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HomeMy WebLinkAboutPermit PL17-0064 - TREE CODE UPDATE 2017 - SEPA / CHECKLISTTREE CODE UPDATE 2017 P ROJ -00007 Associated Files: PL17-0064, E17-0015 This File: L17-0077 COMP PLAN ZONE AMEND/ZONING CODE AMEND 2017 TREE CODE UPDATE CODE AMENDMENT PL17-0064 L17-0077 ORDINANCE 2569 ORDINANCE 2570 CitL®f Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Members of the Tukwila City Council FROM: Nora Gierloff, Deputy Director, Department of Community Development BY: Carol Lumb, Senior Planner CC: Mayor Ekberg DATE: March 28, 2018 SUBJECT: Update of TMC 18.06. Definitions and TMC 18.54. Tree Regulations ISSUE Adopt updated tree regulations to implement new urban forestry Comprehensive Plan goals and policies and add Zoning Code definitions that address urban forestry and landscaping terminology. BACKGROUND The City Council held a public hearing March 26, 2018 on the Tukwila Tree and Environment Advisory Committee and Planning Commission recommended tree regulations and revisions to the definitions found in TMC 18.06 related to urban forestry and landscaping. No members of the public testified at the hearing, however, an email was received from Greg and Vanessa Zaputil attaching comments they submitted to the Planning Commission on January 10th and January 24, 2018, during the Commission's review of the draft regulations. These comments can be found in the Council's notebook, under Tab IV, as follows: • January 10, 2018 email and comments: Tab IV, page 62 • January 24, 2018 email and comments: Tab IV, labeled IV. A. (handed out at 1/25/18 Planning Commission public hearing on draft ordinances. • Staff summary responding to the comments are found in the draft Planning Commission minutes for the January 25, 2018 meeting, found at tab IV, labeled IV. E., page 6 of 9. DISCUSSION The Council did not make any changes to the draft ordinance amending TMC 18.06, Definitions. For the draft ordinance amending TMC 18.54, Urban Forestry and Tree Regulations, the Council directed that Section 5 of the ordinance, TMC 18.54.040 be revised to move "B. Single-family Tree Removal - Up to Four Trees." to the beginning of the section; "A. Permit Application." would then become "B. Permit Application." The section would be organized as follows: 18.54.040 Permit Submittal Requirements A. Single-family Tree Removal — Up to Four Trees. B. Permit Application. C. See Table B for the number of replacement trees required, if any. D. Permit Materials Waiver. E. Permit Application Fee. CL 3/28/201811:36 AM W:\1SharepointlLong Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review14-2-18 Info Memo 67 INFORMATIONAL MEMO March 28, 2018 Page 2 Staff is proposing a technical amendment to the draft ordinance amending TMC 18.54 to address the Washington State Forest Practices Act, which governs properties growing timber for commercial harvesting purposes. The amendment proposes a new exemption from the proposed tree regulations as follows: TMC 18.54.030 C. Tree Removal Exemptions: New exemption: 6. Removal of trees as allowed with a Class I -IV forest practices permit issued by the Washington State Department of Natural Resources. Should there be any site in Tukwila regulated under the Forest Practices Act that applies to harvest timber, the timber removal would be regulated by the Washington State Department of Natural Resources, which has its own permit and review process for timber harvesting. FINANCIAL IMPACT No financial impact. RECOMMENDATION Review the Council -revised regulations from the Committee of the Whole meeting on March 26, 2018 and adopt the revisions to TMC 18.06 and TMC 18.54. ATTACHMENTS 1. Draft Ordinance amending TMC 18.06, Definitions. 2. Revised Draft Ordinance amending TMC 18.54, Tree Regulations, reflecting recommended changes by the Community Development and Neighborhoods Committee. **Please bring your notebook labeled "Tukwila City Council Review, Revisions to TMC 18.06, Definitions, and Revisions to TMC 18.54, Urban Forestry and Tree Regulations to the April 2, 2018 Council meeting. CL 3/28/201811:36 AM 68 W:1MSharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelTree Code\Council Review14-2-18 Info Memo 3-26-18 City of Tukwila Washington Ordinance No. ,.Stq AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING AND REVISING DEFINITIONS RELATED TO TREES, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO REFLECT BEST PRACTICES; REPEALING DEFINITIONS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06 THAT ARE NO LONGER NEEDED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has adopted Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the City has adopted new landscaping and tree regulations to implement the Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the Definitions found in Tukwila Municipal Code (TMC) Chapter 18.06 must be updated to include terminology that reflects best practices in the landscaping and arboriculture industry; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments to TMC Chapter 18.06, "Definitions;" and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60-day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 1 of 9 WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on March 26, 2018, to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: At -Risk Tree "At -Risk Tree" means a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.125, "Caliper," is hereby amended to read as follows: Caliper "Caliper" means the AmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six inches above the ground for up to and including four -inch caliper size trees, and 12 inches above ground for larger size trees. Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.135, "Canopy Cover," is hereby amended to read as follows: Canopy Cover "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City of Tukwila's Recommended Tree List. Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.140, "Certified Arborist," is hereby amended to read as follows: Certified Arborist See "Qualified Tree Professional". W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 2 of 9 Section 5. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Critical Root Zone "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk that is equal to one foot for every inch of trunk diameter measured at four and one-half feet frorn grade (DBH) or otherwise determined by a Qualified Tree Professional. Example: A 24-inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter. Section 6. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches. Section 7. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dead Tree "Dead Tree" means a tree with no live crown and no functioning vascular tissue. Section 8. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.220, "Diameter/Diameter-Breast-Height (d.b.h.)," is hereby amended to read as follows: Diameter at Breast Height (DBH) "Diameter at Breast Height (DBH)" means the diameter of existing trees measured four and one-half feet above the ground. Section 9. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dripline "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater. Section 10. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Exceptional Tree "Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 3 of 9 Section 11. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Heritage Tree or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Section 12. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Invasive Plant and Tree List "Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights -of -way. Section 13. TMC Section Adopte Chapter 18.06, "Definitions," as follows: Invasive Tree "Invasive Tree" means a non-native disrupt the balance of an eco-system. Section 14. TMC Section Adopte Chapter 18.06, "Definitions," as follows: Landscape Design Professional "Landscape Design Professional" means a landscape architect licensed by the State of Washington or an individual who has graduated from an accredited landscape design program. Section 15. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.490, "Landscaping or Landscaped Areas," is hereby amended to read as follows: Landscaping or Landscaped Areas "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may serve as bioswales to reduce storm water runoff, subject to the standards of this chapter and TMC Chapter 14.30. Section 16. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: d. A new section is hereby added to TMC tree species, which is likely to spread and d. A new section is hereby added to TMC Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. W: Word Processing\ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 4 of 9 Section 17. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures including, but not limited to, sidewalks; curbs; the surfaces of streets, parking lots, and driveways; underground utilities; or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. Section 18. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.650, "Protection Measure," is hereby amended to read as follows: Protection Measure "Protection measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Permit. Section 19. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.651, "Protective Fencing," is hereby amended to read as follows: Protective Fencing "Protective fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is required by a Tree Permit or approved landscaping plan. Section 20. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Pruning "Pruning" means the cutting or Iimbing of tree or shrub branches as specified in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". Section 21. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Qualified Tree Professional "Qualified Tree Professional" means an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. A Qualified Tree Professional preparing tree valuations shall have the W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 5 of 9 necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. Section 22. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Risk "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. Section 23. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 1775 §1 and 1758 §1 (part), as currently codified at TMC Section 18.06.775, "Significant Tree," are hereby amended to read as follows: Significant Tree "Significant Tree" means a single-trunked tree that is six inches or more in diameter (DBH), or a multi-trunked tree with a diameter of two inches or more on any trunk (such as willows or vine maple). Section 24. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Site Disturbance "Site disturbance" means any development, construction, or related operation that could alter the subject property, including, but not limited to, soil compaction including foot traffic; tree or stump removal; road, driveway or building construction; installation of utilities; or grading. Section 25. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting property. Section 26. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Target or Risk Target "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 6 of 9 Section 27. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Topping "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. Section 28. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessment "Tree risk assessment" means the systematic process to identify, analyze and evaluate tree risk prepared by a Qualified Tree Professional in accordance with the latest version of the International Society of Arboriculture (ISA) Best Management Practices Guide. Section 29. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target, and determines options for treatment or mitigation. Section 30. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as currently codified at TMC Section 18.06.845, "Tree," is hereby amended to read as follows: Tree "Tree" means any self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity, that is recognized as a Tree in the nursery and arboricultural industries. Section 31. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.850, "Tree Clearing Permit," is hereby amended to read as follows: Tree Permit "Tree Permit" means a permit issued by the Director authorizing tree removal activities, or work that may impact the Critical Root Zone, pursuant to the general permit provisions of this title. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 7 of 9 Section 32. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Removal "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, poisoning or filling; excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Section 33. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Viable Tree "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure; is relatively Windfirm if isolated or exposed; and is a species that is suitable for its location and is therefore worthy of long-term retention. Section 34. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Windfirm "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined can withstand normal winter storms or surrounding tree removal. Section 35. Repealer. Ordinance No. 1758 §1 (part), as currently codified in TMC Chapter 18.06, "Definitions," at the following sections, is hereby repealed: Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in TMC Chapter 18.06, "Definitions," at the following section, is hereby repealed: Section 37. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 38. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 8 of 9 Section 39. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNQIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this �„� day of p f, L , 2018. ATTEST/AUTHENTICATED: Christy O'Flahy, MMC, City Cler Allan Eli6erg, Mayor APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page9of9 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2569-2570. On April 2, 2018 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2569: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING AND REVISING DEFINITIONS RELATED TO TREES, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO REFLECT BEST PRACTICES; REPEALING DEFINITIONS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06 THAT ARE NO LONGER NEEDED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2570: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1770 §32 AND 1758 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 18.54, "TREE REGULATIONS," TO ESTABLISH NEW REGULATIONS RELATED TO URBAN FORESTRY AND TREES; REPEALING ORDINANCE NO. 2291; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: April 5, 2018 City of Tukwila Washington Ordinance No. D..590 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1770 §32 AND 1758 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 18.54, "TREE REGULATIONS," TO ESTABLISH NEW REGULATIONS RELATED TO URBAN FORESTRY AND TREES; REPEALING ORDINANCE NO. 2291; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila's current tree regulations were adopted in 1995, with minor amendments since that time; and WHEREAS, the Comprehensive Plan recognizes trees for their benefits to the environment, urban infrastructure and their aesthetic value; and WHEREAS, the Comprehensive Plan directs that the benefits of trees be factored into site design and permit decisions; and WHEREAS, the Comprehensive Plan directs that City regulations be revised to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions; and WHEREAS, the Comprehensive Plan directs the development of an "exceptional" or "heritage" tree program to foster tree appreciation in the community; and WHEREAS, Comprehensive Plan goals and policies establish tree canopy goals for all zoning districts; and WHEREAS, the Comprehensive Plan directs that tree retention be promoted throughout the City in part by prohibiting tree removal on undeveloped property without an approved development or other land use permit; and WHEREAS, it is important that required replacement trees at maturity have equivalent or larger canopies than the removed trees, except where existing or future infrastructure and/or public or private utilities impede the planting of large trees; and W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 1 of 21 WHEREAS, the Comprehensive Plan requires that criteria be established for professional assessment and corrective actions by property owners who damage code - required street trees or other required trees by topping, poor pruning practices or root disturbance; and WHEREAS, where required trees cannot be accommodated on -site, procedures for off - site planting of replacement trees or payment into a dedicated tree fund should be established; and WHEREAS, increasing the amount of tree canopy throughout the City supports the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit; and WHEREAS, this chapter is intended to apply to the sensitive areas otherwise regulated by Tukwila Municipal Code Chapter 18.45 until such time as the sensitive area regulations are amended to explicitly provide for tree protection in sensitive areas within that chapter; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations, and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60-day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on March 26, 2018, to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 2 of 21 Section 1. Chapter Title. Ordinance No. 1758 §1 (part), as codified at Tukwila Municipal Code (TMC) Chapter 18.54, is hereby amended to retitle the chapter as follows: CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria, General 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance Standards 18.54.170 Heritage Trees and Heritage Groves 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement Section 2. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.010, is hereby amended to read as follows: 18.54.010 Purpose A. The purpose of this chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the City; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. B. In particular, the purpose of this chapter is to: 1. Protect existing trees prior to and during development; 2. Establish protections for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 3 of 21 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. Section 3. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.020, is hereby amended to read as follows: 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees within the City of Tukwila, except for removal of trees governed by TMC Chapter 18.44, "Shoreline Overlay." Section 4. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.030, is hereby amended to read as follows: 18.54.030 Tree Permit Required A. Permit Required. 1. A Tree Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any these trees within the City, unless the action is exempt from this chapter. 2. A Tree Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown in a two-year period. 3. A request for an exception to the requirements of the chapter shall be processed under a Tree Exception Permit. B. Tree removal on undeveloped lots is prohibited. C. Tree Removal Exemptions. The following activities are exempt from the requirements of this chapter: 1. The removal of trees that are Tess than 6 inches in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 4 of 21 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County, and routine maintenance within rights -of -way related to Interference, Sight Distance, Emergencies or Topping, as codified in TMC Chapter 11.20. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two-year period. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Permit application within one week of the emergency action and replace tree(s) if required by this chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the Director. 5. The removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right- of-way. 6. Removal of trees as allowed with a Class I -IV forest practices permit issued by the Washington State Department of Natural Resources. Section 5. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.040, is hereby amended to read as follows: 18.54.040 Permit Submittal Requirements A. Single-family Tree Removal — Up to Four Trees. Except for Heritage Trees, the removal of 1-4 Significant Trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements of Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: 1. Number of and size of trees to be removed. 2. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure. 3. Photos of the tree(s) to be removed; 4. The method of removal and identification of contractor; and 5. Time schedule of tree removal. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 5 of 21 Table A Single Family Tree Removal Requirements Trees (DBH) # of Trees in 36 month period that can be removed Tree Permit? Qualified Tree Professional Report? 6-8" 4 Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18" 1 Yes No B. Permit Application. Prior to any tree removal, site clearing or work within the Critical Root Zone, a Tree Permit application must be submitted to the Department of Community Development containing the following information: 1. Site. Plan of the proposal showing: a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; and b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal showing: a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC Section 18.54.060. 3. Professional review or recommendation. All Tree Permits shall require a Qualified Tree Professional report unless otherwise stated in this chapter, or when the Director determines that tree clearing, site clearing or work within the Critical Root Zones may result in adverse impacts requiring remedial measures. A Qualified Tree Professional report is not required for the permitted removal of trees, other than Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. Third party review of the report or recommendation may be required. The report or recommendation shall address the following: W: Word Processing\ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 6 of 21 a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 4. A photo of the tree(s) to be impacted or removed. 5. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities that may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. C. See Table B for the number of replacement trees required, if any. D. Permit Materials Waiver. The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this chapter or related regulations. E. Permit Application Fee. A Tree Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. Section 6. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.050, is hereby amended to read as follows: 18.54.050 Permit Approval Criteria, General All Tree Permit applications shall meet the criteria outlined below for approval. 1. Existing trees will be retained on -site to the maximum extent possible as required by TMC Section 18.54.060 and as recommended in the Qualified Tree Professional report, if applicable. 2. Tree protection will be implemented as required in TMC Section 18.54.070. 3. Tree replacement will be implemented as required in TMC Section 18.54.080. 4. Tree replacement funds will be deposited into the City of Tukwila Tree Fund, as described in TMC Section 18.54.100, if required. 5. A performance assurance will be submitted as required in TMC Section 18.54.110. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 7 of 21 Section 7. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.060, is hereby amended to read as follows: 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of buildings, parking or other elements of the proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. B. Topping of trees is prohibited and considered removal. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Low with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a Target or Risk Target; or d. Extreme risk. 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures, and potential for root or canopy interference with utilities. D. 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 with a single- family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC Section 18.54.080 and Table B. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the tree removal. E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off -site tree replacement as required by this chapter. F. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 8 of 21 G. The Department shall conduct a tree canopy assessment every five years from the date of the adoption of this chapter to ensure the tree canopy goals of the Comprehensive Plan are being met. Section 8. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.070, is hereby amended to read as follows: 18.54.070 Tree Protection Standards All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6-foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE -. THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as.determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC Chapter 18.54." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 9 of 21 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. Section 9. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.080, is hereby amended to read as follows: 18.54.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum requirements: 1. Each existing Significant Tree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Fund. 2. Tree Replacement Ratios. Table B establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36-month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, are not required to be W: Word ProcessinglOrdinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 10 of 21 replaced. Trees determined to be Defective by the City or a Qualified Tree Professional, are not required to be replaced. 3. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 4. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Tree Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. TABLE B Tree Replacement Requirements Amount of Mature Tree Canopy Removed Equivalent Stature Tree Number of Replacement Trees Up to 500 sq. ft. Small Canopy Tree 1 501-1,000 sq. ft. Medium Canopy Tree 2 >1,001 sq. ft. Large Canopy Tree 3 5. Tree replacement shall also meet the standards in TMC Section 18.54.160. Section 10. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.090, is hereby amended to read as follows: 18.54.090 Tree Relocation Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. Section 11. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.100, is hereby amended to read as follows: 18.54.100 Tree Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table B cannot be accommodated on -site, the Director shall require payment into the Tree Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2-inch caliper deciduous or 6-foot evergreen tree; 2. The cost of labor to install a tree; W: Word Processing\ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 11 of 21 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, pursuant to TMC Section 18.54.160. Section 12. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.110, is hereby amended to read as follows: 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance, the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Permit, subject to the following provision: 1. Tree Protection Assurance. The applicant may be required to post a three year performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. 2. Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a one-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 12 of 21 protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one-year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. 3. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. 4. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staffs best estimate of possible costs to meet the above requirements. In no case shall the performance - assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this chapter. 5. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. 6. Performance assurances provided in accordance with this chapter may be enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. Section 13. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.120, is hereby amended to read as follows: 18.54.120 Liability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Permit, will be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 13 of 21 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional at the expense of the applicant. Section 16. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.150, is hereby amended to read as follows: 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. Section 17. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.160, is hereby amended to read as follows: 18.54.160 Soil Preparation, Plant Material and Maintenance Standards A. Soil Preparation. 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with Best Management Practices including, but not limited to: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 4-inch mulch - free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 15 of 21 B. Plant Material Standards. 1. Plant material shall be healthy, vigorous and well -formed, with well - developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown and be of good color. Plants shall be habituated to outdoor environmental conditions (Le. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case -by -case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning. 1. Pruning of trees should be (1) for the health of the plant material, (2) to maintain sight distances or sight lines, or (3) if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest potential. 2. All protected and replacement trees and vegetation shown in approved Tree Permit shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Section 18. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.170, is hereby amended to read as follows: 18.54.170 Heritage Trees and Heritage Groves A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 16 of 21 B. Designation Criteria. A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. C. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. D. Heritage Tree or Heritage Grove Development Review. 1. When development is proposed for property that contains a Heritage Tree or Grove, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) or Grove may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Tree(s) or Grove. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 17 of 21 b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one- year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown shall apply for a Tree Permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by a Qualified Tree Professional; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. Section 19. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.180, is hereby amended to read as follows: 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. Section 20. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.190, is hereby amended to read as follows: 18.54.190 Violations A. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC Chapter 8.45. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 18 of 21 B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to three times the marketable value of each tree removed or damaged as determined by a Qualified Tree Professional, whichever is greater. 3. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the City's Tree Fund; 25% into the General Fund. 4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 5. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC Section 18.54.200. 6. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. Section 21. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.200, is hereby amended to read as follows: 18.54.200 Remedial Measures In addition to the penalties assessed, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Any illegal removal of required trees shall be subject to obtaining a Tree Permit and replacement with trees that meet or exceed the functional value of the removed trees. 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table B. 3. The applicant shall satisfy the permit provisions as specified in this chapter. 4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter. 5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice of Violation and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 19 of 21 6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. Section 22. Ordinance No. 1758 §1 (part) is hereby amended to establish a new TMC Section 18.54.210 to read as follows: 18.54.210 Enforcement A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this chapter to ensure compliance with, and/or remedy a violation of this chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Tree Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Permit or this chapter, consistent with TMC Chapter 8.45. 2. The Director may require a final inspection as a condition of a Tree Permit issuance to ensure compliance with this chapter. The permit process is complete upon final approval by the Director. Section 23. Repealer. Ordinance No. 2291 is hereby repealed in its entirety. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 20 of 21 Section 24. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 25. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 26. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCI OF THE CITY OETUKWILA, WASHINGTON, at a Regular Meeting thereof this rday of Apr, L.. , 2018. ATTEST/AUTHENTICATED: Christy O'FI erty, MMC, City Clerk APPROVED AS TO FORM BY: /I1n`c erg, Mayor. Filed with the City Clerk: - - -( Passed by the City Council: Lf—a. -( A-i -- Published: Li,'-/ `� Effective Date: 11j_1 f) y ? Rachel B. Turpin, City Attorney Ordinance Number: D-.S r) 0 W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 final 3-28-18 CL:bjs Page 21 of 21 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2569-2570. On April 2, 2018 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2569: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING AND REVISING DEFINITIONS RELATED TO TREES, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO REFLECT BEST PRACTICES; REPEALING DEFINITIONS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06 THAT ARE NO LONGER NEEDED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2570: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1770 §32 AND 1758 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 18.54, "TREE REGULATIONS," TO ESTABLISH NEW REGULATIONS RELATED TO URBAN FORESTRY AND TREES; REPEALING ORDINANCE NO. 2291; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: April 5, 2018 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia, WYashingron 98504-2525 • p60) 725-4000 m a. commerce.wa.gov April 10, 2018 Carol Lumb Senior Planner City of Tukwila Department of Community Development 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. Lumb: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Adopted revisions to TMC 18.54, the City's Tree regulations to address Urban Forestry Goals & Policies of the City's Comprehensive Plan and additions and revisions to TMC 18.06, Definitions of the Zoning Code to provide updated landscaping and urban forestry terminology. These materials were received on April 09, 2018 and processed with the Material ID # 24798. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725.4000 www.commerce.wa.gov January 9, 2018 Carol Lumb Senior Planner City of Tukwila Department of Community Development 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. Lumb: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Proposed revisions to TMC 18.54, the city's tree regulations to address urban forestry goals and policies of the comprehensive plan and additions and revisions to TMC 18.06, definitions of the zoning code, to provide updated landscaping and urban forestry terminology. These materials were received on January 05, 2018 and processed with the Material ID # 24521. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services Carol Lumb From: Carol Lumb Sent: Friday, January 5, 2018 4:07 PM To: 'reviewteam@commerce.wa.gov' Subject: Zoning Code Amendments Attachments: 60-DAY COMMERCE NOTICE.pdf; DCD-AA TMC 18.06 SO-U.pdf; DCD-B TMC 18.54 Clean w PC Revisions.pdf; DCD-E L17-0077 Staff Rpt.pdf Hello, The City of Tukwila is considering a major revision to the regulations that govern trees, found in TMC 18.54, to implement urban forestry goals and policies in the Tukwila Comprehensive Plan and amendments to the Definitions chapter of the Zoning Code to add or revise terminology related to landscaping and urban forestry. I am also attaching a short summary of the proposed changes as set forth in the staff report for the public hearing. The City's Planning Commission is scheduled to hold a public hearing on these draft regulations on January 11, 2018. Once the Planning Commission has completed its work, the draft regulations will be reviewed by the City Council. Adoption is anticipated by the end of the first quarter, 2018 or early in the second quarter. Please let me know if you have any questions. Sincerely, Carol Lumb CaroClumb, YLICP, Senior Planner Department of Community Development City of 7ukwifa 630o Southcenter Blvd., Suite loo auk wiCa, IVA 98188 206-431-3661 CaroC.Cumb@Tukivilativa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council Committee of the Whole FROM: Nora Gierloff, Deputy Director, Department of Community Development BY: Carol Lumb, Senior Planner CC: Mayor Ekberg DATE: March 15, 2018 SUBJECT: Update of TMC 18.06, Definitions and TMC 18.54, Tree Regulations ISSUE Update the tree regulations to implement new urban forestry Comprehensive Plan goals and policies and add Zoning Code definitions that address urban forestry and landscaping terminology. BACKGROUND Updating the tree regulations, adopted over 22 years ago, is the final action needed by the Council, after the update of the Comprehensive Plan in 2013 to add urban forestry goals and policies and the subsequent update of TMC 18.52, the landscaping code, in March, 2017, to implement the portions of the new Comprehensive Plan goals and policies related to urban forestry and tree canopy. To assist with the update of the Comprehensive Plan in 2012, and the landscaping and tree regulations in 2016 and 2017, the Council appointed the Tree and Environment Advisory Committee. The Committee was made up of members of the business, environmental and residential communities in Tukwila. Most recently the Advisory Committee met September through the beginning of November, 2017 to provide guidance on the draft tree regulations and changes to the Zoning Code definitions. The changes recommended by the Advisory Committee can be found here: http://records.tukwilawa.gov/WebLink/Browse.aspx?startid=10154&row=1 &dbid=1 (November 16, 2017 Planning Commission packet). The Planning Commission considered the Advisory Committee recommended changes to the tree regulations and Zoning Code definitions at its meetings on November 16 and December 14, 2017 and at the public hearing on January 25, 2018. The Planning Commission recommended changes were then forwarded to the Council Committee on Community Development and Neighborhoods, which considered the draft regulations on February 13 and 27th. The Community Development and Neighborhoods Committee has completed its work and forwarded the draft ordinances to the Committee of the Whole for a public hearing on March 26, 2018. DISCUSSION The proposed revisions to the definitions will add landscaping and urban forestry terminology that is currently lacking or revise existing terms that are outdated. On the proposed tree regulations, one major revision recommended by the Planning Commission is to change the size of a Significant Tree from four -inches to six -inches in CL 3/22/2018 6:11 PM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review\COW Info Memo 3-26-18 Mtg. INFORMATIONAL MEMO March 15, 2018 Page 2 diameter at breast height. Attachment IV B.in the notebook, illustrates the difference between these two sized tree trunks. Some of the other key proposed revisions to the tree regulations are: • Linking the number of trees that can be removed in a 36-month period on single-family zoned properties improved with a dwelling, to the size of the tree. As currently proposed, four trees 6-8" in diameter can be removed in a 36-month period. For trees larger than 8-inches in diameter, the number that can be removed in a 36-month period without the requirement for replacement, is reduced depending on the size of the trees. • A no -fee tree inventory survey for the removal of 1-4 trees on a single-family property. This will allow the City to track the number of trees removed each year to gauge whether the Comprehensive Plan goal of maintaining 47% tree canopy in single family residential areas is being met. • No tree removal on vacant lots in any zoning district prior to approval of a development proposal. • Removal of more than the number of trees permitted in a 36-monoth period would require a permit (fee required) and replacement of the lost tree canopy either on -site or through payment into the tree fund. • As part of development, such as a short plat or subdivision, or adding onto an existing house where the construction would impact a tree's critical root zone, tree protection is required for trees that are retained. Trees that are removed must be replaced based on the size of the tree canopy provided by the removed tree. • Alterations may be required to the layout of development to preserve trees on -site. • A Heritage Tree program is proposed to recognize trees that are exceptional in size, species, or historical significance to the community etc. The property owner must agree to the designation of a Heritage Tree for a tree on their property. • Similar to the landscaping code — the violations section is expanded, and penalties are proposed. • The tree replacement fund is codified and uses of funds specified. FINANCIAL IMPACT No financial impact. RECOMMENDATION Review the proposed regulations and pass them on to the Committee of the Whole for a public hearing. ATTACHMENTS 1. Minutes from Community Development and Neighborhoods Committee meetings on February 13th, and 27th 2. Draft Ordinance amending TMC 18.06, Definitions. 3. Draft Ordinance amending TMC 18.54, Tree Regulations, reflecting recommended changes by the Community Development and Neighborhoods Committee. 4. Binder, labeled "Tukwila City Council Review, Revisions to TMC 18.06, Definitions, and Revisions to TMC 18.54, Urban Forestry and Tree Regulations. CL 3/22/2018 6:11 PM W:IISharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review\COW Info Memo 3-26-18 Mtg. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1770 §32 AND 1758 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 18.54, "TREE REGULATIONS," TO ESTABLISH NEW REGULATIONS RELATED TO URBAN FORESTRY AND TREES; REPEALING ORDINANCE NO. 2291; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila's current tree regulations were adopted in 1995, with minor amendments since that time; and WHEREAS, the Comprehensive Plan recognizes trees for their benefits to the environment, urban infrastructure and their aesthetic value; and WHEREAS, the Comprehensive Plan directs that the benefits of trees be factored into site design and permit decisions; and WHEREAS, the Comprehensive Plan directs that City regulations be revised to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions; and WHEREAS, the Comprehensive Plan directs the development of an "exceptional" or "heritage" tree program to foster tree appreciation in the community; and WHEREAS, Comprehensive Plan goals and policies establish tree canopy goals for all zoning districts; and WHEREAS, the Comprehensive Plan directs that tree retention be promoted throughout the City in part by prohibiting tree removal on undeveloped property without an approved development or other land use permit; and WHEREAS, it is important that required replacement trees at maturity have equivalent or larger canopies than the removed trees, except where existing or future infrastructure and/or public or private utilities impede the planting of large trees; and W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 1 of 28 WHEREAS, the Comprehensive Plan requires that criteria be established for professional assessment and corrective actions by property owners who damage code - required street trees or other required trees by topping, poor pruning practices or root disturbance; and WHEREAS, where required trees cannot be accommodated on -site, procedures for off - site planting of replacement trees or payment into a dedicated tree replacement fund should be established; and WHEREAS, increasing the amount of tree canopy throughout the City supports the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit; and WHEREAS, this chapter is intended to apply to the sensitive areas otherwise regulated by TMC chapter 18.45 until such time as the sensitive area regulations are amended to explicitly provide for tree protection in sensitive areas within that chapter; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations, and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60-day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on March 26, 2018, to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter Title. Ordinance No. 1758 §1 (part), as codified at Tukwila Municipal Code (TMC) Chapter 18.54, is hereby amended to retitle the chapter as follows: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 2 of 28 CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010—Ic 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria, General 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance Standards 18.54.170 Heritage Trees and Heritage Groves 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 18.54.050 Permit Exempt Activities 18.54.090 Waiver to Permit Materials 18.54.100 Permit application fcc 18.54.110 Applicant -Insurance Required 18.54.200 Conflicts with Existing Codes and Ordinances Section 2. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.010, is hereby amended to read as follows: cited. 18.54.010 Purpose A. The purpose of this chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the City; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 3 of 28 regulations also support the Low Impact Development goals of the Comprehensive Plan and the Citv's National Pollution Discharge Elimination System permit. B. In particular, the purpose of this chapter is to: 1. Protect existing trees prior to and during development; 2. Establish protections for the Tong -term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 1. Mitigate certain environmental consequences of land development, and to 2. Promote building and site planning practices that arc responsive to the . 3. Regulate clearing of trees and understory vegetation in the City of Tukwila, in order to: {1) masking noise; {6) energy conservation, cooling of urban centers; {7) increasing real property values; b. Maintain the viability of existing stands of trees and understory vegetation, W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 4 of 28 c. Promote retention of native vegetation in sensitive areas and their buffers, shoreline areas, and wildlife habitat areas. '1. Provide a means to implement the requirements of the Sensitive Areas Overlay District chapter of this title, relative to vegetation removal in sensitive areas and sensitive area buffers. Section 3. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.020, is hereby amended to read as follows: 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees vegetation within the City of Tukwila, except for removal of trees governed by TMC Chapter 18.44, "Shoreline Overlay.;" , " ;" and Chapter 18.52, "Landscape Requirements." Section 4. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.030, is hereby amended to read as follows: All removal of significant trees and understory vegetation shall be undertaken in accordance with the mandatory standards specified in this -chapter, except as provided in the Waiver to Permit Materials or Excentionc cectionc of thie chanter 18.54.030 Tree Permit Required chapter. A. Permit Required. 1. A Tree Permit is required prior to work within the Critical Root Zone of anv Significant, Exceptional or Heritage Tree or prior to the removal or destruction of anv these trees within the City, unless the action is exempt from this chapter. 2. A Tree Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown in a two-year period. 3. A request for an exception to the requirements of the chapter shall be processed under a Tree Exception Permit. B. Tree removal on undeveloped lots is prohibited. C. Tree Removal Exemptions. The following activities are exempt from the requirements of this chapter: 1. The removal of trees that are less than 6-inches in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 5 of 28 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County, and routine maintenance within rights -of -way related to Interference, Sight Distance, Emergencies or Topping as codified in TMC Chapter 11.20. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two-year period. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Permit application within one week of the emergency action and replace tree(s) if required by this chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the Director. 5. The removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right- of-way. Tree Professional report unless otherwise stated in this chapter. A Qualii ee Professional report is not required for the permitted removal of trees, other than Heritage 18.54 50 Pe Exemp•1 Activities require a Tree Clearing Permit: 1. Clearing of any vegetation; UNLESS the site on which clearing is tt Occur -is located in a sensitive area, sensitive area buffer, or shoreline zone. 2. On sites within a sensitive area, or sensitive area buffer, or shoreline zone: a. Clearing of up to 4 significant trees on a site currently zoned and significant trees to be removed arc located within a wetland, watercourse and their a on r_ er within the c horeline zone �s�+at era �,�,-�-�,��,�r,��„� b. Clearing of any vegetation located-etsid',de-a sensitive-area,sansit,ve area buffer or outside the shoreline zone. c. Removal of hazardous trees. d.Routine maintenance of vegetation neoes ary to maintain the health of e. Vegetation removal necessary to the operation of an established W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 6 of 28 f. Construction and maintenance of streets and utilities within City Section 5. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.040, is hereby amended to read as follows: 18.54.040 Permit Submittal Requirements The following materials are required to obtain a Tree Clearing Permit: 1. Site Plan of the proposal, showing: a. Diameter, species name, location and canopy of existing significant trees in relation top , line; b. Identification of all significant trees to be removed and/or relocated; intervals; tJ nv ensitiive-aarea -seWsitiv a arreea'buffer, and"mean high water mark of the river 2. bandssafe-Plan-for the proposa g- a. Diameter, species name, spacing and location of replacement trees/vegetation to be used to replace vegetation cleared; b. Diameter, species name and location of all significant trees and vegetation to be retained; c. Proposed vegetation protection measures; d. Any other measures proposed to restore the environmental and surveyor, or certified ar-borist. Services may include, but are not limited to: a. Providing a written evaluation of the anticipated effects of proposed construction on the viability of trees on site; and/or any required tree protection or replacement measures; and/or c. Post construction site inspection and evaluation. District chapter of this title. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 7 of 28 5. Time schedule Proposed time schedule of vegetation removal, relocation , sensitive area, sensitive area buffer, and/or shoreline zone.. 6. Additional studies and conditions The Dircctor may—MEI-U-1-M , , or to protect public or private property. These conditions may include, but are not limited to, hours or seasons within A. Permit Application. Prior to any tree removal, site clearinq or work within the Critical Root Zone, a Tree Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal showing: a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line: and b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal showing: a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC Section 18.54.060. 3. Professional review or recommendation. In certain circumstances, the Tree Prefe cional addressing the following- All Tree Permits shall require a Qualified Tree Professional report unless otherwise stated in this chapter, or when the Director determines that tree clearing, site clearing or work within the CRZ may result in adverse impacts requiring remedial measures. A Qualified Tree Professional report is not required for the permitted removal of trees, other than Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. Third party review of the report or recommendation may be required. The report or recommendation shall address the following: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 8 of 28 a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site;, b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 4. A photo of the tree(s) to be impacted or removed. 5. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities that may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. B. Single-family Tree Removal — Up to Four Trees. Except for Heritage Trees, the removal of 1-4 Significant Trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements of Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: 1. Number of and size of trees to be removed. 2. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure. 3. Photos of the tree(s) to be removed; 4. The method of removal and identification of contractor; and 5. Time schedule of tree removal. Table A Single Family Tree Removal Requirements Trees # of Trees in 36 month Tree Permit? Qualified Tree period that can be removed Professional (DBH) Report? 6-8" 4 Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18" 1 Yes No C. See Table B for the number of replacement trees required, if any. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 9 of 28 D. Waiver --Permit Materials Waiver. The Director may waive the requirement for any or all plans or permit items specified in this chapter section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement for permit materials shall not be construed as waiving any other requirements of this chapter or related regulations. E. Permit Application Fee. Fee required: A non refundable permit application fee will be collected at the time of submittal of a Tree Charing Permit application—Fhc the permitting process, inspections, and procescing of exceptions to standards and A Tree Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. B. Fee: The City shall collect a fee for processing a Tree Clearing Permit per TMC A. In addition to any permit materials or conditions specified pursuant to this chapter, if in the opinion of Director the nature of the work is such that it may create a applicant te-submit-a-Geitifisate-of-i-nswarise, $1 million per occurrence. 2. Property damage liability: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 10 of 28 Section 6. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.050, is hereby amended to read as follows: 18.54.050 Permit Approval Criteria, General To the extent that vegetation retention and/or replacement-1„ consis application All Tree Permit applications shall meet the criteria outlined below for approval. 1. Existing trees will be retained on -site to the maximum extent possible as required by TMC Section 18.54.060 and as recommended in the Qualified Tree Professional report, if applicable. 2. Tree protection will be implemented as required in TMC Section 18.54.070. 3. Tree replacement will be implemented as required in TMC Section 18.54.080. 4. Tree replacement funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC Section 18.54.100, if required. 5. A performance assurance will be submitted as required in TMC Section 18.54.110. Section 7. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.060, is hereby amended to read as follows: 18.54.060 Tree Retention Standards 1. Tree Retention - Site improvements shall be designed and constructed to perimeter, trees within the shoreline Low Impact Environment, in Sensitive Areas or Sensitive Area Buffers, and healthy mature trees. b. All understory vegetation within the essential root zone of protected trees shall be: (1) retained; OR () removed --by ethods which are-+yen-damag, g te- tre , and protected trees. n Ven moval shall be „n en in s„ h a manner to v--rcg etatf6 ii-r$rr rovur�nun--vc-ar��2f�aiEcn--m�cr�rTa--rrrarn-rcTa$�v preserve, to the degree possible, the aesthetic and ecological benefits provided by such vegetation, W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 11 of 28 A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of buildings, parking or other elements of the proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. B. Topping of trees is prohibited and considered removal. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Low with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a Target or Risk Target; or d. Extreme risk. 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures, and potential for root or canopy interference with utilities. D. 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 with a single- family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC Section 18.54.080 and Table B. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the tree removal. E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off -site tree replacement as required by this chapter. F. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. G. The Department shall conduct a tree canopy assessment every five years from the date of the adoption of this chapter to ensure the tree canopy goals of the Comprehensive Plan are being met. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 12 of 28 Section 8. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.070, is hereby amended to read as follows: 18.54.070 Tree Protection Measures Standards a. The proposal shall include tree protection measures which meet or ex -Geed -best maRagement-KaGt4GeS-all4-GW-reRt-standaNis-ef-PfefessieRal-athisg-iGultureT and which are sufficient to ensure the viability of protected trees and other vegetation identified for retention pursuant to requirements of this chapter, and shall include shoreline I ow Impact Environment All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6-foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC Chapter 18.54." W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 13 of 28 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery, shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. Section 9. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.080, is hereby amended to read as follows: 18.54.080 Tree Replacement Standards When tree replacement is required, tThe site shall be planted with trees to meet the following minimum requirements: 1. Each existing Ssignificant Ttree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Replacement Fund. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 14 of 28 2. Tree Replacement Ratios. Table B establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36-month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, are not required to be replaced. Trees determined to be Defective by the City or a Qualified Tree Professional, are not required to be replaced. 3. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 4. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Tree Replacement Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. Diameter of Existing Tree Removed el 8 inches 4- 8 12 inches 2 12 18 inches 4 18 24 inches 6 >24 inches 8 TABLE B Tree Replacement Requirements Amount of Mature Tree Equivalent Stature Tree Number of Replacement Canopy Removed Trees Up to 500 sq. ft. Small Canopy Tree 1 501-1,000 sq. ft. Medium Canopy Tree >1,001 sq. ft. Large Canopy Tree 3 5. Tree replacement shall also meet the standards in TMC Section 18.54.160. a Landscape Plan, Sensitive Arca Mitigation Plan or othcr materials required per the (1) Minimum si shall be 7 5 inch caliper ford iduo� �s frees 6 to 8 �v.m,ma,�,�r�2S�r, cr�vrcre6iauvavzrccrvc�v feet in height for evergreen trees, 24 inches in height for shrubs, and 1 gallon for W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 15 of 28 (2) Replacement plants shall meet current American Association of be in accordance with best management practices for landscaping which ensure the vegetation's long term health and survival f s and the surrounding environment are minimized Section 10. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.090, is hereby amended to read as follows: 18.54.090 Tree Relocation Tree relocation shall be carried out according to Bbest Mnanagement Ppractices, and trees proposed for relocation shall have a reasonable chance of survival. Section 11. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.100, is hereby amended to read as follows: 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table B cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2-inch caliper deciduous or 6-foot evergreen tree; 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree replacement funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, pursuant to TMC Section 18.54.160. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 16 of 28 Section 12. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.110, is hereby amended to read as follows: 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance, Clearing Permit, the Director may require from the applicant to submit a bond, letter of credit, or other means of assurance security acceptable to the City prior to issuance of a Tree Permit, subject to Tthe following provisions: 1. Tree Protection Assurance. The applicant may be required to post a three year performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. 2. Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a one-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one-year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. 3. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further repiiacement. 4. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staffs best estimate of possible costs to meet the above requirements. In no case shall the performance - assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this chapter. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 17 of 28 5. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. 6. Performance assurances provided in accordance with this chapter may be enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 1. The required security shall be submitted prior to the issuance of a--T-rce Clearing Permit. 2. The security shall be equal to City Staffs best estimate of possible sect) Permit (e.g. the replacement of vegetation approved install as required). In no case shall the security exceed an amount equal to 2.5 times the current cost of replacing the plants per the Tree Replacement requirements of this chapter. /1. Securities provided in accordance with this chapter may be redeemed in whole or in part by the City of Tukwila upon determination by the Director that the Section 13. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.120, is hereby amended to read as follows: 18.54.120 Liability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Clearing Permit4sued on behalf „f the City within the Cit„ Iimits shall -will be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Clearing Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to per TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 18 of 28 E. The applicant shall at all times protect improvements to adjacent properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. Section 14. Ordinance No. 1770 §32, as currently codified at TMC Section 18.54.150, and Ord. No. 1758 §1 (part), as codified at TMC Section 18.54.130, are hereby amended to read as follows and recodified as TMC Section 18.54.130: 18.54.130 Permit Processing and Duration A.application meet the requirements Permit. All Tree Clearing Permits -and -exceptions shall be processed as Type 1 decisions. Exceptions to the requirements of this chapter shall be processed as a Type 2 decision. B. If the Tree Clearing Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. , Tree permits expire one year after the date the permit is issued . Section 15. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.140, is hereby amended to read as follows: 18.54.140 Permit Exceptions A. Exception Procedures. An applicant seeking an exception from this chapter shall submit a Tree Exception Permit application in addition to the Tree Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the City. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria: 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 19 of 28 c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional at the expense of the applicant. a. The recommendation of a certified arborist supports the exception. h The c' a of the s' ion n„mber of reg„ireri ,�-�„�+��� 6aF}i�9�-S c. On site planting of all required replacement trces is not f asiblc, c tree planting as j d. aller sized replacement plants are more suited to the species, site meet the intent of this chapter. with dense stands of trees, where the cost of identification of individual tree species and tree canopy cover approach outlined below to calculate retention and replacement of trees: 1. The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is Tess. 2. To meet the requirements for site canopy cover, canopy cover may consist tree shall be calculated at 314 square feet. plans. The Director shall not grant an exception unless and until sufficient reasons W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 20 of 28 Section 16. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.150, is hereby amended to read as follows: 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. clearing. The applicant shall restore to the standards in effect at the time of the iscuance 1)-.—Maintenanoe—ftsponsibility----A11—p-retestecl—and—Feplasement—trees---and vegetation shown in approved Tree Clearing Permit materials shall be maintained in approved by the Director in a subsequent Tree Clearing Permit. Section 17. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.160, is hereby amended to read as follows: 18.54.160 Soil Preparation, Plant Material and Maintenance Standards A. Soil Preparation. 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with Best Management Practices including, but not limited to: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 21 of 28 c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 4-inch mulch - free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around qroundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material Standards. 1. Plant material shall be healthy, vigorous and well -formed, with well - developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown and be of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case -by -case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning. 1. Pruning of trees should be (1) for the health of the plant material, (2) to maintain sight distances or sight lines, or (3) if interfering with overhead utilities. All pruninq must be done in accordance with American National Standards Institute (ANSI) A300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest potential. 2. All protected and replacement trees and vegetation shown in approved Tree Permit shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 22 of 28 under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Section 18. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.170, is hereby amended to read as follows: 18.54.170 Heritage Trees and Heritage Groves A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. B. Designation Criteria. A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. C. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. D. Heritage Tree or Heritage Grove Development Review. 1. When development is proposed for property that contains a Heritage Tree or Grove, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 23 of 28 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) or Grove may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Tree(s) or Grove. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown shall apply for a Tree Permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by a Qualified Tree Professional; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 24 of 28 Section 19. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.180, is hereby amended to read as follows: 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. Section 20. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.190, is hereby amended to read as follows: 18.54.190 Violations A. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC Chapter 8.45. B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein, Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to three times the marketable value of each tree removed or damaged as determined by a Qualified Tree Professional, whichever is greater. 3. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund; 25% into the General Fund. 4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 5. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC Section 18.54.200. 6. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 25 of 28 Section 21. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.200, is hereby amended to read as follows: 18.54.200 Remedial Measures A. Whenever conflicts exist between this , In addition to the penalties assessed, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Any illegal removal of required trees shall be subject to obtaining a Tree Permit and replacement with trees that meet or exceed the functional value of the removed trees. 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table B. 3. The applicant shall satisfy the permit provisions as specified in this chapter. 4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter. 5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice of Violation and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. 6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. Section 22. Ordinance No. 1758 §1 (part) is hereby amended to establish a new TMC Section 18.54.210 to read as follows: 18.54.210 Enforcement A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45,1 Civil Violations, as now in effect or as amended hereafter, the Director may take any or all of the enforcement actions prescribed in this Ordinance chapter to ensure compliance with, and/or remedy a violation of this Ordinancochapter; W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 26 of 28 and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Clearing -Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, 014-or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Clearing Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree ClearingPermit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Tree Clearing -Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property o ensure compliance with the provisions of a Tree Clearing Permit or this chapter, consistent with TMC Chapter 8.45.070, Authority to Inspect. 2. Where deemed necessary by tThe Director may require a final inspection as a condition of a Tree Permit issuance to ensure compliance with this chapter Director. The permit process is complete upon final approval by the Director. Remedial-Meacw ures--Rc thic remedial measures. The of this title. 3. Remedial measures must be completed to the satisfaction of the Director 8.15.0110, or within the time period otherwise specified by the Director. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 27 of 28 4. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property' Section 23. Repealer. Ordinance No. 2291 is hereby repealed in its entirety. Section 24. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 25. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 26. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin,: City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 Ordinance-CDN Amdts 2-27-18 CL:bjs Page 28 of 28 City of Tukwila Allan Ekberg, Mayor 1\10-te,60o L. V r S TUKWILA CITY COUNCIL REVIEW REVISIONS TO TMC 18.06, DEFINITIONS REVISIONS TO TMC 18.54, URBAN FORESTRY AND TREE REGULATIONS TABLE OF CONTENTS I. Informational Memorandums A. Informational Memorandum to Community Development and Neighborhoods Committee dated 2/7/18 -I- 1A-)iku-" B. Informational Memorandum to Community Development and Neighborhood Committee dated 2/21/18 4- kt(vw (eir II. TMC 18.06, Definitions Ordinance III. TMC 18.54, Urban Forestry and Tree Regulations Ordinance IV. Planning Commission Packet for January 25, 2018, with additional materials handed out at the meeting: A. 1-24-18 Letter from Greg and Vanessa Zaputil; B. Illustration of 4-inch, 6-inch and 8-inch diameter circles; C. Table 7, Tree Canopy Goals from Tukwila Urban Tree Canopy Assessment, prepared by Davey Resource Group, December, 2012 D. Proposed Revisions to Draft Tree Regulations Chart E. Draft Minutes from 1-25-18 Planning Commission Meeting V. Tukwila Tree and Environment Advisory Committee Recommendation to Planning Commission CL 2/22/2018 11:26 AM W:\\Sharepoint\Long Range Planning\2016-2017 Landscaping & Tree Code Update\Draft Tree Regs\Council Review\CDN\Table of Contents Cityk City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes February27, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kate Kruller, Chair, Kathy Hougardy, Zak Idan Staff: Nora Gierloff, Rick Still, Robert Eaton, Carol Lumb, Andrea Cummins, Minnie Dhaliwal, Laurel Humphrey (by phone) CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA. There was consensus to consider a request to apply for King County Conservation Futures Trust Tax Levy grant funding as the first order of business. A. Grant Application: King County Conservation Futures Trust Tax Levy (CFT) Staff is seeking Committee approval to apply for CFT grant funding to purchase property on South 116th Street along the Green River, due by March 5, 2018. The current property owner has expressed enthusiastic interest in having his property help meet riverbank restoration needs and provide recreational opportunities. The property is located in close proximity to City major capital investments for habitat improvements and salmon restoration such as Codiga Park and North Winds Weir. The CFT program would require a 50% local match, and staff intends to pursue other funding sources to meet this. If unsuccessful, the CFT funding would be returned. UNANIMOUS APPROVAL. B. Resolution: Foster Golf Bridge Naming Staff is seeking Council approval of a resolution that would name a bridge at Foster Golf Links the "Joe and Hazel Aliment Memorial Bridge" pursuant to a request by the Foster Golf Links Men's and Women's Clubs. Joe Aliment worked at the course beginning in 1924 and purchased it with his wife Hazel in 1951. The Aliments sold the course to the City of Tukwila in 1978. The Park Commission unanimously approved the request in November 2017. If approved by the Council, there will be a small expenditure associated with signage. UNANIMOUS APPROVAL. FORWARD TO MARCH 26, 2018 COMMITTEE OF THE WHOLE. C. Ordinance and Resolution: Foster Golf Links Green Fees Staff is seeking Council approval of a resolution and an ordinance that would amend the Green Fees at Foster Golf Links to maintain proper price points, stimulate growth, and work toward revenue goals. The draft resolution would establish the new fees and the draft ordinance makes housekeeping amendments to Tukwila Municipal Code Chapter 12.12, "Foster Golf Links Fees." The fee increases are modest and in line with regional courses. If Community Development & Neighborhoods Minutes February27, 2018 play in 2018 is equal to the past two years' average, the increase would yield approximately $40,000 in revenue. UNANIMOUS APPROVAL. FORWARD TO MARCH 5, 2018 REGULAR CONSENT AGENDA. D. Tree Code Ordinances Staff is seeking Council approval of ordinances to amend Tukwila Municipal Code Chapters 18.06 and 18.54 to implement new urban forestry Comprehensive Plan goals and policies and add definitions that address modern urban forestry and landscaping terminology. This update has been a lengthy and thorough process, beginning with a reconvening of the Tukwila Tree and Environment Advisory Committee, which drafted regulations for Planning Commission review. Community input was also sought and incorporated into the proposed ordinances. The proposals primarily impact single family zones, as commercial zones were addressed by the Landscaping Code update adopted in 2017. Currently there are no restrictions on the number of trees that can be removed from a single-family home unless sensitive areas are present, but since the Comprehensive Plan outlines goals for retainingthe City's tree canopy, these new regulations would establish more restrictions. The City would require a permit for removing a tree within a Critical Root Zone, pruning more than 20% of the existing crown of a Heritage Tree, removing a tree over 8" in diameter, or removing more than the number of trees allotted in a 36-month period. Since the last Committee discussion, staff identified several additional changes and a new recital as described in the February 21, 2018 memo. Committee members asked clarifying questions and decided it is ready for Committee of the Whole deliberation. UNANIMOUS APPROVAL. FORWARD TO MARCH 26, 2018 COMMITTEE OF THE WHOLE. E. Foster High School Reader Board The City Council received public comment at the February 5, 2018 Council meeting to consider granting a variance for the Foster High School pole sign, which is non -conforming. In residential zones the height limit for signs is 5 feet and the maximum area is 30 square feet per face, and the Foster High sign is 14.5 feet tall and has a face of 36 square feet. To conform to the sign code, the School District could lower the existing sign or install the reader panel on the side of the building. The Sign Code Advisory Committee included representatives from the City Council, the Planning Commission, and the residential and business community, and disallowing pole signs was a key recommendation for the revised sign code in 2010. The Foster High sign was in a 10-year grace period but immediate compliance was triggered when the Foster High remodel/expansion went through design review last summer. At that time, the District asked for a sign variance but put the request on hold when informed that DCD would not recommend approval on the grounds it would not meet the variance criteria in TMC 19.28.030. If the City Council were to amend the sign code the changes would need to apply to all signs in residential zones. Chair Kruller mentioned that there is a limited number of churches and schools who would take advantage of such a change. Because this was raised at public comment at a Council meeting, Chair Kruller requested that staff put together a list of policy options to be emailed to the full Council in case there is interest in pursuing anything further. DISCUSSION ONLY. Community Development & Neighborhoods Minutes February27, 2018 II. MISCELLANEOUS As follow up to the February 13, 2018 Committee discussion on Parks fleet purchase, staff distributed an updated memo that clarifies that the estimated resale value of the 21-passenger bus to be $10,625. Adjourned 7:44 p.m. Committee Chair Approval Minutes by LH City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Nora Gierloff, Deputy Director, Department of Community Development BY: Carol Lumb, Senior Planner CC: Mayor Ekberg DATE: February 21, 2018 SUBJECT: Update of TMC 18.06, Definitions and TMC 18.54, Tree Regulations ISSUE Additional revisions to the draft tree regulations under consideration by the Committee and contained in the binder provided to Committee members. BACKGROUND The Community Development and Neighborhoods Committee began its review of revisions to urban forestry and landscaping definitions, found in TMC 18.06, and revisions to TMC 18.54, Tree Regulations, at its meeting on February 13, 2018. Staff continued to review the materials that were provided to the Committee and has identified several additional changes/corrections and a new Whereas clause that are needed. DISCUSSION Staff is recommending the following additional changes to the draft tree regulations, or the Whereas clauses as follows below. An explanation is provided after the proposed change. I. 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees within the City of y Tukwila, except for removal of trees governed by TMC Chapter 18.44, "Shoreline Overlay.;' Chapter 18.15, "Environmentally Sensitive Areas;" and Chapter 18.52, "Landscape Requirements." Related to the above revision, the following new Whereas clause is recommended: WHEREAS, this chapter is intended to apply to the sensitive areas otherwise regulated by TMC chapter 18.45 until such time as the sensitive area regulations are amended to explicitly provide for tree protection in sensitive areas within that chapter; and Staff comments: We expected that there would be revisions forwarded to the Council adding specific tree regulations to the Sensitive Area Ordinance, found in TMC 18.45, close to when the Council would be considering changes to the City's overall tree regulations. As a result, the draft tree regulations, as proposed, did not apply to Environmentally Sensitive Areas. Unfortunately, the changes to the environmental regulations are not ready for Council review, so it is necessary to have TMC 18.54 continue to apply to sensitive areas until such time as the environmental regulations are updated. The proposed change noted above also requires the addition of a new Whereas clause that acknowledges that TMC 18.54 will continue to apply to CL 2/22/2018 11:26 AM W:IISharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review\CDN Info Memo 2-27-18 Mtg. INFORMATIONAL MEMO February 21, 2018 Page 2 sensitive areas until such time as the SAO is updated to include explicit tree protection regulations. We are also requesting to strike the reference to TMC Chapter 18.52, Landscaping, as that chapter requires applicants who are retaining significant trees on -site to utilize the tree protection standards found in TMC 18.54. II. TMC 18.54.030 / D. QuafifiedTree-Professional Report-All-Tree-P mit 11 reg li;' d Professional reportis not-rreg -for-the-perrn;tted removal of trees, other than Staff Comments: In reviewing the "Permit Required" section, we determined that the guidance on when a Qualified Tree Professional Report is needed should be located in the Permit Submittal Requirements section, TMC 18.54.040, rather than where it is currently located in the draft regulations. Staff recommends deleting TMC 18.54.030 D. and inserting similar language in TMC 18.54.040 A., as identified below. III. TMC 18.54.040 A. 3. Professional review or recommendation. All Tree Permits shall require a Qualified Tree Professional report unless otherwise stated in this chapter, or when the Director determines that tree clearing, site clearing or work within the CRZ may result in adverse impacts requiring remedial measures. A Qualified Tree Professional report is not required for the permitted removal of trees, other than Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. Third party review of the report or recommendation may be required. The report or recommendation shall address the following: a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. FINANCIAL IMPACT No financial impact. RECOMMENDATION Review the proposed regulations and pass them on to the Committee of the Whole for a public hearing. ATTACHMENTS No new Attachments. Please bring the binders provided for the February 13, 2018 meeting. CL 2/22/2018 11:26 AM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdateMTree Code\Council Review\CDN Info Memo 2-27-18 Mtg. _ City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes February 13, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kate Kruller, Chair, Kathy Hougardy, Zak Idan Staff: Derek Speck, Brandon Miles, Kris Kelly, Nora Gierloff, Rick Still, Jack Pace, Robert Eaton, Carol Lumb, Andrea Cummins, Laurel Humphrey (by phone) CALL TO ORDER: Chair Kruller called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA There was consensus to consider the Tree Regulations at the last order of business. A. Lodging Tax Application from City of Tukwila Staff is seeking Council approval of an application for $59,064 in lodging tax funds from the City of Tukwila for general administration and operations. Of the total amount requested, $36,414 will be transferred to the General Fund for indirect costs such as legal support, accounting, technology, and other activities that support the lodging fund. The additional funds will be used for training, travel, professional services, and memberships to tourism related organizations. The $8,000 in professional services will be used to create collateral for the new brand developed in 2017. The Lodging Tax Advisory Committee (LTAC) forwarded a recommendation to approve this request at its last meeting, having revised the original application request of $65,164.00. Chair Kruller asked to clarify the process for the Council to modify the amount recommended by the LTAC. The Attorney General issued an opinion that said the Council can modify the amount but must notify the LTAC and include a waiting period before final action. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 20, 2018 REGULAR CONSENT AGENDA. B. Parks Department Fleet Purchases Staff is seeking Committee approval to purchase the following four additional fleet items in the 2018 budget: Trailer -mounted blower in the amount of $8,780.00, two JD Gators for $10,423.22 each, and one 15-passenger Van estimated at $39,000. The blower and two gators are not due for replacement this year, but staff has determined they have outlived their useful life and will be working with Fleet on more appropriate replacement schedules for future budget cycles. The 15-passenger van is desired to replace the 21-passenger bus, which requires a CDL driver and is too large for programming needs. Staff is planning to offset the costs of the additional purchases by delaying purchase of an aerator and by selling the 21- passenger bus. The budget net gain of the fleet purchases, if approved, is approximately $2,500, which does not include $8,427 allocated for golf equipment and the resale value of the Community Development & Neighborhoods Minutes February13, 2018 21-passenger bus. Committee members expressed the importance of accurate assessments and correct assumptions about fleet. Staff replied that assessments will be done as part of the biennial budgeting process, and another assessment will be performed this summer in preparation for the 2019-200 biennium. UNANIMOUS APPROVAL. C. 2018 Committee Work Plan Committee members reviewed the Community Development & Neighborhoods Committee work plan for 2018, asking clarifying questions of staff„ Chair Kruller asked that items on the work plan be broken out by specific quarter wherever possible, such as with the Parks Capital items. Chair Kruller also requested that staff consider having a neighborhood meeting at Cascade View Elementary to discuss the proposal for the Homestead Land Trust project. DISCUSSION ONLY. D. Tree Code Ordinances Staff is seeking Council approval of ordinances to amend Tukwila Municipal Code Chapters 18.06 and 18.54 to implement new urban forestry Comprehensive Plan goals and policies and add definitions that address modern urban forestry and landscaping terminology. This update has been a lengthy and thorough process, beginning with a reconvening of the Tukwila Tree and Environment Advisory Committee, which drafted regulations for Planning Commission review. Community input was also sought and incorporated into the proposed ordinances. The proposals primarily impact single family zones, as commercial zones were addressed by the Landscaping Code update adopted in 2017. Currently there are no restrictions on the number of trees that can be removed from a single-family home unless sensitive areas are present, but since the Comprehensive Plan outlines goals for retaining the City's tree canopy, these new regulations would establish more restrictions. The City would require a permit for removing a tree within a Critical Root Zone, pruning more than 20% of the existing crown of a Heritage Tree, removing a tree over 8" in diameter, or removing rnore than the number of trees allotted in a 36-month period. Committee members asked clarifying questions and agreed to continue review and discussion at the next Committee meeting. RETURN TO COMMITTEE. II. MISCELLANEOUS Adjourned 7:37 p.m. Committee Chair Approval Minutes by LH City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Nora Gierloff, Deputy Director, Department of Community Development BY: Carol Lumb, Senior Planner CC: Mayor Ekberg DATE: February 6, 2018 SUBJECT: Update of TMC 18.06, Definitions and TMC 18.54, Tree Regulations ISSUE Update the tree regulations and Zoning Code definitions to implement new urban forestry Comprehensive Plan goals and policies and add definitions that address urban forestry and landscaping terminology. BACKGROUND The current tree regulations were adopted 22 years ago in 1995, with minor Zoning Code revisions in recent years. Updating the tree regulations is the final action needed by the Council, after the update of the Comprehensive Plan to add urban forestry goals and policies and the subsequent update of the landscaping code in March 2017, to implement the portions of the Comprehensive Plan related to landscaping. To assist with the update of the Comprehensive Plan in 2012, and the landscaping and tree regulations in 2016, the Council appointed the Tree and Environment Advisory Committee. The Committee was made up of members of the business, environmental and residential communities in Tukwila. Most recently the Advisory Committee met September through the beginning of November 2017 to provide guidance on the draft tree regulations and changes to the Zoning Code definitions. The changes recommended by the Advisory Committee can be found here: http://records.tukwilawa.qov/WebLink/Browse.aspx?startid=10154&row=1 &dbid=1 (November 16, 2017 Planning Commission packet). The Advisory Committee recommended changes to the tree regulations and Zoning Code definitions were then considered by the Planning Commission at its meetings on November 16 and December 14, 2017 and at the public hearing on January 25, 2018. The Planning Commission recommended changes are the subject of the Community Development and Neighborhoods Committee meetings on February 13 and 27th. DISCUSSION Staff proposes taking up the changes to TMC 18.06, Definitions, first at the Committee's meeting on February 13th and then move to the proposed revisions to the tree regulations, TMC 18.54. The proposed revisions to the definitions will add landscaping and urban forestry terminology that is currently lacking or revise existing terms that are outdated. On the proposed tree regulations, one major revision recommended by the Planning Commission is to change the size of a Significant Tree from four -inches to six -inches in CL 2/7/2018 8:48 AM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review\CDN Memo 2-13-18 Mtg. INFORMATIONAL MEMO February 6, 2018 Page 2 diameter at breast height. Attachment IV B. illustrates the difference in diameter between these two sized tree trunks. Some of the other key proposed revisions to the tree regulations are: • Linking the number of trees that can be removed in a 36-month period on single-family zoned properties improved with a dwelling, to the size of the tree. As currently proposed, four trees 6-8" in diameter can be removed in a 36-month period. For trees larger than 8-inches in diameter, the number that can be removed in a 36-month period without the requirement for replacement, depends on the size of the tree. • A no -fee tree inventory survey for the removal of 1-4 trees on a single-family property. This will allow the City to track the number of trees removed each year to gauge whether the Comprehensive Plan goal of maintaining 47% tree canopy in single family residential is being met. • No tree removal on vacant lots in any zoning district prior to approval of a development proposal. • Removal of more than the number of trees permitted in a 36-month period would require a permit (fee required) and replacement of the lost tree ca opy either on -site or payment into the tree fund. • As part of development such as a short plat or subdivision, tree protection is required for trees that are retained. Trees that are removed must be replaced based on the size of the tree canopy provided by the removed tree. • Alterations may be required to the layout of development to preserve trees on -site. • A Heritage Tree program is proposed to recognize trees that are exceptional in size, or have historical significance to the community etc. The property owner must agree to the designation of a Heritage Tree for a tree on their property. • Similar to the landscaping code — the violations section is expanded, and penalties are proposed. • The tree replacement fund is codified and uses of funds specified. FINANCIAL IMPACT No financial impact. RECOMMENDATION Review the proposed regulations and pass them on to the Committee of the Whole for a public hearing. ATTACHMENTS As identified in the Notebook's Table of Contents CL 2/712018 8:48 AM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Updatevriree Code\Council Review\CDN Memo 2-13-18 Mtg. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING AND REVISING DEFINITIONS RELATED TO TREES, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO REFLECT BEST PRACTICES; REPEALING DEFINITIONS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06 THAT ARE NO LONGER NEEDED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has adopted Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the City has adopted new landscaping and tree regulations to implement the Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the Definitions found in Tukwila Municipal Code (TMC) Chapter 18.06 must be updated to include terminology that reflects best practices in the landscaping and arboriculture industry; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments to TMC Chapter 18.06, "Definitions;" and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60-day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 3-1-18 CL:bjs Page 1 of 9 WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on , to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: At -Risk Tree "At -Risk Tree" means a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.125, "Caliper," is hereby amended to read as follows: Caliper "Caliper" means the AmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken pisix inches above the ground for up to and including four -inch caliper size trees, and 12 inches above ground for larger size trees. Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.135, "Canopy Cover," is hereby amended to read as follows: Canopy Cover "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on the a site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City of Tukwila's Recommended Tree List. Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.140, "Certified Arborist," is hereby amended to read as follows: Certified Arborist See "Qualified Tree Professional" " " W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 2 of 9 Section 5. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Critical Root Zone "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk that is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a Qualified Tree Professional. Example: A 24-inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter. Section 6. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches. Section 7. