The purpose of this chapter is to provide for the protection of heritage trees, significant trees, and trees and native vegetation in riparian corridors, as natural resources for the City, and to increase tree canopy over time by requiring tree preservation and planting of trees in all areas of the City.

(Prior Code, § 808.001; Ord. No. 31-13)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Arborist means a person who has met the criteria for certification from the International Society of Arboriculture or the American Society of Consulting Arborists and maintains a current accreditation.

Caliper means the diameter of a tree trunk measured at six inches above ground level for trunks up to and including four-inch caliper size and at 12 inches above ground level for larger sizes, when measuring nursery stock.

Critical root zone means the circular area beneath a tree established to protect the tree's trunk, roots, branches, and soil to ensure the health and stability of the tree. The critical root zone measures one-foot in radius for every one-inch of dbh of the tree or, as an alternative for non-significant trees, may be specifically determined by an arborist.

Development means to construct or structurally alter a structure or to make alterations or improvements to land for the purpose of enhancing its economic value or productivity.

Development proposal means any land division, mobile home park permit, conditional use, variance, greenway permit, planned unit development, or site plan review.

Grove means a group of trees providing at least one-half acre of canopy.

Hazardous tree means a tree that is cracked, split, leaning, has a dead top or a large dead limb high in the crown, or is otherwise physically damaged, to the degree that it is likely to fall and injure persons or property. Hazardous trees include diseased trees, meaning those trees with a disease of a nature that, without reasonable treatment or pruning, is likely to spread to adjacent trees and cause such adjacent trees to become diseased or hazardous trees.

Heritage tree means a tree designated as a heritage tree pursuant to SRC 808.010(a).

Invasive non-native vegetation means plant species that are not indigenous to Oregon and which, due to aggressive growth patterns and lack of natural enemies spread rapidly into native plant communities, and which are designated as invasive, non-native vegetation in the tree and vegetation technical manual.

Preserved means the tree appears to be healthy and shows no signs of significant damage due to construction.

Restoration means the return of a stream, wetland, or riparian corridor to a state consistent with habitat that is needed to support a healthy ecosystem.

Significant tree means:

(a)

A rare, threatened, or endangered tree of any size, as defined or designated under state or federal law and included in the tree and vegetation technical manual;

(b)

An Oregon white oak (Quercus garryana) with a dbh of 20 inches or greater; and

(c)

Any other tree with a dbh of 30 inches or greater, but excluding:

(1)

Tree of heaven (Ailanthus altissima);

(2)

Empress tree (Paulownia tomentosa);

(3)

Black cottonwood (Populus trichocarpa); and

(4)

Black locust (Robinia pseudoacacia).

Suitable for preservation means the health of the tree is such that it is likely to survive the process of development and construction in good condition and health.

Top of bank means the elevation at which water overflows the natural banks and begins to inundate the upland.

Tree means any living, woody plant, that grows to 15 feet or more in height, typically with one main stem called a trunk, which is ten inches or more dbh, and possesses an upright arrangement of branches and leaves. The term "tree" also means any tree planted under SRC 808.035, regardless of dbh. For the purposes of this chapter, in a riparian corridor, the term "tree" includes a dead or dying tree that does not qualify as a hazardous tree.

Tree and Vegetation Technical Manual means that document adopted by the Council which contains administrative regulations to implement the provisions of this chapter, including, but not limited to, lists of invasive non-native vegetation and nuisance vegetation, native vegetation which may be planted to fulfill the requirements of this chapter, identification of waterways, and planting techniques.

Tree removal means to cut down a tree or remove 30 percent or more of the crown, trunk, or root system of a tree; or to damage a tree so as to cause the tree to decline or die. The term "removal" includes, but is not limited to, topping, damage inflicted upon a root system by application of toxic substances, operation of equipment and vehicles, storage of materials, change of natural grade due to unapproved excavation or filling, or unapproved alteration of natural physical conditions. The term "removal" does not include normal trimming or pruning of trees.

Water-dependent activity means an activity which can be carried out only on, in, or adjacent to a waterway because the activity requires access to the waterway for water-borne transportation, recreation, energy production, or source of water.

(Prior Code, § 808.005; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Designation of heritage trees. The Council may, by resolution, designate a heritage tree upon nomination by the property owner, in recognition of the tree's location, size, or age; botanical interest; or historic or cultural significance.

(b)

Protection of heritage trees. No person shall remove a heritage tree unless the tree has been determined to be a hazardous tree by a certified arborist, and such determination is verified by the Planning Administrator.

