Chapter 8.10
TREE CUTTING, DESTRUCTION
AND REMOVAL
Sections:
8.10.010 Purpose and declaration.
8.10.030 Tree removal permit required.
8.10.050 Application for tree removal permit.
8.10.060 Application review procedure.
8.10.110 Amendments to approved permits.
8.10.130 Tree protection during construction.
8.10.150 Timing of removal, display of permit – Inspection.
8.10.155 Tree removal site requirements.
8.10.160 Violation – Enforcement.
8.10.170 Alternative enforcement.
8.10.010 Purpose and declaration.
Pursuant to ORS 527.722, the city has chosen to regulate noncommercial cutting, destruction, and removal of trees in place of the Oregon Forest Practices Act. This chapter is intended to preserve and enhance the urban forest within the city of Veneta through the prudent management of existing trees, and the continual replacement and establishment of new trees compatible with an urban environment. Specifically, the council finds the following:
(1) Trees and wooded areas, especially large native trees, are a large part of the aesthetic appeal of Veneta.
(2) Trees benefit the public health, safety, and welfare by protecting air and water quality, preventing erosion and flooding, reducing energy costs, increasing property values, and providing natural beauty and contrast to the built environment which contributes to the physical and mental well-being of residents.
(3) Trees enhance the local economy and increase property values by providing an attractive and aesthetically pleasing environment.
(4) Management of Douglas fir for commercial purposes is a historic use which should continue to be accommodated while preserving those trees that have the highest value as part of Veneta’s urban forest. (Ord. 483 § 1, 2008)
8.10.020 Definitions.
(1) “Building official” means the Veneta building and planning official or designee thereof.
(2) “Critical root zone” or “CRZ” means a circular area determined by either of the following methods. The method used shall be indicated on the plans.
(a) Method A. A circular area equal to one foot in radius for every inch of tree diameter at breast height measured from the outside trunk of the tree at four and one-half feet above ground level; or
(b) Method B. 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 investigations. Reasonable alteration of the shape based on factors such as existing infrastructures, tree lean or steep slopes may be considered.
(3) “Commercial wood lot” means parcels or lots which meet the following criteria on the effective date of the ordinance codified in this chapter:
(a) The site is at least two acres in size.
(b) Trees have been actively managed and maintained on the subject property for the purpose of harvesting.
(c) The owner has supplied the city with proof that the property has been in tax-deferred status under state law provisions such as forest land deferral or small woodlands deferral for a minimum of five consecutive years immediately prior to application.
(4) “Diameter at breast height” or “dbh” means the diameter of the tree measured in inches at four and one-half feet above ground level. For trees with multiple trunks, dbh shall be measured at the narrowest point between ground level and the point where the trunk diverges, or shall be the sum of the diameters of the two largest trunks at breast height, whichever is smaller. All measurements shall be rounded to the nearest inch.
(5) “Dead” means the tree is obviously lifeless without any live leaves, needles or buds.
(6) “Dying” means the tree is in an advanced state of decline because it is diseased, infested by insects or rotting and cannot be saved by reasonable treatment or pruning, or must be removed to prevent spread of the infestation or disease to other trees.
(7) “Hazardous tree” means the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning.
(8) “Heritage tree” means any of the following which are not hazardous trees as defined above.
|
Oregon white oak |
18" or more dbh |
|
Madrone |
18" or more dbh |
|
Douglas fir |
48" or more dbh |
|
Any other tree |
36" or more dbh |
(9) “Impacted tree” means a significant tree whose critical root zone will be impacted by proposed development. Impacts include, but are not limited to, fill, cuts, soil compaction, paving, placement of structures, stockpiling of soil, utility trenching and other activities that may impact the health and viability of the tree.
(10) “Remove” means:
(a) To cut down a tree, or to damage a tree so as to cause the tree to decline and/or die within a three-year period. Types of damage which may constitute removal include but are not limited to topping, damage inflicted upon a root system by application of toxic substances, and girdling. “Removal” does not include normal trimming or pruning of trees as defined by ANSI A300 pruning standards current on the day this definition was adopted.
