The purpose of this chapter is to establish regulations and procedures for preservation and protection of trees, to retain and protect trees with development, and to ensure that the city and any areas that may become part of the city will continue to realize the benefits provided by its tree canopy.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

Unless otherwise exempted, any site subject to a development within the city of Ridgefield shall be required to develop a tree plan and shall be required to meet the minimum tree density herein created.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

The following activities are exempt from a tree plan.

A.

Emergencies. Removal of trees necessary to protect public safety or private or public property from imminent danger, as determined by an arborist or accredited landscape architect.

B.

Residential parcels. Removal of trees on lots which 1) have an existing single-family residence, and 2) which cannot be further divided in accordance with the parcel's underlying zoning. Such exemption shall not apply to lots subject to a previously approved tree plan.

C.

Undeveloped property. Removal of up to a total of six trees from an undeveloped parcel within any consecutive thirty-six-month period, if the parcel is intended to remain undeveloped for a period of six years. Such intent shall be recorded in a covenant with a copy provided to the community development director.

D.

Minor development. A tree plan is not required for any site disturbance less than one thousand square feet and where no tree will be removed or adjacent tree(s) impacted.

E.

No trees. A tree plan is not required for development on sites with no existing trees, provided the terms of (C) have not been violated.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

In order to obtain approval of a tree plan, an applicant shall submit a plan to the city, prepared by an arborist or accredited landscape architect, that is drawn to scale and includes the following:

1.

Approximate location of all existing trees on-site and within fifteen feet of the site. Trees located within a protected critical area or buffer that are not proposed to be cut may be omitted from the plan;

2.

Exact location, species, diameter at breast height (dbh), and dripline of each Oregon white oak six inches dbh or larger, each other native tree twelve inches dbh or larger, and each tree twenty-four inches dbh or larger;

3.

Account of the health or hazard condition and recommendations for treatment for each tree in (1) and (2);

4.

Identification of trees proposed to be cut and retained;

5.

Tree density calculations for existing trees to be preserved and trees proposed for planting;

6.

Replacement tree planting plan;

7.

Location and type of tree protection measures to be installed per RDC 18.840.080;

8.

Identification of the contact person responsible for preparing tree preservation and protection plan;

9.

Location of existing and proposed roads, water, sanitary and storm sewer, and other utility lines/facilities and easements;

10.

Location of existing and proposed structures;

11.

Grade change or cut and fill during and/or after construction;

12.

Existing and proposed impervious surfaces; and

13.

Any other information reasonably required by the city.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

Tree plans submitted with a land use application shall be reviewed concurrently with the application.

B.

Any other tree plan shall be reviewed using a Type I procedure.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

Alternative compliance. All tree removal activities regulated by this chapter shall be performed in compliance with the applicable standards in the chapter unless the applicant demonstrates that alternate measure or procedures will be equal or superior to the provisions of this chapter in accomplishing the purposes of this chapter. Such alternative measures and procedures are subject to approval by the community development director.

B.

Design standards. For all non-exempt development, the following standards shall apply.

1.

In designing a development project and in meeting the required minimum tree density, the applicant should prioritize preservation of existing trees over removal and replacement.

2.

The applicant shall prepare the required tree plan with the following order of tree preservation priority.

a.

Heritage trees.

b.

Oregon white oaks six inches dbh or larger.

c.

Groves of three or more trees with a minimum individual tree size of twelve inches dbh and with overlapping or touching crowns.

d.

Other native trees twelve inches dbh or larger or any trees twenty-four inches dbh or larger.

3.

Trees to be preserved must be healthy, wind-firm, and appropriate to the site at their mature size, as identified by an arborist or accredited landscape architect, A tree may be excluded from preservation if it has one of the following conditions, and that condition cannot be corrected with reasonable arboricultural practices or site redesign:

a.

The tree has a combination of structural defects and/or disease which makes it subject to a high probability of failure.

b.

The tree is causing obvious physical damage to public or private property.

4.

When replacement trees are required to meet the minimum tree density, they shall be planted in the following order of priority.

a.

Trees planted within or adjacent to designated critical areas and buffers.

b.

Trees planted adjacent to stormwater facilities.

c.

