6.320 Criteria for Permit Issuance

6.320 Criteria for Permit Issuance.

(1) The city manager or designee shall approve, approve with conditions, or deny a permit application based on consideration of the following criteria:

(a) The condition of the trees with respect to disease, hazardous or unsafe conditions, danger of falling, proximity to existing structures or proposed construction, or interference with utility services or pedestrian or vehicular traffic safety;

(b) The topography of the land and the effect of felling on erosion, soil retention, stability of earth, flow and character of surface waters and streams, protection of nearby trees and windbreaks;

(c) The effect the trees’ removal has on the environmental quality of the area, including scenic and wildlife habitat values;

(d) The necessity to remove trees in order to construct proposed improvements, or to otherwise utilize the applicant’s property in a manner consistent with its zoning, this code, the comprehensive plan, and other applicable adopted plans;

(e) Fire safety considerations where, in the opinion of the fire marshal, removal is necessary to protect existing or proposed structures;

(f) The adequacy of the applicant’s proposals, if any, to plant new trees or native vegetation to mitigate the environmental effects of removal of the trees to be felled; and

(g) That the felling would be compatible with generally accepted principles of horticulture, silvaculture, ecology, or landscape architecture;

(h) The compatibility of the felling with guidelines adopted by the Oregon Department of Forestry.

(2) In the event a plot plan for full development of the site has not been approved by the city, felling of trees shall be permitted only on a limited basis consistent with the preservation of the site’s future development potential and preservation of important natural values as prescribed in the comprehensive plan and this code, and consistent with the following criteria:

(a) Wooded areas associated with natural drainage ways and water areas shall be retained to preserve riparian habitat and to minimize erosion;

(b) Wooded areas that will likely provide an attractive on-site amenity to occupants of future developments shall be retained;

(d) Wooded areas along property lines shall be retained to provide buffers from adjacent properties;

(e) Trees shall be retained in sufficiently large areas and dense stands so as to ensure against windthrow;

(f) Clear cuts of developable areas shall be avoided so as to retain a wooded character of future building sites, and preserve housing and design options for future city residents.

(3) The city manager or designee may attach conditions to the approval of a permit to ensure the replacement of trees, landscape or otherwise reduce the effects of the felling, and may require the posting of a bond to ensure that all conditions are met.