(b) To perform activities which result in impacts to more than 30 percent of the critical root zone if the CRZ is determined by Method A in subsection (2) of this section.
(c) To perform activities which impact any of the CRZ if determined using Method B in subsection (2) of this section.
(11) “Significant tree” means any of the following as well as trees which have been planted or individually preserved as part of a previous tree removal permit.
|
Any tree |
18" or more dbh |
|
Douglas fir |
18" or more dbh |
|
Big leaf maple |
12" or more dbh |
|
Chinquapin |
12" or more dbh |
|
Oregon ash |
8" or more dbh |
|
Pacific dogwood |
6" or more dbh |
|
Madrone |
6" or more dbh |
|
Red alder |
6" or more dbh |
|
Ponderosa pine |
6" or more dbh |
|
Western red cedar |
6" or more dbh |
|
California black oak |
6" or more dbh |
|
Oregon white oak |
6" or more dbh |
(12) “Slash” means tree tops, branches, bark and other natural debris, left after tree removal.
(13) “Street tree” means any tree planted or preserved within a dedicated street right-of-way.
(14) “Topping” means the severe cutting back of a tree’s limbs to stubs within the tree’s crown to such a degree so as to remove the natural canopy and disfigure the tree.
(15) “Tree” means any significant tree. (Ord. 542 § 2, 2017; Ord. 483 § 2, 2008)
8.10.030 Tree removal permit required.
No person shall remove or transplant any tree without first obtaining a tree removal permit as required by this chapter. (Ord. 483 § 3, 2008)
8.10.040 Exceptions.
Notwithstanding VMC 8.10.030, the following activities are allowed without a tree removal permit, unless otherwise prohibited:
(1) Removal of dead or hazardous trees, subject to city’s approval of a certified arborist’s report confirming the tree’s condition. Said report shall be submitted to city by owner. Certified arborist determinations of dead or hazardous trees shall be supported by one or more photographs of the tree in question. When trees are removed due to hazardous conditions, the owner may qualify for assistance from the city tree fund to aid in replacement of the trees removed.
(2) Agriculture, Commercial Tree Farm or Orchard. Tree removal or transplanting occurring during use of land for commercial agriculture, orchard(s), or tree farm(s) for nursery or Christmas tree production. Removal of trees for timber production requires a Type D permit.
(3) Emergencies. Actions made necessary by an emergency, such as tornado, windstorm, flood, freeze, utility damage or other like disasters, in order to prevent imminent injury or damage to persons or property or restore order, and it is impractical due to circumstances to apply for a permit.
(4) Tree removal by the city or a utility within easements, rights-of-way, or on public lands.
(5) Abatement of a nuisance as defined in Chapter 8.05 VMC. The city is not required to apply for a tree removal permit to undertake nuisance abatement pursuant to this chapter. However, the owner of the property subject to nuisance abatement is subject to all the mitigation provisions of this chapter. (Ord. 542 § 3, 2017; Ord. 483 § 4, 2008)
8.10.050 Application for tree removal permit.
(1) A person seeking to remove one or more trees shall apply for a tree removal permit Type A, B, C, or D, depending on the applicable standards as provided in this chapter.
(a) By submission of an application, the applicant shall be deemed to have authorized city employees, representatives, or consultants to have access to applicant’s property after providing 24 hours’ notice as may be necessary to verify the information provided, to observe site conditions, and, if a permit is granted, to verify that terms and conditions of the permit are followed.
(2) Time of Application. Application for a tree removal permit shall be made before removing or transplanting significant trees except in emergency situations as provided in VMC 8.10.040(3). Where the site is proposed for development necessitating site plan or tentative plat review, application for a tree removal permit shall be made concurrent with subdivision, partition, site plan review, or other development application as specified in this chapter.
(3) Fees. A person applying for a tree removal permit shall pay an application fee, as established by resolution of the city council. (Ord. 483 § 5, 2008)
8.10.060 Application review procedure.
(1) Reviewing Authority.
