9.6885 Tree Preservation and Removal Standards.
(1) Exemptions from Standards. The standards in this section do not apply to activities regulated under EC 9.4900 through 9.4980, or an application for development activity that includes or will result in:
(a) Residential Lots Under 20,000 Square Feet. Removal of significant trees from a parcel of property not subject to the provisions of subsection (c) of this section with an area of less than 20,000 square feet when:
1. Such parcel is occupied by a single-unit dwelling, accessory dwelling, or middle housing;
2. An application to construct a single-unit dwelling, accessory dwelling, or middle housing on such lot is being reviewed by the city. However, no significant trees may be removed prior to the approval of the development permit; or
3. The city has entered into an agreement authorizing the start of construction for a single-unit dwelling, accessory dwelling, or middle housing.
(b) Lots 20,000 Square Feet or Larger. Removal of up to 5 significant trees within a period of 12 consecutive months from a parcel of property not subject to the provisions of subsection (c) of this section consisting of 20,000 or more square feet of area;
(c) Land Use Approvals. Any tree removal on property subject to an approved Conditional Use Permit, Planned Unit Development, Site Review, Subdivision, or Willamette River Greenway Permit that includes a tree removal/preservation plan or conditions related to tree removal or retention. In those areas, that plan or city approved modifications thereto control tree removal. This exemption does not apply to the removal of a street tree, which must be authorized by a permit issued pursuant to EC 6.305;
(d) Tree Removal Permit. Any tree removal specifically authorized by, and carried out in conformity with a city-approved tree removal permit under EC Chapter 6.
(e) Habitat Restoration. Removal of trees by the city or as authorized by the city for the purpose of implementation of a city-approved habitat restoration plan, and the express purpose of the plan is to restore native plant communities, enhance fish or wildlife habitat, or similar restoration purposes;
(f) Hazardous Trees.
1. The removal of hazardous trees on private property, provided that prior to removal the property owner submits to the city a written evaluation of each tree proposed for removal prepared by a certified arborist declaring the tree(s) to be hazardous and recommending immediate removal. The written evaluation shall be on a form prescribed by the city manager pursuant to section 2.019 City Manager – Administrative and Rulemaking Authority and Procedures;
2. The removal of hazardous trees by the city or under contract with the city, on public property or street right-of-way, provided the city’s urban forester issues a written evaluation of each tree proposed for removal declaring the tree(s) to be hazardous and recommending immediate removal;
(g) Fire Hazard Abatement. Removal of trees that the city fire marshal has declared in writing poses a potential fire hazard to existing structures; or
(h) Diseased or Dying Trees. Removal of a diseased or dying tree, provided that prior to its removal the property owner submits to the city a written evaluation of the tree prepared by a certified arborist certifying the unhealthy condition of the tree and recommending its immediate removal. The written evaluation shall be on a form prescribed by the city manager pursuant to section 2.019 City Manager – Administrative and Rulemaking Authority and Procedures.
(2) Tree Preservation and Removal Standards. The standards in this subsection apply only to land use applications processed under EC 9.8100, EC 9.8325, EC 9.8445, EC 9.8520, and EC 9.8812. Unless exempt under subparagraph (d) below, no permit for a development activity subject to this section shall be approved until the applicant demonstrates compliance with the standards in this subsection.
(a) Definitions. For the purposes of this subsection (2), the following definitions apply:
1. Critical Root Zone (CRZ). That area surrounding a tree that has a radius of 12 inches multiplied by the diameter breast height expressed in inches of the tree trunk or trunks.
2. Tree Removal. To fell or sever a tree or to use any procedure the natural result of which is to cause the death or substantial destruction of the tree. Substantial destruction includes actions that destroy more than 20% of the critical root zone of a tree, or topping, or severing the cambial material on 50% or more of the circumference of the tree trunk. Remove does not in any context include those pruning standards as defined in the 2014 edition of American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Practices.
(b) For the purposes of this subsection (2), the South Hills Area is defined as all property located within the City’s adopted Urban Growth Boundary, above an elevation of 500 feet, and:
1. South of 18th Avenue,
2. South of Franklin Boulevard and East of the intersection of 18th Avenue and Agate Street, or
3. If 18th Avenue were extended from the intersection of 18th Avenue and Willow Creek Road directly west to the Urban Growth Boundary, the area south of that extension of 18th Avenue.
