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HomeMy WebLinkAboutOrdinance No. 20225 ORDINANCE NO. 20225 AN ORDINANCE CONCERNING TREE REMOVAL AND REPLACEMENT; AMENDING SECTIONS 6.300, 6.305, 6.320, 6.325, 6.330, AND 6.990 OF THE EUGENE CODE, 1971; AMENDING AND RENUMBERING SECTION 6.310 OF THAT CODE TO 6~315; ADDING NEW SECTIONS 6.302, 6.304, 6.310 AND 6.335 TO THAT CODE; AND PRO~cqDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The following caption and Sections 6.300, 6.305, 6.320, 6.325, and 6~330, of the Eugene Code, 1971, are amended; the current Section 6.310 is renumbered 6.315 and amended; and new Sections 6.302, 6.304, 6.310 and 6.335 are added, to provide: Tree Removal and Replacement 6.300 Tree Removal and Replacement - Defirfitions. As used in section 6.302 to 6.335 of this code, the f¥11owing defirfifions apply: Arborist, certified. A person certified by the International Society of Arboriculture as having specialized knowledge, experience and training related to arboriculmre, including, but not limited to, knowledge of best management practices for tree prong and maintenance, construction impacts to trees, tree pests and diseases, mad hazardous tree evaluation. Construction activin. An activity used in the process of developing, redevelopkng, enhancing or maintaining land that removes existing vegetation cover or disturbs the earth's surface, including, but not limited to: clearing, grading, filling, excavation, paving, harvesting, boring, drilling or trenching. Critical root zone. That area surrounding a tree that: (a) Has a radius of 18 inches times the diameter breast height expressed in inches of the tree tnmk or minks; or (b) Encompasses an area determined for an individual tree to be the necessary root area for the tree's continued normal growth as demonstrated in a written report by a certified arborist and based on documented field investigation and non-destructive physical testing, including, but not limited to non-destructive excavation to delineate the root system to a minimum depth of 24 inches below grade, and no more than 48 Ordinance- 1 inches below' grade. Develol2. To bring about growth or availability; to construct or alter a structure, to conduct a mining operation, to make a physical change in the use or appearance of land, to divide land, or to create or terminate rights to access. ~Develop" includes, but is not limited to, new building, building alterations or additions, site improvements, or a change in use. Development. The act, process or result of developing. Diameter breast height (d b.h ). The diameter of the trunk or trunks ora tree rneasttred at 4.5 feet above mean ground level at the base of the trunk or trunks. DuPlex A building designed and used as dwellings fbr two fmnilies living independently of each other and having separate housekeeping facilities fbr each family. A building is not a duplex if one of the dwellings is a secondary dwelling. Dwelling. A building, or portion thereof, designed and used as a residence for occupancy by one fhmily. This includes both buildings constructed on-site and manufactured homes. Hazardous tree. A tree that is dead, or is so affected by a significant structural defbct, damage or disease that falling or failure appears imrninent, and the tree poses a threat to life or property. Heritag~ tree. A living, standing tree having exceptional value to the community due to its size and species. The specific methodology of classifying a tree as a heritage tree shall be established by administrative rule of the city manager adopted pursuant to section 2.019 City Manager - Administrative and Rutemaking Authorit35 Lot. A unit of land that is created by the subdivision of land as provided for in chapter 9 of this code. Otherwise, the words "lot" and "parcel" are used interchangeably. (Note: See also definition of"Parcel" and ~Lot of record in chapter 9 of this code.") ~nificant tree. A living, standing tree having a trunk or trunks with a minim-mn cumulative diameter breast height of 8 inches, or, when there are multiple trunks, having a minimum cumulative diameter breast height of eight inches, considering the two largest trunks measured at 4.5 feet above mean ground level at the base of the trunk or trunks. Street tree. A living, standing tree with a trunk diameter or, fbr trees with multiPle trunks, a cumulative trunk diameter, of at least 1-1/2 inches at a point six inches above mean ground level at the base of the trunk, and that is located within the public street right-of-way or is shown on an approved street tree plan. . Cutting of the branches of trunks of a tree, Where such cutting removes: (a) More than 30 percent of the branches 6 inches in diameter or larger; or (b) The main trunk or trunks, or as otherwise defined in the edition of the American National Standards fnstitute (AN'SD Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Ordinance - 2 Practices in effect at the time the topping occurs, except that topping shall not in any context mean pruning measures comrnonly used to maintain trees groom for the purpose of crop production. Tree.. A self supporting, perennial woody plant characterized by one main trunk or, in some cases, multiple trunks, mud one main canopy of leaves, usually growing to a height of 15 feet or more. Treepreservation. Protection of an existing tree from damage or stress such that the tree is likely to survive and continue to grow normally in a healthy condition, through measures that avoid or minimize damage to branches, canopy, trunk and roots of the tree. Such measures may include, but are not limited to, installation of tree protective fencing, mulching and watering of roots, supervision of work by an arborist, installation of aeration or drainage systems, root pruning, and use of non- destructive excavation techn/ques. 