(a) Type A, B, or D. Where site plan review or tentative plat approval by the planning commission is not required by city ordinance, the grant or denial of the tree removal permit application shall be the responsibility of the planning official.
(b) Type C. Where the site is proposed for development necessitating site plan review or plat approval by the planning commission, the tree removal permit shall be reviewed concurrently by the planning commission.
(2) Timeline and Notice – Review Period for Complete Applications.
(a) Type A and B permit applications shall be approved or denied within 10 calendar days.
(b) Type C permit applications shall be reviewed for completeness within 30 calendar days, and final action shall take place within 120 days as required by ORS 227.178. Notice of proposed action shall be given to surrounding property owners according to Land Development Ordinance 461 Article 2. A Type C permit shall follow the hearings procedures required for the accompanying land use application. If the accompanying land use application is denied or is withdrawn or expired, the tree removal permit shall similarly be denied, withdrawn, or expired.
(c) Type D permits shall be approved or denied within 45 calendar days.
(3) Conditional Approval. Whenever an application for a tree removal permit is granted, the reviewing authority may attach to the permit any reasonable conditions considered necessary to ensure compliance with applicable standards.
(4) Tree removal permits and tree surveys shall be valid for a period not to exceed three years. (Ord. 483 § 6, 2008)
8.10.070 Type A permit.
(1) A Type A permit application will be approved when all of the following conditions are met:
(a) A completed request for Type A permit has been filed on the forms provided by the city.
(b) The request is for removal of three or fewer trees within a single 12-month period.
(c) The trees subject to removal are not heritage trees or street trees.
(d) The trees subject to removal were not retained as part of a previous site development approval or planted as mitigation for a previous tree removal.
(e) The tree removal is not to be performed in conjunction with a land development which requires a land use approval including but not limited to site plan review or amendment, subdivision, or partition approval.
(2) Tree removals under a Type A permit do not require mitigation; however, replanting is generally recommended, and recipients of Type A permits who wish to replant may qualify for assistance from the city’s tree fund. (Ord. 483 § 7, 2008)
8.10.080 Type B permit.
(1) An applicant must apply for a Type B permit to remove trees when any of the following conditions are met:
(a) The applicant proposes to remove more than three trees within a 12-month period, independent of an application for site development review; or
(b) The applicant proposes to remove a tree or trees which were preserved as part of a previous land use permit or planted as mitigation for previous tree removal; or
(c) The applicant proposes to remove a heritage tree; or
(d) The proposed tree removal is for clearing of a home site on a lot subsequent to land division approval. All trees removed for home sites prior to occupancy shall be mitigated according to the standards of this chapter.
(2) Application for the Type B permit shall contain the following information unless specifically waived by the reviewing authority under subsection (2)(g) of this section:
(a) A brief statement explaining why tree removal is being requested, to ensure that another permit type or consolidated application is not more appropriate.
(b) An accurate map, drawn to scale, which shows:
(i) The shape and dimensions of the property, and the location of any existing and proposed structures, improvements, easements and setbacks.
(ii) The location of all impacted trees on the site including critical root zones, species and/or common name, and diameter at breast height (dbh).
(c) Tree Protection. Tree protection measures in conformance with VMC 8.10.130 must be outlined to address protection of the tree trunks, canopy and soils within the critical root zones during and after the tree removal process. Examples of tree protection methods include mulching, irrigation, protective fencing, compaction reduction measures, erosion control, etc.
(d) Field Identification. All trees to be removed shall be identified by a method obvious to a site inspector, such as tagging, painting, or flagging, in addition to clear identification on construction or application documents.
(e) Mitigation Plan. A description of the proposed tree replacement program with a detailed explanation including the number, size, species, and any necessary activities to ensure viability including, but not limited to, mulching and irrigation.
(f) Existing Covenants, Conditions and Restrictions (CC&Rs). Where the applicant is proposing to remove trees on common areas governed by CC&Rs, the applicant shall provide a copy of the applicable CC&Rs, including any landscaping provisions.
