Chapter 5.16
TIMBER HARVESTING
Sections:
5.16.030 Tree falling prohibition.
5.16.040 Tree falling permits for less than five acres.
5.16.050 Tree falling permits for more than five acres.
5.16.060 Criteria for tree falling.
5.16.100 Violations—Penalties.
5.16.010 Purpose.
The purpose of this chapter is to provide general guidelines to assist the city staff, the planning commission and the council in regulating timber harvesting activities within the incorporated boundaries of the city and its urban growth boundary. (Ord. 789 § 1, 1991)
5.16.020 Definitions.
As used in this chapter:
“Fall” means to remove or sever a tree for the intentional use of any procedure the natural result of which is to cause the death or substantial destruction of the tree. Fall does not in any context include normal trimming, pruning, topping of trees, or removal of trees which present a hazard to a nearby building or residential structure.
“Occupied parcel” means real property within the boundaries of ad valorem tax lot description as found in the Douglas County, Oregon, ad valorem tax records with one or more dwellings thereon, or a parcel which has been approved for a dwelling.
“Person” means a natural person, firm, partnership, association or corporation, whether he, she or it is acting for themselves or as the clerk, servant, employee or agent of another.
“Timber harvesting” or “harvesting” means the cutting of trees of more than twelve (12) inches in base diameter for commercial purposes or sale for profit. It does not include the removal and sale of trees that have been blown down by the wind.
“Tree” means real property within the boundaries of an ad valorem tax lot description as found in the Douglas County, Oregon, ad valorem tax records. (Ord. 789 § 2, 1991)
5.16.030 Tree falling prohibition.
Except as provided in Section 5.16.090, no person may fall more than ten trees within a single calendar year from a parcel of private property consisting of more than one acre without a permit. (Ord. 789 § 3, 1991)
5.16.040 Tree falling permits for less than five acres.
A. Application for a permit to fall trees shall be filed with the city manager on a form prescribed by and available in the manager’s office containing:
1. Date, name, address and telephone number of the applicant; species or other description of the trees, their location on the property, and the reason for falling; and a plot plan showing trees to be removed and sizes; and
2. A brief description of any plan to replace, landscape, or otherwise reduce the effect of the falling if one is proposed.
B. Within ten business days after an application is filed, the city manager shall:
1. Issue the permit if the criteria of this ordinance have been met; or
2. Deny the permit and provide the applicant a written statement containing the basis of the denial.
C. If issuance of the permit is conditioned upon the applicant’s proposed plan to replace the trees, landscape or otherwise reduce the effects of falling, the time within which the plan is to be completed shall be set forth on the permit.
D. Failure to comply with a condition of a permit within the designated time is a violation of this section. (Ord. 789 § 4, 1991)
5.16.050 Tree falling permits for more than five acres.
Any person proposing to harvest more than ten trees within a calendar year must apply for a permit through the city planning commission. The city planning commission, through the conditional use permit (CUP) process, may require more restrictive requirements than this chapter to mitigate any negative impacts upon the neighboring property owners or the city as a whole. If a permit is authorized, the conditions, if any, shall be set forth on the permit. (Ord. 789 § 5, 1991)
5.16.060 Criteria for tree falling.
A. In determining whether a proposed falling is consistent with the provisions of this chapter, the city manager, planning commission or city council, as the case may be, shall consider and base their decision on one or more of the following:
1. The condition of the trees with respect to disease, hazardous or unsafe conditions, danger of falling, proximity to existing structures or proposed construction, or interference with utility services or pedestrian or vehicular traffic safety;
2. The topography of the land and the effect of falling on erosion, soil retention, stability of earth, impacts upon storm drainage systems and the quantity, quality and character of surface waters and streams, and protection of nearby trees and windbreaks;
3. The necessity to remove trees in order to construct proposed improvements, or to otherwise utilize the applicant’s property in a reasonable manner;
4. The effect of the trees’ removal upon the environmental quality of the area;
5. The adequacy of the applicant’s proposals, if any, in meeting generally accepted practices of horticulture, silvaculture or landscape architecture;
6. The falling is within the guidelines set forth in the Field Guide to Oregon Forestry Practices Rules published by the state of Oregon, Department of Forestry, as they apply to the northwest region of Oregon, or the corresponding future publication of the state of Oregon Department of Forestry.
B. Whenever the Forest Practices Act as provided in ORS 526.041, 527.721 and OAR 629-24-101 to and including 629-55-200, conflicts with the terms of this chapter, the Sutherlin zoning ordinance, other city ordinances, or any conditional use permits issued by the city. The more restrictive conditions shall prevail unless specifically waived in writing by the planning commission or city council. (Ord. 875 § 3(F), 1997; Ord. 789 § 6, 1991)
5.16.070 Reforestation.
A. Any person harvesting timber subject to this chapter in the city limits or urban growth boundary shall be responsible for reforestation of that area with a minimum of two hundred fifty (250) trees planted per acre within one year of the tree falling unless excepted by the planning commission or city council. At the end of a twelve (12) month period following tree planting the site must demonstrate a minimum of seventy-five (75) percent survival rate. The planning commission may grant a one-year extension for reforestation if, and only if, the proper justification is provided.
B. All debris and slash realized from the tree falling shall be either removed or piled and burned within sixty (60) days following the removal of the harvested trees unless a time extension is granted by the planning commission due to unusual or extenuating circumstances; however, such time extension shall not exceed a maximum of twelve (12) months from the date of the completed harvest.
C. The city manager, planning commission or city council may require grass seeding, water break trails or unharvested buffer zones if the tree falling presents a reasonable potential for negatively impacting adjoining properties due to soil erosion or water runoffs. (Ord. 789 § 7, 1991)
5.16.080 Appeals from denial.
A. In those applications involving less than five acres, an applicant may appeal the city manager’s permit denial to the planning commission by filing a written notice of the appeal with the city manager within thirty (30) calendar days from the date of the denial.
B. In those applications involving more than five acres, an applicant may appeal the planning commission’s permit denial to the city council within thirty (30) business days from the date of the denial.
C. The planning commission or the city council, as respectively appropriate for the appeal of a denial, shall hear and determine the appeal at its first regularly scheduled meeting occurring after receipt of the notice of appeal.
D. The applicant shall carry the burden of proving the proposed falling is consistent with the criteria of Section 5.16.060. (Ord. 789 § 8, 1991)
5.16.090 Exceptions.
The requirements and restrictions of Sections 5.16.030 through 5.16.070 do not apply to:
A. The action of any city officer or employee of any public utility necessary to remove or alleviate an immediate danger to life or property; to restore utility service; or to reopen a public street or alley to traffic;
B. An occupied parcel of private property consisting of less than one acre of size;
C. Falling of trees in violation of any other ordinance of the city;
D. Any falling necessary to install or maintain improvements, such as streets and sewers within publicly owned and accepted rights-of-way or utility easements;
E. That portion of a PUD or PUD subdivision development for which final approval has been obtained. (Ord. 789 § 9, 1991)
5.16.100 Violations—Penalties.
Violation of Sections 5.16.030 through 5.16.070 is punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each tree removed, or confinement in jail not to exceed one hundred (100) days for each tree removed, or both fine and imprisonment. In addition, the city attorney, upon request of the city manager or city council, shall institute any necessary legal proceedings to enforce the provisions of Sections 5.16.030 through 5.16.070. (Ord. 789 § 11, 1991)