous and within a 50-foot radius
of the tree to be planted. Continuous soil volumes must be at least
3 feet wide for the entire area.
e.
Trees may share the same soil volume area provided that all spacing
requirements are met.
f.
Soil volume areas must be protected from construction impacts through
any combination of the following methods:
(1)
Protection fencing:
(a)
Fencing consisting of a minimum 4-foot high metal chain link
or no-climb horse fence, secured with 6-foot metal posts established
at the edge of the soil volume area on the development site. Existing
secured fencing at least 3.5 feet tall can serve as the required protective
fencing.
(b)
When a soil volume area extends beyond the development site,
protection fencing is not required to extend beyond the development
site. Existing secured fencing at least 3.5 feet tall can serve as
the required protective fencing.
(c)
Signage designating the protection zone and penalties for violations
must be secured in a prominent location on each protection fence.
(2)
Compaction prevention options for encroachment into soil volume areas:
g.
Soil contaminants are prohibited from the soil volume areas.
2.
Performance
Path for Soil Volume
a.
If the existing soils at the site and abutting sites are determined
by the Urban Forester to be inadequate to support healthy tree growth
to maturity based on factors such as compaction levels, drainage,
fertility, pH, and potential contamination prior to or resulting from
development, a performance path soil volume plan is required.
b.
Soils in areas of construction access that do not receive compaction
prevention treatment and soils in areas of grading, paving, and construction
are considered inadequate for tree growth unless a performance path
soil volume plan is provided.
c.
The performance path soil volume plan is required to demonstrate
the methods that will be used to provide at least 1,000 cubic feet
of soil volume with the capacity to support healthy growth to maturity
per tree to be planted.
d.
The soil volume areas must be continuous and within a 50-foot radius
of the tree to be planted. Continuous soil volumes must be at least
3 feet wide for the entire area.
e.
Trees may share the same soil volume area provided that all spacing
requirements are met.
f.
The following items may be addressed in performance path soil volume
plans but are dependent on specific site conditions and should be
submitted by the applicant on a project basis in coordination with
other professionals such as civil and geotechnical engineers, landscape
architects, and soil scientists as needed:
H.
Submittal
Requirements
For applications for construction of a new residential dwelling
unit that does not result in an expansion of building footprint (Subsection
16.32.042.A.3), applicants must demonstrate compliance with the applicable
provisions of Subsection 16.32.042.F by submitting a report including
elements outlined in Subsection 16.32.042.H.2. For applications for
land subdivision (Subsection 16.32.042.A.1) or construction of a new
residential dwelling unit that results in an expansion of the building
footprint (Subsection 16.32.042.A.2) an ISA certified arborist that
is also tree risk assessment qualified (TRAQ) must demonstrate compliance
with the applicable provisions of Subsections 16.32.042.B through
16.32.042.G. Other professionals such as engineers, landscape architects,
soil scientists, and surveyors may assist the project arborist as
needed in preparing the required information, but the arborist must
organize, review, and approve the final product. The minimum submittal
requirements include an inventory of existing trees, tree preservation
plan, tree canopy plan, and arborist report with the following elements:
1.
Tree
Inventory Requirements
a.
Survey the locations of all trees at least 6-inch DBH, all trees
at least 2-inch DBH that are listed on the Oregon Noxious Weed List
or Milwaukie Invasive Tree List, and trees less than 6-inch DBH as
specified on the City of Milwaukie Rare or Threatened Tree List. Trees
that must be surveyed include those that are on site, within abutting
public rights-of-way, and on abutting sites with root protection zones
that extend into the site. The locations and information for trees
on abutting sites may be estimated.
b.
Number each tree for identification at the site and on the plans.
c.
Identify the common name and scientific name of each tree.
d.
Measure the DBH of each tree in inches according to accepted ISA
standards.
e.
Measure the approximate average crown radius of each tree in feet.
f.
Provide the crown area of each tree using the formula: (crown radius)2 x π.
g.
Assess the health condition of each tree using the following categories:
h.
Identify whether the tree is on the Milwaukie Rare or Threatened
Tree List.
i.
Identify whether the tree is proposed for removal or retained.
j.
Organize the tree inventory information in a table or other format
approved in writing by the Urban Forester.
2.
Tree
Preservation Plan Requirements
a.