(g) Waiver of Documentation. The reviewing authority may waive any of the above information requirements where the information has already been made available to the city, the information is not necessary to review the application, or alternate forms of information have been provided which provide sufficient detail to allow the reviewing official to review the application.
(3) Approval Criteria. Tree removal or transplanting pursuant to a Type B permit shall be limited to instances where the applicant has applied for a Type B permit in accordance with subsection (1) of this section, has provided complete and accurate information as required by this chapter, and where the proposal includes provisions for mitigation and tree protection in accordance with VMC 8.10.120 and 8.10.130. If the site is undeveloped and larger than one acre, the applicant shall preserve at least 25 percent of the total tree canopy area on the site. (Ord. 542 § 4, 2017; Ord. 483 § 8, 2008)
8.10.090 Type C permit.
(1) Approval to remove more than three trees on a single lot or parcel as part of a site plan review or amendment, subdivision, or partition application may be granted as a Type C permit in conformance with subsection (5) of this section.
(2) Type C permit applications shall be reviewed concurrent with the development review process. If a Type C permit or its associated development application is appealed, no trees shall be removed until the appeal has been resolved.
(3) Submittal Requirements. The applicant must provide 10 copies of a tree maintenance and protection plan completed by a certified arborist that contains a summary of existing conditions and a mitigation plan as follows:
(a) Summary of existing conditions including a topographical survey bearing the stamp and signature of a qualified, registered professional containing all the following information:
(i) Property Dimensions. The shape and dimensions of the property, and the location of any existing or proposed structures, utility installations, grading, or other improvements.
(ii) Tree Survey. The survey must include:
(A) An accurate drawing of the site based on accurate survey techniques at a minimum scale of one inch equals 100 feet including:
1. The location, dbh, and tree number of all impacted trees (see subsection (3)(a)(iv) of this section, Field Identification).
2. The critical root zone of impacted trees, and the extent of likely impacts.
3. The common name of impacted trees.
4. Heritage trees shall be clearly noted on the survey.
(B) Where a stand of 20 or more contiguous trees will be removed, the required tree survey may be simplified to accurately show the location of all heritage trees, and significant trees which are within 50 feet of the edge of the development envelope. Only these trees are required to be field tagged. Interior tree areas shall be depicted with clouds or other similar linework and the dbh, common name, and total number of all interior trees shall be accurately stated on the plans.
(C) Neighboring Properties. All impacted trees on neighboring properties shall be shown on the tree survey. If the applicant cannot obtain permission to survey the neighboring properties, the person or persons preparing the survey shall make a note to this effect on the survey and locate the trees and CRZs to the best of their ability. The survey shall show the percentage of CRZ for these trees which will be impacted by the proposed improvements.
1. When a proposal includes activities which will result in removal of trees on neighboring properties, the applicant shall include the removal of the neighboring trees in the permit application and mitigate for their removal.
(iii) Arborist Report. The report shall describe the health and condition of all heritage trees including species, common name, dbh, approximate height, and age. The report shall identify hazardous, dead, or dying trees. The report shall identify opportunities for preservation of groves or stands of trees and make recommendations regarding special tree protection and maintenance practices necessary to restore preserved trees to full health.
(iv) Field Identification. Impacted trees shall be designated with metal tags that are to remain in place throughout the development. Those tags shall be numbered, with the numbers keyed to the tree survey map that is provided with the application. See subsection (3)(a)(ii)(B) of this section regarding large groups of trees.
(v) Tree Protection. A statement addressing tree protection during construction in accordance with VMC 8.10.130.
(b) Mitigation Plan. A plan prepared by a certified arborist or landscape architect describing the proposed tree replacement program with a detailed explanation including the number, size, species, and planting location of replacement trees, and any necessary activities to ensure viability including, but not limited to, mulching and irrigation.
(4) Waiver of Documentation. The reviewing authority may waive any of the above information requirements where the information has already been made available to the city, the information is not necessary to determine conformance with applicable criteria, or alternate forms of information have been provided which provide sufficient detail to allow such a determination.