Trees planted in common open space.

d.

Trees planted in entrance landscaping areas or other prominent landscaping areas.

e.

Trees planted on individual residential building lots.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

Minimum tree density. The required minimum tree density is twenty tree units per acre or the existing tree density, whichever is less, for new development and new site disturbance in existing developments.

1.

The tree density may consist of existing trees, replacement trees, or a combination thereof pursuant to the priorities established in RDC 18.840.060.

2.

Each required street tree may be counted as 0.5 tree units.

3.

Minimum tree density does not apply in zones where one hundred percent impervious surface coverage is permitted.

B.

Tree density calculation.

1.

City right-of-way, areas to be dedicated as city right-of-way, and required pervious surface where trees are not appropriate as determined by the city (e.g., athletic fields) shall be excluded from the area used for calculation of tree density.

Table 18.840.070-1. Tree Density for Existing Trees

Table 18.840.070-2. Tree Density and Size Requirements for Replacement Trees

C.

Replacement tree planting standards. Trees shall be planted pursuant to the planting standards delineated herein.

1.

Trees required to meet minimum tree density shall be planted according to the following priority:

a.

On-site.

b.

Offsite. When room is unavailable for the required trees on-site, they may be planted at another location as approved by the responsible official.

2.

Replacement trees shall optimize tree diversity and inclusion of native species.

3.

Unless otherwise provided in this chapter, replacement trees shall be subject to the installation and maintenance standards in RDC 18.725.080 and RDC 18.725.090.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

Except as otherwise determined by the community development director, all required tree protection measures set forth in this section shall be instituted prior to any development activities, including, but not limited to, clearing, grading, excavation or demolition work, and shall be removed only after completion of all construction activity, including landscaping and irrigation installation.

B.

The "tree protection zone" shall be defined as the area reserved around a tree or group of trees in which no grading, access, stockpiling, or other construction activity shall occur.

C.

Orange silt fence shall be installed at the edge of the tree protection zone or dripline, whichever is greater, and at the boundary of any open space tracts or conservation easements that abut the parcel being developed prior to any grading or excavation on the site.

D.

Approved signs shall be attached to the silt fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the community development director and arborist for the project.

E.

No construction activity shall occur within the tree protection zone, including, but not limited to, dumping or storage of materials such as building supplies, soil, waste items, or parked vehicles or equipment.

F.

The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, and concrete or dry wall excess, construction debris, stockpiled soil, or runoff.

G.

No excavation, trenching, grading, root pruning or other activity shall occur within the tree protection zone unless directed by an arborist present on-site and approved by the director.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

The city shall develop an inventory of heritage trees that shall satisfy the criteria of this section. The initial inventory shall be the responsibility of the community development director (director) and shall be updated annually. The city council, planning commission, parks board, homeowner association, a property owner, or any person may recommend to the city that a tree be designated a heritage tree.

B.

The heritage tree designation may be applied to a tree or grove of trees.

C.

The city council shall hold at least one public hearing on the proposed designations. The city shall notify each property owner by certified or registered mail when a tree on the owner's property has been proposed for designation to the heritage tree inventory. The notice and a response form shall be mailed at least thirty calendar days prior to the public hearing. The owner of the property may object to such designation in writing to the city council prior to the public hearing or at the public hearing.

D.

After the city council completes its hearing, it shall establish a list of heritage trees based on the criteria found in this section. Decisions of the city council may be appealed to the hearings examiner by any aggrieved party.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

For any individual tree or grove of trees to be listed as a heritage tree(s), it must be in an apparently healthy growing condition and one or more of the following exist:

1.

The tree has a diameter (at breast height) of thirty-six inches or greater;

2.

The tree has a distinctive size, shape, or location, or is of a distinctive species or age which warrants a heritage tree status;

3.

The tree possesses exceptional beauty which warrants a heritage tree status;

4.

The tree is distinctive due to a functional or aesthetic relationship to a natural resource, such as trees located along stream banks or trees located along ridge lines; or

5.

The tree has a documented association with a historical figure, property, or significant historical event.

B.

A grove may be considered for heritage grove status if it is apparently in a healthy growing condition and one or more of the following criteria:

1.