Provide a site plan drawn to scale.
b.
Include the existing tree locations and corresponding tree numbers
from the tree inventory.
c.
Identify rare or threatened trees as described in the City of Milwaukie
Rare or Threatened Tree List.
d.
Identify the following site disturbances:
(1)
Demolition
(2)
Tree removal
(3)
Staging, storage, and construction access
(4)
Grading and filling
(5)
Paving
(6)
Construction of structures, foundations, and walls
(7)
Utility construction
(8)
Trenching and boring
(9)
Excavation
(10)
Any other demolition or construction activities that could result
in ground disturbances and/or tree damage.
e.
Locate tree and soil protection fencing to scale.
f.
Locate soil compaction prevention methods to scale.
g.
Identify performance path tree protection and soil volume areas.
h.
Include tree and soil volume protection specifications from the arborist
report on the plans including a detail and description of tree and
soil volume protection fencing and signage.
i.
The elements of the tree preservation plan may be included on multiple
plan sheets for clarity.
j.
The final approved set of construction drawings must include the
tree preservation plan to ensure contractors, inspectors, and other
professionals have access to the information.
3.
Tree
Planting Plan
a.
Provide a site plan drawn to scale.
b.
Include the existing trees to be retained and their crown areas to
scale.
c.
Include the trees to be planted and their mature crown areas to scale
based on the City of Milwaukie Tree Canopy List.
d.
Identify the soil volume areas for each tree to be planted to scale.
f.
Include a diagram depicting the tree planting that is consistent
with ISA best management practices.
g.
The minimum size of planted trees is 1.5-inch caliper for broadleaf
trees and 5-foot tall for conifers unless otherwise approved by the
Urban Forester. Nursery stock must be in good health with the size
and quality consistent with ISA best management practices and ANSI
Z60.1 standards.
h.
The species selection and spacing of trees to be planted must be
such that it provides for the eventual mature size of the trees. Soil
type, soil conditions and other site constraints shall be considered
when selecting species for planting. Final site plans must be approved
by the Urban Forester.
i.
Root barriers must be installed according to the manufacturer's specifications
when a tree is planted within 5 feet of pavement or an underground
utility box unless otherwise approved by the Urban Forester.
j.
Where there are overhead high voltage utility lines, the tree species
selected must be of a type that, at full maturity, will not require
pruning to avoid interference with the lines.
l.
The elements of the tree canopy plan may be included
on multiple plan sheets for clarity.
m.
The final approved set of construction drawings must include the
tree canopy plan to ensure contractors, inspectors, and other professionals
have access to the information.
4.
Arborist
Report
a.
Provide a written narrative that summarizes the information from
the tree inventory, tree preservation plan, and tree canopy plan.
b.
Provide findings and calculations that demonstrate whether the tree
preservation standards in Subsection 16.32.042.B have been met.
c.
Provide findings and calculations that demonstrate whether the tree
planting standards in Subsection 16.32.042.C have been met.
d.
If the tree preservation and/or tree planting standards have not
been met, provide calculations for the applicable tree mitigation
fees as required by Subsection 16.32.042.D.
e.
If the applicant is seeking a variance to the tree preservation and/or
tree planting standards in place of providing mitigation fees, provide
findings that demonstrate the proposal provides equivalent or greater
environmental benefits as preserving or planting the required tree
canopy consistent as required by Subsection 16.32.042.E.
f.
Provide findings that demonstrate compliance with the tree protection
standards in Subsection 16.32.042.F.
g.
Provide findings that demonstrate compliance with the soil volume
standards in Subsection 16.32.042.G.
I.
Non-Development
Tree Permit Requirements
1.
Applicability
A permit is required prior to the removal of the following trees
in residential zones on property that is outside the right-of-way
and not owned or maintained by the City:
a.
Trees that are at least 6-inch DBH.
b.
Trees that are less than 6-inch DBH as specified on the City of Milwaukie
Rare or Threatened Tree List.
c.
Trees that were planted to meet any requirements in Section 16.32.042.
|
Permits are not required in residential zones when tree removal
is approved with development listed in Subsection 16.32.042.A. Permits
are also not required in residential zones for the removal of trees
that are grown for commercial agricultural or horticultural purposes
including fruit trees, nut trees, or holiday trees.
|
2.