(c) For the purposes of this subsection (2), the Willamette River Greenway is defined as all lands within the adopted Willamette River Greenway Boundary established by Resolution No. 2592, and the Willamette River Greenway Setback is that area identified on the Willamette River Greenway Setback Map adopted as Exhibit A-1 to Ordinance No. 20693.
(d) Exemptions. A proposed development shall be exempt from the requirements of EC 9.6885(2) if any of the following apply:
1. Except as provided in subparagraphs 4. and 5., the area of the development site is less than 20,000 square feet.
2. Except as provided in subparagraph 5., five or fewer significant trees exist on the development site prior to development.
3. Except as provided in subparagraph 5., the development site is zoned R-2 Medium-Density Residential, R-3 Limited High-Density Residential, R-4 High Density Residential, GO General Office, C-2 Community Commercial, or C-3 Major Commercial zones.
4. Notwithstanding subparagraph 1., development sites that include property at or above 900 feet elevation are subject to the requirements of EC 9.6885(2), regardless of the area of the development site.
5. Notwithstanding subparagraphs (1) through (4) above, any portion of a development site located within Willamette River Greenway Tree Preservation Zones 1-3, shall be subject to the requirements of EC 9.6885(2). Willamette River Greenway Tree Preservation Zones are identified on the map adopted as Exhibit B-1 to Ordinance No. 20693.
(e) Tree Preservation Requirements. Unless adjusted per EC 9.8030(13), significant trees must be preserved in accordance with the requirements of Table 9.6885(2)(e). Minimum preservation is based on the total existing Diameter Breast Height (d.b.h.) of significant trees within each specific location category prior to development. Maximum mitigation is the percentage of the minimum preservation that may be mitigated according to subsection 2. below.
Location Category |
Minimum Preservation |
Maximum Mitigation |
---|---|---|
Outside the South Hills Area |
40% |
100% |
Within the South Hills Area, between 500 feet and 900 feet elevation |
50% |
50% |
Within the South Hills Area, at or above 900 feet elevation |
50% |
0% |
Willamette River Greenway Tree Preservation Zone 1 (See Exhibit B-1 to Ordinance No. 20693) |
50% |
0% |
Willamette River Greenway Tree Preservation Zone 2 (See Exhibit B-1 to Ordinance No. 20693) |
50% |
50% |
Willamette River Greenway Tree Preservation Zone 3 (See Exhibit B-1 to Ordinance No. 20693) |
40% |
100% |
1. A Tree Preservation and Removal Plan is required except as provided in EC 9.6885(2)(d) or EC 9.6885(2)(e)3. The plan must be prepared by a certified arborist, licensed landscape architect, licensed engineer, or licensed surveyor and shall provide the following:
a. A table, organized by the location categories listed in Table 9.6885(2)(e), listing all significant trees on the development site and including the following information for each listed tree:
(1) Diameter Breast Height (d.b.h.)
(2) Preservation, removal, or mitigation status
(3) Common name, genus and species
b. A site plan that includes the following information:
(1) The locations of all significant trees on the development site, the Diameter Breast Height (d.b.h.) for each significant tree, whether each significant tree is to be preserved, removed, or mitigated according to EC 9.6885(2)(e)2., and the location of the critical root zone (CRZ) for each significant tree to be preserved.
(2) The location of all existing and/or proposed public and private utility easements, driveways, and areas of grading or excavation on the development site.
(3) The location of all existing development on the site as well as the location of development proposed in the land use application that triggers the requirement for a Tree Preservation and Removal Plan.
(4) Proposed lot or parcel boundaries.
(5) For development sites with any portion located within the South Hills Area, identification of areas at or above 500 feet elevation and areas at or above 900 feet elevation.
c. A written statement from a certified arborist or licensed landscape architect that the Tree Preservation and Removal Plan meets EC 9.6885(2)(e) Tree Preservation Requirements. If the Tree Preservation and Removal Plan is prepared by a certified arborist or licensed landscape architect, then the written statement otherwise required by this subparagraph is not required.
