Private Open Space and Wetlands (Tracts A and B)

The Property includes designated Private Open Space Tracts — Tract A (two distinct small wetlands separated by a narrow buffer area) and Tract B (open area with a storm-water detention pond). Both are Common Properties of the Association (Source: Declaration Article I.F; Exhibit A "Introduction").

Permitted use

• The Private Open Space Tracts may be used only for passive recreational purposes such as walking and picnicking, and no other use (Source: Declaration Article III § 3.G; Article V § 1.F).
• Tract A must remain in its natural condition; any action that would disturb that condition is subject to prior written approval by the City (Source: Declaration Article II § 3.E(1); Article XII § 1; Article V § 1.F).
• No buildings are allowed in the Private Open Space Tracts (Source: Declaration Article V § 1.F).
• Tract A may not be disturbed by snow/ice removal arranged by the Association (Source: Declaration Article II § 3.E(1)).

Tree removal

Trees in the Tracts may be removed only after:

1. A certified arborist has shown them to be hazardous to life or property, and
2. A tree cutting permit has been obtained from the City.

Lots and Common Property are also subject to the Tree Code of the City of Lake Oswego, and trees may not be removed without complying with both the Tree Code and Article V (Source: Declaration Article V § 1.F, § 1.H, § 1.K).

Public right-of-way trees may be removed at the discretion of the governmental body having jurisdiction (Source: Declaration Article V § 1.H).

Easements and amendments

• The Declarant may grant easements over Private Open Space Tracts to public agencies/utilities, provided trees are fully protected at all times, subject to written City approval. Damaged trees must be replaced as the City directs (Source: Declaration Article III § 3.E).
• No provision of the Declaration pertaining to the Private Open Space Tracts may be amended or revoked without the written consent of the City (Source: Declaration Article XI § 1). City consent is additionally required for any amendment affecting maintenance, repair, use, insurance, configuration, or withdrawal of Tracts A and B (Source: Article XIII § 3.B).

Maintenance Plan for Wetland Area (Exhibit A, December 7, 1999)

This Plan is attached as Exhibit A to the 2025 Amended and Restated Declaration (added by the 07/07/2025 re-recording) and the 1999 original (Source: 2025 Declaration cover sheet; Exhibit A).

Site description

A planned unit community of 21 attached single-family homes along Summit Ridge Court. The site contains:

• Tract A — two distinct small wetlands separated by a narrow buffer area.
• Tract B — open area with a storm-water detention pond.

The wetland is defined on the landscaping plan on file with the City of Lake Oswego (Source: Exhibit A — Introduction).

Initial Maintenance (first growing season)

• Monthly weeding, spraying, tightening/repairing guys, pruning and resetting plant material, replacing dead material.
• Installation of designated planting in the buffer area was the Developer's responsibility, including clearing invasive plants from wetland fringes.
• Initial planting requires irrigation per the landscaping plan; weather may require additional irrigation.
• Invasive removal by a licensed landscape contractor using hand work and light equipment.
• Most significant invasive species: Himalayan blackberry and English Ivy. Preferred control: hand removal of vines and roots; light, sparing applications of RODEO® herbicide (hand-held sprayer and wiper applications) used carefully to avoid damaging surrounding plant material.
• If invasive removal exceeds 10 sq ft, replanting must use native species approved in the initial landscape plan after submitting a revised landscape plan to the City for approval.

(Source: Exhibit A — Initial Maintenance.)

Long-Term Maintenance

• Responsibility: the Homeowners Association.
• Goal: protect wetlands, buffer areas, and open-space tracts from invasive plants; maintain wetlands in natural condition.
• Buffer areas must be maintained as planted per the subdivision landscape plan except as modified by changes approved in writing by the City.
• Control of invasive species (primarily Himalayan blackberry and English Ivy) and care of planted shrubs are the keys.
• Semiannual inspection of buffer areas and wetland fringes; corrective remedial action within a reasonable time.
• Diseased/dead buffer plants are replaced with identical material unless approval for a substitute is obtained from the City in advance.

(Source: Exhibit A — Long Term Maintenance.)

Storm-water quality facilities

The Association is responsible for maintenance of all private storm-water quality facilities and for a long-term maintenance plan for wetlands and buffer zones in Tract A, per the Exhibit A plan. The City has enforcement rights at the expense of the Association and/or Owners. Enhancement through removal of invasive species is part of the long-term plan (Source: Declaration Article VIII § 4).

Budget treatment

Recent budgets include a "Wetlands and Trees" line (acct 6138):

(Source: budget documents.) Tree maintenance also appears in the reserve study's Landscaping & Irrigation category with allowances on a 3-year cycle (Source: PONO Reserve Study).

Sources

• source/2025.07.07_summitridge townhomes_amended and restated declaration.md — Articles I.F, III, V, VIII, XI, XII, XIII; Exhibit A
• Budget documents
• source/PONO-RS1-SummitRidgeTH-240419-v2 Final.md