The purpose of this chapter is to provide construction standards for the implementation of public and private facilities and utilities such as streets, water mains, sewers, and drainage.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

Unless otherwise provided, construction, reconstruction or repair of public and private transportation facilities and utilities must comply with the provisions of this chapter. No development may occur and no land use application may be approved unless the public and private facilities related to development comply with the requirements established in this chapter and adequate public facilities are available. Applicants may be required to dedicate land and build required improvements only when the required exaction is directly related to and roughly proportional to the impact of the development.

(2)

Development must also comply with the applicable requirements of the Tualatin Municipal Code, Tualatin Public Works Construction Code, and Clean Water Services Design and Construction Standards.

(3)

Adjustments to the provisions in this chapter related to transportation facility and utility improvements shall be requested as an exception in conjunction with an Architectural Review, Subdivision, Partition, or Driveway Approach Permit application consistent with the requirements of 74.040. Adjustment to the provisions in this chapter requested under 74.040 may also be requested as a separate application through a Type II procedure.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

Improvement Standards. Street improvements must comply with the following standards:

(a)

Dedication and improvement to existing or future streets adjacent to or located on property proposed for development must be made consistent with Figures 74-1A through 74-1B. Right-of-way dedication must be for the full width of the property abutting the roadway and slope and utility easements. For development applications that will impact existing streets not adjacent to the applicant's property and require construction of street improvements to mitigate those impacts, which would require additional right-of-way, the applicant must be responsible for obtaining the necessary right-of-way from the applicable property owner(s).

(i)

For subdivisions or partitions, the dedication must be shown on the final subdivision or partition plat prior to approval of the plat by the City, or prior to releasing the security provided by the applicant to assure completion of such improvements or as otherwise specified in the development application approval.

(ii)

For all other developments, the dedication must be made to the City for use by the public prior to issuance of a Certificate of Occupancy, release of a Construction Improvement Bond, or Final Approval, whichever comes first.

(b)

Where development abuts an existing street, the improvement required must apply only to that portion of the street right-of-way located between the property line of the parcel proposed for development and the centerline of the right-of-way, plus any additional pavement and right-of-way dedication beyond the centerline necessary to meet requirements for tapering in accordance with the Public Works Construction Code.

(c)

All required street improvements must include curbs, sidewalks with appropriate buffering, storm drainage, street lights, street signs, street trees, and, where designated, bikeways and transit facilities.

(d)

In addition to land adjacent to an existing or proposed street, the requirements of this section apply to land separated from such a street only by a railroad right-of-way.

(e)

The applicant must comply with the requirements of the Oregon Department of Transportation (ODOT), Tri-Met, Washington County, and Clackamas County when a proposed development site is adjacent to a roadway under any of their jurisdictions, in addition to the requirements of this chapter.

(f)

Intersections must be improved to operate at a level of service of at least D for signalized, all-way-stop, and roundabout intersections and at least E for other unsignalized intersections.

(2)

Street Connectivity and Future Street Extensions. Streets must be extended to the proposed development site boundary and must comply with the minimum location, orientation, and spacing identified in the Functional Classification Plan (Comprehensive Plan Map 8-1), Local Streets Plan (Comprehensive Plan Map 8-3), Typical Street Design Standards (Figures 74-1A through 74-1B), Access Management (Chapter 75), and the following standards:

(a)

Local streets and major driveways, as defined in TDC 31.060, proposed as part of new residential or mixed residential/commercial developments must comply with the following standards:

(i)

Maximum Block Length and Perimeter.

(A)

The block length shall not exceed 400 feet, and the block perimeter shall not exceed 1,600 feet, except where prevented by barriers.

(B)

The maximum block length and perimeter standard may be met with a full street connection, an alley that conforms with the standards in TDC 74.070, or a mid-block pedestrian and bicycle accessway that conforms with the standards in TDC 74.100.

(ii)

Culs-de-sac.

(A)

Where provided, culs-de-sac and closed-end streets must be no longer than 200 feet and shall provide access to no more than 25 dwelling units, except for streets stubbed to future developable areas.