2. Mitigation. An applicant may elect to mitigate a portion of the minimum preservation of significant trees on the development site as provided below:
a. The maximum d.b.h. that can be mitigated shall be based on location category as provided in Table EC 9.6885(2)(e) Tree Preservation and Mitigation.
b. Proposed subdivisions in areas outside of the South Hills Area and outside of the Willamette River Greenway Boundary may mitigate up to 100% of the minimum tree preservation requirement by either:
(1) Providing that lots up to 7,000 square feet in area will contain a minimum of two trees and lots 7,000 square feet or more will contain a minimum of three trees; or
(2) Providing one replacement tree for each significant tree designated for mitigation.
c. Required mitigation may only occur within the Willamette River Greenway Setback if the proposed trees to be planted are selected from the native trees included on the City’s adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351.
d. Installation and Maintenance. Unless otherwise specified, each significant tree designated for mitigation must be replaced with one tree selected from the approved species listed in Table 9.6885(2)(e)2 within one year from the date of removal or prior to final occupancy, whichever is later. Trees planted in accordance with subparagraph (2)(e)2.b. must be planted prior to final occupancy. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 5 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Any mitigation trees to be planted within the Willamette River Greenway Setback shall be selected from the native trees included on the City’s adopted list of plant species for sites at or below 500 feet in elevation, attached as Exhibit F to Ordinance No. 20351.
e. The maximum mitigation allowance may be adjusted in accordance with EC 9.8030(13).
Genus and Species |
Common Name |
---|---|
Abies koreana |
Silver Korean Fir |
Abies pinsapo |
Spanish Fir |
Acer circinatum |
Vine Maple |
Acer ginnala |
Amur Maple |
Acer glabrum var. douglasii |
Rocky Mountain Maple |
Acer griseum |
Paperbark Maple |
Acer macrophyllum |
Big Leaf Maple |
Acer rubrum |
Red Maple |
Acer saccharum |
Sugar Maple |
Alnus rhombifolia |
White Alder |
Alnus rubra |
Red Alder |
Amelanchier alnifolia |
Pacific Serviceberry |
Arbutus menziesii |
Pacific Madrone |
Arbutus unedo |
Strawberry Madrone |
Arbutus 'Marina' |
Marina Strawberry Tree |
Betula nigra |
River Birch |
Calocedrus decurrens |
Incense Cedar |
Carpinus betulus |
European Hornbeam |
Carpinus caroliniana |
American Hornbeam |
Castanopsis cuspidate |
Japanese Chinquapin |
Catalpa speciose |
Northern Catalpa |
Cedrus atlantica |
Atlas Cedar |
Cedrus deodara |
Deodar Cedar |
Cedrus libani |
Cedar of Lebanon |
Celtis occidentalis |
Common Hackberry |
Cercidiphyllum japonicum |
Katsura Tree |
Chrysolepis chrysophylla |
Golden Chinquapin |
Cinnamomum chekiangense |
Camphor Tree |
Cornus nuttallii |
Pacific Dogwood |
Corylus colurna |
Turkish Filbert |
Cupressus arizonica |
Arizona Cypress |
Cupressus bakeri |
Modoc Cypress |
Cupressus leylandii |
Leyland Cypress |
Fraxinus latifolia |
Oregon Ash |
Fraxinus ornus |
Flowering Ash |
Ginkgo biloba (fruitless cultivars only) |
Ginkgo |
Koelreuteria paniculate |
Goldenrain Tree |
Maackia amurensis |
Maackia |
Nyssa sylvatica |
Tupelo, Black Gum |
Ostrya virginiana |
American Hophornbeam |
Oxydendrum aroboreum |
Sourwood |
Parrotia persica |
Persian Ironwood |
Picea smithiana |
Morinda Spruce |
Pinus ponderosa |
Ponderosa Pine |
Pinus ponderosa var. benthamania |
Willamette Valley Ponderosa Pine |
Pinus wallichiana |
Himalayan Pine |
Pistacia chinensis |
Chinese Pistachio |
Platanus acerifolia |
London Plane |
Prunus virginiana |
Chokecherry |
Pseudotsuga menziesii |
Douglas Fir |
Quercus acutissima |
Sawtooth Oak |
Quercus agrifolia |
Coast Live Oak |
Quercus alba |
White Oak |
Quercus bicolor |
Swamp White Oak |
Quercus chrysolepis |
Canyon Live Oak |
Quercus douglasii |
Blue Oak |
Quercus frainetto |
Hungarian Oak |
Quercus gambelii |
Gambel Oak |
Quercus garryana |
Oregon White Oak |
Quercus hypoleucoides |
Silver Oak |
Quercus ilex |
Holly Oak |
Quercus kelloggii |
California Black Oak |
Quercus lobate |
Valley Oak |
Quercus macrocarpa |
Bur Oak |
Quercus myrsinifolia |
Chinese Evergreen Oak |
Quercus palustris |
Pin Oak |
Quercus phellos |
Willow Oak |
Quercus rubra |
Red Oak |
Quercus shumardii |
Shumardii Oak |
Quercus suber |
Cork Oak |
Quercus wislizeni |
Interior Live Oak |