(c)

Rescinding heritage tree designation. The Council shall rescind a heritage tree designation if the tree has been removed pursuant to subsection (b) of this section.

(Prior Code, § 808.010; Ord. No. 31-13)

No person shall remove a significant tree, unless the removal is undertaken pursuant to a tree and vegetation removal permit issued under SRC 808.030, undertaken pursuant to a tree conservation plan approved under SRC 808.035, or undertaken pursuant to a tree variance granted under SRC 808.045.

(Prior Code, § 808.015; Ord. No. 31-13)

No person shall remove a tree in a riparian corridor or native vegetation in a riparian corridor, unless the removal is undertaken pursuant to a tree and vegetation removal permit issued under SRC 808.030, undertaken pursuant to a tree conservation plan approved under SRC 808.035, or undertaken pursuant to a tree variance granted under SRC 808.045. Roots, trunks, and branches of trees removed in riparian corridors shall remain within the riparian corridor, unless determined to be a potential hazard or impediment to stream flow by the Director.

(Prior Code, § 808.020; Ord. No. 31-13)

No person shall, prior to site plan review or building permit approval, remove a tree on a lot or parcel that is 20,000 square feet or greater, or on contiguous lots or parcels under the same ownership that total 20,000 square feet or greater, unless the removal is undertaken pursuant to a tree and vegetation removal permit issued under SRC 808.030, undertaken pursuant to a tree conservation plan approved under SRC 808.035, or undertaken pursuant to a tree variance granted under SRC 808.045. Nothing in this section shall be construed to require the retention of trees, other than heritage trees, significant trees, and trees and vegetation in riparian corridors, beyond the date of site plan review or building permit approval, if the proposed development is other than single family residential, two family residential, three family residential, four family residential, or a cottage cluster.

(Prior Code, § 808.025; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Applicability.

(1)

Except as provided in subsection (a)(2) of this section, no trees or native vegetation protected under SRC 808.015, SRC 808.020, or SRC 808.025 shall be removed unless a tree and vegetation removal permit has been issued pursuant to this section.

(2)

Exceptions. A tree and vegetation removal permit is not required for the removal of trees or native vegetation protected under SRC 808.015, SRC 808.020, or SRC 808.025 when the removal is:

(A)

Necessary for maintenance of a vision clearance area, as required in SRC chapter 805;

(B)

Required by the City or a public utility for the installation, maintenance, or repair of roads or utilities, including water lines, sewer lines, gas lines, electric lines, and telecommunications lines. This exception does not apply to new development or construction in a riparian corridor;

(C)

Removal of a City tree, as defined under SRC 86.010, that is subject to the requirements of SRC chapter 86;

(D)

Necessary for continued maintenance of existing landscaping. For the purposes of this exception, the term "existing landscaping" means an area within a riparian corridor which was adorned or improved through the planting of flowers and trees, contouring the land, or other similar activity prior to June 21, 2000;

(E)

Necessary for the installation, maintenance, or repair of public irrigation systems, stormwater detention areas, pumping stations, erosion control and soil stabilization features, and pollution reduction facilities. Maintenance includes the cleaning of existing drainage facilities and trash removal;

(F)

Removal of invasive non-native or nuisance vegetation in riparian corridors;

(G)

Necessary for public trail or public park development and maintenance;

(H)

Necessary to conduct flood mitigation;

(I)

Necessary to effect emergency actions which must be undertaken immediately, or for which there is insufficient time for full compliance with this chapter, when it is necessary to prevent an imminent threat to public health or safety, prevent imminent danger to public or private property, or prevent an imminent threat of serious environmental degradation. Trees subject to emergency removal must present an immediate danger of collapse. For purposes of this subsection, the term "immediate danger of collapse" means that the tree is already leaning, with the surrounding soil heaving, and there is a significant likelihood that the tree will topple or otherwise fall and cause damage. The person undertaking emergency action shall notify the Planning Administrator within one working day following the commencement of the emergency activity. If the Planning Administrator determines that the action or part of the action taken is beyond the scope of allowed emergency action, enforcement action may be taken;

(J)

Removal of a hazardous tree pursuant to an order issued by the City;

(K)

A commercial timber harvest conducted in accordance with the Oregon Forest Practices Act, ORS 527.610—527.992, on property enrolled in a forest property tax assessment program, and which is not being converted to a non-forestland use. Properties from which trees have been harvested under the Oregon Forest Practices Act may not be partitioned, subdivided, developed as a planned unit development, or developed for commercial uses or activities for a period of five years following the completion of the timber harvest;

