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18.54.140 PermitExceptions <br />A. Exception Criteria <br />1. The Director may grant exceptions from the <br />requirements of this chapter when undue hardship may be created <br />by strict compliance with the provisions of this chapter. Any <br />authorization for exception may prescribe conditions deemed <br />necessary or desirable for the public interest, or necessary to meet <br />the intent of this chapter. <br />2. An exception to this chapter shall not be granted <br />unless all of the following criteria are met: <br />a. Strict compliance with the provisions of this code <br />may jeopardize project feasibility or reasonable use of property. <br />b. Proposed vegetation removal, replacement, and <br />any mitigative measures proposed, are consistent with the <br />purpose and intent given in this chapter. <br />c. The granting of the exception or standard <br />reduction will not be detrimental to the public welfare or injurious <br />to other property in the vicinity. <br />3. In addition to the above criteria, the Director may <br />also consider any of the following in reviewing an exception <br />request: <br />a. The recommendation of a certified arborist <br />supports the exception. <br />b. The size of the site or project cannot support the <br />number of required replacement trees, and off-site tree planting is <br />proposed which furthers the goals of this chapter and other City <br />policies. <br />c. On-site planting of all required replacement trees <br />is not feasible, and the project includes an equivalent contribution <br />in funds and/or labor and materials for off-site tree planting as <br />jointly agreed by the applicant and Director. <br />d. Smaller -sized replacement plants are more <br />suited to the species, site conditions, and to the purposes of this <br />chapter, and are planted in sufficient quantities to meet the intent <br />of this chapter. <br />B. Retention and Replacement of Canopy Cover - or <br />undeveloped sites or sites with dense stands of trees, where the <br />cost of identification of individual tree species and sizes is <br />inordinate relative to the project, the Director may allow the <br />applicant to use the tree canopy cover approach outlined below to <br />calculate retention and replacement of trees: <br />1. The site shall have a minimum canopy cover equal <br />to 20% of the site area, or equal to the existing canopy cover <br />whichever is less. <br />2. To meet the requirements for site canopy cover, <br />canopy cover may consist of any combination of existing trees and <br />replacement trees. Canopy cover of each new tree shall be <br />calculated at 314 square feet. <br />TITLE 18 β€” ZONING <br />C. Exception Procedures - An application for any <br />exception from this chapter shall be submitted in writing by the <br />property owner to the Director, and shall accompany the <br />application for a Tree Clearing Permit. Such application shall fully <br />state all substantiating facts and evidence pertinent to the <br />exception request, and include supporting maps or plans. The <br />Director shall not grant an exception unless and until sufficient <br />reasons justifying the exception are provided by the applicant. <br />(Ord. 1755 §1(p rt), 1995) <br />18.54.150 PermitProcessing r i <br />A. If the proposed vegetation clearing and permit application <br />meet the requirements of this chapter, the Director shall approve <br />the application and issue the Tree Clearing Permit. All Tree <br />Clearing Permits and exceptions shall be processed as Type 1 <br />decisions. <br />B. If the Tree Clearing Permit application is not approved, <br />the Director shall inform the applicant in writing of the reasons for <br />disapproval. <br />C. From the date of issuance, permits shall be valid for a <br />period of 180 days. <br />(Ord, 1779 §328 1996; Ordβ€ž 1755 §1 (part), 1990 <br />18.54.160 PermitConformance <br />A. Plan Conformance - All work must be performed in <br />accordance with approved Permit plans specified in this chapter <br />or revised plans as may be determined by the Director. The <br />applicant shall obtain permission in writing from the Director prior <br />to modifying approved plans. <br />B. Tree Protection Measures - All tree and vegetation <br />protection measures shown on approved permit drawings shall be <br />installed prior to initiation of any clearing or land -altering activity. <br />C. Protection of Property- The applicant shall at all times <br />protect improvements to adjacent private properties and public <br />rights-of-way or easements from damage during clearing. The <br />applicant shall restore to the standards in effect at the time of the <br />issuance of the permit any public or private improvements <br />damaged by the applicant's operations. <br />D. Maintenance Responsibility - All protected and <br />replacement trees and vegetation shown in approved Tree <br />Clearing Permit materials shall be maintained in healthy condition <br />by the property owner throughout the life of the project, unless <br />otherwise approved by the Director in a subsequent Tree Clearing <br />Permit. <br />(Ord, 1758 §1(p rt), 9995) <br />18. 54.170 fl in <br />The following actions shall be considered violations of this <br />chapter: clearing, planting, relocation, or maintenance of <br />vegetation not authorized under or in accordance with an <br />approved Tree Clearing Permit, where such permit is required, or <br />not in accordance with the provisions of this chapter. Each tree <br />which is cleared, not replaced or not maintained as required by <br />this chapter shall constitute a separate violation. <br />(Ord. 1753 §1(part), 1995) <br />Pf*ced by the City of Tukwila, City Clerk's Office Page 18-175 <br />