(B)

If the end of a proposed cul-de-sac or other closed-end street is within 150 feet of a street or other public pedestrian facility, a bicycle and pedestrian accessway shall connect the cul-de-sac/closed-end street to the pedestrian facility, unless prevented by barriers. The accessway connection must meet the standards in TDC 74.100.

(b)

For residential or mixed residential/commercial redevelopments of a site over two acres that does not meet the block length or connectivity standards in TDC 74.030(2)(a), new connections meeting these standards shall be required, provided the City Manager makes findings that the required improvements have a clear nexus with, and are roughly proportional to, the development's impacts.

(c)

Streets proposed as part of new industrial or commercial development must comply with Functional Classification Plan (Comprehensive Plan Map 8-1).

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

When, in the opinion of the City Manager, the construction of improvements in accordance with TDC 74 would result in the creation of a hazard, or would be impractical, or would be detrimental to the City, the City Manager may modify the scope of the required improvement to eliminate such hazardous, impractical, or detrimental results. Examples of conditions requiring modifications to improvement requirements include but are not limited to horizontal alignment, vertical alignment, significant stands of trees, fish and wildlife habitat areas, the amount of traffic generated by the proposed development, timing of the development or other conditions creating hazards for pedestrian, bicycle or motor vehicle traffic. The City Manager may determine that, although an improvement may be impractical at the time of development, it will be necessary at some future date. In such cases, a written agreement guaranteeing future performance by the applicant in installing the required improvements must be signed by the applicant and approved by the City. It is the intent of Figures 74-1A through 74-1B to allow for modifications to the standards when deemed appropriate by the City Manager to address fish and wildlife habitat.

(2)

When the City Manager determines that modification of the improvement requirements in TDC 74.030 is warranted pursuant to subsection (1) of this section, the City Manager must prepare written findings of modification. These findings and a determination by the City Manager must be included in the subject application for development, or the applicant may request a separate determination under this section pursuant to the Type II process.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

A traffic study must be provided with an application for development or when any of the following is proposed:

(a)

A plan amendment;

(b)

An increase in average daily site traffic volume generation of more than 100 trips;

(c)

An increase in peak hour site traffic volume generation of more 20 trips;

(d)

An increase in site traffic that results in queuing within the public right-of-way; or

(e)

An increase in site traffic where the location of an existing or proposed access driveway does not meet minimum sight distance requirements or is located on a street that is designated as restricted in TDC 75.

(2)

The traffic study must include, at a minimum:

(a)

An analysis of the existing situation, including the level of service on adjacent and impacted facilities;

(b)

An analysis of any existing safety deficiencies;

(c)

Proposed trip generation and distribution for the proposed development;

(d)

Projected levels of service on streets on which the property has frontage or takes access or contributes five percent or more to total daily or peak hour traffic volumes;

(e)

Recommendation of necessary improvements to ensure an acceptable level of service for roadways and a level of service of at least D for signalized, all-way stop, and roundabout intersections and at least E for unsignalized intersections, after the future traffic impacts are considered; and

(f)

The study must be conducted by a registered engineer in the state of Oregon.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

In new residential or mixed residential/commercial developments, private streets may be used to provide vehicular access to a site, provided they comply with the following standards:

(1)

The private street must be limited to 150 feet in length;

(2)

Private streets must comply with minimum block length, public street spacing standards, and local street connectivity as shown on the Local Streets Plan (Comprehensive Plan Map 8-3);

(3)

If the terminus of the private street is within 150 feet of a street or other public pedestrian facility, a bicycle and pedestrian accessway shall connect the private street to the pedestrian facility, unless prevented by barriers. The accessway connection must meet the standards in TDC 74.100; and

(4)

Be constructed in accordance with the Typical Street Design Standards (Figures 74-1A through 74-1B) and in accordance with all federal ADA standards and regulations.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

In new residential or mixed residential/commercial developments, public alleys may be used to provide vehicular access to a site, provided they comply with the following standards:

(1)

Alleys with a single access point must be limited to 150 feet;

(2)

The alley must be at least 25 feet wide, with a paved width of at least 20 feet;

(3)

Mountable curbs shall be installed with a minimum width of six inches;

(4)

The alley must meet minimum fire access requirements;

(5)

Each lot abutting an alley must also have frontage on a public street. Vehicle access must be derived from the alley; and

(6)

The alley must be dedicated as public right-of-way and be constructed in accordance with the Typical Street Design Standards (Figures 74-1A through 74-1B) and in accordance with all federal ADA standards and regulations.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

Easements shall be required for the following:

(a)

Greenways, natural areas, and bikeway and pedestrian paths;

(b)

Slope areas necessary to support street improvements, accessways, or utility improvements;

(c)

Public utilities, such as water, sanitary sewer, storm drainage, electric lines, cable, and gas;

(d)

Watercourse or drainage way areas that traverse development; and

(e)

Public improvement maintenance.