(5) Approval Standards for Type C Permits. All Type C permits submitted as part of a proposed residential development shall be reviewed under Option A in subsection (5)(a) of this section unless the applicant chooses the alternative design review available in Option B in subsection (5)(b) of this section. All commercial and industrial developments shall comply with the criteria of Option B.
(a) Option A – Numerical Preservation Standard for Residential Developments. Existing trees must be preserved. The total tree diameter on the site is the total diameter of all significant trees on the site, minus the diameter of all exempt trees as defined by this chapter. The applicant must choose one of the following options. Calculations shall be in accordance with subsection (5)(c) of this section.
(i) Preserve at least 30 percent of the total significant tree diameter on the site;
(ii) Preserve all heritage trees and at least 30 percent of the significant trees on the site;
(iii) If the site is larger than one acre, preserve at least 25 percent of the total tree canopy area on the site.
(b) Option B – Commercial/Industrial and Alternative Residential Design Review. Tree preservation and conservation as a design principle shall be equal in concern and importance to other design principles. Application of the standards of this section shall not result in a reduction of overall building square footage or loss of density, but may require an applicant to modify plans to allow for buildings of greater height, different design, or alternate location. Tree removal or transplanting pursuant to a Type C permit shall be limited to instances where the applicant has provided complete and accurate information as required by this chapter and where the reviewing authority determines that the following criteria have been met.
(i) The proposal includes provisions for mitigation and tree protection in accordance with VMC 8.10.120 and 8.10.130.
(ii) The proposed removal is necessary for the construction of roads, structures, or other site improvements and the applicant has demonstrated that there are no feasible and reasonable location alternatives and/or design options which would better preserve significant trees on the site while providing the same overall level of density and design functionality.
(iii) Other. Where the applicant shows that tree removal or transplanting is reasonable and necessary under the circumstances.
(c) Under Option A, when calculating the amount of tree diameter and the number of significant trees on the site, the applicant may choose one of the following methods of measurement:
(i) Tree Inventory. A tree inventory identifies all trees on the site, specifying location, species, and diameter of each tree; or
(ii) Statistical Sampling. Statistical sampling may be used to estimate the total tree diameter and total number of significant trees present. Sampling must be carried out by individuals with demonstrated experience performing such surveys and shall be based on generally accepted standard methodologies.
(iii) Tree Canopy. When calculating the amount of tree canopy on the site, the total canopy area is based on the most recent aerial photograph available. If the most recent aerial photograph available is more than five years old, the applicant must provide a more recent photograph. (Ord. 483 § 9, 2008)
8.10.100 Type D permit.
The owner or operator of a commercial wood lot shall apply and receive approval for a Type D permit before beginning harvesting operations of more than three trees within any 12-month period. Type D permit applications shall be reviewed by the building official.
(1) Application for a Type D permit shall include the following:
(a) Proof that the subject property is a “commercial wood lot” as defined by this chapter;
(b) A map of the property including property boundaries;
(c) The size, species and location of all significant trees other than Douglas fir;
(d) The size, species and location of all heritage trees.
(2) Approval Standards for Type D permits. An application for a Type D permit shall be granted when all of the following criteria are met:
(a) The applicant has submitted a complete application as required by subsection (1) of this section;
(b) All heritage trees other than Douglas fir will be protected according to the requirements of this chapter;
(c) All nonfir significant trees in excess of three shall be mitigated according to VMC 8.10.120 or protected according to VMC 8.10.130;
(d) All applicable standards of the Oregon Forest Practice Rules are met;
(e) The applicant has submitted and obtained approval of an erosion control plan from the city engineer; and
(f) If the tree removal proposed is a final harvest, and no further planting, maintenance, or rotation of trees is proposed, the applicant shall submit a long-term erosion control and revegetation plan for review and approval. (Ord. 483 § 10, 2008)