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dead Tree "Dead Tree" means a tree with no live crown and no functioning vascular tissue. Section 8. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.220, "Diameter/Diameter-Breast-Height (d.b.h.)," is hereby amended to read as follows: Diameter/Diameter- at Breast _Height (d.b .DBH) "Diameter/Diameter at Breast -_Height (d .DBH)" means the diameter of any -tree trunk, existing trees measured at-4,5-four and one-half feet above average-gradethe ground. Section 9. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dripline "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater. Section 10. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Exceptional Tree "Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 3 of 9 Section 11. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Heritage Tree or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Section 12. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Invasive Plant and Tree List "Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights -of -way. Section 13. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Invasive Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco-system. Section 14. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Landscape Design Professional "Landscape Design Professional" means a landscape architect licensed by the State of Washington or an individual who has graduated from an accredited landscape design program. Section 15. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.490, "Landscaping or Landscaped Areas," is hereby amended to read as follows: Landscaping or Landscaped Areas "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may serve as bioswales to reduce storm water runoff, subject to the standards of this chapter and TMC Chapter 14.30. Section 16. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 4 of 9 Section 17. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures including, but not limited to, sidewalks; curbs; the surfaces of streets, parking lots, and driveways; underground utilities; or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. Section 18. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.650, "Protection Measure," is hereby amended to read as follows: Protection Measure "Protection measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Clearing -Permit. Section 19. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.651, "Protective Fencing," is hereby amended to read as follows: Protective Fencing "Protective fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is required by in- a Tree Clearing Permit or approved landscaping plan. Section 20. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Pruning "Pruning" means the cutting or limbing of tree or shrub branches as specified in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". Section 21. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Qualified Tree Professional "Qualified Tree Professional" means an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 5 of 9 Washington. A Qualified Tree Professional preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. Section 22. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Risk "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. Section 23. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 1775 §1 and 1758 §1 (part), as currently codified at TMC Section 18.06.775, "Significant Tree," are hereby amended to read as follows: Significant Tree A "Significant Tree" means a single-trunked tree that is 4 six inches or more in diameter as mcasured 4.5 feet above grade (DBH), or a multi- trunked tree with a diameter of two inches or more on any trunk (such as willows or vine maple). Section 24. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Site Disturbance "Site disturbance" means any development, construction, or related operation that could alter the subject property, including, but not limited to, soil compaction including foot traffic; tree or stump removal; road, driveway or building construction; installation of utilities; or grading. Section 25. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting property. Section 26. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Target or Risk Target "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 6 of 9 Section 27. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Topping "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. Section 28. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessment "Tree risk assessment" means the systematic process to identify, analyze and evaluate tree risk prepared by a Qualified Tree Professional in accordance with the latest version of the International Society of Arboriculture (ISA) Best Management Practices Guide. Section 29. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target, and determines options for treatment or mitigation. Section 30. TMC Chapter 18.06, "Definitions," Amended. Ordnance Nos. 2075 §1 (part) and 1758 §1 (part), as currently codified at TMC Section 18.06.845, "Tree," is hereby amended to read as follows: Tree "Tree" means any self-supporting woody plant of 2 inchcs or more characterized by one main trunk or, for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity, that is recognized as a Tree in the nursery and arboricultural industries. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 7 of 9 Section 31. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.850, "Tree Clearing Permit," is hereby amended to read as follows: Tree Clearing Permit "Tree Clearing Permit" means a permit issued by the Director authorizing tree clearing removal activities, or work that may impact the Critical Root Zone, pursuant to the general permit provisions of this title. Section 32. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Removal "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, poisoning or filling; excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Section 33. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Viable Tree "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure; is relatively Windfirm if isolated or exposed; and is a species that is suitable for its location and is therefore worthy of long-term retention. Section 34. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Windfirm "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined can withstand normal winter storms or surrounding tree removal. Section 35. Repealer. Ordinance No. 1758 §1 (part), as currently codified in TMC Chapter 18.06, "Definitions," at the following sections, is hereby repealed: 18.06.275 Essential -Root -Zone "E:,sential root zone" means the area located on the ground between the tree trunk and 1-0 feet beyond the canopy. "I " m a n son Ilicenc to of Washington to zae �6�e-�fG�?#te6t--nTeaAS�pef�o�ed-bjF-t�iG��t�a�-�nn,g�o W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 8 of 9 61 _LJ ._I_._1_.__11 Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in TMC Chapter 18.06, "Definitions,)) at the following section, is hereby repealed: Section 37. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 38. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 39. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 9 of 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1770 §32 AND 1758 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 18.54, "TREE REGULATIONS," TO ESTABLISH NEW REGULATIONS RELATED TO URBAN FORESTRY AND TREES; REPEALING ORDINANCE NO. 2291; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila's current tree regulations were adopted in 1995, with minor amendments since that time; and WHEREAS, the Comprehensive Plan recognizes trees for their benefits to the environment, urban infrastructure and their aesthetic value; and WHEREAS, the Comprehensive Plan directs that the benefits of trees be factored into site design and permit decisions; and WHEREAS, the Comprehensive Plan directs that City regulations be revised to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions; and WHEREAS, the Comprehensive Plan directs the development of an "exceptional" or "heritage" tree program to foster tree appreciation in the community; and WHEREAS, Comprehensive Plan goals and policies establish tree canopy goals for all zoning districts; and WHEREAS, the Comprehensive Plan directs that tree retention be promoted throughout the City in part by prohibiting tree removal on undeveloped property without an approved development or other land use permit; and WHEREAS, it is important that required replacement trees at maturity have equivalent or larger canopies than the removed trees, except where existing or future infrastructure and/or public or private utilities impede the planting of large trees; and W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 1 of 28 WHEREAS, the Comprehensive Plan requires that criteria be established for professional assessment and corrective actions by property owners who damage code - required street trees or other required trees by topping, poor pruning practices or root disturbance; and WHEREAS, where required trees cannot be accommodated on -site, procedures for off -site planting of replacement trees or payment into a dedicated tree replacement fund should be established; and WHEREAS, increasing the amount of tree canopy throughout the City supports the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations, and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60-day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on , to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter Title. Ordinance No. 1758 §1 (part), as codified at Tukwila Municipal Code (TMC) Chapter 18.54, is hereby amended to retitle the chapter as follows: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 2 of 28 CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18,54.010 18.54.010 18.54.020 18.54.030 18.54.040 18.54.050 18.54.060 18.54.070 18.54.080 18.54.090 18.54.100 18.54.110 18.54.120 18.54.130 18.54.140 18.54.150 18.54.160 18.54.170 18.54.180 18.54.190 18.54.200 18.54.210 18.54.050 Permit Exempt ActivitieG 18.54.100 Permit application fce vitae Purpose Scope Tree Permit Required Permit Submittal Requirements -Application -Materials Permit Approval Criteria, General Tree Retention Standards Tree Protection Standards Tree Replacement Standards Tree Relocation Tree Replacement Fund Performance Assurance Lability Permit Processing and Duration Permit Exceptions Permit Conformance Soil Preparation, Plant Material and Maintenance Standards Heritage Trees and Heritage Groves Approved and Prohibited Trees Violations Remedial Measures Enforcement Section 2. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.010, hereby amended to read as follows: 48,54.014 —Title •cited. 18.54.010 Purpose is A. The purpose of this chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the City; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 3 of 28 The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. B. in particular, the purpose of this chapter is to: 1. Protect existing trees prior to and during development; 2. Establish protections for the long-term maintenance of trees and vegetation 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. sommunTT 3. Regulate clear in order to: (4)---maiming-voice; 1 W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 4 of 28 vegetation b. Maintain the viability of existing stands of trees and--tindefstery c. Promote retention areas and-#eif habitat -areas- /I. Provide a means to implement the requirements of the Sensitive Areas and Section 3. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.020, is hereby amended to read as follows: 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees and-understory vegetation -within the City of Tukwila, except for removal of trees governed by TMC Chapter 18.44, "Shoreline Overlay;" Chapter 18.45, "Environmentally Sensitive Areas;" and Chapter 18.52, "Landscape Requirements." Section 4. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.030, is hereby amended to read as follows: All removal of significant trees and understory vegetation shall be undertaken in 18.54.030 Tree Permit Required A. Permit Required. 1. A Tree Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any these trees within the City, unless the action is exempt from this chapter. 2. A Tree Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown in a two-yearperiod. 3. A request for an exception to the requirements of the chapter shall be processed under a Tree Exception Permit. B. Tree removal on undeveloped lots is prohibited. C. Tree Removal Exemptions. The following activities are exempt from the requirements of this chapter: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 5 of 28 1. The removal of trees that are less than 6 inches in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single- family dwelling. 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County, and routine maintenance within riqhts-of-way related to Interference, Sight Distance, Emergencies or Topping as codified in TMC Chapter 11.20. Routine maintenance includes the removal of up to 25% of the existing tree crown in a two-year period. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Permit application within one week of the emergency action and replace tree(s) if required by this chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the Director. 5. The removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right- of-way. D. Qualified Tree Professional Report. All Tree Permits shall require a Qualified Tree Professional report unless otherwise stated in this chapter. A Qualified Tree Professional report is not required for the permitted removal of trees, other than Heritage Trees, on a lot zoned Low Density Residential and improved with a single- family dwelling. 18 50 Permit _ Exempt Act es e-pplic 1. Clearing of any vegetation; UNLESS ist 2. On sitcs within a sensitive area, or sensitive area buffer, or shoreline zone: a. Clearing of up to 4 b. ring -of -any-vegetatien-lesate€1-outsicie-a-sensitive-areasensitive c. Removal of hazardous trees. d- W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 6 of 28 hazard or threat to MC-Q.} e e. Vegetation removal neces -plant- nursery. f. Construction- -aael--inaintenanse—Gf—streets—and—utiities-44Athin—Qty- approved-rights--ef-way-and-easerne-nts, Section 5. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.040, is hereby amended to read as follows: 18.54.040 Permit Submittal Requirements line; intervals; itive area antis ive ar b„ffer and m FtS 8�a�}j�S£�1STc-arcs-arra�eiiSFt-r:urea-vurrcr,-crrra-rrreari-high a. Diameter, species name, spacing and location of replacement b. Diameter, species name and location of all significant trees, and vegetation to be retained; c. Proposed vegetation protection measures; d. Any other measures proposed to restore the environmental and , , . W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page7of28 aneller—replasement ,,44, vegetati;;noc�, sens areal sei sitive-area-bu er, and Dior stage of the application or project as he/she may deem necessary to ensure the preposal, A. Permit Application. Prior to any tree removal, site clearing or work within the Critical Root Zone, a Tree Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal showing: a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line b. Identification of all Significant Trees to be removed and/or relocated,. c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal showing: a. Diameter. species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC Section 18.54.060. // S 3. Professional review or fecommendation. In certain circumstances, the Director may require professional review or recommendation prepared by a Qualified Tree Professional addressing the following: a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 8 of 28 b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 4. A photo of the tree(s) to be impacted or removed. 5. Time schedule. Proposed time schedule of vegetation removal relocation and/or replacement, and other construction activities that may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. B. Single-family Tree Removal — Up to Four Trees. Except for Heritage Trees, the removal of 1-4 Significant Trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements of Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: 1. Number of and size of trees to be removed. 2. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure. 3. Photos of the tree(s) to be removed., 4. The method of removal and identification of contractor; and 5. Time schedule of tree removal. Table A Single Family Tree Removal Requirements Trees # of Trees in 36 month Tree Permit? Qualified Tree period that can be removed Professional (DBH) Report? 6-8" 4 Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18" 1 Yes No C. See Table B for the number of replacement trees required, if any. W: Word Processing\ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 9 of 28 D. Waiver Permit Materials Waiver. The Director may waive the requirement for any or all plans or permit items specified in this chapter section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement-for-p shall not be construed as waiving any other requirements of this chapter or related regulations. E. Permit Application Fee. $€ a Tree Clearing of -the-pecmitting-prosessinspestiegs,and-pfecessing-4-exceptioas-te-standa.Fds--and A Tree Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. 8. wee: C. Fee exception: ng-associated-with 8. The certificate must show that the applicant is insured against claims of amounts: 2. Property damage liability: „ W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 10 of 28 Section 6. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.050, is hereby amended to read as follows: 18.54.050 Permit Approval Criteria, General ned-and conducted to meet all of the criteria below. Thee criteria shall be a basis for All Tree Permit applications shall meet the criteria outlined below for approval. 1. Existing trees will be retained on -site to the maximum extent possible as required by TMC Section 18.54.060 and as recommended in the Qualified Tree Professional report, if applicable. 2. Tree protection will be implemented as required in TMC Section 18.54.070. 3. Tree replacement will be implemented as required in TMC Section 18.54.080. 4. Tree replacement funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC Section 18.54.100, if required. 5. A performance assurance will be submitted as required in TMC Section 18.54.110. Section 7. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.060, is hereby amended to read as follows: 18.54.060 Tree Retention Standards a. Priority shall be given to retention of existing stands of trees, trees at cite perimeter, trees within the shoreline I_ , otected trees shall be: (1) retained; OR protected trees. o:- a - preserve, to , vegetation, W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 11 of 28 A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or shortplat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of buildings, parking or other elements of the proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. B. Topping of trees is prohibited and considered removal. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Low with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a Target or Risk Target; or d. Extreme risk. 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures, and potential for root or canopy interference with utilities. D. 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 with a single- family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC Section 18.54.080 and Table B. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the tree removal. E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off -site tree replacement as required by this chapter. F. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. G. The Department shall conduct a tree canopy assessment every five years from the date of the adoption of this chapter to ensure the tree canopy goals of the Comprehensive Plan are being met. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 12 of 28 Section 8. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.070, is hereby amended to read as follows: 18.54.070 Tree Protection Measures Standards a The proposa re the viahility of All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third - party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6-foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 13 of 28 due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC Chapter 18.54." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery, shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not mpacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. Section 9. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.080, is hereby amended to read as follows: 18.54.080 Tree Replacement Standards When tree replacement is required, tThe site shall be planted with trees to meet the following minimum requirements: 1. Each existing Ssignificant Ttree removed, above the number allowed in Table A, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Replacement Fund. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 14 of 28 2. Tree Replacement Ratios. Table B establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36-month period, as shown in -able A, has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, are not required to be replaced. Trees determined to be Defective by the City or a Qualified Tree Professional, are not required to be replaced. 3. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 4. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Tree Replacement Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. 4 8 inches 1- 8 12 inches 2 12 18 inches 4 18 24 inches 6 ,2 4-inches, 8 TABLE B Tree Replacement Requirements Amount of Mature Tree Equivalent Stature Tree Number of Replacement Canopy Removed Trees p to 500 sq. ft. Small Canopy Tree 1 501-1000 s. ft. Medium Canopy Tree 2 >1001 sq. ft. Large Canopy Tree 5. Tree replacement shall also meet the standards in TMC Section 18.54.160. 4)—Ail-inimum sizes shall be 2. , feet -in height for -evergreen -trees, 24 inches in hevht for shrubs, and 1 -gallon for groundcover. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 15 of 28 (3) Planting and ensure survival. 4. ironment - TThertc ing-Hoff, and m ods to be used -in wildlife fisheries -a d the c grounding environment are minimized Section 10. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.090, is hereby amended to read as follows: 18.54.090 Tree Relocation Tree relocation shall be carried out according to Bbest Mmanagement Ppractices, and trees proposed for relocation shall have a reasonable chance of survival. Section 11. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.100, is hereby amended to read as follows: 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table B cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2-inch caliper deciduous or 6-foot evergreen tree; 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including_ but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree replacement funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, pursuant to TMC Section 18.54.160. L1/JX o l,r{, it uo I 1 q w( lr W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 16 of 28 Section 12. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.110, is hereby amended to read as follows: 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance, -a- 'ee Clearing Permit, the Director may require from the applicant to submit a bond, letter of credit, or other means of assurance_security acceptable to the City prior to issuance of a Tree Permit, subject to Tthe following provisions: 1. Tree Protection Assurance. The applicant may be required to post a three year performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. 2. Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a one year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one-year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. 3. Replacement trees damaged due to natural disasters such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. 4. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staffs best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this chapter. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 17 of 28 5. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post - construction evaluations or following any prescribed trial maintenance period required in the permit. 6. Performance assurances provided in accordance with this chapter may be enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 1. The required security shall be submitted prior to the i cuance of a—T-fec Clearing-Pernit, 2. The security shall be equal to City Staffs best estimate of possible costs authorized to be cleared under a Tree Clearing Permit (c.g. the replacement of amount equal to 2.5 times the current cost of replacing the plants per the Tree 3. The security shall not be fully released without final inspection and Section 13. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.120, is hereby amended to read as follows: 18.54.120 Liability A. Liability for any dvefse ' pacts or damages resulting from work performed in accordance with a Tre _ - _ . Permit limits, shall -will be the sole resp• sibility of the owner of the site for which the permit was issued. B. Issuance of a Tree-Cleafing Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to -pef-TMC Chapter 8.28. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 18 of 28 D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. The applicant shall at all times protect improvements to adjacent properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. Section 14. Ordinance No. 1770 §32, as currently codified at TMC Section 18.54.150, and Ord. No. 1758 §1 (part), as codified at TMC Section 18.54.130, are hereby amended to read as follows and recodified as TMC Section 18.54.130: 18.54.130 Permit Processing and Duration A. --the Tree Clearing Permit. All Tree Clearing -Permits and exceptions shall) be processed as Type 1 decisions. Exceptions to the requirements of this chapter shall be processed as a Type 2 decision. B. If the Tree Clearing Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. From the date of issuance, Tree permits expire one year after the date the permit is issued . Section 15. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.140, is hereby amended to read as follows: 18.54.140 Permit Exceptions A. Exception Procedures. An applicant seeking an exception from this chapter shall submit a Tree Exception Permit application in addition to the Tree Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the City. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria: 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 19 of 28 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree vegetation} -removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional at the expense of the applicant. c On site planting of all required -replacement trees is the -project includes an eg ateet-oontr+ for of -site tree by the-applicant--and-Director. meet -the -intent of-this-ohapter, B. Re sites with dense—s and - of-treeshere the cost of identification of individual -tree species and sizes is inordinate relative to the project, the Director may allow the applicant to and replacement of trees: --The site shall have a minimum -canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. 2. To meet the requirements for site canopy cover, canopy cover may consist of -any -combination -of existing trees and replacement ees.Canopycoverr-of-zac-h-new tree shall be calculated at 314 square feet. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 20 of 28 Section 16. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.150, is hereby amended to read as follows: 18.54.150 Permit Conformance A---PlanAll work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. operations, healthy condition by the property owner throughout the life of the project, unless Section 17. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.160, is hereby amended to read as follows: 18.54.160 Soil Preparation, Plant Material and Maintenance Standards A. Soil Preparation. 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with Best Management Practices including, but not limited to: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 21 of 28 c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enouqh to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 4-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around qroundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material Standards. 1. Plant material shall be healthy, vigorous and well -formed, with well - developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown and be of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case -by -case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning. 1. Pruning of trees should be (1) for the health of the plant material, (2) to maintain sight distances or sight lines, or (3) if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest potential. 2. All protected and replacement trees and vegetation shown in an approved Tree Permit shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 22 of 28 provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Section 18. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.170, is hereby amended to read as follows: 18.54.170 Heritage Trees and Heritage Groves A. -Heritage Trees or a Heritage Grove must be nominated for designation by, or (approved for nomination by, the owner of the property on which the tree or grove is located. B. Designation Criteria. A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. C. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. D. Heritage Tree or Heritage Grove Development Review. 1. When development is proposed for property that contains a Heritage Tree or Grove, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 23 of 28 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) or Grove may be reviewed and granted as _part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Tree(s) or Grove. 4. Removal of a Heritage Tree. No _person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one- year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown shall apply for a Tree Permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by a Qualified Tree Professional; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 24 of 28 Section 19. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.180, is hereby amended to read as follows: 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. Section 20. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.190, is hereby amended to read as follows: 18.54.190 Violations with an approved Tree Clearing Permit, where such permit is required, or not in A. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC Chapter 8.45. B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to three times the marketable value of each tree removed or damaged as determined by a Qualified Tree Professional. 3. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund; 25% into the General Fund. 4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 5. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC Section 18.54.200. 6. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 25 of 28 Section 21. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.200, is hereby amended to read as follows: 18.54.200 Remedial Measures A. Whenever conflicts exist between this chapter and federal, State or local law.,; In addition to the penalties assessed, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Any illegal removal of required trees shall be subject to obtaining a Tree Permit and replacement with trees that meet or exceed the functional value of the removed trees. 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Replacement Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table B. 3. The applicant shall satisfy the permit provisions as specified in this chapter. 4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter. 5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice of Violation and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified br the Director. 6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. Section 22. Ordinance No. 1758 §1 (part) is hereby amended to establish a new TMC Section 18.54.210 to read as follows: 18.54.210 Enforcement A. General. in addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45,, Civil the Director may take any or all of the enforcement actions prescribed in this 9+na-nee W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 26 of 28 chapter to ensure compliance with, and/or remedy a violation of this Ordinancochapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Glean -Fig -Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, OR or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Clearing -Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree ClearingPermit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Tree Clearing -Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property for the purpose of inspection-forto ensure compliance with the provisions of a Tree Clearing Permit or this chapter, consistent with TMC Chapter 8.45.070, Authority to -Inspect. 2. Where deemed necessary by tThe Director may require a final inspection as a condition of to -ens, � omp ia-Roe with -Tree Permit issuance to ensure compliance with this chapter permit requirements, upon completion of all requirements of a Tree shall request a final inspection by contacting the Director. The permit process is complete upon final approval by the Director. required: 2. Remedial measures must conform to the purposes and intent of this W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 27 of 28 4—The cost the appliGants Section 23. Repealer. Ordinance No. 2291 is hereby repealed in its entirety. Section 24. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 25. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 26. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 28 of 28 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director CHAIR, NHAN NGUYEN; VICE -CHAIR, DENNIS MARTINEZ; COMMISSIONERS, MIGUEL MAESTAS, SHARON MANN, MIKE HANSEN, LOUISE STRANDER AND HEIDI WATTERS PLANNING COMMISSION PUBLIC HEARING AGENDA JANUARY 25, 2018 - 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS I. CALL THE MEETING TO ORDER II. ATTENDANCE III. ADOPTION OF 12-14-17 MINUTES IV. CASE NUMBER: L17-0077 APPLICANT: City of Tukwila, Dept. of Community Development REQUEST: Revise TMC 18.54, Tree Regulations, to address Comprehensive Plan urban forestry goals and polices and revise TMC 18.06, Definitions, to incorporate urban forestry terms and revise landscaping terminology. LOCATION: City-wide V. DIRECTOR'S REPORT IV. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • We:6:site: TukwilaWA.gov StDr of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila Planning Commission FROM: Carol Lumb, Senior Planner Andrea Cummins, Urban Environmentalist DATE: January 17, 2018 SUBJECT: January 25, 2018 Public Hearing on TMC 18.54, Tree Regulations and TMC 18.06, Definitions The public hearing on revisions to the City's tree regulations and Zoning Code definitions, originally scheduled for January 11, 2018, was postponed to January 25th due to a lack of a quorum. We hope that those of you who were ill are feeling much better by now. We received two comments from the public just prior to the January 11th meeting that are attached for your review: Attachment I - verbal comments from Vern Meryhew, which were transcribed by staff for your consideration; and Attachment J - emailed comments from Vanessa and Greg Zaputil. Please note these two items have been labeled so as to follow the last labeled Attachment in your January 11th packet and have been added at the end of the January 11 th materials that follow this memo. If you have any questions, or would like to schedule time with staff to discuss the draft regulations, please let us know. You can contact me at 206-431-3661 or at Caroi.LumbATukwilawa.gov. ATTACHMENTS I. January 9, 2018 comments from Vern Meryhew J. January 10, 2018 email from from Vanessa and Greg Zaputil with comments attached. CL 1/17/2018 4:18 PM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelDraft Tree Code\Planning Commission\PC Info Memo 1-25-18 Mtg. 2 City of Tukwila Planning Commission PLANNING COMMISSION WORKSESSION MINUTES Date: December 14, 2017 Time: 6:30 PM Location: Council Chambers Present: Commissioners Sharon Mann, Mike Hansen, Louise Strander, and Dennis Martinez Absent: Chair, Miguel Maestas; Vice -Chair Nhan Nguyen i. Staff: Nora Gierloff, Deputy Director, Carol Lumb, Senior Planner; Andrea Cummins, " Urban Environmentalist, and Wynetta Bivens,.Planning Commission Secretary Chair Pro Tem, Sharon Mann called the meeting to order. This work session is a continuance from the 11/16/17 work session on the proposed,revisions to TMC 18.54, Tree Regulations and revisions to definitions found/in\TMC 18.06 related -to landscaping, urban forestry and trees. Chair Pro Tem allowed comments from one citizen. Vanessa Zaputil, a citizen, said that the third bullet in the staff memo is incorrect, that what is proposed is not the same as what is currently in TMC 18.54.050,\Permit Exempt Activities verbiage. She also said adding the arborist fee report cost to the permit fees will be a financial burden to the small business owners and residents. She also expressed concern with a property owner not being able to remove a tree due to cost, which she said is a safety concern. She does not want the situation where people aren't taking out trees because financial cost and regulatory requirements are too burdensome. Commissioner Mann requested staff address the citizen's concerns on the permit activities verbiage: Staff said the difference in the codes requirement is based on the tree size. There was further` discussion. Commissioner Martinez, expressed concern for long-term residents being on fixed incomes and having the financial burden to senior citizens. Commissioner Mann requested to note this as a concern. Carol Lumb, Senior Planner, and Andrea Cummins, Urban Environmentalist, Department of Community Development went over the proposed definitions and proposed tree regulations and answered questions. ACTION ITEMS: - Bring back to the Commission, definition of significant tree size compared to other jurisdictions 4 Page 2 Public Hearing Minutes December 14, 2017 - Send information to the Commission on the comparison difference of other Cities for significant tree sizes as soon as possible. Commissioner Hansen noted that the comparison of neighboring Cities is quite important in their discussion and, said he was disappointed that the Commission didn't have the information for this discussion. - Bring back to the Commission, documentation on Tree maintenance in the public right -a -way (page 110) - Provide a chart on significant trees 4" versus 6" - Provide more information from the City Attorney on Injunctive relief REVISIONS: Page 96, nuisance trees — add underground utilities. Page 97 — send significant tree size chart as soon as possible Page 103, D. change wording to match chart on page 104— no arborist report for trees greater than 18" Page 106 clean up verbiage, paragraph D, nuisance tree. Page 108, if tree is damaged by an act of nature, it is not required to be replaced (see page 110 18.54.110 C. for language) Page 110, D. top of page, need more information about liability Page 118, Injunctive Relief— "threatening to violate" — need information about this phrase. DIRECTOR'S REPORT: Commissioner Nguyen will be the chair for 2018, and Commissioner Martinez, Vice -Chair. Heidi Watters the new Planning Commissioner will go to City Council for confirmation on January 2, 2018. Overview of the 2018 Planning Commission schedule. Staff asked how they could help the Commission the process to go smoothly next in 2018. PC Responses: - Provide packets with completed work on the project before coming to PC. - Have representatives from the Police or Fire department present when Variances, parking, or set -backs are being considered. - Commitment for enforcement regarding the decisions PC make. - Better outreach to citizens regarding projects in their neighborhood. - Staff gave an overview of the upcoming schedule of items to come to PC. - Staff thanked the Commission for all their work in 2017. Adjourned: 9:15 PM Submitted by: Wynetta Bivens Planning Commission Secretary 5 TO: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Tukwila Planning Commission FROM: Carol Lumb, Senior Planner Andrea Cummins, Urban Environmentalist DATE: December 28, 2017 SUBJECT: January 11, 2018 Public Hearing on TMC 18.54, Tree Regulations and TMC 18.06, Definitions On January 11, 2018, the Planning Commission will hold a public hearing on revisions to the City's tree regulations, found in TMC 18.54, and Zoning Code definitions found in TMC 18.06. The following changes have been made to the draft regulations, based on Planning Commission direction to -date (these changes are also highlighted in yellow in the draft regulations): 1. TMC 18.06 Definitions: • Nuisance Tree definition has been revised to add "underground utilities". 2. TMC 18.54, Tree Regulations: a. 18.54.020 D. "Exceptional Tree" deleted from requirement to provide an arborist's report. b. 18.54.040 A. spell out "CRZ": Critical Root Zone. c. 18.54.040 Table A — Arborist report not required for trees 18 finches or greater in diameter within a 36-month period. d. 18.54.060 D. The Planning Commission requested that the language of the first sentence be revised. Staff suggests the following: 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 with a single-family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC 18.54.080 and Tablle B. e. 18.54.080 B. new last sentence exempts trees damaged or destroyed due to a natural disaster from replacement. CL 1/42018 2:50 PM W:IISharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelDraft Tree CodelPlanning Commission\PC Info Memo 12-28-17 6 Informational Memo Planning Commission 1-11-18 Pubic Hearing Page 2 f. 18.54.100 D. The Planning Commission expressed concerns about possible liability from trees planted in the right-of-way. Staff has requested guidance from the City Attorney and Public Works on this issue. g. 18.54.210 B. The Planning Commission requested clarification about requesting injunctive relief on the basis on someone threatening to violate the tree regulations. Staff has researched the question and has the following information: Typically, a request for injunctive relief must be authorized by the City Council, which can be time consuming as an item must be scheduled on the Council's meeting calendar. The language in this subsection would permit the Director of the Department to initiate legal proceedings in the event of an emergency, which would save time. This language is in the current TMC 18.54 and is proposed to carry forward into the draft going to the City Council. Attachment F is a memo from Assistant City Attorney Ann Marie Soto responding to questions about liability and Attachment G is information from Robin Tischmak, Acting Public Works Director, and City Engineer, regarding trees in the right-of-way and also requesting two changes to the draft tree regulations. DCD staff are in agreement with the requested changes from Public Works to the draft tree regulations. RECOMMENDATION Conduct the public hearing on the proposed revisions to TMC 18.06 and TMC 18.54, deliberate and make a recommendation to the City Council. ATTACHMENTS A. Draft revisions to Definitions, TMC 18.06 in strikeout/underline format showing staff proposed changes, Advisory Committee and Planning Commission revisions. B. Draft revisions to TMC 18.54, Tree Regulations, with the staff proposed changes accepted, Advisory Committee and Planning Commission revisions shown in strikeout/underline. C. Comprehensive Plan Urban Forestry Goals and Policies. D. Current TMC 18.54. E. Staff Report on land use file L17-0077, Revisions to TMC 18.06 and TMC 18.54 F. Memo from Ann Marie Soto, Assistant City Attorney G. Email from Robin Tischmak, Acting Public Works Director H. Significant Tree Comparison Chart. CL 1/4/2018 2:50 PM 7.\\Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Draft Tree CodelPlanning Commission\PC Info Memo 12-28-17 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Note: New text is shown as underlined text; text proposed for deletion is shown in eout. This list of definitions includes existing definitions as well as proposed new definitions related to trees and landscaping. ######### At -Risk Tree "At -Risk Tree" meansla tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. 18.06.125'Ca[ipef� "Caliper" means the AmericanHort accented standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken sixb-inches above the ground for up to and including four -inch caliper size trees and 12 inches above ground for larger size trees.' 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. 18.06.135 Canopy'Cover' "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a the site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City's Recommended Tree List. 18.06-140 Certified Arborist: "Certified Arborist"-, see "Qualified Tree Professional" CL Page l of 8 W:\5harePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL1]: This is a new definition from Lake Forest Park with revisions proposed by staff. Commented [CL2]: Current definition with revisions from Kirkland definition. Commented [CL3]: "AmericanHort" is the professional association formerly known as the American Nursery and Landscape Association, which merged with the Association of Horticultural Professionals to become AmericanHort. Commented [CL4]: This definition applies to nursery stock for new trees being planted and is distinguished from measuring diameter of existing trees. Existing trees are measured 4.5 feet from the ground, which is also referred to as "Diameter at Breast Height — OBH". Commented [CL5]: Current definition with additions from Lake Forest Park. Attachment A 8 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.145 !Clearing' Commented [CL6]: No change proposed. "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. Critical Rootfone) "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a qualified professional (example: a 24-inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter). Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches Commented [CL7]: Lake Forest Park We propose using this term rather than "Essential Root Zone" Commented [CL8]: ISA source of definition Dead rreej Commented [CL9]: Lake Forest Park. "Dead Tree" means a tree with no live crown and no functioning vascular tissue. 18.06.199 Defective Free! "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree faillure); and 3. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. Diameter at Breast Height (DBH1 "Diameter at Breast Height (DBH)" means the diameter of existing Trees measured four and one-half feet above the ground. CL Page 2 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL10]: This definition was added when the landscaping code was revised in March, 2017. Commented [CL11]: Lake Forest Park 9 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Commented CL12 : From Kirkland and Lake Forest Park �riplin [ ] "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater (this from Lake Forest Park). fisse4►tial-Root•2eee beyeR€141%Ff Exceptional Tree "Exceptional Tree" means a tree that is at least 18inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 24 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 1824 inches, the tree shall be considered an Exceptional Tree. 18.06.380 Groundcover "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface Hazardous Tree See "Defective f Treef'. HeritagejTreelor Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Invasive Plant and Tree List "Invasive Plant and Tree List" means the City list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights -of -way, CL Page 3 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL13]: Proposed using the term "Critical Root Zone" rather than this term. Commented [CL14]: Size of Exceptional Tree revised by Committee. Commented [CL15]: This definition revised when landscaping code revisions were adopted in March, 2017. - Commented [CL16]: Issaquah TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions InvasivefTre�, [ ] Commented AC17 : ISA source for definition. "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco-system. Landscape Design Professional "Landscape Design Professional" means a landscape architect pease s licensed by the State of JVashingtonior an individual who has graduated from an et#+eF accredited landscape design programe€essisnaL 18.06.490 Landscaping or Landscaped Areas "Landscaping or Landscaped Areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In( addition, landscaping or landscaped �— areas may also serve as bioswales to reduce storm water runoff, subject to the standards of this Chapter and TMC Chapter 14.30. Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. 18.06.586 Native Vegetation "Native vegetation" means vegetation with a genetic origin of Western Washington, Northern Oregon and Southern British Columbia, not including cultivars. Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures, including, but not limited to sidewalks, curbs the surfaces of streets, parking lots, or driveways, or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. CL Page 4 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL18]: This definition added to reflect new landscape code and text in TMC 18.52 that identifies those individuals who may prepare landscape plans for projects. Commented [CL19]: Propose using "Landscape Design Professional" Commented [CL20]: Amended definition to reflect new landscaping code, which allows bioswales to substitute as landscaped areas if certain criteria are met. 11 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.645 Protected Tree/Protected Vegetation "Protected tree/Protected Vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. 18.06.650 Protection Measure "Protection Measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Clearing -Permit. 18.06.651 Protective encingJ "Protective Fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is required by iaa Tree Clearing or approved landscaping plan. runin "Pruning" means the cutting or limbing of tree or shrub branches. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". Commented [CL21]: Current definition, with proposed revisions. Commented [CL221: New definition, primarily from Portland, with staff additions. Qualified Tree'Professional( an individual who is a certified professional with academic and Commented [CL23]: Modified from Lake Forest Park ) field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. Arborists preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. Risk "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. CL Page 5 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL24]: Modified from Lake Forest Park with City revisions. TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.705 Screening: "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. 18.06.775 Significant IFreel- "Significant Tree" means a single-trunked tree which is four-4 inches or more in diameter as measured the-greund(DBH} gr-ade or a multi-trunked tree with a diameter of two -inches or more on any trunk (such as willows or vine maple). 18.06.777 Significant Vegetation litemovall "Significant Vegetation Removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. Commented [CL25]: Revised to reconcile this definition with the definition for a "Significant Tree" in the shoreline jurisdiction. Commented [CL26]: No changes proposed to this definition. j Site Iaisturbancel: Commented [CL27]: New definition — Kirkland. "Site Disturbance" means any development construction, or related operation that could alter the subject property, including, but not limited to, soil compaction including foot traffic, tree or stump removal, road, driveway or building construction, installation of utilities, or grading. CL Page 6 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL28]: In searching the code, I do not find the term "Solid Planting" used; TMC 18.52.020 D defines 'Type III -Heavy Perimeter Screening", which is essentially a solid planting, so this definition is not needed. 13 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting properhil Target or RiskiTargett: "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. Tree Risk Assessment "Tree Risk Assessment" means the systematic process to identify, analyze and evaluate tree risk, -prepared in accordance with the latest version of the ISA Best Management Practices Guide by a Qualified Tree Professional. Commented [CL291: This definition from Kirkland. Street tree is also defined in TMC 11.04.040 #83 as "any trees located on any street or public right-of-way". It is not defined in the new TMC 18.52 ordinance. Commented [CL30]: Modified from Lake Forest Park. Tree Risk Assessor`: Commented [CL31]: Modified from Lake Forest Park. "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target and determines options for treatment or mitigation. 18.06.845 'Tree! "Tree" means any self-supporting woody plant mete characterized by one main trunk, or for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity that is recognized as a Tree in the nursery and arboricultural industries. 18.06.850 Tree RemovalClearring Permit: "Tree ReFaeval-Cleating Permit" means a permit issued by the Director authorizing tree eleaf:ing removal activities, or work that may impact the Critical Root IZonel pursuant to the general permit provisions of this Title. CL Page 7 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL32]: Current definition with revisions from Lake Forest Park. Commented [CL33]: This phrase added by staff to reflect change irc permit title by Advisory Committee and the various circumstances that may trigger a Tree Permit. TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Tree Remova( "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems, destroying the structural integrity of trees through improper pruning, poisoning, or filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Commented [CL34]: New definition from Lake Forest Park. fToppinpi Commented [CL35]: Revised from Portland "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) "A 300 Pruning Standards" and companion "Best Management Practices for Tree Pruning" published by the International Society of Arboriculture such as crown reduction utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. 18.06.860 Understory Vegetation: "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. 18.06.910 Vegetation: "Vegetation" means living trees, shrubs or groundcover plants. Viable Iree4: "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure is relatively Windfirm if isolated or exposed, and is a species that is suitable for its location and is therefore worthy of long-term retention. Commented [CL36]: Lake Forest Park Miindfirmi ,----( Commented [CL371: Lake Forest Park "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined that can withstand normal winter storms or surrounding tree removal. CL Page 8 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM 15 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Scope 18.54,030 Tree -Removal Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria, General 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54,110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.170 Heritage Trees and Heritage Groves 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 18.54.010 'urposel The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Regu'.� c pProtectiewe# existing trees prior to and during iievelopmentk 2. Establish protections -requirements for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; Commented [CL1]: New purpose text to reflect adopted Urban Forestry Comprehensive Plan goals and policies. Commented [CL2]: Advisory Committee revisions to Purposes Pi and 2. Attachment B 16 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees and understory vegetation f A'ithinithe City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. 18.54.030 Tree Removal Permit Required (LFP) A. Permit lRequiredll 1_A Tree Removal Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of these Trees within the City, unless the action is exempt from this Chapter. 4 2. A Tree Removal Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown. 3_A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B_Tree Removal on undeveloped lots is prohibited. C. Tree Removal lrxemptionsl The following activities are exempt from the requirements of this Chapter: 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine fraintenancelof trees necessary to maintain the health of cultivated / Commented [CL3]: These regulations do not address understory vegetation —just trees. Understory vegetation is regulated in SAO and Shoreline regulations. Commented [CL4]: Committee revision: Name permit "Tree Permit" then have different types: 1. lree Removal 2.Tree Impact (for work in CRZ) 3. Heritage Tree Removal or Pruning over 20% of existing crown. 4. Exceptional Tree Removal 5.Tree Removal -Utilities Commented [CL5]: Mix of Lake Forest Park and current exemptions in TMC 18.54 Commented [CL6]: From TMC 18.54.050 plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year periodl Commented [CL7]: Added by Advisory Committee. IllEmergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree CL Page 2 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 17 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Removal Permit application within one week of the emergency action and replace the tree(s) if required by this Chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the pirectorj D. Tree Removal Permit Arborist Report —All Tree -Removal Permits shall require an ISA Certified Arborist i.eportviewl, unless otherwise stated in this Chapter.; exccp f~ 14e 4weRiog-etileF4hao-fer--E-Noeoti000l-or-14efitage-T-Fees, An arborist's report is not required for the permitted removal of trees, other than €xceptional-orl Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. 18.54.040 PERMIT SUBNIITTAL, REQUIREMENTS Commented [CL1O]: Revised this subsection to require an arborist report, not just an arborist's review. Commented [CL8]: Added at the request of Seattle City Light. Commented [CL9]: Committee approved substitute language —avoids the need to define "major storm even', and also there might be other entities besides utilities that would need to use this provision. Commented [CL11]: This revision makes the text consistent with a revision the Planning Commission made to Table A, under 8. below. A. Permit Application. Prior to any tree removalL-ec site clearing, or work within the Critical Root Zone,a Tree Removal Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal khowingk Commented [CL12]: TMC 18.54.080 1. a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal howingk ,----(Commented [CL13]: From TMC 18.54.080 2. a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the Ifollowingk „/(Commented [CL14]: Revised from TMC18.54.0803. ) CL Page 3 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required 4. A photo of the tree(s) to be impacted or removed. 4-.5. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. B. Single Family Tree Removal -Removal-of-Up to Four Trees of Less. The removal of 1-4 trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements in Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: 2. Number and size of trees to be removed. 3. The location of any affected lutilitvilines within the overhead "fall zone" or other �.-- built infrastructure. 4. Photos of the tree(s) to be removed; 5_The method of removal and identification of contractor; and 6. Time schedule of tree removal. Table A Single Family Tree Removal Requirements Trees (DBH) # of Trees in 36 Month Tree Permit? Arborist Report? Period that can be Remove[ 4-8" 4 Tree Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >1844" 1 Yes - o >442 Yes CL Page 4 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL15]: New text. Commented [CL16]: Permit application should also suggest that applicant call 811 for a utility locate to ensure no underground utilities will be impacted by tree removal. Commented [CL171: The Committee wanted to tie the number of trees that can be removed from single family zoned properties improved with a dwelling to the size of the trees being removed. The larger the tree removed, the fewer that can be taken out in a 36 month period. Commented [CL18]: Planning Commission revision to not require an arborist's report for Exceptional tree removal. 19 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions See Table B for the number of replacement trees required, if any. A: C. Permit Materials IWaiveri Commented [CL19]: From existing TMC 18.54.090 The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application eel Fee required: A Tree Removal. Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. 18.54.050 Permit Approval Criteria, General. A All Tree Removal Permit applications shall meet the criteria outlined below for approval. 8. &A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. &B. Tree protection will be implemented as required in TMC 18.54.070. €C. Tree replacement will be implemented as required in TMC 18.54.080. FAD. Tree replacement Minds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. 6:E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of CL Page 5 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL20]: Modified from existing TMC 18.54.100 Commented [CL21]: Revised and moved to Permit Approval Criteria section. ,/(Commented [CL22]: Replaced with proposed text below. , Commented [CL23]: The topic of tree retention is currently found in TMC 18.54.130 1. and is proposed to be replaced with the text below. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees! B. Topping of trees is prohibited and considered removal,. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. .11lhen trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Llow with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target; or, d. Extreme risk.L 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures and potential for root or canopy interference with utilities. D. Where permitted, removal of Exceptional or Significant trees on a property zoned 1.owj Density Residential and improved with a single-family dwelling beyond the up to four trees permitted within a 36-month period shall be replaced pursuant to the tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the loss of the gct3tior as zi •^suit of the tree removal. cover from the City's preferred tree list. =E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off - site tree replacement as required by this Chapter. 6:F. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. i Commented [AC241: From 18.44.080 8.1. Commented [AC25]: From Lake Forest Park Commented [CL26]: The Planning Commission requested that the language in D. be revised to be clearer. Staff proposes the following: 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 with a single-family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC 18.54.080, any Table B. Commented [CL27]: Should be trees not vegetation, as this Chapter does not address vegetation retention. Commented [CL28]: Subsection E. is from existing code, TMC 18.54.140 B. It was deleted by the Committee as eliminating this option will provide site specific tree inventory information when development is proposed. G. The IDepartrnen shall conduct a tree canopy assessment every five years from the date / Commented [CL291: Added by the Committee to make of the adoption of this Chapter to ensure that the tree canopy goals of the Comprehensive Plan are being met. CL Page 6 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \20I6-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown sure we are monitoring tree canopy percentages over time. 21 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 18.54.070 Tree Protection tandardsJ All treesvcgctc*?cn not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third-partyAn arborist mimed to review long-term viability of the tree. C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the eeristr4etiea physical -barriers shall be based on the approximate age of the tree (height and canopy) as ollow4 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE —THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54.190." G. All tree protection measures &hae-installed aild shall be inspected by the City, and if deemed necessary, a Qualified Tree Professional, prior to beginning construction or earth i•novingl Commuted [CL33]: Modified from TMC 18.54.160 B. H. Any branches or limbs that are outside of the CRZ and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs except under the direct supervision of an ISA Certified A4rborist4 _ I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. Commented [CL30]: Title of section revised from current code Commented [CL31]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as the tree protection criteria to be followed. Commented [CL32]: From ISA standards CL Page 7 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL34]: The Committee discussed when or if to allow construction personnel to prune affected tree limbs. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 P'eetlof the CRZ shall be approved by the City prior to implementation. L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection shall be conducted by the City Ito finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 18.54.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum ioequirementsi A. Each existing Significant Tree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Replacement Fund. B. Tree Replacement Ratios: Table BA below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For propertiesy zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36 month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms hail ice or snow storms, and earthquakes, are not required to be eplaced[ C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement(s)prreject:. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 0--If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Ttree Reeplacement Ffund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some CL Page 8 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL35]: Confirm with PW — is this a reasonable distance Staff have confirmed with the Acting Public Works Director that this language is OK. Commented [CL36]: Existing code, TMC 18.54.130 3. with revisions as noted. Commented [CL37]: This language added by the Planning Commission — similar to language in 18.54.110 C., below 23 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. !AMC tSA: 1 ree Replacement Requirements Diameter* of Tree Removed (*mcosurcd , mbor of RepiacomeRt Trees Re iFeel at height of 1.5 feet from the -ground) 1 6 inches (single tun* 2 inches (any trunk trunk tree} of a multi Over 6 g inches 4 Over 8 20 inches 6 Over 20 inche, — _.--- Amount of Mature Tree Equivalent Stature Tree Number of Replacement anoplA Removed Trees Up to 500 sq. ft. Small Canopy Tree 1 501-1000 sq. ft. Medium Canopy Tree 2 >1001 sq. ft. Large Canopy Tree 3 &D. Tree replacement shall also meet the standards in TMC 18.54.160. 18.54.090 Tree Relocation! Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table BA cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen ree 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. CL Page 9 of 18 .1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL38]: We have increased the number of replamment trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL39]: Committee direction is to look at other ways to establish the number of trees required for replacement —perhaps tie to the amount of canopy proposed replacement tree would provide. Commented [CL40]: When removal of a tree is proposed, the number of trees required for replacement will be based on what the mature tree canopy of the removed tree would have been, not the current tree canopy provided. Commented [CL41]: Moved from TMC 18.54.130 5. to here. Commented [CL42]: Committee also added "installing" but that is covered in #2 below. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree Replacement funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree,.pursuant to TMC 18.54.16 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Removal. Permit, subject to the following provision: A. Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures duringfthel construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance ssurancel Where replacement trees are required, the applicant may be required to post a onet#ee-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one- vear replacement tree maintenance bond the developer shall assign the bond to the purchaser. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. CL Page 10 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL43]: Need to confirm with Public Works. Commented [CL44R43]: Public Works OK with this language. Commented [CL45]: Planning Commission expressed concerns about this section based on questions about liability for damage or injury from a street tree. Commented [CL46]: Revised from TMC 18.54.120 Commented [CL47]: Added by the Committee. Commented [CL48]: During the Advisory Committee's review, the question was raised on how to ensure the trees survive once the property is sold and the homeowner takes over maintenance. The last sentence of B. (highlighted) attempts to address this concern. 25 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be rcdccmcd enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 18.54.120!Liability' A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Rem val-g Permit, be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Remeadal Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. lrhelapplicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.130 Permit Processing and Duration! A. All Tree Removal Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. CL Page 11 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL49]: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. Commented [CM]: Moved from Permit Conformance section 18.54.160 C. Commented [CL51]: Existing text — moved from 18.54.150. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions B. If the Tree Removal Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree Rereval Permits expire one year after the date the permit is issued. 18.54.140 Permit 'Exceptions' A. Exception Procedures An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the'City, Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria 1. The Director may grant exceptions from the requirements of this Chapter when undue hardship may be created by strict compliance with the provisions of this Chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Chapter. 2. An exception to this Chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed treevegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception Commented [CL521: Existing code, TMC 18.54.140, except as noted in strikeout/underline. Commented [CL53]: Added by the Advisory Committee. request by a third party Qualified Tree Professional at the expense of the 'applicant'. Commented [CL54]: Staff suggested addition. 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. CL Page 12 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 27 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 18.54.160 Soil Preparation, Plant Material and Maintenance 'Standards' A. Soil Preparation Commented [CL55]: New section 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth[ -- of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. Commented [CL56]: A.1. And 2. Modified from TMC 18.52, landscaping regulations. 3. Installation of plants must comply with BMPs'ncludingl but not limited to: / Commented [CL57]: From TMC 18.52.070, landscaping regulations. a._Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material 'Standards) 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. CL Page 13 of 18 1/2/2018 6:01.06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CBS]: Text in this section adapted from TMC 18.52.060 Commented [CL59]: Accidental carry-over from Landscaping Chapter. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. lUVherelthere are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter imendedl No more than 25% of the tree canopy shall be pruned in any two-year period except for fruit trees; that-IA:4 i4 are being pruned to increase harvest kiotentiatl 2. 14llJprotected and replacement trees and vegetation shown in approved Tree Removal Nearing Permit Fr +ateriak shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clearing Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA Ceertified Arborist Util ialistior performed by the utility provider under the direction of an ISA Ceertified Arborist' itilitie Specialist. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage TreeHAnd Heritage 1Grovesi A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. B. Designation Criteria: A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or CL Page 14 of 18 1/2/2018 6:01:06 PM W:\\sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented (CUM: From TMC 18.52.060 8.4 Commented [CL61]: Modified from 18.52.080 C. J Commented [CL62]: Added by Committee to allow me -- aggressive pruning of fruit trees, if needed. Commented [CL63]: From TMC 18.54.160 D. Commented [CL64]: Deleted at suggestion of Seattle City Light (SCL) as contractors carrying out pruning have an ISA Certified Arborist on -site however not always with the Utilities Specialist qualifications. The SCL supervisor is typicafy a Utilities Specialist — this person would have discussed the pruning project ahead of time with the pruning contractor. Commented [CL65]: New section Commented [C166]: Heritage Grove added to this section as criteria for designation were similar to those to designate a Heritage Tree. 29 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. Commented [CL67]: The rest of this section is from the foliowing-eritcria City of Vancouver, Washington's heritage tree regulations. af-e-444ioet-ive-ei*ef-fkte-te-54ers4afaerroaeeies-ef-agei-ef ,.h as tr s I.. ated alo st. m banks r t. I.. atod alo riag lines; or aC. Heritage Tree Development Review 1. When development is proposed for property that contains a Heritage Tree, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a gualified-arbeeist Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subject property or an affected adiacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. CL Page 15 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 30 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Reaaeval Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown shall apply for a Tree Removal permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 1/iolationsl A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. CL Page 16 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \20I6-2017 landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL681: From landscaping Chapter, TMC 18.52.110. 31 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person }ruho fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2_Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to threetimes the marketable value of each tree removed or damaged as determined by an ISA certified arborist. -2-3. Any fines paid as a result of violations of this Chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund, 25% into the General Fund, 34_The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 4 5. Penalties are in addition to the restoration of removed ^'^ „-trees through the remedial measures listed in TMC Section 18.54.200. 6.:6_It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial Measuresj. In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. B. C. D. E. Any illegal removal of required trees shall be subject to obtaining a Tree Removal Permit and replacement with trees that meet or exceed the functional value of the removed trees. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table A-B The applicant shall satisfy the permit provisions as specified in this Chapter. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter„—aild-applic-ab4eLf- Title- Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. CL Page 17 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL69]: From landscaping Chapter Commented [C1.70]: RCW 64.12.030 allows treble damages, not four. Commented [CL71j: Remedial Measures from TMC 18.52.1E0, Enforcement and moved to be its own subsection. Items A and B are new; items C.— F. are existing text moved from TMC 18.54.180 D. Commented [CL72]: Revisions to TMC 18.45, the sensitive area regulations, will occur in 2018 and remedial measures for sensitive areas will be addressed there. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. 18.54.210 nforcementl A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this Chapter to ensure compliance with, and/or remedy a violation of this Chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Remeval Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree RemevalPermit, except work required to correct an imminent safety hazard as prescribed by the Director. B. injunctive relief.) Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Chapter or any provision of an approved Tree Removal Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Removal Permit or this Chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of Tree Removal Permit issuance to ensure compliance with this Chapter. The permit process is complete upon final approval by the Director. CL Page 18 of 18 1/2/2018 6:01:06 PM W:\\5harepoint Files \long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL73]: Existing text from TMC 18.54 that reflects revisions to the Enforcement section. Commented [CL74]: Planning Commission requested additional information on the "threatening to violate" portion of this subsection. Staff research follows: This sentence would permit the Director of the Department to take action to initiate legal proceedings — usually the normal course of action is to take the issue to the City Council to obtain their authorization to initiate legal proceedings. This can be more time consuming in the face of an emergency than the Director being authorized to take action. This language is in the current TMC 18.54 and is proposed to carry forward into the draft going to the City Council. 33 Urban Forestry Trees are recognized by Tukwila citizens, businesses, City stafif^and decision -makers. for their benefits to the environment, urban infrastructure and t ieir aesthetic POLICIES 4.12.1 Develop a formal urban forest management plan to promote and guide preservation, restoration and maintenance of a sustainable urban forest, using the goals and policies of this chapter as a basis for guidance. 4.12.2 Ensure that the benefits of trees are factored into site design and permit decisions. 4.12.3 Ensure that regulations recognize that larger trees provide more benefits than small trees. 4.12.4 Seek to create and fund an urban forester/municipal arborist position within the City, or contract for such services, to provide expertise for urban forest management planning, oversight of tree planting and maintenance, and assistance to all City departments that have responsibilities for tree management. 4.12.5 Educate the public, elected officials and City staff about the importance of and benefits provided by trees in Tukwila. 4.12.6 Develop tree valuation methods to reflect the value trees provide, for use in assessing fines, determining damages or estimating loss of tree benefits. 4.12.7 Identify funding sources to support urban forestry planning and management, and establish an urban forestry budget and account. 4.12.8 Consider developing an "exceptional"or"heritage"tree program to foster tree appreciation in the community. 4.12.9 Encourage public involvement in urban forest stewardship through volunteer events, free training workshops, and other means. TUKWILA COMPREHENSIVE PLAN - 2015 Attachment C PAGE 4-22 34 GOAL. 413 • Overall city-w►de tree canopy increased to a total of29'% by2a34. • Canopy coder rn individual zoning categories increased by 2034 as fisted below t rgh.t lnciustrial zones:r 3% increase from 20% to ach►eve 23% cod er Heavy Industr►al zones 1 % increase from 9 o-, to achieve 1©% cover Tukwila Urban. Center and Tukwila South 3'% increase from 13%,! to achieve 18% cover Office and Commercial 3 % increase from 29 %, to achieve 32% cover Parks 596 ►ncrease from 38%, to achieve 43% cover Public Rights of Way Increase canopy coverage through street tree plartt►r Specific canopyg�oal to be established based on future assessment. ro net loss ofcanopy coverin individual zoning categories, asl%sted below: ' ow Der sityResidential Maintain current City-wide canopy coverage of 471 'ium ;!and ugh Density Residential: Maintain current City w►de coverage o 4t POLICIES 4.13.1 Promote tree retention throughout the City by: • implementing educational programs for property owners and managers regarding tree selection and care, applicable regulations, selecting a qualified arborist, and other issues; • except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and • requiring financial assurances for required tree replanting and maintenance. 4.13.2 Improve retention of trees on steep slopes. * NOTE: Some public rights -of -way (such as WSDOT's) are not included in the total City-wide canopy calculation. Rights -of -way adjacent to public streets (i.e., where street trees would be planted) are included in each zoning category. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-23 35 4.13.3 Continue to protect trees in sensitive areas and the shoreline through relevant regulations. 4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies than the removed tree(s), except where existing or future infrastructure and/or public or private utilities impede the planting of large trees. 4.13.5 Develop mechanisms for protecting tree roots for public and private surface and underground infrastructure installation, including - in some cases - requiring the presence of a certified arborist when working in the critical root zone; replacement of trees where damage is unavoidable; and either requiring replanting or payment into a tree replacement fund as compensation, if planting on -site is not feasible. Establish reasonable procedures to ensure consideration of tree root protection during routine or emergency maintenance of existing utilities, and provide training to City and other public utility maintenance staff on root protection techniques. 4.13.6 Establish criteria for requiring professional assessment and corrective actions by property owners who damage code -required landscaping, street trees, or other required trees by topping, poor pruning practices or root disturbance. 4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on a site, establish procedures for off -site planting of replacement trees or payment into a dedicated tree replacement fund. 4.13.8 Develop tree planting and urban forest rehabilitation programs for City parks and other publicly -owned lands. Collaborate with other agencies, such as Washington's Department of Transportation, to promote planting in highway interchanges and other locations. 4.13.9 Collaborate with other government, non-profit organization, school and private sector entities, to promote urban forest management and restoration. 4.13.10 Provide flexibility in the landscape code to promote increased tree planting and/or planting of large canopy trees, and reward the preservation of existing healthy trees to assist in meeting the City's canopy goals. 4.13.11 Evaluate current parking lot landscape requirements to identify opportunities to increase tree canopy. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-24 36 4 NATURAL ENVIRONMIT GOAL 4.14 Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban forest is healthy, diverse, and safe. POLICIES 4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 4.14.2 Develop maintenance plans and programs for trees on City property or rights -of -way to ensure that maintenance pruning is properly carried out, that diseases and pest infestations are managed, that hazardous trees are identified and managed in a timely manner to reduce risks, and that invasive vegetation is properly managed. 4.14.3 Modify landscape code, and educate property owners, property managers, landscape maintenance companies and tree companies to promote best practices for soil preparation, planting techniques, pruning, trenching and general tree care. 4.14.4 Ensure that landscaping and replacement trees in new development or re -development are properly cared for and thrive in perpetuity, through such means as maintenance agreements, monitoring and enforcement. 4.14.5 Develop a mechanism to ensure that tree removal and maintenance companies have the necessary qualifications and liability insurance to work in Tukwila. 4.14.6 Modify landscape code to require diversity of tree species in landscape plantings and consideration of species already present in the vicinity. 4.14.7 Establish minimum standards and landscape specifications to ensure long-term tree health for street trees, required landscape trees and required replacement trees, including minimum soil volume, soil quality, plant quality, planting techniques, irrigation, mulching, tree pruning, and prohibition of topping. 4.14.8 Develop an approved/recommended tree list for street trees, landscape perimeter plant- ing and parking lots that recognizes the importance of the concept of "right tree, right place', taking into account available planting space and infrastructure/utility conflicts, and that considers the importance of species diversity, climate conditions, canopy coverage goals, allergy issues, urban wildlife benefits, and tolerance of urban conditions. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-25 37 4.14.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. 4.14.10 Perform vegetation management that is needed in utility rights -of -way that are located in sensitive areas or shoreline areas, in a manner that will maintain, restore or improve the shoreline or sensitive area ecological function. Implementation ,Strategies - Urban Forestry 21 Prepare and publish technical specifications for landscape professionals and landscape contractors reflecting best management practices/standards for achieving adequate soil conditions, plant quality specifications, proper planting techniques, proper mulch placement, tree care and pruning, and other relevant information. Prepare and make available technical guidance for homeowners on tree selection, planting, care, pruning, selecting a good arborist, and identifying and controlling invasive plants. NE Conduct volunteer activities in parks and other public areas to help carry out urban forest restoration plans, to remove invasive plants and plant native trees and other vegetation. IN Create "Adopt an Urban Forest;' "Ivy Removal Team; or similar programs, to actively remove invasive plants and promote ongoing stewardship of urban forests in the City's parks and other public areas. El Add an urban forestry page to the City's website that contains information about programs, regulations, technical guidance, finding a certified arborist, and other relevant issues. Expand the annual Arbor Day celebration to widen public participation; II Evaluate other jurisdiction's heritage tree programs, and reach out to business and resident community to determine interest in a heritage tree program in Tukwila. al Develop mechanisms for monitoring tree canopy growth, removal and replacement - in addition to periodic tree canopy assessments - using GIS and remote sensing methods; Review and amend, as necessary, SAO and Shoreline regulations to ensure consideration of tree retention, particularly in steep slope areas. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-26 38 IN Incorporate requirements in geotechnical studies to ensure evaluation of the role trees play in slope stability. Vg Develop incentives for increasing retention of trees on steep slopes. IX Provide ongoing training for City staff from all departments on tree selection, site preparation, proper planting techniques, protection of tree roots during construction activities, proper pruning, and general tree care. Prepare and publish technical specifications manuals for utility companies and City staff to identify techniques to protect tree roots during installation of public and private surface and underground infrastructure. Revise City regulations to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions. • Prepare an urban forest inventory for publically-owned trees in the City. • Notify property owners about applicable tree regulations via inclusion of fliers in storm water utility bill, direct mailings, and media announcements. • Improve the frequency of landscape and tree replacement inspections, and increase enforcement. • Develop street tree plans for various parts of the City, taking into account the need for diversity for tree health and urban design issues. Modify landscape, tree and right-of-way vegetation regulations, including consideration of a point system for landscape requirements, clarification of responsibilities for trees on City ROW, identifying incentive programs, and allowing for fines based on the value of trees damaged or removed. BS Develop street tree regulations that prioritize shade over ornamental needs. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-27 39 RELATED INFORMATION Natural Environment Background Report Tukwila Sensitive Areas Map Tukyvila Shoreline Master Program WR1A 9 Salmon Habitat Enhancement Plan Abandoned Underground Coal Mine Hazards Assessment Report Tukwila Urban Tree Canopy Assessment Tukwila Municipal Code, Chapter 18.45 TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-28 40 41 TUKWILA MUNICIPAL CODE CHAPTER 18.54 TREE REGULATIONS Sections: 18.54.010 Title 18.54.020 Purpose 18.54.030 Scope 18.54.050 Permit - Exempt Activities 18.54.060 Permit - Mandatory Standards 18.54.070 Permit Required 18.54.080 Permit Application Materials 18.54.090 Waiver to Permit Materials 18.54.100 Permit application fee 18.54.110 Applicant Insurance Required 18.54.120 Applicant Security Required 18.54.130 Permit Approval Criteria 18.54.140 Permit Exceptions 18.54.150 Permit Processing and Duration 18.54.160 Permit Conformance 18.54.170 Violations 18.54.180 Enforcement 18.54.190 Liability 18.54.200 Conflicts with Existing Codes and Ordinances 18.54.010 Title This Ordinance shall be known as the City of Tukwila "Tree Ordinance," and may be so cited. (Ord. 1758 §1(part), 1995) 18.54.020 Purpose This purpose of this chapter is to: 1. Mitigate certain environmental consequences of land development, and to maintain and improve the quality of Tukwila's urban environment. 2. Promote building and site planning practices that are responsive to the community's natural environment, without preventing reasonable development of land. 3. Regulate clearing of trees and understory vegetation in the City of Tukwila, in order to: a. Maintain and enhance' the aesthetic, ecological and economic benefits provided by vegetation, such as: (1) providing wildlife habitat; (2) reducing runoff and soil erosion; (3) reducing air pollution; (4) masking noise; (5) reducing wind speed and urban "wind tunnels"; (6) energy conservation, cooling of urban centers; (7) increasing real property values; (8) enhancing visual and aesthetic qualities of the urban environment. b. Maintain the viability of existing stands of trees and understory vegetation. c. Promote retention of native vegetation in sensitive areas and their buffers, shoreline areas, and wildlife habitat areas. 4. Provide a means to implement the requirements of the Sensitive Areas Overlay District chapter of this title, relative to vegetation removal in sensitive areas and sensitive area buffers. (Ord. 1758 §1 (part), 1995) 18.54.030 Scope This chapter sets forth rules and regulations to control clearing of trees and understory vegetation within the City of Tukwila. (Ord. 1758 §1 (part), 1995) 18.54.050 Permit - Exempt Activities The following activities are exempt from the application of this chapter and do not require a Tree Clearing Permit: 1. Clearing of any vegetation; UNLESS the site on which clearing is to occur is located in a sensitive area, sensitive area buffer, or shoreline zone. 2. On sites within a sensitive area, or sensitive area buffer, or shoreline zone: a. Clearing of up to 4 significant trees on a site currently zoned and developed for single-family residential use within any 36-month period; UNLESS the significant trees to be removed are located within a wetland, watercourse and their associated buffers or within the shoreline zone. b. Clearing of any vegetation located outside a sensitive area, sensitive area buffer or outside the shoreline zone. c. Removal of hazardous trees. d. Routine maintenance of vegetation necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard or threat to public safety per TMC Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading Regulations." 8.28, Nuisances. e. Vegetation removal necessary to the operation of an established Christmas tree farm or commercial plant nursery. f. Construction and maintenance of streets and utilities within City -approved rights -of -way and easements. (Ord. 1758 §1 (part), 1995) 18.54.060 Permit - Mandatory Standards All removal of significant trees and understory vegetation shall be undertaken in accordance with the mandatory standards specified in this chapter, except as provided in the Waiver to Permit Materials or Exceptions sections of this chapter. (Ord. 1758 §1 (part), 1995) Attachment D Page 18-172 Produced by the City of Tukwila, City Clerk's Offic2 TITLE 18 — ZONING 18.54.070 Permit Required No person shall conduct any clearing of vegetation without first obtaining a Tree Clearing Permit on a form approved by the Director; unless specifically exempted under this chapter. (Ord. 1758 §1 (part), 1995) 18.54.080 Permit Application Materials The following materials are required to obtain a Tree Clearing Permit: 1. Site Plan of the proposal, showing: a. Diameter, species name, location and canopy of existing significant trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all significant trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; d. Limits of any sensitive area and sensitive area buffer, and mean high water mark of the river. 2. Landscape Plan for the proposal, showing: a. Diameter, species name, spacing and location of replacement trees/vegetation to be used to replace vegetation cleared; b. Diameter, species name and location of all significant trees and vegetation to be retained; c. Proposed vegetation protection measures; d. Any other measures proposed to restore the environmental and aesthetic benefits previously provided by on - site vegetation. 3. Professional review or recommendation - Submittal of, or agreement to submit, a review, evaluation, recommendation or plan related to vegetation clearing or replacement prepared by a professional consultant(s), such as a landscape architect, surveyor, or certified arborist. Services may include, but are not limited to: a. Providing a written evaluation of the anticipated effects of proposed construction on the viability of trees on -site; and/or b. Developing plans for, supervising, and/or monitoring implementation of any required tree protection or replacement measures; and/or c. Post -construction site inspection and evaluation. 4. Sensitive area mitigation plan - Identify measures proposed for mitigation of vegetation clearing in a sensitive area and/or its buffer per the Sensitive Areas Overlay District chapter of this title. 