Rhamnus purshiana |
Cascara Buckthorn |
Salix lucida ssp. Lasiandra |
Pacific Willow |
Salix scouleriana |
Scouler’s Willow |
Sciadopitys verticillate |
Japanese Umbrella Pine |
Sequoia sempervirens |
Coast Redwood |
Sequoiadendron giganteum |
Giant Sequoia |
Stewartia pseudocamellia |
Stewartia |
Styrax japonicus (japonica) |
Japanese Snowbell |
Taxodium distichum |
Bald Cypress |
Taxus brevifolia |
Pacific Yew |
Thuja plicata |
Western Red Cedar |
Tilia Americana |
American Linden |
Tilia cordata |
Little Leaf Linden |
Tilia tomentosa |
Silver Linden |
Tsuga canadensis |
Canadian Hemlock |
Tsuga heterophylla |
Western Hemlock |
Tsuga mertensiana |
Mountain Hemlock |
Tsuga sieboldii |
Southern Japanese Hemlock |
Ulmus americana |
American Elm |
Ulmus carpinifolia |
Smoothleaf Elm |
Ulmus parvifolia |
Chinese Elm |
Ulmus propinqua |
Japanese Elm |
Umbellularia californica |
California Bay Laurel |
Zelkova serrata |
Zelkova |
3. Tree Preservation Area Alternative.
a. A Tree Preservation and Removal Plan is not required if the applicant chooses to preserve at least 50 percent of the total existing d.b.h. of significant trees on the development site within one or more tree preservation area(s) and the following requirements are met:
(1) Tree preservation area(s) must be delineated and shown on a site plan submitted for approval by the City.
(2) Applicant must provide written certification from a certified arborist or licensed landscape architect stating that the area(s) designated for tree preservation include(s) at least 50 percent of the total existing d.b.h. of significant trees on the development site.
(3) No trees within the Willamette River Greenway Setback may count toward the 50 percent preservation requirement.
b. Mitigation is not allowed when the Tree Preservation Area Alternative is used to meet tree preservation requirements, except as approved through an adjustment review according to EC 9.8030(13).
4. Protection Standards. The following notes must be included on the final plan set submitted for approval by the City and shall apply at the time of development:
a. “Protective fencing for trees identified to be preserved shall be installed by the applicant and inspected by the City prior to beginning any development activities. All protective tree fencing must remain in place until completion of all construction activities; any relocation, removal, or modification of the protective fencing shall only occur under the direction of a certified arborist and a written explanation of the reason for the relocation, removal, or modification of the protective fencing from the certified arborist must be provided to the City.”
b. “At the time of building permit, a site plan in compliance with the approved tree preservation and removal plan is required.”
c. “No excavation, grading, material storage, staging, vehicle parking or other construction activity shall take place within protective tree fencing areas.”
d. “The removal of trees not designated to be preserved is optional; removal may occur at the owner’s discretion.”
e. “Any tree designated for mitigation must be replaced with one tree selected from the approved species listed in Table 9.6885(2)(e)2 within one year from the date of removal or prior to final occupancy, whichever is later. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 6 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Maintenance of replacement trees is the ongoing responsibility of the property owner.”
f. “In the event a tree designated to be preserved must be removed because it is dead, diseased, dying, or hazardous, documentation of the tree’s dead, diseased, dying, or hazardous condition by a certified arborist must be provided to the City prior to tree removal. The tree must be replaced with one replacement tree selected from the approved species list in Table 9.6885(2)(e)2. At the time of planting, deciduous trees used for replacement must have a minimum diameter of 2 inches and evergreen trees used for replacement must be a minimum of 6 feet in height as measured according to the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1), published by the American Nursery and Landscape Association. Maintenance of replacement trees is the ongoing responsibility of the property owner.”
(f) Street Tree Removal. If the proposal includes removal of any street tree(s), removal of those street trees has been approved, or approved with conditions according to the process at EC 6.305 Tree Felling Prohibition.