8.10.110 Amendments to approved permits.
(1) Amendments. The planning official may allow removal of up to a total of three additional nonheritage trees as amendments to an approved Type B permit, or up to 10 additional nonheritage trees for a Type C permit subject to the mitigation requirements of this chapter. If removal of more than this number of trees, removal of a heritage tree, or substantial changes to the mitigation plan are necessary prior to final platting or certificate of occupancy due to changes in infrastructure layout, variable field conditions, or the necessities of construction, such changes shall be reviewed by the planning official as a Type B permit subject to the mitigation requirements of this chapter. (Ord. 483 § 11, 2008)
8.10.120 Mitigation.
(1) Requirement Established. Type B or C tree removal permit grantees shall plant one replacement tree for each significant tree removed in excess of the three that could otherwise be removed under a Type A permit. Type D permit grantees shall mitigate nonfir trees as required by VMC 8.10.100(2)(c). Mitigation is not required for removal of hazardous, dead, or dying trees.
(2) Heritage trees shall be mitigated based on the following methodology:
Replacement trees = 1 + (A - Q)
Where:
A = Actual dbh of the tree in question.
Q = Minimum dbh for this species to qualify as a heritage tree.
(3) Replacement Trees. Trees planted as mitigation must meet all of the following standards:
(a) To encourage a diversity of species when four or more trees are required as mitigation, no more than 25 percent of trees planted as mitigation shall be of any one species. Use of native trees where appropriate is encouraged;
(b) All replacement trees shall be appropriately chosen for the site conditions (especially soil and hydrology) from an approved tree species list supplied by the city, and shall be state Department of Agriculture and American Association of Nurserymen (AAN) American Standards for Nursery Stock (ANSI Z60.1) for top grade;
(c) All replacement trees shall be two-inch caliper. The planning official or planning commission may allow the use of replacement Oregon white oaks and other native trees with the largest available nursery stock if two-inch caliper trees are not available;
(d) Replacement trees shall be planted prior to final plat approval for land divisions; issuance of final certificate of occupancy for other land use approvals; or within two years after the issuance of the tree removal permit. Planting shall be consistent with any applicable conditions of approval imposed within the subdivision, land development or tree removal permit approval. Mitigation requirements shall run with the land until all required mitigation has been completed;
(e) Replacement trees must be staked, fertilized, mulched, and irrigated as necessary to ensure survival; and
(f) Trees planted as mitigation for a Type C permit shall be guaranteed by the permit grantee or the grantee’s successors-in-interest for three years after the planting date through an irrevocable development agreement.
(4) Alternatives to On-Site Mitigation.
(a) Relocation or Replacement Off Site. If in the opinion of a certified arborist or landscape architect there is insufficient available space on the subject property to accommodate the required mitigation plantings, the following alternatives may be used to fulfill mitigation requirements:
(i) Replanting may occur on other property in the applicant’s ownership or control within the city, or in a city-owned or dedicated open space or park. If planting on city-owned or dedicated property, the city may specify the species, size, and location of the trees. Nothing in this section shall be construed as an obligation of the city to allow trees to be planted on city-owned or dedicated property.
(ii) Payment in Lieu of Planting. The applicant may pay into the tree fund an amount equal to the number of replacement trees required times a per-tree rate as established by resolution of the city council. In the event the land use or land division approval associated with a Type C tree permit expires and trees were removed in accordance with a tree removal permit, owner shall make a payment in lieu of planting for all required replacement trees within 10 days after expiration of the approval.
(5) Trees preserved or planted as mitigation may be used to fulfill the landscaping requirements as set forth in Veneta Land Development Ordinance Section 5.12.
(6) To encourage the retention of established trees which do not yet meet the criteria for significance, credit towards mitigation requirements shall be given on a tree-for-tree basis for preservation of the following healthy, structurally sound trees. If such trees are to be used towards meeting the mitigation requirements of this section, required tree preservation and planting plans shall include the size, species, and location of these trees, and these trees shall be given the protections required by VMC 8.10.130 and shall then be considered significant trees. Trees located within the greenway/open space subzone may not be counted towards required mitigation.
|
Big leaf maple |
2 – 12" dbh |
|
Oregon ash |
2 – 8" dbh |
|
Madrone |
2 – 6" dbh |
|
Red alder |
2 – 6" dbh |
|
Ponderosa pine |
2 – 6" dbh |
|
Western red cedar |
2 – 6" dbh |
|
Chinquapin |
2 – 6" dbh |
|
Pacific dogwood |
2 – 6" dbh |
|
Douglas fir |
2 – 6" dbh |
|
Oregon white oak |
2 – 6" dbh |
(7) Economic Development Waiver. The city council may reduce or waive mitigation requirements for developments on commercial and industrial zoned parcels when all of the criteria below are met. Request for waiver shall be made in writing to the city council following the approval of land use applications and resolution of all appeals.
