Chapter 12.06
STREET TREES AND STREET IMPROVEMENTS
Sections:
12.06.010 Definitions.
For the purposes of this chapter the following mean:
(1) “City” means the city of St. Helens.
(2) “Lack of street trees” means the absence of street trees along one or both sides of the street for a lineal distance of at least 100 feet centered on or within the area of major modification.
(3) “Land use decision” means a final decision or determination made by the approval authority that concerns the adoption, amendment, or application of: (a) the statewide planning goals, (b) a comprehensive plan provision, (c) a land use regulation, or (d) a new land use regulation. See ORS 197.015 for more definition.
(4) “Limited land use decision” means a final decision or determination made by a local government pertaining to a site within an urban growth boundary and concerns: (a) approval or denial of subdivision or partition; and/or (b) approval or denial of an application based upon discretionary standards designed to regulate the physical characteristics of a use permitted outright.
(5) “Major modification” means any of the following:
(a) Replacement or substantial repair of 30 lineal feet or more of sidewalk;
(b) Asphalt overlay of the entire street width of a street section longer than 50 feet; or
(c) Any underground utility repairs when such repair shall require work described in subsection (5)(a) or (b) of this section.
(6) “Person” means any natural person, copartnership, association or corporation, whether he, she, or it is acting for himself, herself, or itself, or as servant, employee, agent, or representative of another. The singular number shall include the plural and the plural the singular.
(7) “Street” means a public or private way that is created to provide ingress or egress for vehicles to one or more lots, parcels, areas, or tracts of land, and including the terms “road,” “highway,” “lane,” “avenue,” “alley,” “place,” “court,” “way,” “circle,” “drive,” or other designations.
(8) “Street tree” is defined as any living, woody perennial plant commonly achieving 10 feet or higher and normally developing a single branch-free trunk higher than six feet. Street trees are any trees planted by the city, or any tree planted by an owner or developer of a property, that is accepted by the city as a street tree. Street trees are trees on land lying within a dedicated right-of-way along either side of a street, avenue, or otherwise within a dedicated “street tree” easement. “Street tree” when installed as a requirement of this chapter may mean a shrub, bush, or other landscaping when approved by the city council. (Ord. 3141 § 1, 2010)
12.06.020 Applicability.
(1) Whenever the city undertakes a major modification as defined herein, it shall be the policy of the city to plant street trees in areas of the city where there is a lack of street trees as defined in this chapter. Plans and specifications for such planting shall be integrated into the general plan of street improvements.
(2) Whenever a person other than the city performs work that will require a major modification, as defined herein, and the major modification is not the direct result or condition of a land use decision or limited land use decision, that person shall plant street trees in areas where there is a lack of street trees as defined herein. Plans and specifications for such planting shall be integrated into the plans and specifications for such work and shall be subject to city approval pursuant to SHMC 12.04.050, 12.20.040 or 12.24.010. (Ord. 3141 § 1, 2010)
12.06.030 General provisions.
(1) Street trees shall be installed pursuant to Chapter 17.72 SHMC, except as modified on a case by case basis as approved by the city council.
(2) The city council may exempt all or some of the provisions of this chapter where it is determined that inclusion of street trees is contrary to public health, safety and welfare, will cause unnecessary hardship due to existing development or unusual topography, or determined to be impractical. (Ord. 3141 § 1, 2010)