Chapter 17.132
TREE REMOVAL Amended Ord. 3305
Sections:
17.132.025 Tree plan requirement.
17.132.030 Permit requirement.
17.132.045 Incentives for tree retention.
17.132.050 Expiration of approval – Extension of time. Amended Ord. 3305
17.132.060 Application submission requirements.
17.132.070 Illegal tree removal – Violation – Replacement of trees.
17.132.010 Purpose.
(1) After years of both natural growth and planting by residents, the city now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers.
(2) The purposes of this chapter are to:
(a) Encourage the preservation, planting and replacement of trees in the city;
(b) Regulate the removal of trees on sensitive lands in the city to eliminate unnecessary removal of trees;
(c) Provide for a tree plan for developing properties;
(d) Protect sensitive lands from erosion;
(e) Protect water quality;
(f) Provide incentives for tree retention and protection; and
(g) Regulate commercial forestry to control the removal of trees in an urban environment.
(3) The city recognizes that, notwithstanding these purposes, at the time of development it may be necessary to remove certain trees for public safety and in order to accommodate structures, streets, utilities, and other needed or required improvements within the development. (Ord. 2875 § 1.160.010, 2003)
17.132.020 Definitions.
(1) Except where the context clearly indicates otherwise, as used in this chapter:
(a) “Tree” shall mean a standing woody plant, or group of such, having a trunk which is six inches or more DBH.
(b) “DBH,” also known as “diameter at breast height,” shall mean the outside bark diameter of a tree measured four and one-half feet above the ground level on the uphill side of the tree. If a tree’s trunk is asymmetric, this measurement shall be the widest portion. If a tree begins to branch or fork below four and one-half feet, measurement may be taken no more than one foot below the branching point. For a leaning tree, measure four and one-half feet from the base of the tree in the direction of the lean. If a tree is multistemmed (i.e., splits into several trucks at or within one foot of ground level), the DBH is determined by measuring the widest stem.
(c) “Canopy cover” means the area above ground which is covered by the trunk and branches of the tree.
(d) “Commercial forestry” shall mean the removal of 10 or more trees per acre per calendar year for sale.
(e) “Hazardous tree” shall mean a tree which by reason of disease, infestation, age, or other condition presents a known and immediate hazard to persons or to public or private property.
(f) “Pruning” shall mean the cutting or trimming of a tree in a manner which is consistent with recognized tree maintenance practices.
(g) “Removal” shall mean the cutting or removing of 50 percent or more of a crown, trunk or root system of a tree, or any action which results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. “Removal” shall not include pruning.
(h) “Sensitive lands” shall mean those lands described at Chapter 17.44 SHMC.
(2) Except where the context clearly indicates otherwise, words in the present tense shall include the future and words in the singular shall include the plural. (Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.160.020, 2003)
17.132.025 Tree plan requirement.
(1) A tree plan for the planting, removal, and protection of trees prepared by a certified arborist or other capable professional as allowed by the director (for property or site with more than 10 trees or any tree over two feet DBH) shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a land division, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible.
(2) The tree plan shall include the following:
(a) Identification of the location, size, DBH and species of all existing trees including trees designated as significant by the city;
(b) Identification of a program to save existing trees or mitigate tree removal over 12 inches DBH. Mitigation must follow the replacement guidelines of SHMC 17.132.070(4) according to the following standards:
(i) Retainage of less than 50 percent of existing trees over 12 inches DBH requires a mitigation program according to SHMC 17.132.070(4) with a ratio of two minimum two-inch DBH trees for each 12-inch or greater DBH tree to be removed.
(ii) Retainage of over 50 percent of existing trees over 12 inches DBH requires the trees to be mitigated according to SHMC 17.132.070(4) with a ratio of one minimum two-inch DBH tree for each 12-inch or greater DBH tree to be removed.
(c) Identification of all trees which are proposed to be removed; and
(d) A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction.
(3) Trees removed within the period of one year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced per this chapter. (Ord. 3264 § 2 (Att. A), 2021; Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.160.025, 2003)
17.132.030 Permit requirement.
(1) Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 17.44 SHMC.
(2) A tree removal permit shall not be required for the removal of a tree which:
(a) Obstructs visual clearance as defined in Chapter 17.76 SHMC;
(b) Is a hazardous tree;
(c) Is a nuisance affecting public safety as defined in the St. Helens Municipal Code; or
(d) Is used for Christmas tree production, or land registered with the Columbia County assessor’s office as property tax deferred tree farm or small woodlands, but does not stand on sensitive lands.
(3) Commercial forestry as defined by SHMC 17.132.020(1) and excluding subsection (2)(d) of this section is permitted after a plan per SHMC 17.132.025 is reviewed and approved and only in accordance with the approved plan. (Ord. 3264 § 2 (Att. A), 2021; Ord. 2875 § 1.160.030, 2003)
17.132.040 Permit criteria.
(1) The following approval standards shall be used by the director or designee for the issuance of a tree removal permit on sensitive lands:
(a) Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters, or water quality as evidenced by an erosion control plan which precludes:
(i) Deposits of mud, dirt, sediment or similar material exceeding one-half cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; and
(ii) Evidence of concentrated flows of water over bare soils; turbid or sediment-laden flows; or evidence of on-site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site.