The grove is relatively mature and is of a rare or unusual nature containing trees that are distinctive either due to size, shape, species or age;

2.

The grove is distinctive due to a functional or aesthetic relationship to a natural resource, such as trees located along stream banks, or trees located along ridge lines; or

3.

The grove has documented association with a historical figure, property, or significant historical event.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

When development is proposed for property which may contain a heritage tree, and the director determines that the proposed development may affect a heritage tree, the property owner must have a tree preservation plan prepared by a qualified professional demonstrating how the heritage tree will be protected and preserved. A heritage tree shall be preserved unless the city council determines that the tree may be removed based on the removal criteria for heritage tree in the following section.

B.

A tree preservation plan shall be composed of the following:

1.

A site plan indicating the location of heritage trees.

2.

The methods to be used to preserve the heritage trees.

3.

If a heritage tree is proposed for removal, a narrative statement outlining the reasons why the heritage tree should be removed.

4.

A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as the result of development.

C.

Site design adjustments may be allowed in some cases, as follows:

1.

The Director may grant a variance to front, side, and/or rear yard setback standards by up to twenty percent to retain a heritage tree(s). The adjustment shall be the minimum necessary to accomplish preservation of trees on-site and shall not conflict with the Uniform Building Code or other adopted ordinances or conditions placed on the property.

2.

The director may grant a ten-percent variance to the lot size and/or a ten-percent variance to the lot width and/or lot depth standards in approving a short plat or other land division if necessary to retain heritage trees. The director may accept a preliminary plat application and recommend approval to the hearing body of a plat which provides for similar variance to lot size, width and depth standards if necessary to retain heritage trees.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

A.

Except for the provisions in this section, no person may cut or remove a heritage tree without obtaining approval from the city council. The tree removal permit shall be approved if one of the criteria is satisfied:

1.

Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible in that the development would not be allowed to meet the maximum density allowed by the applicable zoning or would require special design features that would significantly increase the cost of development by ten percent or more.

2.

The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions of the Development Code will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties.

3.

The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public.

4.

The tree has lost its importance as a heritage tree due to damage from natural or accidental causes, or is no longer of historic or natural significance.

5.

The tree needs to be removed to accomplish a public purpose and no practical alternative exists.

B.

The limb structure, or crown, of a heritage tree may be pruned in any one year period without obtaining approval from the director, provided that at least eighty percent of the existing tree crown remains undisturbed. Any person who wishes to prune a heritage tree in excess of twenty percent of the existing crown shall obtain approval from the director subject to the following conditions:

1.

The protected tree shall be pruned following acceptable arboricultural standards.

2.

The tree shall be pruned in a manner which ensures safety to public and private property and shall be done by a qualified professional.

3.

Any other conditions necessary to ensure compliance with the requirements of the community development plan.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)

Any violation of the terms of Chapter 18.840 shall be enforced in accordance with the procedures or RDC 18.395. Each tree involved in the violation constitutes a separate offense. The following remedies shall apply for violations of this chapter in addition to the remedies available in RDC 18.395:

A.

Voluntary Compliance Process. A voluntary compliance agreement shall contain the following:

1.

A commitment by the violator to submit and carry out a tree replacement program that is approved by the city manager, or designee. The agreement shall require at minimum the planting of replacement trees at a 1:1 inch per inch (DBH) ratio to the trees removed in violation of this chapter. The size and quality of the mitigation nursery stock shall be approved by the city. If the applicant's property is deemed inadequate in size to accommodate the replacement trees, then a fee may be paid into a fund dedicated to parks maintenance at the minimum rate for installation of a one and three-quarter-inch caliper tree to city standards.

2.

Trees that have been planted as part of a mitigation planting will not be covered by the minimum thresholds for trees requiring a permit for removal.

B.

Penalties. Any person or organization causing the illegal removal of a tree who does not enter into a voluntary compliance agreement may be fined a sum not to exceed the equivalent of three times the appraised value of the tree based on the latest revision of the council of tree and landscape appraiser's evaluation method but in any case an amount not less than one thousand dollars per violation.

(Ord. No. 1426, § 2(Exh.), 7-25-2024)