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 30 percent of the critical root zone of a tree, or topping, or severk~g the cambial material on 50 percent or more of the c~rcumference of the tree mink. Remove does not in any context include those pruning standards as defined in the edition of American National Standards Institute (ANSI) Section A300, Tree, Shrub and Other Woody Plant Maintenance Standard Practices in effect at the time the pruning occurs. Urban Forester. The person authorized by the city manager to carry out the duties and. responsibilities of the city's urban forester under provisions of this code° 6.302 Tree Removal and Replacement - Purp_ ose~ Scope~ and~A_pplicabilitx. (1) Purpose. Sections 6.300 to 6.335, and the rules issued thereunder, are k~tended to conserve Eugene's natural environment, while providing for the reasonable economic use and enjoyment of property, through: (a) Maintaining and preserving minimum levels of trees throughout the community while achieving the city's goals for a healthy economy, affordable housing, and reduced sprawl; (b) Managing trees on public lands, including street trees and park land trees, in a manner designed to preserve existing trees and promote beautification in the city; (c) Mitigating the loss of the essential functions of the urban forest through the planting of new trees; (d) Ensuring a healthy furore urban forest by protecting areas that contain mixed age stands, a diversity of tree species, mad valuable forest soils, such as wildlife corridors and stream buffers; (e) Minimizing the tnmecessmD~ removal of trees by encouraging the integration of existing trees into site design; and (f) Establishing minimum measures for protection of trees during construction activity and minimum standards for planting replacement trees. Ordinance ~ 3 (2) Scope and A~plicabili¢~. Sections 6.300 to 6.335 and any administrative rules issued thereunder apply to the removal of significant trees when that removal is not associated with development activity requiring a permit or land use approval under chapter 9 of this code, and to the removal of street trees. Removal of significant trees for purposes of development is governed by provisions in chapter 9 of this code. 6.304 Tree Removal and Replacement - Tree Verification. Prior to a site change that impacts a significant tree, a tree verification request form shall be submitted to the city for verification regarding the status of the tree. Verification shall be b~sed on: (a) Where the change involves the removal of a tree, whether the removal meets the criteria for exemption under section 6.310 Tree Removal and Replacement ~ Exemptions. (b) Whether the subject tree is within an area subject to a prior approved tree prese~ation plan or conditions associated with an approved conditional use permit, plarmed unit development, site review or subdivision to which the parcel on which the tree is located is a part of~ For any such parcel, the city approved plan or approved modifications shall control tree preservation and removal. 6.305 Tree Removal and Replacement - Permit Reqnired. (1) No person shall remove a significant tree, a heritage tree within the public right-of-way, or a street tree without first verifying the status of the tree as required in section 6.304 Tree Removal and Replacement - Tree Verification and obtaining a tree removal permit. A tree removal permit is not necess~ if during the tree verification review it is determined the removal is specifically exernpt under section 6.310 Tree Removal and Replacement - Exemptions. (2) Topping of a si~ficant tree, a heritage tree within the public right-of-way, or a street tree shall constitute removal of that tree, subject to the permit requirements of this section, unless other~vise exempt under section 6.310 Tree Removal and Replacement - Exemptions. 6.310 Tree Removal and Replacement - Exemptions. The following tree removals are exempt from the requirement to obtain a permit under section 6.305 Tree Removal and Replacement - Permit Required: (a') Residential lots under 20~000 square feet. Removal of significant trees from a parcel ofproper~ not subject to the provisions of subparagraph (c) of this section with an area of less than 20,000 square feet, when: (1) Such parcel is occupied by a dwelling or duplex; (2) An application to construct a dwelling or duplex on the parcel is being reviewed by the city. However, no significant trees may be removed prior to the approval of the building permit; or (3) The city has entered into an agreement authorizing the start of construction for a dwelling or duplex. (b) Lots 20,000 square feet or lar~. Removal of up to 5 significant trees within a period of 12 consecutive months from a parcel ofproper~ not subject to the provisions of subparagraph (c) of this section consisting of 20,000 or more square Ordinance ~ 4 6.315 feet of area. (c) Land use a. PA)rovals. Any tree removal on property subject to an approved conditional use permit, planned unit development, site review, or subdivision 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 perrnit issued pursuant to EC 6.305 Tree Removal and Replacement - Permit Reoyired. (d) Permit approval~ Removal of significant trees from private property for the purpose of implementing any permit approved subject to the standards in section 9.6885 Tree Preservation and Removal Standards; provided that the tree removal is specifically authorized by the permit approval. For such property, the permit approved under EC 9.6885 controls tree removal. (e) Habitat restoration. Removal of trees by the cky, 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. (~) Emergency actions. Removal of structurally damaged or partially