DRAFT #6
CHAPTER 12.08 Community Forest, Public, and Street Trees
Sections:
12.08.010 Purpose and Intent
12.08.011 Applicability
12.08.012 Definitions
12.08.020 Administration
12.08.030 Emergency Tree Maintenance
12.08.040 Tree Removal Permits
12.08.050 Tree Mitigation or Replacement
12.08.060 Street Trees
12.08.061 Street Tree Species Selection
12.08.062 Street Tree Care and Maintenance
12.08.063 Public Property Tree Maintenance
12.08.064 Street or Public Tree Removal
12.21.070 Hazard or Nuisance Trees and Vegetation
12.08.080 Tree Planting Requirements
12.08.090 Development Properties
12.08.100 Tree Protection During Construction
12.08.110 Damage and Injury to Public and Street Trees
12.08.120 Tree Bank, Gifts & Funding
12.08.130 Violations--Penalty
12.08.01Purpose and Intent:
Oregon City recognizes the importance of trees and woodlands for their economic value, beauty, natural heritage, character and environmental benefits. The City recognizes the role that trees have in advancing public health, safety and welfare. Therefore the City has determined that reasonable regulation of trees is in the public interest. The intent of this ordnance is to:
- Improve water quality by reducing erosion and stormwater run-off, increasing water infiltration, and lowering water temperature.
- Improve public health and safety through regeneration of oxygen and purification of the air by removal of carbon dioxide, dust and pollutants, noise reduction, reduced crime rates, summer cooling and wind speed reduction.
- Promote energy conservation and efficiency by providing summer shade and allowing winter sun.
- Identify certain trees due to history, significance, distinctiveness or contribution that may be selected for designation as Heritage Trees.
- Increase the urban forest by: 1) promoting tree planting; 2) preservation and care of existing trees; and 3) planting replacement trees following tree removals.
- Protect existing, healthy trees on developed, undeveloped, developing, and redeveloping lands.
- Provide for the replacement of trees that are necessarily removed during the development and redevelopment of lands.
- Encourage the incorporation of existing significant and heritage trees and tree stands into the overall site plan and to prevent the unnecessary removal of trees in association with site development.
- Delineate urban spaces, buffer conflicting land uses, provide habitats for wildlife, increase biodiversity, enhance community appearance, increase property values and improve retail sales.
- Recognize that single-family residences have the freedom to determine the nature of their landscape.
12.08.011 Applicability
This ordinance is written to regulate the care, planting or removal of trees grown in or overhanging public lands and public right-of-ways. It also regulates trees growing on private lands that lie within the Water Resource Overlay Zone, Steep Hill Overlay Zone and properties applying for development or annexation.
12.08.012 Definitions:
ADA – Americans with Disabilities Act
ANSI – American National Safety Institute
Appraised Tree Value – the monetary value of a tree as determined by using the protocol found in the Council of Tree and Landscape Appraisers, latest edition.
Caliper – the measurement of a trunk diameter for small trees, having a diameter of four inches or less, measured six inches above the ground level.
Certified Arborist – an individual currently certified as an arborist by the International Society of Arboriculture, American Society of Consulting Arborists, or similar professional organization.
City – City of Oregon City, Oregon
Community Forest – an area of native trees and other vegetation at least five acres in size in public ownership inside the City or urban growth area that provides significant ecological, historical or aesthetic values to the citizens of the City.
Consulting Arborist – a certified arborist with exemplary knowledge and is a registered consultant arborist with the American Society of Consulting Arborists or is an International Society of Arboriculture Board Certified Master Arborist.
DBH – Diameter at Breast Height, the diameter in inches of a tree 4.5 feet above the ground level.
Director – The Director of Community Development of the City of Oregon City or his or her designee.
Emergency - means damage to utility lines, public or private property, due to storm or acts of nature or other accidents that require immediate attention to alleviate the condition to commence and complete repairs.