(2)

For subdivision and partition applications, easement areas must be dedicated to the City on the final subdivision or partition plat, prior to approval of the plat by the City.

(3)

For all other development applications, easement dedications must be submitted to the City Manager. The applicant must obtain City acceptance of the easement dedication prior to issuance of building permits or release of construction improvement bonds, whichever comes first.

(4)

When off-site public utility easements are required to serve the proposed development, the public utility easement must have an 8-foot width adjacent to the street.

(5)

When storm water easements are required, the easement must be sized to accommodate the existing water course and all future improvements in the drainage basin. There may be additional requirements as set forth in TDC Chapter 72, Greenway and Riverbank Protection District.

(6)

All easements dedicated to the City during the development application process must be surveyed, staked, and marked with a City approved boundary marker, prior to acceptance by the City.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

Where proposed development abuts or contains an existing or proposed bikeway, pedestrian path, or multi-use path identified in the Bicycle and Pedestrian Plan (Comprehensive Plan Map 8-4), it must be constructed within an easement or dedication provided to the City.

(2)

Where required, bikeways and pedestrian paths must be provided as follows:

(a)

Bike and pedestrian paths must be constructed and surfaced in accordance with the Public Works Construction Code.

(b)

The applicant must install the striping and signing of the bike lanes and shared roadway facilities, where designated.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

Mid-block accessways in residential, commercial and industrial subdivisions and partitions may be used in-lieu of full street connections and must meet the following standards.

(1)

Accessways must be constructed by the applicant and created within public rights-of-way, public tracts, or private tracts with public access easements. If created within a public right-of-way or tract, the accessway must be dedicated to the City on the final residential, commercial or industrial subdivision or partition plat, and accepted by the City.

(2)

Accessways must be provided between the proposed subdivision or partition and all of the following locations that apply:

(a)

Adjoining publicly-owned land intended for public use, including schools and parks. Where a bridge or culvert would be necessary to span a designated greenway or wetland to provide a connection, the City may limit the number and location of accessways to reduce the impact on the greenway or wetland;

(b)

Adjoining arterial or collector streets upon which transit stops, sidewalks, or bike lanes are provided or designated;

(c)

Adjoining undeveloped residential, commercial or industrial properties;

(d)

Adjoining neighborhood activity centers;

(e)

Adjoining developed sites where an accessway is planned or provided.

(3)

In designing residential, commercial and industrial subdivisions and partitions, the applicant is expected to design and locate accessways in a manner which does not restrict or inhibit opportunities for developers of adjacent property to connect with an accessway. The applicant is to have reasonable flexibility to locate the required accessways. When developing a parcel which adjoins parcels where accessways have been constructed or approved for construction, the applicant must connect at the same points to provide system continuity and enhance opportunities for pedestrians and bicyclists to use the completed accessway.

(4)

Accessways must not exceed 300 feet in length.

(5)

Accessways must be sufficiently straight that both end points are visible from any point on the accessway.

(6)

Accessways must be located and improved within a right-of-way, tract, or easement of no less than 15 feet.

(7)

Where possible, accessways must be combined with utility easements.

(8)

Accessway must have a paved width of at least ten feet, constructed of asphalt or concrete, unless pervious pavement has been approved by the City Engineer based on usage and site conditions. The slope shall not exceed five percent.

(9)

Accessways must be constructed in accordance with the Public Works Construction Code.

(10)

Curb ramps must be provided wherever the accessway crosses a curb and must be constructed in accordance with the Public Works Construction Code.

