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A. Requirement Established. Type B or C tree removal permit grantees shall plant one replacement tree for each significant tree removed in excess of the tree that could otherwise be removed under a Type A permit. Type D permit grantees shall mitigate nonfir trees as required by subsection (B) of this section. Mitigation is not required for removal of hazardous, dead, or dying trees.

B. 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.

C. Replacement Trees. Trees planted as mitigation must meet all of the following standards:

1. 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;

2. 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;

3. 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;

4. Replacement trees shall be planted prior to plat for land divisions and prior to issuance of final certificate of occupancy for other applications. Mitigation requirements shall run with the land until all required mitigation has been completed;

5. Replacement trees must be staked, fertilized, mulched, and irrigated as necessary to ensure survival; and

6. 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.

D. Alternatives to On-Site Mitigation.

1. 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:

a. 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.

b. 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.

E. Trees preserved or planted as mitigation may be used to fulfill the landscaping requirements as set forth in Chapter 18.105 TMC.

F. To encourage the retention of established trees which do not yet meet the definition of a significant tree, 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 in accordance with TMC 18.100.080 and shall then be considered significant trees. Trees located within the floodplain, parks, and greenway zone (OFPG) may not be counted towards required mitigation.

Big leaf maple

8" dbh or larger

Oregon ash

8" dbh or larger

Madrone

6" dbh or larger

Red alder

6" dbh or larger

Ponderosa pine

6" dbh or larger

Western red cedar

6" dbh or larger

Chinquapin

6" dbh or larger

Pacific dogwood

6" dbh or larger

Douglas fir

6" dbh or larger

Oregon white oak

6" dbh or larger

[Ord. 918 § 2 (Exh. A), 2016; Ord. 817 § 8-3J.360, 2006.]