(a) The applicant has complied with the landscaping requirements of Land Development Ordinance Section 5.12.
(b) The applicant is unable to meet the mitigation requirements through on-site plantings or off-site mitigation as determined by a professional landscape architect.
(c) The council determines that the proposed development will provide substantial economic, employment, and service benefits to the community including provision of family-wage jobs or services currently lacking within the city. (Ord. 542 §§ 5, 6, 2017; Ord. 483 § 12, 2008)
8.10.130 Tree protection during construction.
Where trees are to be preserved as part of a development plan, the following standards apply:
(1) All trees to be protected must be clearly differentiated from those being removed by clearly marking trees to be removed in an obvious visible manner such as bright-colored paint, ribbon, etc.
(2) Protective Barrier. Before development, vegetation removal, filling, or any land alteration for which a tree removal permit is required, the developer shall erect and maintain suitable barriers to prevent damage to remaining trees. Barriers shall be erected at the edge of the critical root zone of trees to be preserved. Protective barriers shall not be moved and shall remain in place until the city authorizes their removal or issues a final certificate of occupancy, whichever occurs first. At a minimum, barriers shall consist of 48-inch-high heavy duty, high visibility plastic fencing, or silt fencing, attached to anchored metal or wooden posts.
(3) Prior to commencement of ground-disturbing activities, the applicant shall request and receive an inspection of all tree protection barriers to ensure that the approved tree removal plans are accurately implemented on the ground. All inspection requests shall provide a minimum of 24 hours’ notice.
(4) Construction Near Preserved Trees. No person may conduct any construction activity damaging to a tree designated to remain, including, but not limited to, placing solvents, building material, construction equipment or depositing soils within the tree protection zone, attaching fencing or other items to trees, using trees as anchors, or placing irrigated landscaping within the protective barrier.
(5) Where trees are removed from within the CRZ of a tree to remain, the removal shall be done by cutting the tree near the ground and grinding the stump or leaving it in place. Removal of trees or stumps within the CRZ of a protected tree by pushing trees down or pulling trees and/or stumps out of the ground is prohibited. (Ord. 483 § 13, 2008)
8.10.140 Notice and appeal.
(1) Notice of a pending Type C permit shall be mailed to surrounding property owners in accordance with Section 2.11 of the Veneta Land Development Ordinance. For sites larger than one acre, city will provide notice of approved Type B permits via first class mail to owners of record of property on the most recent property tax assessment roll located within 100 feet of the property for which the Type B permit has been issued. Failure to provide such notice will not invalidate an approved permit, nor does the notice or lack thereof provide any right of appeal.
(2) Any decision on a Type C tree removal permit may be appealed in accordance with Section 2.07 of the Veneta Land Development Ordinance. (Ord. 542 § 7, 2017; Ord. 483 § 14, 2008)
8.10.150 Timing of removal, display of permit – Inspection.
(1) No tree removal permitted as a Type B, C, or D permit shall take place until the applicant has received a notice to proceed from the city engineer on public improvements. When no public improvements are proposed, tree removal shall not occur until building permits have been issued. The building official may make exceptions to this requirement when warranted due to extenuating circumstances or when no such permits are necessary.
(2) For applicants seeking a Type B permit to remove trees independent of site improvements, no tree removal shall take place until tree protection measures have been inspected and approved by the building official.
(3) Inspection and approval of all required tree protection measures by the building official is required prior to tree removals permitted as Type B, C, and D permits.