(2) Within stream or wetland corridors, tree removal must maintain no less than a 75 percent canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75 percent. (Ord. 2875 § 1.160.040, 2003)
17.132.045 Incentives for tree retention.
(1) In order to assist in the preservation and retention of existing trees, the director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to SHMC 17.132.025:
(a) Density Bonus. For each two percent of canopy cover provided by existing trees over 12 inches DBH that are preserved and incorporated into a development plan, a one percent bonus may be applied to density computations of Chapter 17.56 SHMC. No more than a 20 percent bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone;
(b) Lot Size Averaging. In order to retain existing trees over 12 inches DBH in the development plan for any land division under Chapter 17.136 SHMC, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than 80 percent of the minimum lot size allowed in the zone;
(c) Lot Width and Depth. In order to retain existing trees over 12 inches DBH in the development plan for any land division under Chapter 17.136 SHMC, lot width and lot depth may be reduced up to 20 percent of that required by the underlying zone;
(d) Commercial/Industrial/Civic Use Parking. For each two percent of canopy cover provided by existing trees over 12 inches DBH that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in SHMC 17.80.030, Minimum off-street parking requirements, a one percent reduction in the amount of required parking may be granted. No more than a 20 percent reduction in the required amount of parking may be granted for any one development;
(e) Commercial/Industrial/Civic Use Landscaping. For each two percent of canopy cover provided by existing trees over 12 inches DBH that are preserved and incorporated into a development plan, a one percent reduction in the required amount of landscaping may be granted. No more than 20 percent of the required amount of landscaping may be reduced for any one development; and/or
(f) Setback Adjustment. The director may grant a modification from applicable setback requirements of this code for the purpose of preserving a tree or trees on the site of proposed development. Such modification may reduce the required setback by up to 50 percent, but shall not be more than is necessary for the preservation of trees on the site. The setback modification described in this subsection shall supersede any special setback requirements or exceptions set out elsewhere in this code, including but not limited to Chapters 17.64 and 17.108 SHMC, except SHMC 17.64.020.
(2) Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan according to SHMC 17.132.025, and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the director.
(3) A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval.
(4) The city engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. (Ord. 3144 § 2 (Att. A), 2011; Ord. 2875 § 1.160.045, 2003)
17.132.050 Expiration of approval – Extension of time. Amended Ord. 3305
(1) A tree removal permit shall be effective for one and one-half years from the date of approval.
(2) Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. (Ord. 2875 § 1.160.050, 2003)
17.132.060 Application submission requirements.
(1) Application for a tree removal permit shall be on a form provided by the director. Completed applications shall consist of this form, two copies of the supplemental data and narrative set out in subsection (2) of this section, and the required fee. Applications shall not be accepted unless they are complete as defined herein.
(2) The supplemental data and narrative shall include:
(a) The specific location of the property by address, assessor’s map number, and tax lot;
(b) The number, size, type and location of the tree(s) to be cut;
(c) The time and method of cutting or removing the tree(s);
(d) Information concerning any proposed landscaping or planting of new trees; and
(e) A narrative as to how the applicable criteria of this chapter, for example, SHMC 17.132.040(1), are satisfied.
(3) In accordance with SHMC 17.24.080, the director may waive any of the requirements in subsection (2) of this section or request additional information. (Ord. 2875 § 1.160.060, 2003)
17.132.070 Illegal tree removal – Violation – Replacement of trees.
(1) The following constitute a violation of this chapter:
(a) Removal of a tree:
(i) Without a valid tree removal permit; or
(ii) In noncompliance with any condition of approval of a tree removal permit;
(iii) In noncompliance with any condition of any city permit or development approval; or
(iv) In noncompliance with any other section of this code.
(b) Breach of a condition of any city permit or development approval which results in damage to a tree or its root system.
(2) If the director has reason to believe that a violation of this chapter has occurred, then he or she may do any or all of the following:
(a) Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester, showing that removal of the tree was permitted by this chapter;
(b) Pursuant to SHMC 17.24.390, initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard;
(c) Seek a stop order;
(d) Seek a citation; or
(e) Take any other action allowed by law.
(3) Notwithstanding any other provision of this code, any party found to be in violation of this chapter pursuant to Chapter 17.12 SHMC shall be subject to a civil penalty of up to $500.00 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following:
(a) Replacement of unlawfully removed or damaged trees in accordance with subsection (4) of this section; and
(b) Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture’s Guide for Plant Appraisal.
(4) Replacement of a tree shall take place according to the following guidelines:
(a) A replacement tree shall be a substantially similar species considering site characteristics;
(b) If a replacement tree of the species of the tree removed or damaged is not reasonably available, the director may allow replacement with a different species of equivalent natural resource value;
(c) The director may permit one or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property whenever it is not viable to place the trees on the site;
(d) The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity.
(5) In lieu of tree replacement under subsection (4) of this section, a party may, with the consent of the director, elect to compensate the city for its costs in performing such tree replacement.
(6) The remedies set out in this section shall not be exclusive. (Ord. 2875 § 1.160.070, 2003)