Hazard Tree – any tree or tree part that poses a high risk of damage or injury to property or people by failure or fracture or by obscuring views necessary for traffic safety.
Heritage Tree – a significant tree with historical value that has been nominated, selected, and then designated by the city as a Heritage Tree.
Mitigation – the payment of fees or the implementation of practices that will compensate for the impacts of a destructive activity.
Public Trees – trees located on property designated as a public park, in a public right-of-way not defined as a street right-of-way or other city properties.
Public Right-of-Way – property owned or controlled by the City through dedication, easement, or other legal instrument; and including those platted portions of subdivisions used for the purposes of a street or alley that may or may not be approved for vehicular, bicyclist and/or pedestrian use.
Significant Structural Defects – structural tree problems including included bark on scaffold branches, girdling root system, codominant stems and bark injury greater that 25% of trunk circumference.
Significant Trees – trees 12” DBH and larger that would be desirable to save in the landscape (6” DBH for Pacific Madrone and other small or slow growing trees).
Street Trees – trees located in a street right-of-way within the City. For the purposes of this chapter, street right-of-way includes the area between the edge of pavement, edge of gravel or face of curb and the property line, depending on the circumstances.
Tree – a living free-standing woody plant with a canopy that can normally be walked under.
Tree Bank – a City budget category dedicated for tree planting or young tree care and that receives tree mitigation payments.
Tree Topping – the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
Young Trees – trees planted within the past ten years.
12.08.020 Administration
The City’s Community Development Director shall have full authority and jurisdiction to enforce this chapter and any other rules and regulations as adopted by the City Commission, regarding planting, maintenance, removal and replacement of trees and shrubs in the public right-of-way in the City. He/she shall have authority to accept applications for the issuance of permits for the planting, maintenance, and removal of trees in the public right-of-way, to ensure safety, and preserve the aesthetics of the trees and shrubs. The Director or his/her designee shall have authority to require a certified arborist inspect all work to be done under a permit issued in accordance with the terms of this chapter.
12.08.030 Emergency Tree Maintenance
Emergency tree maintenance procedures are authorized to be performed by utility companies, contractors, abutting property owners and by the City, when necessary, due to unforeseen circumstances or conditions that impose an immediate threat to utility systems, public or private property, or the welfare of persons residing or traveling near the tree in question. Only the work required to remove the immediate threat shall be performed, and shall not relieve the property owner from complying with the applicable sections of this code regarding tree replacement.
12.08.040 Tree Removal Permits:
Except for routine care and maintenance, no person shall plant, remove or otherwise disturb any street tree or any tree or shrub located within or overhanging any public right-of-way within the City without first filing an application for and procuring a permit from the City. Landscaping required via development permits shall be deemed to satisfy this section.
Permits are required for the removal of the following trees:
1. Trees growing in or overhanging the public right-of-way;
2. Trees within a Water Resource Overlay Zone;
3. Trees within a Steep Slope Overlay Zone;
4. Any Designated Heritage Tree;
5. Healthy trees in the community forest.
See the table 12.08.050-1 for mitigation requirements. Tree removal permits will be available from the City Office.
Permit Exemptions:
- Hazard trees that pose an immediate danger to life and safety as determined by the City or a certified arborist.
- Trees that are identified to be removed as part of a development permit, site planning approval or subdivision or partition approval for which the City has required tree replacement and mitigation.
- Nuisance tree species listed on the Oregon City or State nuisance plant list, as determined by the City or an arborist.
What about trees in a utility corridor?
12.08.050Tree Mitigation or Replacement:
Any street tree that is removed must be mitigated. The tree permit will list the mitigation requirements. If the street tree was declared a hazard tree or a nuisance tree by a certified arborist then the only mitigation requirement will be to plant a two-inch replacement tree. If the street tree was not a hazard tree or a nuisance tree species, table 12.08.0-1 will be used to determine the mitigation requirement. In lieu of planting a tree on that property, the permit holder may pay a fee to the City’s Tree Bank that is equivalent to the common two-inch caliper tree purchase and planting costs as established by the Tree Subcommittee. When the mitigation costs create an extreme economic burden on a property owner of a single-family residence, the property owner may petition the City for a replacement tree purchased with Tree Bank funds.