5. Time schedule - Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone.. 6. Additional studies and conditions - The Director may require supplemental studies or other documentation, or specify conditions for work, at any stage of the application or project as he/she may deem necessary to ensure the proposal's compliance with the requirements of this chapter, the Shoreline Overlay District chapter or the Sensitive Areas Overlay District chapter of this title, or to protect public or private property. These conditions may include, but are not limited to, hours or seasons within which work may be conducted, or specific work methods. (Ord. 1758 §1 (part), 1995) 18.54.090 Waiver to Permit Materials The Director may waive the requirement for any or all plans or permit materials specified in this chapter upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement for permit materials shall not be construed as waiving any other requirements of this or related regulations. (Ord. 1758 §1 (part), 1995) 18.54.100 Permit Application Fee A. Fee required: A non-refundable permit application fee will be collected at the time of submittal of a Tree Clearing Permit application. The application fee will provide for the cost of plan review, administration and management of the permitting process, inspections, and processing of exceptions to standards and appeals pursuant to this chapter. B. Fee: The City shall collect a fee for processing a Tree Clearing Permit per TMC Section 18.88.010, except as otherwise noted in this chapter. C. Fee exception: No fee shall be required for vegetation clearing associated with land -altering activity approved under a Land -Altering Permit. (Ord. 2291, §1, 2010; Ord. 1758 §1 (part), 1995) 18.54.110 Applicant Insurance Required A. In addition to any permit materials or conditions specified pursuant to this chapter, if in the opinion of Director the nature of the work is such that it may create a hazard to human life or endanger adjoining property, then the Director may require the applicant to submit a certificate of insurance. B. The certificate must show that the applicant is insured against claims of damages involving personal injuries and property in an amount prescribed by the Director in accordance with the nature of the risks involved and the following minimum amounts: 1. Bodily injury liability: $1 million per occurrence. 2. Property damage liability: $1 million per occurrence. All insurance policies obtained in accordance with these provisions shall name the City of Tukwila as an "additional insured" and shall be written by a company licensed to do business in the State of Washington. C. (Ord. 1758 §1 (part), 1995) 18.54.120 Applicant Security Required To mitigate damages should they occur as a result of clearing which is not authorized by a Tree Clearing Permit, the Director may require from the applicant a bond, letter of credit, or other Proffsced by the City of Tukwila, City Clerk's Office Page 18-173 TUKWILA MUNICIPAL CODE means of security acceptable to the City. The following provisions shall apply in instances where such securities are required: 1. The required security shall be submitted prior to the issuance of a Tree Clearing Permit. 2. The security shall be equal to City Staffs best estimate of possible costs directly associated with replacement of cleared vegetation which has not been authorized to be cleared under a Tree Clearing Permit (e.g. the replacement of vegetation approved for retention, or the installation of replacement plantings which the applicant has failed to install as required). In no case shall the security exceed an amount equal to 2.5 times the current cost of replacing the plants per the Tree Replacement requirements of this chapter. 3. The security shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations, or following any prescribed trial maintenance period required in the permit. 4. Securities provided in accordance with this chapter may be redeemed in whole or in part by the City of Tukwila upon determination by the Director that the applicant has failed to fully comply, within the time specified, with approved plans and/or any remedial or enforcement actions mandated in accordance with this chapter. (Ord. 1758 §1 (part), 1995) 18.54.130 Permit Approval Criteria To the extent that vegetation retention and/or replacement is consistent with project feasibility or reasonable use of the property, vegetation clearing shall be planned arid conducted to meet all of the criteria below. These criteria shall be the basis for approval, approval with conditions or denial of any tree clearing included in a Tree Clearing Permit application. 1. Tree Retention - Site improvements shall be designed and constructed to retain as many existing healthy trees as possible, and to meet the following criteria: a. Priority shall be given to retention of existing stands of trees, trees at site perimeter, trees within the shoreline Low -Impact Environment, in Sensitive Areas or Sensitive Area Buffers, and healthy mature trees. b. All understory vegetation within the essential root zone of protected trees shall be: (1) retained; OR (2) removed by rnethods which are non - damaging to the tree, and replaced with vegetation with horticultural requirements which are compatible with protected trees. c. Vegetation removal shall be undertaken in such a manner as to preserve, to the degree possible, the aesthetic and ecological benefits provided by such vegetation. 2. Tree Protection Measures - a. The proposal shall include tree protection measures which meet or exceed best management practices and current standards of professional arboriculture, and which are sufficient to ensure the viability of protected trees and other vegetation identified for retention pursuant to requirements of this chapter, and shall include measures sufficient to protect any Sensitive Area, its Buffer and vegetation within the shoreline Low - Impact Environment. b. During clearing and/or construction activities, all protected vegetation shall be surrounded by protective fencing which prevents adverse impacts associated with clearing from intruding into areas of protected vegetation. 3. Tree Replacement - The site shall be planted with trees to meet the following minimum requirements: a. Each existing significant tree removed shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre. b. Tree Replacement Ratios Diameter of Existing Tree Removed 4 - 8 inches No. of Replacement Trees Required 1 8 -12 inches 2 12 -18 inches 18 - 24 inches 4 6 >24 inches 8 1 c. Prior to any vegetation removal, the applicant shall demonstrate through a Landscape Plan, Sensitive Area Mitigation Plan or other materials required per the requirements of this chapter that vegetation replacement will meet the following minimum standards: (1) Minimum sizes shall be 2.5-inch caliper for deciduous trees, 6 to 8 feet in height for evergreen trees, 24 inches in height for shrubs, and 1 gallon for groundcover. (2) Replacement plants shall meet current American Association of Nurserymen standards for nursery stock; (3) Planting and maintenance of required replacement vegetation shall be in accordance with best managernent practices for landscaping which ensure the vegetation's Tong -term health and survival. 4. Surrounding Environment - The timing of, and methods to be used in any proposed vegetation removal shall be such that impacts to protected vegetation, wildlife, fisheries and the surrounding environment are minimized. 5. Tree Relocation - Tree relocation shall be carried out according to best management practices, and trees proposed for relocation shall have a reasonable chance of survival. (0rc. 1758 §1(part), 1995) Page 18-174 Produced by the City of Tukwila, City Clerk's Offic 4 TITLE 18 — ZONING 18.54.140 Permit Exceptions A. Exception Criteria 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also consider any of the following in reviewing an exception request: a. The recommendation of a certified arborist C. Exception Procedures - An application for any exception from this chapter shall be submitted in writing by the property owner to the Director, and shall accompany the application for a Tree Clearing Permit, Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The Director shall not grant an exception unless and until sufficient reasons justifying the exception are provided by the applicant. (Ord. 1758 §1(part), 1995) 18.54.150 Permit Processing and Duration A. If the proposed vegetation clearing and permit application meet the requirements of this chapter, the Director shall approve the application and issue the Tree Clearing Permit. All Tree Clearing Permits and exceptions shall be processed as Type 1 decisions. • B. If the Tree Clearing Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. From the date of issuance, permits shall be valid for a period of 180 days. (Ord. 1770 §32, 1996; Ord. 1758 §1 (part), 1995) supports the exception. 18.54.160 Permit Conformance b. The size of the site or project cannot support the A. Plan Conformance - All work must be performed in number of required replacement trees, and off -site tree planting is accordance with approved Permit plans specified in this chapter proposed which furthers the goals of this chapter and other City or revised plans as may be determined by the Director. The policies. applicant shall obtain permission in writing from the Director prior c. On -site planting of all required replacement trees to modifying approved plans. is not feasible, and the project includes an equivalent contribution B. Tree Protection Measures - All tree and vegetation in funds and/or labor and materials for off -site tree planting as protection measures shown on approved permit drawings shall be jointly agreed by the applicant and Director. installed prior to initiation of any clearing or land -altering activity. d. Smaller -sized replacement plants are more C. Protection of Property - The applicant shall at all times suited to the species, site conditions, and to the purposes of this protect improvements to adjacent private properties and public chapter, and are planted in sufficient quantities to meet the intent rights -of -way or easements from damage during clearing. The of this chapter. applicant shall restore to the standards in effect at the time of the B. Retention and Replacement of Canopy Cover - or issuance of the permit any public or private improvements undeveloped sites or sites with dense stands of trees, where the damaged by the applicant's operations. cost of identification of individual tree species and sizes is D. Maintenance Responsibility - All protected and inordinate relative to the project, the Director may allow the replacement trees and vegetation shown in approved Tree applicant to use the tree canopy cover approach outlined below to Clearing Permit materials shall be maintained in healthy condition calculate retention and replacement of trees: by the property owner throughout the life of the project, unless 1. The site shall have a minimum canopy cover equal otherwise approved by the Director in a subsequent Tree Clearing to 20% of the site area, or equal to the existing canopy cover Permit. whichever is less, (Ord, 1758 §1 (part), 1995) 2. To meet the requirements for site canopy cover, canopy cover may consist of any combination of existing trees and 18.54.170 Violations replacement trees. Canopy cover of each new tree shall be The following actions shall be considered violations of this calculated at 314 square feet chapter: clearing, planting, relocation, or maintenance of vegetation not authorized under or in accordance with an approved Tree Clearing Permit, where such permit is required, or not in accordance with the provisions of this chapter. Each tree which is cleared, not replaced or not maintained as required by this chapter shall constitute a separate violation. (Ord. 1758 §1(part), 1995) Proif5ced by the City of Tukwila, City Clerk's Office Page 18-175 TUKWILA MUNICIPAL CODE 18.54.180 Enforcement A. General - In addition to the Notice and Order measures prescribed in TMC Chapter 8.45, Civil Violations, as now in effect or as amended hereafter, the Director may take any or all of the enforcement actions prescribed in this Ordinance to ensure compliance with, and/or remedy a violation of this Ordinance; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Clearing Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, OR after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Clearing Permit issued by the City. 3. No person shall continue clearing in an area covered by a Stop Work order, or during the suspension or revocation of a Tree Clearing Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief - Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Tree Clearing Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access - 1. The Director may inspect a property for the purpose of inspection for compliance with the provisions of a Tree Clearing Permit or this chapter, consistent with TMC 8.45.070, Authority to Inspect. 2. Where deemed necessary by the Director to ensure compliance with permit requirements, upon completion of all requirements ofa Tree Clearing Permit, the applicant shall request a final inspection by contacting the Director. The permit process is complete upon final approval by the Director. D. Remedial Measures Required - In addition to penalties provided for in this chapter, the Director may require any person conducting vegetation clearing in violation of this chapter to mitigate the impacts of clearing by carrying out remedial measures. The following provisions shall apply in instances where such remedial measures are required: 1. The applicant shall satisfy the permit provisions as specified in this chapter. 2. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter, and applicable standards for mitigation outlined in the Sensitive Areas Overlay "'strict chapter of this title. 3. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC 8.45.040, or within the time period otherwise specified by the Director. 4. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. (Ord. 1758 §1(part), 1995) 18.54.190 Liability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Clearing Permit issued on behalf of the City within the City limits, shall be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Clearing Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the City limits from the duty to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard or a nuisance, per TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. (Ord. 1758 §1 (part), 1995) 18.54.200 Conflicts with Existing Codes and Ordinances A. Whenever conflicts exist between this chapter and federal, State or local laws, ordinances or regulations, the more restrictive provisions shall apply. B. Neither this chapter nor any administrative decisions made under it exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit. (Ord. 1758 §1 (part), 1995) Page 18-176 Produced by the City of Tukwila, City Clerk's Office6 47 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE PLANNING COMMISSION Prepared December 28, 2017 FILE NUMBERS: L17-0077: Revisions to TMC 18.54, Tree Code and revisions to TMC 18.06, Definitions E17-0015: SEPA Checklist REQUEST: Public Hearing regarding revisions to TMC 18.06, Definitions to add urban forestry and landscaping terminology to the City's Zoning Code and the revision of TMC 18.54, Tree Regulations and. Based on direction from the Planning Commission staff will revise the regulations, which will then be forwarded to the City Council: for review. PUBLIC HEARING: January 11, 2018 LOCATION: City wide STAFF: Carol Lumb, Senior Planner Andrea Cummins, Environmental Specialist ATTACHMENTS: A. Draft TMC 18.06: Revisions to Zoning Code Definitions B. Draft TMC 18.54: Clean Version with Advisory Committee and Planning Commission revisions C. Comprehensive Plan Urban Forestry Goals and Policies D. Current TMC 18.54 INTRODUCTION The current tree regulations were adopted 22 years ago in 1995, with minor revisions to the chapter in recent years. The landscaping regulations were adopted at the same time as the 1995 Comprehensive Plan was adopted. The update of the tree regulations is the final phase of a three-phase process: Phase 1: Establishment of the Tukwila Tree and Environment Advisory Committee: a team of Tukwila residents, business and professional experts, and Planning Commission and City Council representatives were appointed to guide development of Comprehensive Plan goals and policies on the natural environment and urban forestry. The Committee met from September, 2012 to May, 2013 and provided recommendations to the Planning Commission on the goals and policies. Attachment E Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 48 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 Phase 2: Update of the Natural Environment Element of the Comprehensive Plan incorporating the policy direction from the Advisory Committee: Planning Commission and City Council review and adoption of the revised Natural Environment Element, June to December, 2013. Phase 3: Revise landscape and tree regulations in the Zoning Code to implement the new Comprehensive Plan goals and policies on urban forestry. The Tukwila Tree and Environment Advisory Committee met in September and October, 2016 to review and revise draft landscaping regulations to forward to the Planning Commission. The Planning Commission then sent revised landscaping regulations to the City Council, which approved these regulations in March, 2017. The Advisory Committee met again in late September, 2017 through November 1, 2017 to review revisions to TMC 18.54, Tree Regulations, and TMC 18.06, Zoning Code Definitions and forwarded a recommendation on these two regulations to the Planning Commission for its review. A SEPA checklist was prepared for the update of the regulations; public notice was published in the Seattle Times November 16, 2017. No comments were received on the checklist. A Determination of Non -Significance was issued on December 27, 2017. BACKGROUND The Tukwila Planning Commission advises the Mayor and City Council on matters relating to land use, comprehensive planning and zoning (TMC2.36.030.) Additionally, all code cities are required to adopt development regulations that are consistent with and implement the City's Comprehensive Plan. (RCW 35A.63.105) The Tukwila Comprehensive Plan has the following policies regarding urban forestry. Any proposed regulation must implement and be consistent with these policies. Goal 4.12 Trees are recognized by Tukwila citizens, business, City staff and decision -makers for their benefits to the environment, urban infrastructure and their aesthetic value. 4.12.2: Ensure that the benefits of trees are factored into site design and permit decisions. 4.12.3: Ensure that regulations recognize that larger trees provide more benefits than small trees. 4.12.8: Consider developing and "exceptional" or "heritage" tree program to foster tree appreciation in the community. Goal 4.13 Overall city-wide tree canopy increased to a total of 29% by 2034. Canopy cover in individual zoning categories increased by 2034 as listed below: Light Industrial zones: 3% increase from 20% to achieve 23% cover Heavy Industrial zones: 1% increase from 9% to achieve 10% cover CL Page 2 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\Staff Rpt. Tree Code 49 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 Tukwila Urban Center and Tukwila South: 5% increase from 13%to achieve 18% cover Office and Commercial: 3% increase from 29 %to achieve 32% cover Parks: 5°% increase from 38% to achieve 43% cover Public Rights -of -Way: increase canopy coverage through street tree planting. Specific canopy goal to be established based on future assessment. 4.13.1 Promote tree retention throughout the City by: a. implementing educational programs for property owners and managers regarding tree selection and care, applicable regulations, selecting a qualified arborist, and other issues; b. except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; c. promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and d. requiring financial assurances for required tree replanting and maintenance. 4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies than the removed tree(s), except where existing or future infrastructure and/or public or private utilities impede the planting of large trees. 4.13.6 Establish criteria for requiring professional assessment and corrective actions by property owners who damage code -required landscaping, street trees, or other required trees by topping, poor pruning practices, or root disturbance. 4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on a site, establish procedures for off -site planting of replacement trees or payment into a dedicated tree replacement fund. Goal 4.14 Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban forest is healthy, diverse, and safe. 4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 4.17.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. CL Page 3 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\Staff Rpt. Tree Code 50 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 DISCUSSION OF PROPOSED CHANGES The Tukwila Tree and Environment Advisory Committee draft tree regulations (Attachments A and B) and draft revisions to the Zoning Code's Definitions, TMC 18.06 (Attachment C) contains proposed changes to the City's the Zoning Code. Below is a summary of each subsection of the draft Tree Regulations and Definitions. The proposed draft tree regulations and changes to definitions have been annotated to provide sources of the material and to note when the Advisory Committee or Planning Commission made changes to the initial staff draft. A. Proposed Revisions to TMC 18.06, Definitions A number of new definitions are proposed to be added to the Zoning Code to incorporate terminology that is related to urban forestry and the management of the City's tree canopy resources. Many of the proposed revisions are annotated to provide sources for the proposed changes. Proposed new definitions include: at -risk tree, critical root zone, diameter at breast height (DBH), dripline, exceptional tree, heritage tree or heritage grove, invasive plant and tree list, invasive tree, nuisance tree, pruning, qualified tree professional, risk, site disturbance, street tree, target or risk target, tree risk assessment, tree risk assessor, tree removal, topping, viable tree and windfirm. B. Proposed TMC 18.54, Urban Forestry and Tree Regulations: TMC 18.54.010. Purpose: The purpose section of the chapter has been expanded to add references to the new Comprehensive Plan goals and policies related to urban forestry, and low impact development and to recognize the benefits that trees provide to the built environment. TMC 18.54.020: Scope: This subsection is a carry-over from the current regulations. TMC 18.42.030. Tree Permit Required: Revisions to this subsection anticipate a variety of Tree Permits, depending on whether: tree removal is the objective; or work will occur in the critical root zone; a Heritage Tree is proposed for removal or more than 20% of existing crown is proposed for pruning; or removal is related to utility work. The subsection also identifies activities that are exempt from the need for a Tree Permit and when an arborist's report must be submitted as part of the Tree Permit. TMC 18.54.040. Permit Submittal Requirements: Most of this subsection is from existing Tree Code. Single family tree removal is proposed to be regulated differently with a Tree Inventory Survey rather than a Tree Permit required. TMC 18.54.050. Permit Approval Criteria, General: This subsection has been revised to provide general guidance on the criteria for permit approval. The criteria are then spelled out in more detail in proposed TMC 18.54.060, 18.54.070, 18.54.080 and 18.54.110. CL Page 4 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\StaffRpt. Tree Code 51 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 TMC 18.54.060. Tree Retention Standards: This subsection is an expansion on the current requirements found in TMC 18.54.130 1. The proposed revisions to this section would allow DCD to require reasonable alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. The City currently has the ability to require this for projects within the shoreline jurisdiction. Topping of trees is prohibited and considered removal. Protection of trees is to be a major factor in the location, design, construction and maintenance of streets and utilities — removal or significant damage is to be mitigated. TMC 18.54.070. Tree Protection Standards: This subsection is an expansion on the current tree protection measures found in TMC 18.54.130 2.a. Many of the standards found in this subsection are drawn from International Society of Arboriculture guidance on tree protection. TMC 18.54.080. Tree Replacement Standards: This subsection is an expansion on the current tree protection measures found in TMC 18.54.130 2.b. The method of determining the number of replacement trees has been revised to tie replacement to tree canopy lost rather than on the diameter of the tree at breast height. TMC 18.54.090. Tree Relocation: The language in this subsection is relocated from current code found in TMC 18.54.130 5. TMC 18.54.100. Tree Replacement Fund: A new subsection has been added to codify the City's Tree Replacement Fund, which applicants may pay into if the number of replacement trees required cannot be accommodated on -site. This subsection provides criteria for determining how the cost of a replacement tree is determined, and what the funds may be used for. At the request of single family property owners, the funds may also be used to plant a street tree in the single-family district on properties improved with a single family dwelling. TMC 18.54.110. Performance Assurance: This subsection is an expansion of existing code on financial security required of applicants. The distinction has been made between assurance required to ensure tree protection during construction and financial assurance required to ensure required replacement trees are maintained during the period in which they are becoming established on site. TMC 18.54.120. Liability: The language in this subsection is currently located in TMC 18.54.190 — only minor revisions have been made to recognize the proposed name of the tree permit and to correct referenced to the code enforcement section of the City's municipal code. TMC 18.54.130. Permit Processing and Duration: The language in this subsection is currently located in TMC 18.54.150 — only minor revisions have been made to recognize the proposed name of the tree permit. The duration of the tree permit has also been extended from the current 180 days to one year for date of issuance. TMC 18.54.140. Permit Exceptions: The language in this subsection is currently located in TMC 18.54.140 — only minor revisions have been made to the text. CL Page 5 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\Staff Rpt. Tree Code 52 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 TMC 18.54.150. Permit Conformance: The text in this subsection is currently found in TMC 18.54.160 A. The remaining items found in TMC 18.54.160, such as tree protection and maintenance responsibility have been relocated to other subsections of the draft code. TMC 18.54.160. Soil Preparation, Plant Material and Maintenance: This is a new subsection, intended to provide guidance for applicants who must plant replacement trees on how to prepare the site, the selection of plant material and guidance on tree maintenance and pruning. The standards in this subsection are drawn from the recently adopted Landscaping Regulations. TMC 18.54.170. Heritage Trees and Heritage Groves: This is a new subsection, which would permit the designation of a tree or groves of trees that have exceptional national, state or local historical significance to the City. If a nominated tree is on private property, the property owner must consent to the nomination and designation. The subsection also provides guidance on pruning of Heritage Trees. TMC 18.54.180. Approved and Prohibited Trees: This is a new subsection establishing authority for the City develop a list of trees that may be planted and a list of trees that are prohibited from planting for required replacement trees. TMC 18.54.190. Violations: This is a new subsection establishing regulations in the event of violations of the Tree Code. The regulations in this subsection have been adapted from those found in the Landscaping Chapter, TMC 18.52.110. TMC 18.54.200. Remedial Measures: Portions of this subsection have been moved from the existing TMC 18.54.180 Enforcement (items C-F); items A. and B. are new. Among the requirements, the subsection directs that tree canopy lost due to tree removal shall be replaced — either on site or by payment into the Tree Replacement Fund. TMC 18.54.210. Enforcement: The text in this subsection is currently found in TMC 18.54.180 with minor revisions to recognize the change in the name of the tree permit. REQUESTED ACTION Hold the public hearing on the proposed changes, deliberate and make a recommendation to the City Council on revisions to TMC 18.06 and TMC 18.54. CL Page 6 of 6 1 /2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\Staff Rpt. Tree Code 53 Michael R. Kenyon Rachel B. Turpin Arm Marie J. Soto im Adams Pratt vavid A. Linehan Charlotte A. Archer Alexandra L. Kenyon Eileen M. Keiffer Hillary E. Graber Kendra R. Comeau TO: Planning Commission Members Carol Lumb, Senior Planner FROM: Ann Marie Soto, Assistant City Attorney OS DATE: January 2, 2018 RE: Tree Liability Doug F. Mosich Or Counsel Shelley M. Kerslake 1967 - 2014 This memorandum addresses general liability issues related to trees abutting the right-of- way in light of the City's pending review of tree code amendments. A. Private Property. The general rule is that a property owner is liable for damage caused by trees, and their roots, which extend onto the private property of another. Property owners have a duty to protect abutting private properties from encroachments and damage caused by such encroachments. See Forbus v. Knight, 24 Wn.2d 297, 313 (1945). To that end, an abutting owner will likely be found liable for tree root damage to a sidewalk resulting from trees on their property, but adjacent to the right-of-way line. See Rosengren v. City of Seattle, 149 Wn. App. 565, 575 (2009) ("an abutting land owner has a duty to exercise reasonable care that the trunks, branches, or roots of trees planted by them adjacent to a public sidewalk do not pose an unreasonable risk of harm to a pedestrian using the sidewalk"). B. Street Trees. As a preliminary matter, cities generally have only an easement interest in right-of-way and do not own streets and sidewalks. The mere fact that a tree is in the improved portion of a right-of-way does not make it a tree for which a city is responsible. Thus, traditionally, abutting property owners may plant, maintain, and remove trees in the planter strip, and a municipality cannot remove such trees unless they are a hazard or a nuisance. See Shaw v. City of Yakima, 183 Wn.2d 200 (1935). However, municipalities, such as Tukwila, often require regular maintenance of trees and permits for tree removal, and sometimes require planting and maintenance of trees in connection with development. Where the tree is planted and maintained by the city (or planted at the behest Attachment F Kenyon Disend, PLLC The Municipal Law Firm I I Front Street South Issaquah, WA 9802.7-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 www ondisend.com of the city in connection with development), then the city may be potentially liable depending on the specific facts. On the other hand, a city would not likely be liable for damage caused by roots from a tree in the right-of-way if the city did not plant and does not maintain the tree. Likewise, municipalities have a duty to provide reasonably safe roads for the public to drive upon. Owen v. Burlington N. Santa Fe R.R., 153 Wn.2d 780, 788 (2005). Whether a municipality breaches this duty depends on the answers to factual questions: Was the road reasonably safe for ordinary travel, and did the municipality fulfill its duty by making reasonable efforts to correct any hazardous conditions? Thus, the Courts have held that a municipality has a duty to take reasonable steps to remove or correct for hazardous conditions that make a roadway unsafe for ordinary travel, including conditions which are not present in, but are adjacent to, the roadway, and this duty explicitly includes removing or correcting hazardous conditions created by roadside vegetation. Wutrich v. King County, 185 Wn.2d 19, 27 (2016). In summary, with respect to liability for street trees, the following questions will likely come into play: (1) who planted the tree, (2) who is responsible for maintaining it, and, specifically for road hazards, (3) was the road reasonably safe for ordinary travel, and (4) did the municipality fulfill its duty by making reasonable efforts to correct any hazardous conditions? Please feel free to contact us if you have questions or need further information. -2- 55 Carol Lumb From: Sent: To: Subject: Attachments: Carol - Robin Tischmak Thursday, December 28, 2017 4:18 PM Carol Lumb Tree Regulation Comments Draft Tree Regulations - PW Comments.docx Attached are comments and concerns that PW is requesting for consideration and inclusion in the final regulations. Let me know if you have any questions. Robin Thchmak City Engineer 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 206-431-2455 The City of opportunity, the community of choice. z Attachment G 56 Robin's Comments Regarding Proposed Landscaping Regulations • General discussion of Public Works approach to maintenance of landscaping/trees in the public rights -of -way. New capital improvement projects (both public and private) continue to install new landscaping and street trees within the public rights -of -way for various beneficial reasons. Staffing that maintains said vegetation has not increased along with this increased workload. Therefore, PW staff generally maintains newly installed landscaping during the establishment period. These areas often include irrigation systems to avoid plant mortality during the dry, hot summer months. Landscaping installed by private development is generally maintained by the private entity for a prescribed establishment period. After landscaping and street trees are established, staff relies on some level of support from abutting property owners as maintenance of all vegetation in the public rights -of - way by City staff is not possible. The expected level of support is generally as outlined in the TMC. There are varying levels of support from private property owners, but City staff generally takes responsibility for issues that appear to extend beyond the normal capacity of property owners. While this may seem ambiguous, the City accepts maintenance help from proactive property owners, but generally accepts responsibility for maintenance issues in the right-of-way if public infrastructure is at risk or if an issue is left unattended. Rarely, if ever, has the City enforced a maintenance provision of the TMC on a property owner for vegetation issues within the right-of- way. • Public Works has had the opportunity to review the Draft Tree Regulations and request the following revisions to reduce or eliminate conflicts with TMC Chapter 11.20 18.54.030 Tree Permit Required Revise C.3. to include: "routine maintenance within rights -of -way related to Interference, Sight Distance, Emergencies or Topping as codified in Chapter 11.20 of the TMC." Add an exemption for the removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right-of-way. 57 SIGNIFICANT TREE SIZE COMPARISON JURISDICTION SIZE OF SIGNIFICANT TREE (in inches) # TREES PERMITTED TO BE REMOVED (outside of environmentally sensitive areas) PERMIT REQUIRED? (outside environmentally sensitive areas) Bothell 8 10% of significant trees to be retained — applies to all new development. Land Clearing permit during development process. Burien 6 Must keep 30% of trees on SF site at time of development No Des Moines 6 Up to 2,000 sq. ft. may be cleared w/out a permit if area is outside a sensitive area. No, if < 2,000 sq. ft. is being cleared & other exemption criteria are met. Kent 6 Retention of trees is regulated at the platting stage with required tree density required per acre and subsequent retention. No restrictions on number of trees that can be removed on a single family lot that was not developed under the current regulations. No Kirkland 6 2 in 12 month period provided: a. There is no active application to develop the site; b. The trees were not required to be retained as part of a previous development of the site; c. Two trees remain on the site. In some cases, tree replacement is required. Yes, type of permit depends of number of trees removed Lake Forest Park 6 2 in 36-month period Renton 6 _ Sliding scale depending on size of lot: • Up to 10,000 sq. ft: 2/12 months -max of 4/60 months; • 10,001-20,000 sq. ft. 3/12 months -max of 6/60 month; • Lots > 20,000 sq, ft_: 6/12 months -max of 12/60 month Yes SeaTac 8-evergreen 12-deciduous Tree retention applies only to platting proposals No Seattle 6 3 in 12-month period Yes Tukwila 4 4 in 36 month period No if 4 trees or less are removed in 36 month period. CL Page l of 1 W:\\Sharepoint\Long Range Planning\2016-2017 Landscaping and Tree Code Update\Draft Tree Regs\PC Review\Chart-Significant Tree Size Attachment H 1/2/2018 5:48 PM 58 January 9, 2018 Telephone Comments received from Very Meryhew, former Planning Commission member. Mr. Meryhew reviewed the draft definitions and the draft tree regulations and had three comments, all related to the draft definitions: TMC 18.06 1. Dripline: note that the comment in parentheses at the end of the definition should be shown as a comment in the margin. 2. Qualified Tree Professional: suggested revising the first sentence to read (revision is underlined and highlighted in yellow): "an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection." Vern commented that the person is required also to be a member of a professional organization, which will involve showing a certain skill set and probably taking courses in order to obtain the accreditation, and he was worried if the person has to have both academic and field experience, we could be eliminating some individuals from being a Qualified Tree Professional who have the required skills needed. 3. Significant Tree: recommends increasing the size of Significant Tree to 6" in diameter. Attachment I 60 Carol Lumb From: G Zap <zzzapspeed@hotmail.com> Sent: Wednesday, January 10, 2018 8:17 PM To: Carol Lumb Subject: Re: Public Hearing on Revisions to Tree Regulations Attachments: Tukwila Tree Code Proposal 1-10-18 Zaputil Letter.docx Please find attached our comments to be added to the record for the 1/11/18 Tukwila Planning Commission Meeting. Sincerely, Greg & Vanessa Zaputil From: Carol Lumb <Carol.Lumb@TukwilaWA.gov> �����aw� LL.�"`•._� ...__...-__......._...._... Sent: Friday, January 5, 2018 9:56 AM To: Andy Padvorac; bmarie2@earthlink.net; Dana Ramsey; Daryl Tapio; David Bayard; David Mutchler; Eli Brocker; Glen Allen; Greg Allwine, AIA; Heather McLeland-Wiser; Heidi Narte; Hung van Pham; jeff.beckwith@pse.com; John Rucker; Kathy Graff; Kelli Turner (greenrosel0@msn.com); Kerrt Kriner; 'Liliana Cardenas'; meayotte@comcast.net; Nathan Elliott; Paula Williams; pslinder@comcast.net; Rev. Allen Mosley; Roger; Sunny Mulholland; Thelma Gustafson; Vanessa Zaputil; Vicki Lockwood; Wayne Werle iubject: Public Hearing on Revisions to Tree Regulations Dear Interested Party, Materials for the Tukwila Planning Commission's public hearing on proposed revisions to the City's tree regulations and Zoning Code definitions have been posted on the City's web site here: http://records.tukwilawa.gov/WebLink/1 /fol/300177/Rowl .aspx. The public hearing will begin at 6:30 p.m. in the Tukwila City Council chambers, 6200 Southcenter Blvd., Tukwila, WA 98188. If you want to comment, but cannot attend the hearing, you may send comments to me at the address below by 5:00 p.m., January 11, 2018. Please let me know if you have any questions. Sincerely, Carol Lumb Caro(lumb, AICP, Senior Planner Department of Community Development City of 2Jukwila oo Southcenter Blvd., Suite too 1 ukwila, i/VA 98188 206-431-3661 Attachment J i 62 Greg & Vanessa Zaputil 1517152nd Ave. S. #5 Tukwila, 98188 (206) 242-9945 01/10/18 City of Tukwila Planning Commission 6300 Southcenter Blvd. Tukwila, WA 98188 After reviewing the 12/14/ 17 Planning Commission Work Session recording, staff did not accurately represent current TMC code with respect to tree removal permit exemptions. TMC 18.54.050 is very clearly written. This is a Major Change to TMC 18.54. Currently, under this chapter, Tukwila only requires permits for tree removal in sensitive areas. Non -sensitive areas are exempt. Under the new proposal all trees in Tukwila will be regulated. Current Code and Tree Removal Permit (highlighted for emphasis): 1O,54.O5O Pry, s . r= t° , i :,,t .,: i' �!ti,,.t The Sol/owing activities ,-•A !Yarn the application of this chapter and r?i rat 1 r • :? , .r, ; T r..k, y `v i r l r t- "Ti+.• 1 ii:<arincl ,'1 sn} ors :c .l4LE:.:> t#w .At-. de; rtntt • • pit"O, .arrti- tivr Iitr r_7 :7 i'.'rOgfIN,P L. On t,tis.i •s r► t'..ea t,r *stitsrtYri i *�.� '•"r :r 1! +. v �.yi�.;. x�r r 1rw«s 311.1 a site currently zoned and devefoped fc: tn.;; tamil}/ !'esirieii.iwi use �itYrin ary 3f-rrionth period, UNLESS the significant trees to be removed are Located within a wetland, 'watercourse and their associated buffers or within the shoreline :zone b. Clearing; of any vegetation located outside a sensitive area. sensitive area buffer :or outside the shoreline zone,. c. Removal of hazardous trees. d. Routine maintenance of vegetation necessary to maintain the health of ailtivated clans, to contain noxious weeds, or to rerraedv a potential fire ;air `wealth hazard •cr threat. tr aortic safety per TMC Corrlmeroica1 parkin( so jest to INC C,,apt r 18.56, 't.'ff-Str;reet Prirkr.Pa and Loading Reputations.- Nuic.-:an ;es. e. Vegetation rernovai necessary try theration rt an s ab1ished Christmas tree farm c.r t::rirninerciai plant nursery. f. ;O,ilstrliCtii,:r'i iir7d r laiittenaiici. of streets And utilities 'Within Cityy-appr0ve rights-orway and eaSerrnefitS (Ord 1758 §1 1;r3arr, 14795) 63 CITE OFTUKI'ILA Department of Community Development 6300SouthcenterBoulevard, Tukwila, 1i.7 98188 :Telephone: (06) 431-3670 FAY: (206) 431-3665 TREE REMOVAL AND LANDSCAPE MODIFICATION PERMIT I NFOR.NLATION Tuk--wi1a's Tree Regulation (TivlC 18.54) c ;rr:iat€ the cleat it tg nl trees andl tn,;c;,r ry ie2etA!ir,st El en% it•,'rttriettt•;ail. eu.t ive areas ('wetlands, watercourses,. and steel:, slopes. including their buffers). The City= s Sensitive Areas Re^uiation.: also regulate vegetation removal ;vit?illn sensitive areas and their buffers. Generally. ;;iten significant (4 inches or name iia diameter) trees are removed from sensitive areas, tree replacement is required. This permit ,ho al d be used fer free removal in sertscti-: e. are.;a, when it does not involve significant vegetation clearing. i.e., when one or two trees are being removed. T;•ees must be replaced according to the replacement ratios established in the Tree Regulations (.nsci presented below). Trees to be removed must be ielentified as to species and diameter at 4 feet above the ground Ceiba). A plan must be submitted detailing the number of replacement tree; required, the ttropoced species. and the proi'oscd locations.. Removal of trees that are hazardous. do not require a tree rentoyal permit. bm the p1•operty ov ner must be able to cioctrni:oit rho,a tree is hazardous: (if the hazard is not obvious. a risk assessment by a certified tree iisie assessor' niay be required- and if in a tvctlsn-ad Or water cour-,c or their buffer. replanting is required. Replacement trees in. '. tlands. ;vatercourses an.d tl-,eir buffers lutist be species native to the Puget 1i>tiad region .anti appropriate f'or the site (tar itYg into account tneisttue.. ,encl. space requirements. New Impacts of concern: 1. Single family home property owners will now be required to buy a permit for all trees larger than 8" in both sensitive areas and non -sensitive areas. — Typically trees being removed fall into this size category. 2. All non single family home property owners will have to buy permits and arborist reports for all tree removal greater than 4"— in both sensitive areas and non -sensitive areas. This has a regressive impact on small businesses. Further Concerns/Questions (Under proposal) 1. 18.54.040 (B) (5)— identify contractor— what if property owner wants to remove themselves? (Example removing a 4"tree- rights and liability should be that of the property owner.) 2. 18.54.040 (B) Table A- removal of a tree greater than 8" for a single family home requires a Permit, but does not require an arborist report. However, Tree Removal Permit application itself is burdensome and will most likely require a landscape architect, (Site Plan required, Landscape Plan required, and specifies a professional (arborist) recommendation/ report) —18.54.040 (A) 1,2&3 3. No provision or accommodation based on lot size. Small, zero lot line, single family home property can remove up to 4 trees, and the same for a large 1 acre single family home property- Not equitable. 4. 18.54.160 (C) (1) Tree Maintenance and Pruning "...all pruning must be done in accordance with ...ANSI 300- A specification, as it now reads and as it is hereafter amended..."- Likelihood of compliance for homeowners and small businesses/ small landscapers will be very low. 5. Can a tree removal permit application be denied for a healthy tree that an owner simply wants removed? Not a required landscape plan tree, but for example, a property owner wanting to change personal or business preferences for landscape, or wants a less nuisance tree- pitch over driveways, allergic to pollen, etc. ' respectfully request that the above concerns be mitigated and any new regulations be implemented for new relopment and all existing developed properties grandfathered, with an educational focus. Greg & Vanessa Zaputil Party of Record 64 Greg & Vanessa Zaputil 15171 52"d Ave. S. #5 Tukwila, 98188 (206) 242-9945 01/24/18 City of Tukwila Planning Commission 6300 Southcenter Blvd. Tukwila, WA 98188 Upon further review of the audio recordings of the Planning Commission meeting on Dec. 14, 2017, we observed an important piece of information is missing from the tree regulation proposal: estimates for the cost for compliance with the Tree Permit application. This is needed for the Commission to fully understand the greatly increased financial and time impacts for our property owners. As we stated in our previous letter, tree permits are currently not required for any trees in non -sensitive areas (excepting those planted in compliance with a required landscaping plan), so a permit application mandate for all trees, other than single family properties with trees Tess than 8" diameter is significant. The regressive nature of this proposal clearly impacts the residents and small businesses to a much larger extent, and reduces affordability. To clarify, the Permit application requires, at minimum, services from a landscape architect (for both the site and landscape plans), a surveyor (for topography- elevations), and an arborist. We request the City obtain a cost estimate for a property owner to perform the following: 1. Sample Tukwila Single Family Home Property Permit Application] Cost estimate for 18" tree including: a. Tree removal cost b. Tree removal permit fee c. Per Permit Application- Site Plan of the proposal from a landscape architect and surveyor showing: i. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; ii. Identification of all Significant Trees to be removed and/or relocated; iii. Existing and proposed topography of the site at 2-foot contour intervals; and iv. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. d. Per Permit Application- Landscape Plan for the proposal from a landscape architect showing: i. Diameter, species name, spacing and location of replacement trees to be planted; ii. Diameter, species name and location of all Significant Trees to be retained; and iii. Vegetation protection measures consistent with the criteria in TMC 18.54.060 e. Per Permit Application2- Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: i. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; ii. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; iii. Post -construction site inspection and evaluation; and Proposed Single Family Tree Removal (18.54.040 8) indicates a permit application is necessary for all trees greater than 8", and only details what is required for a Tree Inventory Survey for trees less than 8". 'Single Family Homes are not exempted from arborist report on proposed application language (18.54.040 A) IVA 2. Sample Tukwila Small Business Property Permit Application Cost estimate for 18" tree including: a. Tree removal cost b. Tree removal permit fee c. Per Permit Application- Site Plan of the proposal from a landscape architect and surveyor showing: i. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; ii. Identification of all Significant Trees to be removed and/or relocated; iii. Existing and proposed topography of the site at 2-foot contour intervals; and iv. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. d. Per Permit Application- Landscape Plan from a landscape architect for the proposal showing: i. Diameter, species name, spacing and location of replacement trees to be planted; ii. Diameter, species name and location of all Significant Trees to be retained; and iii. Vegetation protection measures consistent with the criteria in TMC 18.54.060 e. Per Permit Application- Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: i. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; ii. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; iii. Post -construction site inspection and evaluation; and iv. estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 3. Sample Large Commercial Property Permit Application Cost estimate for 18" tree including: a. Tree removal cost b. Tree removal permit fee c. Per Permit Application- Site Plan of the proposal from a landscape architect and surveyor showing: i. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; ii. Identification of all Significant Trees to be removed and/or relocated; iii. Existing and proposed topography of the site at 2-foot contour intervals; and iv. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. d. Per Permit Application- Landscape Plan from a landscape architect for the proposal showing: i. Diameter, species name, spacing and location of replacement trees to be planted; ii. Diameter, species name and location of all Significant Trees to be retained; and iii. Vegetation protection measures consistent with the criteria in TMC 18.54.060 e. Per Permit Application- Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: i. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; ii. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; iii. Post -construction site inspection and evaluation; and iv. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. The proposed updates to the tree regulations are suited to new developments of properties, and due to the regressive nature of these updates, we further request all existing developed properties be grandfathered to the existing regulations, with an educational focus. Greg & Vanessa Zaputil Party of Record bece..vribe✓d 2c0 ►Z Zone Class Zone Acres Commercial Light Industrial 416.7 Heavy Industrial Light Industrial 151.1 Zone Zone Canopy Canopy Acres Percent 88.1 21% 16.5 11% Goal Percent Acres Increase Goat 18.1 1% 12% Manufacturing Industrial Center/Heavy Manufacturing Industrial Center/Light Industrial Total 51.6 1,033.7 99.3 1,752.4 5.1 10% 5.7 1% 95.9 9% 103.4 1% 19.7 20% 20.9 1% 225.4 13% 239.8 1Y0 11% 10% 21% 4% High Density Residential 145.7 Medium Density Residential 84.0 48.5 33% 145.7 0% 43.1 51% 84.0 0% 33% 51% High - Medium Residential Total 229.7 91.6 40% 91.6 0% Low Density Residential Total. 1,639.0 777.0 Mixed Use Office 34.2 14.0 41% 14.4 1% 42% Neighborhood Commercial Center 38.3 5.1 13% 5.4 1% 14% Office Regional Commercial 49.7 24.5 49% 24.9 1% 50% 69.3 6.0 9% 6.9 1% 10% • Regional Commercial Mixed Use 66.8 25.0 37% 25.4 1% 38% Residential Commercial Center 5.7 1.7 30% 1.8 1% 31% Office and Commercial Total 264.0 76.2 29% 78.8 1% 30% Tukwila Urban Center Tukwila Valley South 763.5 81.8 11% 106.9 3% 14% 265.8 56.2 • 21% 63.8 3% 24% Urban Center and South Total 1,029.3 Citywide Total 4,914.4 138.0 13% 170.7 3% 16% 1,308.2 27% 1,357.9 1 % 28% *Canopy Percent does not match citywide total because this table only shows zoned parcels, not rights -of -way. Parks, wetlands, and storm water detention areas are not included in zoned parcels. Table 7 - Canopy Goals A no -net -loss strategy is recommended for Residential zones. Commercial and Office zones may have an opportunity to increase canopy with additional tree planting in parking lots, along street rights -of -way and with increased perimeter or interior landscape tree requirements for redeveloped parcels. Industrial areas have planting opportunities along the river and in rights -of way, so a 1% increase in tree canopy goal is recommended. A more substantial 3% increase may be achieved in Tukwila Valley South and the Urban Center if planned redevelopment occurs. This goal is contingent on redevelopment and the subsequent establishment and growth of landscape and street trees in newly -developed land that was previously mostly agricultural in the Tukwila, WA Urban Tree Canopy Assessment IV. B. IV. C. PROPOSED REVISIONS TO DRAFT TREE REGULATIONS COMMENTING PARTY REQUEST PACKET PAGE # Planning Commission Revisions requested at 12/14/17 PC meeting Detailed on pages 6-7 Public Works Two requested revisions to TMC 18.54.030 C, Exemptions: 1. Add language to 18.54.030 C.3.and, 2. add a new exemption to 18.54.030 C. 17 Vern Meryhew 1. Typo correction to 18.06, Dripline 2. Addition to Qualified Tree Professional definition 3. Significant Tree definition — increase to 6" 10 12 13 Vanessa and Greg Zaputil Comments/Questions about the draft tree regulations • Staff will respond to each comment after hearing. 62-64 Vanessa and Greg Zaputil Request for cost estimates 1-24-18 Comments Staff Requests Replace references to ISA Certified Arborist with "Qualified Tree Professional TMC 18.54.040 A. 3.: Clarify professional review language to read: 3.Professional review or recommendation. In certain circumstances the director may require professional review or recommendation. This assessment prepared by a Qualified Tree Professional should address the following: Six references to ISA Certified Arborist throughout draft tree regulations (pages 18, 22, 29, 31 and 32) 18 23 to clarify when replacement trees are required. TV_ T) 18.54.080 A.: Each existing Significant Tree removed, above the number allowed in Table A, including.... Pg. 23 18.54.080 B: Add a new sentence at the end: Trees determined to be defective by the City or a Qualified Tree Professional, are not required to be replaced. Planning Commission PLANNING COMMISSION PUBLIC HEARING MINUTES Date: January 25, 2018 Time: 6:30 PM Location: Council Chambers Present: Chair, Nhan Nguyen; Vice Chair, Dennis Martinez; Commissioners, Miguel Maestas, Mike Hansen, and Louise Strander Absent: Commissioners Sharon Mann and Heidi Watters Staff: Nora Gierloff, Deputy Director, Carol Lumb, Senior Planner; Andrea Cummins, Urban Environmentalist, and Wynetta Bivens, Planning` Commission Secretary Chair, Nguyen called the public hearing to order at 6:35 PM. ;Commissioner Nguyen thanked \, Commissioner Maestas for doing a wonderful job as the 201.7 Chair. "' Adoption Commissioner Stander requested amendments to the,minutes to include several of Minutes: questions that she raised at the 12/14/17,, ork se s on. Staff requested one addition to the minutes. Commissioner Hansen made aa motion.to adopt the 12/14/17 minutes as amended to include the eight questions listed below tliat:Commissioner Strander asked at the meeting, as well as staff's addition. Commissioner Martinez seconded the motion. All 7- The addition to the minutes are as follows: 1) What is the difference between an exemption and an exception? Staff: An -exemption is a circumstance whenthe tree regulations are not applicable. An exception is similar toy a variance: if there are some special circumstances that make it difficult or impossible to meet:.the requirements of the tree 'code this process is used to allow flexibility. 2) How4s the City going to fulfill GMA goals to encourage more single-family and multi -family housing wlirle preserving the tree canopy? Staff: It is a balancing act. The code requires to the extent possible trees be retained on site. For multi -family development, defer to the Landscaping Code, most of the site would probably be cleared, although i:f possible to retain trees is encouraged. Otherwise, the landscaping code would specify the amount of landscaping required on the front, sides and rear. For individual single-family development there is no requirement for landscaping. For subdivisions, try to preserve the trees that can be incorporated into the development, otherwise there are street tree requirements for subdivisions, and requirement for replacement trees in sensitive areas. Also, try to maintain some protection of the trees on the older homes that currently exist to get to our goals. IV. E. 3) The proposed regulation states a person can remove four trees that are four to eight inches in diameter — what if a property only has four trees and they remove them all, how does that keep the tree canopy? Staff: it doesn't. But we decided it wasn't reasonable to say that no trees can be removed from a single-family site. A property owner can remove up to four trees in a three-year period; if more than four trees are removed, then tree replacement would be required. This would replace some of the tree canopy. Some jurisdictions are more restrictive, but we felt that coming from our current regulations going to that extreme, that would be too much. 4) How much is a tree permit, how often does it increase, and what is the enforcement for not getting a tree permit? Staff: currently $116.55; the price increases annually; we try to approach enforcement on an educational basis first; enforcement begins with a courtesy letter requesting compliance and then escalates as needed. 5) Is there a plan if the tree canopy falls below 47%? Staff: Not currently. 6) Is it correct that a residential home owner can prune a tree up to 25% and other trees up to 20%, and no permit is required? Staff: Yes, it's 25% of the canopy other than fruit trees; no permit is required for pruning. 7) Which City Department is responsible for doing the canopy assessment in the parks or the public right-of-way; would the condition of the tree also be assessed? Staff: It is primarily DCD, partnering with the Parks and Recreation Department. The condition of the tree is a separate assessment, regarding defectsor health concerns. Green Tukwila Partnership is helping with maintenance with. Park properties, currently with Tukwila Park. In the past, City received a grant from the Washington Dept. of Natural Resources for its initial tree canopy assessment; currently King. Conservation District is carrying out a canopy assessment for south -end cities. In the future, we hope to develop a Citywide maintenance plan for City -owned trees — we need data from tree inventory to develop the maintenance plan. 8) Is a laurel considered a tree? Staff: The laurels are an invasive species. We would also consider it a hedge/shrub rather than a tree, although it, can grow tall, like a tree. A laurel can be removed without penalty or a permit. Staff also had an addition to the draft minutes to note the discussion from the Commission that the City needs to provide canopy coverage assessment for City owned properties, City campus and City parks. Carol Lumb, Senior Planner, Department of Community Develop (DCD), gave the presentation, Items in the packet responding to past requests and public comments: • Request for a chart that identifies other jurisdictions and how they treat trees in terms of how they start regulating (Attachment H) Page 2 of 9 • The City Attorney provided guidance on the questions regarding liability (Attachment F) • Information from the Public Works Department regarding the responsibility for taking care of trees that are in the public right-of-way (Attachment G) • Comments from Vern Meryhew, citizen, (Attachment I) • a comment letter from Greg and Vanessa Zaputil (Attachment J) • Chart of comments received and request for changes in the Tree Regulation Highlights given on the Tree Regulations: • These regulations affect primarily single-family residential homes that are outside of either the shoreline jurisdiction or a wetland, a steep slope, a stream or their buffers. • The City does not currently regulate the removal of trees on single-family property unless they are adjacent to or within a sensitive area. • We are looking at the Tree Regulations because of the: Comprehensive Plan tree canopy goals. (listed in attachment C) • The tree canopy for commercial, industrial, and multi -family properties will be addressed through the Landscaping Code. • The amount of canopy for each of the zoning districts in the City, is taken from the City's tree canopy assessment prepared in 2012:- The low -density residential districts comprise approximately one third of the zoned area in,the City, and the canopy makes up approximately 59%. Because it was so high, the decision was made not to increase tree canopy when working on the Comp Plan goal but to maintain the current 47% tree canopy in the City. • Once the City Council adopts the new Tree Regulations the Department of Community Development will work on handouts for educational purposes. • A Tree permit would be required: when doing work in a critical root zone; pruning a heritage tree more than 20% of the existing crown, forthe removal of trees over 8" in diameter; if removing more that the number of trees allowed in a 36-month period; or when trees are illegally removed. • When tree replacement is required, the number of replacement trees is based on the size of the tree canopy. Hazard or defective trees are not required to be replaced, there is some suggested language to add to the regulations for clarification — staff will address later. • Arborist reports are not required for removal of trees on single-family properties, which was a change made by the Planning Commission. It is required for removal of heritage trees, or if development is on a site where heritages trees are in close proximity, and for proposed development, which are primarily for subdivisions or short plats greater than four lots. Commissioner Stander asked the following additional questions at tonight's meeting that she requested be included in the minutes. Question regarding the January 11, 2018, packet, staff report prepared December 28th, attachment E — Goal 4.13, Page 49 of the January 25, 2018 packet. Residential zone is not listed there, is it somewhere else? Staff: The last paragraph was left off on page 35, which should read, "no net loss of canopy cover in individual categories as listed below: Low Density Residential: maintain current Citywide coverage of 47% and Medium and High Density Residential maintain current Citywide coverage of 40%." Page 3 of 9 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 these trees. Commissioner Strander 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 In response to a question raised by Commissioner Nguyen, staff stated that the violation section of the code was added in the event people cut down trees they are not supposed to. The code allows the City to assess a fine up to $1,000, or 3 times the market value of the tree as penalty for the violation. The Director has the authority to seek or not to seek a financial penalty in addition to the required replacement of the trees. Mr. Tischmak stated it is a different issue if the tree is cut down in the right- of-way, in addition to whatever penalties would be assessed by DCD. There was a discussion about an example of deliberate tree removal in Seattle to improve views and a comparison with Tukwila's proposed regulations. Commissioner Martinez requested that when revisions to the SAO regulations are brought to the Planning Commission, these include more specific violation language. The question was raised regarding past issues with insects damaging trees. Staff responded that the tree code doesn't have any bearing on that type of situation. This was probably the U.S.D.A. or State Department of Agriculture that required the tree removal in order to prevent an infestation of an invasive species — these agencies would have compensated property owners. Tree removal in this instance would be an exemption from the tree code: Question raised, page 33, 18.54.120 B enforcement of a property owner threatening to violate the Chapter and the explanation going to City Council. Staff: If it was a serious situation and time sensitive special emergency, the code allows the director to go to court without going to the City Council beforehand. There would be coordination with the City Attorney, and Council President. Public Works Department recommendations: • Page 17, 18.54.030 C., 3., revised language to include, "routine maintenance within rights -of - way related to interference, site distance emergency or topping as codified in chapter 11.20 of the TMC also be exempt," which will make the two chapters consistent. • Add, a new number five, under Exemptions to read: "The removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right-of-way:" Vern Meryhew, citizen, recommendations: • Page 60, remove, 'City of Lake Forest Park' from the definition • Page 12, revise the language to read, an individual who is a certified professional with academic and/or experience that makes them a recognized expert in urban forestry and tree protection. • Increase significant tree size to 6". Commissioner Martinez suggested approving the recommended 6". Staff will change the definition of Significant Tree and in Table A and any references of 4 inches to 6" throughout the draft regulations. There was discussion on the approach of other jurisdictions, particularly SeaTac, which distinguishes between a conifer and deciduous tree in setting the significant tree size. Page 5 of 9 Staff went over the comments and questions from Greg and Vanessa Zaputil, citizens, expressed in their comment letters, dated 1/10/18 and 1/24/18, and responded to questions from the Commission. Some of the questions have been addressed through questions asked by the Planning Commissioners and will not be repeated below. Responses are summarized below: • For non -single-family residential properties, the landscaping code applies, rather than the tree regulations. Typically addressed through the development process. • Property owners are not required to use a contractor — they can take out trees themselves if desired; • The information needed for a tree permit will depend on the complexity and extent of the proposed tree removal — staff works with an applicant to help address which criteria must be addressed and which can be skipped and typically a landscape architect would not be required for tree removal. Commissioner Hansen said do not add a lot of requirements and put too many burdens on the citizens when removing trees. • The proposed regulations are not based on property size — this is for ease of administration and clarity of application for property owners. Other jurisdictions have used this approach, but staff felt it was not the best one for Tukwila. • Education of property owners on proper tree pruning techniques will be important — there are videos on the City's web site on this, staff will prepare other materials. • Healthy trees can be removed — a tree permit would not be denied because a tree is healthy. For the record, a second letter from Greg and Vanessa Zaputil, dated January 24, 2018, was submitted and requests cost estimates for a property owner for items they identify as being required. Some of this is based on a contractor being hired — that person will determine how much it will cost to remove a certain sized tree. Same for an arborist - the fee charged is up to the arborist. Property owner is not being required to hire an arborist (except in the circumstances already identified). For site plans, we work with an applicant to develop the site plan — hiring a landscape architect is not required. Tree replacement is based on the canopy lost, but City doesn't specify the type of tree to plant other than the canopy. Commissioner Strander asked if a permit is needed to remove a volunteer tree? Staff: A volunteer tree, such as a cottonwood, that grows in your yard will probably be removed before it gets to be 6-inches in size — but if it is larger, then will count towards the up to four trees that can be removed in a 36-month period. Does the City follow up to see if a tree was removed? Staff: Typically, no, staff does not go out to see if a tree has been removed, unless the property owner was required to replant after removal or if there was concern about infrastructure around the tree to be removed. Damaged trees from natural events (storms etc.) do not require a tree permit? Staff: These trees are exempt. Page 6 of 9 Staff recommended revisions: • Revise references to ISA Certified Arborist in the code to, "Qualified. Tree Professional" • Page 18, 18.54.040, revise #3 to read, Professional review or recommendation. "In certain circumstances, the Director may require professional review or recommendation. This assessment, prepared by Qualified Tree Professional should address the following." • Page 23, 18.54.080 a, revise language of first sentence to read, ` Each existing significant tree removed, above the number allowed in Table A, including the removal of trees in easements and rights -of -way for the purposes for constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12 to 15 feet apart." • Page 23, 18.54.1)80 B, new sentence added at the end: "Trees determined to be defective by the City or a Qualified Tree Professional are not required to be replaced." Staff requested confirmation that they have permission to make the changes, as discussed by the Commission and move the draft regulations on to the City Council. Commissioner Martinez, said looking at the comparison of other cities and whether permits are required that involve a fee, that he was concerned.with public outreach and the impact on the new tree canopy survey and fees required. He said that the City needs to make the public aware that the first three trees removed are free, then a fee -permit is required. He said it comes at significant financial impact to the community. There were no public comments. The public hearing was closed. DELIBERATION Chairman Nguyen asked if the Commissioners have any comments, are they ready to take action on the draft regulations? Commissioner Strander read the following: "The Comprehensive Plan. goal 4.13 talks about no net loss of canopy cover in individual zoning categories. So Low Density Residential, they want to maintain a 47% canopy coverage. Medium and High Residential, Citywide coverage of 40%. I think the intent of the regulations set forth in the tree ordinance are meant to accomplish this goal of the tree canopy. However, I believe these regulations may not attain this goal. In order for the City to encourage and allow for more housing to be built, the likelihood of a diminished tree canopy is imminent, especially given scarcity of buildable land in the City of Tukwila. The requirement for a 47% tree canopy in a Low Density Residential zone and 40% tree canopy in medium and high Density Residential zones will be very difficult if not impossible to achieve with housing infill and redevelopment. I feel there is not really a way to keep the aforementioned tree canopy presented goals and build expected number of housing units needed, anticipated, or required. So, for these reasons I will not support this ordinance and will be voting no." Page 7 of 9 Commissioner Maestas asked Commissioner Strander if there was a recommendation she would make in order to meet it and support the tree regulations? Commissioner Strander said she thinks it would take some more time but she is not really sure. Staff said that the next few years will allow them to see how we measure up with the tree canopy assessment once they have some more data. When there is more data, this will show if the City is falling short and how best to address this if the City is falling short. Commissioner Nguyen said that he agrees with Commissioner Strander with the need for data, but he does feel comfortable moving forward, with the amendments so far, striking a balance. He said we could keep in mind to revisit this issue in the future. Commissioner Hansen said there are two different issues for him, a new policy and the Growth Management Act Policy, and he does not see the intersection clearly on those. He said they do not have current data, but from a policy stand point he's ok with the policy they worked on. He asked if there was an urgency to get this done before the next data is obtained, at which time they would have something clear to work off. He asked if 2012 was the first year the City had canopy data. He said he accepts the policy but shares the concern about how it ties into the Growth Management Act. Staff said 2012 is the beginning point for canopy assessment data. Commissioner Martinez said one of the ways they could look at it as a Planning Commission is that they have a lot of development that is going to happen in the next several years. He said that the Commission as well as staff are going to have to look at not foregoing or allowing some of the development to get a variance on the canopy growth. It's one way to help protect the future with the development. He is concerned but he said they must start somewhere and they will make sure that future development has the proper amount of canopy coverage as required with no variance. Commissioner Maestas said this is a policy that would support the goal of Comprehensive Plan canopy the goal being achieved. He said there is no guarantee that it will be accomplished but he sees it as something that is going to increase and maintain canopy. Without this policy having much more restrictive elements related to cutting down trees or related to housing and business development, he doesn't see those restrictions being part of this policy. He said he thinks this policy focuses on the City doing everything they can to maintain existing trees. He asked that when they are looking at the data to give some thought as to how the City can promote the addition of trees by offering incentives for homeowners to make an assessment on their property of where they can add trees to their property. He suggested encouraging homeowners to add trees to their property and take a positive role in increasing the overall canopy of the City. He asked if there is something they could add to the policy to increase new trees in the City. Staff said that the draft regulations do allow using the tree replacement fund for single-family property owners to have a free street tree with the concurrence of the Public Works Department. Staff can look at other ways for trees to be planted and encouraged. Page 8 of 9 Commissioner Nguyen suggested asking the Council to set aside some money when they complete the bi-annual budget for the Parks and Recreation Department for an initiative for planting trees. The Planning Commission could direct the chair to do this if they would like. He said it would be another opportunity. MOTIONS: Commissioner Hansen made a motion to approve 18.06 for the Definitions, as revised. Commissioner Maestas seconded the motion. Motion carried. Commissioner Hansen made a motion to approve the changes as revised for TMC 18.54 Tree Regulations. Commissioner Martinez seconded the motion. Motion carried four in favor, Commissioner Strander opposed. DIRECTOR'S REPORT: • Accessory Dwelling Units on the PC agenda, February 15t.. • Staff reminded the Commission to verify their attendance the day prior to meetings to make sure there is a quorum. ADJOURNED: 8:50 PM Submitted by: Wynetta Bivens Planning Commission Secretary Page 9 of 9 TUKWILA TREE AND ENVIRONMENT ADVISORY COMMITTEE RECOMMENDED DEFINITONS AND TREE REGULATIONS CAN BE FOUND UNDER THE NOVEMBER 16, 2017 PLANNING COMMISSION AGENDA PACKET: http://records.tukwilawa.gov/weblink/Browse.aspx?startid=10154&r ow=1&dbid=1 1,b12--}, 33, 3 90 Dui Zone Class Zone Acres Zone Canopy Acres Zone Canopy Percent_ e Goal acres Percent Increase Goal Goal Commercial Light Industrial 416.7 88.1 21% 91.7 1% 22% Heavy Industrial 151.1 16.5 11% 18.1 1% 12% Light Industrial 51.6 5.1 10% 5.7 1% 11% Manufacturing Industrial Center/Heavy 1,033.7 95.9 9% 103.4 1% 10% Manufacturing Industrial Center/Light 99.3 19.7 20% 20.9 1% 21% Industrial Total 1,752.4 225.4 13% 239.8 1% 14% High Density Residential 145.7 48.5 33% 145.7 0% 33% Medium Density Residential 84.0 43.1 51% 84.0 0% 51% High - Medium Residential Total 229.7 91.6 40% 91.6 0% 40% Low Density Residential Total 1,639.0 777.0 47% ` . 777.0 0% 47% 42% Mixed Use Office 34.2 14.0 41% 14.4 1% Neighborhood Commercial Center 38.3 5.1 13% 5.4 1% 14% Office 49.7 24.5 49% 24.9 1 % 50% Regional Commercial 69.3 6.0 9% 6.9 1% 10% Regional Commercial Mixed Use 66.8 25.0 37% 25.4 1% 38% Residential Commercial Center 5.7 1.7 30% 1.8 1 % 31% Office and Commercial Total 264.0 76.2 29% 78.8 1% 30% Tukwila Urban Center 763.E 81.8 11% 106.9 3% 14% Tukwila Valley South 265.8 56.2 21% 63.8 3% 24% Urban Center and South Total 1,029.3 138.0 13% 170.7 3% 16% Citywide Total 4,914,4 1,308.2 27% 1,357.9 1% 28% *Canopy Percent does not match citywide total because this table only shows zoned parcels, not rights -of -way. Parks, wetlands, and storm water detention areas are not included in zoned parcels. Table 7 - Canopy Goals A no -net -loss strategy is recommended for Residential zones. Commercial and Office zones may have an opportunity to increase canopy with additional tree planting in parking lots, along street rights -of -way and with increased perimeter or interior landscape tree requirements for redeveloped parcels. Industrial areas have planting opportunities along the river and in rights -of way, so a 1% increase in tree canopy goal is recommended. A more substantial 3% increase may be achieved in Tukwila Valley South and the Urban Center if planned redevelopment occurs. This goal is contingent on redevelopment and the subsequent establishment and growth of landscape and street trees in newly -developed land that was previously mostly agricultural in the Tukwila, WA Urban Tree Canopy Assessment 27 PROPOSED REVISIONS TO DRAFT TREE REGULATIONS COMMENTING PARTY REQUEST PACKET PAGE # Planning Commission Revisions requested at 12/14/17 PC meeting Detailed on pages 6-7 Public Works Two requested revisions to TMC 18.54.030 C, Exemptions: 1. Add language to 18.54.030 C.3.and, 2. add a new exemption to 18.54.030 C. 17 Vern Meryhew 1. Typo correction to 18.06, Dripline 2. Addition to Qualified Tree Professional definition 3. Significant Tree definition — increase to 6" 10 12 13 Vanessa and Greg Zaputil Comments/Questions about the draft tree regulations • Staff will respond to each comment after hearing. 62-64 Staff Requests --TIM Replace references to ISA Certified Arborist with "Qualified Tree Professional 18.54.040 A. 3.: Clarify professional review language to read: 3.Professional review or recommendation. In certain circumstances the director rnay require professional review or recommendation. This assessment prepared by a Qualified Tree Professional should address the following: 18.54.080 A.: Each existing Significant Tree removed, above the number allowed in Table A, including.... Six references to ISA Certified Arborist throughout draft tree regulations (pages 18, 22, 29, 31 and 32) 18 23 to clarify when replacement trees are required. M&t/� -- t*bciv r31� ,A,u.<U a..r^` u 18.54.080 B: Add a new sentence at the end: Trees determined to be defective by the City or a Qualified Tree Professional, are not required to be replaced. Pg. 23 Vanessa and Greg Zaputil Request for cost estimates Handout—1-24-18 Comments Greg & Vanessa Zaputil 1517152"d Ave. S. #5 Tukwila, 98188 (206) 242-9945 01/24/18 City of Tukwila Planning Commission 6300 Southcenter Blvd. Tukwila, WA 98188 Upon further review of the audio recordings of the Planning Commission meeting on Dec. 14, 2017, we observed an important piece of information is missing from the tree regulation proposal: estimates for the cost for compliance with the Tree Permit application. This is needed for the Commission to fully understand the greatly increased financial and time impacts for our property owners. As we stated in our previous letter, tree permits are currently not required for any trees in non -sensitive areas (excepting those planted in compliance with a required landscaping plan), so a permit application mandate for all trees, other than single family properties with trees less than 8" diameter is significant. The regressive nature of this proposal clearly impacts the residents and small businesses to a much larger extent, and reduces affordability. To clarify, the Permit application requires, at minimum, services from a landscape architect (for both the site and landscape plans), a surveyor (for topography- elevations), and an arborist. We request the City obtain a cost estimate for a property owner to perform the following: 1. Sample Tukwila Single Family Home Property Permit Application' Cost estimate for 18" tree including: a. Tree removal cost b. Tree removal permit fee c. Per Permit Application- Site Plan of the proposal from a landscape architect and surveyor showing: i. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; ii. Identification of all Significant Trees to be removed and/or relocated; iii. Existing and proposed topography of the site at 2-foot contour intervals; and iv. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. d. Per Permit Application- Landscape Plan for the proposal from a landscape architect showing: i. Diameter, species name, spacing and location of replacement trees to be planted; ii. Diameter, species name and location of all Significant Trees to be retained; and iii. Vegetation protection measures consistent with the criteria in TMC 18.54.060 e. Per Permit Application2- Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: i. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; ii. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; iii. Post -construction site inspection and evaluation; and iv. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 1 Proposed Single Family Tree Removal (18.54.040 B) indicates a permit application is necessary for all trees greater than 8", and only details what is required for a Tree Inventory Survey for trees less than 8". 'Single Family Homes are not exempted from arborist report on proposed application language (18.54.040 A) 2. Sample Tukwila Small Business Property Permit Application Cost estimate for 18" tree including: a. Tree removal cost b. Tree removal permit fee c. Per Permit Application- Site Plan of the proposal from a landscape architect and surveyor showing: i. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; ii. Identification of all Significant Trees to be removed and/or relocated; iii. Existing and proposed topography of the site at 2-foot contour intervals; and iv. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. d. Per Permit Application- Landscape Plan from a landscape architect for the proposal showing: i. Diameter, species name, spacing and location of replacement trees to be planted; ii. Diameter, species name and location of all Significant Trees to be retained; and iii. Vegetation protection measures consistent with the criteria in TMC 18.54.060 e. Per Permit Application- Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: i. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; ii. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; iii. Post -construction site inspection and evaluation; and iv. estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 3. Sample Large Commercial Property Permit Application Cost estimate for 18" tree including: a. Tree removal cost b. Tree removal permit fee c. Per Permit Application- Site Plan of the proposal from a landscape architect and surveyor showing: i. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; ii. Identification of all Significant Trees to be removed and/or relocated; iii. Existing and proposed topography of the site at 2-foot contour intervals; and iv. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. d. Per Permit Application- Landscape Plan from a landscape architect for the proposal showing: i. Diameter, species name, spacing and location of replacement trees to be planted; ii. Diameter, species name and location of all Significant Trees to be retained; and iii. Vegetation protection measures consistent with the criteria in TMC 18.54.060 e. Per Permit Application- Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: i. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; ii. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; iii. Post -construction site inspection and evaluation; and iv. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. The proposed updates to the tree regulations are suited to new developments of properties, and due to the regressive nature of these updates, we further request all existing developed properties be grandfathered to the existing regulations, with an educational focus. Greg & Vanessa Zaputil Party of Record Carol Lumb From: Carol Lumb Sent: Tuesday, January 23, 2018 2:44 PM To: Executive Staff Cc: Nora Gierloff Subject: Proposed Changes to Tukwila's Tree Regulations and revisions to Zoning Code Definitions Hello, The Planning Commission will hold a public hearing this Thursday, January 25th on proposed changes to the City's tree regulations, found in TMC 18.54 and changes to the Zoning Code's Definitions chapter, TMC 18.06, to incorporate new landscaping terms and terms that address urban forestry. Here is a link to the two draft regulations: Z:\01AgendaBusiness\Ordinances For Review\Draft Tree Regulations & Definitions. The recommended changes will be considered by the Community Development and Neighborhoods Committee on February 13th and February 27th. If we don't need a CDN meeting on March 13th, then we hope to have a public hearing at the COW meeting on March 12th and possible action the following week on March 19th if the Council is ready to move forward. I'd appreciate your review and receiving any comments by February 2"d. Let me know if you have any questions. Carol Carol Cumb, .AICP, Senior Planner Department of Community Development City of 7ukwiCa 630o Southcenter Blvd., Suite ioo Tukwila, IV 4 98188 206-431-3661 Caroaumb@`ThkiviCalva.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Friday, January 19, 2018 4:55 PM To: 'Andy Padvorac'; 'Brooke Alford'; 'Dana Ramsey'; 'Daryl Tapio'; 'David Bayard'; 'David Mutchler; 'Eli Brocker'; 'Glen Allen'; 'Greg Allwine, AIA'; 'Heather McLeland-Wiser; 'Heidi Narte'; 'Hung van Pham'; jeff.beckwith@pse.com'; 'John Rucker'; 'Kathy Graff'; 'Kelli Turner (greenrosel0@msn.com)'; 'Kerrt Kriner'; 'Liliana Cardenas'; 'meayotte@comcast.net'; 'Nathan Elliott'; 'Paula Williams'; 'pslinder@comcast.net'; 'Rev. Allen Mosley'; 'Roger'; 'Sunny Mulholland'; 'Thelma Gustafson'; 'Vanessa Zaputil; 'Vicki Lockwood'; 'Wayne Werle' Subject: January 25, 2018 Public Hearing Dear Interested Party, The Planning Commission will hold a public hearing on Thursday, January 25, 2018, beginning at 6:30 p.m., on the proposed revisions to the City's tree regulations and definitions related to urban forestry and landscaping. This hearing was postponed from January 11, 2018, due to a lack of a quorum. The link to the materials is here: http://records.tukwilawa.goy/WebLink/Browse.aspx?startid=10154&row=1&dbid=1. From this page, click on Boards and Commissions, then Planning Commission, then Planning Commission Agenda Packets. The January 25th materials are the last item that has been posted. The Planning Commission meets in the City Council Chambers, 6200 Southcenter Blvd., Tukwila, WA 98188. After the Planning Commission completes its work, the draft regulations will move forward to the City Council's Community Development and Neighborhood Committee. I will confirm the date of Council review after the Planning Commission completes its work. Please let me know if you have any questions. Sincerely, Carol Lumb Carol Lumb, ATCP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite loo Tukwila, 147.lt 98188 206-431-3661 Carorfumb@TukiviCawa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Friday, January 19, 2018 4:50 PM To: 2017 Tree and Environment Advisory Committee Subject: January 25, 2018 Planning Commission Meeting Hello everyone, The Planning Commission will hold a public hearing on Thursday, January 25, 2018, beginning at 6:30 p.m., on the proposed revisions to the City's tree regulations and definitions related to urban forestry and landscaping. The link to the materials is here: http://records.tukwilawa.gov/WebLink/Browse.aspx?startid=10154&row=1&dbid=1. From this page, click on Boards and Commissions, then Planning Commission, then Planning Commission Agenda Packets. The January 25th materials are the last item that has been posted. The Planning Commission meets in the City Council Chambers, 6200 Southcenter Blvd., Tukwila, WA 98188. After the Planning Commission completes its work, the draft regulations will move forward to the City Council's Community Development and Neighborhood Committee for its review on February 13, 2018. I will confirm this date after the Planning Commission meeting on January 25th. Please let me know if you have any questions. Carol Carol Lamb, 5IICP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite too Tukwila, W5t 98188 206-431-3661 Ca o Lu1n6@7ukwvilawa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Thursday, January 11, 2018 3:39 PM To: 'Andy Padvorac'; 'Brooke Alford'; 'Dana Ramsey'; 'Daryl Tapio'; 'David Bayard'; 'David Mutchler'; 'Eli Brocker'; 'Glen Allen'; 'Greg Allwine, AIA'; 'Heather McLeland-Wiser'; 'Heidi Narte'; 'Hung van Pham'; jeff.beckwith@pse.com'; 'John Rucker'; 'Kathy Graff; 'Kelli Turner (greenrosel0@msn.com)'; 'Kerrt Kriner'; 'Liliana Cardenas'; 'meayotte@comcast.net; 'Nathan Elliott'; 'Paula Williams'; 'pslinder@comcast.net'; 'Rev. Allen Mosley'; 'Roger; 'Sunny Mulholland'; 'Thelma Gustafson'; 'Vanessa Zaputil'; 'Vicki Lockwood'; 'Wayne Werle' Subject: Public Hearing Postponed Importance: High Dear Interested Party, Due to a lack of a quorum, tonight's public hearing on proposed tree regulations and revisions to definitions has been cancelled and continued to a date certain: January 25, 2018, at 6:30 p.m. I will send you a link to the Planning Commission packet for the 1/25/18 meeting when it is posted on the City's web site. Please let me know if you have any questions. Carol Lumb CaroC.Cumb, 51ICP, Senior Planner Department of Community Development City of 7-ukwi(a 630o Southcenter Blvd., Suite 100 Tukwila, 'W k 98188 206-431-3661 CaroC.Cumb@Tukwilawa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Thursday, January 11, 2018 3:40 PM To: 2017 Tree and Environment Advisory Committee Subject: Tonight's Public Hearing Postponed Hello everyone, Due to a lack of a quorum, tonight's public hearing on proposed tree regulations and revisions to definitions has been cancelled and continued to a date certain: January 25, 2018, at 6:30 p.m. I will send you a link to the Planning Commission packet for the 1/25/18 meeting when it is posted on the City's web site. Please let me know if you have any questions. Carol CarofCumb, .A.ICP, Senior Planner Department of Community DeveCopment City of ?Tukwila 630o Southcenter Blvd., Suite loo `rukwiCa, 1N.A1 98188 206-431-366i Caro l.Lumb @Tiu kw i larva. cg ov 7ukwi(a, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Sent: To: Subject: Dear Interested Party, Carol Lumb Thursday, December 28, 2017 4:46 PM 'Andy Padvorac'; 'Brooke Alford'; 'Dana Ramsey'; 'Daryl Tapio'; 'David Bayard'; 'David Mutchler'; 'Eli Brocker'; 'Glen Allen'; 'Greg Allwine, AIA'; 'Heather McLeland-Wiser'; 'Heidi Narte'; 'Hung van Pham'; jeff.beckwith@pse.com'; 'John Rucker'; 'Kathy Graff'; 'Kelli Turner (greenrosel0@msn.com)'; 'Kerrt Kriner'; 'Liliana Cardenas'; 'meayotte@comcast.net; 'Nathan Elliott'; 'Paula Williams'; 'pslinder@comcast.net'; 'Rev. Allen Mosley'; 'Roger'; 'Sunny Mulholland'; 'Thelma Gustafson'; 'Vicki Lockwood'; 'Wayne Werle' Revisions to Tukwila's Tree Regulations I wanted to let you know that the Tukwila Planning Commission will hold a public hearing on proposed changes to the City's tree regulations and revisions to the Zoning Code Definitions related to trees and landscaping on Thursday, January 11, 2018, beginning at 6:30 p.m. The Planning Commission meets in the City Council Chambers, located at 6200 Southcenter Blvd., Tukwila, WA 98188. I will send you a link to the materials that are the subject of the Planning Commission hearing next week, as soon as they are posted on the City's web site. In the meantime, if you have any questions, please let me know. My contact information is listed below. Sincerely, Carol Lumb Carol _Climb, ATCP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite 100 Tukwila, 117.Al 98188 206-431-3661 CaroC.Cumb@Tukwilawa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Robin Tischmak Sent: Thursday, December 28, 2017 4:18 PM To: Carol Lumb Subject: Tree Regulation Comments Attachments: Draft Tree Regulations - PW Comments.docx Carol - Attached are comments and concerns that PW is requesting for consideration and inclusion in the final regulations. Let me know if you have any questions. Robin Tischmak City Engineer 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 206-431-2455 The City of opportunity, the community of choice. i Robin's Comments Regarding Proposed Landscaping Regulations • General discussion of Public Works approach to maintenance of landscaping/trees in the public rights -of -way. New capital improvement projects (both public and private) continue to install new landscaping and street trees within the public rights -of -way for various beneficial reasons. Staffing that maintains said vegetation has not increased along with this increased workload. Therefore, PW staff generally maintains newly installed landscaping during the establishment period. These areas often include irrigation systems to avoid plant mortality during the dry, hot summer months. Landscaping installed by private development is generally maintained by the private entity for a prescribed establishment period. After landscaping and street trees are established, staff relies on some level of support from abutting property owners as maintenance of all vegetation in the public rights -of - way by City staff is not possible. The expected level of support is generally as outlined in the TMC. There are varying levels of support from private property owners, but City staff generally takes responsibility for issues that appear to extend beyond the normal capacity of property owners. While this may seem ambiguous, the City accepts maintenance help from proactive property owners, but generally accepts responsibility for maintenance issues in the right-of-way if public infrastructure is at risk or if an issue is left unattended. Rarely, if ever, has the City enforced a maintenance provision of the TMC on a property owner for vegetation issues within the right-of- way. • Public Works has had the opportunity to review the Draft Tree Regulations and request the following revisions to reduce or eliminate conflicts with TMC Chapter 11.20 18.54.030 Tree Permit Required Revise C.3. to include: "routine maintenance within rights -of -way related to Interference, Sight Distance, Emergencies or Topping as codified in Chapter 11.20 of the TMC." Add an exemption for the removal of trees in the right-of-way related to a capital' project that has a landscaping component that includes trees, where there is adequate room in the right-of-way. Carol Lumb From: Carol Lumb Sent: Thursday, December 28, 2017 4:26 PM To: Andy Thompson; Becky Smith; David Shumate; Dennis Robertson; Don Scanlon; Heidi Watters; Kathleen Wilson; Laurel Humphrey; Sean Albert; Sharon Mann; Stephen Reilly Subject: Public Hearing on Tree Regulations Hello everyone, I hope you all had a wonderful Christmas — and enjoyed the snow that was timed particularly well for this time of year. I wanted to let you know that the Planning Commission will hold a public hearing on the proposed revisions to the Zoning Code definitions and the proposed revisions to the tree regulations on Thursday, January 11, 2018, beginning at 6:30 p.m. I will send you a link to the materials that are the subject of hearing as soon as they are posted on the City's web site next week . Let me know if you have any questions, Carol Carol Cumb, 5LICP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite 100 Tukwila, `W A. 98188 206-431-3661 Caro1.lumb@emukwilawa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Wednesday, December 27, 2017 9:42 AM To: 'sepaunit@ecy.wa.gov' Cc: 'Karen Walter' Subject: Notice of SEPA Determination Attachments: E17-0015 DNS signed.pdf; E17-0015 Staff Rpt.pdf; SEPA Checklist.pdf; TMC 18.54 Clean w PC edits.pdf; TMC 18.06 SO-U w PC edits.pdf Hello, Attached please find a DNS the City of Tukwila issued today for draft regulations revising our tree regulations and. revising definitions in the Zoning Code to address urban forestry and landscaping terms. Please let me know if you have any questions. My contact information is listed below. Happy New Year! Sincerely, Carol Lumb Caroflumb, 911CP, Senior Planner Department of Community Development City of TukwiCa 630o Southcenter Blvd., Suite 100 ?'ukwiCa, 1N.4. 