Type
1 Tree Removal Permit
The following approval standards will be applied to type 1 tree
removal permits by the Urban Forester:
a.
Approval Standards
A type 1 permit will be issued only if the following criteria
are met as determined by the Urban Forester:
(1)
The proposed tree removal will be performed according to current
ISA Best Management Practices.
(2)
The tree proposed for removal meets one or more of the following
criteria:
(a)
The tree is dead or dying and cannot be saved as determined
by an ISA Certified Arborist in accordance with ISA standards.
(b)
The tree is having an adverse effect on adjacent infrastructure
or buildings that cannot be mitigated by pruning, reasonable alternative
construction techniques, or accepted arboricultural practices.
(c)
The tree has sustained physical damage that will cause it to
die or enter an advanced state of decline. The City may require additional
documentation from an ISA Certified Arborist to demonstrate that this
criterion is met.
(d)
The tree poses an unreasonable risk to the occupants of the
property, the adjacent property, or the general public, as determined
by an ISA Certified Arborist in accordance with current ISA tree risk
assessment standards.
(e)
The tree is on the Oregon State Noxious Weed List or the Milwaukie
Invasive Tree List.
(f)
The tree is part of a stormwater management system and has grown
too large to remain an effective part of the system.
(g)
The tree location conflicts with areas of public street widening,
construction or extension as shown in the Transportation System Plan
and there is no practicable alternative to removing the tree.
(h)
Tree removal is required for the purposes of a building or land
use permit, utility or infrastructure installation or utility or infrastructure
repair and there is no practicable alternative to removing the tree.
(i)
The tree is recommended for removal by a designated fire marshal
for Clackamas County because it presents a significant fire risk to
habitable structures or limits emergency access for rescue workers,
and the risk or access issue cannot be abated through pruning or other
means that results in tree retention.
(j)
An ISA certified arborist determines that thinning of interior
trees within a stand of trees is necessary for overall stand health,
the thinning will result in no less than 80% canopy cover at maturity
for the area to be thinned, and that thinning of non-native trees
is maximized prior to thinning of native trees.
(k)
Healthy trees.
One healthy tree may be removed per tax lot per 12-month period
if the tree meets the following:
(3)
Unless removed for thinning purposes (Subsection 16.32.042.I.2.a.j)
or invasive species status (Subsection 16.32.042.I.2.a.e) the Urban
Forester will condition the removal of each tree upon the planting
of a replacement tree as follows:
(a)
The minimum size of replacement trees is 1.5-inch caliper for
broadleaf trees and 5-foot tall for conifers unless otherwise approved
by the Urban Forester. Nursery stock must be in good health with the
size and quality consistent with ISA best management practices and
ANSI Z60.1 standards.
(b)
Replacement trees must be planted in a manner consistent with
ISA best management practices.
(c)
The replacement tree must substantively replace the function
and values of the tree that was removed wherever practicable. For
example, a long-lived evergreen native tree that abuts a Natural Resources
Overlay Zone must be replaced with a long-lived evergreen native tree
that abuts a Natural Resources Overlay Zone.
(d)
If planting a replacement tree is not practicable, the Urban
Forester may allow a tree replacement fee in lieu according to the
Master Fee Schedule based on the cost of planting and maintaining
a replacement tree for 3 years.
3.
Type
2 Tree Removal Permit
A type 2 tree removal permit may be approved by the Urban Forester
if the type 1 tree removal approval standards cannot be met. The type
2 process is more discretionary than the type 1 process and may consider
a range of options for approving, approving with conditions, or denying
a tree removal permit application.
a.