uprooted trees necessary to alleviate an immediate danger to life or property~ or to reopen a public thoroughfare to traffic. (g) Hazardous trees: (1) 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 x~,adtten evaluation shall be on a form prescribed by the city manager pursuant to section 2.019 City__M~ger ~ Administrative and Rulemaking Authoril:~. (2) 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. (1~) Fire hazard abatement. Removal of trees that the city- fire marshal has declared in writing pose a potential fire hazard to existing structures. (i) Nursery_ and orchard operations. Routine maintenance or removal of trees planted and cultivated for the propose of resale or crop production, including, but not limked to, transplanting and removal of trees in a commercial orchard, nurser5,, or a comlrtercial tree farm. (j) Utili.w to~¢g activities. Topping of trees by an electrical utility performing line clearance activities required by state regulations and in accordance with an intergovernmental agreement entered into with the city. Tree Removal and Rep .r Application Submittal and Review. (1) Submittal requirements. An application for a tree removal permit shall be Ordinance - 5 filed with the city on forms prescribed by the city manager pursuant to section 2.019 Ci~M A~strative a_n_~ Ruler~.~king. Authorit~ and shall include all materials listed on that form, specifically including the tree verification determination issued pursuant to section 6.304 Tree Rem_oval and Reglacement ~ Tree Verifi_cation, and an application fee in an amount established by the city manager pursuant to section 2.020 Ci~ Manager - Authofi _ty to Set Fees and Charge. The application materials shall address all applicable criteria in section 6.320 Tree Removal and RePla_cemem - Permk Decision. (2) A_.p~lication review. The city shall issue a decision on the permit application within 30 days of receipt of a complete application. (3) Notice. (a) The city shall provide mailed public notice prior to any decision on a permit proposing removal of more than 10 significant trees on a parcel, excluding the public fight-of-way. The notice shall be mailed to owners and occupants of properties located within 300 feet of the property on which the trees are located, to the affected neighborhood group, and to persons who have requested notice. The notice shall provide that persons may submit written comments on the application as directed in the notice, for a period of 15 days from the date the notice was ma~led. (b) The city shall post notice on any tree on public land or within the public right-of-way proposed for removal, if that tree has a d.b.h, of 12" or more. The notice shall be posted at least 15 days prior to the city's decision on the permit application and shall provide that persons may submk written comments on the application as directed in the notice, for a period of 15 days from the date the notice was posted. 6.320 Tree Removal and Replacement - Permit Decision. (1) Permit Ap_proval Criteria. The city shall review the tree removal permit application and approve, approve with conditions, or deny the application based on the following criteria: (a) A significant tree or street tree may be removed only under one or more of the ibllowing ckcumstances: A tree evaluation report prepared by a certified arborist recommends removal due to the tree's diseased or d~dng condition. 2. A tree evaluation report prepared by a certified arborist recommends removal due to an unsafe condition that would be made safb by the tree's removal. Unsafe conditions may include, but are not limited danger to life or property due to close proxirnity to existing struc~es, interference with the provision of or installation of utility services, pedestrian or bikeways, or vehicular traffic facilities. 3. Removal of street tree(s) is necessary ~n order to carry out development activkies requiring a city permit. If approval of the tree removal permit is based solely on this criterion, approval of the tree removal permit shall be conditioned upon the applicant securh~g required permits or land use approvals under chapter 9 of this code and upon such permits or approvals Ordinance - 6 specifying the need for removal of the subject tree(s). 4. Removal of significant tree(s) is necessary in order to carny out development specified in a park development or redevelopment plan approved by the city council or by an admkfistrative order. 5. Removal of street trees that have a 8" d.b.h, or less is recommended by the urban forester due to the tree' s poor health or the tree' s negative impact on surroundings. Removal of significant tree(s) or street tree(s) is necessary to install or maintain public improvements located in the public right of way, public utility easement, or on a city-owned or controlled easement. (b) A heritage tree located with/n the public right-of-way shall be removed only upon the written determination of the city manager that removal is necessary for the protection of the public health, safety and welfare. (2) To ensure that the tree removal permit complies with the tree preservation, replacement and protection criteria of sections 6~300 to 6.335, the city may attach conditions to the approval of a tree removal permit and impose time limits for completing the condkions~ Such conditions may include, but are not limited to, a requirement for oversight of construction activities affecting trees by a certified arborist, specific construction methods, such as protection of the critical root zone through protective fencing, planting, establishment, and maintenance of replacement trees, or submittal of a post-construction evaluation of tree health or the posting of a bond. Approval for removal of a street tree may be conditioned upon