The table below lists the required number of trees to be planted for mitigation following tree removals when:
- Healthy street trees are removed or significantly damaged so the value of the tree is less than 50% of the value before the damage occurred;
- Mitigation is required for tree removal from properties requesting development or annexation as specified in section 12.08.090.
Table 12.08.050-1
Existing Tree Size / Replacement Tree Quantity(minimum 2” caliper)
7 – 12” DBH / 1
13 – 20” DBH / 3
20 – 26” DBH / 5
27 – 35” DBH / 9
36 – 48” DBH / 15
48” + DBH / 19
12.08.060 Street Tree Planting Requirements
All new construction or major redevelopment shall provide street trees adjacent to all street frontages. If a setback sidewalk has already been constructed or the engineering manager determines that the forthcoming street design shall include a setback sidewalk, then all street trees shall be installed with a planting strip. If existing street design includes a curbside sidewalk, then all street trees shall be placed within the front yard setback, exclusive of any utility easement.
A. Tree spacing will vary by the mature tree canopy width. One large growing tree will be planted for every thirty-five feet of property frontage, one medium growing tree will be planted for every thirty feet of property frontage and one small growing tree will be planted for every twenty-five feet of property frontage. The tree spacing shall be evenly distributed throughout the total development frontage. The Community Development Director may approve an alternative street tree plan if site conditions or other constraints prevent meeting the above placement of street trees.
B. The following dimensional standards shall be maintained when planting trees:
- Fifteen feet from streetlights;
- Five feet from fire hydrants;
- Twenty feet from intersections;
- A mature height that is a minimum of five feet below electrical distribution lines.
C. All trees shall be a minimum of two inches in caliper at six inches above the root crown and installed to current city specifications.
D. All trees shall be pruned to a canopy height that provides adequate clearance for street cleaning equipment and ensures ADA-compliant clearance for pedestrians. (Ord. 03-1014, Att. B3 (part), 2003: Ord. 01-1010 (part), 2001)
E. All street trees will be warranted to:
- Meet the American Nursery Standard for Nursery stock as specified in the most recent edition of ANSI Z60.
- Be living with a symmetrical canopy at planting time;
- Be free of significant structural defects;
- Root balls be free of noxious weeds;
- Have a warranty period lasting two years (24 months) after the date of project completion;
- Be replaced if not meeting warranty or planting specifications.
12.08.061 Street Tree Species Selection
Species of trees shall be selected from the Oregon City Street Tree List. The selection must consider width of curb to sidewalk, overhead power lines, vision clearance requirements and spacing. The Community Development Director may specify the species of street trees required to be planted if there is an established planting scheme adjacent to the lot frontage, if there are obstructions in the planting strip, or if overhead electrical distribution lines are present.
12.08.062 Street Tree Maintenance Requirements
Abutting property owners shall be responsible for the care and maintenance of street trees and planting strips. Trees are to be protected from heavy foot or vehicular traffic.
Note – contact utility companies to prune trees in close proximity of any power lines.
Maintenance shall include:
- Pruning to remove dead, dangerous or hazardous branches;
- Pruning to maintain a minimum eight-foot clearance above all sidewalks and twelve-foot clearance above the street;
- Pruning to allow line of sight for traffic signs and intersections;
- Pruning to allow light from streetlights to reach the ground or street;
- Keeping planter strips clear of weeds, obstructing vegetation and trash.
Pruning:
All street tree pruning shall follow the ANSI A300 and Z133 or latest editions. Those performing pruning outside of the ANSI standards are financially responsible for the appraised tree value loss resulting from improper pruning.