(L)

Associated with mining operations conducted in accordance with an existing operating permit approved by the Oregon Department of Geology and Mineral Industries under Oregon Mining Claim law, ORS 517.750—517.955;

(M)

Necessary as part of a restoration activity within a riparian corridor undertaken pursuant to an equivalent permit issued by the Oregon Division of State Lands and/or the United States Corps of Engineers; provided, however, that the permittee must provide, prior to the removal, a copy of the permit and all required monitoring reports to the Planning Administrator;

(N)

Removal of trees on a lot or parcel 20,000 square feet or greater, or on contiguous lots or parcels under the same ownership that total 20,000 square feet or greater, and the removal does not result in:

(i)

Removal of more than five trees or 15 percent of the trees, whichever is greater, within a single calendar year;

(ii)

Removal of more than 50 percent of the trees within any five consecutive calendar years; and

(iii)

Removal of heritage trees, significant trees, and trees in riparian corridors;

(O)

Undertaken pursuant to a tree conservation plan, required in conjunction with any development proposal for the creation of lots or parcels to be used for single family uses, two family uses, three family uses, four family uses, or cottage clusters, approved under SRC 808.035;

(P)

Undertaken pursuant to a tree conservation plan adjustment granted under SRC 808.040; or

(Q)

Undertaken pursuant to a tree variance granted under SRC 808.045.

(b)

Procedure type. A tree and vegetation removal permit is processed as a Type I procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a tree and vegetation removal permit shall include the following:

(1)

A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(A)

The total site area, dimensions, and orientation relative to north;

(B)

Site topography shown at two-foot contour intervals;

(C)

The location of any existing structures on the site;

(D)

The type, size, and location of trees and native vegetation to be preserved or removed;

(E)

The locations and descriptions of staking or other protective devices to be installed for trees and native vegetation to be preserved; and

(F)

The site plan may contain a grid or clear delineation of phases that depict separate areas where the work is to be performed.

(2)

In addition to the information required by subsection (c)(1) of this section, an application for tree or native vegetation removal connected with restoration activity in a riparian corridor shall include:

(A)

A delineation of the boundaries of the riparian corridor on the site plan;

(B)

A conceptual tree and vegetation planting or replanting plan;

(C)

A completed wetland delineation or determination, if applicable;

(D)

A grading plan, if grading is planned or anticipated;

(E)

A verification from the Department of Public Works that erosion control measures will be initiated, if required; and

(F)

A monitoring and maintenance plan, if required by Oregon Division of State Lands or the United States Corps of Engineers.

(3)

Waiver of submittal requirements for certain restoration activities in riparian corridors. The Planning Administrator may waive the requirement to submit all or part of the information required by subsections (c)(1) and (2) of this section for a restoration activity in a riparian corridor that affects less than one-quarter acre and does not require a permit from the Oregon Division of State Lands or United States Corps of Engineers.

(d)

Approval criteria. An application for a tree and vegetation removal permit shall be granted if one or more of the following criteria are met:

(1)

Hazardous tree. The tree removal is necessary because the condition or location of the tree presents a hazard or danger to persons or property; and the hazard or danger cannot reasonably be alleviated by treatment or pruning, or the tree has a disease of a nature that even with reasonable treatment or pruning is likely to spread to adjacent trees and cause such trees to become hazardous trees.

(2)

Repair, alteration, or replacement of existing structures. The tree or native vegetation removal is reasonably necessary to effect the otherwise lawful repair, alteration, or replacement of an existing structure, the footprint of the repaired, altered, or replacement structure is not enlarged, and no additional riparian corridor area is disturbed beyond that essential to the repair, alteration, or replacement of the existing structure.

(3)

Water-dependent activities. The tree or native vegetation removal is necessary for the development of a water-dependent activity, and no additional riparian corridor area will be disturbed beyond that essential to the development of the water-dependent activity.

(4)

Restoration activity within riparian corridor. The tree or native vegetation removal is required for a restoration activity within a riparian corridor designed to improve the habitat, hydrology, or water quality function of the riparian corridor, and:

(A)

The short-term impacts of the restoration activity will be minimized;

(B)

Effective erosion control measures will be implemented;

(C)

All necessary permits have been applied for or obtained; and

(D)

No trees or native vegetation will be removed unless the removal is justified for the long term benefit of the environment and is in keeping with acceptable riparian restoration guidance.

