Planning 2018-01-25 Minutes - Public Hearing - TMC 18.54 Tree Regulations / TMC 18.06 Definitions Updates

Browse Search

REQUESTED CHANGES/CORRECTIONS Planning Commission, from December 14, 2017 work session:  Page 11 – Nuisance Trees, add, underground utilities  Page 18, 18.54.030D, bring language into consistency, Table A, strikeout the word, ‘exceptional’  Page 18, 18.54.040 A., spell out the letters CRZ, ‘critical root zone’  Page 19, 18.54.040 Table A, delete the language,” an arborist report be prepared for the removal of trees 18” or greater in diameter.”  Page 21, 18.54.060 D., revised language, “If the number of trees to be removed exceeds the permitted amount in a 36-month period on a property zoned Low Density Residential and improved a single-family dwelling, those trees shall be replaced based on the replacement requirements set forth TMC 18.54.080 and Table B.”  Page 23, 18.54.080 B., Sentence added, “Trees damaged due to natural disasters such as wind storms, hail, ice, snow storms and earthquakes are not required to be replaced.”  Page 25, 18.54.100 D., addressing liability question, liability memo from the City’s attorney, page 54 (attachment F). Liability is very site and fact specific. Robin Tischmak , Engineer, Public Works Department addressed questions from the Commissioners regarding trees in the public right-of-way. DCD and PW Departments are working together on language in Title 11, which covers the right-of-way to alleviate the conflicting information. One provision says that abutting property owners shall maintain vegetation in the public right-of-way unless the City has accepted maintenance of the vegetation. If a property owner plants a tree in the public right-of-way in a landscape strip, it requires approval from Public Works; they issue tree permits and permit plantings in the public right-of-way. We want to make sure that the tree won’t present problems in the future (wrong type of tree) or that there aren’t plans to expand the street that would require tree removal in the future. If the property owner plants the tree the City could accept ownership. If the property owner has requested and plants the tree, then maintenance would probably be put on the property owner. It’s a gray area and specific to the situation. If trees are on private property and causing damage to the sidewalk the City will go to the property owner and expect them to resolve the problem. If a tree is on the property line or in the right-of-way generally the City has taken responsibility in correcting the issues. Commissioner Strander inquired on the permitting process for a tree in the right-of-way – does DCD issue it? Mr. Tischmak said the permit process is a coordinated effort between DCD and Public Works, but Public Works issues the permit. Commissioner Strander asked about trees planted in residential areas. Mr. Tischmak responded that it is a changing situation, but in the past, Public Works has not planted trees in the right-of-way in residential areas. Often, to install the public improvements, like sidewalks, trees must be removed from private property. In that case, then Public Works will work with the property owner to replace Commissioner Strander these trees. cited the example of the City maintaining trees in the right-of- way near her property. It was not clear which department of the City might be maintaining these trees. Page 4 of 9