Review Criteria
The City encourages retention of healthy private trees where
practical alternatives to removal exist, and where those alternatives
meet the owner's objectives for reasonable use and enjoyment of the
property. Factors are considered to ensure that significant adverse
impacts are avoided or mitigated, weighing the broader economic, ecological,
and community concerns. These decisions are fact-specific and are
made on a case-by-case basis. The City will not issue a type 2 permit
for the removal of a healthy, functioning tree without a demonstration
by the applicant that extraordinary circumstances exist. Maintenance
or the replacement of pavement, removal of tree litter, or other minor
inconveniences do not constitute extraordinary circumstances. Decisions
regarding removal of healthy, functioning trees are fact-specific
and are made on a case-by-case basis by the Urban Forester. In determining
whether extraordinary circumstances exist that warrant the major pruning
or removal of a healthy tree, the Urban Forester will consider:
(1)
Whether the species of tree is appropriate for its location;
(2)
Whether the species of tree is an invasive species;
(3)
Whether the crown, stem, or root growth has developed in a manner
that would prevent continued healthy growth or is negatively impacting
other trees;
(4)
Whether maintenance of the tree creates an unreasonable burden for
the property owner; and
(5)
Whether the removal will significantly affect public safety or neighborhood
character based on the following:
(a)
The age, size, form, species, general condition, pruning history
and any unique qualities or attributes of the trees;
(b)
The cumulative impacts of current and prior tree removals in
the area; and
(c)
When the tree is associated with a grove, whether removal of
the tree will have a significant adverse impact on the viability of
other trees or make other trees considerably more vulnerable to windthrow.
b.
Approval Standards
The Urban Forester will at a minimum condition the removal of
tree based on Subsection 16.32.042.I.2.a.3 and the Urban Forester
will condition the removal of each tree upon the planting of additional
replacement tree(s) as outlined in Table 16.32.042.I.3.b:
|
Table 16.32.042.I.3.b
Type 2 Permit Replacement Tree Requirements
| ||
|---|---|---|
|
Diameter at Breast Height of Tree Removed
|
Number of Additional Replacement Trees Required:
|
Total Replacement Trees Required for Type 2 Permit
|
|
6″ DBH to <12″ DBH
|
—
|
1 tree
|
|
12″ DBH to <24″ DBH
|
1 tree
|
2 trees
|
|
24″ DBH to <36″ DBH
|
2 trees
|
3 trees
|
|
36″ DBH or greater
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3 trees
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4 trees
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4.
Applications
An application for a tree removal permit must be made upon forms
prescribed by the City and contain the following:
a.
Photograph(s) that clearly identify the tree(s) proposed for removal.
b.
The number, DBH, species, and location of the trees proposed to be
cut on a site plan of the property drawn to scale.
c.
Information as to whether the tree is within a Habitat Conservation
Area overlay district or is part of an approved landscape or mitigation
plan.
d.
Any additional information required by the City.
e.
An application for a tree cutting permit must be accompanied by the
correct fee as established in the Master Fee Schedule.
5.
Application
Procedures Type 1 Tree Removal Permit
Type 1 permits are technical determinations regarding the facts
of a particular request, and applications of city standards to ensure
that work is performed in accordance with best management practices
to protect trees, the public, or public infrastructure, and to ensure
appropriate tree replacement. Type 1 permits are reviewed administratively
by the Urban Forester without public notice, and the decision may
be appealed to the City Manager by the applicant.
a.
Application Procedures Type 1 Tree Removal Permit
(1)
Applications for a type 1 tree removal permit must meet the requirements
of Subsection 16.32.042.I.4.
(2)
Additional information required.
(a)
If the Urban Forester requires additional information to review
an application, the Urban Forester will send a notice to the applicant
requesting the additional information.
(b)
The applicant will have a maximum of 30 days from the date of
the Urban Forester's notice to submit the additional information.
(c)
If the additional information is not received by the Urban Forester
within 30 days from the date of the Urban Forester's notice, the application
will be voided on the 31st day. The City will not refund the filing
fee.
b.
Decision by the Urban Forester
(1)
The Urban Forester's decision will be based on an evaluation of the
facts and applicable standards and review criteria in Subsection 16.32.042.I.2.a.
(2)
The Urban Forester may issue the permit, deny the permit, or may
apply conditions of approval to the permit to ensure the request complies
with the applicable review criteria and standards.
(3)
Any work done under a permit must be performed in strict accordance
with the terms and provisions of this chapter and conditions of approval
of the permit.
(4)
The Urban Forester must notify the applicant of the decision in writing.
(5)
If no appeal is filed as specified in subsection 7, the decision
of the Urban Forester is final.
6.
Application
Procedures Type 2 Tree Removal Permit
Type 2 tree removal permits involve the consideration of relevant
technical and qualitative factors to prevent risks to public health
and safety and to ensure that the impacts of tree removal are mitigated
and may require public notice as set forth below. Type 2 permits are
reviewed administratively by the Urban Forester, and the decision
may be appealed to the City Manager by the applicant.
a.
