18.100.060 Permit types | Talent Municipal Code

18.100.060 Permit types.

1. Type A permit applications 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 a single tree within a single 12-month period.

c. The trees subject to removal are not heritage trees or public 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 request is not proposed in conjunction with 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, if available.

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 two or more 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 (B)(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 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, species, size within five years, size at maturity 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 community development director 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 community development director 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 (B)(1) of this section and has provided complete and accurate information as required by this chapter.

1. Approval to remove two or more 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 (C)(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.

(A) The survey must include 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, number of trees, tree size as dbh (see definition of “diameter at breast height” in TMC 18.100.020), and proposed trees for removal.

(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.

v. Tree Protection. A statement addressing tree protection during construction. See TMC 18.100.080.

b. Mitigation Plan. A plan prepared in accordance with TMC 18.100.070 by a certified arborist or landscape architect describing the proposed tree replacement program with a detailed explanation including the number, species, size at five years, size at maturity 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 planning commission 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 (C)(5)(a) of this section unless the applicant chooses the alternative design review available in Option B in subsection (C)(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 (C)(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.

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; or

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.

D. 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 community development director.

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 (D)(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;

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. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.350, 2006.]