replacement of the street tree w~th another tree approved by the city, or a requirement to pay to the city an amount sufficient to Pdnd the planting and establishment by the city of a tree of similar value. The value of the existing street tree to be removed shall be calculated using the methods set forth in the edition then in effect of the Guide for Plant Appraisal prepared by the Council of Tree and Landscape Appraisers. (3) The effective date and expiration date of a tree removal permit shall be specifically noted on the permit. The manner in which those dates are determined, and procedures for extension or modification, if any, shall be established by the city manager pursuant to section 2.019 Ci~ Manager ~ Admkfistrative and Rulemaking Authority. (4) Notice oft he city's decision on an application for a tree removal permk shall be mailed to the applicant and to all persons who submitted written comments and provided a retrain address, on the date the decision is issued. The notice shall advise that the decision may be appealed, and the maturer in which to do so, as provided in section 6.325 Tree Removal and Replacement - Appeal. 6.325 Tree Removal and Re - Appeal~ Any person who ~s denied a permk, or is granted a permit with conditions, or any person to whom notice of the decision is provided pursuant to section 6.320 Tree Removal and Replacement - Permit DecisiQn, may appeal the decision, by filing a written notice of appeal with the city manager within 15 days of the date of the dec~sion. The appeal shall be governed by section 2.021 ii,peal Procedures. The appeal must include the specific bas~s or bases upon which the appellant asserts that the decision was in error. 6.330 Tree Removal and Replacement - Enforcement. Ordinance - 7 (1) Enforcement Policy_. Sections 6.300 to 6.335 and the rules authorized to be issued thereunder establish procedures designed to achieve compliance with the city's tree preservation and replacement policies. (2) Inspection. The city may make periodic inspections to ensure compliance with this code, roles issued hereunder, or conditions imposed upon a tree removal permk. (3) Vio~lations. Failure to comply with the provisions of sections 6.302 to 6.335, roles issued thereunder, a tree removal permit, or conditions imposed thereon during the period the permit is in effect may result in any or all of the folloMng: (a) The issuance of a stop 'work order by the city; (b) The issuance of a citation into municipal court for violation of this code; (c) The imposition of an achministrative civil penalty pursuant to the provisions of section 2.018 City Manager - Authority to Impose Administrative Civil hn addition to the fines and penalties authorized under subparagraphs (b) and (c) of this subsection, violation of sections 6.302 to 6.335 may result in other associated permits being suspended or revoked, or a certificate of occupancy may be withheld pending resolution of the violation. (4) &ppeal. Any person to whom a stop work order is issued may appeal the order within the time and in the manner prescribed in section 2.021 _&ppeal Procedures. Notwiths~ding any other provision of this code, a stop work order shall be effective upon issuance, and shall continue in effect during the pendency of an appeal. 6~335 Tree Removal and Replacem.ent ~ Rules. The city manager ma,v adopt rules for implementation of sections 6.300 to 6~330, following the procedures in section 2.019 City' - Administrative and Rulemaking Authoritx. The rules may include, but are not limited to: (a) The form, content and procedures for tree verification requests submitted under section 6.304 Tree Removal and Replacement - Tree Verification; (b) The tbrm and content of an application for a tree removal permit; (c) The form and content of a tree removal permit; (d) Requirements for replacement of significant trees, and exemptions to those requirements; (e) Requirements for replacement or mitigation of street trees that are removed; (f) Minimum standards with respect to the size, species and condition of new and replacement trees, and criteria for installation of replacement trees; (g) Requirements for submission of a bond, letter of credit, or other performance guaranty by permit applicants; (h) Required restoration measures; and (i) Minimum tree protection measures. Section 2, Subsection (3) of Section 6.990 of the Eugene Code, 1971, is amended to provide: Ordinance ~ 8 6.990 Penalties - Specific. (3) Violation of section 6.300 to and including section 6.335 is punishable by: (a) A fine ora minimum of $500.00 to a maximum of $5,000.00 for each tree other than a street tree removed, or confinement in jail not to exceed 100 days, or both lSne and imprisonment. ~) A frae in the amount of the value of each street tree illegally removed, calculated by using the methods set fbrth in the Guide for Plant Appraisal prepared by the Council of Tree and Landscape Appraisers, or cor~inement in jail not to exceed i00 days, or both fine and imprisonment. In addition, the city attorney, upon request of the city manager, shall institute any necess~ legal proceedings to enforce the provisions of sections 6.300 to 6.335 of this code. Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 4. Notwithstanding the effective date of ordinances as provided in the Eugene Charter of 1976, it is necessary to further the orderly implementation of the new provisions and procedures adopted herein that this Ordinance become effective on the ef~%ctive date of a final court decision voiding Measure 7. If this final court decision finds Measure 7 valid, then this Ordinance is automatically repealed. Passed by the City Council this 26th day of Febrna~ 2001 City Recorder Approved by the Mayor this 26th day of Febrnary~ 2001 ? ./ Ordinance - 9