98188 206-43i-3661 Caro CLton b@' 1,1 ivdCalva.gy 7ukwi(a, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Monday, September 25, 2017 10:51 AM To: 'Liliana Cardenas' Subject: Tree Code Update Hi Liliana, The City is considering changes to definitions in the Zoning Code that relate to landscaping and trees and the regulations that govern tree protection, retention and removal, found in TMC 18.54. As a first step in the review process, the Tukwila Tree and Environment Advisory Committee will begin meeting again on Wednesday, September 27, 2017 to take up these issues. Here is a link to information about their first meeting: http://www.tukwilawa.gov/departments/community-development/community-planning/tree-environment- advisory-committee/. Following review of the proposed revisions to the definitions in the Zoning Code, the Committee will take up proposed revisions to the City's tree regulations. Links to the draft tree regulations will be posted on the City's web site in the future. If you have questions, or if there are other individuals within your organization who should be notified of the work on the City's tree regulations, please let me know. I have added your name to the email list that will receive notices of the Advisory Committee meetings and providing information about the meeting agenda. Sincerely, Carol Carollumb, .1IICP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite 100 Tukwila, -W 1 98188 206-431-3661 Caronumb@Tuktivilawa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Monday, September 25, 2017 9:42 AM To: 'Padvorac, Andy' Subject: RE: contact info? Hi Andy, Thanks so much for getting back to me — I accidently hit the send button before I was finished writing the email and was surprised to see that you are still there! I was actually looking for the contact information for your replacement, but since you haven't retired yet, that question is moot. Glad you will be around to review at least the initial draft of the tree regulations — and I hope they made it worth your while to be "flexible"! I will put you back on the email list. When I sent out the email on Friday notifying those on my "interested party" list about the upcoming meeting of the Tree and Environment Advisory Committee meeting, two of the emails to individuals at PSE were returned: Don Amore and Douglas Corbin. I also sent one to Sandy Leek and that email went through (or at least I didn't get it returned to me). Besides you, who should I include on the email list?? I will forward to you the email I sent out to your colleagues just so you have it. We are still fine tuning the tree regulations but should have therm ready for our Advisory Committee this week or next. The definitions that the Committee will take up this Wednesday are posted here: http://www.tukwilawa.gov/departments/community- development/community-planning/tree-environment-advisory-committee/ Let me know if you have questions. And we're happy to meet with you once the tree regulations are finished and you've had a chance to review them. Carol From: Padvorac, Andy [mailto:andy.padvorac@pse.com] Sent: Friday, September 22, 2017 2:32 PM To: Carol Lumb <Carol.Lumb@TukwilaWA.gov> Subject: RE: contact info? Carol, my email is andypadvo@gmail.com and I hope to keep the cell number I have used for work which is 206-790- 8153. My tentative departure date is Nov. 3rd, but we are short of staff right now and earlier this week my manager made a passing comment about said date being flexible. My rebuttal was something along the lines of "make it worth my while!" Have a good weekend! Andy Padvorac Ofc 425-456-2550 Cel 206-790-8153 From: Carol Lumb[mailto:CaroLLumb©TukwilaWA.gov] Sent: Friday, September 22, 2017 12:26 PM To: Padvorac, Andy Subject: contact info? 1 CarolCumb, MCP, Senior Putnner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite loo Tukwila, ` iv, -A 98188 206-431-366i Carol.Lumb@Tukivilaiva.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 2 8 { SEPTEMBER 2017 « ww.w.TUKWILAREPORTER.com plo ment=and .other channels ; toward a better. future. Werecognize the role that government cant. -play in 'breaking down barriers -that 'block equitable access to opportunities. The Citys ;; Strategic Plan, adopted in 2032, provides us•the, guideposts for our work on behalf iof our res dents, businesses• and guests: and: emphasizes: partnerships and collaboration. One of the goals • - Foundation for All Tukwila Residents clearly calls for equitable access to opportunity forTukwila residents. City of Tukwila • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Online: TukwilaWA.gov As Mayor,1 amproud to,live in Tukwila, one of the_ - guidance to==City elected ;officials, staff, boards ' most; diverse cities in the' state :Washington.' ;_;and commissions; partners, residents, business- We have a rich history of beinga gathering place es and -guests on how the City of.Tukwila will ac- • for=rnanydiffereritgroups;in this region; inc(udirdg <;-tively'promote equitable access;to,op ortunities , p Native Americans, early pioneer settlers, boom and services:in ourcity The Policy identifies the ing-businesses;'and newly-arrived'immigrant;' followingsix-goals::_ and refugee families that now call America home, -' CityWorkforce reflects ow commum While we `celebrate Tukwila, we recognize that- 2. Community outreach and engagement is. many in o r communitydo r% hve e equitable_ �,: relevant; titention.al; irdusiv_e; consistent,; - a access to =services, government, education; ern- and ongoing. 3: All residennts and'visitors receive equitable_::. delivery of City services.. 4. City government is committed to equity in the decision -making process.: 5.Equity serves as a core value for all long- term pia moving forward.: 6. The City will build capacity around equity within City. government and the broader community. �Ne: recognize that societal, environmental and On August 28 the draft Policy was presented to legalfactors, both historic and`present-day, have Tukwila's City Council. The full' policy can be resulted in inequitable access:to opportunities _found online at TukwilaWA.gov/EquityPolicy :, and services for some individuals and groups of --Over the next few weeks, all City -staff will have an people. Factors include but are not limited to: opportunity to discuss the policy.: We expect the V Age final policy to be approvedby Council before the V Physical and/or Cognitive Disability, end of the year. V Economic Status ' Gender V National Origin/Language :. T. Race and/or. Ethnicity V Religion ' Sexual Orientation Over the course of 2017, the City has been hard at work developing an EquityPolicyto provide Though the City his made mangy strides toward equity, we fully acknowledge we:have more work to do. I look forward to collaborating with Coun- ; ;cil, staff, residents, businesses and other part- ners in this work. Allan Ekberg, Mayor Members of Tukwila Fire Department deployed to assist with recent disaster events Four members of the Tukwila Fire Department'were deployed -to Texas to help with rescue and recovery efforts in response to Hur- ricane Harvey. Captains Pat McCoy, Mark Morales and Andy Nevens, and Firefighter Pat O'Brien went on the initial deployment. All four of these men have served in other disasters around the country includ- ing Katrina, the Oso Mud Slide, and other hurricanes. Captain Morales, Firefighter O'Brien and Captain Nevens (pictured) were all assigned to a "Swift Water Team" that is assigned to be in the water, moving equipment, rescuing stranded residents and searching buildings that are dangerously flooded. All three have specialized training for working in danger- ous water conditions like this. Captain Pat McCoy was deployed on a different mission in Texas as part of a Disaster Medical Assistance Team. This specialized medical team is commonly assigned to the larger shelters, setting up a medi- cal clinic to support medical needs of the victims there. On the way back to Tukwila from Texas, the team was called again and turned around"in_Richland, WA to head to Robins Air Force Base in Georgia for staging to assist with rescue and recovery efforts in re- sponse to Hurricane Irma. In addition, Firefighters Merle Brooks and Aaron Johnson were also deployed to assist with swift water rescue in association with the Irma response. • The City Administration, Fire Department and the families of our re- sponders have shown their support for our members who are willing to go into dangerous conditions and serve others in need. 'Tukwila's costs are reimbursed by the federal government through FEMA. setent Ere&6 www.TUKWILAREPORTER.com » SEPTEMBER 2017) 7 tukwila reporter. 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Southcenter I Pioneer Square Westlake Center Bellevue Square I University Village Sea-Tac Airport www.fireworksgallery.net 1961751 Come in for a new patient exam and receive a that can beused towards your next dental visit restrZtibns 206. 75.0 50W* www srr llessouthcenter.com wtta, V1/A 98188 SEATAC 20402 International Blvd 206-592-5928 TUKWILA 17250 Southcenter Parkway 206-575-0330 Carol Lumb kJ et '"-( &)(.I i \ rn !4,•- r - E Ti t.( )I'Co J iwA..T From: Carol Lumb Sent: Friday, September 22, 2017 11:57 AM To: 'Brooke Alford'; 'Dana Ramsey'; 'Daryl Tapio'; 'David Bayard'; 'David Mutchler'; 'Doug Corbin'; 'Eli Brocker"; 'Glen Allen'; 'Greg Allwine, AIA'; 'Heather McLeland-Wiser'; 'Hung van Pham'; 'John Rucker; 'Kelli Turner (greenrosel0@msn.com)'; 'Kerrt Kriner'; 'Linda Sebring'; 'meayotte@comcast.net'; 'Nathan Elliott'; 'Paula Williams'; 'pslinder@comcast.net'; 'Rev. Allen Mosley'; 'Roger; 'Sunny Mulholland'; 'Thelma Gustafson'; 'Vicki Lockwood'; 'Wayne Werle' Cc: Nora Gierloff; Andrea Cummins Subject: Tukwila Tree Regulations Dear Interested Party, I have been in touch with you in the past about revisions to Tukwila's Comprehensive Plan goals and policies related to the environment and our urban forest and changes to the Zoning Code regulations that require landscaping in commercial, industrial, and multi -family projects and non-residential development in the single family residential district, found in TMC 18.52. The City is now considering changes to definitions in the Zoning Code that relate to landscaping and trees and the regulations that govern tree protection, retention and removal, found in TMC 18.54. As a first step in the review process, the Tukwila Tree and Environment Advisory Committee will begin meeting again on Wednesday, September 27, 2017 to take up these issues. Here is a link to information about their first meeting: http://www.tukwilawa.gov/departments/community-development/community-planning/tree-environment- advisory-committee/. If you no longer would like to receive these email notices, please let me know, and I will take you off the electronic mailing list. If you have any questions about the upcoming meeting, my contact information is listed below. Thank you, Carol Lumb Carollumb, .AICP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite too Tukwila, `WA 98188 2o6-431-366t Caro C. furn b@Tukwilawa..gov Tukivila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Friday, September 22, 2017 12:35 PM To: Heidi Narte; Sandi Fukumoto; Mutchler, David; 'sandy.leek@pse.com'; 'don.amore@pse.com' Subject: Update to Tukwila Tree Regulations Hello, The City is considering changes to definitions in the Zoning Code that relate to landscaping and trees and the regulations that govern tree protection, retention and removal, found in TMC 18.54. As a first step in the review process, the Tukwila Tree and Environment Advisory Committee will begin meeting again on Wednesday, September 27, 2017 to take up these issues. Here is a link to information about their first meeting: http://www.tukwilawa.gov/departments/community-development/community-planning/tree-environment- advisory-committee/. Following review of the proposed revisions to the definitions in the Zoning Code, the Committee will take up proposed revisions to the City's tree regulations. Links to the draft tree regulations will be posted on the City's web site in the future. If you have questions, or if there are other individuals within your organization who should be notified of the our work on the City's tree regulations, please let me know. Sincerely, Carol Lumb CaroCLumb, .�LICP, Senior Planner Department of Community Development City of 7ukwi[a 630o Southcenter Blvd., Suite loo 7uktiviCa, `W4 98188 206-431-366i Caro1.Lum6@7ukiviCawa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb S t,- (- e psi.1z»v , Air‘o t es e . to 11.-‘ From: Narte, Heidi <Heidi.Narte@seattle.gov> Sent: Thursday, May 11, 2017 9:41 AM To: Carol Lumb Cc: Allen, Glen; Allen, Shane; Fukumoto, Sandi; Mutchler, David Subject: RE: 13416 48th Ave South - Emergency Tree Removals Hello Carol, Thank you for your email. Please include David Mutchler SCL Power Line Clearance Coordinator, Sandi Fukumoto SCL Franchise City Liaison (both copied on this email) and me on emails regarding the City of Tukwila's proposed new tree regulations. Feel free to contact David or me if you have additional questions or comments. Thanks! -hn HEIDI NARTE I ARBORICULTURIST SEATTLE CITY LIGHT VEGETATION MANAGEMENT heidi.narte@seattle.gov ISA CA #PN-5444A / ISA TRAQ #1357 TEL (206) 386-1650 http://www.seattle.gov/light/vegmgmt/ From: Carol Lumb[mailto:Carol.Lumb@TukwilaWA.gov] Sent: Thursday, April 13, 2017 10:03 AM To: Narte, Heidi <Heidi.Narte@seattle.gov> Cc: Allen, Glen <Glen.Allen@seattle.gov>; Allen, Shane <Shane.Allen@seattle.gov> Subject: RE: 13416 48th Ave South - Emergency Tree Removals Hi Heidi, Thank you for your email — my apologies for the long delay in getting back to you. We appreciate Seattle City Light's coming out to Mr. Johnson's site on March 14th to discuss the removal of hazardous trees that were impacting SCL lines. Since our meeting, I have received the six tree vouchers from SCL — thank you, we will use these to purchase trees for planting on City properties, particularly in sensitive areas if possible. I also appreciate your sending along the RCW citations regarding the removal or cutting of vegetation as it relates to electric utilities, which we have reviewed. We are just starting the process of updating the City's tree regulations. Can you suggest someone from Seattle City Light that I can include on our mailing list so that when we have a draft available for public review? Should it be you? We want to make sure that the electric utilities have an opportunity to review and comment during the regulation development process. I look forward to receiving your suggestions on names to add to our mailing list. Thank you again for the tree vouchers. Carol Sent: Thursday, March 16, 2017 10:21 AM To: Carol Lumb <Carol.Lumb@TukwilaWA.gov> 1 Cc: Allen, Glen <GIen.Allen@seattle.guv>; Allen, Shane <Shane.Allen@seattle.gov- Subject: 13416 48th Ave South - Emergency Tree Removals Hello Carol, It was nice meeting with you yesterday and discussing Seattle City Light's emergency tree removals at 13416 48th Ave South, Tukwila. I believe we left the meeting with the below understandings. Please let me know if we misunderstood or missed anything. • The property owner was given 3 tree certificates; the City of Tukwila will work with him to select the appropriate tree species (the certificates state that trees purchased must no taller than 20 feet at mature height) • Seattle City Light will provide the City of Tukwila with 6 tree certificates • Seattle City Light will treat the stumps of the trees its crew removed at the site with the aquatic herbicide Rodeo to prevent ongoing maintenance issues with sprouting stems • To keep power safe and reliable Seattle City Light must, on occasion, remove trees that present significant safety hazards to power assets and must remove trees that are causing or may imminently cause power outages. Trees removed during these circumstances will not fall under City of Tukwila Tree Replacement Requirements. Attached is the Washington State Code regarding cutting or removing trees and electric utilities. Feel free to contact Glen Allen, Shane Allen, or me if you have questions or comments. Thanks for meeting us! Nhn HEIDI NARTE I ARBORICULTURIST SEATTLE CITY LIGHT VEGETATION MANAGEMENT heidi.narte©seattle.gov ISA CA #PN-5444A / ISA TRAQ #1357 TEL (206) 386-1650 http://www.seattle.gov/Iight/vegnngmt/ 2 r'f 036 tAa-/(-41-6")•1 ' Z ,"'1 fla fte. L 1 4r.0 f' f(.2- -P0 4- *wvs da,isi, - Ro Lk) u i s Tree • e e The City's tree regulations are being updated and should be adopted in 2018. Please sign up if you would like more information about proposed changes to City code. Name Address E-mail address cick,A,.. ;\*\\ arm 3L-A- A , l - \ 5* 5 T Qa"\' st`'-w',\)1 qr' Q-a ah0'?. f n e-) rnk G K 9-r H-- 5 o 0 9 y 1 ”-- ,_ L. 5 '3- r in ci7. 0 o rn 14 o/S'- 33 - P)- So n \A Dior&n \ ct-z-e_,C o'crc2Iiv\ 1__ot,rson iki ji PI, $b- 1 /A- �dPi h AG,. /L._� 11/��4 � ` ��(') ��45�• / 0 .6.4wGct s�. itie V-I<AI ML 62, YHLam✓ L{�31 7G./gg 5'.7- ICe VA -Vi lk v A 1) PitAll ((,S 14E-9 `r i g./y 4 Gtivt VO Erh 00 . Go )471 rTh Z5 (l� Introduce self for record Go through packet to identify each item that PC received At December meeting, PC asked for: 1. Chart identifying size of "significant tree" in other jurisdictions: ATTACHMENT H 2. Information from City Attorney regarding liability: Attachment F - liability is very situation/site specific. 3. Information from Public Works on responsibility for taking care of trees that are in the ROW: Attachment G. Robin Tischmak, City Engineer, here tonight. Budget influences City's ability to address maintenance of trees in ROW. I'm hoping PC can ask questions they have for him after the public hearing so that he can be excused after that. 4. Another copy of the chart that compares other jurisdictions "significant tree size" Also staff has provided an example of 4, 6, and 8 inch trees to pass around. ATTACHMENT H 5. Comments have been received from Vern Meryhew, ATTACHMENT And Vanessa and Greg Zaputil, ATTACHMENT J, plus additional comments received today that are at their chairs. Staff Rpt. Summarizes each section of the draft tree regulatns and identifies that revisions are being made to the definitions of Zoning Code. Would like to highlight some of the key provisions of the proposed tree regulations,: CsY • These are new regulations for non -sensitive area, non -shoreline properties, primarily single family properties. • They are a bit complex, but we tried to tailor the regulations for a range of circumstances rather than have "one size fits all" regulations. • We are implementing Comprehensive Plan tree canopy goal for the City — this chapter affects primarily single family properties, whereas the landscaping regulations that the PC reviewed and recommended to the Council address commercial, industrial and multi -family tree canopy through landscaping requirements. • They also have at their desks a chart for the City's tree canopy assessment that shows the amount of canopy for each zoning district. Single family land comprises 33.3% of the zoned land in the City and 59.4% of the tree canopy City-wide. • Once the City Council adopts new tree regulations, then DCD will be denhandouts for educational purposes. • Have prepared a summary of the items to consider during their deliberations to make sure that we don't miss anything— also at their desk. This includes some staff suggested changes. Draft Tree Regulations Highlights Tree Permit Required: • Work in Critical Root Zone L.0(oistA' Papt t— v' tAiy-y_ f 4 - • Pruning a Heritage Tree more than 20% of existing crown • For removal of trees over 8" in diameter • For the removal of more than the # of trees allotted in a 36 month period (Table A, pag.19) • Illegal removal of trees Tree Replacement Required: • When # of trees proposed for removal exceeds the number permitted in Table A - note that moved away from required a certain # of trees based on size (DBH) but rather replacement is linked to the amount of tree canopy lost. Different from how SAO or shoreline regulations address tree replacement • For trees removed or significantly damaged during construction project, such as streets & utilities (18.54.060 E) `;'USA�- • For violations of this Chapter **Replacement not required for trees damaged due to disasters, hazard trees or dead trees Arborist Report Required: Removal of Heritage Tree Development on site with a Heritage Tree For proposed development, an assessment of trees to be retained to ensure tree health and viability for retention GQvtdwt--) P PROPOSED REVISIONS TO DRAFT TREE REGULATIONS COMMENTING PARTY REQUEST PACKET PAGE # Planning Commission Revisions requested at 12/14/17 PC meeting Detailed on pages 6-7 Public Works Two requested revisions to TMC 18.54.030 C, Exernptions: 1. Add language to 18.54.030 C.3.and, 2. add a new exemption to 18.54.030 C. 17 Vern Meryhew 1. Typo correction to 18.06, Dripline 2. Addition to Qualified Tree Professional definition 3. Significant Tree definition — increase to 6" 10 12 13 Vanessa and Greg Zaputil Comments/Questions about the draft tree regulations • Staff will respond to each comment after hearing. 62-64 Vanessa and Greg Zaputil Request for cost estimates 1-24-18 Comments Staff Requests Replace references to ISA Certified Arborist with "Qualified Tree Professional TMC 18.54.040 A. 3.: Clarify professional review language to read: 3.Professional review or recommendation. In certain circumstances the director may require professional review orb recommendation. This assessment prepared by a Qualified Tree Professional should address the following: Six references to ISA Certified Arborist throughout draft tree regulations (pages 18, 22, (` 29, 31 and 32) 18 23 to clarify when replacement trees are required. 18.54.080 A.: Each existing Significant Tree removed, above the number allowed in Table A, including.... 18.54.080 B: Add a new sentence at the end: Trees determined to be defective by the City or a Qualified Tree Professional, are not required to be replaced. Off' Pg. 23 0V-' City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director CHAIR, NHAN NGUYEN; VICE -CHAIR, DENNIS MARTINEZ; COMMISSIONERS, MIGUEL MAESTAS, SHARON MANN, MIKE HANSEN, LOUISE STRANDER AND HEIDI WATTERS PLANNING COMMISSION PUBLIC HEARING AGENDA JANUARY 25, 2018 - 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS I. CALL THE MEETING TO ORDER II. ATTENDANCE III. ADOPTION OF 12-14-17 MINUTES IV. CASE NUMBER: L 17-0077 APPLICANT: City of Tukwila, Dept. of Community Development REQUEST: Revise TMC 18.54, Tree Regulations, to address Comprehensive Plan urban forestry goals and polices and revise TMC 18.06, Definitions, to incorporate urban forestry terms and revise landscaping terminology. LOCATION: City-wide V. DIRECTOR'S REPORT --ct)' t,ti'0111G-7 — 11 J� . irP1,- 44 1/1161 Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Sample motions for Action on a Land L se Permit To act in agreement with the recommendations and conditions (if any) in the staff report: I move to approve (with conditions)/deny project number LXX-XXX based on the findings and conclusions (and conditions) contained in the staff report dated Month, Day Year. To act in agreement with the recommendations in the staff report but to add/modify/delete any condition or finding, first make a motion to address the specific issue (condition or finding), then deliberate and vote on the revised condition language (and findings if necessary): I make a motion to amend the findings contained in the staff report page XX to (read as follows, add an additional sentence) based on the testimony provided during the hearing and/or provide other reason for the proposed change. I make a motion to amend condition X contained in the staff report page XX to read as follows based on the testimony provided at the meeting and/or provide other reason for the proposed change. I make a motion to delete condition X contained in the staff report page XX (based on the testimony provided during the hearing, or provide other reason for the proposed change such as it is not necessary to comply with the decision criteria, etc.). I make a motion to add a new condition as follows (based on the testimony provided during the hearing and/or state the reasons for the new condition and how it relates to the decision criteria). Then the final motion at the end of deliberations and discussions should be: I move to approve project number LXX-XXX based on the findings and conclusions contained in the staff report dated Month, Day Year as amended during the PC/BAR deliberations. To act against the recommendations in the staff report: I move to remand the project back to staff to prepare revised findings and conclusions for project number LXX- XXX based on the testimony provided and the findings of the PC/BAR and postpone the issue until (date certain). Or: I move to approve (with conditions)/deny project number LXX-XXX based on the testimony provided during the hearing and the findings of the PC/BAR. Sample Motions for Action on a Legislative Item To forward a policy document unchanged to the City Council: I make a motion to forward Document XX dated Month, Day Year to the City Council. To amend a policy document under review: I make a motion to amend the (text, policy, recommendation) in Document XX page XX to (read as follows, add an additional sentence, etc.) To forward an amended policy document to the City Council: I make a motion to forward Document XX dated Month, Day Year as amended by the PC to the City Council. W:\Admin (Wynetta)\Planning Commission - Wynetta\Sample Motions.docanning\olanning Comm;. sion\Sarnp e M tion. doc City of Tukwila Allan Ekberg, Mayor Department : f Community Development - „lack Pace. Director CHAIR, NHAN NGUYEN; VICE -CHAIR, DENNIS MARTINEZ; COMMISSIONERS, MIGUEL MAESTAS, SHARON MANN, MIKE HANSEN, LOUISE STRANDER AND HEIDI WATTERS PLANNING COMNIISSION PUBLIC HEARING AGENDA JANUARY 25, 2018 - 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS I. CALL THE MEETING TO ORDER II. ATTENDANCE III. ADOPTION OF 12-14-17 MINUTES IV. CASE NUMBER: L17-0077 APPLICANT: City of Tukwila, Dept. of Community Development REQUEST: Revise TMC 18.54, Tree Regulations, to address Comprehensive Plan urban forestry goals and polices and revise TMC 18.06, Definitions, to incorporate urban forestry terms and revise landscaping terminology. LOCATION: City-wide V. DIRECTOR'S REPORT Sample motions on the back Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaW.A.gav Sample Motions for Action on a Land Use Permit To act in agreement with the recommendations and conditions (if any) in the staff report: I move to approve (with conditions)/deny project number LXX-XXX based on the findings and conclusions (and conditions) contained in the staff report dated Month, Day Year. To act in agreement with the recommendations in the staff report but to add/modify/delete any condition or finding, first make a motion to address the specific issue (condition or finding), then deliberate and vote on the revised condition language (and findings if necessary): I make a motion to amend the findings contained in the staff report page XX to (read as follows, add an additional sentence) based on the testimony provided during the hearing and/or provide other reason for the proposed change. I make a motion to amend condition X contained in the staff report page XX to read as follows based on the testimony provided at the meeting and/or provide other reason for the proposed change. I make a motion to delete condition X contained in the staff report page XX (based on the testimony provided during the hearing, or provide other reason for the proposed change such as it is not necessary to comply with the decision criteria, etc.). I make a motion to add a new condition as follows (based on the testimony provided during the hearing and/or state the reasons for the new condition and how it relates to the decision criteria). Then the final motion at the end of deliberations and discussions should be: I move to approve project number LXX-XXX based on the findings and conclusions contained in the staff report dated Month, Day Year as amended during the PC/BAR deliberations. To act against the recommendations in the staff report: I move to remand the project back to staff to prepare revised findings and conclusions for project number LXX- XXX based on the testimony provided and the findings of the PC/BAR and postpone the issue until (date certain). Or: I move to approve (with conditions)/deny project number LXX-XXX based on the testimony provided during the hearing and the findings of the PC/BAR. Sample Motions for Action on a Legislative Item To forward a policy document unchanged to the City Council: I make a motion to forward Document XX dated Month, Day Year to the City Council. To amend a policy document under review: I make a motion to amend the (text, policy, recommendation) in Document XX page XX to (read as follows, add an additional sentence, etc.) To forward an amended policy document to the City Council: I make a motion to forward Document XX dated Month, Day Year as amended by the PC to the City Council. W:\Admin (Wynetta)\Planning Commission - Wynetta\Sample Motions.docW.\P,annirig\Plunning Comm ssi ~n\Sample Metion doe City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila Planning Commission FROM: Carol Lumb, Senior Planner Andrea Cummins, Urban Environmentalist DATE: January 17, 2018 SUBJECT: January 25, 2018 Public Hearing on TMC 18.54, Tree Regulations and TMC 18.06, Definitions The public hearing on revisions to the City's tree regulations and Zoning Code definitions, originally scheduled for January 11, 2018, was postponed to January 25th due to a lack of a quorum. We hope that those of you who were ill are feeling much better by now. We received two comments from the public just prior to the January 11th meeting that are attached for your review: Attachment I - verbal comments from Vern Meryhew, which were transcribed by staff for your consideration; and Attachment J - emailed comments from Vanessa and Greg Zaputil. Please note these two items have been labeled so as to follow the last labeled Attachment in your January 11th packet and have been added at the end of the January 11th materials that follow this memo. If you have any questions, or would like to schedule time with staff to discuss the draft regulations, please let us know. You can contact me at 206-431-3661 or at Carol. Lumb(a7Tukwilawa.gov. ATTACHMENTS I. January 9, 2018 comments from Vern Meryhew J. January 10, 2018 email from from Vanessa and Greg Zaputil with comments attached. CL 1/17/2018 4:18 PM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelDraft Tree Code\Planning Commission\PC Info Memo 1-25-18 Mtg. 2 Date: Time: Location: Present: Absent: Chair, Miguel Maestas; Vice -Chair Nhan Nguyen City of Tukwila Planning Commission PLANNING COMMISSION WORKSESSION MINUTES December 14, 2017 6:30 PM Council Chambers Commissioners Sharon Mann, Mike Hansen, Louise Strander, and Dennis Martinez Staff: Nora Gierloff, Deputy Director, Carol Lumb, Serior-1Flanner; Andrea Cummins, Urban Environmentalist, and Wynetta Bivens,RP aanningCommission Secretary Chair Pro Tem, Sharon Mann called the meeting to order. This work session is a continuance from the 11/16/4(7 work session on the proposed revisions to TMC 18.54, Tree Regulations and revisions to definitions found ' '\TMC 18.06 related.to landscaping, urban forestry and trees. \ \ / / Chair Pro Tem allowed comments from one citizen. Vanessa Zaputil, a citizen, said that the thi d bullet,in_the staff Hein is incorrect, that what is proposed is not the same as what is currentl.v in TM913.54.050,�Perniit Exempt Activities verbiage. She also said adding the.arborist fee repork cost to t e*'permit fees will be a financial burden to the small busin ses owners and residents. She also expressed concern with a property owner not being ableeto re ove a tree: due to cos -which she said is a safety concern. She does not want the situation where people aren 't taking out :trees because fmancial cost and regulatory requirements are too burdensome. _ \ \� Commissioner Mann requested -staff address the citizen's concerns on the permit activities verbiage.Staff saidthe•differenece.in the codes requirement is based on the tree size. There was furtherscussion. `, Commissioner Martinez, expressed concern for long-term residents being on fixed incomes and having the -financial burden to senior citizens. Commissioner Mann requested to note this as a concern. Carol Lumb, Senior Planner, and Andrea Cummins, Urban Environmentalist, Department of Community Development went over the proposed definitions and proposed tree regulations and answered questions. ACTION ITEMS: - Bring back to the Commission, definition of significant tree size compared to other jurisdictions 4 Page 2 Public Hearing Minutes December 14, 2017 - Send information to the Commission on the comparison difference of other Cities for significant tree sizes as soon as possible. Commissioner Hansen noted that the comparison of neighboring Cities is quite important in their discussion and, said he was disappointed that the Commission didn't have the information for this discussion. - Bring back to the Commission, documentation on Tree maintenance in the public right -a -way (page 110) - Provide a chart on significant trees 4" versus 6" - Provide more information from the City Attorney on Injunctive relief REVISIONS: Page 96, nuisance trees — add underground utilities. Page 97 — send significant tree size chart as soon as possible Page 103, D. change wording to match chart on page 104— no arborist report for trees greater than 18" - Page 106 clean up verbiage, paragraph D, nuisance tree. Page 108, if tree is damaged by an act of nature, it is not required to be replaced (see page 110 18.54.110 C. for language) Page 110, D. top of page, need more information about liability Page 118, Injunctive Relief — "threatening to violate" —need information about this phrase. DIRECTOR'S REPORT: Commissioner Nguyen will"be the chair for2018, and Commissioner Martinez, Vice -Chair. Heidi Wafters the new Planning Commissioner will go to City Council for confirmation on January 2, 2018. Overview ofthe 2018 Planning Commission>schedule. Staff asked how they could help the Commission the princess to go smoothly,nextin 2018. PC Responses: - Provide packets -with completed work on the project before coming to PC. - Have representatives from the Police or Fire department present when Variances, parking, or set -backs are being considered. - Commitment, for enforcement regarding the decisions PC make. - Better outreach to citizens regarding projects in their neighborhood. Staff gave an overview of the upcoming schedule of items to come to PC. Staff thanked the Commission for all their work in 2017. Adjourned: 9:15 PM Submitted by: Wynetta Bivens Planning Commission Secretary 5 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila Planning Commission FROM: Carol Lumb, Senior Planner Andrea Cummins, Urban Environmentalist DATE: December 28, 2017 SUBJECT: January 11, 2018 Public Hearing on TMC 18.54, Tree Regulations and TMC 18.06, Definitions On January 11, 2018, the Planning Commission will hold a public hearing on revisions to the City's tree regulations, found in TMC 18.54, and Zoning Code definitions found in TMC 18.06. The following changes have been made to the draft regulations, based on Planning Commission direction to -date (these changes are also highlighted in yellow in the draft regulations): 1. TMC 18.06 Definitions: • Nuisance Tree definition has been revised to add "underground utilities". el. it 2. TMC 18.54, Tree Regulations: a. 18.54.0 0 D. "Exceptional Tree" deleted from requirement to provide an fn1 Irk arboris 's report. b. 18.54.040 A. spell out "CRZ": Critical Root Zone. c. 18.54.040 Table A — Arborist report not required for trees 18 inches or — greater in diameter within a 36-month period. d. 18.54.060 D. The Planning Commission requested that the language of the p 2-1 first sentence be revised. Staff suggests the following: If the number of trees to be removed exceeds the permitted amount in a 36- 0\-' month period on a property zoned Low Density Residential and improved with a single-family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC 18.54.080 and Table B. e. 18.54.080 B. new last sentence exempts trees damaged or destroyed due tot 01. 2 3 a natural disaster from replacement. CL 1/4/2018 2:50 PM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelDraft Tree Code\Planning Commission\PC Info Memo 12-28-17 6 Informational Memo Planning Commission 1-11-18 Pubic Hearing Page 2 f. 18.54.100 D. The Planning Commissiion expressed concerns about possible liability from trees planted in the right-of-way. Staff has requested guidance from the City Attorney and Public Works on this issue. g. 18.54.210 B. The Planning Commission requested clarification about requesting injunctive relief on the basis on someone threatening to violate the tree regulations. Staff has researched the question and has the following information: Typically, a request for injunctive relief must be authorized by the City Council, which can be time consuming as an item must be scheduled on the Council's meeting calendar. The language in this subsection would permit the Director of the Department to initiate legal proceedings in the event of an emergency, which would save time. This language is in the current TMC 18.54 and is proposed to carry forward into the draft going to the City Council. Attachment F is a memo from Assistant City Attorney Ann Marie Soto responding to questions about liability and Attachment G is information from Robin Tischmak, Acting Public Works Director, and City Engineer, regarding trees in the right-of-way and also requesting two changes to the draft tree regulations. DCD staff are in agreement with the requested changes from Public Works to the draft tree regulations. RECOMMENDATION Conduct the public hearing on the proposed revisions to TMC 18.06 and TMC 18.54, deliberate and make a recommendation to the City Council. ATTACHMENTS A. Draft revisions to Definitions, TMC 18.06 in strikeout/underline format showing staff proposed changes, Advisory Committee and Planning Commission revisions. B. Draft revisions to TMC 18.54, Tree Regullations, with the staff proposed changes accepted, Advisory Committee and Planning Commission revisions shown in strikeout/underline. C. Comprehensive Plan Urban Forestry Goals and Policies. D. Current TMC 18.54. E. Staff Report on land use file L17-0077, Revisions to TMC 18.06 and TMC 18.54 F. Memo from Ann Marie Soto, Assistant City Attorney G. Email from Robin Tischmak, Acting Public Works Director H. Significant Tree Comparison Chart. CL 1/4/2018 2:50 PM YrSharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Draft Tree CodelPlanning Commission\PC Info Memo 12-28-17 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Note: New text is shown as underlined text; text proposed for deletion is shown in strikeout. This list of definitions includes existing definitions as well as proposed new definitions related to trees and landscaping. ######### At -Risk Tree "At -Risk Tree" meansla tree that is exposed to potential damage but can be retained during, construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. 18.06.125 ICa[ipedr "Caliper" means the mericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six6-inches above the ground for up to and including four -inch caliper size trees and 12 inches above ground for larger size trees.) 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. 18.06.135 Canopy 'Coven "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a the site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City's Recommended Tree List. 18.06-140 Certified Arborist: "Certified Arborist"-, see "Qualified Tree Professional" CL Page 1 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL1]: This is a new definition from Lake Forest Park with revisions proposed by staff. Commented [CL2]: Current definition with revisions from Kirkland definition. Commented [CL3]: "AmericanHort" is the professional association formerly known as the American Nursery and Landscape Association, which merged with the Association of Horticultural Professionals to become AmericanHort. Commented [CL4]: This definition applies to nursery stock for new trees being planted and is distinguished from measuring diameter of existing trees. Existing trees are measured 4.5 feet from the ground, which is also referred to as "Diameter at Breast Height — DBH". Commented [CL5]: Current definition with additions from Lake Forest Park. Attachment A 8 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.145 IClearingl Commented [CL6]: No change proposed. "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. Critical Root konel "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a qualified professional (example: a 24-inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter). Crown Commented [CL7]: Lake Forest Park We propose using this term rather than "Essential Root Zone" "Crown" means the area of a tree containing leaf- or needle -bearing branches Commented [CL8J: ISA source of definition Dead ITreel Commented [CL9]: Lake Forest Park. "Dead Tree" means a tree with no live crown and no functioning vascular tissue. 18.06.199 Defective 'Tree' "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and 3. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. Diameter at Breast Heightl(DBH) "Diameter at Breast Height (DBH)" means the diameter of existing Trees measured four and one-half feet above the ground. CL Page 2 of 8 W:\SharePoint\\Long Range Projects \2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL10]: This definition was added when the landscaping code was revised in March, 2017. Commented [CL11]: Lake Forest Park 9 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions �ripi[nej �� "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's cro or six-foot radius from the trunk of the tree, whichever is greaterThis from Lake Forest Park) beyen►d-the epy. Exceptional Tree Commented [C1.12]: From Kirkland and Lake Forest Park ) Commented [CL13]: Proposed using the term "Critical Root Zone" rather than this term. Si``ej T 4171 10; I .1 tt» 7 7 "Exceptional Tree" means a tree that is at least inches in dia re-r4 BH). For trees with two stems, if the stems have a combined total diameter of at le t 24 inches, the tree shall be considered an Exceptional Tree. For trees with three or more ste s if the three largest stems have a combined total diameter of at least 1824 inches, the tree shall be considered an Exceptional Tree. 18.06.380 Groundcover "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface Hazardous Tree See "Defective [freef'. Heritage ITreel or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Invasive Plant and Tree List "Invasive Plant and Tree List" means the City list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights -of -way, CL Page 3 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL14]: Size of Exceptional Tree revised by Committee. Commented [CM]: This definition revised when landscaping code revisions were adopted in March, 2017. Commented [CL16]: Issaquah TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Invasive Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco-system. Landscape Design Professional "Landscape Design Professional" means a landscape architect }person licensed by the State of fwashingtonl or an individual who has graduated from an other accredited landscape design programefessionail. actic„ of i. ndscopo architocture a„tncd b y RCW n o 96 non 18.06.490 Landscaping or Landscaped Areas "Landscaping or Landscaped Areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may also serve as bioswales to reduce storm water runoff, subject to the standards of this Chapter and TMC Chapter 14.30. Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. 18.06.586 Native Vegetation "Native vegetation" means vegetation with a genetic origin of Western Washington, Northern Oregon and Southern British Columbia, not including cultivars. Nuisance Tree J "Nuisance Tree" mea U tree that issau#ng ious physical damage to structures, tl)cluding, but not limited to sidewalks; curbs; the surfaces of streets, parking lots,lpiriveways, or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. CL Page 4 of 8 1/2/2018 5:57 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed Commented [AC17]: ISA source for definition. Commented [CL18]: This definition added to reflect new landscape code and text in TMC 18.52 that identifies those individuals who may prepare landscape plans for projects. Commented [CL19]: Propose using "Landscape Design Professional" Commented [CL20]: Amended definition to reflect new landscaping code, which allows bioswales to substitute as landscaped areas if certain criteria are met. 11 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.645 Protected Tree/Protected Vegetation "Protected tree/Protected Vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. 18.06.650 Protection Measure "Protection Measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree gearing Permit. 18.06.651 Protective'Fencing! "Protective Fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is required by ilia Tree Clearing Permit or approved landscaping plan. iPrunind "Pruning" means the cutting or limbing of tree or shrub branches. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". aV1/i' Qualified Tree Professional: an individual who is a certified professional with academic and field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington.borists preparing tree valuations shall have the necessary training and experience to use and apply th appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. Risk "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. Cl Page 5 of 8 W:\5harePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL21]: Current definition, with proposed revisions. Commented [CL22]: New definition, primarily from Portland, with staff additions. Commented [CL23]: Modified from Lake Forest Park Commented [CL24]: Modified from Lake Forest Park with City revisions. 12 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.705 Screening: "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. if - JU^"` 18.06.775 Significant'TreeI! "Significant Tree" means a single-trunked tree which is four-4 inches or more in diameter as measured „d(DBH}grade or a multi-trunked tree with a diameter of two -inches or more on any trunk (such as willows or vine maple). 18.06.777 Significant Vegetation �temovall "Significant Vegetation Removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. Commented [CL251: Revised to reconcile this definition with the definition for a "Significant Tree" in the shoreline jurisdiction. Commented [CL26[: No changes proposed to this definition. Site lDisturbancelj ,---T Commented (CL27): New definition — Kirkland. "Site Disturbance" means any development, construction, or related operation that could alter the subiect property, including, but not limited to, soil compaction including foot traffic, tree or stump removal, road driveway or building construction, installation of utilities, or grading. "Solid -Wanting" mca. sa-planting of evergreen trees and/or shrubs which will prevent a CL Page 6 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [C128]: In searching the code, I do not find the term "Solid Planting" used; TMC 18.52.020 D defines "Type III -Heavy Perimeter Screening", which is essentially a solid planting, so this definition is not needed. 13 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting property1.1 Target or Risk Targe4 "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. Tree Risk Assessment "Tree Risk Assessment" means the systematic process to identify, analyze and evaluate tree risk, prepared in accordance with the latest version of the ISA Best Management Practices Guide by a Qualified Tree Professional. Commented [CL29]: This definition from Kirkland. Street tree is also defined in TMC 11.04.040 483 as "any trees located on any street or public right-of-way". It is not defined in the new TMC 18.52 ordinance. Commented [CL30]: Modified from Lake Forest Park. Tree Risk �Assessori: Commented [CL31]: Modified from Lake Forest Park. "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target and determines options for treatment or mitigation. 18.06.845 f Treel "Tree" means any self-supporting woody plant n3ere characterized by one main trunk, or for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity that is recognized as a Tree in the nursery and arboricultural industries. 18.06.850 Tree RemovalGlearing Permit: "Tree Romov^I Clearing Permit" means a permit issued by the Director authorizing tree elearifig removal activities, or work that may impact the Critical Root Zone', pursuant to the general / permit provisions of this Title. CL Page 7 of 8 W:\SharePoint\\long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL32]: Current definition with revisions from Lake Forest Park. Commented [CL33]: This phrase added by staff to reflect change in permit title by Advisory Committee and the various circumstances that may trigger a Tree Permit. 14 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Tree Removal!: "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: cleaning, cutting, girdling, topping, or causing irreversible damage to roots or stems, destroying the structural integrity of trees through improper pruning, poisoning, or filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system• or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Commented [CL34]: New definition from Lake Forest Park. Toppin4 Commented [CL35]: Revised from Portland "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) "A 300 Pruning Standards" and companion "Best Management Practices for Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. 18.06.860 Understory Vegetation: "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. 18.06.910 Vegetation: "Vegetation" means living trees, shrubs or groundcover plants. Viable tree "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure, is relatively Windfirm if isolated or exposed, and is a species that is suitable for its location and is therefore worthy of long-term retention. Commented [CL36]: Lake Forest Park Windfirm Commented [CL37]: Lake Forest Park "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined that can withstand normal winter storms or surrounding tree removal. CL Page 8 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM 15 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree-Rermval Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria, General 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.170 Heritage Trees and Heritage Groves 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 18.54.010 Purpose' The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Regulatethc pProtectlea-e€existing trees prior to and during developments 2. Establish protections fegaircmcnts for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; Commented tCL1]: New purpose text to reflect adopted Urban €orestry Comprehensive Plan goals and policies. Commented [CL2]: Advisory Committee revisions to Purposes 81 and 2. Attachment B 16 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees 'withinithe City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, C /6er�18.G$� 18.54.030 Tr A. CL Sensitive Areas, and Chapter 18.52, Landscaping. e Removal Permit Required (LFP) Required. 1_A Tree Remeval Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of these Trees within the City, unless the action is exempt from this Chapter. 4-2. A Tree Removal Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown. 3_A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B_Tree Removal on undeveloped lots is prohibited. C. Tree Removal 'Exemptions'. The following activities are exempt from the requirements of this Chapter: 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. Routine lr iaintenancelof trees necessary to maintain the health of cultivated Page 2 of 18 1/2/2018 6:01:06 PM Files\long ange Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and- hown Commented [CL3]: These regulations do not address understory vegetation — just trees. Understory vegetation is regulated in SAO and Shoreline regulations. Commented [CL4]: Committee revision: Name permit "Tree Permit" then have different types: 1. Tree Removal 2.Tree Impact (for work in CRZ) 3. Heritage Tree Removal or Pruning over 20% of existing crown. 4. Exceptional Tree Removal 5.Tree Removal -Utilities Commented [CL5]: Mix of Lake Forest Park and current exemptions in TMC 18.54 Commented [CL6]: From TMC 18.54.050 plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year period Commented [CL7]: Added by Advisory Committee. ■Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree 5. `8.54.030 Tree Permit Required 1 'evise C.3 o include: "routine maintenance within rights -of -way related to Interference, Sight ' Dis ance, Emergencies or Topping as codified in Chapter 11.20 of the TMC." 17 • r Add an exemption for the removal of trees in the right-of-way related to a capital project that has a Ijlandscaping component that includes trees, where there is adequate room in the right-of-way. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree P,ernevaI Permit application within one week of the emergency action and replace the tree(s) if required by this Chapter. the Trcc Permit ^ y be ^ rated to the "t" ityl Additional time to apply for a Tree Permit may be granted at the discretion of the Director D. Tr.... Removal Pcrmitl Arborist Report —All Tree -Removal Permits shall require an ISA Certified Arborist f eportv+ew, unless otherwise stated in this Chapter: cisccpt forthc reuired for t Trees, on a lot z dwelling. An arborist's report is not removal of trees other than Herita:e w Density Residential and improved with a single-family 18.54.040 PERMIT SUBMITTAL REQUIREMENTS Commented [CL8]: Added at the request of Seattle City Light. Commented [CL9]: Committee approved substitute language —avoids the need to define "major storm even", and also there might be other entities besides utilities that would need to use this provision. Commented [COO]: Revised this subsection to require an arborist report, not just an arborist's review. Commented [CL11]: This revision makes the text consistent with a revision the Planning Commission made to Table A, under B. below. A. Permit Application. Prior to any tree removalL—e site clearing, or work within the Critical Root Zone,a Tree Removal Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal ihowingk Commented [CL12]: TMC 18.54.0801. a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal f howingk Commented [CL13]: From TMC 18.54.080 2. a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendationssessment prepared by an ISA Certified Arborist addressing the IfollowinCommented [CL14]: Revised from TMC 18.54.0803. 1 CL - Page 3 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Lore Mange Planning\2016-2017 Landscape & Tree Code\Tre= Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits show 9, iev\ J1l✓e c4u/-w\a.-` „'\O �G v;)NL� f & O✓ ' .mi l== DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if i-equiredi. 4. A photo of the tree(s) to be impacted or removed. 4-.5. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. B. Single Family Tree RemovalFee-RecAevaI-of-Up to Four Trees OF Eess. The removal of 1-4 trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements in Table A belownd possi le tree replacement Information to be submitted as part of a Tree Inventory Survey s a inc luude t ei� following: 1_Sit„ plan with the trcc(c) be r ,.d idcntificd the trc. nd 2. Number and size of trees to be removed. 3. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure. 4. Photos of the tree(s) to be removed; 5_The method of removal and identification of contractor; and 6. Time schedule of tree removal. Table A Single Family Tree Removal Requirements Trees (DBH) # of Trees in 36 Month Tree Permit? Arborist Report? Period that can be Removed 4-8" 4 Tree Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18-24" 1 Yes Ycs No 44'L I Yes 1Fe5 CL Page 4 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL15]: New text. 2.4 -g a Mk' Commented [C1.16]: Permit application should also suggest that applicant call 811 for a utility locate to ensure no underground utilities will be impacted by tree removal. Commented [CM]: The Committee wanted to tie the number of trees that can be removed from single family zoned properties improved with a dwelling to the size of the trees being removed. The larger the tree removed, the fewer that can be taken out in a 36 month period. Commented [CL18]: Planning Commission revision to not require an arborist's report for Exceptional tree removal. 19 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions See Table B for the number of replacement trees required, if any. A: C. Permit Materials hAlaiverl Commented [CL19]: From existing TMC 18.54.090 The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application �ee) Fee required: A Tree Removal Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. 18.54.050 Permit Approval Criteria, General. 4 All Tree Removal Permit applications shall meet the criteria outlined below for approval. € A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. ♦}B. Tree protection will be implemented as required in TMC 18.54.070. &C. Tree replacement will be implemented as required in TMC 18.54.080. &D. Tree replacement funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. 6 E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of CL Page 5 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown / Commented [CL20]: Modified from existing TMC 18.54.100 Commented [CL21]: Revised and moved to Permit Approval Criteria section. Commented [CL22]: Replaced with proposed text below. Commented [CL23]: The topic of tree retention is currently found in TMC 18.54.130 1. and is proposed to be replaced with the text below. 20 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees B. Topping of trees is prohibited and considered removal,. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to L]ow with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target; or, d. Extreme risk.[ 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures and potential for root or canopy interference with utilities. OD. Where permitted, removal of Exceptional or Significant trees on a property zoned )_owl Density Residential and improved with a single-family dwelling beyond the up to four trees permitted within a 36-month period shall be replaced pursuant to the tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the loss of the vcgetatiorr as a result of the tree removal. L— Rotcntion and Replacement of Co..opy CoveF On u ndcvolopod sites o sites with. encc Commented [AC24]: From 18.44.080 B.1. Commented [AC25]: From Lake Forest Park Commented [CL26]: The Planning Commission requested that the language in D. be revised to be clearer. Staff proposes the following: 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 with a single-family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC 18.54.080, and Table B. Commented [CL27]: Should be trees not vegetation, as iriordinato rolotive «o the p « «hc Director ... allow thethe «reo this Chapter does not address vegetation retention. trees. Canopy cover of c\ach new tree shall be calculated based on the canopy eevef-ffem44e-C4W-s-pr-ef-eFFeel4Fee-i447 €-E_Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off - site tree replacement as required by this Chapter. G F_A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. 1 Commented [CL28]: Subsection E. is from existing code, TMC 18.54.140 B. ft was deleted by the Committee as eliminating this option will provide site specific tree inventory information when development is proposed. G. The IDepartmenshall conduct a tree canopy assessment every five years from the date Commented [CL29]: Added by the Committee to make of the adoption of this Chapter to ensure that the tree canopy goals of the Comprehensive Plan are being met. CL Page 6 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016.2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown sure we are monitoring tree canopy percentages over time. 21 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 18.54.070 Tree Protection tandardsl All treesvegetatien not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third-partyAtt arborist ^ed_to review long-term viability of the tree. C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the view physical -barriers shall be based on the approximate age of the tree (height and canopy) as 'ollowsk Commented [CL32]: From ISA standards 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE - THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54.190." G. All tree protection measures &hail-beinstalled awl shall be inspected by the City, and if deemed necessary, a Qualified Tree Professional, prior to beginning construction or earth novingl H. Any branches or limbs that are outside of the CRZ-and-might-be damaged by machinery, shall be pruned prior to construction by -SA Certifie.. Arr •, No construction personnel shall prune affected limbs except under th- d rect supervision of alt(I-SA Certified A4rboristi. Commented [CL34]: The Committee discussed when or if to allow construction personnel to prune affected tree limbs. Commented [CL30]: Title of section revised from current code Commented [CL31]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as the tree protection criteria to be followed. Commented [CL33]: Modified from TMC 18.54.160 8. I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. CL Page 7 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown uG,f t,(,L -4 1Tre & PA ,t, 22 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 eetj of the CRZ shall be approved by the City prior to implementation. L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection shall be conducted by the City iced to finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 18.54.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum Irequirementsk (tb00_ .--Ca. (VA/1v ALL' VA a !i ,a A. Each existing Significant Tree removedNincluding removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Replacement Fund. B. Tree Replacement Ratios: Table BA below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties' zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36 month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms hail ice or snow storms, and earthquakes, are not required to be replaced C. The property owner is reired to ensure the viability and long-term health of trees planted for replacement thro gh proper care and maintenance for the life of the site's improvement(s)preject: Repla -d trees that do not survive must be replanted in the next appropriate season for planting. sIf all required replacement trees annot be accommodated reasonably on the site, the applicant shall pay into the Ttree R : placement Ffund. The fee shall be based on the value of the replacement trees and the it delivery, labor for site preparation and plant installation, soil amendment, mulc and maintenance costs for three years. In some CL Page 8 of W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tre Committee edits shown 8 1/2/2018 6:01:06 PM Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and- �f1LT 116114 vhrvl .1'o 1 Commented [CL3S]: Confirm with PW — is this a reasonable distance Staff have confirmed with the Acting Public Works Director that this language is OK. Commented [C136]: Existing code, TMC 18.54.130 3. with revisions as noted. Commented [CL37]: This language added by the Planning Commission — similar to language in 18.54.110 C., below ram- ,° ( I`' 23 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. TABLE BA: Tree Replacement Requirements 4 6 inchc. (angle..,..) Ovcr 6 8 inchea 4 Over 28-irenes Amount of Mature Tree Equivalent Stature Tree Number of Replacement Canopy Removed Trees Up to 500 sq. ft. Small Canopy Tree 1 501-1000 sq. ft. Medium Canopy Tree 2 >1001 sq. ft. Large Canopy Tree 3 E7D. Tree replacement shall also meet the standards in TMC 18.54.160. 18.54.090 Tree lRelocationl Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table BA cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen ltreeI, 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. CL Page 9 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL38]: We have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL39]: Committee direction is to look at other ways to establish the number of trees required for replacement — perhaps tie to the amount of canopy proposed replacement tree would provide. Commented [CL40]: When removal of a tree is proposed, the number of trees required for replacement will be based sn what the mature tree canopy of the removed tree would have been, not the current tree canopy provided. Commented [CL41]: Moved from TMC 18.54.130 5. to here. Commented [CL42]: Committee also added "installing" but that is covered in #2 below. 24 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree Replacement funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, pursuant to TMC 18.541160 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Removal Permit, subject to the following provision: A. Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance lAssurancel. Where replacement trees are required, the applicant may be required to post a onet4ee-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one- year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. CL Page 10 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL43]: Need to confirm with Public Works. Commented [CL44R43]: Public Works OK with this language. Commented [CL45]: Planning Commission expressed concerns about this section based on questions about liability for damage or injury from a street tree. Commented [CL46]: Revised from TMC 18.54,120 Commented [CL47]: Added by the Committee. Commented [C1.48]: During the Advisory Committee's review, the question was radsed on how to ensure the trees survive once the property is sold and the homeowner takes over maintenance. The last sentence of B. (highlighted) attempts to address this concern. 25 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and. Environment Advisory Committee Revisions D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be redeemed enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 18.54.120 Pability+ A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Remeval-g Permit, be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Remeval Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. lThel applicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.130 Permit Processing and purationl A. All Tree Rerneval Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. CL Page 11 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL491: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. Commented [CL5O]: Moved from Permit Conformance section 18.54.160 C. Commented [CL51 ]: Existing text — moved from 18.54.150. 26 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions B. If the Tree Removal Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree Removal Permits expire one year after the date the permit is issued. 18.54.140 Permit lExceptionsl A. Exception Procedures An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the City. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria 1. The Director may grant exceptions from the requirements of this Chapter when undue hardship may be created by strict compliance with the provisions of this Chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Chapter. 2. An exception to this Chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed treevegetatior} removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception Commented [C1.52]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. Commented [CL53]: Added by the Advisory Committee. ) request by a third party Qualified Tree Professional at the expense of the Iapplicanti. Commented [CL54]: Staff suggested addition. 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. CL Page 12 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 27 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 18.54.160 Soil Preparation, Plant Material and Maintenance !Standards' Commented [CM]: New section A. Soil Preparation 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a kiepth f Commented [CL56]: A.1. And 2. Modified from TMC of 12 inches throughout the planting area. 18.52, landscaping regulations. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs including but not limited to: l Commented [CL57]: From TMC 18.52.070, landscaping a._Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material 6tandardsl 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). Thor. must bo o diversity of ♦roe and shrub .onus and spocios in the sit 1 ...J 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. f CL Page 13 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown regulations. Commented [CL58]: Text in this section adapted from TMC 18.52.060 Commented [CL59]: Accidental carry-over from Landscaping Chapter. 28 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. lvVherelthere are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter mended'. No more than 25% of the tree canopy shall be pruned in any two-year period except for fruit trees; thatwhic-14 are being pruned to increase harvestbotentiafil. 2. 'All' protected and replacement trees and vegetation shown in approved Tree Removal Clcoring Permit materials shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clwring Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA Ceertified Arborist IJtiiitic1 iaiist or performed by the utility provider under the direction of an ISA Ceertified Arborist ut^^^1," t The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Tree And Herita e Groves A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. B. Designation Criteria: A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or CL Page 14 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL60]: From TMC 18.52.060 8.4 Commented [CL61]: Modified from 18.52.080 C. Commented [CL62]: Added by Committee to allow more aggressive pruning of fruit trees, if needed. Commented [CL63]: From TMC 18.54.160 D. Commented [CL64]: Deleted at suggestion of Seattle City Light (SCL) as contractors carrying out pruning have an ISA Certified Arborist on -site however not always with the Utilities Specialist qualifications. The SCL supervisor is typically a Utilities Specialist — this person would have discussed the pruning project ahead of time with the pruning contractor. Commented [CL65]: New section Commented [CL66]: Heritage Grove added to this section as criteria for designation were similar to those to designate a Heritage Tree. 29 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. fetlewing criteFie- are distinctive either due to size, shape, species or age; or r�s�o��c� ch as trees locato.l along stro ... bank. r trees lee teed along ridgo 8 C. Heritage Tree Development Review 1. When development is proposed for property that contains a Heritage Tree, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a guali€ied-arberilt Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subiect property or an affected adiacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. CL Page 15 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL67]: The rest of this section is from the City of Vancouver, Washington's heritage tree regulations. 30 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 4. Removal of as Hoge Tree. No person may cut or remove a Heritage Tree without approval of e 22 ermit. The Tree Removal Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown shall apply for a Tree Removal permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 i/iolationsl A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. CL Page 16 of 18 1/2/2018 6:01:06 PM W:\\5harepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [C168]: From landscaping Chapter, TMC 18.52.110. 31 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person lNho_,i Commented [CL69]: From landscaping Chapter fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2_Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to thre times -the -marketable value of / Commented [CL70]: RCW 64.12.030 allows treble each tree removed or damaged as determined by ISA certified arborist.> damages, not four. -2,3. Any fines paid as a result of violations of this Chapter-strall1ie a ocated as follows: 75% paid into the City's Tree Replacement Fund, 25% into the General Fund. 3,4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 4.5_Penalties are in addition to the restoration of removed plant -aerials -trees through the remedial measures listed in TMC Section 18.54.200. 5,6_It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial IMeasuresl. In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Tree Reaaeval Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table AA C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapterf—awd-appIiealale_,-- Title. E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. CL Page 17 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL71]: Remedial Measures from TMC 18.52.180, Enforcement and moved to be its own subsection. Items A and B are new; items C.— F. are existing text moved from TMC 18.54.180 D. Commented [CL72]: Revisions to TMC 18.45, the sensitive area regulations, will occur in 2018 and remedial measures for sensitive areas will be addressed there. 32 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. 18.54.210 nforcementl A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this Chapter to ensure compliance with, and/or remedy a violation of this Chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Removal Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Remeval Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Removal Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Iniunctive relief.) Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Chapter or arty provision of an approved Tree Removal Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Removal Permit or this Chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of Tree Removal Permit issuance to ensure compliance with this Chapter. The permit process is complete upon final approval by the Director. CL Page 18 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape &Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL73]: Existing text from TMC 18.54 that reflects revisions to the Enforcement section. Commented [CL74]: Planning Commission requested additional information on the "threatening to violate' portion of this subsection. Staff research follows: This sentence would permit the Director of the Department to take action to initiate legal proceedings — usually the normal course of action is to take the issue to the City Council to obtain their authorization to initiate legal proceedings. This can be more time consuming in the face of an emergency than the Director being authorized to take action. This language is in the current TMC 18.54 and is proposed to carry forward into the draft going to the City Council. 33 Urban Forestry POLICIES 4.12.1 Develop a formal urban forest management plan to promote and guide preservation, restoration and maintenance of a sustainable urban forest, using the goals and policies of this chapter as a basis for guidance. 4.12.2 Ensure that the benefits of trees are factored into site design and permit decisions. 4.12.3 Ensure that regulations recognize that larger trees provide more benefits than small trees. 4.12.4 Seek to create and fund an urban forester/municipal arborist position within the City, or contract for such services, to provide expertise for urban forest management planning, oversight of tree planting and maintenance, and assistance to all City departments that have responsibilities for tree management. 4.12.5 Educate the public, elected officials and City staff about the importance of and benefits provided by trees in Tukwila. 4.12.6 Develop tree valuation methods to reflect the value trees provide, for use in assessing fines, determining damages or estimating Toss of tree benefits. 4.12.7 Identify funding sources to support urban forestry planning and management, and establish an urban forestry budget and account. 4.12.8 Consider developing an "exceptional"or"heritage"tree program to foster tree appreciation in the community. 4.12.9 Encourage public involvement in urban forest stewardship through volunteer events, free training workshops, and other means. Attachment C TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-22 34 3verall Crty-'wide true canopy increased to a total of29% by203:.: anopy cover rn individualzonrng categories increased by 2034 as Irstedbe Light Industrial zones 3 % increase from 20, to achieve 23 % cover Heavy lr dustrial zones ; l % increase from 9% trr achieve 1 %cover Tukwia Urban Centers nd Tukwila South 596 increase frog» 13R' to ac Office turd corn trerciaf 3% increase. from 2 % to achieve 32 f c rier Parks 59+ increase from 38% to achieve 4 ' 6 cover hts o -1 ay .lr►crease canopy coverage through street tre° , Specific canopy goal tobe established based on future assessment. fo net loss of ca'nopy`cover n rndiv dualzomng categories, as listed below: Low -Density Res dential Maintain current City-wide canopy coverage of 47 % Llediun, and4116,Densityand Re rdentrai Maintain current City wide coverage of4n POLICIES 4.13.1 Promote tree retention throughout the City by: Nye'18% co: • implementing educational programs for property owners and managers regarding tree selection and care, applicable regulations, selecting a qualified arborist, and other issues; • except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; • promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and • requiring financial assurances for required tree replanting and maintenance. 4.13.2 Improve retention of trees on steep slopes. * NOTE: Some public rights -of -way (such as WSDOT's) are not included in the total City-wide canopy calculation. Rights -of -way adjacent to public streets (i.e., where street trees would be planted) are included in each zoning category. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-23 35 I ATURAt. Er vIROIVM 4.13.3 Continue to protect trees in sensitive areas and the shoreline through relevant regulations. 4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies than the removed tree(s), except where existing or future infrastructure and/or public or private utilities impede the planting of large trees. 4.13.5 Develop mechanisms for protecting tree roots for public and private surface and underground infrastructure installation, including - in some cases - requiring the presence of a certified arborist when working in the critical root zone; replacement of trees where damage is unavoidable; and either requiring replanting or payment into a tree replacement fund as compensation, if planting on -site is not feasible. Establish reasonable procedures to ensure consideration of tree root protection during routine or emergency maintenance of existing utilities, and provide training to City and other public utility maintenance staff on root protection techniques. 4.13.E Establish criteria for requiring professional assessment and corrective actions by property owners who damage code -required landscaping, street trees, or other required trees by topping, poor pruning practices or root disturbance. 4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on a site, establish procedures for off -site planting of replacement trees or payment into a dedicated tree replacement fund. 4.13.8 Develop tree planting and urban forest rehabilitation programs for City parks and other publicly -owned lands. Collaborate with other agencies, such as Washington's Department of Transportation, to promote planting in highway interchanges and other locations. 4.13.9 Collaborate with other government, non-profit organization, school and private sector entities, to promote urban forest management and restoration. 4.13.10 Provide flexibility in the landscape code to promote increased tree planting and/or planting of large canopy trees, and reward the preservation of existing healthy trees to assist in meeting the City's canopy goals. 4.13,11 Evaluate current parking lot landscape requirements to identify opportunities to increase tree canopy. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-24 36 GOAL 4.14 Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban forest is healthy, diverse, and safe. POLICIES 4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 4.14.2 Develop maintenance plans and programs for trees on City property or rights -of -way to ensure that maintenance pruning is properly carried out, that diseases and pest infestations are managed, that hazardous trees are identified and managed in a timely manner to reduce risks, and that invasive vegetation is properly managed. 4.14.3 Modify landscape code, and educate property owners, property managers, landscape maintenance companies and tree companies to promote best practices for soil preparation, planting techniques, pruning, trenching and general tree care. 4.14.4 Ensure that landscaping and replacement trees in new development or re -development are properly cared for and thrive in perpetuity, through such means as maintenance agreements, monitoring and enforcement. 4.14.5 Develop a mechanism to ensure that tree removal and maintenance companies have the necessary qualifications and liability insurance to work in Tukwila. 4.14.6 Modify landscape code to require diversity of tree species in landscape plantings and consideration of species already present in the vicinity. 4.14.7 Establish minimum standards and landscape specifications to ensure long-term tree health for street trees, required landscape trees and required replacement trees, including minimum soil volume, soil quality, plant quality, planting techniques, irrigation, mulching, tree pruning, and prohibition of topping. 4.14.8 Develop an approved/recommended tree list for street trees, landscape perimeter plant- ing and parking lots that recognizes the importance of the concept of "right tree, right place, taking into account available planting space and infrastructure/utility conflicts, and that considers the importance of species diversity, climate conditions, canopy coverage goals, allergy issues, urban wildlife benefits, and tolerance of urban conditions. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-25 37 4.14.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. 4.14.10 Perform vegetation management that is needed in utility rights -of -way that are located in sensitive areas or shoreline areas, in a manner that will maintain, restore or improve the shoreline or sensitive area ecological function. Implementation Strategies — Urban Forestry M Prepare and publish technical specifications for landscape professionals and landscape contractors reflecting best management practices/standards for achieving adequate soil conditions, plant quality specifications, proper planting techniques, proper mulch placement, tree care and pruning, and other relevant information. Prepare and make available technical guidance for homeowners on tree selection, planting, care, pruning, selecting a good arborist, and identifying and controlling invasive plants. E Conduct volunteer activities in parks and other public areas to help carry out urban forest restoration plans, to remove invasive plants and plant native trees and other vegetation. • Create"Adopt an Urban Forest," "Ivy Removal Team," or similar programs, to actively remove invasive plants and promote ongoing stewardship of urban forests in the City's parks and other public areas. W Add an urban forestry page to the City's website that contains information about programs, regulations, technical guidance, finding a certified arborist, and other relevant issues. E Expand the annual Arbor Day celebration to widen public participation; W Evaluate other jurisdiction's heritage tree programs, and reach out to business and resident community to determine interest in a heritage tree program in Tukwila. • Develop mechanisms for monitoring tree canopy growth, removal and replacement — in addition to periodic tree canopy assessments — using GIS and remote sensing methods; • Review and amend, as necessary, SAO and Shoreline regulations to ensure consideration of tree retention, particularly in steep slope areas. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-26 38 • Incorporate requirements in geotechnical studies to ensure evaluation of the role trees play in slope stability. • Develop incentives for increasing retention of trees on steep slopes. Ili Provide ongoing training for City staff from all departments on tree selection, site preparation, proper planting techniques, protection of tree roots during construction activities, proper pruning, and general tree care. la Prepare and publish technical specifications manuals for utility companies and City staff to identify techniques to protect tree roots during installation of public and private surface and underground infrastructure. al Revise City regulations to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions. at Prepare an urban forest inventory for publically-owned trees in the City. It Notify property owners about applicable tree regulations via inclusion of fliers in storm water utility bill, direct mailings, and media announcements. • Improve the frequency of landscape and tree replacement inspections, and increase enforcement. • Develop street tree plans for various parts of the City, taking into account the need for diversity for tree health and urban design issues. li Modify landscape, tree and right-of-way vegetation regulations, including consideration of a point system for landscape requirements, clarification of responsibilities for trees on City ROW, identifying incentive programs, and allowing for fines based on the value of trees damaged or removed. N Develop street tree regulations that prioritize shade over ornamental needs. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-27 39 RELATED INFORMATION Natural Environment Background Report Tukwila Sensitive Areas Map Tukwila Shoreline Master Program WRIA 9 Salmon Habitat Enhancement Plan Abandoned Underground Coal Mine Hazards Assessment Report Tukwila Urban Tree Canopy Assessment Tukwila Municipal Code, Chapter 18.45 TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-28 40 41 TUKWILA MUNICIPAL CODE CHAPTER 18.54 TREE REGULATIONS Sections: 18.54.010 Title 18.54.020 Purpose 18.54.030 Scope 18.54.050 Permit - Exempt Activities 18.54.060 Permit - Mandatory Standards 18.54.070 Permit Required 18.54.080 Permit Application Materials 18.54.090 Waiver to Permit Materials 18.54.100 Permit application fee 18.54.110 Applicant Insurance Required 18.54.120 Applicant Security Required 18.54.130 Permit Approval Criteria 18.54.140 Permit Exceptions 18.54.150 Permit Processing and Duration 18.54.160 Permit Conformance 18.54.170 Violations 18.54.180 Enforcement 18.54.190 Liability 18.54.200 Conflicts with Existing Codes and Ordinances 18.54,010 Title This Ordinance shall be known as the City of Tukwila "Tree Ordinance," and may be so cited. (Ord. 1758 §1 (part), 1995) 18.54,020 Purpose This purpose of this chapter is to: 1. Mitigate certain environmental consequences of land development, and to maintain and improve the quality of Tukwila's urban environment. 2. Promote building and site planning practices that are responsive to the community's natural environment, without preventing reasonable development of land. 3. Regulate clearing of trees and understory vegetation in the City of Tukwila, in order to: a. Maintain and enhance the aesthetic, ecological and economic benefits provided by vegetation, such as: providing wildlife habitat; reducing runoff and soil erosion; reducing air pollution; masking noise; reducing wind speed and urban "wind tunnels"; energy conservation, cooling of urban centers; increasing real property values; enhancing visual and aesthetic qualities of the urban environment. (1) (2) (3) (4) (5) (6) (7) (8) b. Maintain the viability of existing stands of trees and understory vegetation. c. Promote retention of native vegetation in sensitive areas and their buffers, shoreline areas, and wildlife habitat areas. 4. Provide a means to implement the requirements of the Sensitive Areas Overlay District chapter of this title, relative to vegetation removal in sensitive areas and sensitive area buffers. (Ord. 1758 §1 (part), 1995) 18,54.030 Scope This chapter sets forth rules and regulations to control clearing of trees and understory vegetation within the City of Tukwila. (Ord. 1758 §1 (part), 1995) 18.54.050 Permit - Exempt Activities The following activities are exempt from the application of this chapter and do not require a Tree Clearing Permit: 1. Clearing of any vegetation; UNLESS the site on which clearing is to occur is located in a sensitive area, sensitive area buffer, or shoreline zone. 2. On sites within a sensitive area, or sensitive area buffer, or shoreline zone: a. Clearing of up to 4 significant trees on a site currently zoned and developed for single-family residential use within any 36-month period; UNLESS the significant trees to be removed are located within a wetland, watercourse and their associated buffers or within the shoreline zone. b. Clearing of any vegetation located outside a sensitive area, sensitive area buffer or outside the shoreline zone. c. Removal of hazardous trees. d. Routine maintenance of vegetation necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard or threat to public safety per TMC Commercial parking subject to TMC Chapter 18,56, "Off -Street Parking and Loading Regulations." 8.28, Nuisances. e. Vegetation removal necessary to the operation of an established Christmas tree farm or commercial plant nursery. f. Construction and maintenance of streets and utilities within City -approved rights -of -way and easements. (Ord. 1758 §1 (part), 1995) 18.54.060 Permit - Mandatory Standards All removal of significant trees and understory vegetation shall be undertaken in accordance with the mandatory standards specified in this chapter, except as provided in the Waiver to Permit Materials or Exceptions sections of this chapter. (Ord. 1758 §1 (part), 1995) Attachment D Page 18-172 Produced by the City of Tukwila, City Clerk's Offic212 TITLE 18 — ZONING 18.54.070 Permit Required No person shall conduct any clearing of vegetation without first obtaining a Tree Clearing Permit on a form approved by the Director; unless specifically exempted under this chapter. (Ord, 1758 §1 (part), 1995) 18.54.080 Permit Application Materials The following materials are required to obtain a Tree Clearing Permit: 1. Site Plan of the proposal, showing: a, Diameter, species name, location and canopy of existing significant trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all significant trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; d. Limits of any sensitive area and sensitive area buffer, and mean high water mark of the river. 2. Landscape Plan for the proposal, showing: a. Diameter, species name, spacing and location of replacement trees/vegetation to be used to replace vegetation cleared; b. Diameter, species name and location of all significant trees and vegetation to be retained; c. Proposed vegetation protection measures; d. Any other measures proposed to restore the environmental and aesthetic benefits previously provided by on - site vegetation. 3. Professional review or recommendation - Submittal of, or agreement to submit, a review, evaluation, recommendation or plan related to vegetation clearing or replacement prepared by a professional consultant(s), such as a landscape architect, surveyor, or certified arborist. Services may include, but are not limited to: a. Providing a written evaluation of the anticipated effects of proposed construction on the viability of trees on -site; and/or b. Developing plans for, supervising, and/or monitoring implementation of any required tree protection or replacement measures; and/or c. Post -construction site inspection and evaluation. 4. Sensitive area mitigation plan - Identify measures proposed for mitigation of vegetation clearing in a sensitive area and/or its buffer per the Sensitive Areas Overlay District chapter of this title. 5. Time schedule - Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone.. 6. Additional studies and conditions - The Director may require supplemental studies or other documentation, or specify conditions for work, at any stage of the application or project as he/she may deem necessary to ensure the proposal's compliance with the requirements of this chapter, the Shoreline Overlay District chapter or the Sensitive Areas Overlay District chapter of this title, or to protect public or private property. These conditions may include, but are not limited to, hours or seasons within which work may be conducted, or specific work methods, (Ord. 1758 §1(part), 1995) 18.54.090 Waiver to Permit Materials The Director may waive the requirement for any or all plans or permit materials specified in this chapter upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement for permit materials shall not be construed as waiving any other requirements of this or related regulations. (Ord. 1758 §1 (part), 1995) 18.54.100 Permit Application Fee A. Fee required: A non-refundable permit application fee will be collected at the time of submittal of a Tree Clearing Permit application. The application fee will provide for the cost of plan review, administration and management of the permitting process, inspections, and processing of exceptions to standards and appeals pursuant to this chapter. B. Fee: The City shall collect a fee for processing a Tree Clearing Permit per TMC Section 18.88.010, except as otherwise noted in this chapter. C. Fee exception: No fee shall be required for vegetation clearing associated with land -altering activity approved under a Land -Altering Permit. (Ord. 2291, §1, 2010; Ord. 1758 §1(part), 1995) 18.54.110 Applicant Insurance Required A. In addition to any permit materials or conditions specified pursuant to this chapter, if in the opinion of Director the nature of the work is such that it may create a hazard to human life or endanger adjoining property, then the Director may require the applicant to submit a certificate of insurance. B. The certificate must show that the applicant is insured against claims of damages involving personal injuries and property in an amount prescribed by the Director in accordance with the nature of the risks involved and the following minimum amounts: 1. Bodily injury liability: $1 million per occurrence. 