(11)

The Federal Americans With Disabilities Act (ADA) and Public Right-of-Way Accessibility Guidelines (PROWAG) apply to development in the City of Tualatin. Accessways must comply with the Oregon Structural Specialty Code's (OSSC) accessibility standards.

(12)

Lighting must be provided in an accessway to achieve a minimum lighting level of 0.5 footcandles and a maximum of two foot-candles. Lighting must be shielded to minimize glare on abutting properties.

(13)

Fences and gates which prevent pedestrian and bike access must not be allowed at the entrance to or exit from any accessway. Removable bollards are permitted to allow emergency vehicle access.

(14)

The developer must obtain City approval of final design and location of accessways.

(15)

If an accessway is not dedicated as public right-of-way, to ensure accessway maintenance over time, a maintenance agreement must be recorded that specifically requires present and future property owners to provide for liability and maintenance of the accessways to City standards.

(16)

Outdoor Recreation Access Routes must be provided between a subdivision or partition and parks, bikeways and greenways where a bike or pedestrian path is designated.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

Water Service. Water lines must be installed to serve each property in accordance with City codes and standards.

(a)

The developer must obtain City approval of water line construction prior to construction.

(b)

If there are undeveloped properties adjacent to the subject site, public water lines must be extended by the applicant to the common boundary line of these properties. The lines must be sized to provide service to future development, in accordance with the Water System Plan (Comprehensive Plan Map 9-1).

(c)

As set forth in the Water System Plan (Comprehensive Plan Map 9-1), the City has three water service levels. All development applicants must be required to connect the proposed development site to the service level in which the development site is located. If the development site is located on a boundary line between two service levels the applicant must connect to the service level with the higher reservoir elevation. The applicant may also be required to install or provide pressure reducing valves to supply appropriate water pressure to the properties in the proposed development site.

(2)

Sanitary Sewer Service. Sanitary sewer lines must be installed to serve each property in accordance with City codes and standards.

(a)

Sanitary sewer construction plans and calculations must be submitted to the City Manager for review and approval prior to construction.

(b)

If there are undeveloped properties adjacent to the proposed development site which can be served by the gravity sewer system on the proposed development site, the applicant must extend public sanitary sewer lines to the common boundary line with these properties. The lines must be sized to convey flows to include all future development from all up-stream areas that can be expected to drain through the lines on the site, in accordance with the Sewer System Master Plan (Comprehensive Plan Map 9-2).

(3)

Storm Drainage System. Storm drainage lines must be installed to serve each property in accordance with City codes and standards.

(a)

Storm drainage construction plans and calculations must be submitted to the City Manager for review and approval prior to construction.

(b)

The storm drainage calculations must confirm that adequate capacity exists to serve the site. The discharge from the development must be analyzed in accordance with the Tualatin Municipal Code and Public Works Construction Code.

(c)

If there are undeveloped properties adjacent to the proposed development site which can be served by the storm drainage system on the proposed development site, the applicant must extend storm drainage lines to the common boundary line with these properties. The lines must be sized to convey expected flows to include all future development from all up stream areas that will drain through the lines on the site, in accordance with Storm System Master Plan (Comprehensive Plan Map 9-3).

(4)

Grading. Development sites must be graded to minimize the impact of storm water runoff onto adjacent properties and to allow adjacent properties to drain as they did before the new development.

(a)

A development applicant must submit a grading plan showing that all lots in all portions of the development will be served by gravity drainage from the building crawl spaces; and that this development will not affect the drainage on adjacent properties.

(b)

The City Manager may require the applicant to remove all excess material from the development site.

(5)

Water Quality, Storm Water Detention, and Erosion Control. The applicant must comply with the water quality, storm water detention and erosion control requirements in the Tualatin Municipal Code, Public Works Construction Code, and Clean Water Services standards, including:

(a)

The applicant must construct a permanent on-site water quality facility and storm water detention facility.

(i)

For subdivision and partition applications, the applicant must submit stormwater construction plans and calculations in compliance with the Tualatin Municipal Code and obtain a Stormwater Connection Permit from Clean Water Services and must construct the improvements prior to approval of the final plat.