(5)

Removal of significant tree in connection with the construction of a development other than single family, two family, three family, four family, or cottage cluster. The removal of the significant tree is necessary for the construction of a development other than single family, two family, three family, four family, or cottage cluster and:

(A)

Without approval of the tree removal permit the proposed development cannot otherwise meet the applicable development standards of the UDC without a variance or adjustment.

(B)

There are no reasonable design alternatives that would enable preservation of the tree. In determining whether there are no reasonable design alternatives, the following factors, which include but are not limited to the following, shall be considered:

(i)

Streets. The removal is necessary due to:

(aa)

The location and alignment of existing streets extended to the boundary of the subject property;

(bb)

The planned alignment of a street identified in the Salem Transportation System Plan (TSP);

(cc)

A street required to meet connectivity standards, to serve property where a flag lot accessway is not possible, or where a cul-de-sac would exceed maximum allowed length;

(dd)

Any relocation of the proposed street resulting in lots that do not meet lot standards;

(ee)

A required boundary street improvement.

(ii)

Utilities. The removal is necessary due to existing or proposed utilities that cannot be relocated to an alternative location.

(iii)

Site topography. The removal is necessary due to the topography of site which will require severe grading in the critical root zone of the tree in order to comply with maximum street or intersection grades, fire department access requirements, or Fair Housing Act or ADA accessibility standards.

(e)

Conditions of approval.

(1)

Conditions may be imposed on the approval of a tree and vegetation removal permit to ensure compliance with the approval criteria.

(2)

In addition to the conditions imposed under subsection (e)(1) of this section, tree and vegetation removal permits for the removal of trees or native vegetation in connection with a restoration activity within a riparian corridor shall include the following condition:

(A)

Trees and native vegetation removed shall be replaced in compliance with the tree and native vegetation replacement standards set forth in SRC 808.055.

(Prior Code, § 808.030; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 22-22, § 1(Exh. A), 11-28-2022)

(a)

Applicability. A tree conservation plan is required in conjunction with any development proposal for the creation of lots or parcels to be used for single family uses, two family uses, three family uses, four family uses, or cottage clusters.

(b)

Procedure type. A tree conservation plan is processed as a Type I procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a tree conservation plan shall include the following:

(1)

A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(A)

The total site area, dimensions, and orientation relative to north;

(B)

Proposed lot or parcel lines;

(C)

Site topography shown at two-foot contour intervals or, when grading of the property will be necessary to accommodate the proposed development, preliminary site grading shown at two-foot contour intervals;

(D)

Identification of slopes greater than 25 percent;

(E)

The location of any existing structures on the site;

(F)

Identification of the type, size, location, and critical root zone of all existing trees on the property;

(G)

Identification of those trees proposed for preservation and those designated for removal;

(H)

The location of all utilities and other improvements;

(I)

Required setbacks for the proposed lots or parcels;

(J)

The locations and descriptions of staking or other protective devices to be used during construction; and

(K)

The site plan may contain a grid or clear delineation of phases that depict separate areas in which work is to be performed and identification of those trees proposed for preservation and those designated for removal with each phase.

(2)

In addition to the information required by subsection (c)(1) of this section, when a riparian corridor is located on the property, the tree conservation plan shall include:

(A)

A delineation of the boundaries of the riparian corridor on the site plan;

(B)

A description of the vegetation within the riparian corridor;

(C)

A tree and native vegetation replanting plan, in compliance with the standards set forth in SRC 808.055, if trees and native vegetation within the riparian corridor are proposed for removal.

(3)

An arborist report identifying the critical root zone for any non-significant tree whose critical root zone is proposed to be determined by an arborist.

(4)

For tree conservation plans designating less than 30 percent of the trees on the property for preservation, an explanation of how the mitigation measures of SRC 808.035(e) will be met.

(d)

Approval criteria.

(1)

An application for a tree conservation plan shall be granted if the following criteria are met:

(A)

No heritage trees are designated for removal.

(B)

No significant trees are designated for removal, unless there are no reasonable design alternatives that would enable preservation of such trees.

(C)

No trees or native vegetation in a riparian corridor are designated for removal, unless there are no reasonable design alternatives that would enable preservation of such trees or native vegetation.

(D)

Not less than 30 percent of all trees located on the property are designated for preservation, unless there are no reasonable design alternatives that would enable preservation of such trees.

(E)

When less than 30 percent of all trees located on the property are designated for preservation, the mitigation measures required under SRC 808.035(e) are met.