2. Property damage liability: $1 million per occurrence. C. All insurance policies obtained in accordance with these provisions shall name the City of Tukwila as an "additional insured" and shall be written by a company licensed to do business in the State of Washington. (Ord. 1758 §1 (part), 1995) 18.54.120 Applicant Security Required To mitigate damages should they occur as a result of clearing which is not authorized by a Tree Clearing Permit, the Director may require from the applicant a bond, letter of credit, or other Progced by the City of Tukwila, City Clerk's Office Page 18-173 TUKWILA MUNICIPAL CODE means of security acceptable to the City. The following provisions shall apply in instances where such securities are required: 1. The required security shall be submitted prior to the issuance of a Tree Clearing Permit. 2. The security shall be equal to City Staffs best estimate of possible costs directly associated with replacement of cleared vegetation which has not been authorized to be cleared under a Tree Clearing Permit (e.g. the replacement of vegetation approved for retention, or the installation of replacement plantings which the applicant has failed to install as required). In no case shall the security exceed an amount equal to 2.5 times the current cost of replacing the plants per the Tree Replacement requirements of this chapter. 3. The security shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations, or following any prescribed trial maintenance period required in the permit. 4. Securities provided in accordance with this chapter may be redeemed in whole or in part by the City of Tukwila upon determination by the Director that the applicant has failed to fully comply, within the time specified, with approved plans and/or any remedial or enforcement actions mandated in accordance with this chapter. (Ord. 1758 §1(part), 1995) 18.54.130 Permit Approval Criteria To the extent that vegetation retention and/or replacement is consistent with project feasibility or reasonable use of the property, vegetation clearing shall be planned and conducted to meet all of the criteria below. These criteria shall be the basis for approval, approval with conditions or denial of any tree clearing included in a Tree Clearing Permit application. 1. Tree Retention - Site improvements shall be designed and constructed to retain as many existing healthy trees as possible, and to meet the following criteria: a. Priority shall be given to retention of existing stands of trees, trees at site perimeter, trees within the shoreline Low -Impact Environment, in Sensitive Areas or Sensitive Area Buffers, and healthy mature trees. b. All understory vegetation within the essential root zone of protected trees shall be: (1) retained; OR (2) removed by methods which are non - damaging to the tree, and replaced with vegetation with horticultural requirements which are compatible with protected trees. c. Vegetation removal shall be undertaken in such a manner as to preserve, to the degree possible, the aesthetic and ecological benefits provided by such vegetation. 2. Tree Protection Measures - a. The proposal shall include tree protection measures which meet or exceed best management practices and current standards of professional arboriculture, and which are sufficient to ensure the viability of protected trees and other vegetation identified for retention pursuant to requirements of this chapter, and shall include measures sufficient to protect any Sensitive Area, its Buffer and vegetation within the shoreline Low - Impact Environment. b. During clearing and/or construction activities, all protected vegetation shall be surrounded by protective fencing which prevents adverse impacts associated with clearing from intruding into areas of protected vegetation. 3. Tree Replacement - The site shall be planted with trees to meet the following minimum requirements: a. Each existing significant tree removed shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre. b. Tree Replacement Ratios Diameter of Existing Tree Removed No. of Replacement Trees Required 4 - 8 inches 1 8-12inches 2 12 -18 inches 4 18 - 24 inches 6 >24 inches 8 c. Prior to any vegetation removal, the applicant shall demonstrate through a Landscape Plan, Sensitive Area Mitigation Plan or other materials required per the requirements of this chapter that vegetation replacement will meet the following minimum standards: (1) Minimum sizes shall be 2.5-inch caliper for deciduous trees, 6 to 8 feet in height for evergreen trees, 24 inches in height for shrubs, and 1 gallon for groundcover. (2) Replacement plants shall meet current American Association of Nurserymen standards for nursery stock; (3) Planting and maintenance of required replacement vegetation shall be in accordance with best management practices for landscaping which ensure the vegetation's long-term health and survival. 4. Surrounding Environment - The timing of, and methods to be used in any proposed vegetation removal shall be such that impacts to protected vegetation, wildlife, fisheries and the surrounding environment are minimized. 5. Tree Relocation - Tree relocation shall be carried out according to best management practices, and trees proposed for relocation shall have a reasonable chance of survival. (Ord. 1758 §1 (part), 1995) Page 18-174 Produced by the City of Tukwila, City Clerk's 0ffice44 TITLE 18 —ZONING 18.54.140 Permit Exceptions A. Exception Criteria 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter, 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also consider any of the following in reviewing an exception request: a. The recommendation of a certified arborist supports the exception. b. The size of the site or project cannot support the number of required replacement trees, and off -site tree planting is proposed which furthers the goals of this chapter and other City policies. c. On -site planting of all required replacement trees is not feasible, and the project includes an equivalent contribution in funds and/or labor and materials for off -site tree planting as jointly agreed by the applicant and Director. d. Smaller -sized replacement plants are more suited to the species, site conditions, and to the purposes of this chapter, and are planted in sufficient quantities to meet the intent of this chapter. B. Retention and Replacement of Canopy Cover - or undeveloped sites or sites with dense stands of trees, where the cost of identification of individual tree species and sizes is inordinate relative to the project, the Director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees: 1. The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. 2. To meet the requirements for site canopy cover, canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be calculated at 314 square feet. C. Exception Procedures - An application for any exception from this chapter shall be submitted in writing by the property owner to the Director, and shall accompany the application for a Tree Clearing Permit. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The Director shall not grant an exception unless and until sufficient reasons justifying the exception are provided by the applicant. (Ord. 1758 §1 (part), 1995) 18.54.150 Permit Processing and Duration A. If the proposed vegetation clearing and permit application meet the requirements of this chapter, the Director shall approve the application and issue the Tree Clearing Permit. All Tree Clearing Permits and exceptions shall be processed as Type 1 decisions. B. If the Tree Clearing Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. From the date of issuance, permits shall be valid for a period of 180 days. (Ord. 1770 §32, 1996; Ord. 1758 §1 (part), 1995) 18.54.160 Permit Conformance A. Plan Conformance - All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. B. Tree Protection Measures - All tree and vegetation protection measures shown on approved permit drawings shall be installed prior to initiation of any clearing or land -altering activity. C. Protection of Property - The applicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. D. Maintenance Responsibility - All protected and replacement trees and vegetation shown in approved Tree Clearing Permit materials shall be maintained in healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clearing Permit. (Ord. 1758 §1(part), 1995) 18.54.170 Violations The following actions shall be considered violations of this chapter: clearing, planting, relocation, or maintenance of vegetation not authorized under or in accordance with an approved Tree Clearing Permit, where such permit is required, or not in accordance with the provisions of this chapter. Each tree which is cleared, not replaced or not maintained as required by this chapter shall constitute a separate violation. (Ord. 1758 §1(part), 1995) Pro#5ced by the City of Tukwila, City Clerk's Office Page 18-175 TUKWILA MUNICIPAL CODE 18.54.180 Enforcement and Order is issued pursuant to TMC 8.45.040, or within the time A. General - In addition to the Notice and Order measures period otherwise specified by the Director. prescribed in TMC Chapter 8.45, Civil Violations, as now in effect 4. The cost of any remedial measures necessary to or as amended hereafter, the Director may take any or all of the correct violation(s) of this chapter shall be borne by the property enforcement actions prescribed in this Ordinance to ensure owner and/or applicant. Upon the applicant's failure to implement compliance with, and/or remedy a violation of this Ordinance; required remedial measures, the Director may redeem all or any and/or when immediate danger exists to the public or adjacent portion of any security submitted by the applicant to implement property, as determined by the Director, such remedial measures, pursuant to the provisions of this 1. The Director may post the site with a "Stop Work" chapter. order directing that all vegetation clearing not authorized under a Tree Clearing Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which 18.54.190 Liability must be fulfilled before clearing may resume. A. Liability for any adverse impacts or damages resulting 2. The Director may, after written notice is given to the from work performed in accordance with a Tree Clearing Permit applicant, OR after the site has been posted with a "Stop Work" issued on behalf of the City within the City limits, shall be the sole order, suspend or revoke any Tree Clearing Permit issued by the responsibility of the owner of the site for which the permit was City. issued. 3, No person shall continue clearing in an area covered B. Issuance of a Tree Clearing Permit and/or compliance by a Stop Work order, or during the suspension or revocation of a with permit provisions or conditions shall not relieve an applicant Tree Clearing Permit, except work required to correct an imminent from any responsibility otherwise imposed by law for damage to safety hazard as prescribed by the Director. persons or property in an amount greater than the insured amount B. Injunctive relief - Whenever the Director has reasonable required by this chapter. cause to believe that any person is violating or threatening to C. Nothing contained in this chapter shall be deemed to violate this chapter or any provision of an approved Tree Clearing relieve any property owner within the City limits from the duty to Permit, the Director may institute a civil action in the name of the keep any tree or vegetation upon his property or under his control City for injunctive relief to restrain the violation or threatened in such condition as to prevent it from constituting a hazard or a violation. Such civil action may be instituted either before or after, nuisance, per TMC Chapter 8.28. and in addition to, any other action, proceeding or penalty D, The amount of any security shall not serve as a gauge or authorized by this chapter or TMC Chapter 8.45. limit to the compensation collected from a property owner as a C. Inspection access - result of damages associated with any vegetation clearing. 1. The Director may inspect a property for the purpose (Ord. 1758 §1 (part), 1995) of inspection for compliance with the provisions of a Tree Clearing 18.54.200 Conflicts with Existing Codes and Permit or this chapter, consistent with TMC 8.45.070, Authority to Ordinances Inspect. A. Whenever conflicts exist between this chapter and 2. Where deemed necessary by the Director to ensure federal, State or local laws, ordinances or regulations, the more compliance with permit requirements, upon completion of all restrictive provisions shall apply. requirements of a Tree Clearing Permit, the applicant shall request B Neither this chapter nor any administrative decisions a final inspection by contacting the Director. The permit process made under it exempts the permittee from procuring other required is complete upon final approval by the Director. permits or complying with the requirements and conditions of such D. Remedial Measures Required - In addition to penalties provided for in this chapter, the Director may require any person a permit. conducting vegetation clearing in violation of this chapter to mitigate the impacts of clearing by carrying out remedial measures. The following provisions shall apply in instances where such remedial measures are required: 1. The applicant shall satisfy the permit provisions as specified in this chapter. 2. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter, and applicable standards for mitigation outlined in the Sensitive Areas Overlay District chapter of this title. 3. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice (Ord. 1758 §1 (part), 1995) (Ord. 1758 §1 (part), 1995) Page 18-176 Produced by the City of Tukwila, City Clerk's Office 6 47 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE PLANNING COMMISSION Prepared December 28, 2017 FILE NUMBERS: L17-0077: Revisions to TMC 18.54, Tree Code and revisions to TMC18.06, Definitions E 17-0015: SEPA Checklist REQUEST: Public Hearing regarding revisions to TMC 18.06, Definitions to add urban forestry and landscaping terminology to the City's Zoning Code and the revision of TMC 18.54, Tree Regulations and. Based on direction from the Planning Commission staff will revise the regulations, which will then be forwarded to the City Council for review. PUBLIC HEARING: January 11, 2018 LOCATION: City wide STAFF: Carol Lumb, Senior Planner Andrea Cummins, Environmental Specialist ATTACHMENTS: A. Draft TMC 18.06: Revisions to Zoning Code Definitions B. Draft TMC 18.54: Clean Version with Advisory Committee and Planning Commission revisions C. Comprehensive Plan Urban Forestry Goals and Policies D. Current TMC 18.54 INTRODUCTION The current tree regulations were adopted 22 years ago in 1995, with minor revisions to the chapter in recent years. The landscaping regulations were adopted at the same time as the 1995 Comprehensive Plan was adopted. The update of the tree regulations is the final phase of a three-phase process: Phase 1: Establishment of the Tukwila Tree and Environment Advisory Committee: a team of Tukwila residents, business and professional experts, and Planning Commission and City Council representatives were appointed to guide development of Comprehensive Plan goals and policies on the natural environment and urban forestry. The Committee met from September, 2012 to May, 2013 and provided recommendations to the Planning Commission on the goals and policies. Attachment E Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 48 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 Phase 2: Update of the Natural Environment Element of the Comprehensive Plan incorporating the policy direction from the Advisory Committee: Planning Commission and City Council review and adoption of the revised Natural Environment Element, June to December, 2013. Phase 3: Revise landscape and tree regulations in the Zoning Code to implement the new Comprehensive Plan goals and policies on urban forestry. The Tukwila Tree and Environment Advisory Committee met in September and October, 2016 to review and revise draft landscaping regulations to forward to the Planning Commission. The Planning Commission then sent revised landscaping regulations to the City Council, which approved these regulations in March, 2017. The Advisory Committee met again in late September, 2017 through November 1, 2017 to review revisions to TMC 18.54, Tree Regulations, and TMC 18.06, Zoning Code Definitions and forwarded a recommendation on these two regulations to the Planning Commission for its review. A SEPA checklist was prepared for the update of the regulations; public notice was published in the Seattle Times November 16, 2017. No comments were received on the checklist. A Determination of Non -Significance was issued on December 27, 2017. BACKGROUND The Tukwila Planning Commission advises the Mayor and City Council on matters relating to land use, comprehensive planning and zoning (TMC2.36.030.) Additionally, all code cities are required to adopt development regulations that are consistent with and implement the City's Comprehensive Plan. (RCW 35A.63.105) The Tukwila Comprehensive Plan has the following policies regarding urban forestry. Any proposed regulation must implement and be consistent with these policies. Goa14.12 Trees are recognized by Tukwila citizens, business, City staff and decision -makers for their benefits to the environment, urban infrastructure and their aesthetic value. 4.12.2: Ensure that the benefits of trees are factored into site design and permit decisions. 4.12.3: Ensure that regulations recognize that larger trees provide more benefits than small trees. 4.12.8: Consider developing and "exceptional" or "heritage" tree program to foster tree appreciation in the community. Goal 4.13 Overall city-wide tree canopy increased to a total of 29% by 2034. Canopy cover in individual zoning categories increased by 2034 as listed below: Light Industrial zones: 3% increase from 20% to achieve 23% cover Heavy Industrial zones: 1% increase from 9% to achieve 10% cover CL Page 2 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\StaffRpt. Tree Code 49 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 Tukwila Urban Center and Tukwila South: 5% increase from 13%to achieve 18% cover Office and Commercial: 3% increase from 29 %to achieve 32% cover Parks: 5% increase from 38% to achieve 43% cover Public Rights -of -Way: increase canopy coverage through street tree planting. Specific canopy goal to be established based on future assessment. 4.13.1 Promote tree retention throughout the City by: kt 12- 1 a. implementing educational programs for property owners and managers regarding tree Neil selection and care, applicable regulations, selecting a qualified arborist, and other issues; b. except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; c. promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and d. requiring financial assurances for required tree replanting and maintenance. 4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies than the removed tree(s), except where existing or future infrastructure and/or public or private utilities impede the planting of large trees. 4.13.6 Establish criteria for requiring professional assessment and corrective actions by property owners who damage code -required landscaping, street trees, or other required trees by topping, poor pruning practices, or root disturbance. 4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on a site, establish procedures for off -site planting of replacement trees or payment into a dedicated tree replacement fund. Goal 4.14 Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban forest is healthy, diverse, and safe. 4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 4.17.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. CL Page 3 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\StaffRpt. Tree Code 50 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 DISCUSSION OF PROPOSED CHANGES The Tukwila Tree and Environment Advisory Committee draft tree regulations (Attachments A and B) and draft revisions to the Zoning Code's Definitions, TMC 18.06 (Attachment C) contains proposed changes to the City's the Zoning Code. Below is a summary of each subsection of the draft Tree Regulations and Definitions. The proposed draft tree regulations and changes to definitions have been annotated to provide sources of the material and to note when the Advisory Committee or Planning Commission made changes to the initial staff draft. A. Proposed Revisions to TMC 18.06, Definitions A number of new definitions are proposed to be added to the Zoning Code to incorporate terminology that is related to urban forestry and the management of the City's tree canopy resources. Many of the proposed revisions are annotated to provide sources for the proposed changes. Proposed new definitions include: at -risk tree, critical root zone, diameter at breast height (DBH), dripline, exceptional tree, heritage tree or heritage grove, invasive plant and tree list, invasive tree, nuisance tree, pruning, qualified tree professional, risk, site disturbance, street tree, target or risk target, tree risk assessment, tree risk assessor, tree removal, topping, viable tree and windfirm. B. Proposed TMC 18.54, Urban Forestry and Tree Regulations: TMC 18.54.010. Purpose: The purpose section of the chapter has been expanded to add references to the new Comprehensive Plan goals and policies related to urban forestry, and low impact development and to recognize the benefits that trees provide to the built environment. TMC 18.54.020: Scope: This subsection is a carry-over from the current regulations. TMC 18.42.030. Tree Permit Required: Revisions to this subsection anticipate a variety of Tree Permits, depending on whether: tree removal is the objective; or work will occur in the critical root zone; a Heritage Tree is proposed for removal or more than 20% of existing crown is proposed for pruning; or removal is related to utility work. The subsection also identifies activities that are exempt from the need for a Tree Permit and when an arborist's report must be submitted as part of the Tree Permit. TMC 18.54.040. Permit Submittal Requirements: Most of this subsection is from existing Tree Code. Single family tree removal is proposed to be regulated differently with a Tree Inventory Survey rather than a Tree Permit required. TMC 18.54.050. Permit Approval Criteria, General: This subsection has been revised to provide general guidance on the criteria for permit approval. The criteria are then spelled out in more detail in proposed TMC 18.54.060, 18.54.070, 18.54.080 and 18.54.110. CL Page 4 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission \Staff Rpt. Tree Code 51 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 TMC 18.54.060. Tree Retention Standards: This subsection is an expansion on the current requirements found in TMC 18.54.130 1. The proposed revisions to this section would allow DCD to require reasonable alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. The City currently has the ability to require this for projects within the shoreline jurisdiction. Topping of trees is prohibited and considered removal. Protection of trees is to be a major factor in the location, design, construction and maintenance of streets and utilities — removal or significant damage is to be mitigated. TMC 18.54.070. Tree Protection Standards: This subsection is an expansion on the current tree protection measures found in TMC 18.54.130 2.a. Many of the standards found in this subsection are drawn from International Society of Arboriculture guidance on tree protection. TMC 18.54.080. Tree Replacement Standards: This subsection is an expansion on the current tree protection measures found in TMC 18.54.130 2.b. The method of determining the number of replacement trees has been revised to tie replacement to tree canopy lost rather than on the diameter of the tree at breast height. TMC 18.54.090. Tree Relocation: The language in this subsection is relocated from current code found in TMC 18.54.130 5. TMC 18.54.100. Tree Replacement Fund: A new subsection has been added to codify the City's Tree Replacement Fund, which applicants may pay into if the number of replacement trees required cannot be accommodated on -site. This subsection provides criteria for determining how the cost of a replacement tree is determined, and what the funds may be used for. At the request of single family property owners, the funds may also be used to plant a street tree in the single-family district on properties improved with a single family dwelling. TMC 18.54.110. Performance Assurance: This subsection is an expansion of existing code on financial security required of applicants. The distinction has been made between assurance required to ensure tree protection during construction and financial assurance required to ensure required replacement trees are maintained during the period in which they are becoming established on site. TMC 18.54.120. Liability: The language in this subsection is currently located in TMC 18.54.190 — only minor revisions have been made to recognize the proposed name of the tree permit and to correct referenced to the code enforcement section of the City's municipal code. TMC 18.54.130. Permit Processing and Duration: The language in this subsection is currently located in TMC 18.54.150 — only minor revisions have been made to recognize the proposed name of the tree permit. The duration of the tree permit has also been extended from the current 180 days to one year for date of issuance. TMC 18.54.140. Permit Exceptions: The language in this subsection is currently located in TMC 18.54.140 — only minor revisions have been made to the text. CL Page 5 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\StaffRpt. Tree Code 52 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 TMC 18.54.150. Permit Conformance: The text in this subsection is currently found in TMC 18.54.160 A. The remaining items found in TMC 18.54.160, such as tree protection and maintenance responsibility have been relocated to other subsections of the draft code. TMC 18.54.160. Soil Preparation, Plant Material and Maintenance: This is a new subsection, intended to provide guidance for applicants who must plant replacement trees on how to prepare the site, the selection of plant material and guidance on tree maintenance and pruning. The standards in this subsection are drawn from the recently adopted Landscaping Regulations. TMC 18.54.170. Heritage Trees and Heritage Groves: This is a new subsection, which would permit the designation of a tree or groves of trees that have exceptional national, state or local historical significance to the City. If a nominated tree is on private property, the property owner must consent to the nomination and designation. The subsection also provides guidance on pruning of Heritage Trees. TMC 18.54.180. Approved and Prohibited Trees: This is a new subsection establishing authority for the City develop a list of trees that may be planted and a list of trees that are prohibited from planting for required replacement trees. TMC 18.54.190. Violations: This is a new subsection establishing regulations in the event of violations of the Tree Code. The regulations in this subsection have been adapted from those found in the Landscaping Chapter, TMC 18.52.110. TMC 18.54.200. Remedial Measures: Portions of this subsection have been moved from the existing TMC 18.54.180 Enforcement (items C-F); items A. and B. are new. Among the requirements, the subsection directs that tree canopy lost due to tree removal shall be replaced — either on site or by payment into the Tree Replacement Fund. TMC 18.54.210. Enforcement: The text in this subsection is currently found in TMC 18.54.180 with minor revisions to recognize the change in the name of the tree permit. REQUESTED ACTION Hold the public hearing on the proposed changes, deliberate and make a recommendation to the City Council on revisions to TMC 18.06 and TMC 18.54. CL Page 6 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\Staff Rpt. Tree Code 53 Michael R. Kenyon Rachel B. Turpin Ann Marie j. Soto Kim Adams Pratt David A. Linehan Charlotte A. Archer Alexandra L. Kenyon Eileen M. Keiffer Hillary E. Graber Kendra R. Comeau TO: Planning Commission Members Carol Lumb, Senior Planner FROM: Ann Marie Soto, Assistant City Attorney aS DATE: January 2, 2018 RE: Tree Liability Doug F. Mosich Or Counsel Shelley M. Kerslake 967 - 20014 This memorandum addresses general liability issues related to trees abutting the right-of- way in light of the City's pending review of tree code amendments. A. Private Property. The general rule is that a property owner is liable for damage caused by trees, and their roots, which extend onto the private property of another. Property owners have a duty to protect abutting private properties from encroachments and damage caused by such encroachments. See Forbus v. Knight, 24 Wn.2d 297, 313 (1945). To that end, an abutting owner will likely be found liable for tree root damage to a sidewalk resulting from trees on their property, but adjacent to the right-of-way line. See Rosengren v. City of Seattle, 149 Wn. App. 565, 575 (2009) ("an abutting land owner has a duty to exercise reasonable care that the trunks, branches, or roots of trees planted by them adjacent to a public sidewalk do not pose an unreasonable risk of harm to a pedestrian using the sidewalk"). B. Street Trees. As a preliminary matter, cities generally have only an easement interest in right-of-way and do not own streets and sidewalks. The mere fact that a tree is in the improved portion of a right-of-way does not make it a tree for which a city is responsible. Thus, traditionally, abutting property owners may plant, maintain, and remove trees in the planter strip, and a municipality cannot remove such trees unless they are a hazard or a nuisance. See Shaw v. City of Yakima, 183 Wn.2d 200 (1935). However, municipalities, such as Tukwila, often require regular maintenance of trees and permits for tree removal, and sometimes require planting and maintenance of trees in connection with development. Where the tree is planted and maintained by the city (or planted at the behest Attachment F Kenyon Disend, PLLC The Municipal Law Firm I I Front Street South Issaquah, WA 98027-3820 Tel: (425) 392-7090 Fax (425) 392-7071 www5ondisend.com of the city in connection with development), then the city may be potentially liable depending on the specific facts. On the other hand, a city would not likely be liable for damage caused by roots from a tree in the right-of-way if the city did not plant and does not maintain the tree. Likewise, municipalities have a duty to provide reasonably safe roads for the public to drive upon. Owen v. Burlington N. Santa Fe R.R., 153 Wn.2d 780, 788 (2005). Whether a municipality breaches this duty depends on the answers to factual questions: Was the road reasonably safe for ordinary travel, and did the municipality fulfill its duty by making reasonable efforts to correct any hazardous conditions? Thus, the Courts have held that a municipality has a duty to take reasonable steps to remove or correct for hazardous conditions that make a roadway unsafe for ordinary travel, including conditions which are not present in, but are adjacent to, the roadway, and this duty explicitly includes removing or correcting hazardous conditions created by roadside vegetation. Wutrich v. King County, 185 Wn.2d 19, 27 (2016). In summary, with respect to liability for street trees, the following questions will likely come into play: (1) who planted the tree, (2) who is responsible for maintaining it, and, specifically for road hazards, (3) was the road reasonably safe for ordinary travel, and (4) did the municipality fulfill its duty by making reasonable efforts to correct any hazardous conditions? Please feel free to contact us if you have questions or need further information. -2- 55 Carol Lumb From: Robin Tischmak Sent: Thursday, December 28, 2017 4:18 PM To: Carol Lumb Subject: Tree Regulation Comments Attachments: Draft Tree Regulations - PW Comments.docx Carol - Attached are comments and concerns that PW is requesting for consideration and inclusion in the final regulations. Let me know if you have any questions. Robin Tchmak City Engineer 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 206-431-2455 The City of opportunity, the community of choice. 1 Attachment G 56 Robin's Comments Regarding Proposed Landscaping Regulations • General discussion of Public Works approach to maintenance of landscaping/trees in the public rights -of -way. New capital improvement projects (both public and private) continue to install new landscaping and street trees within the public rights -of -way for various beneficial reasons. Staffing that maintains said vegetation has not increased along with this increased workload. Therefore, PW staff generally maintains newly installed landscaping during the establishment period. These areas often include irrigation systems to avoid plant mortality during the dry, hot summer months. Landscaping installed by private development is generally maintained by the private entity for a prescribed establishment period. After landscaping and street trees are established, staff relies on some level of support from abutting property owners as maintenance of all vegetation in the public rights -of - way by City staff is not possible. The expected level of support is generally as outlined in the TMC. There are varying levels of support from private property owners, but City staff generally takes responsibility for issues that appear to extend beyond the,normal capacity of property owners. While this may seem ambiguous, the City accepts maintenance help from proactive property owners, but generally accepts responsibility for maintenance issues in the right-of-way if public infrastructure is at risk or if an issue is left unattended. Rarely, if ever, has the City enforced a maintenance provision of the TMC on a property owner for vegetation issues within the right-of- way. • Public Works has had the opportunity to review the Draft Tree Regulations and request the following revisions to reduce or eliminate conflicts with TMC Chapter 11.20 18.54.030 Tree Permit Required Revise C.3. to include: "routine maintenance within rights -of -way related to Interference, Sight Distance, Emergencies or Topping as codified in Chapter 11.20 of the TMC." Add an exemption for the removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right-of-way. 57 SIGNIFICANT TREE SIZE COMPARISON JURISDICTION SIZE OF SIGNIFICANT TREE (in inches) # TREES PERMITTED TO BE REMOVED (outside of environmentally sensitive areas) PERMIT REQUIRED? (outside environmentally sensitive areas) Bothell 8 10% of significant trees to be retained — applies to all new development. Land Clearing permit during development process. Burien 6 Must keep 30% of trees on SF site at time of development No Des Moines 6 Up to 2,000 sq. ft. may be cleared w/out a permit if area is outside a sensitive area. No, if < 2,000 sq. ft. is being cleared & other exemption criteria are met. Kent 6 Retention of trees is regulated at the platting stage with required tree density required per acre and subsequent retention. No restrictions on number of trees that can be removed on a single family lot that was not developed under the current regulations. No Kirkland 6 2 in 12 month period provided: a. There is no active application to develop the site; b. The trees were not required to be retained as part of a previous development of the site; c. Two trees remain on the site. In some cases, tree replacement is required. Yes, type of permit depends of number of trees removed Lake Forest Park 6 2 in 36-month period Renton 6 Sliding scale depending on size of lot: • Up to 10,000 sq. ft: 2/12 months -max of 4/60 months; • 10,001-20,000 sq. ft. 3/12 months -max of 6/60 month; • Lots > 20,000 sq. ft.: 6/12 months -max of 12/60 month Yes SeaTac 8-evergreen 12-deciduous Tree retention applies only to platting proposals No Seattle 6 3 in 12-month period Yes Tukwila 4 4 in 36 month period No if 4 trees or less are removed in 36 month period. CL Page l of l W:\\Sharepoint\Long Range Planning\2016-2017 Landscaping and Tree Code Update\Draft Tree Regs\PC Review\Chart-Significant Tree Size Attachment H 1/2/2018 5:48 PM 58 59 January 9, 2018 Telephone Comments received from Very Meryhew, former Planning Commission member. Mr. Meryhew reviewed the draft definitions and the draft tree regulations and had three comments, all related to the draft definitions: TMC 18.06 1. Dripline: note that the comment in parentheses at the end of the definition should be shown as a comment in the margin. 2. Qualified Tree Professional: suggested revising the first sentence to read (revision is underlined and highlighted in yellow): "an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection." Vern commented that the person is required also to be a member of a professional organization, which will involve showing a certain skill set and probably taking courses in order to obtain the accreditation, and he was worried if the person has to have both academic and field experience, we could be eliminating some individuals from being a Qualified Tree Professional who have the required skills needed. 3. Significant Tree: recommends increasing the size of Significant Tree to 6" in diameter. Attachment I 60 61 Carol Lumb From: Sent: To: Subject: Attachments: G Zap <zzzapspeed@hotmail.com> Wednesday, January 10, 2018 8:17 PM Carol Lumb Re: Public Hearing an Revisions to Tree Regulations Tukwila Tree Code Proposal 1-10-18 Zaputil Letter.docx Please find attached our comments to be added to the record for the 1/11/18 Tukwila Planning Commission Meeting. Sincerely, Greg & Vanessa Zaputil From: Carol Lumb <Carol.Lumb@TukwilaWA.gov> Sent: Friday, January 5, 2018 9:56 AM To: Andy Padvorac; bmarie2@earthlink.net; Dana Ramsey; Daryl Tapio; David Bayard; David Mutchler; Eli Brocker; Glen Allen; Greg Allwine, AIA; Heather McLeland-Wiser; Heidi Narte; Hung van Pham; jeff.beckwith@pse.com; John Rucker; Kathy Graff; Kelli Turner (greenrosel0@msn.com); Kerrt Kriner; 'Liliana Cardenas'; meayotte@comcast.net; Nathan Elliott; Paula Williams; pslinder@comcast.net; Rev. Allen Mosley; Roger; Sunny Mulholland; Thelma Gustafson; Vanessa Zaputil; Vicki Lockwood; Wayne Werle Subject: Public Hearing on Revisions to Tree Regulations Dear Interested Party, Materials for the Tukwila Planning Commission's public hearing on proposed revisions to the City's tree regulations and Zoning Code definitions have been posted on the City's web site here: http://records.tukwilawa.gov/VVebLink/1/fol/300177/Row1.aspx. The public hearing will begin at 6:30 p.m. in the Tukwila City Council chambers, 6200 Southcenter Blvd., Tukwila, WA 98188. If you want to comment, but cannot attend the hearing, you may send comments to me at the address below by 5:00 p.m., January 11, 2018. Please let me know if you have any questions. Sincerely, Carol Lumb CarolCumb, AICP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd, Suite too giukwita, "V.4 98188 206-431-3661 Attachment J 1 62 Greg & Vanessa Zaputil 1517152"d Ave. S. #5 Tukwila, 98188 (206) 242-9945 01/10/18 City of Tukwila Planning Commission 6300 Southcenter Blvd. Tukwila, WA 98188 After reviewing the 12/14/ 17 Planning Commission Work Session recording, staff did not accurately represent current TMC code with respect to tree removal permit exemptions. TMC 18.54.050 is very clearly written. This is a Malor Change to TMC 18.54. Currently, under this chapter, Tukwila only requires permits for tree removal in sensitive areas. Non -sensitive areas are exempt. Under the new proposal all trees in Tukwila will be regulated. Current Code and Tree Removal Permit (highlighted for emphasis): 18.54.050 n rrt iAte e1 - -+r- ortse - r r ��..... an a site - il'tiy _ n f tit :+ ,_�;tw:nl :� '! , !' iH i• c}il'.1� 1:5 s i i 'a u a.'ItCifil RITy pqrSC„-;' .{I'':! r;' `` the jRVf ;ti" t'ff: be ,. A, _•:.:?I.' tt!eir ssoC,at b. Of 313`Y ....!I:ilt1':'•`.; �r '�'. : !„'l 2`rI i, a .,c1'''•7 _'�� :'�Ir o — t1}u ,;`lc:�f't,ff:; __1i'E_'.. h _- r'.::_ s_: trees. '•re::iet ti :;1 , tian..t;ci!': ralth of to :�.iV� ... ..`ei'.:..�s.. h''.,1i �^. h`i{1 .. l�7i SI!ii� ��''=r.f�:1.:'7+•:. ."!`. .�.0 Ca, c: etati�r1 . 'fi 7:''• i llt=:r?`tiS 1c'y'WI the 'rpr,'t'i:-. '1riStr Tc S Ir£::r: fi i ( !:...r' I",.:;IIc. I '.s .Ct !ri i _r•'icizl�: _ ':(` streets a,t(a easements tr1 1'.- :- f ,r• 63 CITY OF TL KT> ILA Department of Community Development 6300Sourheen:e;Boulerj;ci:Tukwila; iT4 9313.3 Telephone: (206)43:-3570 FAX: (206) 4?;-3665 TREE REMOVAL AND LANDSCAPE MODIFICATION PERMIT IN 0' M'ATLON T'ukwila's Tree Regulations (T\SC 1 S 54 ) . .wµ the - a lie, or °sae- r ;ei ^� , a c�ni c ,, = c •, s-r e,.'`s. :'Teas (wetlands. watercourses. and steep slopes. including their btaffcrs). The Carl Setlsitive Areas Regulations also regulate vegetation removal within sensitive areas and thee' buffers. Generally. When significant (4 inches or more in clt'aineter) trees are removed from sensitive areas, tree replacement is required. This ptrinishottld be used for tree <ti3tiVi cif in aei isiz' ivllen it does not involve significant vegetation clearing. i.e., when one or two trees are being removed. Trees alust be replaced according to the replacement ratios established in the Tree Regulations (and presented below). Trees to be removed must be identitiecl as to species and diameter at 4 feet above the ground i clbal. A plan must be subntirtecl detailing the number of replacement trees required. the proposed species and the proposed locations. Removal of trees that arc hazardous do not require a nee removal permit. but the property owner trust be able to document that the tree is hazardous.' Of the hazard is not ob: ions, a risk assessrue:nt by a certified tree risk- assessor` gray be required. and din a wetland or -water course or their butler. replanting is required. l.2epfaccntcut trees to wetllands. watercourses and their braffers must be species native to the 1'u et Sound region and appropriate for the site (Eakin_ into account shade. moisture. and space requirements. New Impacts of concern: 1. Single family home property owners will now be required to buy a permit for all trees larger than 8" in both sensitive areas and non -sensitive areas. —Typically trees being removed fall into this size category. 2. All non single family home property owners will have to buy permits and arborist reports for all tree removal greater than 4"— in both sensitive areas and non -sensitive areas. This has a regressive impact on small businesses. Further Concerns/Questions (Under proposal) 1. 18.54.040 (B) (5)— identify contractor — what if property owner wants to remove themselves? (Example removing a 4"tree- rights and liability should be that of the property owner.) 2. 18.54.040 (B) Table A- removal of a tree greater than 8" for a single family home requires a Permit, but does not require an arborist report. However, Tree Removal Permit application itself is burdensome and wilt most likely require a landscape architect, (Site Plan required, Landscape Plan required, and specifies a professional (arborist) recommendation/ report) —18.54.040 (A) 1,2&3 3. No provision or accommodation based on lot size. Small, zero lot line, single family home property can remove up to 4 trees, and the same for a large 1 acre single family home property- Not equitable. 4. 18.54.160 (C) (1) Tree Maintenance and Pruning "...all pruning must be done in accordance with ...ANSI 300- A specification, as it now reads and as it is hereafter amended..."- Likelihood of compliance for homeowners and small businesses/ small landscapers will be very low. 5. Can a tree removal permit application be denied for a healthy tree that an owner simply wants removed? Not a required landscape plan tree, but for example, a property owner wanting to change personal or business preferences for landscape, or wants a less nuisance tree- pitch over driveways, allergic to pollen, etc. We respectfully request that the above concerns be mitigated and any new regulations be implemented for new development and all existing developed properties grandfathered, with an educational focus. Greg & Vanessa Zaputil Party of Record 64 65 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director CHAIR, NHAN NGUYEN; VICE -CHAIR, DENNIS MARTINEZ; COMMISSIONERS, MIGUEL MAESTAS, SHARON MANN, MIKE HANSEN, LOUISE STRANDER AND HEIDI WATTERS PLANNING COMMISSION PUBLIC HEARING AGENDA JANUARY 11, 2018 - 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS R I. CALL THE MEETING TO ORDER II. ATTENDANCE III. ADOPTION OF 12-14-17 MINUTES i/e\ IV. CASE NUMBER: L17-0077' APPLICANT: City of Tukwila, Dept. of Comm pity Development REQUEST: Revise TMC 18 54, Tree Regulations, to address Comprehensive Plan urban forestry goals.and polices and revise TMC 18.06, Definitions, to incorporate urban/ forestry terms and revise landscaping terminology. LOCATION: /City-wide \ V. DIRECTOR'S REPORT HEARING CONTINUED TO A DATE CERTAIN: JANUARY 25, 2018, 6:30 PM Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov City of Tukwila lMar§ ck ==r , Mayor Department 'fCofYYmunit £ t"'efe40:;-11 r`.Y, Jack pace, Direct CHAIR, NHAN NGUYEN; VICE -CHAIR, DENNIS MARTINEZ; COMMISSIONERS, MIGUEL MAESTAS, SHARON MANN, MIKE HANSEN, LOUISE STRANDER AND HEIDI WATTERS PLANNING COMMISSION PUBLIC HEARING AGENDA JANUARY 11, 2018 - 6:30 PM - - �� Q Von/ h't — TUKWILA CITY HALL COUNCIL CHAMBERS 1 u,2(_, (,ea.,, c rov ottia-r,L y-pl 1 I. CALL THE MEETING TO ORDER II. ATTENDANCE III. ADOPTION OF 12-14-17 MINUTES IV. CASE NUMBER: L17-0077 APPLICANT: City of Tukwila, Dept. of Community Development REQUEST: Revise TMC 18.54, Tree Regulations, to address Comprehensive Plan urban forestry goals and polices and revise TMC 18.06, Definitions, to incorporate urban forestry terms and revise landscaping terminology. LOCATION: City-wide V. DIRECTOR'S REPORT (0 "Nil) uJaviti-7 — sq rb e4,0e-LiV- Motion Samples on back Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila,. WA 98188 • 206-43.3-1800 • Website: TukwilaWA.gov Sample Motions for Action on a Land Use Permit To act in agreement with the recommendations and conditions (if any) in the staff report: I move to approve (with conditions)/deny project number LXX-XXX based on the findings and conclusions (and conditions) contained in the staff report dated Month, Day Year. To act in agreement with the recommendations in the staff report but to add/modify/delete any condition or finding. first make a motion to address the specific issue (condition or finding), then deliberate and vote on the revised condition language (and findings if necessary): I make a motion to amend the findings contained in the staff report page XX to (read as follows, add an additional sentence) based on the testimony provided during the hearing and/or provide other reason for the proposed change. I make a motion to amend condition X contained in the staff report page XX to read as follows based on the testimony provided at the meeting and/or provide other reason for the proposed change. I make a motion to delete condition X contained in the staff report page XX (based on the testimony provided during the hearing, or provide other reason for the proposed change such as it is not necessary to comply with the decision criteria, etc.). I make a motion to add a new condition as follows (based on the testimony provided during the hearing and/or state the reasons for the new condition and how it relates to the decision criteria). Then the final motion at the end of deliberations and discussions should be: I move to approve project number LXX-XXX based on the findings and conclusions contained in the staff report dated Month, Day Year as amended during the PC/BAR deliberations. To act against the recommendations in the staff report: I move to remand the project back to staff to prepare revised findings and conclusions for project number LXX- XXX based on the testimony provided and the findings of the PC/BAR and postpone the issue until (date certain). Or: I move to approve (with conditions)/deny project number LXX-XXX based on the testimony provided during the hearing and the findings of the PC/BAR. Sample Motions for Action on a Legislative Item To forward a policy document unchanged to the City Council: I make a motion to forward Document XX dated Month, Day Year to the City Council. To amend a policy document under review: I make a motion to amend the (text, policy, recommendation) in Document XX page XX to (read as follows, add an additional sentence, etc.) To forward an amended policy document to the City Council: I make a motion to forward Document XX dated Month, Day Year as amended by the PC to the City Council. W:\Admin (Wynetta)\Planning Commission - Wynetta\Sample Motions.docSwap a Mot a City of Tukwila Planning Commission PLANNING COMMISSION WORKSESSION MINUTES Date: December 14, 2017 Time: 6:30 PM Location: Council Chambers Chair Pro Tem, Sharon Mann called the meeting to order/ \\ \\. This work session is a continuance from the 11/16/47 work session on the proposed, revisions to TMC 18.54, Tree Regulations and revisions to definitions found'n\TMC 18.06 related,to landscaping, urban forestry and trees. Chair Pro Tem, Sharon Mann allowed'cbmments from one citizen. Vanessa Zaputil, a citizen, said that the third bullet in_the staff o is incorrect, that what is proposed is not the same as what is currently`' in TNIC2Ih54,050,�Pernit Exempt Activities verbiage. She also said adding the.arborist fee 'report cost tothe'permit fees will be a financial burden to the small business owners and residenteShe expressed concern with property owners not being able to remos atree due to cost, which is a safety concern. She does not want the situation where people a en't taking,out trees because financial cost and regulatory requirements are too burdensome.\ Present: Commissioners Sharon Mann, Mike Hansen, Louise Strander, and Dennis Martinez Absent: Chair, Miguel Maestas; Vice -Chair Nhan Nguyen / l Staff: Nora Gierloff, Deputy Director, Carol Lumb, Senior° Planner; Andrea Cummins, Urban Environmentalist, and Wynetta Bivens, Planning Commission Secretary Commissioner Mann requested staff address the citizen's concerns on the permit activities verbiage:/Staff said.the-diffeene,in the code requirement is based on the tree size. There was further` discussion. ' , \ • Commissioner Martinez, expressed concern for long-term residence being on fixed incomes and having the financial burden to senior citizens. Commissioner Mann requested to note this as a concern. Carol Lumb, Senior Planner, and Andrea Cummins, Urban Environmentalist, Depai liiient of Community Development went over the proposed definitions and proposed tree regulations and answered questions. ACTION ITEMS: - Bring back to the Commission, definition of significant tree size compared to other jurisdictions 1 Page 2 Public Hearing Minutes December 14, 2017 - Send information to the Commission on the comparison difference of other Cities for significant tree sizes as soon as possible. Commissioner Hansen noted that the comparison of neighboring Cities is quite important in their discussion and, said he was disappointed that the Commission didn't have the information for this discussion. - Bring back to the Commission, documentation on Tree maintenance in the public right -a -way (page 110) - Provide a chart on significant trees, 4" versus 6" - Provide more information from the City Attorney on Injunctive relief REVISIONS: - Page 96, nuisance trees — add underground utilities. - Page 97 — send significant tree size chart as soon as possible - Page 103, D. change wording to match chart on page 104— no arborist report for trees greater than 18" Page 106 clean up verbiage, paragraph D, nuisance tree. Page 108, if tree is damaged by an act of nature, it is not required to be replaced (see page 110 18.54.110 C. for language) Page 110, D. top of page, need more information about liability - Page 118, Injunctive Relief — "threatening to violate" — need information about this phrase. DIRECTOR'S REPORT: - Commissioner Nguyen will be the chair for 2018, and Commissioner Martinez, Vice -Chair. - Heidi Wafters the new Planning Commissioner will go to City Council for confirmation on January 2, 2018. Overview of the 2018 Planning Commission schedule. Staff asked how they could help the Commission for the process to go smoothly in 2018. PC Responses: - Provide packets with work completed on the project before coming to PC. - Have representatives from the Police or Fire department present when variances, parking, or set -backs are being considered. - Commitment for enforcement regarding the decisions PC make. - Better outreach to citizens regarding projects in their neighborhood. - Staff thanked the Commission for all their work in 2017. Adjourned: 9:15 PM Submitted by: Wynetta Bivens Planning Commission Secretary 2 TO: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Tukwila Planning Commission FROM: Carol Lumb, Senior Planner Andrea Cummins, Urban Environmentalist DATE: December 28, 2017 SUBJECT: January 11, 2018 Public Hearing on TMC 18.54, Tree Regulations and TMC 18.06, Definitions On January 11, 2018, the Planning Commission will hold a public hearing on revisions to the City's tree regulations, found in TMC 18.54, and Zoning Code definitions found in TMC 18.06. The following changes have been made to the draft regulations, based on Planning Commission direction to -date (these changes are also highlighted in yellow in the draft regulations): 1. TMC 18.06 Definitions: • Nuisance Tree definition has been revised to add "underground utilities". 2. TMC 18.54, Tree Regulations: a. 18.54.020 D. "Exceptional Tree" deleted from requirement to provide an arborist's report. b. 18.54.040 A. spell out "CRZ": Critical Root Zone. c. 18.54.040 Table A — Arborist report not required for trees 18 inches or greater in diameter within a 36-month period. d. 18.54.060 D. The Planning Commission requested that the language of the first sentence be revised. Staff suggests the following: 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 with a single-family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC 18.54.080 and Table B. e. 18.54.080 B. new last sentence exempts trees damaged or destroyed due to a natural disaster from replacement. CL 1/4/2018 2:50 PM W:IISharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Draft Tree Code\Planning Commission\PC Info Memo 12-28-17 3 Informational Memo Planning Commission 1-11-18 Pubic Hearing Page 2 f. 18.54.100 D. The Planning Commission expressed concerns about possible liability from trees planted in the right-of-way. Staff has requested guidance from the City Attorney and Public Works on this issue. g. 18.54.210 B. The Planning Commission requested clarification about requesting injunctive relief on the basis on someone threatening to violate the tree regulations. Staff has researched, the question and has the following information: Typically, a request for injunctive relief must be authorized by the City Council, which can be time consuming as an item must be scheduled on the Council's meeting calendar. The language in this subsection would permit the Director of the Department to initiate legal proceedings in the event of an emergency, which would save time. This language is in the current TMC 18.54 and is proposed to carry forward into the draft going to the City Council. Attachment F is a memo from Assistant City Attorney Ann Marie Soto responding to questions about liability and Attachment G is information from Robin Tischmak, Acting Public Works Director, and City Engineer, regarding trees in the right-of-way and also requesting two changes to the draft tree regulations. DCD staff are in agreement with the requested changes from Public Works to the draft tree regulations. RECOMMENDATION Conduct the public hearing on the proposed revisions to TMC 18.06 and TMC 18.54, deliberate and make a recommendation to the City Council. ATTACHMENTS A. Draft revisions to Definitions, TMC 18.06 in strikeout/underline format showing staff proposed changes, Advisory Committee and Planning Commission revisions. B. Draft revisions to TMC 18.54, Tree Regulations, with the staff proposed changes accepted, Advisory Committee and Planning Commission revisions shown in strikeout/underline. C. Comprehensive Plan Urban Forestry Goals and Policies. D. Current TMC 18.54. E. Staff Report on land use file L17-0077, Revisions to TMC 18.06 and TMC 18.54 F. Memo from Ann Marie Soto, Assistant City Attorney G. Email from Robin Tischmak, Acting Public Works Director H. Significant Tree Comparison Chart. CL 1/4/2018 2:50 PM 411Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Draft Tree Code\Planning Commission\PC Info Memo 12-28-17 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Note: New text is shown as underlined text; text proposed for deletion is shown in str. This list of definitions includes existing definitions as well as proposed new definitions related to trees and landscaping. ######### At -Risk Tree "At -Risk Tree" Imeansl a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. 18.06.125 ICa]iperd "Caliper" means the mericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six6-inches above the ground for up to and including four -inch caliper size trees and 12 inches above ground for larger size trees.( 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. 18.06.135 Canopy (Coved "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a the site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City's Recommended Tree List. 18.06-140 Certified Arborist: "Certified Arborist"-, see "Qualified Tree Professional" CL Page 1 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL1]: This is a new definition from Lake Forest Park with revisions proposed by staff. Commented [CL2]: Current definition with revisions from Kirkland definition. Commented [CL3]: "AmericanHort" is the professional association formerly known as the American Nursery and Landscape Association, which merged with the Association of Horticultural Professionals to become AmericanHort. Commented [CL4]: This definition applies to nursery stock for new trees being planted and is distinguished from measuring diameter of existing trees. Existing trees are measured 4.5 feet from the ground, which is also referred to as "Diameter at Breast Height — DBH". Commented [CL5]: Current definition with additions from Lake Forest Park. 1 Attachment A 5 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.145'Clearing' Commented [CL6]: No change proposed. "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. Critical Root'zone' "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a qualified professional (example: a 24-inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter). Crown Commented [CL7]: Lake Forest Park We propose using this term rather than "Essential Root Zone" "Crown" means the area of a tree containing leaf- or needle -bearing branches Commented [CL8]: ISA source of definition Dead reel "Dead Tree" means a tree with no live crown and no functioning vascular tissue. 18.06.199 Defective 'Tree' "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and 3. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. Diameter at Breast 'Height' (DBH1 "Diameter at Breast Height (DBH)" means the diameter of existing Trees measured four and one-half feet above the ground. CL Page 2 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL9]: Lake Forest Park. Commented [CL10]: This definition was added when the landscaping code was revised in March, 2017. Commented [CM]: Lake Forest Park 6 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions pripline Commented [CL12]: From Kirkland and Lake Forest Park J "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crow. or six-foot radius from the trunk of the tree, whichever is greater (rt-his from Lake t1,1Z tomtit+-vt_e4J-- v 4 vV\ Forest Park . Exceptional Tree "Exceptional Tree" means a tree that is at Ieastj1824 inches in diameter (DBH) For trees with two stems, if the stems have a combined total diameter of at least 24 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 1824 inches, the tree shall be considered an Exceptional Tree. 18.06.380 Groundcover "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface Hazardous Tree See "Defective Ifreep'. Heritage Tree or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Invasive Plant and Tree List "Invasive Plant and Tree List" means the City list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights-of-way- CL Page 3 of 8 W:\SharePoint\\Long Range Projects \2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL13]: Proposed using the term "Critical Root Zone" rather than this term. Commented [CL14]: Size of Exceptional Tree revised by Committee. Commented [CL15]: This definition revised when landscaping code revisions were adopted in March, 2017. Commented [CL16]: Issaquah TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Invasive Tree /( Commented [AC171: ISA source for definition. "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco-system. Landscape Design Professional "Landscape Design Professional" means a landscape architect licensed by the State of .Nashingtonl or an individual who has graduated from an etf accredited landscape design programe€eseionaI. 18.06.490 Landscaping or Landscaped Areas "Landscaping or Landscaped Areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may also serve as bioswales to reduce storm water runoff, subject to the standards of this Chapter and TMC Chapter 14.30. Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. 18.06.586 Native Vegetation "Native vegetation" means vegetation with a genetic origin of Western Washington, Northern Oregon and Southern British Columbia, not including cultivars. Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures, including, but not limited to sidewalks curbs, the surfaces of streets, parking lots, or driveways, or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. CL Page 4 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL18j: This definition added to reflect new landscape code and text in TMC 18.52 that identifies those individuals who may prepare landscape plans for projects. Commented [C1191: Propose using "Landscape Design Professional" Commented [CL201: Amended definition to reflect new landscaping code, which allows bioswales to substitute as landscaped areas if certain criteria are met. 8 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.645 Protected Tree/Protected Vegetation "Protected tree/Protected Vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. 18.06.650 Protection Measure "Protection Measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Clearing Permit. 18.06.651 Protective !Fencing! "Protective Fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation; which is required by in a Tree Clearing -Permit or approved landscaping plan. 'runinel "Pruning" means the cutting or limbing of tree or shrub branches. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". twv 4o/ Commented [CL21]: Current definition, with proposed revisions. Commented [CL22]: New definition, primarily from Portland, with staff additions. Vf'vl\ Qualified Tree :,rofessiona( an individual who is a certified professional with acaden {1 c and ) Commented [CL23]: Modified from Lake Forest Park field experience that makes them a recognized expert in urban forestry and tree protectton7W Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. Arborists preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. Risk: "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. CL Page 5 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL24]: Modified from Lake Forest Park with City revisions. 9 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.705 Screening: "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. _ \Livn t4'n `'4-AV 18.06.775 Significant (free "Significant Tree" means a single-trunked tree which is four-4 inches or more in diameter as measured (DBH4 grade or a multi-trunked tree with a diameter of two -inches or more on any trunk (such as willows or vine maple). 18.06.777 Significant Vegetation temovall "Significant Vegetation Removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. S]te [sturbancek "Site Disturbance" means any development, construction, or related operation that could alter the subiect property, including, but not limited to, soil compaction including foot traffic, tree or stump removal, road, driveway or building construction, installation of utilities, or grading. CL Page 6 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL25]: Revised to reconcile this definition with the definition for a "Significant Tree" in the shoreline jurisdiction. Commented [CL26]: No changes proposed to this definition. Commented [C1.27]: New definition — Kirkland. Commented [C128]: In searching the code, I do not find the term "Solid Planting" used; TMC 18.52.020 D defines "Type III -Heavy Perimeter Screening", which is essentially a solid planting, so this definition is not needed. 10 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Street Tree "Street Tree" means a tree located within the public right-of-wav, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-wav and the abutting property, it shall be considered to be on the abutting propertA Target or RiskffargeII: "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. Tree Risk Assessment "Tree Risk Assessment" means the systematic process to identify, analyze and evaluate tree risk, prepared in accordance with the latest version of the ISA Best Management Practices Guide by a Qualified Tree Professional. Tree Risk lAssessort "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target and determines options for treatment or mitigation. 18.06.845 !free' "Tree" means any self-supporting woody plant ffiefe characterized by one main trunk, or for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity that is recognized as a Tree in the nursery and arboricultural industries. 18.06.850 Tree RemovaiCtearing Permit: "Tree Removal Cle Permit" means a permit issued by the Director authorizing tree clearing removal activities, or work that may impact the Critical Root fronel, pursuant to the general permit provisions of this Title. CL Page 7 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL29]: This definition from Kirkland. Street tree is also defined in TMC 11.04.040 #83 as "any trees located on any street or public right-of-way'. It is not defined in the new TMC 18.52 ordinance. Commented [CL30]: Modified from Lake Forest Park. Commented [CL31]: Modified from Lake Forest Park. Commented [CL32]: Current definition With revisions from Lake Forest Park. Commented [CL33]: This phrase added by staff to reflect change in permit title by Advisory Committee and the various circumstances that may trigger a Tree Permit. TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Tree Removall: "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems, destroying the structural integrity of trees through improper pruning, poisoning, or filling, excavating, grading or trenching within the dripline that results in the Toss of more than 20 percent of the tree's root system• or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Toppinpj "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) "A 300 Pruning Standards" and companion "Best Management Practices for Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. 18.06.860 Understory Vegetation: "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. 18.06.910 Vegetation: "Vegetation" means living trees, shrubs or groundcover plants. Viable tree: "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure, is relatively Windfirm if isolated or exposed, and is a species that is suitable for its location and is therefore worthy of long-term retention. IWindfirmc "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined that can withstand normal winter storms or surrounding tree removal. CL Page 8 of 8 W:\SharePoint\\Long Range Projects \2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL34]: New definition from Lake Forest Park. Commented [CL35]: Revised from Portland - Commented [CL36]: Lake Forest Park - Commented [CL37]: Lake Forest Park 12 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree -Removal Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria, General 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.170 Heritage Trees and Heritage Groves 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 18.54.010 'urposel The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Regulate the pProtection-ef existing trees prior to and during Idevelopment4 2. Establish protections rcgu' =ts for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; Commented [CL1]: New purpose text to reflect adopted Urban Forestry Comprehensive Plan goals and policies. Commented [CL2]: Advisory Committee revisions to Purposes #1 and 2. Attachment B 13 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees lvithinithe City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. 18.54.030 Tree Removal Permit Required (LFP) A. Permit lRequiredl 1_A Tree Removal Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of these Trees within the City, unless the action is exempt from this Chapter. 4,2. A Tree Remeval Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown. 3_A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B_Tree Removal on undeveloped lots is prohibited. C. Tree Removal lExemptionsl The following activities are exempt: from the requirements of this Chapter: Commented [CL3]: These regulations do not address understory vegetation — just trees. Understory vegetation is regulated in SAO and Shoreline regulations. Commented [CL4]: Committee revision: Name permit "Tree Permit" then have different types: 1. Tree Removal 2.Tree Impact (for work in CRZ) 3. Heritage Tree Removal or Pruning over 20% of existing crown. 4. Exceptional Tree Removal 5.Tree Removal -Utilities Commented [CL5]: Mix of Lake Forest Park and current exemptions in TMC 18.54 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine klaintenancelof trees necessary to maintain the health of cultivated Commented [CL6]: From TMC 18.54.050 plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year period Commented [CL7]: Added by Advisory Committee. •Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree CL Page 2 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape &Tree Code\Tree Code Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown St p-- tom' Umist 'ivi( v'r"'S' ZM�t- vY tl�c, w 14 ,�., \i &t C. 1 (;I'i✓1 it5tPrI lak.uC,�-0 „1-Vi.e'a'� „Gv tt�W'� eV fetti� 4� Ct-6-iw• Aktle,pi, tr, z I(. 2� f. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Refeeva] Permit application within one week of the emergency action and replace the tree(s) if required by this Chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the pirecton D. Trce Rcmovai ocrmitl Arborist Report —All Tree -Removal Permits shall require an ISA Certified Arborist lreportview#, unless otherwise stated in this Chapter.; cxct;Qr-t,:e , ineiodife An arborist's report is not required for the permitted removal of trees, other than E+Geptienal4N1Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. 18.54.040 PERMIT SUBMITTAL REQUIREMENTS A. Permit Application. Prior to any tree removalfef site clearing, or work within the Critical Root Zone,a Tree Removal Permit application must be submitted to the Department of Community Development containing the following information: Commented [CL8]: Added at the request of Seattle City Light. Commented [CL9]: Committee approved substitute language —avoids the need to define "major storm even", and also there might be other entities besides utilities that would need to use this provision. Commented [CL10]: Revised this subsection to require an arborist report, not just an arborist's review. Commented [CL11]: This revision makes the text consistent with a revision the Planning Commission made to Table A, under B. below. 1. Site Plan of the proposal ihowin4 Commented [CL12]: TMC 18.54.0801. a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal showingl: - Commented [CL13]: From TMC 18.54.080 2. a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the lFollowin4 - Commented [CL14]: Revised from TMC 18.54.0803. 1 CL Page 3 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if-equiredl. 4. A photo of the iree(s) to be impacted or removed. 4-5. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. Commented [CL15]: New text. y_;f B. Single Family Tree Removal p to Four Trees of ' lees. The removal of 1-4 trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, sublect to the requirements in Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: gite-plafir i.:i.44h^ too(om)- to b^ d ivocrnrti-fin�^aa, tcrhroc teec^ 5pc'icTvrTv 2. Number and size of trees to be removed. 3. The location of any affected futility lines within the overhead "fall zone" or other built infrastructure. 4. Photos of the tree(s) to be removed; 5_The method of removal and identification of contractor; and 6. Time schedule of tree removal. Table A Single Family Tree Removal Requirements Trees (DBH1 # of Trees in 36 Month Tree Permit? Arborist Report? Period that can be itemovec4 4-8" 4 Tree Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >1844" 1 Yes Ycs No a24" I Yes *ES CL Page 4 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL16]: Permit application should also suggest that applicant call 811 for a utility locate to ensure no underground utilities will be impacted by tree removal. Commented [CL17]: The Committee wanted to tie the number of trees that can be removed from single family zoned properties improved with a dwelling to the size of the trees being removed. The larger the tree removed, the fewer that can be taken out in a 36 month period. Commented [CL18]: Planning Commission revision to not require an arborist's report for Exceptional tree removal. 16 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions See Table B for the number of replacement trees required, if any. X C. Permit Materials Afaiverl Commented [CL191: From existing TMC 18.54.090 The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application eel Fee required: A Tree Removal Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. 18.54.050 Permit Approval Criteria, General. A All Tree Remeval Permit applications shall meet the criteria outlined below for approval. �A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. 1B. Tree protection will be implemented as required in TMC 18.54.070. &C. Tree replacement will be implemented as required in TMC 18.54.080. F,D. Tree replacement Minds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. & E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of CL Page 5 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL20): Modified from existing TMC 18.54.100 Commented [CL211: Revised and moved to Permit Approval Criteria section. Commented [CL221: Replaced with proposed text below. 1 Commented [CL23): The topic of tree retention is currently found in TMC 18.54.130 1. and is proposed to be replacedwith the text below. potential for root or canopy interference with utilities. D. Where permitted, removal of Exceptional or Significant trees on a property zoned owl Density Residential and improved with a single-family dwelling beyond the up to four trees permitted within a 36-month period hall be replaced pursuant to the tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the tree removal. 0 to.. th..niche ie ' cover from the City's preferred tree list. I<-E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off - site tree replacement as required by this Chapter. G,F__A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. G. The Department shall conduct a tree canopy assessment every five years from the date of the adoption of this Chapter to ensure that the tree canopy goals of the Comprehensive Plan are being met. CL Page 6 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Lang Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions buildings, parking or other elements of proposed development in order to retain Significant, Exceptional) or Heritage non-invasive frees!. B. Topping of trees is prohibited and considered removal,. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to l]ow with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target; or, d. Extreme risk.) 1 Commented [ACM: From Lake Forest Park 3. Factors that will be considered in approving such tree removal include, but are ,���/// d not limited to, tree condition and health, age, risks to life or structures and\6.a/0 Commented [CL26]: The Planning Commission requested that the language in D. be revised to be clearer. Staff proposes the following: 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 with a single-family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC 18.54.080, and Table B. Commented [AC24]: From 18.44.080 B.1. Commented [CL27]: Should be trees not vegetation, as this Chapter does not address vegetation retention. Commented [CL28]: Subsection E. is from existing code, TMC 18.54.140 B. It was deleted by the Committee as eliminating this option will provide site specific tree inventory information when development is proposed. Commented [CL29]: Added by the Committee to make sure we are monitoring tree canopy percentages over time. 18 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 18.54.070 Tree Protection 'Standards) All treesvegetation not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third-partyAM arborist died -to review long-term viability of the tree. C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the eeRcatfiFetieff physical -barriers shall be based on the approximate age of the tree (height and canopy) as ifollowst Commented [CL32]: From ISA standards 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE —THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54.190." G. All tree protection measures shall -be -installed arm( shall be inspected by the City, and if deemed necessary, a Qualified Tree Professional, prior to beginning construction or earth TnovingJ Commented [CL33]: Modified from TMC 18.54.160 8. ) H. Any branches or limbs that are outside of the CRZ and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs except under the direct supervision of an ISA Certified 4boristl. I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. Commented [CL30]: Title of section revised from current code Commented [CL31]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as the tree protection criteria to be followed. CL Page 7 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL34]: The Committee discussed when or if to allow construction personnel to prune affected tree limbs. DRAFT TMC 18.54 TREE REGULATIONS Nanning Commission and Tukwila Tree and Environment Advisory Committee Revisions J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 eetlof the CRZ shall be approved by the City prior to implementation. L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection shall be conducted by the City is-rcguircd to finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 18.54.080 Tree Replacement Standards Commented [CL35]: Confirm with PW — is this a reasonable distance Staff have confirmed with the Acting Public Works Director that this language is OK. When tree replacement is required, the site shall be planted with trees to meet the following minimum Fequirementsi / Commented [CL36]: Existing code, TMC 18.54.130 3. with revisions as noted. A. Each existing Significant Tree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Replacement Fund. B. Tree Replacement Ratios: Table BA below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties)/ zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36 month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, are not required to be i-eplaced4 C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement(s)preject. Replaced trees that do not survive must be replanted in the next appropriate season for planting. i3 —If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Ttree Rfeplacement Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some CL Page 8 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL37]: This language added by the Planning Commission — similar to language in 18.54.110 C., below 20 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. TABLE BA: Tree Replacement Requirements Diamctcr* efTroc ocmovca (*mcvsurcd at 3 2 inches (any trunk of a multi trunk tree) Over 6 8 inches 3 4 Over 8 20 inches 6 Over 20 : the 8 Amount of Mature Tree Equivalent Stature Tree Number of Replacement kCanopi Removed Trees Up to 500 sq. ft. Small Canopy Tree 1 501-1000 sq. ft. Medium Canopy Tree 2 >1001 sq. ft. Large Canopy Tree 3 &D. Tree replacement shall also meet the standards in TMC 18.54.160. 18.54.090 Tree telocationJ Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table BA cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen (tree 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. CL Page 9 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL38]: We have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL39]: Committee direction is to look at other ways to establish the number of trees required for replacement — perhaps tie to the amount of canopy proposed replacement tree would provide. Commented [CL40]: When removal of a tree is proposed, the number of trees required for replacement will be based on what the mature tree canopy of the removed tree would have been, not the current tree canopy provided. Commented [CL41]: Moved from TMC 18.54.1305. to here. Commented [CL42]: Committee also added "installing" but that g covered in #2 below. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree Replacement funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree- pursuant to TMC 18.54.16 18.54.110 Performance Assurance I To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Removal Permit, subject to the following provision: A. Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance 'Assurance'. Where replacement trees are required, the applicant may be required to post a onetlwee-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one- year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. CL Page 10 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL43]: Need to confirm with Public Works. Commented [CL44R43): Public Works OK with this language. Commented [CL45]: Planning Commission expressed concerns about this section based on questions about liability for damage or injury from a street tree. Commented [CL46]: Revised from TMC 18.54.120 Commented [CL47]: Added by the Committee. Commented [CL48]: During the Advisory Committee's review, the question was raised on how to ensure the trees survive once the property is sold and the homeowner takes over maintenance. The last sentence of B. (highlighted) attempts to address this concern. 22 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be rcdccmcd enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 18.54.120 'Liability! A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Removal-0 Permit, be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Removal Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. [Mel applicant shall at all times protect improvements to adjacent Ovate properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.130 Permit Processing and Ourationl A. All Tree Removal Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. CL Page 11 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL49]: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. Commented [CL50]: Moved from Permit Conformance section 18.54.160 C. Commented [C1.51 ]: Existing text — moved from 18.54.150. 23 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions B. If the Tree Removal Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree Removal Permits expire one year after the date the permit is issued. 18.54.140 Permit xceptionsl A. Exception Procedures Commented [CL52]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the Cit4 Commented [CM]: Added by the Advisory Committee. ) Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria 1. The Director may grant exceptions from the requirements of this Chapter when undue hardship may be created by strict compliance with the provisions of this Chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Chapter. 2. An exception to this Chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed treeveget Lion removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional at the expense of the lapplican>l. Commented [CL54]: Staff suggested addition. 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. CL Page 12 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \22016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 stab edits accepted w/ PC and - Committee edits shown 24 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 18.54.160 Soil Preparation, Plant Material and Maintenance Standards' Commented [CL55]: New section A. Soil Preparation 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a Jepth f Commented [CL56]: A.1. And 2. Modified from TMC of 12 inches throughout the planting area. 18.52, landscaping regulations. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs Including' but not limited to: _i Commented [CM]: From TMC 18.52.070, landscaping regulations. a._Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material Standards' 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). tol.:ng into o nt g do oio nd tho situ 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. CL Page 13 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL58]: Text in this section adapted from TMC 18.52.060 Commented [CL59]: Accidental carry-over from Landscaping Chapter. 25 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. liNhereethere are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter lmendedI No more than 25% of the tree canopy shall be pruned in any two-year period except for fruit trees; thatwii 14 are being pruned to increase harvestkiotentij 2. 141II protected and replacement trees and vegetation shown in approved Tree Removal Clearing Permit ma ibis shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clearing Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA Ceertified Arborist Uti1°•°.,,,r ilor performed by the utility provider under the direction of an ISA Ceertified Arborist i4iticsSpeeiaaist. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Treed And Heritage 'Grove A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. B. Designation Criteria: A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or CL Page 14 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL60]: From TMC 18.52.060 8.4 J Commented [CL61]: Modified from 18.52.080 C. Commented [CL62]: Added by Committee to allow more aggressive pruning of fruit trees, if needed. Commented [CL63]: From TMC 18.54.160 D. Commented [CL64]: Deleted at suggestion of Seattle City Light (SCL) as contractors carrying out pruning have an ISA Certified Arborist on -site however not always with the Utilities Specialist qualifications. The SCL supervisor is typically a Utilities Specialist — this person would have discussed the pruning project ahead of time with the pruning contractor. Commented [CL65]: New section Commented [CL66]: Heritage Grove added to this section as criteria for designation were similar to those to designate a Heritage Tree. 26 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. C. of tr , bo :de e.J for 110 go Gr i[ odds feliewi ar-e-etistinetiye-either-due-te-sifert hope saeti-as-tfees-leeated-aleRg-str-eafn-baft4s7-w-tfees-le€ateel-aleng-Fidge lines; or 3,--The-gr-oye-has-a-etoc-cu:ReRte4-as&Gc-iatien-w4th-a4gstefic-a14igoferpfepe+tyr Of QC. Heritage Tree Development Review 1. When development is proposed for property that contains a Heritage Tree, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a guali€ied-arberist Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subiect property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. CL Page 15 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL67]: The rest of this section is from the City of Vancouver, Washington's heritage tree regulations. 27 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Removal Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown shall apply for a Tree Reraeval permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 tfiolationsl A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. CL Page 16 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL681: From landscaping Chapter, TMC 18.52.110. 28 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person lirvhoL,---• fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2_Removal or damage of tree(s) without applying for and obtaining required City approval Commented [CL69]: From landscaping Chapter is subject to a fine of $1,000 per tree, or up to three times the marketable value of / Commented [CL70]: RCW 64.12.030 allows treble each tree removed or damaged as determined by an ISA certified arborist. damages, not four. -2-3. Any fines paid as a result of violations of this Chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund, 25% into the General Fund. 34. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 4.5. Penalties are in addition to the restoration of removed plant mats -trees through the remedial measures listed in TMC Section 18.54.200. &6_It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial Measure4 In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Tree Removal Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table A:B C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter—aa4-appIieab[eL,--- E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. CL Page 17 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files \tong Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL71]: Remedial Measures from TMC 18.52.180, Enforcement and moved to be its own subsection. Items A and 8 are new; items C.— F. are existing text moved from TMC 18.54.180 D. Commented [CL72]: Revisions to TMC 18.45, the sensitive area regulations, will occur in 2018 and remedial measures for sensitive areas will be addressed there. DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. 18.54.210 enforcement A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this Chapter to ensure compliance with, and/or remedy a violation of this Chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Reraeval Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Remeval Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop W.ork" order, or during the suspension or revocation of a Tree Removal Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. injunctive relief.' Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Chapter or any provision of an approved Tree Removal Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Removal Permit or this Chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of Tree Remeval Permit issuance to ensure compliance with this Chapter. The permit process is complete upon final approval by the Director. CL Page 18 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL73]: Existing text from TMC 18.54 that reflects revisions to the Enforcement section. Commented [CL74]: Planning Commission requested additional information on the "threatening to violate" portion of this subsection. Staff research follows: This sentence would permit the Director of the Department to take action to initiate legal proceedings — usually the normal course of action is to take the issue to the City Council to obtain their authorization to initiate legal proceedings. This can be more time consuming in the face of an emergency than the Director being authorized to take action. This language is in the current TMC 18.54 and is proposed to carry forward into the draft going to the City Council. 30 Urban Forestry POLICIES 4.12.1 Develop a formal urban forest management plan to promote and guide preservation, restoration and maintenance of a sustainable urban forest, using the goals and policies of this chapter as a basis for guidance. 4.12.2 Ensure that the benefits of trees are factored into site design and permit decisions. 4.12.3 Ensure that regulations recognize that larger trees provide more benefits than small trees. 4.12.4 Seek to create and fund an urban forester/municipal arborist position within the City, or contract for such services, to provide expertise for urban forest management planning, oversight of tree planting and maintenance, and assistance to all City departments that have responsibilities for tree management. 4.12.5 Educate the public, elected officials and City staff about the importance of and benefits provided by trees in Tukwila. 4.12.6 Develop tree valuation methods to reflect the value trees provide, for use in assessing fines, determining damages or estimating Toss of tree benefits. 4.12.7 Identify funding sources to support urban forestry planning and management, and establish an urban forestry budget and account. 4.12.8 Consider developing an "exceptional" or"heritage"tree program to foster tree appreciation in the community. 4.12.9 Encourage public involvement in urban forest stewardship through volunteer events, free training workshops, and other means. Attachment C TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-22 31 GOAL.4.13 4vera#1 C►ty 'wide tree canopy increased to a total of2g%i by 2034 Canopy cover in ►ndiv►dualzoning categories increased oy 2034 as listed below Light lndustrialzones 3% inerease from 20%, to achieve23% covey .Heavy lndustrrat zones: 1 % increase from 9% to ochieve 10% zover Tukwila Urban Center and Tukwila Soythi increase front 13%, to achi 'OctCommercial= 3%•increase.from , 9 % to achieve32% cover 'arks 596 increase from 38% to achieve 43 b cover rc Rights of Way increase canopy coverage through Street tree plantir ecific canopy goal to be established based on future assessment floss of canopy cover it3 ►ndrvidual zoning c ategories, as fisted below: Low Density Residential: Maintain current Cty wide canopy coverage of 4i% edium- and ligh Density Residential: Maintain current City-wide coverage of40% POLICIES 4.13.1 Promote tree retention throughout the City by: • implementing educational programs for property owners and managers regarding tree selection and care, applicable regulations, selecting a qualified arborist, and other issues; • except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; • promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and • requiring financial assurances for required tree replanting and maintenance. 4.13.2 Improve retention of trees on steep slopes. * NOTE: Some public rights -of -way (such as WSDOT's) are not included in the total City-wide canopy calculation. Rights -of -way adjacent to public streets (i.e., where street trees would be planted) are included in each zoning category. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-23 32 4.13.3 Continue to protect trees in sensitive areas and the shoreline through relevant regulations. 4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies than the removed tree(s), except where existing or future infrastructure and/or public or private utilities impede the planting of large trees. 4.13.5 Develop mechanisms for protecting tree roots for public and private surface and underground infrastructure installation, including - in some cases - requiring the presence of a certified arborist when working in the critical root zone; replacement of trees where damage is unavoidable; and either requiring replanting or payment into a tree replacement fund as compensation, if planting on -site is not feasible. Establish reasonable procedures to ensure consideration of tree root protection during routine or emergency maintenance of existing utilities, and provide training to City and other public utility maintenance staff on root protection techniques. 