Application
(1)
Generally
Applications for a Type 2 Tree Removal Permit must meet the
requirements of Subsection 16.32.042.I.4.
(2)
Additional information required:
(a)
If the Urban Forester requires additional information to review
an application, the Urban Forester will send a notice to the applicant
requesting the additional information.
(b)
The applicant will have a maximum of 30 days from the date of
the Urban Forester's notice to submit the additional information.
(c)
If the additional information is not received by the Urban Forester
within 30 days from the date of the Urban Forester's notice, the application
will be voided on the 31st day. The City will not refund the filing
fee.
(d)
Public notice is required if the tree is healthy and larger
than 12 inches in diameter at breast height.
b.
Decision by the Urban Forester
(1)
The Urban Forester's decision must be based on an evaluation of the
facts and applicable standards and review factors in Subsection 16.32.042.I.3.
(2)
The Urban Forester may issue the permit, deny the permit, or may
apply conditions of approval to the permit to ensure the request complies
with the applicable review factors and standards.
(3)
Any work done under a permit must be performed in strict accordance
with the terms and provisions of this chapter and conditions of approval
of the permit.
(4)
The Urban Forester must notify the applicant of the decision in writing.
(5)
If no appeal is filed as specified in Subsection 16.32.042.I.6.c
below, the decision of the Urban Forester is final.
c.
Appeal
The applicant may appeal the Urban Forester's decision. Appeals
must be:
(1)
Filed with the Urban Forester on forms prescribed by the City;
(2)
Filed within 14 days from the date of the Urban Forester's decision;
(3)
Specifically identify how the Urban Forester erred in applying the
standards or review criteria;
(4)
Appeals are heard by the City Manager;
(5)
The City Manager will consider the application against the applicable
standards or review criteria, taking into consideration information
provided by the applicant and City staff;
(6)
The City Manager may affirm or reverse the Urban Forester's decision
or remand the decision to the Urban Forester to determine appropriate
mitigation; and
(7)
The appeal decision of the City Manager is final and may not be appealed
to another review body within the City.
J.
Enforcement
1.
City
Authority
The City has the ultimate authority to:
a.
Interpret the provisions of this section and determine whether code
criteria have been met.
b.
Establish conditions of permit and land use approval to ensure this
section is properly implemented.
c.
Create rules and procedures as needed to implement this section.
Rules and procedures may include, but are not limited to:
(1)
City of Milwaukie tree lists.
(2)
Tree protection standards, specifications, and procedures.
(3)
Tree planting standards, specifications, and procedures.
(4)
Tree establishment and maintenance standards, specifications, and
procedures.
(5)
Performance bonding, letters of credit, and cash assurances to help
ensure proper tree protection, planting, and establishment.
(6)
Tree protection inspections and oversight.
(7)
Soil protection inspections and oversight.
(8)
Performance path tree protection standards and specifications.
(9)
Performance path soil volume standards and specifications.
(10)
Fees for permit applications, reviews, mitigation, inspections,
and violations.
2.
Penalties
The following penalties may apply to violations of the provisions
of this section:
a.
A person who removes a tree regulated by this section without first
obtaining the necessary permit from the City, removes a tree in violation
of an approved permit, or violates a condition of an approved permit
must pay a fine in an amount established in the Master Fee Schedule.
b.
Topping, pruning, or otherwise inflicting willful and negligent damage
to a tree crown or roots in a manner that is inconsistent with ISA
best management practices:
(1)
Up to the amount established in the Master Fee Schedule or up to
the appraised loss in value of the illegally topped or pruned tree
as determined by an ISA certified arborist plus the arborist's reasonable
appraisal fee.
(2)
Restoration of the tree crown, trunk, or root system as prescribed
by an ISA certified arborist and approved by the Urban Forester.
d.
Evidence of Violation
(1)
If a tree is removed without a type 1 or 2 tree removal permit, a
violation will be determined by measuring the stump. A stump that
is 8 caliper inches or more in diameter will be considered prima facie
evidence of a violation of this chapter.
(2)
Removal of the stump of a tree removed without a tree removal permit
is a violation of this chapter.
(3)
Proof of violation of this chapter will be deemed prima facie evidence
that such violation is that of the owner of the property upon which
the violation was committed.
(Ord. 2216 § 2, 2022)