(2)

When an approval criterion in this subsection requires a determination that there are no reasonable design alternatives that would enable preservation of a tree(s), the following factors, which include but are not limited to the following, shall be considered in making such determination:

(A)

Streets. The removal is necessary due to:

(i)

The location and alignment of existing streets extended to the boundary of the subject property;

(ii)

The planned alignment of a street identified in the Salem Transportation System Plan (TSP);

(iii)

A street required to meet connectivity standards, to serve property where a flag lot accessway is not possible, or where a cul-de-sac would exceed maximum allowed length;

(iv)

Any relocation of the proposed street resulting in lots that do not meet lot standards;

(v)

A required boundary street improvement.

(B)

Utilities. The removal is necessary due to existing or proposed utilities that cannot be relocated to an alternative location.

(C)

Site topography. The removal is necessary due to the topography of site which will require severe grading in the critical root zone of the tree in order to comply with maximum street or intersection grades, fire department access requirements, or Fair Housing Act or ADA accessibility standards.

(D)

Dwelling unit density. The removal is necessary in order to meet a minimum dwelling unit density of 5.5 dwelling units per acre. In consideration of this factor:

(i)

Not more than 15 percent of the proposed dwelling units within the development shall be required to be designated for middle housing in order to meet density requirements and demonstrate there are no reasonable design alternatives enabling preservation of a tree(s); and

(ii)

The following may be excluded from the total site area for purposes of calculating density:

(aa)

Riparian corridors, provided the riparian corridor is not graded or developed;

(bb)

Areas of the site with slopes exceeding 25 percent, provided such areas are not graded or developed; and

(cc)

Open space that will preserve significant natural features, provided the perpetual maintenance and operation of the open space is provided by a home owners' association.

(e)

Mitigation measures. When less than 30 percent of all trees located on a property are designated for preservation under a tree conservation plan, any combination of one or more of the following mitigation measures shall be provided for each tree removed in excess of 70 percent:

(1)

Residential density increase. One middle housing dwelling unit or accessory dwelling unit shall be provided within the development for each tree removed. Any dwelling unit provided pursuant to this subsection is required in addition to the density requirements otherwise applicable in the zone. The lot(s) within the development that will be developed with the middle housing dwelling unit(s) or accessory dwelling unit(s) shall be specified in the conditions of the associated land division approval.

(2)

Solar power off-set. One 25-year 3-kilowatt solar array shall be provided for each tree removed. The lot(s) where the solar array(s) will be located shall be specified in the conditions of the associated land division approval.

(3)

Electric vehicle charging. One level 2 240-volt residential electric vehicle charging station shall be provided for each tree removed. The lot(s) where the charging stations will be located shall be specified in the conditions of the associated land division approval.

(4)

Open space lot. One or more lots within the development shall be designated as an open space lot planted at a minimum density of two trees for each tree removed. The replanted trees shall be of either a shade or evergreen variety with a minimum caliper of 1.5 inches. The lot(s) within the development that will be designated as an open space lot shall be specified in the conditions of the associated land division approval and shall be perpetually operated and maintained by a home owners' association.

(f)

Conditions of approval.

(1)

Conditions may be imposed on the approval of a tree conservation plan to ensure compliance with the approval criteria.

(2)

In addition to any conditions imposed under subsection (e)(1) of this section, every tree conservation plan shall include the following conditions:

(A)

All trees and native vegetation designated for preservation under the tree conservation plan shall [be] protected during construction as set for in SRC 808.046.

(B)

Each lot or parcel within the development proposal shall comply with the tree planting requirements set forth in SRC 808.050.

(g)

Expiration. A tree conservation plan shall remain valid as long as the development proposal the tree conservation plan is issued in connection with remains valid.

(Prior Code, § 808.035; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Applicability.

(1)

Except as provided under subsection (a)(2) of this section, no tree or native vegetation designated for preservation in a tree conservation plan shall be removed unless a tree conservation plan adjustment has been approved pursuant to this section.

(2)

Exceptions. A tree conservation plan adjustment is not required for:

(A)

A tree that has been removed due to natural causes; provided, however, that evidence must be provided to the Planning Administrator demonstrating the removal was due to natural causes.

(B)

Removal of a hazardous tree, subject to a tree and vegetation removal permit issued under SRC 808.030.

(C)

Removal necessary to effect emergency actions excepted under SRC 808.030(a)(2)(H).