Tree topping is prohibited on public property unless required by the City to accomplish one or more of the following:
- Remove the branches of trees that are severely damaged by storms;
- Reduce the height of trees which are located under utility wires or other obstructions where other pruning practices are impractical;
- Top a tree which has been previously topped;
- Promote the public health, safety and welfare, as determined by a certified arborist or the City.
In all cases, topping of trees is permitted only under the recommendation of a certified arborist, or other qualified professional, if required by City staff.
12.08.063 Public Property Tree Maintenance
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs in all public right-of-ways and public grounds, as may be necessary to ensure public safety or to preserve and enhance the symmetry or other desirable characteristics of such public areas. The Natural Resources Committee or City Arborist may recommend to the City Manager the removal of any tree or part thereof, which is in an unsafe condition, or which by reason of its nature, is injurious to above- or below-ground public utilities or other public improvements.
12.08.064 Street or Public Tree Removal
A permit or an approved land or road development plan is required before the removal of any street or public tree. Existing street trees shall be retained and protected during construction unless removal is specified as part of the land use approval or in conjunction with a public facilities construction project, as approved by the Community Development Director.
A seriously diseased or hazardous street tree, as determined by a Certified Arborist and verified by the City, may be removed and shall be replaced with one tree having a minimum two-inch caliper that is of a similar tree species, unless the species is not included on the Street Tree List, in which case the tree shall be replaced with a species from the Street Tree List. The removal costs of seriously diseased or hazardous trees are the responsibility of the abutting property owner or the City at its option.
A non-diseased, non-hazardous street tree that is removed shall be replaced with the required number of replacement trees found in Table 12.08.050-1. All new street trees will have a minimum two-inch caliper trunk. The Community Development Director may approve off-site installation of replacement trees or payment to the Tree Bank where necessary due to planting constraints.
12.08.070 Hazard or Noxious Trees and Vegetation
Any tree(s) diseased or damaged or determined to be hazardous by the City in the public right-of-way shall be declared a nuisance. Should the abutting property owner refuse for whatever reasons to abate said nuisance, the City shall cause the nuisance to be abated and charged to the abutting property owner.
The City shall have the right to work on private property to abate hazards and nuisances affecting the public right-of-way caused by private trees or other noxious vegetation at the expense of the owner.
Noxious Vegetation
Noxious vegetation must be controlled so it will not cause harm to pedestrians or impede the public right-of-way. Plants such as poison oak, blackberry or other plants listed on the City or State noxious plant lists can cause pedestrians or drivers to alter their course and cause injury or block the view of traffic control signs or block light from streetlights. Such vegetation shall be declared a nuisance. Should the abutting property owner refuse for whatever reasons to abate said nuisance, the City shall cause the nuisance to be abated and charged to the abutting property owner.
Catastrophic Tree Infestations
Trees with diseases or insect infestations that spread rapidly and are not reasonably controllable can be deemed a public nuisance, and be ordered for tree removal. If an infected tree is not removed in 60 days the City may remove the tree. The removal costs of catastrophic infested trees are the responsibility of the property owner, the abutting property owner or the City at its option. If the owner legally resists the tree removal, that owner may become responsible to neighbors whose trees become infested for both the removal costs and the appraised tree value.
12.08.080 Tree Planting Requirements – See existing subdivision requirements
New residential developments will have large growing shade trees planted in the front yard in addition to fully stocking the street tree planting areas. Lots smaller than 6,000 square feet will have one tree planted. Lots 6,000 to 12,000 sq. ft will have two trees planted in the public area. Lots over 12,000 will have three trees planted in the front yard. Trees will be selected from the Oregon City Street Tree List for large planting spaces. All building permits that have exterior work included will also meet the above tree requirements if the property does not currently have the minimum number of trees in the front yard. When space is not available for planting large trees in the front yard then payment to the Tree Bank may be made in lieu of tree planting. Detailed tree planting and early tree care instructions will be available from the City.