(ii)

For all other development applications, the applicant must submit stormwater construction plans and calculations in compliance with the Tualatin Municipal Code and obtain a Stormwater Connection Permit from Clean Water Services prior to issuance of any building permit and must construct the stormwater infrastructure prior to issuance of a Certificate of Occupancy or release of a Construction Improvement Bond.

(b)

For on-site private and regional non-residential public facilities, the applicant must submit a stormwater facility agreement, which will include an operation and maintenance plan provided by the City, for the water quality facility for the City's review and approval. The applicant must submit an erosion control plan prior to issuance of a Public Works Permit. No construction or disturbance of the site is allowed until the erosion control plan is approved by the City and the required measures are in place and approved by the City.

(6)

Undergrounding of Utilities.

(a)

All utility lines including, but not limited to, those required for gas, electric, communication, lighting and cable television services and related facilities must be placed underground. Surface-mounted transformers, surface-mounted connection boxes and meter cabinets may be placed above ground. Temporary utility service facilities, high capacity electric and communication feeder lines, and utility transmission lines operating at 50,000 volts or above may be placed above ground. The applicant must make all necessary arrangements with all utility companies to provide the underground services. The City reserves the right to approve the location of all surface mounted transformers.

(b)

Existing overhead utilities may not be upgraded to serve any proposed development. If existing overhead utilities are not adequate to serve the proposed development, the applicant must, at their own expense, provide an underground system. The applicant must be responsible for obtaining any off-site deeds and/or easements necessary to provide utility service to this site; the deeds and/or easements must be submitted to the City Manager for acceptance by the City prior to issuance of the Public Works Permit.

(7)

Utility Service to Existing Structures.

(a)

Any existing structures requested to be retained by the applicant on a proposed development site must be connected to all available City utilities at the expense of the applicant.

(b)

The applicant must convert any existing overhead utilities serving existing structures to underground utilities, at the expense of the applicant.

(c)

The applicant must be responsible for continuing all required street improvements adjacent to the existing structure, within the boundaries of the proposed development site.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

Street light poles and luminaries must be installed in accordance with the Public Works Construction Code.

(2)

The applicant must submit a street lighting plan for all interior and exterior streets on the proposed development site prior to issuance of a Public Works Permit.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

A street name must not duplicate or be confused with the names of existing streets in the Counties of Washington or Clackamas, except for extensions of existing streets. Street names and numbers must conform to the established pattern in the surrounding area.

(2)

The City Manager must maintain the approved list of street names from which the applicant may choose. Prior to the creation of any street, the street name must be approved by the City Manager.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

Traffic control signs may be required by the City and must comply with the Public Works Construction Code and the Manual on Uniform Traffic Control Devices (MUTCD).

(2)

The size, type, location, and placement of the signs must be approved by the City, prior to issuance of building permits.

(3)

The applicant must install street name signs at all street intersections, in accordance with standards adopted by the City.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

Applicability and Authority. The City Manager has jurisdiction over all trees planted or growing in or upon the public rights-of-way of the City and their planting, removal, care, maintenance and protection. It is unlawful for a person to remove or injure a tree that is planted or growing in or upon a public right-of-way within the City, without a written permit from the City Manager.

(2)

Development Review. The location, type, size, and placement of street trees must be approved by the City.

(a)

In residential subdivisions and partitions, the applicant must furnish and install street trees, prior to approval of final plat.

(b)

For all other developments, street trees must be planted by the owners of the individual lots prior to Certificate of Occupancy or release of a Construction Improvement Bond.

(3)

Street Tree Species and Planting Locations. All trees planted in the right-of-way of the City must conform in species and location with the street tree plan and City standards.

(4)

Open Ground. When impervious material or substance is laid down or placed in or upon a public right-of-way near a tree, at least 25 square feet of open ground for a tree up to three inches in diameter must be provided about the base of the trunk of each tree.

(5)

Protection of Trees During Construction.

(a)

During the construction, repair, alteration or removal of a building or structure, trees in or upon a public right-of-way in the vicinity of the building or structure must be protected with a sufficient guard or fence to prevent injury to the tree.

(b)

Excavations and driveways must not be placed within six feet of a tree in or upon a public right-of-way without written permission from the City Manager. During excavation or construction, the person must guard the tree within six feet and all building material or other debris must be kept at least four feet from any tree.