(b)

Procedure type. A tree conservation plan adjustment is processed as a Type I procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type I application under SRC chapter 300, an application for a tree conservation plan adjustment shall include the following:

(1)

A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(A)

The total site area, dimensions, and orientation relative to north; and

(B)

Identification of the type, size, and location of those trees proposed for removal under the tree conservation plan adjustment.

(2)

In addition to the information required by subsection (c)(1) of this section, when a riparian corridor is located on the property, an application for a tree conservation plan adjustment shall include:

(A)

A delineation of the boundaries of the riparian corridor on the site plan; and

(B)

Identification of the type and location of any native vegetation within the riparian corridor proposed for removal under the tree conservation plan adjustment.

(3)

For tree conservation plan adjustments resulting in less than 30 percent of the trees in the original tree conservation plan being designated for preservation, an explanation of how the mitigation measures of SRC 808.040(e) will be met.

(d)

Approval criteria.

(1)

A tree conservation plan adjustment shall be approved if the following criteria are met:

(A)

There are special conditions that could not have been anticipated at the time the tree conservation plan was submitted that create unreasonable hardships or practical difficulties which can be most effectively relieved by an adjustment to the tree conservation plan.

(B)

When the tree conservation plan adjustment proposes the removal of a significant tree, there are no reasonable design alternatives that would enable preservation of the tree.

(C)

When the tree conservation plan adjustment proposes the removal of a tree or native vegetation within a riparian corridor, there are no reasonable design alternatives that would enable preservation of the tree or native vegetation.

(D)

When the tree conservation plan adjustment proposes to reduce the number of trees preserved in the original tree conservation plan below 30 percent, there are no reasonable design alternatives that would enable preservation of the tree and only those trees reasonably necessary to accommodate the proposed development are designated for removal.

(E)

When less than 30 percent of the trees in the original tree conservation plan are designated for preservation, the mitigation measures required under SRC 808.040(e) are met.

(2)

When an approval criterion in this section requires a determination that there are no reasonable design alternatives that would enable preservation of a tree(s), the following factors, which include but are not limited to the following, shall be considered in making such determination:

(A)

Streets. The removal is necessary due to:

(i)

The location and alignment of existing streets extended to the boundary of the subject property;

(ii)

The planned alignment of a street identified in the Salem Transportation System Plan (TSP);

(iii)

A street required to meet connectivity standards, to serve property where a flag lot accessway is not possible, or where a cul-de-sac would exceed maximum allowed length;

(iv)

Any relocation of the proposed street resulting in lots that do not meet lot standards;

(v)

A required boundary street improvement.

(B)

Utilities. The removal is necessary due to existing or proposed utilities that cannot be relocated to an alternative location.

(C)

Site topography. The removal is necessary due to the topography of site which will require severe grading in the critical root zone of the tree in order to comply with maximum street or intersection grades, fire department access requirements, or Fair Housing Act or ADA accessibility standards.

(D)

Dwelling unit density. The removal is necessary in order to meet a minimum dwelling unit density of 5.5 dwelling units per acre. In consideration of this factor:

(i)

Not more than 15 percent of the proposed dwelling units within the development shall be required to be designated for middle housing in order to meet density requirements and demonstrate there are no reasonable design alternatives enabling preservation of a tree(s); and

(ii)

The following may be excluded from the total site area for purposes of calculating density:

(aa)

Riparian corridors, provided the riparian corridor is not graded or developed;

(bb)

Areas of the site with slopes exceeding 25 percent, provided such areas are not graded or developed; and

(cc)

Open space that will preserve significant natural features, provided the perpetual maintenance and operation of the open space is provided by a home owners' association.

(e)

Mitigation measures. When a tree conservation plan adjustment results in less than 30 percent of the trees in the original tree conservation plan being designated for preservation, any combination of one or more of the following mitigation measures shall be provided for each tree removed in excess of 70 percent.

(1)

Residential density increase. One middle housing dwelling unit or accessory dwelling unit shall be provided for each tree removed. Any dwelling unit provided pursuant to this subsection is required in addition to the density requirements otherwise applicable in the zone.

(2)

Solar power off-set. One 25-year 3-kilowatt solar array shall be provided for each tree removed.

(3)

Electric vehicle charging. One level 2 240-volt residential electric vehicle charging station shall be provided for each tree removed.

(4)

Replanting. Two new trees shall be planted for each tree removed. The replanted trees shall be of either a shade or evergreen variety with a minimum caliper of 1.5 inches.

