18.135.030 Permission to plant or remove.
The removal of public trees should be compatible with guidelines adopted by the Oregon Department of Forestry. Except for the purposes of removal of dying or hazardous branches, maintenance by city crews, or pruning for purposes of maintaining tree health, no person shall plant, remove, cut above the ground, or disturb any public tree until a permit has been issued by the community development department. A permit for the removal of any public tree shall be in accordance with the tree preservation and protection requirements of Chapter 18.100 TMC and shall also require a right-of-way permit. Applicants for a removal permit may be required to mitigate the removal of tree or trees in accordance with the provisions of TMC 18.100.070, Mitigation.
Planting of public trees shall generally follow construction of curbs and sidewalks; however, the city may defer tree planting until final inspection of completed dwellings to avoid damage to trees during construction. When public trees are proposed, their selection and installation shall be according to the following requirements:
A. Species Selection. Trees shall be selected from the city’s adopted tree list and shall be appropriate for the planning location based on the criteria found therein.
B. Caliper Size. All street trees shall be a minimum of two-inch caliper at time of planting.
C. Spacing and Location. Street trees shall be planted within the street right-of-way within existing and proposed planting strips or in sidewalk tree wells on streets without planting strips, except when utility easements occupy these areas. Street tree spacing shall be determined by the type of tree(s) selected and the canopy size at maturity and, at a minimum, the planting area shall contain 16 square feet or, typically, four feet by four feet. In general, trees shall be spaced at 30- to 40-foot intervals, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers. All public trees shall be placed outside utility easements and clear vision areas.
D. Growth Characteristics. Trees shall be selected based on climate zone, growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following should guide tree selection by developers and approval by the city:
1. Provide a broad canopy where shade is desired, except where limited by available space.
2. Use low-growing trees for spaces under low utility wires.
3. Select trees which can be “limbed-up” to comply with vision clearance requirements.
4. Use species with similar growth characteristics on the same block for design continuity.
5. Use deciduous trees for summer shade and winter sun, unless unsuited to the location due to soil, wind, sun exposure, annual precipitation, or exhaust.
E. Replacement. Replacement of public trees shall be the responsibility of the developer for a period of two years from the time of planting, and shall be guaranteed through a warranty bond prior to final plat. [Ord. 918 § 1 (Exh. A), 2016; Ord. 817 § 8-3J.1020, 2006.]