(6)

Street Tree Voluntary Planting. A person who desires to plant a tree in or upon a public right-of-way may submit a request to the City with payment of fee(s) so that the City may plant a street tree. If a stump exists where a street tree is to be planted, the person must remove the stump or pay a fee to the City, as established in the Tualatin Fee Schedule, so that the City may remove the stump on behalf of the person. In all instances, a person who desires to plant a tree must comply with other applicable TDC sections and any additional requirements of the City Manager.

(7)

Attachments to Trees. It is unlawful for a person to attach or keep attached a rope, wire, chain, sign or other device to a tree in or upon a public right-of-way or to the guard or stake intended for the protection of such tree.

(8)

Maintenance Responsibilities. Trees, plants, or shrubs standing in or upon a public right-of-way, on public or private grounds that have branches projecting into the public street or sidewalk must be kept trimmed by the owner of the property adjacent to or in front of where such trees, plants, or shrubs are growing so that:

(a)

The lowest branches are a minimum of 12 feet above the surface of the street and a minimum of 14 feet above the surface of streets designated as state highways or County Roads.

(b)

The lowest branches are a minimum of eight feet above the surface of a sidewalk or footpath.

(c)

A plant, bush, or shrub must not be more than 24 inches in height in the triangular area at the street or highway corner of a corner lot, or the alley-street intersection of a lot, such an area defined by a line across the corner between the points on the street right-of-way line measured ten feet back from the corner, and extending the line to the street curbs or, if there are no curbs, then to that portion of the street or alley used for vehicular traffic. Plants, bushes, or shrubs must also be trimmed to provide adequate sight distance for drivers pulling out from streets, driveways, and other intersections.

(d)

Newly planted trees may remain untrimmed if they do not interfere with street traffic or persons using the sidewalk or obstruct the light of a street electric lamp.

(9)

Notice of Violation. When the owner, lessee, occupant or person in charge of private grounds neglects or refuses to trim a tree, shrub, or plant as provided in this section, the City Manager may provide a written notice of violation. The notice must be served upon the owner, lessee, occupant or person in charge either by "Certified Mail-Return Receipt Requested," or by posting the same notice on the property or near to the trees, shrubs or plants to be trimmed.

(a)

If the owner, lessee, occupant or person in charge of the property fails and neglects to trim the trees, shrubs, or plants within ten days after service of the notice, the City Manager may trim the trees, shrubs or plants. Such trimming by the City does not act to relieve such owner, lessee, occupant or person in charge of responsibility for violating this Chapter.

(b)

A person who fails to trim a tree or shrub for which notice to do so was provided, must, upon conviction, be fined not more than $100.00.

(10)

Street Tree Emergencies. If emergency conditions require the immediate cutting or removal of street trees to avoid danger or hazard to persons or property, the City Manager may issue emergency permits without payment of fees and formal applications. If the City Manager is unavailable, the adjacent property owners may proceed to cut the trees without permits to the extent necessary to eliminate the immediate danger or hazard. If a street tree is cut under this section without filing an application with the City Manager, the person doing so must report the action to the City Manager within two City business days without payment of fee and must provide such information and evidence as may be reasonably required by the City Manager to explain and justify the removal.

(a)

In all instances, a person who removes a street tree as a result of an emergency must replace it within 60 days of notifying the City Manager. The City reserves the right to waive this requirement.

(b)

A person who fails to comply with TDC 74.150(9) must pay an enforcement fee, and a restoration fee to the City of Tualatin, as set forth in TDC 33.110, in addition to civil penalties in TDC 31.111.

(c)

If no emergency is found to exist, no person must cut or remove a street tree without complying with the requirement of the Tualatin Development Code.

(11)

Removal or Treatment by City. The City Manager may remove or require removal of a tree, plant, or shrub growing in or upon a public right-of-way when its nature causes an unsafe condition, is injurious to sewers or public improvements, or is affected with a fungus disease, insect, or other pest. When, in the opinion of the City Manager, trimming or treatment of a tree or shrub located on private grounds, but having branches extending over a public right-of-way is necessary, the City Manager may trim such branches or order the branches to be trimmed.