(f)

Conditions of approval. Conditions may be imposed on the approval of a tree conservation plan adjustment to ensure compliance with the approval criteria and to fulfill the intent of the original tree conservation plan, including requiring additional plantings on or off site.

(Prior Code, § 808.040; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Applicability. Tree variances may be granted to allow deviation from the requirements of this chapter where the deviation is reasonably necessary to permit the otherwise lawful development of a property.

(b)

Procedure type. A tree variance is processed as a Type II procedure under SRC chapter 300.

(c)

Submittal requirements. In addition to the submittal requirements for a Type II application under SRC chapter 300, an application for a tree variance shall include the following:

(1)

A site plan, of a size and form and in the number of copies meeting the standards established by the Planning Administrator, containing the following information:

(A)

The total site area, dimensions, and orientation relative to north;

(B)

The location of any existing structures on the site;

(C)

Identification of the type, size, and location of all existing trees on the property;

(D)

Identification of those trees proposed for preservation and those designated for removal; and

(E)

The location of roads, bridges, utilities, and other improvements;

(2)

In addition to the information required by subsection (c)(1) of this section, when a riparian corridor is located on the property, an application for a tree variance shall include:

(A)

A delineation of the boundaries of the riparian corridor on the site plan;

(B)

Identification of the type and location of any native vegetation within the riparian corridor proposed for removal.

(d)

Approval criteria. A tree variance shall be granted if either of the following criteria is met:

(1)

Hardship.

(A)

There are special conditions that apply to the property which create unreasonable hardships or practical difficulties which can be most effectively relieved by a variance; and

(B)

The proposed variance is the minimum necessary to allow the otherwise lawful proposed development or activity; or

(2)

Economical use.

(A)

Without the variance, the applicant would suffer a reduction in the fair market value of the applicant's property, or otherwise suffer an unconstitutional taking of the applicant's property;

(B)

The proposed variance is the minimum necessary to prevent a reduction in the fair market value of the applicant's property or otherwise avoid a taking of property; and

(C)

The proposed variance is consistent with all other applicable local, state, and federal laws.

(e)

Conditions of approval.

(1)

Conditions may be imposed on the approval of a tree variance to ensure compliance with the approval criteria and to limit any adverse impacts that may result from granting the tree variance.

(2)

In addition to any condition imposed under subsection (e)(1) of this section, where a variance is proposed to the requirements for the preservation of trees and native vegetation in riparian corridors, the approval shall include the following conditions:

(A)

Altered riparian corridor areas that can be reasonably restored, shall be restored; and

(B)

In no case shall alterations to the riparian corridor:

(i)

Occupy more than 50 percent of the width of the riparian corridor measured from the upland edge of the corridor; or

(ii)

Result in less than 15 feet of vegetated corridor on each side of the waterway.

(Prior Code, § 808.045; Ord. No. 31-13)

Except where specific protection requirements are established elsewhere under the UDC, any trees or native vegetation required to be preserved or protected under the UDC shall be protected during construction as follows:

(a)

Trees. All trees shall be protected during construction with the installation of an above ground silt fence, or its equivalent.

(1)

The above ground silt fence shall encompass 100 percent of the critical root zone of the tree.

(2)

Within the area protected by the above ground silt fence, the tree's trunk, roots, branches, and soil shall be protected to ensure the health and stability of the tree; and there shall be no grading, placement of fill, storage of building materials, or parking of vehicles.

(3)

Notwithstanding SRC 808.046(a)(2):

(A)

Up to a maximum of 30 percent of the critical root zone of a tree may be disturbed in order to accommodate development of the property when a report from an arborist is submitted documenting that such disturbance will not compromise the long-term health and stability of the tree and all recommendations included in the report to minimize any impacts to the tree are followed.

(B)

Fences, patios, landscaping and irrigation, and accessory and similar structures that do not require a building permit, may be placed or constructed within the critical root zone of a tree.

(b)

Native vegetation. All native vegetation shall be protected during construction with the installation of an above ground silt fence, or its equivalent.

(1)

The above ground silt fence shall be located around the perimeter of the native vegetation.

(2)

Within the area protected by the above ground silt fence, native vegetation shall not be removed and there shall be no grading, placement of fill, storage of building materials, or parking of vehicles.

(c)

Duration. Protection measures required under this section shall remain in place until issuance of notice of final completion for the dwelling unit(s) on the lot, or issuance of certificate of occupancy in all other cases.

(Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Within development proposals for the creation of lots or parcels to be used for single family uses, two family uses, three family uses, four family uses, or cottage clusters, each lot or parcel shall contain, at a minimum, the number of trees set forth in Table 808-1.

(b)

If there are insufficient existing trees on a lot or parcel to satisfy the number of trees required under Table 808-1, additional trees sufficient to meet the requirement shall be planted. The additional trees shall be a minimum 1.5-inch caliper.

(c)

When a lot includes one or more significant trees that have been designated for preservation under a tree conservation plan, the number of trees required to be replanted on the lot may be reduced by a ratio of two trees for each significant tree preserved on the lot.

(Prior Code, § 808.050; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

Where replacement of trees and native vegetation within a riparian corridor is required by this chapter, the replacement shall comply with the following:

(a)

Trees and native vegetation removed shall be replaced at an area replacement ratio of one-to-one. If there is inadequate space for replanting at or near the location where the tree or native vegetation was removed, replanting may occur elsewhere within the riparian corridor on the property.

(b)

Replacement trees shall have a minimum 1.5-inch caliper and shall be of species authorized in the Tree and Vegetation Technical Manual.

(c)

Replacement vegetation shall be of sizes and species authorized in the Tree and Vegetation Technical Manual.

(Prior Code, § 808.055; Ord. No. 31-13)

(a)

Funds collected from any grants and donations for the planting, maintenance, and preservation of trees shall go into a tree canopy preservation fund, of which 95 percent of such funds shall be designated for the acquisition, maintenance, and preservation of groves of trees within the City or the Salem-Keizer Urban Growth boundary. The remaining five percent shall be used to promote the planting of new trees as follows, at the discretion of the Director:

(1)

In a public or private park, school yard, riparian corridor, or nature area;

(2)

In public rights-of-way, except in storm or sewer easements; or

(3)

In the form of a donation to nonprofit organizations for the purposes of planting trees within the City or the Salem-Keizer Urban Growth boundary.

(b)

The City shall conduct a tree canopy study every census year, using the most economically feasible method, for the purposes of measuring the effectiveness of this chapter and other development-related ordinances in preserving and improving the amount of tree canopy area within the City or the Salem-Keizer Urban Growth boundary.

(Prior Code, § 808.060; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

In any action brought under SRC 110.110 to enforce this chapter, the following shall apply:

(a)

Stop work order. If the applicant's site plan contains a grid or phases that designate areas in which work is to be performed, only that grid area or phase in which any violation occurred shall be affected by any stop work order.

(b)

Permit revocation. In addition to the grounds set forth under SRC 110.110, a permit may be revoked if the work is a hazard to property or public safety; is adversely affecting or about to adversely affect adjacent property or rights-of-way, a drainage way, waterway, riparian corridors, significant wetlands or storm water facility; or is otherwise adversely affecting the public health, safety, or welfare.

(c)

Replanting and restoration.

(1)

Persons violating this chapter, or any permit issued hereunder, shall be responsible for providing mitigation for trees and/or native vegetation removed and restoring damaged areas through implementation of a replanting and restoration plan approved by the Planning Administrator. The plan shall require replanting for the trees and/or native vegetation removed and provide for the repair of any environmental or property damage in order to restore the site to a condition which, to the greatest extent practicable, would have existed had the violation not occurred, as verified by a qualified professional.

(2)

The planting and restoration costs included in the plan shall be equal to the monetary value of the regulated trees and/or native vegetation removed in violation of this chapter, or permit issued hereunder, as set forth in an appraisal acceptable to the Planning Administrator based upon the latest edition of "Guide for Plant Appraisals" (International Society of Arboriculture, Council of Tree and Landscape Appraisers).

(3)

Notwithstanding SRC 808.065(c)(2), when it is not possible to replant enough trees and/or native vegetation in the area to equal the appraised value of the trees and/or native vegetation unlawfully removed, the net remaining balance required to equal the appraised value of the trees and/or native vegetation unlawfully removed shall be assessed as a fee which shall be paid into the Salem City Tree Fund established under SRC chapter 86.

(d)

Prohibition of further approvals. The City shall not issue a notice of final completion for property on which a violation of this chapter has occurred or is occurring, until the violation has been cured by restoration or other means acceptable to the Planning Administrator and any penalty imposed for the violation is paid.

(e)

Injunctive relief. The City may seek injunctive relief against any person who has willfully engaged in a violation of SRC 808.035 or SRC 808.040, such relief to be in effect for a period not to exceed five years.

(Prior Code, § 808.065; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)