(4) Forty-eight hours prior to tree removal, a copy of the tree removal permit shall be prominently displayed on the subject property and shall remain on display at all times while tree removal operations are being conducted. (Ord. 483 § 15, 2008)
8.10.155 Tree removal site requirements.
Properties on which trees are removed shall be maintained in accordance with the following standards:
(1) All logging equipment shall be removed no later than 30 days after tree removal. The replacement trees shall be planted within the time limits set in VMC 8.10.120(3)(d);
(2) Property shall be maintained in conformance with VMC 8.05.060 prohibiting noxious vegetation;
(3) Slash shall be chipped within 30 days after tree removal. (Ord. 542 § 8, 2017)
8.10.160 Violation – Enforcement.
(1) Any person found to have removed a significant tree in violation of this chapter shall incur a penalty of not more than $1,000 nor less than $250.00 per violation.
(2) Any person found to have removed a heritage tree in violation of this chapter shall incur a penalty of not less than the value of the tree according to VMC 8.10.120 plus no less than $500.00 for each heritage tree removed.
(3) Failure to comply with any condition of the permit issued to the applicant shall constitute a violation of this chapter and shall subject the applicant to a fine of not more than $1,000, nor less than $500.00. Any fines collected by the city under this section shall accrue to the city tree fund.
(4) Each tree removed in violation of this chapter or any permit issued pursuant to this chapter shall constitute a separate violation.
(5) Each tree that the applicant fails to replant or replace as required by the terms of the permit, and each violation of any other condition of a permit, shall constitute a separate violation.
(6) Retroactive Permit. A person who removes a tree without obtaining a Type A permit may apply retroactively for a permit. In addition to all application requirements of this chapter, the person must be able to demonstrate compliance with all requirements of this chapter, in addition to paying an additional fee as established by resolution of the city council. Mitigation requirements of this chapter may apply to all retroactive permits.
(7) Withholding Permits and Stop-Work Orders. The building official has the authority to issue a stop-work order, withhold approval of a final plat, or withhold issuance of a certificate of occupancy, permits or inspections until the provisions of this chapter, including any conditions attached to a tree removal permit, have been fully met.
(8) Revocation of Permit. The city administrator may revoke any tree removal permit when the planning official or designee thereof has clearly demonstrated that the application was incomplete or inaccurate to such a degree as to invalidate the approval. Such a revocation may be immediately followed by a stop-work order and the applicant required to either:
(a) Revise and resubmit the permit for review and approval; or
(b) Pay fines for removing trees in violation of the permit under subsections (1) and (2) of this section.
(9) The city shall notify the property owner in writing that a violation has occurred and mitigation is required. Within 30 days of the date of mailing of the notice, the property owner shall provide a mitigation plan to the city. The plan shall provide for replacement of a tree or, at the city’s discretion, payment into the tree fund according to the standards of VMC 8.10.120. (Ord. 483 § 16, 2008)
8.10.170 Alternative enforcement.
In the event that a person, company, or other operating unit commits more than one violation of this chapter, the following alternative sentence may be imposed by the Veneta municipal court:
(1) If a person has gained money or property through the commission of an offense under this section, then upon conviction thereof the court, in lieu of imposing a fine, may sentence the person to pay an amount, fixed by the court, not to exceed double the amount of the gain from the commission of the offense.
(2) “Gain” is defined as the amount of money or value of property derived from the commission of the violation, less the amount of money or value of property seized by or surrendered to the city. “Value” shall be the greater of the market value or replacement cost as determined by a licensed professional in the tree, nursery, or landscape field. (Ord. 483 § 17, 2008)
8.10.180 Findings of fact.
The findings of fact adopted by the Veneta city council on September 22, 2008, as support for the adoption of the ordinance codified in this chapter, attached as Exhibit A, are hereby incorporated herein and made a part of this chapter. (Ord. 483 § 18, 2008)
8.10.190 Amendments.
All amendments made to this land use chapter shall be in accordance with the amendment procedures set forth in Veneta’s Land Development Ordinance. (Ord. 483 § 19, 2008)