(12)

Street Tree Removal Permit and Fees. A person who desires to remove a tree, as defined in TDC 31.060, in or upon public right-of-way must submit an application to the City.

(a)

Upon the City Manager approving the removal of a street tree, the applicant or designated contractor must replace each removed tree on a one-for-one basis by fulfilling the following requirements:

(i)

Remove both the tree and stump prior to planting a replacement tree, or request the City to remove the tree and stump and pay the applicable fee(s) established in in the City of Tualatin Fee Schedule; and

(ii)

Replace the removed tree by planting a species of street tree permitted by the City within the time period specified in writing by the City Manager; or, the applicant may request within 60 days of the permit approval date that the City replace the street tree and pay the applicable fee(s) established in the City of Tualatin Fee Schedule. If an applicant opts for the City to plant the replacement tree, the City may plant the tree on its usual tree-planting schedule. Planting done by the applicant or designated contractor must comply with all applicable TDC sections and any additional requirements imposed by the City Manager.

(iii)

The applicant must comply with all applicable TDC sections and additional requirements imposed by the City Manager. The City Manager may waive the one-for-one replacement requirement if the City Manager determines that the replacement would:

(A)

Conflict with public improvements or utility facilities, including, but not limited to, fire hydrants, water meters and pipes, lighting fixtures, traffic control signs; private improvements or utility facilities—including, but not limited to, driveways and power, gas, telephone, cable television lines; or, minimum vision clearance;

(B)

Interfere with the existing canopy of adjacent trees, the maturation of the crown of the proposed replacement tree, or both;

(C)

Cause a conflict by planting trees too close to each other, hurting their health; and

(D)

Direct how to plant replacement tree(s).

(b)

A person who fails to comply with the street tree removal permit must pay an enforcement fee and a restoration fee to the City of Tualatin, as set forth in TDC 33.110, in addition to civil penalties in TDC 31.111.

(c)

A person who applies to remove a street tree must pay all costs incurred by the City as reflected in the applicable fees listed in the city of Tualatin Fee Schedule. City actions and associated fees include but are not limited to inspection of a street tree requested for removal, removal of a street tree, removal of a stump, planting of a street tree, and inspection(s) to determine if the applicant has fulfilled permit requirements.

(d)

When a street tree removal permit is denied by the City Manager, an order is issued by the City Manager directing certain trees, shrubs or plants to be trimmed or removed, or a permit is granted by the City Manager containing conditions which the applicant deems unreasonable, the applicant may appeal to the Council in writing and filed with the City Recorder within ten City business days after the denial of the permit sought or the making of the order the appellant deems unreasonable. After hearing, the Council may either grant or deny the application, rescind or modify the order from which the appeal was taken.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)

(1)

Public Improvements. Except as specially provided, all public improvements must be installed at the expense of the applicant.

(a)

All public improvements installed by the applicant must be constructed and guaranteed as to workmanship and material as required by the Public Works Construction Code prior to acceptance by the City. Work must not be undertaken on any public improvement until after the construction plans have been approved by the City Manager and a Public Works Permit issued and the required fees paid.

(b)

In accordance with the Tualatin Basin Program for fish and wildlife habitat the City intends to minimize or eliminate the negative impacts of public streets by modifying right-of-way widths and street improvements when appropriate. The City Manager is authorized to modify right-of-way widths and street improvements to address the negative impacts on fish and wildlife habitat.

(c)

Sidewalks must be maintained, repaired, and upkept in accordance with the Tualatin Municipal Code by the property owner.

(2)

Private Improvements. All private improvements must be installed at the expense of the applicant. The property owner must retain maintenance responsibilities over all private improvements.

(3)

Construction of Improvements and Phasing.

(a)

All public and private improvements required under this chapter must be completed and accepted by the City prior to the issuance of a Certificate of Occupancy or release of a Construction Improvement Bond; or, for subdivision and partition applications, in accordance with the requirements of the Subdivision regulations.

(b)

The applicant may build the development in phases. If the development is to be phased the applicant must submit a phasing plan to the City Manager for approval with the development application. The timing and extent or scope of public improvements and the conditions of development must be determined by the City Council on subdivision applications and by the City Manager on other development applications.

(Ord. No. 1451-25 meeting, § 13, 8-11-25)