4.13.6 Establish criteria for requiring professional assessment and corrective actions by property owners who damage code -required landscaping, street trees, or other required trees by topping, poor pruning practices or root disturbance. 4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on a site, establish procedures for off -site planting of replacement trees or payment into a dedicated tree replacement fund. 4.13.8 Develop tree planting and urban forest rehabilitation programs for City parks and other publicly -owned lands. Collaborate with other agencies, such as Washington's Department of Transportation, to promote planting in highway interchanges and other locations. 4.13.9 Collaborate with other government, non-profit organization, school and private sector entities, to promote urban forest management and restoration. 4.13.10 Provide flexibility in the landscape code to promote increased tree planting and/or planting of large canopy trees, and reward the preservation of existing healthy trees to assist in meeting the City's canopy goals. 4.13.11 Evaluate current parking lot landscape requirements to identify opportunities to increase tree canopy. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-24 33 NATUtiAL ENVIRONM11/4" GOAL 4.14 Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban forest is healthy, diverse, and safe. POLICIES 4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 4.141 Develop maintenance plans and programs for trees on City property or rights -of -way to ensure that maintenance pruning is properly carried out, that diseases and pest infestations are managed, that hazardous trees are identified and managed in a timely manner to reduce risks, and that invasive vegetation is properly managed. 4.14.3 Modify landscape code, and educate property owners, property managers, landscape maintenance companies and tree companies to promote best practices for soil preparation, planting techniques, pruning, trenching and general tree care. 4.14.4 Ensure that landscaping and replacement trees in new development or re -development are properly cared for and thrive in perpetuity, through such means as maintenance agreements, monitoring and enforcement. 4.14.5 Develop a mechanism to ensure that tree removal and maintenance companies have the necessary qualifications and liability insurance to work in Tukwila. 4.14.6 Modify landscape code to require diversity of tree species in landscape plantings and consideration of species already present in the vicinity. 4.14.7 Establish minimum standards and landscape specifications to ensure long-term tree health for street trees, required landscape trees and required replacement trees, including minimum soil volume, soil quality, plant quality, planting techniques, irrigation, mulching, tree pruning, and prohibition of topping. 4.14.8 Develop an approved/recommended tree list for street trees, landscape perimeter plant- ing and parking lots that recognizes the importance of the concept of "right tree, right place', taking into account available planting space and infrastructure/utility conflicts, and that considers the importance of species diversity, climate conditions, canopy coverage goals, allergy issues, urban wildlife benefits, and tolerance of urban conditions. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-25 34 4.14.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. 4.14.10 Perform vegetation management that is needed in utility rights -of -way that are located in sensitive areas or shoreline areas, in a manner that will maintain, restore or improve the shoreline or sensitive area ecological function. Implementation Strategies — Urban Forestry M Prepare and publish technical specifications for landscape professionals and landscape contractors reflecting best management practices/standards for achieving adequate soil conditions, plant quality specifications, proper planting techniques, proper mulch placement, tree care and pruning, and other relevant information. Prepare and make available technical guidance for homeowners on tree selection, planting, care, pruning, selecting a good arborist, and identifying and controlling invasive plants. NI Conduct volunteer activities in parks and other public areas to help carry out urban forest restoration plans, to remove invasive plants and plant native trees and other vegetation. Create "Adopt an Urban Forest," "Ivy Removal Team; or similar programs, to actively remove invasive plants and promote ongoing stewardship of urban forests in the City's parks and other public areas. if Add an urban forestry page to the City's website that contains information about programs, regulations, technical guidance, finding a certified arborist, and other relevant issues. • Expand the annual Arbor Day celebration to widen public participation; • Evaluate other jurisdiction's heritage tree programs, and reach out to business and resident community to determine interest in a heritage tree program in Tukwila. M Develop mechanisms for monitoring tree canopy growth, removal and replacement — in addition to periodic tree canopy assessments — using GIS and remote sensing methods; Review and amend, as necessary, SAO and Shoreline regulations to ensure consideration of tree retention, particularly in steep slope areas. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-26 35 Incorporate requirements in geotechnical studies to ensure evaluation of the role trees play in slope stability. N Develop incentives for increasing retention of trees on steep slopes. N Provide ongoing training for City staff from all departments on tree selection, site preparation, proper planting techniques, protection of tree roots during construction activities, proper pruning, and general tree care. Ni Prepare and publish technical specifications manuals for utility companies and City staff to identify techniques to protect tree roots during installation of public and private surface and underground infrastructure. NI Revise City regulations to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions. IN Prepare an urban forest inventory for publically-owned trees in the City. N Notify property owners about applicable tree regulations via inclusion of fliers in storm water utility bill, direct mailings, and media announcements. • Improve the frequency of landscape and tree replacement inspections, and increase enforcement. • Develop street tree plans for various parts of the City, taking into account the need for diversity for tree health and urban design issues. N Modify landscape, tree and right-of-way vegetation regulations, including consideration of a point system for landscape requirements, clarification of responsibilities for trees on City ROW, identifying incentive programs, and allowing for fines based on the value of trees damaged or removed. NI Develop street tree regulations that prioritize shade over ornamental needs. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-27 36 RELATED INFORMATION Natural Environment Background Report Tukwila Sensitive Areas Map Tukwila Shoreline Master Program WRIA 9 Salmon Habitat Enhancement Plan Abandoned Underground Coal Mine Hazards Assessment Report Tukwila Urban Tree Canopy Assessment Tukwila Municipal Code, Chapter 18.45 TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-28 37 38 TUKWILA MUNICIPAL CODE CHAPTER 18.54 TREE REGULATIONS Sections: 18,54.010 Title 18.54.020 Purpose 18.54.030 Scope 18.54.050 Permit - Exempt Activities 18.54.060 Permit - Mandatory Standards 18.54.070 Permit Required 18,54.080 Permit Application Materials 18.54.090 Waiver to Permit Materials 18.54.100 Permit application fee 18.54.110 Applicant Insurance Required 18,54.120 Applicant Security Required 18.54.130 Permit Approval Criteria 18.54.140 Permit Exceptions 18.54.150 Permit Processing and Duration 18.54.160 Permit Conformance 18.54.170 Violations 18.54.180 Enforcement 18.54.190 Liability 18.54.200 Conflicts with Existing Codes and Ordinances 18.54.010 Title This Ordinance shall be known as the City of Tukwila "Tree Ordinance," and may be so cited. (Ord. 1758 §1 (part), 1995) 18.54.020 Purpose This purpose of this chapter is to: 1. Mitigate certain environmental consequences of land development, and to maintain and improve the quality of Tukwila's urban environment. 2. Promote building and site planning practices that are responsive to the community's natural environment, without preventing reasonable development of land. 3. Regulate clearing of trees and understory vegetation in the City of Tukwila, in order to: a. Maintain and enhance the aesthetic, ecological and economic benefits provided by vegetation, such as: (1) providing wildlife habitat; (2) reducing runoff and soil erosion; (3) reducing air pollution; (4) masking noise; (5) reducing wind speed and urban "wind tunnels"; (6) energy conservation, cooling of urban centers; (7) increasing real property values; (8) enhancing visual and aesthetic qualities of the urban environment. b. Maintain the viability of existing stands of trees and understory vegetation. c. Promote retention of native vegetation in sensitive areas and their buffers, shoreline areas, and wildlife habitat areas. 4. Provide a means to implement the requirements of the Sensitive Areas Overlay District chapter of this title, relative to vegetation removal in sensitive areas and sensitive area buffers. (Ord. 1758 §1 (part), 1995) 18.54.030 Scope This chapter sets forth rules and regulations to control clearing of trees and understory vegetation within the City of Tukwila. (Ord. 1758 §1 (part), 1995) 18.54.050 Permit - Exempt Activities The following activities are exempt from the application of this chapter and do not require a Tree Clearing Permit: 1. Clearing of any vegetation; UNLESS the site on which clearing is to occur is located in a sensitive area, sensitive area buffer, or shoreline zone. 2, On sites within a sensitive area, or sensitive area buffer, or shoreline zone: a. Clearing of up to 4 significant trees on a site currently zoned and developed for single-family residential use within any 36-month period; UNLESS the significant trees to be removed are located within a wetland, watercourse and their associated buffers or within the shoreline zone. b. Clearing of any vegetation located outside a sensitive area, sensitive area buffer or outside the shoreline zone. c. Removal of hazardous trees. d. Routine maintenance of vegetation necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard or threat to public safety per TMC Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading Regulations." 8.28, Nuisances. e. Vegetation removal necessary to the operation of an established Christmas tree farm or commercial plant nursery. f. Construction and maintenance of streets and utilities within City -approved rights -of -way and easements. (Ord. 1758 §1 (part), 1995) 18.54.060 Permit - Mandatory Standards All removal of significant trees and understory vegetation shall be undertaken in accordance with the mandatory standards specified in this chapter, except as provided in the Waiver to Permit Materials or Exceptions sections of this chapter. (Ord. 1758 §1 (part), 1995) Attachment D Page 18-172 Produced by the City of Tukwila, City Clerk's Office39 TITLE 18 — ZONING 18.54.070 Permit Required No person shall conduct any clearing of vegetation without first obtaining a Tree Clearing Permit on a form approved by the Director; unless specifically exempted under this chapter. (Ord. 1758 §1 (part), 1995) 18.54.080 Permit Application Materials The following materials are required to obtain a Tree Clearing Permit: 1. Site Plan of the proposal, showing: a. Diameter, species name, location and canopy of existing significant trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all significant trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; d. Limits of any sensitive area and sensitive area buffer, and mean high water mark of the river. 2. Landscape Plan for the proposal, showing: a. Diameter, species name, spacing and location of replacement trees/vegetation to be used to replace vegetation cleared; b. Diameter, species name and location of all significant trees and vegetation to be retained; c. Proposed vegetation protection measures; d. Any other measures proposed to restore the environmental and aesthetic benefits previously provided by on - site vegetation. 3. Professional review or recommendation - Submittal of, or agreement to submit, a review, evaluation, recommendation or plan related to vegetation clearing or replacement prepared by a professional consultant(s), such as a landscape architect, surveyor, or certified arborist. Services may include, but are not limited to: a. Providing a written evaluation of the anticipated effects of proposed construction on the viability of trees on -site; and/or b. Developing plans for, supervising, and/or monitoring implementation of any required tree protection or replacement measures; and/or c. Post -construction site inspection and evaluation. 4. Sensitive area mitigation plan - Identify measures proposed for mitigation of vegetation clearing in a sensitive area and/or its buffer per the Sensitive Areas Overlay District chapter of this title. 5. Time schedule - Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone.. 6. Additional studies and conditions - The Director may require supplemental studies or other documentation, or specify conditions for work, at any stage of the application or project as he/she may deem necessary to ensure the proposal's compliance with the requirements of this chapter, the Shoreline Overlay District chapter or the Sensitive Areas Overlay District chapter of this title, or to protect public or private property. These conditions may include, but are not limited to, hours or seasons within which work may be conducted, or specific work methods. (Ord. 1758 §1 (part), 1995) 18.54.090 Waiver to Permit Materials The Director may waive the requirement for any or all plans or permit materials specified in this chapter upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement for permit materials shall not be construed as waiving any other requirements of this or related regulations. (Ord. 1758 §1 (part), 1995) 18.54.100 Permit Application Fee A. Fee required: A non-refundable permit application fee will be collected at the time of submittal of a Tree Clearing Permit application. The application fee will provide for the cost of plan review, administration and management of the permitting process, inspections, and processing of exceptions to standards and appeals pursuant to this chapter. B. Fee: The City shall collect a fee for processing a Tree Clearing Permit per TMC Section 18.88.010, except as otherwise noted in this chapter. C. Fee exception: No fee shall be required for vegetation clearing associated with land -altering activity approved under a Land -Altering Permit. (Ord. 2291, §1, 2010; Ord. 1758 §1 (part), 1995) 18.54.110 Applicant Insurance Required A. In addition to any permit materials or conditions specified pursuant to this chapter, if in the opinion of Director the nature of the work is such that it may create a hazard to human life or endanger adjoining property, then the Director may require the applicant to submit a certificate of insurance. B. The certificate must show that the applicant is insured against claims of damages involving personal injuries and property in an amount prescribed by the Director in accordance with the nature of the risks involved and the following minimum amounts: 1. Bodily injury liability: $1 million per occurrence. 2. Property damage liability: $1 million per occurrence. C. All insurance policies obtained in accordance with these provisions shall name the City of Tukwila as an "additional insured" and shall be written by a company licensed to do business in the State of Washington. (Ord. 1758 §1 (part), 1995) 18,54.120 Applicant Security Required To mitigate damages should they occur as a result of clearing which is not authorized by a Tree Clearing Permit, the Director may require from the applicant a bond, letter of credit, or other ProgOed by the City of Tukwila, City Clerk's Office Page 18-173 TUKWILA MUNICIPAL CODE means of security acceptable to the City. The following provisions shall apply in instances where such securities are required; 1. The required security shall be submitted prior to the issuance of a Tree Clearing Permit. 2. The security shall be equal to City Staff's best estimate of possible costs directly associated with replacement of cleared vegetation which has not been authorized to be cleared under a Tree Clearing Permit (e.g. the replacement of vegetation approved for retention, or the installation of replacement plantings which the applicant has failed to install as required). In no case shall the security exceed an amount equal to 2.5 times the current cost of replacing the plants per the Tree Replacement requirements of this chapter. 3. The security shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations, or following any prescribed trial maintenance period required in the permit. 4. Securities provided in accordance with this chapter may be redeemed in whole or in part by the City of Tukwila upon determination by the Director that the applicant has failed to fully comply, within the time specified, with approved plans and/or any remedial or enforcement actions mandated in accordance with this chapter. (Ord. 1758 §1 (part), 1995) 18.54.130 Permit Approval Criteria To the extent that vegetation retention and/or replacement is consistent with project feasibility or reasonable use of the property, vegetation clearing shall be planned and conducted to meet all of the criteria below. These criteria shall be the basis for approval, approval with conditions or denial of any tree clearing included in a Tree Clearing Permit application. 1. Tree Retention - Site improvements shall be designed and constructed to retain as many existing healthy trees as possible, and to meet the following criteria: a. Priority shall be given to retention of existing stands of trees, trees at site perimeter, trees within the shoreline Low -Impact Environment, in Sensitive Areas or Sensitive Area Buffers, and healthy mature trees. b. All understory vegetation within the essential root zone of protected trees shall be: (1) retained; OR (2) removed by methods which are non - damaging to the tree, and replaced with vegetation with horticultural requirements which are compatible with protected trees. c. Vegetation removal shall be undertaken in such a manner as to preserve, to the degree possible, the aesthetic and ecological benefits provided by such vegetation. 2. Tree Protection Measures - a. The proposal shall include tree protection measures which meet or exceed best management practices and current standards of professional arboriculture, and which are sufficient to ensure the viability of protected trees and other vegetation identified for retention pursuant to requirements of this chapter, and shall include measures sufficient to protect any Sensitive Area, its Buffer and vegetation within the shoreline Low - Impact Environment. b. During clearing and/or construction activities, all protected vegetation shall be surrounded by protective fencing which prevents adverse impacts associated with clearing from intruding into areas of protected vegetation. 3. Tree Replacement - The site shall be planted with trees to meet the following minimum requirements: a. Each existing significant tree removed shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre. b. Tree Replacement Ratios Diameter of Existing Tree Removed No. of Replacemen Trees Required 4-8inches 1 8-12inches 2 12 -18 inches 4 18 - 24 inches 6 >24 inches 8 c. Prior to any vegetation removal, the applicant shall demonstrate through a Landscape Plan, Sensitive Area Mitigation Plan or other materials required per the requirements of this chapter that vegetation replacement will meet the following minimum standards: (1) Minimum sizes shall be 2.5-inch caliper for deciduous trees, 6 to 8 feet in height for evergreen trees, 24 inches in height for shrubs, and 1 gallon for groundcover. (2) Replacement plants shall meet current American Association of Nurserymen standards for nursery stock; (3) Planting and maintenance of required replacement vegetation shall be in accordance with best management practices for landscaping which ensure the vegetation's long-term health and survival. 4. Surrounding Environment - The timing of, and methods to be used in any proposed vegetation removal shall be such that impacts to protected vegetation, wildlife, fisheries and the surrounding environment are minimized. 5. Tree Relocation - Tree relocation shall be carried out according to best management practices, and trees proposed for relocation shall have a reasonable chance of survival. (Ord. 1758 §1 (part), 1995) Page 18-174 Produced by the City of Tukwila, City Clerk's Offic%1 TITLE 18 — ZONING 18.54.140 Permit Exceptions A. Exception Criteria 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also consider any of the following in reviewing an exception request: a. The recommendation of a certified arborist supports the exception. b. The size of the site or project cannot support the number of required replacement trees, and off -site tree planting is proposed which furthers the goals of this chapter and other City policies. c. On -site planting of all required replacement trees is not feasible, and the project includes an equivalent contribution in funds and/or labor and materials for off -site tree planting as jointly agreed by the applicant and Director. d. Smaller -sized replacement plants are more suited to the species, site conditions, and to the purposes of this chapter, and are planted in sufficient quantities to meet the intent of this chapter. B. Retention and Replacement of Canopy Cover - or undeveloped sites or sites with dense stands of trees, where the cost of identification of individual tree species and sizes is inordinate relative to the project, the Director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees: 1. The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. 2. To meet the requirements for site canopy cover, canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be calculated at 314 square feet. C. Exception Procedures - An application for any exception from this chapter shall be submitted in writing by the property owner to the Director, and shall accompany the application for a Tree Clearing Permit. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The Director shall not grant an exception unless and until sufficient reasons justifying the exception are provided by the applicant, (Ord, 1758 §1(part), 1995) 18.54.150 Permit Processing and Duration A. If the proposed vegetation clearing and permit application meet the requirements of this chapter, the Director shall approve the application and issue the Tree Clearing Permit. All Tree Clearing Permits and exceptions shall be processed as Type 1 decisions. B. If the Tree Clearing Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. From the date of issuance, permits shall be valid for a period of 180 days. (Ord. 1770 §32, 1996; Ord. 1758 §1 (part), 1995) 18.54.160 Permit Conformance A. Plan Conformance - All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. B. Tree Protection Measures - All tree and vegetation protection measures shown on approved permit drawings shall be installed prior to initiation of any clearing or land -altering activity. C. Protection of Property - The applicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. D. Maintenance Responsibility - All protected and replacement trees and vegetation shown in approved Tree Clearing Permit materials shall be maintained in healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clearing Permit. (Ord. 1758 §1(part), 1995) 18.54.170 Violations The following actions shall be considered violations of this chapter: clearing, planting, relocation, or maintenance of vegetation not authorized under or in accordance with an approved Tree Clearing Permit, where such permit is required, or not in accordance with the provisions of this chapter. Each tree which is cleared, not replaced or not maintained as required by this chapter shall constitute a separate violation. (Ord. 1758 §1 (part), 1995) Progt2ced by the City of Tukwila, City Clerk's Office Page 18-175 safety hazard as prescribed by the Director. B. Injunctive relief- Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Tree Clearing Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access - 1. The Director may inspect a property for the purpose of inspection for compliance with the provisions of a Tree Clearing Permit or this chapter, consistent with TMC 8.45.070, Authority to Inspect. 2. Where deemed necessary by the Director to ensure compliance with permit requirements, upon completion of all requirements of a Tree Clearing Permit, the applicant shall request a final inspection by contacting the Director. The permit process is complete upon final approval by the Director. D. Remedial Measures Required - In addition to penalties provided for in this chapter, the Director may require any person conducting vegetation clearing in violation of this chapter to mitigate the impacts of clearing by carrying out remedial measures. The following provisions shall apply in instances where such remedial measures are required: 1. The applicant shall satisfy the permit provisions as specified in this chapter. 2. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter, and applicable standards for mitigation outlined in the Sensitive Areas Overlay District chapter of this title. 3. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice TUKWILA MUNICIPAL CODE 18.54.180 Enforcement and Order is issued pursuant to TMC 8.45.040, or within the time A. General - In addition to the Notice and Order measures period otherwise specified by the Director. prescribed in TMC Chapter 8.45, Civil Violations, as now in effect 4. The cost of any remedial measures necessary to or as amended hereafter, the Director may take any or all of the correct violation(s) of this chapter shall be borne by the property enforcement actions prescribed in this Ordinance to ensure owner and/or applicant. Upon the applicant's failure to implement compliance with, and/or remedy a violation of this Ordinance; required remedial measures, the Director may redeem all or any and/or when immediate danger exists to the public or adjacent portion of any security submitted by the applicant to implement property, as determined by the Director. such remedial measures, pursuant to the provisions of this 1. The Director may post the site with a "Stop Work" chapter. order directing that all vegetation clearing not authorized under a Tree Clearing Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which 18.54.190 Liability must be fulfilled before clearing may resume. A. Liability for any adverse impacts or damages resulting 2. The Director may, after written notice is given to the from work performed in accordance with a Tree Clearing Permit applicant, OR after the site has been posted with a "Stop Work" issued on behalf of the City within the City limits, shall be the sole order, suspend or revoke any Tree Clearing Permit issued by the responsibility of the owner of the site for which the permit was City. issued. 3. No person shall continue clearing in an area covered B. Issuance of a Tree Clearing Permit and/or compliance by a Stop Work order, or during the suspension or revocation of a with permit provisions or conditions shall not relieve an applicant Tree Clearing Permit, except work required to correct an imminent from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the City limits from the duty to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard or a nuisance, per TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. (Ord. 1758 §1 (part), 1995) (Ord. 1758 §1 (part), 1995) 18.54.21X1 Conflicts with Existing Codes and Ordinances A. Whenever conflicts exist between this chapter and federal, State or local laws, ordinances or regulations, the more restrictive provisions shall apply. B. Neither this chapter nor any administrative decisions made under it exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit. (Ord. 1758 §1(part), 1995) Page 18-176 Produced by the City of Tukwila, City Clerk's 0ffice43 44 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE PLANNING COMMISSION Prepared December 28, 2017 FILE NUMBERS: L17-0077: Revisions to TMC 18.54, Tree Code and revisions to TMC18.06, Definitions E17-0015: SEPA Checklist REQUEST: Public Hearing regarding revisions to TMC 18.06, Definitions to add urban forestry and landscaping terminology to the City's Zoning Code and the revision of TMC 18.54, Tree Regulations and. Based on direction from the Planning Commission staff will revise the regulations, which will then be forwarded to the City Council for review. PUBLIC HEARING: January 11, 2018 LOCATION: City wide STAFF: Carol Lumb, Senior Planner Andrea Cummins, Environmental Specialist ATTACHMENTS: A. Draft TMC 18.06: Revisions to Zoning Code Definitions B. Draft TMC 18.54: Clean Version with Advisory Committee and Planning Commission revisions C. Comprehensive Plan Urban Forestry Goals and Policies D. Current TMC 18.54 INTRODUCTION The current tree regulations were adopted 22 years ago in 1995, with minor revisions to the chapter in recent years. The landscaping regulations were adopted at the same time as the 1995 Comprehensive Plan was adopted. The update of the tree regulations is the final phase of a three-phase process: Phase 1: Establishment of the Tukwila Tree and Environment Advisory Committee: a team of Tukwila residents, business and professional experts, and Planning Commission and City Council representatives were appointed to guide development of Comprehensive Plan goals and policies on the natural environment and urban forestry. The Committee met from September, 2012 to May, 2013 and provided recommendations to the Planning Commission on the goals and policies. Attachment E Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 45 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 Phase 2: Update of the Natural Environment Element of the Comprehensive Plan incorporating the policy direction from the Advisory Committee: Planning Commission and City Council review and adoption of the revised Natural Environment Element, June to December, 2013. Phase 3: Revise landscape and tree regulations in the Zoning Code to implement the new Comprehensive Plan goals and policies on urban forestry. The Tukwila Tree and Environment Advisory Committee met in September and October, 2016 to review and revise draft landscaping regulations to forward to the Planning Commission. The Planning Commission then sent revised landscaping regulations to the City Council, which approved these regulations in March, 2017. The Advisory Committee met again in late September, 2017 through November 1, 2017 to review revisions to TMC 18.54, Tree Regulations, and TMC 18.06, Zoning Code Definitions and forwarded a recommendation on these two regulations to the Planning Commission for its review. A SEPA checklist was prepared for the update of the regulations; public notice was published in the Seattle Times November 16, 2017. No comments were received on the checklist. A Determination of Non -Significance was issued on December 27, 2017. BACKGROUND The Tukwila Planning Commission advises the Mayor and City Council on matters relating to land use, comprehensive planning and zoning (TMC2.36.030.) Additionally, all code cities are required to adopt development regulations that are consistent with and implement the City's Comprehensive Plan. (RCW 35A.63.105) The Tukwila Comprehensive Plan has the following policies regarding urban forestry. Any proposed regulation must implement and be consistent with these policies. Goa14.12 Trees are recognized by Tukwila citizens, business, City staff and decision -makers for their benefits to the environment, urban infrastructure and their aesthetic value. 4.12.2: Ensure that the benefits of trees are factored into site design and permit decisions. 4.12.3: Ensure that regulations recognize that larger trees provide more benefits than small trees. 4.12.8: Consider developing and "exceptional" or "heritage" tree program to foster tree appreciation in the community. Goal 4.13 Overall city-wide tree canopy increased to a total of 29% by 2034. Canopy cover in individual zoning categories increased by 2034 as listed below: Light Industrial zones: 3% increase from 20% to achieve 23% cover Heavy Industrial zones: 1% increase from 9% to achieve 10% cover CL Page 2 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\Staff Rpt. Tree Code 46 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 Tukwila Urban Center and Tukwila South: 5% increase from 13%to achieve 18% cover Office and Commercial: 3% increase from 29 %to achieve 32% cover Parks: 5% increase from 38% to achieve 43% cover Public Rights -of -Way: increase canopy coverage through street tree planting. Specific canopy goal to be established based on future assessment. 4.13.1 Promote tree retention throughout the City by: a. implementing educational programs for property owners and managers regarding tree selection and care, applicable regulations, selecting a qualified arborist, and other issues; b. except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; c. promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and d. requiring financial assurances for required tree replanting and maintenance. 4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies than the removed tree(s), except where existing or future infrastructure and/or public or private utilities impede the planting of large trees. 4.13.6 Establish criteria for requiring professional assessment and corrective actions by property owners who damage code -required landscaping, street trees, or other required trees by topping, poor pruning practices, or root disturbance. 4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on a site, establish procedures for off -site planting of replacement trees or payment into a dedicated tree replacement fund. Goal 4.14 Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban forest is healthy, diverse, and safe. 4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 4.17.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. CL Page 3 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Dra13 Tree Regs\Planning Commission\Staff Rpt. Tree Code 47 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 DISCUSSION OF PROPOSED CHANGES The Tukwila Tree and Environment Advisory Committee draft tree regulations (Attachments A and B) and draft revisions to the Zoning Code's Definitions, TMC 18.06 (Attachment C) contains proposed changes to the City's the Zoning Code. Below is a summary of each subsection of the draft Tree Regulations and Definitions. The proposed draft tree regulations and changes to definitions have been annotated to provide sources of the material and to note when the Advisory Committee or Planning Commission made changes to the initial staff draft. A. Proposed Revisions to TMC 18.06, Definitions A number of new definitions are proposed to be added to the Zoning Code to incorporate terminology that is related to urban forestry and the management of the City's tree canopy resources. Many of the proposed revisions are annotated to provide sources for the proposed changes. Proposed new definitions include: at -risk tree, critical root zone, diameter at breast height (DBH), dripline, exceptional tree, heritage tree or heritage grove, invasive plant and tree list, invasive tree, nuisance tree, pruning, qualified tree professional, risk, site disturbance, street tree, target or risk target, tree risk assessment, tree risk assessor, tree removal, topping, viable tree and windfirm. B. Proposed TMC 18.54, Urban Forestry and Tree Regulations: TMC 18.54.010. Purpose: The purpose section of the chapter has been expanded to add references to the new Comprehensive Plan goals and policies related to urban forestry, and low impact development and to recognize the benefits that trees provide to the built environment. TMC 18.54.020: Scope: This subsection is a carry-over from the current regulations. TMC 18.42.030. Tree Permit Required: Revisions to this subsection anticipate a variety of Tree Permits, depending on whether: tree removal is the objective; or work will occur in the critical root zone; a Heritage Tree is proposed for removal or more than 20% of existing crown is proposed for pruning; or removal is related to utility work. The subsection also identifies activities that are exempt from the need for a Tree Permit and when an arborist's report must be submitted as part of the Tree Permit. TMC 18.54.040. Permit Submittal Requirements: Most of this subsection is from existing Tree Code. Single family tree removal is proposed to be regulated differently with a Tree Inventory Survey rather than a Tree Permit required. TMC 18.54.050. Permit Approval Criteria, General: This subsection has been revised to provide general guidance on the criteria for permit approval. The criteria are then spelled out in more detail in proposed TMC 18.54.060, 18.54.070, 18.54.080 and 18.54.110. CL Page 4 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\StaffRpt. Tree Code 48 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 TMC 18.54.060. Tree Retention Standards: This subsection is an expansion on the current requirements found in TMC 18.54.130 1. The proposed revisions to this section would allow DCD to require reasonable alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. The City currently has the ability to require this for projects within the shoreline jurisdiction. Topping of trees is prohibited and considered removal. Protection of trees is to be a major factor in the location, design, construction and maintenance of streets and utilities — removal or significant damage is to be mitigated. TMC 18.54.070. Tree Protection Standards: This subsection is an expansion on the current tree protection measures found in TMC 18.54.130 2.a. Many of the standards found in this subsection are drawn from International Society of Arboriculture guidance on tree protection. TMC 18.54.080. Tree Replacement Standards: This subsection is an expansion on the current tree protection measures found in TMC 18.54.130 2.b. The method of determining the number of replacement trees has been revised to tie replacement to tree canopy lost rather than on the diameter of the tree at breast height. TMC 18.54.090. Tree Relocation: The language in this subsection is relocated from current code found in TMC 18.54.130 5. TMC 18.54.100. Tree Replacement Fund: A new subsection has been added to codify the City's Tree Replacement Fund, which applicants may pay into if the number of replacement trees required cannot be accommodated on -site. This subsection provides criteria for determining how the cost of a replacement tree is determined, and what the funds may be used for. At the request of single family property owners, the funds may also be used to plant a street tree in the single-family district on properties improved with a single family dwelling. TMC 18.54.110. Performance Assurance: This subsection is an expansion of existing code on financial security required of applicants. The distinction has been made between assurance required to ensure tree protection during construction and financial assurance required to ensure required replacement trees are maintained during the period in which they are becoming established on site. TMC 18.54.120. Liability: The language in this subsection is currently located in TMC 18.54.190 — only minor revisions have been made to recognize the proposed name of the tree permit and to correct referenced to the code enforcement section of the City's municipal code. TMC 18.54.130. Permit Processing and Duration: The language in this subsection is currently located in TMC 18.54.150 — only minor revisions have been made to recognize the proposed name of the tree permit. The duration of the tree permit has also been extended from the current 180 days to one year for date of issuance. TMC 18.54.140. Permit Exceptions: The language in this subsection is currently located in TMC 18.54.140 — only minor revisions have been made to the text. CL Page 5 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission \Staff Rpt. Tree Code 49 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 TMC 18.54.150. Permit Conformance: The text in this subsection is currently found in TMC 18.54.160 A. The remaining items found in TMC 18.54.160, such as tree protection and maintenance responsibility have been relocated to other subsections of the draft code. TMC 18.54.160. Soil Preparation, Plant Material and Maintenance: This is a new subsection, intended to provide guidance for applicants who must plant replacement trees on how to prepare the site, the selection of plant material and guidance on tree maintenance and pruning. The standards in this subsection are drawn from the recently adopted Landscaping Regulations. TMC 18.54.170. Heritage Trees and Heritage Groves: This is a new subsection, which would permit the designation of a tree or groves of trees that have exceptional national, state or local historical significance to the City. If a nominated tree is on private property, the property owner must consent to the nomination and designation. The subsection also provides guidance on pruning of Heritage Trees. TMC 18.54.180. Approved and Prohibited Trees: This is a new subsection establishing authority for the City develop a list of trees that may be planted and a list of trees that are prohibited from planting for required replacement trees. TMC 18.54.190. Violations: This is a new subsection establishing regulations in the event of violations of the Tree Code. The regulations in this subsection have been adapted from those found in the Landscaping Chapter, TMC 18.52.110. TMC 18.54.200. Remedial Measures: Portions of this subsection have been moved from the existing TMC 18.54.180 Enforcement (items C-F); items A. and B. are new. Among the requirements, the subsection directs that tree canopy lost due to tree removal shall be replaced — either on site or by payment into the Tree Replacement Fund. TMC 18.54.210. Enforcement: The text in this subsection is currently found in TMC 18.54.180 with minor revisions to recognize the change in the name of the tree permit. REQUESTED ACTION Hold the public hearing on the proposed changes, deliberate and make a recommendation to the City Council on revisions to TMC 18.06 and TMC 18.54. CL Page 6 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\StaffRpt. Tree Code 50 Michael R. Kenyon Rachel B. Turpin Ann Marie J. Soto Kim Adams Pratt David A. Linehan Charlotte A. Archer Alexandra L. Kenyon Eileen M. Keiffer Hillary E. Graber Kendra R. Comeau TO: Planning Commission Members Carol Lumb, Senior Planner FROM: Ann Marie Soto, Assistant City Attorney OLS DATE: January 2, 2018 RE: Tree Liability Doug F. Mosich Of Counsel Shelley M. Kerslake 1967 - 2014 This memorandum addresses general liability issues related to trees abutting the right-of- way in light of the City's pending review of tree code amendments. A. Private Property. The general rule is that a property owner is liable for damage caused by trees, and their roots, which extend onto the private property of another. Property owners have a duty to protect abutting private properties from encroachments and damage caused by such encroachments. See Forbus v. Knight, 24 Wn.2d 297, 313 (1945). To that end, an abutting owner will likely be found liable for tree root damage to a sidewalk resulting from trees on their property, but adjacent to the right-of-way line. See Rosengren v. City of Seattle, 149 Wn. App. 565, 575 (2009) ("an abutting land owner has a duty to exercise reasonable care that the trunks, branches, or roots of trees planted by them adjacent to a public sidewalk do not pose an unreasonable risk of harm to a pedestrian using the sidewalk"). B. Street Trees. As a preliminary matter, cities generally have only an easement interest in right-of-way and do not own streets and sidewalks. The mere fact that a tree is in the improved portion of a right-of-way does not make it a tree for which a city is responsible. Thus, traditionally, abutting property owners may plant, maintain, and remove trees in the planter strip, and a municipality cannot remove such trees unless they are a hazard or a nuisance. See Shaw v. City of Yakima, 183 Wn.2d 200 (1935). However, municipalities, such as Tukwila, often require regular maintenance of trees and permits for tree removal, and sometimes require planting and maintenance of trees in connection with development. Where the tree is planted and maintained by the city (or planted at the behest Attachment F Kenyon Disend, PLLC The Municipal Law Firm I I Front Street South Issaquah, WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 www11yondisend.com of the city in connection with development), then the city may be potentially liable depending on the specific facts. On the other hand, a city would not likely be liable for damage caused by roots from a tree in the right-of-way if the city did not plant and does not maintain the tree. Likewise, municipalities have a duty to provide reasonably safe roads for the public to drive upon. Owen v. Burlington N. Santa Fe R.R., 153 Wn.2d 780, 788 (2005). Whether a municipality breaches this duty depends on the answers to factual questions: Was the road reasonably safe for ordinary travel, and did the municipality fulfill its duty by making reasonable efforts to correct any hazardous conditions? Thus, the Courts have held that a municipality has a duty to take reasonable steps to remove or correct for hazardous conditions that make a roadway unsafe for ordinary travel, including conditions which are not present in, but are adjacent to, the roadway, and this duty explicitly includes removing or correcting hazardous conditions created by roadside vegetation. Wutrich v. King County, 185 Wn.2d 19, 27 (2016). In summary, with respect to liability for street trees, the following questions will likely come into play: (1) who planted the tree, (2) who is responsible for maintaining it, and, specifically for road hazards, (3) was the road reasonably safe for ordinary travel, and (4) did the municipality fulfill its duty by making reasonable efforts to correct any hazardous conditions? Please feel free to contact us if you have questions or need further information. -2- 52 Carol Lumb From: Sent: To: Subject: Attachments: Carol - Robin Tischmak Thursday, December 28, 2017 4:18 PM Carol Lumb Tree Regulation Comments Draft Tree Regulations - PW Comments.docx Attached are comments and concerns that PW is requesting for consideration and inclusion in the final regulations. Let me know if you have any questions. Robin Tischmak City Engineer 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 206-431-2455 The City of opportunity, the community of choice. 1 Attachment G 53 Robin's Comments Regarding Proposed Landscaping Regulations • General discussion of Public Works approach to maintenance of landscaping/trees in the public rights -of -way. New capital improvement projects (both public and private) continue to install new landscaping and street trees within the public rights -of -way for variou.s_beneficial reasons. Staffing that maintains said vegetation has not increased along with this increased workload. Therefore, PW staff generally maintains newly installed landscaping during the establishment period. These areas often include irrigation systems to avoid plant mortality during the dry, hot summer months. Landscaping installed by private development is generally maintained by the private entity for a prescribed establishment period. After landscaping and street trees are established, staff relies on some level of support from abutting property owners as maintenance of all vegetation in the public rights -of - way by City staff is not possible. The expected level of support is generally as outlined in the TMC. There are varying levels of support from private property owners, but City staff generally takes responsibility for issues that appear to extend beyond the normal capacity of property owners. While this may seem ambiguous, the City accepts maintenance help from proactive property owners, but generally accepts responsibility for maintenance issues in the right-of-way if public infrastructure is at risk or if an issue is left unattended. Rarely, if ever, has the City enforced a maintenance provision of the TMC on a property owner for vegetation issues within the right-of- way. • Public Works has had the opportunity to review the Draft Tree Regulations and request the following revisions to reduce or eliminate conflicts with TMC Chapter 11.20 18.54.030 Tree Permit Required Revise C.3. to include: "routine maintenance within rights -of -way related to Interference, Sight Distance, Emergencies or Topping as codified in Chapter 11.20 of the TMC." Add an exemption for the removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right-of-way. 54 SIGNIFICANT TREE SIZE COMPARISON JURISDICTION SIZE OF SIGNIFICANT TREE (in inches) # TREES PERMITTED TO BE REMOVED (outside of environmentally sensitive areas) PERMIT REQUIRED? (outside environmentally sensitive areas) Bothell 8 10% of significant trees to be retained — applies to all new development. Land Clearing permit during development process. Burien 6 Must keep 30% of trees on SF site at time of development No Des Moines 6 Up to 2,000 sq. ft. may be cleared w/out a permit if area is outside a sensitive area. No, if < 2,000 sq. ft. is being cleared & other exemption criteria are met. Kent 6 Retention of trees is regulated at the platting stage with required tree density required per acre and subsequent retention. No restrictions on number of trees that can be removed on a single family lot that was not developed under the current regulations. No Kirkland 6 2 in 12 month period provided: a. There is no active application to develop the site; b. The trees were not required to be retained as part of a previous development of the site; c. Two trees remain on the site. In some cases, tree replacement is required. Yes, type of permit depends of number of trees removed Lake Forest Park 6 2 in 36-month period Renton 6 Sliding scale depending on size of lot: • Up to 10,000 sq. ft: 2/12 months -max of 4/60 months; • 10,001-20,000 sq. ft. 3/12 months -max of 6/60 month; • Lots > 20,000 sq. ft.: 6/12 months -max of 12/60 month Yes SeaTac 8-evergreen 12-deciduous Tree retention applies only to platting proposals No Seattle 6 3 in 12-month period Yes Tukwila 4 4 in 36 month period No if 4 trees or Tess are removed in 36 month period. CL Page l of 1 W:\\Sharepoint\Long Range Planning\2016-2017 Landscaping and Tree Code Update\Draft Tree Regs\PC Review\Chart-Significant Tree Size Attachment H 1/2/2018 5:48 PM 55 Department of Commerce Notice of Intent to Adopt Amendment 60 Days Prior to Adoption Indicate one (or both, if applicable): ❑ Comprehensive Plan Amendment ® Development Regulation Amendment Pursuant to RCW 36.70A.106, the following jurisdiction provides notice of intent to adopt a proposed comprehensive plan amendment and/or development regulation amendment under the Growth Management Act. Jurisdiction: City of Tukwila Mailing Address: Dept. of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, WA 98188 Date: January 5, 2018 Contact Name: Carol Lumb Title/Position: Senior Planner Phone Number: 206-431-3661 E-mail Address: Carol.Lumb@Tukwilawa.gov Brief Description of the Proposed/Draft Amendment: If this draft amendment is provided to supplement an existing 60-day notice already submitted, then please provide the date the original notice was submitted and the Commerce Material Revisions to TMC 18.54, the City's Tree Regulations to address Urban Forestry Goals and Policies of the City's Comprehensive Plan and additions and revisions to TMC 18.06, Definitions of the Zoning Code, to provide updated landscaping and urban forestry terminology. ID number located in your Commerce acknowledgement letter. Is this action part of the scheduled review and update? GMA requires review every 8 years under RCW 36.70A.130(4)-(6). Yes. No. _X_ Public Hearing Date: Planning Board/Commission: 1-11-18 Council/County Commission: TBD Proposed Adoption Date: End of First Quarter, 2018 Rev 06/2016 Department of Commerce REQUIRED: Attach or include a copy of the proposed amendment text or document(s). We do not accept a website hyperlink requiring us to retrieve external documents. Jurisdictions must submit the actual document(s) to Commerce. If you experience difficulty, please contact reviewteam a(�commerce.wa.gov Rev 06/2016 r City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director CHAIR, MIGUEL MAESTAS; VICE -CHAIR, NHAN NGUYEN; COMMISSIONERS, SHARON MANN, MIKE HANSEN, LOUISE STRANDER, AND DENNIS MARTINEZ PLANNING COMMISSION WORK SESSION AGENDA DECEMBER 14, 2017 - 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS Continuance of the November 16, 2017 review of draft tree regulations and revisions to Zoning Code definitions that relate to urban forestry and landscaping. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov City of Tukwila Planning Commission PLANNING COMMISSION WORKSESSION MINUTES Date: November 16, 2017 Time: 5:50 PM Location: Council Chambers Present: Chair, Miguel Maestas; Vice -Chair Nhan Nguyen; Commissioners Mike Hansen, Sharon Mann, Louise Strander and Dennis Martinez Staff: Minnie Dhaliwal, Planning Supervisor; Carol Lumb, Sensor Planner; Andrea Cummins, Urban Environmentalist, and Wynetta Biven Planning Commission Secretary A work session was held on the proposed revisions to TMC. 8:54, Tree Regulations and revisions to definitions found in TMC 18.06 related to landscaping urban forestry an tees. Carol Lumb, Senior Planner, Department of Community Development explained he,process and how they arrived at the documents provided for the -Planning niinission s reviewer 2 Andrea Cummins walked through the key definitions, and;ihe and Carol Lumb answered questions. Commissioner Strander requested instead f oldi g the^ public. hearing scheduled on this topic in December that another work session is held.so,that the:PC'ean.thoronghly go through the document. The Planning Gomrriission was imt onsensus. \ / \Action Items: \ \ • Commissioner St• rander inquired on other jurisdictions codes and what they designate as their average width ofsignificate trees. -she/requested that staff provide more information regarding the difference,forsTukwila compared to other jurisdictions at the December meeting. Commissioner Nguyen suggested staff make sure the designated size is evidence 'based. \ \ :. • Commissioner Martinez requested verbiage be added to the invasive nuisance tree definition.. regarding damage to underground utilities from trees. • Commissioner Strander requested more information from the city Attorney on the property o ner•'s�liability regarding street trees, as set forth in TMC 11.20. Commissioner Mann acknowledged the staff for their efforts. Adjourned: 6:30 PM Submitted by: Wynetta Bivens Planning Commission Secretary •1 City of Tukwila Planning Commission PLANNING COMMISSION PUBLIC HEARING MINUTES Date: November 16, 2017 Time: 6:30 PM Location: Council Chambers Present: Chair, Miguel Maestas; Vice Chair, Nhan Nguyen; Commissioners, Mike Hansen, Sharon Mann, Louise Strander, and Dennis Martinez Staff: Minnie Dhaliwal, Planning Supervisor; Moira Bradshaw; or Planner, and Wynetta Bivens, Planning Commission Secretary Chair, Maestas called the public hearing to order at 6:35 PM. Adoption Commissioner Mann made a motion to tthe 10/26/17 min of Minutes: Commissioner Strander seconded the motion. Commissioner Maestas requested one"porrection. Pie motion passe Chair Maestas swore in those wishing to provide testimon ened the public hearing. The Commissioners were asked the Appe anct airness questibhs Commissioner Mann disclosed that she is the Co -Chair of TIBAC and has been mvo'1 ed in the planning and progress of Tukwila Village. No one was opposed to Commissioner Mann hearing thcas ING COMMISSION REVIEW I. STAFF.PRESENTATTON i Moira -Bradshaw, Se or Planne ;\Department of Community Develop, gave the presentation. She Provided\background on tli rprojeo nd went over the design criteria. Staff recoinanended approyahwith four conditions as listedm the November 6, 2017, staff report. II. APPLICAANiT. <PRESEN. ATION Diana Keys, Director of Housing, Johnson Braund gave the presentation for the applicant. She provided a detailed description of the project and answered questions. III. PUBLIC TESTIMONY Bryan Park, Tukwila Village Developer, provided information on the timeframe for completion of the project. 3 TO: FROM: DATE: SUBJECT: City of Tukwila Department of Community Development - Jack Pace, Director MEMORANDUM Tukwila Planning Commission Carol Lumb, Senior Planner Andrea Cummins, Urban Environmentalist December 5, 2017 December 14, 2017 Planning Commission Meeting Allan Ekberg, Mayor The December 14, 2017 Planning Commission meeting will be devoted to a work session to continue review of the draft. Tree Regulations. Staff proposes to review the draft Tree Regulations section by section and take questions as we move through the document. Please bring the draft Tree Regulations and revised definitions you received as part of the November 16th meeting packet with you on December 14th At the November 16th Commission meeting, additional information was requested on the size of significant trees in other jurisdictions, and property owner responsibility for trees in the right-of-way, as set forth in TMC 11.20.150. Staff is compiling information about significant tree sizes and has requested information from Public Works staff on TMC 11.20.150. This information will be provided at the public hearing. In addition, Commissioner Martinez requested a revision to the "nuisance tree" definitions to include underground utilities. Staff suggests the following language (shown in underline): Nuisance Tree: means a tree that is causing obvious physical damage to structures, including, but not limited to, sidewalks, curbs, the surfaces of streets, parking lots, or driveways, underground utilities, or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. Staff proposes to hold the public hearing on the Tree Regulations and revised definitions on January 11, 2017 as the agenda for your January 25th meeting already has two major items on it - accessory dwelling unit regulations and a design review project. This will allow us to stay on track with Council review of the draft Tree Regulations and revisions to definitions starting in February. As you continue your review of the draft Tree Regulations, please let staff know if there are other items that you would like additional information on so that we can bring responses to your January meeting. We look forward to seeing you on the 14th. Please let me know if you have questions prior to the meeting. I can be reached at 206-431-3661 or Carol.Lumb@Tukwilawa.gov. Tukwila City Hall • 6200 Southeenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 5 City of Tukwila Tian Ekberg, Mayor Department of Community Development - Jack Pace, Director CHAIR, MIGUEL MAESTAS; VICE -CHAIR, NHAN NGUYEN; COMMISSIONERS, SHARON MANN, MIKE HANSEN, LOUISE STRANDER, AND DENNIS MARTINEZ WORK SESSION - 5:30 PM AND BOARD OF ARCHITECTURAL REVIEW AGENDA NOVEMBER 16, 2017 - 6:30 PM TLTKWILA CITY HALL COUNCIL CHAMBERS WORK SESSION - 5:30 PM — 6:30 PM I. II. III. • Work session on proposed revisions to TMC 18.54, Tree Regulations and revisions to definitions found in TMC 18.06 related to landscaping, urban forestry and trees. CALL THE MEETING TO ORDER ATTENDANCE ADOPTION OF 10-26-17 MINUTES IV. CASE NUMBER: APPLICANT: REQUEST: LOCATION: L17-0056 Design Review Bryan Park for Tukwila Village Development Associates, LLC Building B, the final building in Tukwila Village to be designed and reviewed by the BAR is a mixed income senior building with 1,865 square feet of commercial space on the ground floor facing S. 144th Street. It is a five -story building with 125 dwelling units, residential amenities, landscaping, service areas and 86 parking stalls in the ground floor of the structure and 34 surface parking stalls. 4410 S. 144th Street; north side of S. 144th Street the east side of Tukwila International Boulevard V. DIRECTOR'S REPORT VI. ADJOURN Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila Planning Commission FROM: Carol Lumb, Senior Planner Andrea Cummins, Urban Environmentalist DATE: November 6, 2017 SUBJECT: TMC 18.54, Tree Regulations Update ISSUE Update the City's tree regulations, found in TMC 18.54, to implement new urban forestry Comprehensive Plan goals and policies. BACKGROUND The current tree regulations were adopted 22 years ago in 1995, with minor Zoning Code revisions in recent years. Recognizing the sensitive nature of the policy decisions to balance environmental quality, property rights, aesthetics and natural functions, the Council developed a three-phase process to update this code, as well as the landscaping code, as follows: Phase 1: Tree and Environment Advisory Committee: team of Tukwila residents, business and professional experts, and Planning Commission and City Council representatives appointed to guide development of goals and policies on the natural environment and urban forestry. Committee met from September, 2012 to May, 2013 and provided recommendations to the Planning Commission. Phase 2: Update of the Natural Environment Element of the Comprehensive Plan incorporating the new policy direction from the Advisory Committee: Planning Commission and City Council review and adoption of the revised Natural Environment Element, June to December, 2013. Phase 3: Using the Advisory Committee process again, revise landscape and tree regulations in the Zoning Code to implement the Comprehensive Plan. The landscaping regulation changes were approved by the City Council in March, 2017. The current effort to update the tree regulations will complete work on implementing the Comprehensive Plan urban forestry goals and policies. DISCUSSION The Tree and Environment Committee re -convened in late September, 2107 to assist with the initial review of draft changes to the tree regulations found in TMC 18.54 and to review revisions to existing definitions in the Zoning Code and proposed new terms that relate to trees and landscaping, particularly the goal establishing tree canopy percentages for all zoning districts in the City. The Committee completed its work on November 1, 2017 and is forwarding proposed revisions to TMC 18.54 and revisions to the Zoning Code Definitions Chapter, TMC 18.06 for the Planning Commission's review. CL 9/15/2017 11:39 AM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelTree CodelPlanning CommissionlPC Info Memo 11-16 17 91 INFORMATIONAL MEMO Page 2 No change is proposed to the size of a significant tree, which is four inches in diameter, measured at breast height (DBH) or the number of trees that can be removed from a single- family lot, which is four (4) in a three-year period as long as the trees are between 4-8" in diameter. Among the code changes recommended by the Advisory Committee are: • A no -fee Tree Inventory Survey for the removal of 1-4 trees on a single-family property improved with a single-family dwelling. This will allow the City to track the number of trees removed each year to gauge whether the Comprehensive Plan goal of maintaining 47% tree canopy in single-family residential is being met. • No tree removal on vacant lots prior to approval of a development proposal. • Removal of more than 4 trees in a 3-vear period would require a permit (fee required) and possibly an arborist's report, and replacement either on -site or payment into the tree fund. This is the same as the current code, except for requiring an arborist report at the Director's discretion. • As part of development such as a short plat or subdivision, tree protection is required for trees that are retained. Trees that are removed must be replaced based on a sliding scale based on the tree canopy lost. • Alterations may be required to the layout of development to preserve trees on -site (this same language is found in the shoreline regulations). • Exceptional trees, those over 18-inches DBH, cannot be removed without an arborist report and a tree permit. Replacement at the appropriate ratio would be required. • A Heritage Tree program is proposed to recognize trees that are exceptional in size, or have historical significance to the community etc. The property owner must agree to the designation of a Heritage Tree for a tree on their property. • Similar to the landscaping code — the violations section is expanded and penalties are proposed for the removal of trees without a permit • The Tree Replacement Fund is codified and uses of funds specified. RECOMMENDATION This memorandum and the accompanying work session sets the stage for the public hearing that will be held on December 14, 2017 on the proposed revisions. ATTACHMENTS A. Draft revisions to Definitions, TMC 18.06 in strikeout/underline format showing staff proposed changes and Advisory Committee revisions. B. Draft revisions to TMC 18.54, Tree Regulations, in Strikeout/Underline form. This version shows the current Chapter 18.54 with both staff proposed changes and Advisory Committee changes. C. Draft revisions to TMC 18.54, Tree Regulations, with the staff proposed changes accepted, Advisory Committee revisions shown in strikeout/underline. D. Current TMC 18.54. E. Urban Forestry Comprehensive Plan Goals and Policies. CL 11/6/2017 2:28 PM §Y(2Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelTree Code\Planning Commission\PC Info Memo 11-16-17 TMC 18.06: Revised or New Definitions Note: New text is shown as underlined text; text proposed for deletion is shown in strikeout. This list of definitions includes existing definitions as well as proposed new definitions related to trees and landscaping. ######### At -Risk Tree "At -Risk Tree" knean4 a tree that is exposed to potential dama • e but can be retained during i construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. 18.06.125 Canoed "Caliper" means the AmericanHoriJaccepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six6-inches above the ground for up to and including four -inch caliper size trees and 12 inches above ground for larger size trees.I 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. 18.06.135 Canopy Cover' "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a the site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the Citv's Recommended Tree List. 18.06-140 Certified Arborist: "Certified Arborist"-, see "Qualified Tree Professional" Commented [CL1]: This is a new definition from Lake 1 Forest Park with revisions proposed by staff. to as "Diameter at Breast Height — DBH". Commented [CL2]: Current definition with revisions from 1 Kirkland definition. JI Commented [CL3]: "AmericanHort" is the professional association formerly known as the American Nursery and Landscape Association, which merged with the Association of Horticultural Professionals to become AmericanHort. Commented [CL4]: This definition applies to nursery stock for new trees being planted and is distinguished from measuring diameter of existing trees. Existing trees are measured 4.5 feet from the ground, which is also referred Commented [CLS]: Current definition with additions from Lake Forest Park. 18.06.145 Clearing' Commented [CL6]: No change proposed. "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; CL Page 1 of 8 11/8/2017 1:04 PM W:\SharePoint\\long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed Attachment A 93 TMC 18.06: Revised or New Definitions and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. Critical Root froned "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a qualified professional (example: a 24-inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter). Commented [CL7]: Lake Forest Park We propose using this term rather than "Essential Root Zone' Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches l/f commented [CL8]: ISA source of definition Dead fired "Dead Tree" means a tree with no live crown and no functioning vascular tissue. 18.06.199 Defective f rres "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and 3. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. Diameter at Breast IHeightfiDBH1 "Diameter at Breast Height (DBH)" means the diameter of existing Trees measured four and one-half feet above theground. �iriplin+I "Oripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater (this from Lake Forest Park). CL Page 2 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed Commented [CL9]: Lake Forest Park. Commented [COO]: This definition was added when the landscaping code was revised in March, 2017. Commented [CL11]: Lake Forest Park Commented [CL12]: From Kirkland and Lake Forest Park 94 TMC 18.06: Revised or New Definitions bpyer+d-thc canopy. Commented [CL13]: Proposed using the term "Critical j Root Zone" rather than this term. Exceptional Tree "Exceptional Tree" means a tree that is at least I1824 inches in diameter (DBH . For trees with two stems, if the stems have a combined total diameter of at least 24 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 1824 inches, the tree shall be considered an Exceptional Tree. 18.06.380 Groundcover "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface Hazardous Tree See "Defective jfreet'. Commented [CL14]: Size of Exceptional Tree revised byiCommittee. Commented [CL15]: This definition revised when landscaping code revisions were adopted in March, 2017. Heritagejrreelor Heritage Grove—__ ____ Commented [CL16]: Issaquah "Heritage Tree" means a tree or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Invasive Plant and Tree List "Invasive Plant and Tree List" means the City list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights -of -way - Invasive .Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco-system. I Commented [AC17]: ISA source for definition.J Landscape Design Professional "Landscape Design Professional" means a landscape architect peFsen licensed by the State of Vashingtonl .88.030 or �/ Commented [CL18]: This definition added to reflect new an individual who has graduated from an et4lef accredited landscape design programefessienal. landscape code and text in TMC 18.52 that identifies those individuals who may prepare landscape plans for projects. CL Page 3 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed j TMC 18.06: Revised or New Definitions 18.06.490 Landscaping or Landscaped Areas "Landscaping or Landscaped Areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. Pdaddition, landscaping or landscaped areas may also serve as bioswales to reduce storm water runoff, subject to the standards of this Chapter and TMC Chapter 14.30. Mulch "Mulch" means wood chips bark or other organic material that covers the ground for weed control and water retention purposes. 18.06.586 Native Vegetation "Native vegetation" means vegetation with a genetic origin of Western Washington, Northern Oregon and Southern British Columbia, not including cultivars. Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures, including, but not limited to sidewalks curbs the surfaces of streets parking lots, or driveways, or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. 18.06.645 Protected Tree/Protected Vegetation "Protected tree/Protected Vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. 18.06.650 Protection Measure "Protection Measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction. or development activity, where such activity may impact vegetation which is approved for retention in a Tree Clearing -Permit. CL Page 4 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed Commented [CL19]: Propose using "Landscape Design Professional" Commented [C1.20]: Amended definition to reflect new landscaping code, which allows bioswales to substitute as landscaped areas if certain criteria are met. 96 TMC 18.06: Revised or New Definitions 18.06.651 Protective encingl "Protective Fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation_ which is required by in a Tree Cleafing-Permit or approved landscaping plan. hun[n "Pruning" means the cutting or limbing of tree or shrub branches. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". Qualified Tree Professional: an individual who is a certified professional with academic and field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture jISA1 and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. Arborists preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. Commented [CL21]: Current definition, with proposed revisions. Commented [CL22]: New definition, primarily from Portland, with staff additions. Commented [CL23]: Modified from Lake Forest Park 1 I^iskl Commented [CL24]: Modified from Lake Forest Park with "Risk" means, in the context of urban forestry and trees the likelihood of tree failure causing damage to a Target such as property or persons. 18.06.705 Screening: "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. 18.06.775 Significant Irreek "Significant Tree" means a single-trunked tree which is four-4 inches or more in diameter as measured ,d(DBH4 gicade or a multi-trunked tree with a diameter of two -inches or more on any trunk (such as willows or vine maple). CL Page S of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed City revisions. Commented [CL25]: Revised to reconcile this definition with the definition for a "Significant Tree" in the shoreline jurisdiction. TMC 18.06: Revised or New Definitions 18.06.777 Significant Vegetation 'Removal' "Significant Vegetation Removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. Site b[sturbancej: "Site Disturbance" means any development, construction, or related operation that could alter the subject property, including, but not limited to, soil compaction including foot traffic, tree or stump removal, road, driveway or building construction installation of utilities, or grading. Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line oldie public right-of-way and the abutting property, it shall be considered to be on the abutting ro e Target or Risk Targed: "Target or Risk Target" means as used in the context of urban forestry or trees, people, property, or activities that could be injured damaged or disrupted by a tree. Tree Risk Assessment "Tree Risk Assessment" means the systematic process to identify, analyze and evaluate tree risk, prepared in accordance with the latest version of the ISA Best Management Practices Guide by a Qualified Tree Professional. Tree Risk `4ssessorl: "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions evaluates and classifies the CL Page 6 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects \2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed Commented ____---t [CL26]: No changes proposed to this definition. Commented [CL27]: New definition — Kirkland. Commented [CL28]: In searching the code, I do not find 'the term "Solid Planting" used; TMC 18.52.020 D defines "Type Ill -Heavy Perimeter Screening", which is essentially a solid planting, so this definition is not needed. Commented [CL29]: This definition from Kirkland. Street tree is also defined in TMC 11.04.040 #83 as "any trees located on any street or public right-of-way". It is not defined in the new TMC 18.52 ordinance. Commented [CL30]: Modified from Lake Forest Park. Commented [CL31]: Modified from Lake Forest Park. 98 TMC 18.06: Revised or New Definitions likelihood of failure, estimates the consequences of tree(s) hitting a Target and determines options for treatment or mitigation. 18.06.845 'reef "Tree" means any self-supporting woody plant rye characterized by one main trunk, or for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity that is recognized as a Tree in the nursery and arboricultural industries. 18.06.850 Tree RemovaIGear Permit: "Tree Removal -Clearing Permit" means a permit issued by the Director authorizing tree c-leaning Commented [CL32]: Current definition with revisions from Lake Forest Park. removal activities, or work that may impact the Critical Rootone%pursuant to the general Commented [CL33]: This phrase added by staff to reflect permit provisions of this Title. change in permit title by Advisory Committee and the various circumstances that may trigger a Tree Permit. Tree itemoval: "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems, destroying the structural integrity of trees through improper pruning, poisoning, or filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system• or the removal through any of these processes of greater than 50 percent of the live crown of the tree. 'trooping( "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) "A 300 Pruning Standards" and companion "Best Management Practices for Tree Pruning" published by the International Society of Arboriculture, such as crown reduction utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. 18.06.860 Understory Vegetation: "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. CL Page 7 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed Commented [CL34]: New definition from Lake Forest Park. Commented [CL35]: Revised from Portland TMC 18.06: Revised or New Definitions 18.06.910 Vegetation: "Vegetation" means living trees, shrubs or groundcover plants. Viable ltreel: Commented [CL36]: Lake Forest Park "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure is relatively Windfirm if isolated or exposed, and is a species that is suitable for its location and is therefore worthy of long-term retention. INlindfirntL "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined that can withstand normal winter storms or surrounding tree removal. CL Page 8 of 8 11/8/2017 1:04 PM W:\sharePoint\\Long Range Projects \2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed f.� Commented [CL37]: Lake Forest Park 100 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment. Advisory Committee Revisions CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections; 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree -Removal Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.170 Heritage Trees 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 18.54.010 'urposel The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Rega4atc the pProtectiew-e€existing trees prior to and during ilevelopmen4 2. Establish protections-feguiferwents for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; Commented [CL1j: New purpose text to reflect adopted Urban Forestry Comprehensive Plan goals and policies. Commented [CL2]: Advisory Committee revisions to Purposes 41 and 2. Attachment B 101 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees krithinithe City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. 18.54.030 Tree Removal Permit Required (LFP) A. Permit )tequire4 1A Tree Removal Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of these Trees within the City, unless the action is exempt from this Chapter. 4,2. ATree Removal Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown. 3_A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B_Tree Removal on undeveloped lots is prohibited. C. Tree Removal xemptionsL The following activities are exempt from the requirements of this Chapter: 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine (maintenancelof trees necessary to maintain the health of cultivated Commented [CL3]: These regulations do not address understory vegetation —just trees. Understory vegetation is regulated in SAO and Shoreline regulations. Commented [CL4]: Committee revision: Name permit "Tree Permit" then have different types: 1. Tree Removal 2.Tree Impact (for work in CRZ) 3. Heritage Tree Removal or Pruning over 20% of existing crown. 4. Exceptional Tree Removal 5.Tree Removal -Utilities Commented [CL5]: Mix of Lake Forest Park and current exemptions in TMC 18.54 Commented [CL6): From TMC 18.54.050 plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year ierioe . Commented [CL7]: Added by Advisory Committee. ■Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or CL Page 2 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown 102 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions public entity undertaking such an action shall submit a Tree Rerrleval Permit application within one week of the emergency action and replace the tree(s) if required by this Chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the Director' D. Arborist Report —All Tree -Removal Permits shall require an ISA Certified Arborist Ieportvievi unless otherwise stated in this Chapter.; except:.a An arborist's report is not required for the permitted removal of trees, other than Exceptional or Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. 18.54.040 PERMIT SUBMITTAL REQUIREMENTS A. Permit Application. Prior to any tree removals. site clearing, or work within the CRZa Tree Removal Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal howing" a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal hawingL a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the 'oIlowingk Commented [CL13]: Revised from TMC 18.54.080 3. 1 a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; Commented [CL8]: Added at the request of Seattle City Light. Commented [CL9]: Committee approved substitute language —avoids the need to define "major storm even", and also there might be other entities besides utilities that would need to use this provision. Commented [CL10]: Revised this subsection to require an arborist report, not just an arborist's review. Commented [CL111: TMC 18.54.0801. 1 Commented [CL12]: From TMC 18.54.080 2. CL Page 3 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code Tree Code \Draft TMC 18.54 staff edits accepted w/-Committee edits shown DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if equired( Commented [CL14]: New text. 4. A photo of the tree(s) to be impacted or removed. 46. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. B. Single Family Tree RemovalMe•Ramoval0€-Up to Four Trees Of Lees. The removal of 1-4 trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements in Table A below and possible tree replacement. information to be submitted as part of a Tree Inventory Survey shall include the following: 1_ 2. Number and size of trees to be removed. 3. The location of any affected lines within the overhead "fall zone" or other built infrastructure. 4. Photos of the tree(s) to be removed; 5_The method of removal and identification of contractor; and 6`Time schedule of tree removal. Table A Single Family Tree Removal Requirements Trees (DBH) # of Trees in 36 Month Tree Permit? Arborist Report? Period that can be Iltemoved 4'8" 4 Tree Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18-24" 1 Yes Yes 4" 4 ¥es *es See Table B for the number of replacement trees required, if any. CL Page 4 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted 4-Committee edits shown Commented [CM]: Permit application should also suggest that applicant call 811 for a utility locate to ensure no underground utilities will be impacted by tree removal. J/ Commented CL16 -,'The Committee wanted to tle the number of trees that can he removed from single family. zoned properties improved with a dwelling to the size of the trees being removed. The larger the tree removed, the fewer that can be taken out in a 36 month period. 104 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A C. Permit Materials Vaive j The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application IFeeL Fee required: A Tree Renneval Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. 18.54.050 Permit Approval Criteria, General. A All Tree Removal Permit applications shall meet the criteria outlined below for approval. 8. &A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. 8:8. Tree protection will be implemented as required in TMC 18.54.070. &C. Tree replacement will be implemented as required in TMC 18.54.080. F.D. Tree replacement funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. 6-E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees-. B. Topping of trees is prohibited and considered removal,. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or CL Page S of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL17]: From existing TMC 18.54.090 Conented [CL18]: Modified from existing TMC Ilmt18.54.100 Commented [CL19]: Revised and moved to Permit Approval Criteria section. Commented [CL20]: Replaced with proposed text below. ) ICommented [CL21]: The topic of tree retention is currently found in TMC 18.54.130 1. and is proposed to be replaced with the text below. Commented [AC22]: From 18.44.080 8.1. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to flow with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target; or, d. Extreme risk 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures and potential for root or canopy interference with utilities. D. Where permitted, removal of Exceptional or Significant trees on a property zoned Low Density Residential and improved with a single-family dwelling beyond the up to four trees permitted within a 36-month period shall be replaced pursuant to the tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from he tree removal. F E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off - site tree replacement as required by this Chapter. EFTA Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. G. The kDepartmenttshall conduct a tree canopy assessment every five years from the date of the adoption of this Chapter to ensure that the tree canopy goals of the Comprehensive Plan are being met. 18.54.070 Tree Protection 5tanclards All treeswgetatiew not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below4 CL Page 6 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 staff edits accepted w/-Committee edits shown l Commented [AC23]: From Lake Forest Park Commented (CL24]: Should be trees not vegetation, as this Chapter does not address vegetation retention. Commented.[CL25]: Subsection E. is from existing code, TMC /8.54.140 t p t was deleted by the Committee as eliminating this option Will provide site specific tree inventory information when 'development is proposed.+ Commented [CL26]: Added by the Committee to make tsure we are monitoring tree canopy percentages over time. Commented [CL27]: Title of section revised from current code Commented [CL28]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as the tree protection criteria to be followed. 106 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third-partvAiarborist my be iFed-to review long-term viability of the tree. C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the co-n t ction physical -barriers shall be based on the approximate age of the tree (height and canopy) as 1follow4 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54.190." G. All tree protection measures 644be-installed asait shall be inspected by the City, and if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth inovingL _ H. Any branches or limbs that are outside of the CRZ and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs except under the direct supervision of an ISA Certified 4 boristi. I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 jfeetJ of the CRZ shall be approved by the City prior to implementation. CL Page 7 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL29]: From ISA standards Commented [CL30]: Modified from TMC 18.54.160 8. Commented [CL31]: The Committee discussed when or if to allow construction personnel to prune affected tree limbs. Commented [CL32]: Confirm with PW — is this a reasonable distance DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection shalt be conducted by the City ireguiced to finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 18.54.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum requirements A. Each existing Significant Tree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's tree replacement fund. B. Tree Replacement Ratios: Table &4 below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For propertiesy zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36 month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement(sjpfeject- Replaced trees that do not survive must be replanted in the next appropriate season for planting. 13--If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Tree Rfeplacement Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. CL Page 8 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [C133]: Existing code, TMC 18.54.130 3. with revisions as noted. 108 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions TABLE BA: Tree Replacement Requirements Diameter* of Tree Removed (*mco ured at height of 4.5 feet from the ground} 4 6 inches (jingle trunk} Alumber of Replacement Trees Required 3 2 inches (any trunk of a multi trunk tree} 3 Over 6 8 inches 4 Over 8 20 inchea Over 20 inches 6 Amount of Mature Tree Canopy Removed Up to 500 sq. ft. 501-1000 so. ft. >1001 sq. ft. Equivalent Stature Tree Small Canopy Tree Medium Canopy Tree Large Canopy Tree Number of Replacement Trees 1 2 3 &D. Tree replacement shall also meet the standards in TMC 18.54.160. 18.54.090 Tree Relocation Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table BA cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen free 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. CL Page 9 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\long Range Planning \2016-2017 Landscape & Tree Code Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL34]: We have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL35]: Committee direction is to look at other ways to establish the number of trees required for replacement— perhaps tie to the amount of canopy proposed replacement tree would provide. Commented [CL36]: When removal of a tree is proposed, the number of trees required for replacement will be based on what the mature tree canopy of the removed tree would have been, not the current tree canopy provided. Commented [CL37]: Committee also added "installing" but that is covered in #2 below. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions D. Tree Replacement funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, pursuant to TMC 18.541164 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Removal Permit, subject to the following provision: A. Commented [CL38]: Need to confirm with Public Works. Commented [CL39]: Revised from TMC 18.54.120 Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures Burin Commented [CL40]: Added by the Committee. construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance Assurance Where replacement trees are required, the applicant may / be required to post a onetlw a -year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The requirement for tree maintenance shall be recorded on the title of thepropertv and if the property is sold prior to the expiration of the one- year replacement tree maintenance bond, the d veloDer shall assjgtn the bond to the purchaser. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staffs best estimate of CL Page 10 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted 4-Committee edits shown Commented [CL41 ]: During the Advisory Committee's review, the question was raised on how to ensure the trees survive once the property is sold and the homeowner takes over maintenance. The last sentence of B. (highlighted) attempts to address this concern. 110 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be redeemed enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 18.54.120 l.iabilityi A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Rereva]-g Permit, be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree RcmovaI Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. jfhelapplicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.130 Permit Processing and Duration! A. All Tree Re+rmeva] Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. B. If the Tree RemevaI Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. CL Page 11 of 18 11/8/2017 9:06:34 AM W:\\sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL42]: Existing language in TMC 18.54.190, tl moved to this section. Revisions as noted. Commented [CL43]: Moved from Permit Conformance section 18.54.160 C. Commented [CL44]: Existing text — moved from 18.54.150.. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions C. Tree Removal Permits expire one year after the date the permit is issued. 18.54.140 Permit 'fxceptionsj A. Exception Procedures Commented [CL45]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the_tityL � —Commented [CL46]: Added by the Advisory Committee. , Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria 1. The Director may grant exceptions from the requirements of this Chapter when undue hardship may be created by strict compliance with the provisions of this Chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Chapter. 2. An exception to this Chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed treevegetatier► removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional at the expense of the iapolicant Commented [CL47]: Staff suggested addition. 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. CL Page 12 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown 112 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.160 Soil Preparation, Plant Material and Maintenance Standar0 A. Soil Preparation 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs ncludingbut not limited to: a._Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material StandardsL 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. CL Page 13 of 18 11/8/2017 9:06:34 AM W:\\sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code Tree Code \Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL48]: New section Commented [C1.49]: A.1. And 2. Modified from TMC 18.52, landscaping regulations. Commented [CM): From TMC 18.52.070, landscaping iregulations. Commented [CL517: Text in this section adapted from TMC 18.52.060 Commented [CL521: Accidental carry-over from Landscaping Chapter. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. kiherelthere are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter imendedLNo more than 25% of the tree canopy shall be pruned in any two-year period except for fruit trees; thatwi4e14 are bein pruned to increase Ilan/est kk:i)crtentiai 2. AIILrotected and replacement trees and vegetation shown in approved Tree Removal Clewing Permitmatcrials shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent TreeClco-ing Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA Ceertified Arborist 4tilities-&peeiaii4or performed by the utility provider under the direction of an ISA Ceertified Arborist ""'itic Spccblilt. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage TreeisLAnd Heritage 3roves� A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. B. Designation Criteria: A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. CL Page 14 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\0raft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL531: From TMC 18.52.060 B.4 Commented [CL54]: Modified from 18.52.080 C. ) Commented KISS]: Added by Committee to allow more aggressive pruning of fruit trees, if needed. Commented [CL56[: From TMC 18.54.160 D. Commented [CL57[: Deleted at suggestion of Seattle City Light (SCL) as contractors carrying out pruning have an ISA Certified Arborist on -site however not always with the Utilities Specialist qualifications. The SCL supervisor is typically a Utilities Specialist — this person would have discussed the pruning project ahead of time with the pruning contractor. Commented [C1.58]: New section Commented (CL59): Heritage Grove added to this section as criteria for designation were similar to those to designate a Heritage Tree. 114 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. fellewifig-E-ritefia. Iines5;-Of ' 9 C. Heritage Tree Development Review 1. When development is proposed for property that contains a Heritage Tree, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a gualificd-arberist Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Removal Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or CL Page 15 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented (CL60]: The rest of this section is from the City.of Vancouver, Washington's heritage tree regulations. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown shall apply for a Tree Removal permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 liolationsl A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. Commented [CL61 j: From landscaping Chapter, TMC 18.52,110. B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person frvhol/ Commented [CL621: From landscaping Chapter fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. CL Page 16 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown 116 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 2_Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to three -few jtimesithe marketable value of each tree removed or damaged as determined by an ISA certified arborist. -2 -3. Any fines paid as a result of violations of this Chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund, 25% into the General Fund. 3-4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 45. Penalties are in addition to the restoration of removed ;fit•-materaala-trees through the remedial measures listed in TMC Section 18.54.200. b 6�It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial Measures In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Tree Reeaeval Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table A:B C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter,, zrnd-a a>�le� T E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. CL Page 17 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 staff edits accepted 4-Committee edits shown Commented [CL63]: RCW 64.12.030 allows treble damages, not four. Commented [CL64]: Find RCW citation that allows up to 4 times the value to be charged. Commented [CL651: Remedial Measures from TMC 18.52.180, Enforcement and moved to be its own subsection. Items A and B are new; items C.— F. are existing text moved from TMC 18.54.180 D. Commented [CL66]: Revisions to TMC 18.45, the sensitive area regulations, will occur in 2018 and remedial measures for sensitive areas will be addressed there. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.210 Enforcement) A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this Chapter to ensure compliance with, and/or remedy a violation of this Chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Removal Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree RerevQI Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree RtalvevalPermit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Chapter or any provision of an approved Tree Rewleval Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree liefileval Permit or this Chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of Tree Removal Permit issuance to ensure compliance with this Chapter. The permit process is complete upon final approval by the Director. CL Page 18 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL671: Existing text from TMC 18.54 that reflects revisions to the Enforcement section. 118 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 48.54410- Tiflo 18.54.0120 Purpose 18.54.0230 Scope 18.54.0370 Tree Removal Permit Required 18.54.0480 Permit Submittal Requirements-Applisation4,4aterials 18.54.050439 Permit Approval Criteria 18.54.06440 Permit-E4septionsTree Retention Standards 18.54.0760 Pernitt-GenfermaReeTree Protection Standards 18.54.08450 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.1670 eritage Trees and Heritage Groves 18.54.180 Approved and Prohibited Trees 18.54.1790 Violations 18.54.200 Remedial Measures 18.54.2180 -Enforcement 48.54.198 -Liability 48.54:810 tritlei 48.54489--Purpose Commented [CL1]: This section not needed. ) Commented [CL2]: Replaced by new section, below. Attachment C 119 arr DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions (3)--re4u gait. (1) mashing noise; habitatareas: 18.54.010 Purposq_ The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan_goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance tree retention and protection. Trees and their canopy act to improve air quality, promote the public health reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Rei u rotectie4 e€ existing trees prior to and during developments 2. Establish protections feiloifemen4s for the Tong -term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; S. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water qualityi 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and: 9. Establish procedures for penalties and violations of the tree code. CL Page 2 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 Staff and Advisory Committee edits Commented [C13t: New purpose text to reflect adopted Urban Forestry. Comprehensive Plan goals and policies. Commented [C14]: Committee revisions to Purposes #1 and 2. 120 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.0230 Scope This chapter sets forth rules and regulations to control clearing of trees within the City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. 48.54:850--Permit—Exempt-Actwi'tioci Gearing Pcnniti 6ihorolin6-2on87 easements: 18.54.03.0 Tree Removal -Permit ktequiredF A. Permit Required. 1. A Tree Rem Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of anv these Trees within the City, unless the action is exempt from this Chapter. 2. 7A Tree Removal Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown in a two-year period. CL Page 3 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits C Commented [C1.5]: Revised and incorporated into Permit Required section below Commented [CL6]: This section not needed Commented [CL7]: Incorporated into section below. Commented [CL8]: Name of permit revised by Committee as there will be different types of Tree Permits: 1.Tree Removal 2.Tree Impact (for work in the CRZ) 3.Heritage Tree Removal or Pruning over 20% of existing crown 4.Exceptional Tree Removal S.Utility Tree Removal DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 3. A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B. Tree Removal on undeveloped lots is prohibited. C. Tree Removal ixemption The following activities are exempt from the requirements of this Chapter: 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. oulin4 maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year period. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree .may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Rerraevat Permit application within one week of the emergency action and replace tree(s) if required by this Chapter, Additional time to apply for a tree Permit may be granted at the discretion of the Director. D. Arborist Report. All Tree Removal Permits shall require an ISA Certified Arborist reporttiew.unless otherwise stated in this Chapter. cxcc the An arborist's report is not required for the permitted removal of trees, other than Exceptional or Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. 18.54.0410 PERMIT SUBMITTAL REQUIREMENTS A. Permit Application. Prior to any tree removal site clearing or work within the CRZ„ a Tree Reraaeval Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal ishowingi a. Diameter. species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line: b. Identification of all Significant Trees to be removed and/or relocated; CL Page 4 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL9): Mix of Lake Forest Park and current exemptions in TMC 18.54 Commented [CL1O]: 82 from City of Redmond, WA tree code Commented [CL11]: TMC 18.54.080 1. 122 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal Plowing: a. Diameter, species name, spacing and location of replacement trees to be plantedi b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on .site b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c, Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if Irequiredt. Commented [CL14]: New text. 4. A photo of the tree(s) to be impacted or removed. 4 5. Time schedule. Proposed time schedule of vegetation removal relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. Commented [CL12J: From TMC 18.54.080 2. Commented [CL13]: Revised from TMC 18.54.080 3. AT B. Single-family Tree Removal Removal of Up to four Trees or -Less. The removal of 1-4 trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling, is permitted, subject to the requirements of Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: 2. Number of and size of trees to be removed. 3. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure. 4. Photos of the tree(s) to be removed; 5. The method of removal and identification of contractor; and 6. Time schedule of tree removal. CL Page 5 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions Table A Single Family Tree Removal Requirements Trees (DBH) # of Trees in 36 Month Tree Permit? Arborist Report? Period that can be ilemove_d 448" 4 Inventory Survey No >8-12" 2 Yes ag >12-18" 2 Yes No >18-24" 1 Yes Yes : 1 des aces See Table B for the number of replacement trees required, if any. & C. Permit Materials Waived The Director may waive the requirement for any or all plans or permit items specified in this chapteF section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Cehapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Applicationnee) Fee required: Tree evat Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. CL Page 6 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL15]: The Committee wanted to tie the number of trees that can be removed from single family, honed properties improved with a dwelling to the size of the trees being removed. The larger the tree removed, then fewer that can be taken out in a 36 month period. ommented [CL16]: From existing TMC 18.54.090 J Commented [CL17]: Modified from existing TMC 18.54.100 Commented [CL18]: Revised and moved to Permit Approval Criteria section. 124 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.0540 Permit Approval Criteria, General. All Tree Removal Permit applications shall meet the criteria outlined below for approval. A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. B. Tree protection will be implemented as required in TMC 18.54.070. C. Tree replacement will be implemented as required in TMC 18.54.080. D. Tree replacement funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards CL Page 7 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL19]: Replaced with proposed text below. Commented [CL20]: This text is currently found in TMC 18.54.130A. and is proposed to be replaced with the text below. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 44- Fetaiaed;•- 3R A. As many Significant Exceptional and Heritage Trees as possible are to be retained on a site proposed for development or re-development,particularly to provide a buffer between development taking into account the condition and age of the trees. As part of a land use application such as but not limited to, subdivision or short plat review, design review or building permit review the Director of Community Development or the Board of Architectural Review may require leas snebl{alterations to the arrangement of / Commented [C121]: "Reasonable" added by Advisory 1 buildings, parking or other elements of proposed development in order to retain Committee. Significant, Exceptional or Heritage non-invasive Tise-e4. ff Commented [AC22]: From 18.44.080 8.1. B. Topping of trees is prohibited and considered removal. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 101 a. b. • vetese¢utattOioesi c. i y,, tb atargetor• risk target; or, d. ii.age-beerivittoratinecitcsilieoneof fats or and Sift 3. Factors that will be considered in approving such tree removal include but are not limited to, tree condition and health, age, risks to life or structures and potential for root or canopy interference with utilities. D. Where permitted removal of Exceptional or Significant trees on a property zoned Low Density Residential and improved with a single-family dwelling beyond the up to four trees permitted within a 36-month period shalt be replaced pursuant to the tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the tree removal. CL Page 8 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [AC23]: From Lake Forest Park 1 Commented [CL24]: This chapter applies to trees, not vegetation. Commented [CL2S]: From existing code TMC 18.54.140 B. The Committee deleted this subsection as eliminating this option will provide site specific tree inventory information when development is proposed. 126 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions F. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off - site tree replacement as required by this Chapter. G. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. H. The Department shall conduct a tree canopy assessment every five years from the date bflthe adoption of this Chapter to ensure that the tree canopy goals of the Comprehensive Plan are being met. Commented [CL26]: Added by the Committee to make sure we are monitoring tree canopy percentages over time. 18.54.070 Tree Protection Measures1Standardsi Commented [CL27]: Title of section revised from current code All trees ��^. ign not proposed for removal as part of a proiect or development shall be protected using Best Management Practices and the standards :)elow% A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Afs arborist maybe-reguired to review long-term viability of the tree. C. Physical barriers, such as 6 foot chain Zink fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the physical eeestfiketioni barriers shall be based on the approximate age of the tree (height and canopy) as 'follows': 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. CL Page 9 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [C128]: Proposed text changes below. J Commented [CL29]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as the tree protection criteria to be followed. Commented [CL30]: Revised to make terminology consistent with C. above. Commented [CL31]: From ISA standards DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 3. Over mature treesjtrees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking storage dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54,190." G. All tree protection measures slaalEbe installed awd shall be inspected by the City, and if deemed necessary a Qualified Tree Professional, prior to -beginning construction or earth inovinpL H. Any branches or limbs that are outside of the CRZ; and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs except under the direct supervision of an ISA Certified'. I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 ieetlof the CRZ shall be approved by the City p implementation. L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection shall be conducted by the City is -mired to finalize tree protection actions. N. Post —construction inspection of protected trees shall be conducted by the City, and if deemed necessary by the City a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 18.54.080 Tree Replacement Standards When tree replacement is required, tThe site shall be planted with trees to meet the following minimum kequirementi CL Page 10 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits �� t Commented [CL32]: Modified from TMC 18.54.160 8. ) Commented [CL33]: The Committee discussed when or if to allow construction personnel to prune affected tree limbs, rior to � Commented [CL34]: Confirm with PW — is this a reasonable distance Commented [CL3S]: Existing code, TMC 18.54.130 3. with revisions as noted. 128 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A. Each existing Ssignificant 1-tree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Replacement Fund. t_Tree Replacement Ratios: Table B A below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. or oropertyies zoned Low Density Residential and improved with a single-famih; dwel(ing. when the number of trees permitted to be removed in a 36 month period. as shown in Table A. has been exceeded. the replacement ratios set forth in Table SJapply,. C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the project site'sI improvement. Replaced trees that do not survive must be replanted in the next appropriate season for planting. D. If all required replacement trees cannot be accommodated reasonably on the site the applicant shall pay into the Tree Replacement Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. CL Page 11 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL36]: The highlighted language adjusted after Committee review completed to match the new approach to determining how many trees can be removed in a 36 month period. Commented [C1371: Clarification by Advisory Committee as to what is meant by "project". DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 4-8 inches 8 ,2 inems 12n -18inches 4 21 inches 8 TABLE B A: Tree Re i acement Reauirernents atr7Q4-0-FFF-e•-Rer4e.yed- ` aeasure:d-F rre kt-4Y 4.5 feet fv4344)-the-gF9tkRFJ Nit•« a-4 ks+, a --Tree u :' 4-4iFf4)4s411:1444f.u...41 4. i+•t; e-434tefs r l4.e•1:-a-multi-tk4. 4Fee{ 4 F6.--&-Fkrf S 4 Baer-29-41eh-es -4 Amount of Mature Tree Equivalent Stature Tree Number of Replacement CCatiotaiRemoved Trees Up to 500 sq, ft. Small Canopy Tree 1 501-1000 sq. ft. Medium Canopy Tree 2 >1001 sq. ft. Large Canopy Tree 3 E. Tree replacement shall also meet the standards in TMC 18.54.160. CL Page 12 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented.[CL38]: we have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL34J ;When removal of a tree is proposed, the number of trees required for replacement will be based: on what the mature tree canopy of the removed tree would have been, not the current tree canopy provided.' Commented [CL40]: Planting standards moved to new j section below. 130 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.090 Tree Relocation Tree relocation shall be carried out according to Bbest Mffianagement Ppractices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table B A cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen tree; 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. Tree Replacement funds may be used by a single-family property owner to plant lnel or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the sie preparation and maintenance of the street tree, pursuant to TMC18.54.160. Commented [CL41]: Added by the Advisory Committee, Need to confirm with Public Works. 18.54.1120 Performance Assurance Commented [CL42]: Revised from TMC 18.54.120 To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require fse the applicant to submit a bond, letter of credit, or other means of assurancey acceptable to the City prior to issuance of a Tree Remeval Permit, subiect to Tthe following provision A. Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond CL Page 13 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a onet#reeiXear replacement tree maintenance bond or other Commented [CL43]: During the Advisory Committee's acceptable security device to ensure the survival of replacement trees. The amount of review, the question was raised on how to ensure the trees survive once the property is sold. The last sentence of B. the maintenance bond shall equal 150 percent of the cost of plant material, periodic (highlighted) attempts to address this concern. fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. Thefeguirement for tree maintenance shall be recorded on the title of the property an_d if tturopgrkis sold prior to the expiration of the on -year replacement tree maintenance bondjhe developer shall assign the bond to the purchaser. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance - assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be cedeeao enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. A. 18.54.1290 Oability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree -Re neval-COearFiaig Permit ' the -City -limits, will be the sole responsibility of the owner of the site for which the permit was issued. A.B. Issuance of a Tree RernevaI--i;leaKirg Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Cehapter. CL Page 14 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 Staff and Advisory Committee edits Commented [0.44]: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. 132 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions C. Nothing contained in this Cehapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to-f3eF-TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. Pre‘action-af-Pro0.41.44hei applicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.1350 Permit Processing and Ourationj A. Permit. All Tree Re►oval-Permitsand-e eptiensshalll be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. B. If the Tree Remeval-Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree Removal Permits expire one year after the date the permit is issued. 18.54.140 Permit xceptionsj A. Exception Procedures — An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by thejCitvi. Approval of the exception is subject to the exception criteria outlined below. B. A —Exception Criteria 1. The Director may grant exceptions from the requirements of this Cehapter when undue hardship may be created by strict compliance with the provisions of this Cehapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Cehapter. CL Page 15 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL45]: Moved from Permit Conformance section 18.54.160 C. Commented [C1.46]: Existing text — moved from 18.54.150. Commented [CL47]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. Commented [CL48]: Highlighted language added by Advisory Committee. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 2. An exception to this Cehapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree alien -removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Cehapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professiona exception rcgaest at the expense of the applicant. er---On=sitei*I•anti4g-af ae t;4eei feel•a�,eme ai.txees-is-+et.fe.as e, and484 9,e eet-i€i 44F, an-e ivatec ilovi ity4i• ap4/e -lab krw-ar4414a -fee-o4-sine-t€ee i ag 44ov agFeed-by-the-app Bart-u l ireEto*, t 44apte¢ CL Page 16 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL49]: This provision (d.) revised and moved to "Plant Materials" below. Commented [CL50]: Moved to the Tree Retention section above., 18.54.040 8.4. Commented [CL51]: Revised and moved to TMC 18.54.140. A. above 134 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.1560 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Cehapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. • a: activity. 18.54.160 Soil Preparation, Plant Material and Maintenance Standardsi A. Soil Preparation 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a klepthl r of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs includingLbut not limited to: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&8 plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material'Standards! 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown beiveii CL Page 17 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL52]: Covered in 18.54.040 B. 7. Commented [CL53]: New section Commented [CL54]: A.1. And 2. Modified from TMC 1852, landscaping regulations. Commented [CL55]: From TMC 18.52.070, landscaping I regulations. Commented [CL56]: Text in this section adapted from TMC 18.52.060 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions foliated and be of good color. Plants shall be habituated to outdoor environmental conditions (Le. hardened -off). ,, around thecite. 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 4,6.Affietej there are overhead utility lines, the tree species selected shall of a type which at Commented [0.58]: From TMC 18.52.060 8.4 full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. Commented [CL57]: Accidental carry-over from Landscaping Chapter — does not apply since this Chapter addresses only trees. C. Tree Maintenance and Pruning 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter invegteil No more than 25% of the tree cano shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest ooten#i. 2. All protected and replacement trees and vegetation shown in approved Tree Removal m GleaPermit mattcral5 shall be maintained in a healthy condition by the property owner throughout the life of the proiect, unless otherwise approved by the Director in a subsequent Tree C#eari Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA Certified Arborist Utilities-Speeiakst or performed by the utility provider under the direction of an ISA Certified Arborist The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Tree and Heritage Groves A. Heritage Trees or a Heritage Grove must be nominated for designation by or approved for nomination by the owner of the property on which the tree or grove is located. 8. Designation Criteria: A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: CL Page 18 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL59]: Modified from 18.52.080 C. Commented, [0.60]: Language related to fruit tree • pruning added by Advisory Committee to allow more \ aggressive pruning of fruit trees, if needed. \ Commented [CL61]: From TMC 18.54.160 D. _Commented [CL62]: Deleted at suggestion of Seattle City Light(SCL) as contractors carrying out pruning have an ISA Certified Arborist on -site however not always with the Utilities Specialist qualifications. The SCL supervisor is typically a Utilities Specialist — this person would have discussed the pruning project ahead of time with the pruning contractor. Commented [CL63]: New section 136 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event- or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. feIlewi# criteria= lines; or • , D. Heritage Tree or Heritage Grove Development Review 1, When development is proposed for property that contains a Heritage Tree or Grove, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a Qualified Tree Professional as approved by the Director arberist demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) or Grove may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and shall not conflict with other adopted ordinances or conditions placed on the property. CL Page 19 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \ Long , Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL64]: The rest of this section is from the City of Vancouver, Washington's heritage tree regulations. Commented [CL65]: Subsection C. deleted as the criteria to designate a Heritage Grove are similar to designating a Heritage Tree. Heritage Grove references integrated into R above. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Tree(s) or Grove. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Removal -Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown shall apply for a Tree Removal Permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist• and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 hu'iolationss A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. CL Page 20 of 23 11/8/2017 9:13:50 AM w:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL66]: From landscaping Chapter, TMC 18.52.110. 138 In addition to the penalties assessed, the Director shall require anv person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subiect to obtaining a Tree Rerneval Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table B A. C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter. -and-appRealble E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to CL Page 21 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions B. Penalties. 1. In addition to anv other penalties or other enforcement allowed by law, any person who' fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to three times] the marketable value of each tree removed or damaged as determined by an ISA certified arborist. 3. Any fines paid as a result of violations of the Chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund; 25% into with the rc maindcr iron to the General Fund. 4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 5. Penalties are in addition to the restoration of removed plant -materials trees through the remedial measures listed in TMC Section 18.54.200. 6. It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. Commented [CL67]: From landscaping Chapter ) Commented [CL68]: Treble damages (3x) are allowed by] RCW 64.12.030. TMC 18.54.200 Remedial Measures, Commented [CL69]: Remedial Measures from TMC 18.52.180, Enforcement and moved to be its own subsection. Items A and B are new; items C.— F. are existing t text moved from TMC 18.54.180 D. Commented [CL70]: Revisions to TMC 18.45, the sensitive area regulations, will occur in 2018 and remedial measure for sensitive areas will be addressed there. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. 18.54.210180 nforcenient{ A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.454 the Director may take any or all of the enforcement actions prescribed in this 9tdinaaee-Chapter to ensure compliance with, and/or remedy a violation of this 8rd+aaaeeChapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Clearing•Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, OR -or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Cleating Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Cleating Removal Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Cehapter or any provision of an approved Tree Removal Cleating -Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Cehapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property o ensure compliance with the provisions of a Tree Removal Cleating -Permit or this Cehapter, consistent with TMC 8.45. . 2. The Director may require a final inspection as a condition o Tree Removal Ppermit issuance to ensure compliance with this Chapter CL Page 22 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL711: Existing text from TMC 18.54 that reflects revisions to the Enforcement section. 140 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions tlie-i3ifectsf. The permit process is complete upon final approval by the Director. CL Page 23 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning\2016.2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL72]: This section moved to become its own section see TMC 18.54.200 above. Commented [CL73]: Moved to TMC 18.54.040 K & L Commented [CL74]: Duration of permit is addressed in TMC 1854.130 C. Time limit is increased to one year. 142 TUKWILA MUNICIPAL CODE CHAPTER 18.54 TREE REGULATIONS Sections: 18.54.010 Title 18.54.020 Purpose 18.54.030 Scope 18.54.050 Permit - Exempt Activities 18.54.060 Permit - Mandatory Standards 18.54.070 Permit Required 18.54.080 Permit Application Materials 18.54.090 Waiver to Permit Materials 18.54.100 Permit application fee 18.54.110 Applicant Insurance Required 18.54.120 Applicant Security Required 18.54.130 Permit Approval Criteria 18.54.140 Permit Exceptions 18.54.150 Permit Processing and Duration 18.54.160 Permit Conformance 18.54.170 Violations 18.54.180 Enforcement 18.54.190 Liability 18.54.200 Conflicts with Existing Codes and Ordinances 18.54.010 Title This Ordinance shall be known as the City of Tukwila "Tree Ordinance," and may be so cited. (Ord. 1758 §1 (part}, •1995) 18.54.020 Purpose This purpose of this chapter is to: 1. Mitigate certain environmental consequences of land development, and to maintain and improve the quality of Tukwila's urban environment. 2. Promote building and site planning practices that are responsive to the community's natural environment, without preventing reasonable development of land. 3. Regulate clearing of trees and understory vegetation in the City of Tukwila, in order to: a. Maintain and enhance the aesthetic, ecological and economic benefits provided by vegetation, such as: (1) providing wildlife habitat; (2) reducing runoff and soil erosion; (3) reducing air pollution; (4) masking noise; (5) reducing wind speed and urban "wind tunnels"; (6) energy conservation, cooling of urban centers; (7) increasing real property values; (8) enhancing visual and aesthetic qualities of the urban environment. b. Maintain the viability of existing stands of trees and understory vegetation. c. Promote retention of native vegetation in sensitive areas and their buffers, shoreline areas, and wildlife habitat areas. 4. Provide a means to implement the requirements of the Sensitive Areas Overlay District chapter of this title, relative to vegetation removal in sensitive areas and sensitive area buffers. (Ord. 1759 St mart: 1998) 18.54.030 Scope This chapter sets forth rules and regulations to control clearing of trees and understory vegetation within the City of Tukwila. (sd. 17 §1 .ert#., f195f 18.54.050 Permit - Exempt .Activities The following activities are exempt from the application of this chapter and do not require a Tree Clearing Permit: 1. Clearing of any vegetaflon; UNLESS the site on which clearing is to occur is located in a sensitive area, sensitive area buffer, or shoreline zone. 2. On sites within a sensitive area, or sensitive area buffer, or shoreline zone: a. Clearing of up to 4 significant trees on a site currently zoned and developed for single-family residential use within any 36-month period; UNLESS the significant trees to be removed are Located within a wetland, watercourse and their associated buffers or within the shoreline zone. b. Clearing of any vegetation located outside a sensitive area, sensitive area buffer or outside the shoreline zone. c. Removal of hazardous trees. d. Routine maintenance of vegetation necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard or threat to public safety per TMC Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading Regulations." 8.28, Nuisances. e. Vegetation removal necessary to the operation of an established Christmas tree farm or commercial plant nursery. f. Construction and maintenance of streets and utilities within City -approved rights -of -way and easements. (Ord 1758 §1(part), 99951 18.54.060 Permit - Mandatory Standards All removal of significant trees and understory vegetation shall be undertaken in accordance with the mandatory standards specified in this chapter, except as provided in the Waiver to Permit Materials or Exceptions sections of this chapter. (Ord. 1758 §1(part), 1995) Attachment D Page 18-172 Produced by the City of Tukwila, City Clerk's tpffe TITLE 18 — ZONING 18,54.070 Permit Required No person shall conduct any clearing of vegetation without first obtaining a Tree Clearing Permit on a form approved by the Director; unless specifically exempted under this chapter. (Ord, 1758 §1(part), 1995) 18.54.080 Permit Application Materials The following materials are required to obtain a Tree Clearing Permit: 1. Site Plan of the proposal, showing: a. Diameter, species name, location and canopy of existing significant trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all significant trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; d. Limits of any sensitive area and sensitive area buffer, and mean high water mark of the river. 2. Landscape Plan for the proposal, showing: a. Diameter, species name, spacing and location of replacement trees/vegetation to be used to replace vegetation cleared; b. Diameter, species name and location of all significant trees and vegetation to be retained; c. Proposed vegetation protection measures; d. Any other measures proposed to restore the environmental and aesthetic benefits previously provided by on - site vegetation. 3. Professional review or recommendation - Submittal of, or agreement to submit, a review, evaluation, recommendation or plan related to vegetation clearing or replacement prepared by a professional consultant(s), such as a landscape architect, surveyor, or certified arborist. Services may include, but are not limited to: a. Providing a written evaluation of the anticipated effects of proposed construction on the viability of trees on -site; and/or b. Developing plans for, supervising, and/or monitoring implementation of any required tree protection or replacement measures; and/or c. Post -construction site inspection and evaluation. 4. Sensitive area mitigation plan - Identify measures proposed for mitigation of vegetation clearing in a sensitive area and/or its buffer per the Sensitive Areas Overlay District chapter of this title. 5. Time schedule - Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone.. 6. Additional studies and conditions - The Director may require supplemental studies or other documentation, or specify conditions for work, at any stage of the application or project as he/she may deem necessary to ensure the proposal's compliance with the requirements of this chapter, the Shoreline Overlay District chapter or the Sensitive Areas Overlay District chapter of this title, or to protect public or private property. These conditions may include, but are not limited to, hours or seasons within which work may be conducted, or specific work methods. (Ord, 1758 §1 (part), 1995) 18.54.090 Waiver to Permit Materials The Director may waive the requirement for any or all plans or permit materials specified in this chapter upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement for permit materials shall not be construed as waiving any other requirements of this or related regulations. (Ord 1758 §1(part), 1995) 18.54.100 Permit Application Fee A. Fee required: A non-refundable permit application fee will be collected at the time of submittal of a Tree Clearing Permit application. The application fee will provide for the cost of plan review, administration and management of the permitting process, inspections, and processing of exceptions to standards and appeals pursuant to this chapter. B. Fee: The City shall collect a fee for processing a Tree Clearing Permit per TMC Section 18.88.010, except as otherwise noted in this chapter. C. Fee exception: No fee shall be required for vegetation clearing associated with land -altering activity approved under a Land -Altering Permit. ;Ord, 2291, §1. 2010, Ord 1758 §1 (part) 1995) 18.54.110 Applicant Insurance Required A. In addition to any permit materials or conditions specified pursuant to this chapter, if in the opinion of Director the nature of the work is such that it may create a hazard to human life or endanger adjoining property, then the Director may require the applicant to submit a certificate of insurance. B. The certificate must show that the applicant is insured against claims of damages involving personal injuries and property in an amount prescribed by the Director in accordance with the nature of the risks involved and the following minimum amounts: 1. Bodily injury liability: $1 million per occurrence. 2. Property damage liability: $1 million per occurrence. C. All insurance policies obtained in accordance with these provisions shall name the City of Tukwila as an °additional insured" and shall be written by a company licensed to do business in the State of Washington. (Ord 1758 §1 (part) 1995) 18.54.120 Applicant Security Required To mitigate damages should they occur as a result of clearing which is not authorized by a Tree Clearing Permit, the Director may require from the applicant a bond, letter of credit, or other Pjoticed by the City of Tukwila, City Clerk's Office Page 18-173 TUKWILA MUNICIPAL CODE means of security acceptable to the City. The following provisions 2. Tree Protection Measures - shall apply in instances where such securities are required: a. The proposal shall include tree protection 1. The required security shall be submitted prior to the measures which meet or exceed best management practices and issuance of a Tree Clearing Permit. current standards of professional arboriculture, and which are 2. The security shall be equal to City Staffs best sufficient to ensure the viability of protected trees and other estimate of possible costs directly associated with replacement of vegetation identified for retention pursuant to requirements of this cleared vegetation which has not been authorized to be cleared chapter, and shall include measures sufficient to protect any under a Tree Clearing Permit (e.g. the replacement of vegetation Sensitive Area, its Buffer and vegetation within the shoreline Low - approved for retention, or the installation of replacement plantings Impact Environment. which the applicant has failed to install as required). In no case b. During clearing and/or construction activities, all shall the security exceed an amount equal to 2.5 times the current protected vegetation shall be surrounded by protective fencing cost of replacing the plants per the Tree Replacement which prevents adverse impacts associated with clearing from requirements of this chapter. intruding into areas of protected vegetation. 3. The security shall not be fully released without final 3. Tree Replacement - The site shall be planted with inspection and approval of completed work by the City, submittal trees to meet the following minimum requirements: of any post -construction evaluations, or following any prescribed a. Each existing significant tree removed shall be trial maintenance period required in the permit. replaced with new tree(s), based on the size of the existing tree as 4. Securities provided in accordance with this chapter shown below, up to a maximum density of 70 new trees per acre. may be redeemed in whole or in part by the City of Tukwila upon b. Tree Replacement Ratios determination by the Director that the applicant has failed to fully Diameter of Existing No. of Replacement comply, within the time specified, with approved plans and/or any Tree Removed Trees Required remedial or enforcement actions mandated in accordance with this 4 - 8 inches 1 chapter. 8 -12 inches 2 (Ord. 1758 §1 (part), 1995) 12 -18 inches 4 18.54.130 Permit Approval Criteria I 18 - 24 inches 6 To the extent that vegetation retention and/or replacement is >24 inches 8 consistent with project feasibility or reasonable use of the property, c. Prior to any vegetation removal, the applicant vegetation clearing shall be planned and conducted to meet all of shall demonstrate through a Landscape Plan, Sensitive Area the criteria below. These criteria shall be the basis for approval, Mitigation Plan or other materials required per the requirements of approval with conditions or denial of any tree clearing included in this chapter that vegetation replacement will meet the following a Tree Clearing Permit application. minimum standards: 1. Tree Retention - Site improvements shall be (1) Minimum sizes shall be 2.5-inch caliper for designed and constructed to retain as many existing healthy trees deciduous trees, 6 to 8 feet in height for evergreen trees, 24 inches as possible, and to meet the following criteria: in height for shrubs, and 1 gallon for groundcover. a. Priority shall be given to retention of existing (2) Replacement plants shall meet current stands of trees, trees at site perimeter, trees within the shoreline American Association of Nurserymen standards for nursery stock; Low -Impact Environment, in Sensitive Areas or Sensitive Area (3) Planting and maintenance of required Buffers, and healthy mature trees. replacement vegetation shall be in accordance with best b. All understory vegetation within the essential root management practices for landscaping which ensure the zone of protected trees shall be: vegetation's long-term health and survival. (1) retained; OR 4. Surrounding Environment - The timing of, and (2) removed by methods which are non- methods to be used in any proposed vegetation removal shall be damaging to the tree, and replaced with vegetation with such that impacts to protected vegetation, wildlife, fisheries and horticultural requirements which are compatible with protected the surrounding environment are minimized. trees. 5. Tree Relocation - Tree relocation shall be carried c. Vegetation removal shall be undertaken in such out according to best management practices, and trees proposed a manner as to preserve, to the degree possible, the aesthetic and for relocation shall have a reasonable chance of survival. ecological benefits provided by such vegetation. (Ord. 1758 §1 (part), 1995) Page 18-174 Produced by the City of Tukwila, City Clerk's q�i�e TITLE 18 — ZONING 18.54,140 Permit Exceptions A. Exception Criteria 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also consider any of the following in reviewing an exception request: a. The recommendation of a certified arborist supports the exception. b. The size of the site or project cannot support the number of required replacement trees, and off -site tree planting is proposed which furthers the goals of this chapter and other City policies. c. On -site planting of all required replacement trees is not feasible, and the project includes an equivalent contribution in funds and/or labor and materials for off -site tree planting as jointly agreed by the applicant and Director. d. Smaller -sized replacement plants are more suited to the species, site conditions, and to the purposes of this chapter, and are planted in sufficient quantities to meet the intent of this chapter. B. Retention and Replacement of Canopy Cover - or undeveloped sites or sites with dense stands of trees, where the cost of identification of individual tree species and sizes is inordinate relative to the project, the Director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees: 1. The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. 2. To meet the requirements for site canopy cover, canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be calculated at 314 square feet. C. Exception Procedures - An application for any exception from this chapter shall be submitted in writing by the property owner to the Director, and shall accompany the application for a Tree Clearing Permit. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The Director shall not grant an exception unless and until sufficient reasons justifying the exception are provided by the applicant. (Ord. 1758 §1(part), 1995) 18.54.150 Permit Processing and Duration A. If the proposed vegetation clearing and permit application meet the requirements of this chapter, the Director shall approve the application and issue the Tree Clearing Permit. All Tree Clearing Permits and exceptions shall be processed as Type 1 decisions. B. If the Tree Clearing Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. From the date of issuance, permits shall be valid for a period of 180 days. (Ord. 1770 §32, 1996; Ord. 1758 §1 (part), 1995) 18.54.160 Permit Conformance A. Plan Conformance - All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. B. Tree Protection Measures - All tree and vegetation protection measures shown on approved permit drawings shall be installed prior to initiation of any clearing or land -altering activity. C. Protection of Property - The applicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. D. Maintenance Responsibility - All protected and replacement trees and vegetation shown in approved Tree Clearing Permit materials shall be maintained in healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clearing Permit. (Ord. 1758 §1 (part), 1995) 18.54.170 Violations The following actions shall be considered violations of this chapter: clearing, planting, relocation, or maintenance of vegetation not authorized under or in accordance with an approved Tree Clearing Permit, where such permit is required, or not in accordance with the provisions of this chapter. Each tree which is cleared, not replaced or not maintained as required by this chapter shall constitute a separate violation. (Ord. 1758 §1 (part). 1995) ced by the City of Tukwila, City Clerk's Office Page 18-175 TUKWILA MUNICIPAL CODE 18.54.180 Enforcement A. General- In addition to the Notice and Order measures prescribed in TMC Chapter 8.45, Civil Violations, as now in effect or as amended hereafter, the Director may take any or all of the enforcement actions prescribed in this Ordinance to ensure compliance with, and/or remedy a violation of this Ordinance; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Clearing Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, OR after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Clearing Permit issued by the and Order is issued pursuant to TMC 8.45.040, or within the time period otherwise specified by the Director. 4. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be home by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. (Ord 1758 §!(part, 1995) 18.54.190 Liability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Clearing Permit issued on behalf of the City within the City limits, shall be the sole responsibility of the owner of the site for which the permit was City. issued. 3. No person shall continue clearing in an area covered by a Stop Work order, or during the suspension or revocation of a Tree Clearing Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief - Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Tree Clearing Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access - 1. The Director may inspect a property for the purpose of inspection for compliance with the provisions of a Tree Clearing Permit or this chapter, consistent with TMC 8.45.070, Authority to Inspect. 2. Where deemed necessary by the Director to ensure compliance with permit requirements, upon completion of all requirements of a Tree Clearing Permit, the applicant shall request a final inspection by contacting the Director. The permit process is complete upon final approval by the Director. D. Remedial Measures Required - In addition to penalties provided for in this chapter, the Director may require any person conducting vegetation clearing in violation of this chapter to mitigate the impacts of clearing by carrying out remedial measures. The following provisions shall apply in instances where such remedial measures are required: 1. The applicant shall satisfy the permit provisions as specified in this chapter. 2. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter, and applicable standards for mitigation outlined in the Sensitive Areas Overlay District chapter of this title. 3. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice B. Issuance of a Tree Clearing Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the City limits from the duty to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard or a nuisance, per TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. (Ord. 1758 §1 (part), 1995) 18.54.200 Conflicts with Existing Codes and Ordinances A. Whenever conflicts exist between this chapter and federal, State or local laws, ordinances or regulations, the more restrictive provisions shall apply. B. Neither this chapter nor any administrative decisions made under it exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit. (Ord. 1758 §1(part), 1995) Page 18-176 Produced by the City of Tukwila, City Clerk's Off e 148 Urban Forestry GOAL 4.12 Trees are recognized by Tukwila citizens, businesses, City staff and decision -makers for their benefits to the environment, urban infrastructure and their aesthetic value. POLICIES 4.12.1 Develop a formal urban forest management plan to promote and guide preservation, restoration and maintenance of a sustainable urban forest, using the goals and policies of this chapter as a basis for guidance. 4.12.2 Ensure that the benefits of trees are factored into site design and permit decisions. 4.12.3 Ensure that regulations recognize that larger trees provide more benefits than small trees. 4.12.4 Seek to create and fund an urban forester/municipal arborist position within the City, or contract for such services, to provide expertise for urban forest management planning, oversight of tree planting and maintenance, and assistance to all City departments that have responsibilities for tree management. 4.12.5 Educate the public, elected officials and City staff about the importance of and benefits provided by trees in Tukwila. 4.12.6 Develop tree valuation methods to reflect the value trees provide, for use in assessing fines, determining damages or estimating Toss of tree benefits. 4.12.7 Identify funding sources to support urban forestry planning and management, and establish an urban forestry budget and account. 4.12.8 Consider developing an "exceptional"or"heritage"tree program to foster tree appreciation in the community. 4.12.9 Encourage public involvement in urban forest stewardship through volunteer events, free training workshops, and other means. Atitachment E TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-22 149 GOAL 4.13 Overall City-wide tree canopy increased to a total of29% by2034. Canopy cover in individual zoning categories increased by2034 as listed below:* Light Industrial zones: 3% increase from 20% to achieve 23% cover Heavy Industrial zones: 1% increase from 9%, to achieve 10% cover Tukwila Urban Center and Tukwila South: 5% increase from 13%, to achieve 18% cover Office and Commercial: 3% increase from 29 %, to achieve 32% cover Parks: 5% increase from 38%, to achieve 43% cover Public Rights -of -Way: increase canopy coverage through street tree planting. Specific canopy goal to be established based on future assessment. No net loss of canopy cover in individual zoning categories, as listed below: Low -Density Residential:: Maintain current City-wide canopy coverage of47% Medium- and High -Density Residential: Maintain current City-wide coverage of40% POLICIES 4.13.1 Promote tree retention throughout the City by: • implementing educational programs for property owners and managers regarding tree selection and care, applicable regulations, selecting a qualified arborist, and other issues; • except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; • promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and • requiring financial assurances for required tree replanting and maintenance. 4. t 3.2 Improve retention of trees on steep slopes. * NOTE: Some public rights -of -way (such as WSDOT's) are not included in the total City-wide canopy calculation. Rights -of -way adjacent to public streets (i.e., where street trees would be planted) are included in each zoning category. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-23 150 4.13.3 Continue to protect trees in sensitive areas and the shoreline through relevant regulations. 4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies than the removed tree(s), except where existing or future infrastructure and/or public or private utilities impede the planting of large trees. 4.13.5 Develop mechanisms for protecting tree roots for public and private surface and underground infrastructure installation, including - in some cases - requiring the presence of a certified arborist when working in the critical root zone; replacement of trees where damage is unavoidable; and either requiring replanting or payment into a tree replacement fund as compensation, if planting on -site is not feasible. Establish reasonable procedures to ensure consideration of tree root protection during routine or emergency maintenance of existing utilities, and provide training to City and other public utility maintenance staff on root protection techniques. 4.13.E Establish criteria for requiring professional assessment and corrective actions by property owners who damage code -required landscaping, street trees, or other required trees by topping, poor pruning practices or root disturbance. 4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on a site, establish procedures for off -site planting of replacement trees or payment into a dedicated tree replacement fund. 4.13.8 Develop tree planting and urban forest rehabilitation programs for City parks and other publicly -owned lands. Collaborate with other agencies, such as Washington's Department ofTransportation, to promote planting in highway interchanges and other locations. 4.13.9 Collaborate with other government, non-profit organization, school and private sector entities, to promote urban forest management and restoration. 4.13.10 Provide flexibility in the landscape code to promote increased tree planting and/or planting of large canopy trees, and reward the preservation of existing healthy trees to assist in meeting the City's canopy goals. 4.13.11 Evaluate current parking lot landscape requirements to identify opportunities to increase tree canopy. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-24 151 GOAL 4.14 Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban forest is healthy, diverse, and safe. POLICIES 4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 4.14.2 Develop maintenance plans and programs for trees on City property or rights -of -way to ensure that maintenance pruning is properly carried out, that diseases and pest infestations are managed, that hazardous trees are identified and managed in a timely manner to reduce risks, and that invasive vegetation is properly managed. 4.14.3 Modify landscape code, and educate property owners, property managers, landscape maintenance companies and tree companies to promote best practices for soil preparation, planting techniques, pruning, trenching and general tree care. 4.14.4 Ensure that landscaping and replacement trees in new development or re -development are properly cared for and thrive in perpetuity, through such means as maintenance agreements, monitoring and enforcement. 4.14.5 4.14.E 4.14.7 Develop a mechanism to ensure that tree removal and maintenance companies have the necessary qualifications and liability insurance to work in Tukwila. Modify landscape code to require diversity of tree species in landscape plantings and consideration of species already present in the vicinity. Establish minimum standards and landscape specifications to ensure long-term tree health for street trees, required landscape trees and required replacement trees, including minimum soil volume, soil quality, plant quality, planting techniques, irrigation, mulching, tree pruning, and prohibition of topping. 4.14.8 Develop an approved/recommended tree list for street trees, landscape perimeter plant- ing and parking lots that recognizes the importance of the concept of "right tree, right place', taking into account available planting space and infrastructure/utility conflicts, and that considers the importance of species diversity, climate conditions, canopy coverage goals, allergy issues, urban wildlife benefits, and tolerance of urban conditions. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-25 152 4.14.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. 4.14.10 Perform vegetation management that is needed in utility rights -of -way that are located in sensitive areas or shoreline areas, in a manner that will maintain, restore or improve the shoreline or sensitive area ecological function. Implementation Strategies - Urban Forestry Prepare and publish technical specifications for landscape professionals and landscape contractors reflecting best management practices/standards for achieving adequate soil conditions, plant quality specifications, proper planting techniques, proper mulch placement, tree care and pruning, and other relevant information. Prepare and make available technical guidance for homeowners on tree selection, planting, care, pruning, selecting a good arborist, and identifying and controlling invasive plants. Conduct volunteer activities in parks and other public areas to help carry out urban forest restoration plans, to remove invasive plants and plant native trees and other vegetation. Create"Adopt an Urban Forest," 'Ivy Removal Team,"or similar programs, to actively remove invasive plants and promote ongoing stewardship of urban forests in the City's parks and other public areas. Add an urban forestry page to the City's website that contains information about programs, regulations, technical guidance, finding a certified arborist, and other relevant issues. Expand the annual Arbor Day celebration to widen public participation; Evaluate other jurisdiction's heritage tree programs, and reach out to business and resident community to determine interest in a heritage tree program in Tukwila. Develop mechanisms for monitoring tree canopy growth, removal and replacement — in addition to periodic tree canopy assessments — using GIS and remote sensing methods; Review and amend, as necessary, SAO and Shoreline regulations to ensure consideration of tree retention, particularly in steep slope areas. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-26 153 Incorporate requirements in geotechnical studies to ensure evaluation of the role trees play in slope stability. Develop incentives for increasing retention of trees on steep slopes. Provide ongoing training for City staff from all departments on tree selection, site preparation, proper planting techniques, protection of tree roots during construction activities, proper pruning, and general tree care. Prepare and publish technical specifications manuals for utility companies and City staff to identify techniques to protect tree roots during installation of public and private surface and underground infrastructure. Revise City regulations to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions. Prepare an urban forest inventory for publically-owned trees in the City. Notify property owners about applicable tree regulations via inclusion of fliers in storm water utility bill, direct mailings, and media announcements. Improve the frequency of landscape and tree replacement inspections, and increase enforcement. Develop street tree plans for various parts of the City, taking into account the need for diversity for tree health and urban design issues. Modify landscape, tree and right-of-way vegetation regulations, including consideration of a point system for landscape requirements, clarification of responsibilities for trees on City ROW, identifying incentive programs, and allowing for fines based on the value of trees damaged or removed. Develop street tree regulations that prioritize shade over ornamental needs. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-27 154 RELATED INFORMATION Natural Environment Background Report Tukwila Sensitive Areas Map Tukwila Shoreline Master Program WRIA 9 Salmon Habitat Enhancement Plan Abandoned Underground Coal Mine Hazards Assessment Report Tukwila Urban Tree Canopy Assessment Tukwila Municipal Code, Chapter 18.45 TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-28 155 Carol Lumb From: Carol Lumb Sent: Tuesday, December 19, 2017 1:15 PM To: Louise; senordog@aol.com; Mikel Hansen; Nhan Nguyen (PlanComm.2 @TukwilaWA.gov); Sharon Mann; migmaestas@msn.com Cc: Nora Gierloff; Andrea Cummins; Jack Pace Subject: Significant Tree Comparison Chart Attachments: Chart -Significant Tree Size.docx Hello, Attached please find a chart that staff has prepared comparing the size of "significant trees" in other jurisdictions in the Puget Sound region, as requested by the Planning Commission. Please let me know if you have any questions about the chart, or other aspects of the draft tree regulations or definitions. Thanks — and have a wonderful Christmas! Carol Carollumb, .4IICP, Senior Planner Department of Community Development City of'ukwi(a 630o Southcenter Blvd., Suite _zoo T'ukiviCa, "W 98188 206-431-3661 Caro £Cumb@T[uk'witanva.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 SIGNIFICANT TREE SIZE COMPARISON JURISDICTION SIZE OF SIGNIFICANT TREE (in inches) # TREES PERMITTED TO BE REMOVED (outside of environmentally sensitive areas) PERMIT REQUIRED? (outside environmentally sensitive areas) Bothell 8 10% of significant trees to be retained — applies to all new development. Land Clearing permit during development process. Burien 6 I Must keep 30% of trees on SF site at time of development No Des Moines 6 Up to 2,000 sq. ft. may be cleared w/out a permit if area is outside a sensitive area. No, if < 2,000 sq. ft. is being cleared & other exemption criteria are met. Kent 6 Retention of trees is regulated at the platting stage with required tree density required per acre and subsequent retention. No restrictions on number of trees that can be removed on a single family lot that was not developed under the current regulations. No Kirkland 6 2 in 12 month period provided: a. There is no active application to develop the site; b. The trees were not required to be retained as part of a previous development of the site; c. Two trees remain on the site. In some cases, tree replacement is required. Yes, type of permit depends of number of trees removed Lake Forest Park 6 2 in 36-month period Renton 6 Sliding scale depending on size of lot: • Up to 10,000 sq. ft: 2/12 months -max of 4/60 months; • 10,001-20,000 sq. ft. 3/12 months -max of 6/60 month; • Lots > 20,000 sq. ft.: 6/12 months -max of 12/60 month Yes SeaTac 8-evergreen 12-deciduous Tree retention applies only to platting proposals No Seattle 6 3 in 12-month period Yes Tukwila 4 4 in 36 month period No if 4 trees or Tess are removed in 36 month period. Carol Lumb From: Carol Lumb Sent: Wednesday, November 15, 2017 4:26 PM To: 'Andy Padvorac'; 'Brooke Alford'; 'Dana Ramsey'; 'Daryl Tapio'; 'David Bayard'; 'David Mutchler'; 'Eli Brocker'; 'Glen Allen'; 'Greg Allwine, AIA'; 'Heather McLeland-Wiser'; 'Heidi Narte'; 'Hung van Pham'; 'jeff.beckwith@pse.com'; 'John Rucker'; 'Kathy Graff'; 'Kelli Turner (greenrosel0@msn.com)'; 'Kerrt Kriner'; 'Liliana Cardenas'; 'meayotte@comcast.net'; 'Nathan Elliott'; 'Paula Williams'; 'pslinder@comcast.net; 'Rev. Allen Mosley'; 'Roger; 'Sunny Mulholland'; 'Thelma Gustafson'; 'Vicki Lockwood'; 'Wayne Werle' Subject: Draft Tree Regulations and Definitions Attachments: SEPA Checklist -tree code.docx; Notice of Application-trees.doc Dear Interested Party, The City of Tukwila has issued a Notice of Application for the proposed revisions to the tree regulations as well as changes to the definitions found in the Zoning Code. I am attaching the Notice along with an environmental checklist evaluating the impacts of the proposed regulations (SEPA). Comments are being taken on the environmental checklist until 5:00 p.m., Thursday, November 30, 2017. You can find the materials that are the subject of the checklist and that will be considered by the Planning Commission here: http://www.tukwilawa.gov/departments/community- development/urban-forestry/. In addition to this opportunity to comment, there is a public hearing on the proposed revisions to the tree regulations and definitions on Thursday, December 14, 2017 — written comments may be provided to the Planning Commission or you may appear in person to provide testimony. Please send any written comments to me at the address below. If you have any questions, please let me know. Sincerely, Carol Lumb CaroCLumb, 511CP, Senior Planner Department of Community Development City of l'ukwiCa 630o Southcenter Blvd., Suite io0 Tikwifa, 'W 4 98188 206-43i-366i Caro LCumb@Tukwila wa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Sent: To: Cc: Subject: Hello everyone, Carol Lumb Thursday, November 9, 2017 5:38 PM 2017 Tree and Environment Advisory Committee Andrea Cummins; Nora Gierloff Upcoming Planning Commission Meeting This is a reminder that the Planning Commission will hold a work session on the proposed revisions to definitions and tree regulations on November 16th, starting at 5:30 p.m.. The work session will run from 5:30-6:30 p.m. and then break for a public hearing on a proposed new building at the Tukwila Village site, and then resume after completion of the public hearing and deliberations on the design of the building. Just as with the Advisory Committee's work sessions, public comment will not be taken on November 16th. Here is a link to the Planning Commission packet: http://records.tukwilawa.Rov/weblink/Browse.aspx?startid=10154&row=1&dbid=1. Click on the Boards and Commissions link; then Planning Commission (at the bottom of the page), then on Planning Commission Agenda packets. Go to the fourth tab at the bottom of the page, and then the packet for 11-16-17 is found at the bottom of that page. If you would like me to send you a hard copy of the materials, please let me know and I will put them in the mail next week. Let me know if you have any questions. I am out of the office tomorrow, but will return on Monday. Have a great weekend. Carol CaroCLumb, MCP, Senior Planner Department of Community Development City of 7ukwiCa 630o Southcenter Blvd., Suite l00 'Tukwila, 'W. k 98188 206-431-3661 Caro C.Lumb@Jukivila wa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Sent: To: Subject: Dear Interested Party, Carol Lumb Thursday, November 9, 2017 3:23 PM 'Andy Padvorac'; 'Brooke Alford'; 'Dana Ramsey'; 'Daryl Tapio'; 'David Bayard'; 'David Mutchler; 'Eli Brocker'; 'Glen Allen'; 'Greg Allwine, AIA'; 'Heather McLeland-Wiser; 'Heidi Narte'; 'Hung van Pham'; jeff.beckwith@pse.com'; 'John Rucker; 'Kathy Graff; 'Kelli Turner (greenrosel0@msn.com); 'Kerrt Kriner'; 'Liliana Cardenas'; 'meayotte@comcast.net; 'Nathan Elliott'; 'Paula Williams'; 'pslinder@comcast.net'; 'Rev. Allen Mosley'; 'Roger'; 'Ron Lamb'; 'Sunny Mulholland'; 'Thelma Gustafson'; 'Vicki Lockwood'; 'Wayne Werle' Proposed Tree Regulations The Tukwila Tree and Environment Advisory Committee completed its review of revised definitions and tree regulations and has forwarded their recommendations on to the Tukwila Planning Commission for its review and action. The Planning Commission will be briefed on the proposed changes during a work session at their meeting on November 16, 2017, beginning at 5:30 p.m.. The Commission will take a break at 6:30 pm. to hold a public hearing on a proposed new building at the Tukwila Village site, and then resume the briefing after the public hearing is completed. Public comments will not be taken at the November 16th work session on the proposed tree regulations and revised definitions. A public hearing on the proposed changes to the definitions and tree regulations will be held on December 14, 2017, beginning at 6:30 p.m. The public hearing will be held in the City Council chambers, 6200 Southcenter Blvd., Tukwila, WA, 98188. The Planning Commission packet can be found here: http://records.tukwilawa.gov/weblink/Browse.aspx?startid=10154&row=1&dbid=1. This Zink will take you to all of the Planning Commission packets — please scroll to the packet for 11-16-17. If you would like to provide comments on the proposed revisions, you can email them to me, send them to me at the address below, or, you can present your comments at the public hearing on December 14, 2017. Please let me know if you have any questions. Sincerely, Carol Lumb Carotlumb, 4IICP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite 100 Tukwila, 147A 98188 206-431-3661 Ccirot.Lumb@�ukwitaiva.gov tukwita, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 TUKWILA TREE AND ENVIRONMENT ADVISORY COMMITTEE AGENDA November 1, 2017 Meeting time: 6:00 — 8:30 P.M. Meeting location: Conference Room #2, 6300 Southcenter Boulevard (building east of City Hall — the front door will be unlocked so you can access the building) I. Welcome II. Public Comment III. Housekeeping IV. Review Committee Revisions from 10-24-17 Meeting to TMC 18.54, Tree Regulations V. Next Steps: A. Planning Commission schedule: 1. Work Session 11/16/17 6:30 p.m. 2. Public Hearing 12/14/17 6:30 p.m. B. City Council: schedule to be determined — will be emailed to Committee and posted on web page. CL Page 1 of 1 O1/09/2018 4:39 PM W:\\SharePoint\Long Range Projects\2016-2017 Landscaping -Tree Code Update\Tree Regulations\Advisory Committee\Agenda 10-4-17 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree_tereeval Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Replacement Tree Standards 18.54.170 Heritage Trees 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 18.54.010 'Purpose The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Regulate the pProtectiea-e€ existing trees prior to and during development; 2. Establish protections rcgui cmcnts for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; CL Page 1 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 all edits -no makrup-Committee edits UP Commented [CL1J: New purpose text to reflect adopted Urban Forestry Comprehensive Plan goals and policies. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees !rvithintthe City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. 18.54.030 Tree Removal Permit Required (LFP) A. Permit 1Reauire4 1_A Tree Removal Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of these Trees within the City, unless the action is exempt from this Chapter. 4 2. A Tree Removal Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown. 3_A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B_Tree Removal on undeveloped lots is prohibited. C. Tree Removal Exemptions'. The following activities are exempt from the requirements of this Chapter: 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. RThe removal of Dead Trees 3. Routine ailntenancel of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year Ieriocl. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Removal Permit CL Page 2 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL2]: These regulations do not address understory vegetation — just trees. Understory vegetation is regulated in SAO and Shoreline regulations. Commented [CL3]: Committee revision: Name permit "Tree Permit" then have different types: 1. Tree Removal 2. single-family sites -removal of trees >12" in diameter. 3.Tree Impact (for work in CRZ) 4. Heritage Tree Removal or Pruning over 20% of existing crown. 5. Exceptional Tree Removal Commented [CL4]: Mix of Lake Forest Park and current exemptions in TMC 18.54 Commented [CL5]: Eomment: this language is unnecessary because this chapter down not apply to trees i hip the shoreline/SA or buffers, Commented [Cu]: From TMC 18.54.050 Commented [CL7]: Added by Advisory Committee. Commented [CL8R7]: Staff suggests making the time period three years rather than two years as the tree canopy will not regenerate 20% of its canopy in a two year period. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions application within one week of the emergency action and replace the tree(s) if required by this Chapter. Directo IIaTree Removal Permits Arborist Report —All Tree -Removal Permits shall require an ISA Certified Arborist Ireportyiew ^ems• for trhe removal of Significant Trees, other Mara -Exceptional or Heritage Trees, including M....,..e..mac, ., Density Residential and i ,ee with a I trees a lot zoned 1 ow Density Residontial and i ,o d with a ,d„ family dwelling ether than for Cxceptional or LJorit ij o Trooc Exc 18.54.040 PERMIT SUBMITTAL REQUIREMENTS tional or Heritage e-fa m i l A. Permit Application. Prior to any tree removal— site clearing, or work within the CRZa Tree Removal Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal }showing:I: a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal howing{: a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the Ifollowing: a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; CL Page 3 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL9]: Added at the request of Seattle City Light. Commented [CL10]: Suggested substitute language — avoids the need to define "major storm even", what if it is an earthquake, and also there might be a broader need besides just utilities that would need to use this provision. Commented [CL11]: For Committee consideration - suggest revising this to require an arborist report, not just a review. Commented [CL13]: TMC 18.54.080 1. Commented [CL14]: From TMC 18.54.080 2. { Commented [CL15]: Revised from TMC 18.54.080 3. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if Irequiredl. 4. A photo of the tree(s) to be impacted or removed. 4.5. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. B. Single Family Tree Removal Up to Four Trees OF Less. The removal of 1-4 trees 4-8" in diameter within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted with the submittal of a Tree Inventory Survey, is subjcct to a no fcc Trcc Removal Permit. Removal of trees larger than 8" in diameter is subject to Table A below and requires a Tree Permit and possible tree replacement. Information tcm:, to be submitted as part of the Tree Inventory Survey includes the following . sidential and improved with a single-family dwelling is permitted, subject tq, quirements in Table A below and possible tree replacemen ollowingl 1_Site plan with the ♦roofs) to be r ed idontified the tree and 2. Number and size of trees to be removed. 3. The location of any affected kutilitvi lines within the overhead "fall zone" or other built infrastructure. 4. Photos of the tree(s) to be removed; 5_The method of removal and identification of contractor; and 6. Time schedule of tree removal. Trees 4Diameter) rees Tree Permit? Arborist Report? in 3 Month Period 4-8" 4 Inventory Survey No >8-12" 3 Yes No >12-18" 2 Yes No >18" 1, Yes Yes See Table B for the numb Placement trees required, if any. Trees (Diameter) ree Equivalency CL W:\\Sharepoint Files\Long Range Planning\20 A-Aoi ,\-0JvY 4 of Trees in 36 -'Month Period Tree Permit? Arborist Report? Page 4 of 18 11/1/2017 5:32:35 PM -2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL16]: New text. Commented [CL18]: Permit application should also suggest that applicant call 811 for a utility locate to ensure no underground utilities will be impacted by tree removal. Commented [CL19]: Note to Committee: we revised how many trees can be removed in a 36 month period if the tree is larger than 8" as it is less complicated to calucluate. Commented [CL20]: Suggest deleting this column as it is confusing— next column identifies how many trees can be removed based on the diameter of the tree. ri-24atiAt.0 tk DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions ithat can be Removed 4-8" Cou is as 1/tree 4 Inventory No each / Survey >8-12" Each ee,'tounts 2 Yes No as 1 Y=`Tres >12-18" Each tr4 counts 2 Yes No as 2 tree` >18-24" Each to%e`counts 1 Yes Yes as 3 trees >24" Each/tree c nts du\ 1 Yees Yes as 4ftrees l A C. Permit Materials I Naiverl The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application eel Fee required: A Tree Removal Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory ISurve4. 18.54.050 Permit Approval Criteria, General. A, All Tree Removal Permit applications shall meet the criteria outlined below for approval. &A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. 1;413. Tree protection will be implemented as required in TMC 18.54.070. &C. Tree replacement will be implemented as required in TMC 18.54.080. F,D. Tree Replacement Funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. CL Page 5 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL21 ]: From existing TMC 18.54.090 Commented [CL22]: Modified from existing TMC 18.54.100 r Commented [CL23]: Adjusted revisions Committee made to this text to reflect the Tree Inventory Survey which will not be subject to a feee. Commented [CL24]: Revised and moved to Permit Approval Criteria section. Commented [CL25]: Replaced with proposed text below. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 6,E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, Iparticularly4to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require !reasonable alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. opping of trees is prohibited and considered removal111111111111111111111111111111 located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Lbw with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target; or, d. Extreme risk.) 3. Factors that will be considered in approving such tree removal include, but are Sf potential for root or canopy interference with utilities. Where\permitted, removal of Exceptional or Significant trees on a property zoned Lovr— idential a 4E. not limited to, tree condition and health, age, risks to life or structures and Density trees permit to the tree Comm proved with a single-family dwelling beyond the up to four hin a 36-month period that are removed shall be replaced pursuant place iP nt requirements outlined below. The Director or Planning ion may require additional trees or shrubs to be installed to mitigate any potential impact from the Iosc of ♦he vegetatio a It of the tree removal. Retention and Replacement of Canopy Cover. On undeveloped sites or sites with dense tands{of trees, where the cost of identification of individual tree species and sizes is inordinate lonerm4 relative to the cost of)the project, the Director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees: a.The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. b.Canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be calculated based on the canopy cover from the City's preferred tree list. CL Page 6 of 18 11/1/2017 5:32:35 PM W:\\5harepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL26]: This text is currently found in TMC 18.54.130 A. and is proposed to be replaced with the text below. Commented [CL27]: The Committee discussed this phrase but did not come to a decision on whether to revise it, delete it etc. The discussion centered around how much extra cost is it OK to add to a project in order to save trees? How far would this be pushed? Commented [AC28]: I can see how this could be an issues — what is reasonable, a developer won't think anything is... Commented [AC29]: From 18.44.080 8.1. Commented [CL30]: Suggest moving this to TMC 18.54.160 C.1. that discusses tree maintenance. { Commented [AC31]: From LFP - -‘A grin 4 Commented [CL32]: Should be trees not vegetation, staff suggests this edit. Commented [CL33]: From existing code TMC 18.54.140 8. Commented [CL34]: The Committee discussed what word is appropriate here —originally the group agreed to "excessive" — staff is proposing "onerous" instead. Commented [CL35R341: IIIWIRine what is meant: ty" onerous" — can we establish a % of the cost of the rojectthat y6idti'$. ;° rgauggo" [ mrrented [CL36]: Suggested addition by staff. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions F. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off - site tree replacement as required by this Chapter. G. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. H. The iDepartmentl shall conduct a tree canopy assessment every five years from the date of the adoption of this Chapter to ensure that the tree canopy goals of the Comprehensive Plan are being met. 18.54.070 Tree Protection IStandardsl Il�treesvcgct_tion not proposed for removal protected using Best Management Practices and the standards'•elo shall be A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third-partvAR arborist ma eguired-to review long-term viability of the tree. C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the c-Exastfuetien1 physical -barriers shall be based on the approximate age of the tree (height and canopy) as (follows' 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE —THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54.190." CL Page 7 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL371: Added by the Committee to make sure we are monitoring tree canopy percentages over time. Commented [CL38]: Added by the Committee to make sure we are monitoring tree canopy percentages over time. Commented [CL39]: Title of section revised from current code Commented [CL40]: Proposed text changes below. Commented [CL41]: Revised by staff as this Chapter addresses trees, not vegetation. Commented [CL42]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as the tree protection criteria to be followed. Commented [CL43]: From ISA standards DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions G. All tree protection measures ;hall be installed aa4 shall inspected by the City, and if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth [roving. H. Any branches or limbs that are outside of the CRZ and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs except under the direct supervision of an ISA Certified A4-borist4 I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 eeti of the CRZ shall be approved by the City prior to implementation. L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection shall be conducted by the City is-reet to finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 18.54.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum i-equirementss: A. Each existing Significant Tree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's tree replacement fund. B. Tree Replacement Ratios: Table BA below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. Table BA does not apply to the removal of eae-four 4-8" in diameter Significant Trees on a property zoned Low Density Residential and improved with a single-family dwelling in a 36 month period. CL Page 8 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL441: My notes show that I struck these two words, but I didn't write down what to substitute here. Commented [CL45]: Modified from TMC 18.54.160 B. Commented [CL46]: The Committee discussed when or if to allow construction personnel to prune affected tree limbs. Commented [CL47]: Confirm with PW — is this a reasonable distance Commented [CL48]: Existing code, TMC 18.54.130 3. with revisions as noted. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement(s)project. Replaced trees that do not survive must be replanted in the next appropriate season for planting. D. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the tree replacement fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. Irod iCO AL' TABLE BA: Tree Replacement Requirements rlipmetnrt of Trcc Rcmoycd /+kmcp... red height of 1.5 feet from the ground A 6 inches rgingln trunk) Over 6 8 inches 0vcr o 20 inchc Over 20 inches 3 3 4 6 A Amount of _ Tree Equivalent Stature Tree Number of Replacement Canopy 'Mature Canopy of Trees Removed Up to 500 sq. ft. Small Canopy Tree 1 501-1000 sq. ft. Medium Canopy Tree 2 >1001 sq. ft. Large Canopy Tree 3 E. Tree replacement shall also meet the standards in TMC 18.54.160. 18.54.090 Tree Relocation Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table BA cannot be accommodated on -site, the Director shall require CL Page 9 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL49]: We have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL50]: Committee direction is to look at other ways to establish the number of trees required for replaoement — perhaps tie to the amount of canopy proposed replacement tree would provide. B. C. D. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen Itreei 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. Tree Replacement Ulundi may be used by a single-family property owner rAcz to plant one or more street trees if approved by the Director and by the Public Works / Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, a the-staadar-ds-in TMC 18.54.1164 Commented [CL51]: Committee also added "installing" but that is covered in #2 below. 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Removal Permit, subject to the following provision: A. Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures duringlthel construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final 'unspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance'Assurance. Where replacement trees are required, the applicant may be required to post a oncthrcc year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates CL Page 10 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL52]: Need to confirm with Public Works. ) l Commented [CLS3]: Revised from TMC 18.54.120 Commented [CL54]: Added by the Committee. Commented [CL55]: Question raised on how to ensure the trees survive once the property is sold and the homeowner takes over maintenance — contractor has posted the financial assurance but no longer has access to the property to ensure tree survivability. Comm ented [CL56]: Suggestion: could include IanguaglA hat requires the developer to assign the bond to the urchaser or include a covenant or some other security to %hatpins the tree. (d (,t5dDek- WJ 1 (� + To-ek Su-- IMo A) tO \ ' ' . TtV t, f ) vv-o'w DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be ._.,c_m_d in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 18.54.120 �iability{ A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Removal g Permit, be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Removal Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. f The applicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.130 Permit Processing and Duration CL Page 11 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits [Commented [CL57]: Is this the right term to use? Commented [C158]: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. Commented [CL59]: Moved from Permit Conformance section 18.54.160 C. Commented [CL60]: Existing text — moved from 18.54.150. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A. All Tree Removal Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. B. If the Tree Removal Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree Removal Permits expire one year after the date the permit is issued. 18.54.140 Permit xception4 A. Exception Procedures An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal. Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the 10t Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria 1. The Director may grant exceptions from the requirements of this Chapter when undue hardship may be created by strict compliance with the provisions of this Chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Chapter. 2. An exception to this Chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed treevegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional at the expense of the ipplican 18.54.150 Permit Conformance \ i All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. CL Page 12 of 18 11/1/2017 5:32:35 PM W:\\sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL61]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. Commented [CL62]: Added by the Advisory Committee. J Commented [CL63]: Staff suggested addition. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be redeemed in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 18.54.120 Oabiiityl A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Removal g Permit, be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Refineval Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. rhel applicant shall at all times protect improvements to adjacent pfivate properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.130 Permit Processing and (Duration CL Page 11 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits ( Commented [CM]: Is this the right term to use? Commented [CL58]: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. Commented [0.59]: Moved from Permit Conformance section 18.54.160 C. Commented [CL60]: Existing text — moved from 18.54.3.50. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.160 Replacement rreel [Standards) A. Soil Preparation 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs Includini, but not limited to: a._Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material tandards1 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). taking nto ..t fisting .devele nt ...d the site --- 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. CL Page 13 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint files\Long Range Planning\2016-2017 Landscape &Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL64]: **The same title has been used for TMC 18.54.080, so staff suggests going back to the original title for this section. Commented [CL65]: New section Commented [CL66]: A.1. And 2. Modified from TMC 18.52, landscaping regulations. Commented [CL671: From TMC 18.52.070, landscaping regulations. Commented [CL68]: Text in this section adapted from TMC 18.52.060 Commented [CL69]: Accidental carry-over from Landscaping Chapter. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. IWherelthere are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter mendedNo more than 25% of the tree canopy shall be pruned in any two-year period otential protected and replacement trees and vegetation shown in approved Tree Removal Clearing Permit materials shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clearing Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA Ceertified Arborist utilities-Spec-ialict or performed by the utility provider under the direction of an ISA Ceertified Arborist_ Uti1iticl Spccializ* The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Tree A. Heritage Trees must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree is located. B. Designation Criteria: A tree that meets the basic definition of Heritage Tree must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. Once approved, the Heritage Tree shall be identified by signage that provides information as to the tree's significance. CL Page 14 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [MO]: From TMC 18.52.060 B.4 Commented [CL71]: Modified from 18.52.080 C. Commented [CL72]: Moved from TMC 18.54.060 8. Commented [CL73]: From TMC 18.54.160 D. Commented [CL74]: Deleted at suggestion of SCL as contractors carrying out pruning have an ISA Certified Arborist on -site however not always with the Utilities Specialist qualifications. The SCL supervisor is typically a Utilities Specialist —this person would have discussed the pruning project ahead of time with the pruning contractor. Commented [CL75]: New section DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions C. A grove of trees may a considered for Heritage Grove status if, in addition to meeting one or Inore[of the crit ja in subsection B. above, the grove meets one or more of the following criteria: 1. The grove is relatively m re a rd1of a rare or unusual nature containing trees that are distinctive either due to e, shape, species or age; or 2. The grove is distinctive d - to functional or aesthetic relationship to a natural resource, such as tre ocated a ng stream banks, or trees located along ridge lines; or 3. The grove has a documented association with a historical figure, property, or significant historical event. D. Heritage Tree Development Review 1. When development is proposed for property that contains a Heritage Tree, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a qualified arborist or a qualified professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Removal Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be CL Page 15 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL76]: The rest of this section is from the City of Vancouver, Washington's heritage tree regulations. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown shall apply for a Tree Removal permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 1/iolations[ A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person fwhol. fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to - feu+ ]time the marketable value of each tree removed or damaged as determined by an ISA certified arborist. CL Page 16 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL771: From landscaping Chapter, TMC 18.52 110. ( Commented [CL78]: From landscaping Chapter Commented [CL79]: Commented [CL80]: Find RCW citation that allows up to 4 times the value to be charged. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 3. Any fines paid as a result of violations of this Chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund, with the remainder going to the General Fund. 3,4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 45. Penalties are in addition to the restoration of removed plant materials trees through the remedial measures listed in TMC Section 18.54.200. 5 6 It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial Measures. In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Tree Removal Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table K.B C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter_r a+14—apptieable Title. E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. 18.54.210 Enforcementj CL Page 17 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL81]: Remedial Measures from TMC 18.52.180, Enforcement and moved to be its own subsection. Items A and B are new; items C.— F. are existing text moved from TMC 18.54.180 D. Commented (CL82]: Revise Table 8 per Committee direction. Commented (CL83]: Revisions to TMC 18.45, the sensitive area regulations, will occur in 2018 and remedial measures for sensitive areas will be addressed there. Commented (CL84]: Existing text from TMC 18.54 that reflects revisions to the Enforcement section. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this Chapter to ensure compliance with, and/or remedy a violation of this Chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Removal Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Removal Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Chapter or any provision of an approved Tree Removal Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Removal Permit or this Chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of Tree Removal Permit issuance to ensure compliance with this Chapter. The permit process is complete upon final approval by the Director. CL Page 18 of 18 11/1/2017 5:32:35 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 al edits -no makrup-Committee edits Carol Lumb From: Carol Lumb Sent: Thursday, October 26, 2017 3:58 PM To: 2017 Tree and Environment Advisory Committee Cc: Andrea Cummins; Nora Gierloff Subject: Revised Definitions and Tree Regulations Attachments: Draft TMC 18.54 all edits -no markup -Committee Edits.docx; Revised Definitions Committee Edits.docx Importance: High Hello everyone, I am attaching revised definitions and tree regulations that hopefully reflect the work of the Committee to -date. I would appreciate your careful review, particularly of TMC 18.54, and any yellow highlighted text and comments from staff in the margins looking for guidance/confirmation from the Committee on word revisions etc. Also please note on page 4 that I have developed two different tables to address tree removal on single-family zoned lots improved with a home. The second table tries to incorporate the distinctions developed for the number of trees that could be removed based on the diameter of the tree from our meeting on October 18th, the other chart is a little more simple in its approach. Please try to review this material prior to our meeting on Wednesday, November 1st. Dennis and Heidi — since you are unable to join us, please send any questions or comments so that we can discuss those at the meeting. We will need to make the most of our 2 %2 hours together as this will be our last meeting. Let me know if you have any questions or find you will not be able to attend the meeting. I am out of the office tomorrow, Friday, October 27th, but will return on Monday. Have a great weekend. Carol Carollumb, AICP, Senior Planner Department of Community Development City of 'Tukwila 630o Southcenter Blvd., Suite loo Tukwila, WWI 98188 206-431-3661 CaroCrumb@g-ukiviCa-wa.gov Yuktivila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 TUKWILA TREE AND ENVIRONMENT ADVISORY COMMITTEE AGENDA October 24, 2017 Meeting time: 6:00 — 8:30 P.M. Meeting location: Conference Room #2, 6300 Southcenter Boulevard (building east of City Hall — the front door will be unlocked so you can access the building) I. Welcome II. Public Comment III. Housekeeping IV. Review Committee Revisions: A. TMC 18.06, Definitions B. TMC 18.54, Tree Regulations V. Wrap-up — next meeting — if needed -DINNER ORDER Planning Commission schedule CL Page 1 of 1 01/09/2018 4:39 PM W:\\SharePoint\Long Range Projects\2016-2017 Landscaping -Tree Code Update\Tree Regulations\Advisory Committee\Agenda 10-4-17 G pay\ Nvi,-(1- fi DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree -Removal Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.170 Heritage Trees 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 18.54.010 [Purpose; The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Re protectiefrif existing trees prior to and during development; 2. Establish requirements for the long-term maintenance of trees and vegetation;. 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; CL Page 1 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits b ry (4Uw /1,, „to bL . 3J4 <t UA 3, L, tr/lL t Liz Ni CA Wu-(. rI.zR. i 1,*1i ham_ .ALL C4J 1 v✓�Fa.L. re" a.- . Commented [CL1]: New purpose text to reflect adopted Urban Forestry Comprehensive Plan goals and policies. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees within] the City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. 18.54.030 Tree Removal Permit Required (LFP) A. Permit Required!. 1_A Tree Removal Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of these Trees within the City, unless the action is exempt from this Chapter. A Tree Removal Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown. 3_A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B. Tree Removal on undeveloped lots is prohibited. C. Tree Removal [Exemptions,. The following activities are exempt from the requirements of this Chapter: 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees. 3. Routine (maintenance; of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year period. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Removal Permit application within one week of the emergency action and replace tree(s) if required by this Chapter. CL Page 2 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape &Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL2]: These regulations do not address understory vegetation —this regulated in SAO and Shoreline regulations. Commented [CL3]: Committee revision: Name permit "Tree Permit" then have different types: 1.Tree Removal 2.Tree Impact (for work in CRZ) 3.Eeritage Tree Removal 4.Exceptional Tree Removal Commented [CL4]: Mix of Lake Forest Park and current I exemptions in TMC 18.54 Commented [0.5]: From TMC 18.54.050 i ' vo44,1 ou L -h7 4-0 ivy( DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisio D. Tree Remova[ Permits-Arborist Report. The allowed removal of .lot.zoned ILowl Density Residential and improved with a single-family dwelling other than Exceptional or Heritage Trees does not require an arborist's re ort. All other Tree Removal Permits shall require arborisi review except for the removal of Significant t(5 ,ac. a,[^- Okillo'k. - 18.54.040 PERMIT SUBMITTAL REQUIREMENTS A. Permit Application. Prior to any tree removal-o.F site clearing, or work within the CRZ a Tree Removal Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal rShowin: a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal i howing: a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the Ifollowini: a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, ifkequired 4. A photo of the tree(s) to be impacted or removed. 45. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. CL Page 3 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits forlitrs)4- 0-6 q(t1/ { Commented [CL6]: Order of text revised by Committee. lz ✓ (NALL. /4M"4,ct Commented [CL7]: TMC 18.54.0801. { Commented [CL8]: From TMC 18.54.080 2. [Commented [CL9]: Revised from TMC 18.54.080 3. { Commented [CLIO]: New text. Wr 044, At0 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A B.[No-Fee Permit Application Removal of oTrees or Less. The removal of 1-4 trees 4-12" in diameter within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling, is subject to a no -fee Tree Removal Permit. Items to be submitted with the permit application are: 1_Site plan, with the tree(s) to be removed identified, the tree species, and diameter of tree and the location of any affected futility lines within the overhead "fall zone" or other built infrastructure; 2_Photos of the tree(s) to be removed; 3. The method of removal and identification of contractor; and 4. Time schedule of tree removal. If trees are larger than 12" DBH, the number of trees that can be removed from a property zoned Low Density Residential and improved with a single family dwelling thetterr re ,papica/Pd is calculated as follows: A tree >12"A18" DBH —counts as 1'Atrees —therefore, in a 36 month period one 12" DBH tree and two trees between 12-18" DBH may be removed. A tree that is >18" 4" DBH counts as 3 trees, therefore, in a 36 month period, one tree that is >18-24" DBH - ...,uti -d in addition to one tree between 4- 12" DBH may be removed. .F 'V° C. Permit Materials'' laiverli The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application iFeell V Fee required: Except for a Tree Permit for the removal of fear trees in-a-3-6-m period from a site zoned Low Density Residential and improved with a single family dwelling,r--- Tree Removal Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. 18.54.050 Permit Approval Criteria, General. CL Page 4 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 all edits -no makrup-Committee edits la S 12- \2 Commented [CM]: Permit application should also suggest that applicant call 811 for a utility locate to ensure no underground utilities will be impacted by tree removal. Commented [CL12]: From existing TMC 18.54.090 Commented [CL13]: Modified from existing TMC 18.54.100 9 54, OJ° 1-5 f W J Commented [CL14]: Revised and moved to Permit Approval Criteria section. Commented [CL15]: Replaced with proposed text below. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A All Tree Removal Permit applications shall meet the criteria outlined below for approval. 8, �A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. B. Tree protection will be implemented as required in TMC 18.54.070. &C.Tree replacement will be implemented as required in TMC 18.54.080. FD. Tree Replacement Funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. GE. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, (particularlito provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive T1reesi. B. Topping of trees is prohibited and considered removal, except for fruit treesvhich are being pruned to increase harvest potential. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. I‘Nhen trees, including alders and cottonwoods,, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Li -ow with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target; or, d. Extreme risk.; 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures and potential for root or canopy interference with utilities. D. Where permitted, removal of Exceptional or Significant trees on a property zoned Low Density Residential and improved with a single-family dwelling beyond the,four-trees---"'^ permitted within a 36-month period that are removed hall be replaced d pursuant to the tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact .rom the loss of the vegetations a result of the tree removal. E. Retention and Replacement of Canopy Cover. On undeveloped sites or sites with dense standstof trees, where the cost of identification of individual tree species and sizes is CL Page 5 of 17 10/21/2017 3:13:02 PM W:\\sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL16]: This text is currently found in TMC 18.54,130 A. and is proposed to be replaced with the text below. Commented [CL17]: The Committee discussed this phrase but aid not come to a decision on whether to revise it, delete it etc. The discussion centered around how much extra cost is it 0K to add to a project in order to save trees? How far would this be pushed? Commented [AC18]: I can see how this could bean issues— what is reasonable, a developer won't think anything is..i. Commented [AC19]: From 18.44.080 B.1. Commented [AC20]: From LFP ra tJ J[A 0 Commented [CL21]: From existing code TMC 18.54.140 B. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions inordinate relative to the project, the Director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees: a.The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. b.Canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be calculated based on the canopy cover from the City's preferred tree list. F. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off - site tree replacement as required by this Chapter. G. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. H. The bepartmen shall conduct a tree canopy assessment every five years from the date of the adoption of this Chapter t'tensure that the tree canopy goals of the Comprehensive Plan are being met. 18..54.070 Tree Protection 5tandards1 Alljltreesvcgctation[not proposed for removal shall be protected using Best Management Practices and the standards ibbelo4 A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third-partyAR arborist may be required to review long-term viability of the tree. C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the co tion;barriers! shall be based on the approximate age of the tree (height and canopy) as hollows: ------------------------ ------------ ----------- 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No CL Page 6 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits . iljc , quatet. (w Commented [CL24: Added by the Committee to make sure we are monitoring tree canopy percentages over time. Commie sure we 3 . A ded b the Committee to make r jn e c n cftTAiaQes over time. Commented [CL24]: Title of section revised from current code Commented [CL25]: Proposed text changes below. Commented [CL26]: Revised by staff as this Chapter addresses trees, not vegetation. Commented [CL27]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as thertree protection criteria to be followed. 7 t4t Louti Commented [CL28]: Wh he difference between the physical barriers discussed i . d construction barriers. t Commented [CL29]: From ISA standards Ctieicvlit DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions soil disturbance, parking, storage, dumpin f burning of materials is allowed within the Critical Root Zone. The value of this tree is insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54.190." G. All tree protection measures shallbe installed and inspected by the City, and if deemed_ necessary a Qualified Tree Professional, prior to beginning construction or earth .novin]. H. Any branches or limbs that are outside of the CRZ and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs except under the direct supervision of an ISA certified larborist1 I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 101jfeet of the CRZ shall be approved by the City prior to implementation. L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection shall be conducted by the City i eq feci to finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 18.54.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum requirements: A. Each existing Significant Tree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's tree replacement fund. CL Page 7 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL30]: My notes show that I struck these two words, but I didn't write down what to substitute here. Commented [CL31]: Modified from TMC 18.54.160 B. Commented [CL32]: The Committee discussed when or if to allow construction personnel to prune affected tree limbs. Commented [CL33]: Confirm with PW — is this a reasonable distance Commented [CL34]: Existing code, TMC 18.54.130 3. with revisions as noted. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions B. Tree Replacement Ratios: Table A below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. Table A does not apply to the removal of one -four Significant `frees, on a property zoned Low Density Residential and improved with a single-family dwelling. C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of theprojec. Replaced trees that do not survive must be replanted in the next appropriate season for planting. D. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the tree replacement fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. TABLE A: Tree Rep acement Requirements Diamctcr* ..F T..... D.. m......rl !*me-...urcd Number of Replacement Treor pectu rn.1i I n 6 •nchcr lringlc trunk) 3 2 inch..- (any ♦runk of a multi t nk trcc) 3 Over 6 8 inches 4 Ovcr 8 20 inches 6 Over 20 inch�o:nchcr Amount of Tree Canopy Equivalent Stature Tree Number of Replacement (Removed Tree) ITreesj Up to 500 sq. ft. Small Canopy Tree 3 501-1000 sq. ft. Medium Canopy Tree 2 >1001 sq. ft. Large Canopy Tree 1 E. Tree replacement shall also meet the standards in TMC 18.54.160. 18.54.090 Tree Relocation Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund CL Page 8 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL35]: Do we need to distinguish Significant from Exceptional and Heritage trees, which would require replacement? Commented [CL36]: Define what this means. Commented [CL37]: We have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL38]: Committee direction is to look at other ways to establish the number of trees required for replacement — perhaps tie to the amount of canopy proposed replacement tree would provide. Commented [CL39]: To encourage the retention of trees and their replacement with large canopy trees, the Committee linked the amount of tree canopy provided by the removed tree to the number of replacement trees required. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A. When trees are topped o removed without a permit, or if the number of replacement trees required by Tabl annot be accommodated on -site, the Director shall require payment into the Tree placement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen tree; 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Money in the Tree Replacement Fund may be used by a single family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, per the standards in TMC 18.54.4601. 18.54.110 Performance Assurance; To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Removal Permit, subject to the following provision: A. Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures duringthe construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance assurance Where replacement trees are required, the applicant may be required to post a oncthrcc year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required CL Page 9 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL40]: Committee also added "installing" but that is covered in #2 below. l Commented [CL41]: Need to confirm with Public Works. , Commented [CL42]: Revised from TMC 18.54.120 - - { Commented [CL43]: Commented [CL441: Question raised on how to ensure the trees survive once the property is sold and the homeowner takes over maintenance - contractor has posted the financial assurance but no longer has access to the property.. 001,0IL( v/1 k DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be redeemedi in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 18.54.120 [Liability', A. Liability for any adverse impacts or mages resulting from work performed in accordance with a Tree Re(ovalPermit, be the sole responsibility of the owner of the site for which the per It was slued. B. Issuance of a Tree Removal Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. f the applicant shall at all times protect improvements to adjacent Ovate properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. CL Page 10 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits [Commented [CL45]: I/this/he right term to use? 15 Commented [CL46]: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. Commented [CL47]: Moved from Permit Conformance section 18.54.160 C. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.130 Permit Processing and (Duration A. All Tree Removal- Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. B. If the Tree Removal- Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree Removal Permits expire one year after the date the permit is issued. 18.54.140 Permit [Exceptions A. Exception Procedures An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the City. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria 1. The Director may grant exceptions from the requirements of this Chapter when undue hardship may 4,yireated by strict compliance with the provisions of this Chapter. Any authorization for`"exception may prescribe conditions deemed necessary or desirable for the public interest, oh,ecessary to meet the intent of this Chapter. 2. An exception to this Chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed treevcgctation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a Qualified Tree Professional. CL Page 11 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL48]: Existing text — moved from 18.54.150. Commented [CL49]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. 18.54.160 Replacement Tree Standards A. Soil Preparation 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs kncludinpl, but not limited to: a.Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material Standards 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). There must be a diversity of tree and shrub genus and species in the site landscaping, taking int„ nt < sting de eio Rt nd the site, CL Page 12 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits ,per t, oir Commented [CL50]: New section Commented [CL51]: A.1. And 2. Modified from TMC 18.52, landscaping regulations. Commented [CL52]: From TMC 1;3.52.070, landscaping regulations. Commented [CL53]: Text in this section adapted from TMC 18.52.060 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. ,Nherel, there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter !mended'. No more than 25% of the tree canopy shall be pruned in any two-year period. 2. CAII protected and replacement trees and vegetation shown in approved Tree Removal ClcUring Permit materials shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree CIeaeing Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA certified Arborist Utilities Specialist or performed by the utility provider under the direction of an ISA certified Arborist Utilities Specialist. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Tree, A. Heritage Trees must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree is located. B. Designation Criteria: A tree that meets the basic definition of Heritage Tree must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. CL Page 13 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL54]: From TMC 18.52.060 8.4 Commented [CL55]: Modified from 18.52.080 C. Commented [CL56]: From TMC 18.54.160 D. { Commented [CL57]: New section DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions Once approved, the Heritage Tree shall be identified by signage that provides information as to the tree's significance. C. A grove of trees may be considered for Heritage Grove status if, in addition to meeting one or more of the criteria in subsection B. above, the grove meets one or more of the following criteria: 1. The grove is relatively mature and is of a rare or unusual nature containing trees that are distinctive either due to size, shape, species or age; or 2. The grove is distinctive due to a functional or aesthetic relationship to a natural resource, such as trees located along stream banks, or trees located along ridge lines; or 3. The grove has a documented association with a historical figure, property, or significant historical event. D. Heritage Tree Development Review 1. When development is proposed for property that contains a Heritage Tree, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a qualified arborist or a qualified professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shalt be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases apved for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Rem -oval Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or CL Page 14 of 17 10/21/2017 3:13:02 PM W:\\sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented (CL581: The rest of this section is from the City of Vancouver, Washington's heritage tree regulations. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown shall apply for a Tree Removal permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 I/ioIations[ A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person uvho; fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. CL Page 15 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL59J: From landscaping Chapter, TMC 18.52.110. Commented [CL60J: From landscaping Chapter DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 2_Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to four times the marketable value of each tree removed or damaged as determined by an ISA certified arborist. 2 3. Any fines paid as a result of violations of this Chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund, with the remainder going to the General Fund. - -4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 45_Penalties are in addition to the restoration of removed plant materials trees through the remedial measures listed in TMC Section 18.54.200. 5-6_It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial jMeasure. In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Tree Removal Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table A. C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter_, and applicable ed in the Sensitive Areas Overlay District Chapter of this Title. E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. CL Page 16 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 all edits -no makrup-Committee edits w,— p ,.giaoLd3 41' u, hcv iC. Ul -u Commented [CL61]: Remedial Measures from TMC 18.52.180, Enforcement and moved to be its own subsection. Items A and B are new; items C.— F. are existing text moved from TMC 18.54.180 D. Commented [CL62]: Revise Table A per Committee directon. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.210 !Enforcement A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this Chapter to ensure compliance with, and/or remedy a violation of this Chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Removal Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Removal Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Chapter or any provision of an approved Tree Removal Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Removal Permit or this Chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of Tree Removal Permit issuance to ensure compliance with this Chapter. The permit process is complete upon final approval by the Director. CL Page 17 of 17 10/21/2017 3:13:02 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 all edits -no makrup-Committee edits Commented [CL63]: Existing text from TMC 18.54 that reflects revisions to the Enforcement section. TUKWILA TRE_ LND ENVIRONMENT ADVIS. tY COMMITTEE AGENDA October 18, 2017 Estimated Time Agenda Item # Topic Staff Person Explanation 2 minutes I. (6:00 PM) WELCOME AND INTRODUCTIONS Carol Brief welcome — make sure everyone has their meal 5 minutes II. (6:02 PM) PUBLIC COMMENTS Chair Public invited to provide brief comments (limit to 2 minutes) — for longer comments, send e-mail to staff to be shared with Committee members. **This is a work session format — no questions/comments from the public will be entertained during meeting — again, public is encouraged to provide written comments to staff who will send them to Committee. When the draft code goes to the Planning Commission and then to the City Council there will be opportunities for formal testimony at public hearings held at each level. 138 minutes IV. (6:17 PM) CONTINUE REVIEW: draft tree code Carol Review Committee revisions to draft TMC 18.54 and Definitions. 5 minutes V. (8:25 PM) WRAP UP Staff **If needed: Dinner order for 11/1 Otherwise: Planning Commission schedule for review. CL Page 1 of 1 10/24/2017 4:19 PM W:\\Long Range Projects\2016 Landscaping -Tree Code\Advisory Committee Materials\Agenda 10/24/17 Mtg-Chair copy Comparisons of Tree Replacement Ratios Other Jurisdictions Jurisdiction Commercial/MF Single Family Issaquah If associated w/ commercial or MF revision to an approved landscape plan, replacement based on meeting landscape plan purpose and intent. 1 tree/every six inches of caliper DBH of trees removed Vancouver, WA For all parcels, minimum tree density is 30 treeunits/acre see attached for section of code with more details. Lake Forest Park Minor Tree Permits: Replacement tied to canopy goals for the use sq. ft. and 39% for lots Tots <10,000 sq. ft. Requirement for each tree removed to or greater than the trees being trees or newly planted is based on the lesser of these at or above the applicable at or above the percentage — SF canopy goal is 58% for Tots >15,000 10,000-15,000 sq. ft. and 28% for is generally one replacement tree provide canopy coverage equal to removed. Canopy coverage for immature trees is based on projected tree canopy. Major Tree Permits: tree removal two options: a. Maintains the Canopy Coverage Canopy Coverage Goals; or b. Maintains Canopy Coverage existing prior to Tree removal. Redmond, WA One replacement tree for each significant tree removed. Portland, OR Regulated trees (dead, dying, dangerous, nuisance, w/in 10' of bldg., up to 4 healthy non - nuisance trees/year <20" diameter) 1 tree for every tree removed Portland, OR Regulated trees that are healthy non -nuisance trees > 20" diameter; more than 4 healthy non -nuisance trees >12" diameter per site/year Up to inch for inch replacement, determined on case -by -case basis by City `Forester Bothell If significant trees (8" or larger) cannot be retained in a development site: Each significant tree shall be replaced by a mixture of three deciduous and/or coniferous trees. For each two inches over eight inches on the dead, damaged or removed tree, one new tree shall be planted. Renton Minimum tree density shall be maintained on each residentially zoned lot: Multi -family: 4 significant trees for every 5,000 sq. ft. Single family: 2 significant trees for every 5,000 sq. ft. If the number of trees includes a fraction, any amount equal to or greater than on -half shall be rounded up. W:\\Sharepoint\Long Range\2016-17 Landscape -Tree Code\Draft Tree Regs\Advisory Com\Other Jurisdictions Tree Replacement Page 1 of 2 10/18/2017 4:26 PM Comparisons of Tree Replacement Ratios Other Jurisdictions Burien The required number of significant trees (6-inches) are to be replaced with: 1. Transplanted significant trees; or 2. New trees measuring 3-inche caliper or more at a replacement rate of one and one-half inches diameter for every one -inch diameter of the largest caliper removed significant tree; or 3. New trees measuring less than 3-inches in caliper at a replacement rate of 2 inches diameter for every one -inch diameter of the largest caliper removed significant tree on a space available basis Question: should there be a distinction between tree replacement for those who get a permit vs. those who do not and apply for a permit after code enforcement action?? teo -Mgt t 1\219L0-t✓vreAvnt-- full v./.- z I S - Lo � 04620 vs c f _ ca i o0� \ . " - 1 op I , i WG,lei,"" u,rev ( 3 - -N e. O % G4 pat Lit/ aLat,-1 S-OlgYkt H a K' d/o (g& 4J 01,1 0 'JSS 7� W:\\Sharepoint\Long Range\2016-17 Landscape -Tree Code\Draft Tree Regs\Advisory Com\Other Jurisdictions Tree Replacement Page 2 of 2 10/18/2017 4:26 PM Carol Lumb From: Carol Lumb Sent: Friday, October 13, 2017 2:44 PM To: 2017 Tree and Environment Advisory Committee Subject: Latest Revisions to TMC 18.54 Attachments: Draft TMC 18.54 all edits -no markup -Committee Edits.docx H i, I have incorporated the changes made last night by the Committee to the proposed tree regulations and am attaching them in case you want to review before next week. The Committee's changes are shown in strikeout/underline. At your direction, Andrea and I will consider other options for determining how the number of replacement trees are calculated. We will pick up with TMC 18.54.170, Heritage Trees at our next meeting, which is Wednesday, October 18"'. Thanks so much for all your work on this! Have a great weekend. Carol CarolCumb, J4ICP, Senior Planner Department of Community Development City of 'Tukwila 630o Southcenter Blvd., Suite 100 Tukwila, '1V..21 98188 206-431-3661 Caro C.Lumb@'T kwiCativa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 TUKWILA TREE AND ENVIRONMENT ADVISORY COMMITTEE AGENDA October 12, 2017 Estimated Time Agenda Item # Topic Staff Person Explanation 2 minutes I. (6:00 PM) WELCOME AND INTRODUCTIONS Carol Brief welcome — make sure everyone has their meal 5 minutes II. (6:02 PM) PUBLIC COMMENTS Chair Public invited to provide brief comments (limit to 2 minutes) — for longer comments, send e-mail to staff to be shared with Committee members. **This is a work session format — no questions/comments from the public will be entertained during meeting — again, public is encouraged to provide written comments to staff who will send them to Committee. When the draft code goes to the Planning Commission and then to the City Council there will be opportunities for formal testimony at public hearings held at each level. 10 minutes III. (6:07 PM) HOUSEKEEPING A. Meeting Notes Carol With weekly meetings, staff plans to annotate a clean copy of the draft revisions to TMC 18.54 with the changes made by the Committee each week. I will send that out as soon as possible after the meeting for review by the Committee. 1. OK with the Committee? 2. Does the Committee want to spend time at the beginning of each meeting reviewing the previous week's changes or wait until review of the entire Chapter is completed? B. Dinner Order • For next week — pass around sign up sheet CL Page 1 of 2 10/10/2017 9:20 AM W:\\Long Range Projects\2016 Landscaping -Tree Code\Advisory Committee Materials\Agenda 9-13-16 Mtg-Chairman copy TUKWILA TREE AND ENVIRONMENT ADVIS RY COMMITTEE Estimated Time Agenda Item # Topic Staff Person Explanation 128 minutes IV. (6:17 PM) CONTINUE REVIEW: draft tree code Carol Pickup on the bottom of page 9, draft TMC 18.54 5 minutes V. (8:25 PM) WRAP UP — next meeting Staff Pick up where we leave off tonight on TMC 18.54 CL Page 2 of 2 10/10/2017 9:20 AM W:\\Long Range Projects\2016 Landscaping -Tree Code\Advisory Committee Materials\Agenda 9-13-16 Mtg-Chairman copy TUKWILA TREE AND ENVIRONMENT ADVISORY COMMITTEE AGENDA October 12, 2017 Meeting time: 6:00 — 8:30 P.M. Meeting location: Conference Room #2, 6300 Southcenter Boulevard (building east of City Hall — the front door will be unlocked so you can access the building) I. Welcome II. Public Comment III. Housekeeping A. 10-12-17 Meeting Follow -Up 1. How other jurisdictions address replacement tree ratios. 2. Tying stormwater fees to tree canopy B. Dinner Order IV. Continue Review of Revisions to TMC 18.54, Tree Regulations V. Wrap-up — next meeting CL Page 1 of 1 10/18/2017 11:46 AM W:\\SharePoint\Long Range Projects\2016-2017 Landscaping -Tree Code Update\Tree Regulations\Advisory Committee\Agenda 10-4-17 4)1 501 - i000 tj Toot > Sri 2/%'t71,--‘3 ers�m-F, -rveey2 awc 045✓ f z. ifrat-f-- j,r�o� eat_ I 62,159v F (31.-- & t fin"t Q2 7 t -11 — IQ'' )>��- 1 ,S bet sn- �(-), 1e;cry I oit4i,„)n A-0 aw, 6ezeek___ LetV DRAFT TMC 18.54 TREE REGULATIONS CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 48.54-910 —Ti p 18.54.012.0 Purpose 18.54.0230 Scope 18.54.0370 Tree Removal Permit Required 18.54.0480 Permit Submittal Requirements-Applisatien Materials 18.54.050130 Permit Approval Criteria 18.54.06440 Peramft ExceptionsTree Retention Standards 18.54.0760 Tree Protection Standards 18.54.0815 _ Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.1670 Heritage Trees 18.54.180 Approved and Prohibited Trees 18.54.1790 Violations 18.54.200 Remedial Measures 18.54.2180 —Enforcement 48754:190--Liability 4844 144-Wel 18 54.020—Rurpose1 CL Page 1 of 21 10/4/2017 3:18:59 PM W:\\5harepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL1]: This section not needed. Commented [CL2]: Replaced by new section, below. as4 DRAFT TMC 18.54 TREE REGULATIONS {1) making noise; 1),--Maintan41:16-viabikty-ef-existiog-stan4a-ef-trees-an421414148f6t0Pf -vegetation, ,viru -rut&. 18.54.010 [Purpose' The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Regulate the protection of existing trees prior to and during development; 2. Establish requirements for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and.- 9. Establish procedures for penalties and violations of the tree code. CL Page 2 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL3]: New purpose text to reflect adopted Urban Forestry Comprehensive Plan goals and policies. DRAFT TMC 18.54 TREE REGULATIONS 18.54.0230 Scope r 7 4 This chapter sets forth rules and regulations to control clearing of treesind-aadarstosjcuegetatien3 within the City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. Clmring Permit: sbereline-zene: plant-nureery. easements: Fs ptienr r / 18.54.0370 Tree Re oval Permit RequiredULFPj A. Permit Required. Commented [CL4]: Revised and incorporated into Permit Required section below Commented [CL5]: This section not needed Commented [CL6]': Incorporated into section below. the Director.. Winos rn^ cifi all t d d th' H rr L.y MI VI/Jul )/:;:kt 'WN71/,1 �_'IT-'vPt'c-r !,\Z✓ 1. A Tree Rer4val Permit is required prior to work within the Critical Root Zone of 41t 1. do tu-e' meA4y/n�[v rj any Significant, Exceptional or Heritage Tree or i}rior to the removal or destruction of any these Trees within the City, unless the action is exempt from 4-I- .4 'JC-Q. eu this Chapter. II JP �lo q 1 2. TA Tree Removal Permit is required when any peYson wishes to prune a Heritage Tree in excess of 20% of the existing crown. CL Page 3 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Drat TMC 18.54 edits accepted J � 1 ¶re - AnD4,-- — JbQ.. G✓ -FY N+) - Cu. Ail ketk. DRAFT TMC 18.54 TREE REGULATIONS 3. A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B. Tree Removal on undeveloped lots is prohibited. C. Tree Removal kxemptionsi. The following activities are exempt from the requirements of this Chapter: 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees. 3. ioutinelmaintenance of trees necess to maintain the health of cultivated plants, or to contain noxious weed r invasive species as defined by the City of Tukwila or King County. Commented [CL7]: Mix of Lake Forest Park and current exemptions in TMC 18.54, OS O Commented [CL8]: #2 from City of Redmond, WA tree code Z00l0 6.6 y4t$Ttt,I rWOwA iiA Zc d rc.t'c'�l. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Removal Permit application within one week of the emergency action and replace tree(s) if required by this Chapter. U,, D. Tree Rer]if4oval Permits. All Tree Removal Permits shall require arborist review except for the emoval of Significant Trees, other than Exceptional or Heritage Trees, including invasive species, on a lot zoned Low Density Residential and improved with a single-family dwelling. 5u. 1 • 18.54.0430 PERMIT SUBMITTAL REQUIFjE1VIENTSOeiv ��D� or U)Y'- IA 4k A. Permit Application. Prior to any tree re i oo earinga Tree Removal Permit application must be submitted to the Department of Community bevelopment containing the following information: 1. Site Plan of the proposal ihowin v a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal ,hpwaring: _ a. Diameter, species name, spacing and location of replacement trees to be planted; CL Page 4 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 edits accepted Commented [0.9]: TMC 18.54.080 1. Commented [CLI O]: From TMC 18.54.080 2. DRAFT TMC 18.54 TREE REGULATIONS b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the fro]towin : - a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, ifk auired. 4,4. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. A. B. No -Fee Permit Application — Removal of Four Trees or Less. The removal of 1-4 trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling, is subject to a no -fee Tree Removal Permit. Items to be submitted with the permit application are: 1. Site plan, with the tree(s) to be remove I entified, the tree species, and diameter of tree and the location of any utility lines or other built infrastructule; t"4 [" I Commented [CL11]: Revised from TMC 18.54.080 3. Commented [CL12]: New text. 2. Photos of the tree(s) to be removed; 3. The method of removal and identification of contractor; and V" " ' 4. Time schedule of tree removal. B: C. Permit Materials Waiver The Director may waive the requirement for any or all plans or permit items specified in this chapter section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Cehapter and other City ordinances. Such waiver of a requirement for permit ,..atcriall shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application ee Fee required: " ^ rofundable . mit . .Beat•,. coo willbe collect d _t tti t f proce« of pt,, s to standards nd appeals pursuant to this cha..to. A Tree Removal Permit fee shall be paid at the time an application or request is filed with the department, CL Page 5 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted p,o,t,w_pa r4t- i)( Viwit 1/1 f 3°`--(-7 Commented [CL13]: From existing TMC 18.54.090 Sc� dAfte Commented [CL14]: Modified from existing TMC 18.54.100 DRAFT TMC 18.54 TREE REGULATIONS pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. B. Fee: The City .shall collect a fee for procc2Ang a Trcc Clearing Permit per TMC Section 18.88.010, except as otherwise noted in this chapter. C. Fcc exception: No fee shall be required for vegetation clearing associated with land al♦eying activity ed u nder a 1 ..nd Alterine. oerp.it here, r Bch r ri+ier reed• 1. The required security shall be submitted prior to the issuance of a Tree Clearing Permit. 2. The security shall be equal to City Staff's best estimate of possible costs directly Under a Trcc Clearing Permit (e.g. the replacement of vegetation approve case shall the security exceed an amount equal to 2.5 times the current: cost of re ;e plants• p r the Tree Rcplaeep.en+ r ntr of this• chapter 3. The security shall not be fully released without final inspection and approval of jar-eser-i-beel4Fial-maiiatenanee-pefiael-Fen-t-he-pef-Mit, (Orr. , 7d o §1 (part),995) 18.54.0540 Permit Approval Criteria, General. ' . denipl et any tree clearing included in a Tree. Ciear: a Permit plic All Tree Removal Permit applications shall meet the criteria outlined below for approval. A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. 8. Tree protection will be implemented as required in TMC 18.54.070. CL Page 6 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL15]: Revised and moved to Permit Approval Criteria section. Commented [0.16]: Replaced with proposed text below. J DRAFT TMC 18.54 TREE REGULATIONS i(f)n C. ree replacement will be implemented as required in TMC 18.54.080. D. Funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in MC 18.54.100, if required. E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards n +rue+ed +o re+.,in fisting heal+hy trod asp sii4e and to meet the following criteria. priori+., shall bo ♦o o+en+ien of istirig stands of +sees ♦reps at sit , Ar -. Bu fp n,d health.• at, t a r (1) retained; OR (2) ,edl b., methods which n_dlamaging to the tree and roplas a ith c. Vegetation removal shall be undertaken in such a manner as to preserve, to the degree possible +ho aesthetic anal ecological benefits proviso, b., s„ch vegeta+ion Commented [CL17]: This text is currently found in TMC 18.54.130 A. and is proposed to be replaced with the text below. A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a vuraji)L uR� site proposed for development, or re -development particularly to provide a buffer , I between development, taking into account the con tion and age of the trees. As part p� of a land use applicatiol5 such as, but not limited to, subdivision or short plat review, S� l'�` 1 design review or building permit review, the Director of Community Development or the %\,�,) 1^r 1 , Board of Architectural Review may requir Iterations to the arrangement of buildings, .'— , i/ parking or other elements of proposed velop4nt in order to retain Significant non-i ll' invasive freesj. 04saY-464 )nbdh, _ V , - - Commented [AC18]: From 18.44.080 8.1. B. Topping of trees is prohibited and considered remova4 Q.k(alo]lx4'e eV C. Trees located on vacant properties shall not be remold except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and t/ where the risk cannot be reduced to 1w with mitigation, such as pruning: I/� a. Moderate risk with significant consequences; b. Moderate risk with severe consequencess c. High risk with a target or risk target; or, d. Extreme risk., - 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures and potential for root or canopy interference with utilities. D. Where permitted, removal of Exceptional or Significant trees on a property zoned Low Density Residential and improved with a single-family dwelling beyond the four trees permitted within a 36-month period that are removed shall be replaced pursuant to the CL Page 7 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted 'PISA 5fE� \ Commented [AC19]: From LFP 44 -t- DRAFT TMC 18.54 TREE REGULATIONS Commented [CL20]: From existing code TMC 18.54.140 V. cover from the City's preferred tree list. ,� Or )1. 404.(MY 1.1,,A^ tad id nn k F. Protection of trees shall be a major factor inrthe location, design, construction and t "t,t.' maintenance of streets and utilities. Remova of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off -site tree replacement as required by this Chapter. G. A Qualified Tree Professional shall provide an assessment of any tree proposed for retentio to ensure its survivability during construction. .SK j r. A. P''(1044,4 v 18..54.070 Tree Protection Meacua es Standards , , a. The proposal shall include trcc protection measures which meet or exceed best sufficient to ensure the viability of protected trees and other vegetation identified for reter 4iea tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the loss of the vegetation as a result of the tree removal. E. Retention and Replacement of Canopy Cover. On undeveloped sites or sites with dense ptands of trees, where the cost of identification of individual tree species and sizes is inordinate relative to the project, the Director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees: a.The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. b.Canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be c d based on the canopy intruding into of protected Jcget- Lion All vogetation not proposed for removal shall be protected using Best Management Practices and the standardsbelowj_ _ A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. tn(,Q,ti ce19 of +�ati lau ^✓�, B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate material n arborist may be required to review long -ter viability of the tree. Ui %- ""'r ('t tLew 44,c pe C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree.or.grouping at the CRZ. D. Minimum distances from the trunk for the i ion barriers hall be based on the approximate age of the tree (height and cano 4) as ollows Ow .LhWcJa... CL Page 8 of 21 10 / /2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree C e\Tree Code\Draft TMC 18.54 edits accepted Commented [CL21]: Title of section revised from current code Commented [CL22]: Proposed text changes below. Commented [CL23]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as the tree protection criteria to be followed. 64,1104/3,7` ." tee— c Commented [CL24]: From ISA standards PINtV`c"` - DRAFT TMC 18.54 TREE REGULATIONS 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE —THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the 6/1A Critical Root Zone. The value of this tree is $(insert value of tree as determined by a fQ. " Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54.190." O�rpt%t.. A, (� G. All tree protection measures installed rid inspected by the City, and if deemed �'", necessary a Qualified Tree Professi nal, prior o -beginning construction or earth /� P-- " �/� xw�% �fnovin Commented [C125]: Modified from TMC 18.54.160 8. H. Any branches or limbs that are outside of the CRZ; and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessar to prepare the trees for the;tress of construction activities. 1)1+)�[� .A✓Fs�ty�/Z.eyw V/ J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10lfee1 of the CRZ shall be approved by the City prior to implementation. L. The applicant is responsible for ensuring that the CRZ of trees on adjaAent properties are not impacted by the proposed development. iY , 4,, M. A pre -construction inspection s require o ina lee tree protection actions. N. Post —construction inspection of protected trees shall be conducted by the City, and if deemed necessary1`a Qualified Tree Professional. II corrective or reparative prL1ping will be conducted ttv a Certified Arbori 18.54.080 Tree Replacement Standards ( tux. & vJiate' When tree replacement is required, tThe site shall be planted with trees to meet the following minimum equirements CL Page 9 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted sz,c C r U L J 1 4i00J T czo . Commented [CL26]: Confirm with PW — is this a reasonable distance Commented [CL27]: Existing code, TMC 18.54.130 3. with revisions as noted. DRAFT TMC 18.54 TREE REGULATIONS A. Each existing Ssignificant Ttree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's tree replacement fund. B_Tree Replacement Ratios: Table A below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. Table A does not apply to the removal of one -four Significant Trees on a property zoned Low Density Residential and improved with a single-family dwelling. C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenancejor the life_oLthe project. Replaced trees that do not survive must be replanted in the next appropriate season for planting. D. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the tree replacement fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. Piameter--af--E-KistiRg--Tree-Removeci d No. of Replacement Trees Required 4 8 inches 1 8 12 inches 12 18 inches 4 18 21 inches 6 >21 inches. 8 TABLE A: Tree Rep acement Requirements Diameter* of Tree Removed (*measured at Number of Replacement Trees Require d height of 4.5 feet from the ground) _ _ 4-6 inches (single trunk) 3 2 inches (any trunk of a multi -trunk tree) 3 Over 6-8 inches 4 Over 8-20 inches 6 Over 20 inches E. Tree replacement shall also meet the standards in TMC 18.54.160. CL Page 10 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL28]: We have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. DRAFT TMC 18.54 TREE REGULATIONS aurcory-Stock; 18.54.090 Tree Relocation Tree relocation shall be carried out according to Bbest Management Ppractices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund Commented [CL29]: Planting standards moved to new section below. A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table A cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: ordyf, � � 1. The cost(�f a 2" caliper deciduous or 6' evergreen tree; 7 'f`'a 2 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. 5F P"M h. 0-LLB t plow 5 b ^" `�`� 18.54.1120 Performance Assurance , To mitigate potential damages that may result from unauthorized tree removal or maintenance thou ld the „ It of cle .,hick ; of autho el b a r Cl 6o it, the Director may require f-Feaathe applicant to submit a bond, letter of credit, or other means of assurance security acceptable to the City prior to issuance of a Tree Removal Permit, subject to ;the following provisions shall ^ply i^ nst^ncos where , la cities ^ ,d: A. Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures. The amount of CL Page 11 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL30]: Revised from TMC 18.54.120 DRAFT TMC 18.54 TREE REGULATIONS this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. JTree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a 41 ee ear replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances rovided in accordance with this Chapter may b redeemed in whole or in part by the City upon determination by the Director that the app icant has failed to fully comply with approved plans and/or conditions. 4 18.54.1290 iLiabilital A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Removal -Clearing Permit the City limits, be the sole responsibility of the owner of the site for which the permit was issued. A B. Issuance of a Tree Removal ClcUring Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Cehapter. CL Page 12 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 edits accepted Actil Commented [CL31]: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. DRAFT TMC 18.54 TREE REGULATIONS [_Nothing contained in this Cehapter shall be deemed to relieve any property owner within the City 'unite from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to per TMC Chapter 8.28. D_The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. Thelapplicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.1360 Permit Processing and [Duration; A. If the ea etati, ci, nd , re err mi rrl• ti t tti . c Permit. All Tree Removal Permits a;sshall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. B. If the Tree Removal Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree Removal Permits expire one year after the date the permit is issued. 18.54.140 Permit [Exception A. Exception Procedures —An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons iustifying the exception are provided by the applican exception criteria outlined below. B_A. Exception Criteria ;Approval of the exception is subject to the 1. The Director may grant exceptions from the requirements of this Cehapter when undue hardship may be created by strict compliance with the provisions of this Cehapter. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Cehapter. CL Page 13 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL32]: Moved from Permit Conformance section 18.54.160 C. Commented [CL33]: Existing text —moved from 18.54.150. Commented [CL34]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. DRAFT TMC 18.54 TREE REGULATIONS 2. An exception to this Cehapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Cehapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a Qualified Tree Professional request:: a. The recommendation of a certified arborict supports the exception. b. The size of the site or project cannot support the number of required replacement trees, c. c. On site planting of all required replacement trees is not feasible, and the project includes d. Smaller sized replacement plants are more suited to the species, rite condition` this !hapter. 1. The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. 2. To meet the requirements for site canopy cover, canopy cover may consist of any calculated at 311 square feet. bmittod in writing by the p erty owner to the Director anal shall a th CL Page 14 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 edits accepted Commented [CL35]: This provision (d.) revised and moved to "Plant Materials" below. Commented [CL36]: Moved to the Tree Retention section above., 18.54.040 B.4. Commented [CL37]: Revised and moved to TMC 18.54.140 A. above DRAFT TMC 18.54 TREE REGULATIONS 18.54.1560 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this CGhapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. 18.54.160 A. Soil Preparation - f Commented [CL38J: Covered in 18.54.040 B. 7. Commented [CL39J: New section 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a [depthL - - - of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs jnciudingl, but not limited to: - - a.Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the cr ns of erennial lants. B. lant Material standards{ 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good CL Page 15 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL40]: A.1. And 2. Modified from TMC 18.52, landscaping regulations. Commented [CL41]: From TMC 18.52.070, landscaping regulations. Commented [CL42]: Text in this section adapted from TMC 18.52.060 DRAFT TMC 18.54 TREE REGULATIONS color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). Th r. must be a divrsitLof tree and shrub genus a d sp: ies in the ite la•. .. to 2. vergreen trees shall be a minimum of 6eetheir' t at time of planting. 3 Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. bri. 0,1. Where there are overhead utility lines, the tree species selected shall f a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. oiettakvw— C.` Tree Maintenance and Pruning I\ 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter mendec4. No more than 25% of the tree canopy shall be , - pruned in any two-year period. 2. protected and replacement trees and vegetation shown in approved Tree Removal Clearing Permit meter -Ws shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Cleari++g Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA certifierborist Utilities pecialist or performed by the utility provider under the direction ofaWISA c' efr ified Arborist Utilities Specialist. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Tree A. Heritage Trees must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree is located. B. Designation Criteria: A tree that meets the basic definition of Heritage Tree must also meet one or more of the following criteria: CL Page 16 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 edits accepted Commented [C1.43]: From TMC 18.52.060 8.4 Commented [CL44]: Modified from 18.52.080 C. Commented [CL45]: From TMC 18.54.160 D. ww,v.180 o,R wlr�JV UAL eg{Ji. S JU°' =mil" j Commented [CL46]: New section DRAFT TMC 18.54 TREE REGULATIONS 1. Has exceptional national, state or local historical significance; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. Once approved, the Heritage Tree shall be identified by signage that provides information as to the tree's significance. C. A grove of trees may be considered for Heritage Grove status if, in addition to meeting one or f more of the criteria in subsection B. above, the grove meets one or more of the D. following criteria: 1. The grove is relatively mature and is of a rare or unusual nature containing trees that are distinctive either due to size, shape, species or age; or 2. The grove is distinctive due to a functional or aesthetic relationship to a natural resource, such as trees located along stream banks, or trees located along ridge lines; or 3. The grove has a documented association with a historical figure, property, or significant historical event. Heritage Tree Development Review When development is proposed for property that contains a Heritage Tree, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a qualified arborist demonstrating how the Heritage Tree will be protected and preserved. A Heritage n Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. 1. CL Page 17 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted (Dve. = io Corrfinented (CL471: The rest of this section is from the City of Vancouver, Washington's heritage tree regulations. l�- 1,3 [4,, Tom. l• DRAFT TMC 18.54 TREE REGULATIONS 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Removal Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown shall apply for a Tree Removal permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 /iolatIon A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. CL Page 18 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL481: From landscaping Chapter, TMC 18.52.110. determines the circumstances do not warrant imposition of any or all of the civil penalties. 4. Penalties are in addition to the restoration of removed piaiT i of ials through the remedial measures listed in TMC Section 18.54.200. 5. It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial Measures. In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Tree,ilemerval Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table A. C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter, amil-evritc-Arte standards foL.mi_tigation o i lints in the Sencirivo erc n 1p tr - s .h c E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. CL Page 19 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person wha fails to comply with the provisions of this Chapter also shall be subject to a civil - - penalty assessed against the property owner as set forth herein. Each unlawfully Commented (CL49]: From landscaping Chapter removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City ( �� approval is subject to a fine of $1,000 per tree, or up tohlr-rnarketatte-value of eac T' tree removed or damaged as determined by an ISA certified arborist. 4 nrW/3 3. The Director may elect not to seek penalties or may reduce the penalties if he/she i` i Commented (CL50]: Remedial Measures from TMC 118.52.180, Enforcement and moved to be its own subsection: Items A and B are new; items C.— F. are existing text moved from TMC 18.54.180 D. DRAFT TMC 18.54 TREE REGULATIONS 18.54.2104.58 �Enforcemen(_ _ - A. General. in addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45,, Civil Violation` ^#ect a ondod hereafter the Director may take any or all of the enforcement actions prescribed in this OrrdinaPee-Chapter to ensure compliance with, and/or remedy a violation of this OrdinanceChapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Clearing PermitTree Remind] Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, GR-or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Clwring Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Clearing Recacwal Permit:, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Cehapter or any provision of an approved Tree aemnval Clearing Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property o ensure compliance with the provisions of a Tree Removal Clcoring Permit or this Cehapter, consistent with TMC 8.45. . 2. Where deemed necessary by tThe Director may require a final inspection as a condition o Tree Removal Ppermit issuance to ensure compliance with this Chapter r ent5mpletion of all ntc of a the Director. The permit process is complete upon final approval by the Director. CL Page 20 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL51]: Existing text from TMC 18.54 that reflects revisions to the Enforcement section. DRAFT TMC 18.54 TREE REGULATIONS D. Remedial Mc\ sures[Require4 1. The applicant 9hau satisfy tho mit cifi t d h r e r r., r r.. ,�,s-.-.-.-.otit pt ..._,._ 2. Remedial mcaasures must conform to the purposes and intent of this chapter. In. rtandardr for mitigatioM outlined in tho eon..itive nreas Otte la Di « . h t fth t•H 2 Remedial m ,5t bo pleto.d to the rat•rfa..t: f th D' t ith' , time p iedth oerwise . cified by tho Director 4 Thrice!« of remedial ,, ter ecty lat• 1 f th• ha « ef mplement required ramedial m r the Dire,.t r redeem all rt f . r ram^-,o,-r-o,--o.-.T provisions of this chapter. 18.54.150 Permit Proce:ling and i3ouratiod A. If the propo.sed vegetation clearing and permit application meet the requirements of Tree Clearing Permits and exceptions shall be proceed as Type', ;s. If the Tree Clc\aring Permit application is not approved, the Director shall inform the C. From the date of issuance, permits shall be valid for a period of 180 day.. CL Page 21 of 21 10/4/2017 3:18:59 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted Commented [CL52]: This section moved to become its own section see TMC 18.54.200 above. Commented [CL53]: Moved to TMC 18.54.040 K & L ) Commented [C1.54]: Duration of permit is addressed in TMC 18.54.130 C. Time limit is increased to one year. TUKWILA TREE AND ENVIRONMENT ADVISORY COMMITTEE AGENDA October 4, 2017 Estimated Time Agenda Item # Topic Staff Person Explanation 2 minutes I. (6:00 PM) WELCOME AND INTRODUCTIONS Carol Brief welcome — make sure everyone has their meal 5 minutes II. (6:15 PM) PUBLIC COMMENTS Chair Public invited to provide brief comments (limit to 2 minutes) — for longer comments, send e-mail to staff to be shared with Committee members. **This is a work session format — no questions/comments from the public will be entertained during meeting — again, public is encouraged to provide written comments to staff who will send them to Committee. When the draft code goes to the Planning Commission and then to the City Council there will be opportunities for formal testimony at public hearings held at each level. 10 minutes III. (6:20 PM) HOUSEKEEPING A. Meeting Notes Carol With weekly meetings, staff can put together a quick summary for the Committee to review at the beginning of each meeting to make sure staff has captured the direction of the Committee. OK with the Committee? B. Dinner Order • For next week — pass around sign up sheet 128 minutes IV. (6:50 PM) BEGIN REVIEW: draft tree code Carol Introduction to TMC 18.54 5 minutes V. (8:25 PM) WRAP UP — next meeting Staff Pick up where we leave off tonight on TMC 18.54 if complete definitions tonight. CL Page 1 of 1 10/03/2017 4:05 PM W:\\Long Range Projects\2016 Landscaping -Tree Code\Advisory Committee Materials\Agenda 9-13-16 Mtg-Chairman copy Y DRAFT TMC 18.54 TREE REGULATIONS CHAPTER 18.54 URBAN FORESTRY AND Tree Regulations Sections: 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree Removal Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.170 Heritage Trees 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 18.54.010 Purpose The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Regulate the protection of existing trees prior to and during development; 2. Establish requirements for the Tong -term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; CL Page 1 of 16 10/4/Z017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees and understory vegetation within the City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. 18.54.030 Tree Removal Permit Required (LFP) A. Permit Required. 1. A Tree Removal Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any these Trees within the City, unless the action is exempt from this Chapter. 2. A Tree Removal Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown. 3. A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B. Tree Removal on undeveloped lots is prohibited. C. Tree Removal Exemptions. The following activities are exempt from the requirements of this Chapter: 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees. 3. Routine maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Removal Permit application within one week of the emergency action and replace tree(s) if required by this Chapter. D. Tree Removal Permits. All Tree Removal Permits shall require arborist review except for the removal of Significant Trees, other than Exceptional or Heritage Trees, CL Page 2 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS including invasive species, on a lot zoned Low Density Residential and improved with a single-family dwelling. 18.54.040 PERMIT SUBMITTAL REQUIREMENTS A. Permit Application. Prior to any tree removal or site clearing, a Tree Removal Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal showing: a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal showing: a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 4. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. B. No -Fee Permit Application — Removal of Four Trees or Less. The removal of 1-4 trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling, is subject to a no -fee Tree Removal Permit. Items to be submitted with the permit application are: 1. Site plan, with the tree(s) to be removed identified, the tree species, and diameter of tree and the location of any utility lines or other built infrastructure; 2. Photos of the tree(s) to be removed; CL Page 3 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS 3. The method of removal and identification of contractor; and 4. Time schedule of tree removal. C. Permit Materials Waiver The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application Fee Fee required: A Tree Removal Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. 18.54.050 Permit Approval Criteria, General. All Tree Removal Permit applications shall meet the criteria outlined below for approval. A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. B. Tree protection will be implemented as required in TMC 18.54.070. C. Tree replacement will be implemented as required in TMC 18.54.080. D. Funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant non- invasive Trees. CL Page 4 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS B. Topping of trees is prohibited and considered removal. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to low with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target; or, d. Extreme risk. 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures and potential for root or canopy interference with utilities. D. Where permitted, removal of Exceptional or Significant trees on a property zoned Low Density Residential and improved with a single-family dwelling beyond the four trees permitted within a 36-month period that are removed shall be replaced pursuant to the tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the loss of the vegetation as a result of the tree removal. E. Retention and Replacement of Canopy Cover. On undeveloped sites or sites with dense stands of trees, where the cost of identification of individual tree specifies and sizes is inordinate relative to the project, the Director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees: a.The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. b.Canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be calculated based on the canopy cover from the City's preferred tree list. F. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off -site tree replacement as required by this Chapter. G. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention to ensure its survivability during construction. 18..54.070 Tree Protection Standards All vegetation not proposed for removal shall be protected using Best Management Practices and the standards below. A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. CL Page 5 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. An arborist may be required to review Tong -term viability of the tree. C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the construction barriers shall be based on the approximate age of the tree (height and canopy) as follows: 1. Young trees (trees which have reached Tess than 20% of life expectancy): 0.75 per onch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE —THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $(insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54.190." G. All tree protection measures shall be installed and inspected by the City, and if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. H. Any branches or limbs that are outside of the CRZ and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs. I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary to prepare the trees for the stress of construction activities. J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection is required to finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. CL Page 6 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS 18.54.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum requirements: A. Each existing Significant Tree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's tree replacement fund. B. Tree Replacement Ratios: Table A below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. Table A does not apply to the removal of one -four Significant Trees on a property zoned Low Density Residential and improved with a single-family dwelling. C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the project. Replaced trees that do not survive must be replanted in the next appropriate season for planting. D. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the tree replacement fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. TABLE A: Tree Replacement Requirements Diameter* of Tree Removed (*measured at height of 4.5 feet from the ground) Number of Replacement Trees Required 4-6 inches (single trunk) 3 2 inches (any trunk of a multi -trunk tree) 3 Over 6-8 inches 4 Over 8-20 inches 6 Over 20 inches 8 E. Tree replacement shall also meet the standards in TMC 18.54.160. 18.54.090 Tree Relocation CL Page 7 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table A cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of a 2" caliper deciduous or 6' evergreen tree; 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Removal Permit, subject to the following provision: A. Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a three-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required CL Page 8 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be redeemed in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 18.54.120 Liability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Removal g Permit, be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Removal Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. The applicant shall at all times protect improvements to adjacent a properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.130 Permit Processing and Duration CL Page 9 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS A. All Tree Removal Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. B. If the Tree Removal Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree Removal Permits expire one year after the date the permit is issued. 18.54.140 Permit Exceptions A. Exception Procedures —An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria 1. The Director may grant exceptions from the requirements of this Chapter when undue hardship may be created by strict compliance with the provisions of this Chapter. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Chapter. 2. An exception to this Chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a Qualified Tree Professional. CL Page 10 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. 18.54.160 Soil Preparation, Plant Material and Maintenance Standards A. Soil Preparation 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs including, but not limited to: a.Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 6-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material Standards 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (Le. hardened -off). There must be a diversity of tree and shrub genus and species in the site landscaping, taking into account species in existing development around the site. 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. CL Page 11 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. Where there are overhead utility lines, the tree species selected shall of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance. with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be pruned in any two-year period. 2. All protected and replacement trees and vegetation shown in approved Tree Removal Cleari ►g Permit materials shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clearing Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA certified Arborist Utilities Specialist or performed by the utility provider under the direction of an ISA certified Arborist Utilities Specialist. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Trees A. Heritage Trees must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree is located. B. Designation Criteria: A tree that meets the basic definition of Heritage Tree must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. CL Page 12 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS Once approved, the Heritage Tree shall be identified by signage that provides information as to the tree's significance. C. A grove of trees may be considered for Heritage Grove status if, in addition to meeting one or more of the criteria in subsection B. above, the grove meets one or more of the following criteria: 1. The grove is relatively mature and is of a rare or unusual nature containing trees that are distinctive either due to size, shape, species or age; or 2. The grove is distinctive due to a functional or aesthetic relationship to a natural resource, such as trees located along stream banks, or trees located along ridge lines; or 3. The grove has a documented association with a historical figure, property, or significant historical event. D. Heritage Tree Development Review 1. When development is proposed for property that contains a Heritage Tree, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a qualified arborist demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Removal Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be CL Page 13 of 16 10/4/2017 5:40:42 PM W:\\Share;point Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown shall apply for a Tree Removal permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 Violations A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to the marketable value of each tree removed or damaged as determined by an ISA certified arborist. CL Page 14 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS 3. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 4. Penalties are in addition to the restoration of removed plant materials through the remedial measures listed in TMC Section 18.54.200. 5. It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial Measures. In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Tree Removal Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table A. C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter, and applicable standards for mitigation outlined in the Sensitive Areas Overlay Distriict Chapter of this Title. E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. 18.54.210 Enforcement A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this Chapter to ensure compliance with, and/or remedy a violation of this Chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. CL Page 15 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted DRAFT TMC 18.54 TREE REGULATIONS 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Removal Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Removal Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Chapter or any provision of an approved Tree Removal Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Removal Permit or this Chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of Tree Removal Permit issuance to ensure compliance with this Chapter. The permit process is complete upon final approval by the Director. CL Page 16 of 16 10/4/2017 5:40:42 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 edits accepted <S TUKWILA TREL AND ENVIRONMENT ADVISORY COMMITTEE AGENDA September 27, 2017 Estimated Time Agenda Item # Topic Staff Person Explanation I. (6:00 PM) WELCOME AND INTRODUCTIONS 2 minutes A. Carol Brief welcome from Deputy Director 13 minutes B. Committee Members and Staff All Go around for introductions. Welcome Andy Thompson, Facilities Director, Westfield; David Shumate, Councilmember Robertson 5 minutes II. (6:15 PM) PUBLIC COMMENTS Chair Public invited to provide brief comments (limit to 2 minutes) — for longer comments, send e-mail to staff to be shared with Committee members. **This is a work session format — no questions/comments from the public will be entertained during meeting — again, public is encouraged to provide written comments to staff who will send them to Committee. When the draft code goes to the Planning Commission and then to the City Council there will be opportunities for formal testimony at public hearings held at each level. 30 minutes III. (6:20 PM) HOUSEKEEPING A. Meeting Time Chair/staff Stay with 6:00 p.m. start or move to 5:30 — consensus of group? B. Meeting Materials Staff will send agenda and any other materials via e-mail unless Committee members prefer packets mailed. C. Meeting Schedule Chair/staff What is Committee's availability for: • October 4 • October 12 • October 18 • October Z' 2-1 CL Page 1 of 2 09/27/2017 3:57 PM W:\\Long Range Projects\2016 Landscaping -Tree Code\Advisory Committee Materials\Agenda 9-13-16 Mtg-Chairman copy TUKWILA TREEAND ENVIRONMENT ADVISUnY COMMITTEE Estimated Time Agenda Item # Topic Staff Person - --,Explanation D. Best Way to Communicate? Chair/staff ('E-mail preferred) vs. phone calls E. Operating Procedures & Expectations Chair ;lord"J 1' tuouriy - • ill operate on a consensus basis - work toward agreement on issues. How to handle issues where consensus cannot be reached? • Meeting summary - will be provided by staff • Given the time constraints - want to focus on substantive comments/concerns with draft code. Any grammatical corrections, misspellings etc. please email staff or provide a marked up copy of draft code to staff. F. Dinner Order • For next week - pass around sign up sheet 95 minutes IV. (6:50 PM) BEGIN REVIEW: draft landscaping code Carol/Andrea Introduction to TMC 18.54 then move to Draft Definitions 5 minutes V. (8:25 PM) WRAP UP - next meeting Staff Pick up where we leave off tonight on draft definition review - or TMC 18.54 if complete definitions tonight. Niel t a -63NCorgi CL Page 2 of 2 09/27/2017 3:57 PM W:\\Long Range Projects\2016 Landscaping -Tree Code\Advisory Committee Materials\Agenda 9-13-16 Mtg-Chairman copy VIL 916A & - L3N, - Q k p1u&,44A a - Met 6c -ceravt-c /i s v«, f� eduvd Ytuia-\ _ 'loh, 4 Lek'? ,rvi u.c,C —- le_ 1accc ins ?WV— cucr 19ur ywr pJ2106,c24 te-e. ottowa - ors kiv2 ( n Opokra kri,J .1!F ow iDelvy';1 tfrtil oCcc1 Ju-� --ok +o -rop 190A- Carol Lumb From: Carol Lumb Sent: Wednesday, September 20, 2017 2:56 PM To: 2017 Tree and Environment Advisory Committee Cc: Nora Gierloff; Andrea Cummins Subject: September 27, 2017 Advisory Committee Meeting Attachments: Corner Bakery menu.pdf; TMC 18.54.pdf; 9-27-17 Memo.pdf; Revised Definitions for 9-27-17.docx; Urban_Forestry_Goais_Policies.pdf; Agenda-9-27-17.docx Hello everyone, Attached please find materials for our first meeting — I will also put hard copies into the mail for you. If you could please let me know your preference on how to receive items from us that would be helpful for future mailings. One of the attachments is the menu from The Corner Bakery. We need to receive your dinner selection by close of business on Monday, September 25, 2017 so that we can get the order in to the restaurant. Kathleen, we have your order for the wrap as well. **Also, please keep the menu as we will be ordering from it each week. Again, I greatly appreciate your willingness to help us shape new definitions and tree regulations. I look forward to seeing you all next Wednesday. Please let me know if you have questions, or cannot attend on September 27th. Thanks! Carol Carollumb, ,AJCP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite 100 Tukwila, 'W9 98188 206-431-3661 Caro1lufnb@Tuk1vilaw a.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director MEMORANDUM September 20, 2017 TO: Tukwila Tree and Environment Advisory Committee FM: Carol Lumb, Senid&f )'la nn er Andrea Cummins, Environmental Specialist RE: September 27, 2017 Advisory Committee Meeting Welcome back to the Tukwila Tree and Environment Advisory Committee! And welcome returning member David Shumate, and new member Andy Thompson, Facilities Director for Westfield! We also welcome Councilmember Dennis Robertson, who will be the City Council representative to the Committee. We greatly appreciate your willingness to help with the final set of regulations that will implement the new Comprehensive Plan goals and policies for urban forestry. At our first meeting we will talk about the schedule for future meetings to complete the review of the draft codes. Please bring your calendars if you haven't already gotten back to me on your availability in October. These are the remaining meeting dates I had proposed: October 4, 12, 18 and 25. I know that not all of you are available on all these dates (including staff) so we will see if we have a quorum for each. The other major item on the agenda will be discussing changes to the definitions found in the Zoning Code that relate to landscaping and trees. Our meeting will start at 6:00 p.m. in Conference Room 2 of the Department of Community Development, 6300 Southcenter Blvd (the building just east of City Hall). We will prop open the door at the far end of the corridor so you can enter our offices from there. We will be providing dinner — please look over the menu from The Corner Bakery and let one of us know by Monday, September 25th by 5:00 p.m. what you would like to eat. Enclosed are items for your review in preparation for our first meeting on the draft landscaping code. The items are as follows: • Agenda • Corner Bakery Menu • Current Tree Code, TMC 18.54 • Proposed Revisions to Definitions • Adopted Urban Forestry Goals and Policies Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Tukwila Tree and Environment Advisory Committee September 20, 2017 Page 2 of 2 We look forward to seeing you on September 27, 2017 — please call (206-431-3661-Carol, 206-431- 3663, Andrea) or e-mail (Carol.Lumb@Tukwilawa.gov; Andrea.Cummins@Tukwilawa.gov) if you have any questions in the meantime. Thank you again for helping shape new tree regulations for the City. Enclosures cc: Nora Gierloff, Deputy Director, Department of Community Development Laurel Humphrey, Council Analyst W:/SharePointVLong Range Projects/2016-2017 Landscaping -Tree Code Update/Draft Tree Regulations\Advisory Committee\9-27-17 /Memo Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov TUKWILA TREE AND ENVIRONMENT ADVISORY COMMITTEE AGENDA September 27, 2017 Meeting time: 6:00 — 8:30 P.M. Meeting location: Conference Room #2, 6300 Southcenter Boulevard (building east of City Hall — the front door will be unlocked so you can access the building) I. Welcome and Introductions A. Carol Lumb, Senior Planner B. Committee Member and Staff Introductions II. Public Comment III. Housekeeping A. Meeting time & Schedule B. Meeting Materials — via electronic transfer or mail? C. Best Way to Communicate with Committee Members — telephone, e-mail? D. Operating procedures and expectations IV. Introduction to TMC 18.54, Tree Regulations V. Begin Discussion of Draft Definitions VI. Wrap-up — next meeting CL Page 1 of 1 09/20/2017 12:14 PM W:\\SharePoint\Long Range Projects\2016-2017 Landscaping -Tree Code Update\Tree Regulations\Advisory Committee\Agenda 9-27-17 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director MEMORANDUM September 20, 2017 TO: Tukwila Tree and Environment Advisory Committee FM: Carol Lumb, Seni6f Planner Andrea Cummins, Environmental Specialist RE: September 27, 2017 Advisory Committee Meeting Welcome back to the Tukwila Tree and Environment Advisory Committee! And welcome returning member David Shumate, and new member Andy Thompson, Facilities Director for Westfield! We also welcome Councilrnember Dennis Robertson, who will be the City Council representative to the Committee. We greatly appreciate your willingness to help with the final set of regulations that will implement the new Comprehensive Plan goals and policies for urban forestry. At our first meeting we will talk about the schedule for future meetings to complete the review of the draft codes. Please bring your calendars if you haven't already gotten back to me on your availability in October. These are the remaining meeting dates I had proposed: October 4, 12, 18 and 25. I know that not all of you are available on all these dates (including staff) so we will see if we have a quorum for each. The other major item on the agenda will be discussing changes to the definitions found in the Zoning Code that relate to landscaping and trees. Our meeting will start at 6:00 p.m. in Conference Room 2 of the Department of Community Development, 6300 Southcenter Blvd (the building just east of City Hall). We will prop open the door at the far end of the corridor so you can enter our offices from there. We will be providing dinner — please look over the menu from The Corner Bakery and let one of us know by Monday, September 25th by 5:00 p.m. what you would like to eat. Enclosed are items for your review in preparation for our first meeting on the draft landscaping code. The items are as follows: • Agenda • Corner Bakery Menu • Current Tree Code, TMC 18.54 • Proposed Revisions to Definitions • Adopted Urban Forestry Goals and Policies Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov Tukwila Tree and Environment Advisory Committee September 20, 2017 Page 2 of 2 We look forward to seeing you on September 27, 2017 — please call (206-431-3661-Carol, 206-431- 3663, Andrea) or e-mail (Carol.Lumb@Tukwilawa.gov; Andrea.Cummins@Tukwilawa.gov) if you have any questions in the meantime. Thank you again for helping shape new tree regulations for the City. Enclosures cc: Nora Gierloff, Deputy Director, Department of Community Development Laurel Humphrey, Council Analyst W:/SharePointVLong Range Projects/2016-2017 Landscaping -Tree Code Update/Draft Tree Regulations\Advisory Committee\9-27-17 /Memo Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov 4' TUKWILA MUNICIPAL CODE CHAPTER 18.54 TREE REGULATIONS Sections: 18.54.010 Title 18.54.020 Purpose 18.54.030 Scope 18.54.050 Permit - Exempt Activities 18.54.060 Permit - Mandatory Standards 18.54.070 Permit Required 18.54.080 Permit Application Materials 18.54.090 Waiver to Permit Materials 18.54.100 Permit application fee 18.54.110 Applicant Insurance Required 18.54.120 Applicant Security Required 18.54.130 Permit Approval Criteria 18.54.140 Permit Exceptions 18.54.150 Permit Processing and Duration 18.54.160 Permit Conformance 18.54.170 Violations 18.54.180 Enforcement 18.54.190 Liability 18.54.200 Conflicts with Existing Codes and Ordinances 18.54.010 Title This Ordinance shall be known as the City of Tukwila "Tree Ordinance," and may be so cited. (Ord. 1758 §1 (part), 1995) 18.54.020 Purpose This purpose of this chapter is to: 1. Mitigate certain environmental consequences of land development, and to maintain and improve the quality of Tukwila's urban environment. 2. Promote building and site planning practices that are responsive to the community's natural environment, without preventing reasonable development of land. 3. Regulate clearing of trees and understory vegetation in the City of Tukwila, in order to: a. Maintain and enhance the aesthetic, ecological and economic benefits provided by vegetation, such as: providing wildlife habitat; reducing runoff and soil erosion; reducing air pollution; masking noise; reducing wind speed and urban "wind tunnels"; energy conservation, cooling of urban centers; increasing real property values; enhancing visual and aesthetic qualities of the urban environment. (1) (2) (3) (4) (5) (6) (7) (8) b. Maintain the viability of existing stands of trees and understory vegetation. c. Promote retention of native vegetation in sensitive areas and their buffers, shoreline areas, and wildlife habitat areas. 4. Provide a means to implement the requirements of the Sensitive Areas Overlay District chapter of this title, relative to vegetation removal in sensitive areas and sensitive area buffers. (Ord. 1758 §1 (part), 1995) 18.54.030 Scope This chapter sets forth rules and regulations to control clearing of trees and understory vegetation within the City of Tukwila. (Ord. 1758 §1 (part), 1995) 18.54.050 Permit - Exempt Activities The following activities are exempt from the application of this chapter and do not require a Tree Clearing Permit: 1. Clearing of any vegetation; UNLESS the site on which clearing is to occur is located in a sensitive area, sensitive area buffer, or shoreline zone. 2. On sites within a sensitive area, or sensitive area buffer, or shoreline zone: a. Clearing of up to 4 significant trees on a site currently zoned and developed for single-family residential use within any 36-month period; UNLESS the significant trees to be removed are located within a wetland, watercourse and their associated buffers or within the shoreline zone. b. Clearing of any vegetation located outside a sensitive area, sensitive area buffer or outside the shoreline zone. c. Removal of hazardous trees. d. Routine maintenance of vegetation necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard or threat to public safety per TMC Commercial parking subject to TMC Chapter 18.56, "Off -Street Parking and Loading Regulations." 8.28, Nuisances. e. Vegetation removal necessary to the operation of an established Christmas tree farm or commercial plant nursery. f. Construction and maintenance of streets and utilities within City -approved rights -of -way and easements. (Ord. 1758 §1 (part), 1995) 18.54.060 Permit - Mandatory Standards All removal of significant trees and understory vegetation shall be undertaken in accordance with the mandatory standards specified in this chapter, except as provided in the Waiver to Permit Materials or Exceptions sections of this chapter. (Ord. 1758 §1 (part), 1995) Page 18-172 Produced by the City of Tukwila, City Clerk's Office TITLE 18 —ZONING 18.54.070 Permit Required No person shall conduct any clearing of vegetation without first obtaining a Tree Clearing Permit on a form approved by the Director; unless specifically exempted under this chapter. (Ord. 1758 §1 (part), 1995) 18.54.080 Permit Application Materials The following materials are required to obtain a Tree Clearing Permit: 1. Site Plan of the proposal, showing: a. Diameter, species name, location and canopy of existing significant trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all significant trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; d. Limits of any sensitive area and sensitive area buffer, and mean high water mark of the river. 2. Landscape Plan for the proposal, showing: a. Diameter, species name, spacing and location of replacement trees/vegetation to be used to replace vegetation cleared; b. Diameter, species name and location of all significant trees and vegetation to be retained; c. Proposed vegetation protection measures; d. Any other measures proposed to restore the environmental and aesthetic benefits previously provided by on - site vegetation. 3. Professional review or recommendation - Submittal of, or agreement to submit, a review, evaluation, recommendation or plan related to vegetation clearing or replacement prepared by a professional consultant(s), such as a landscape architect, surveyor, or certified arborist. Services may include, but are not limited to: a. Providing a written evaluation of the anticipated effects of proposed construction on the viability of trees on -site; and/or b. Developing plans for, supervising, and/or monitoring implementation of any required tree protection or replacement measures; and/or c. Post -construction site inspection and evaluation. 4. Sensitive area mitigation plan - Identify measures proposed for mitigation of vegetation clearing in a sensitive area and/or its buffer per the Sensitive Areas Overlay District chapter of this title. 5. Time schedule - Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone.. 6. Additional studies and conditions - The Director may require supplemental studies or other documentation, or specify conditions for work, at any stage of the application or project as he/she may deem necessary to ensure the proposal's compliance with the requirements of this chapter, the Shoreline Overlay District chapter or the Sensitive Areas Overlay District chapter of this title, or to protect public or private property. These conditions may include, but are not limited to, hours or seasons within which work may be conducted, or specific work methods. (Ord. 1758 §1 (part), 1995) 18.54.090 Waiver to Permit Materials The Director may waive the requirement for any or all plans or permit materials specified in this chapter upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement for permit materials shall not be construed as waiving any other requirements of this or related regulations. (Ord. 1758 §1 (part), 1995) 18.54.100 Permit Application Fee A. Fee required: A non-refundable permit application fee will be collected at the time of submittal of a Tree Clearing Permit application. The application fee will provide for the cost of plan review, administration and management of the permitting process, inspections, and processing of exceptions to standards and appeals pursuant to this chapter. B. Fee: The City shall collect a fee for processing a Tree Clearing Permit per TMC Section 18.88.010, except as otherwise noted in this chapter. C. Fee exception: No fee shall be required for vegetation clearing associated with land -altering activity approved under a Land -Altering Permit. (Ord. 2291, §1, 2010; Ord. 1758 §1 (part), 1995) 18.54.110 Applicant Insurance Required A. In addition to any permit materials or conditions specified pursuant to this chapter, if in the opinion of Director the nature of the work is such that it may create a hazard to human life or endanger adjoining property, then the Director may require the applicant to submit a certificate of insurance. B. The certificate must show that the applicant is insured against claims of damages involving personal injuries and property in an amount prescribed by the Director in accordance with the nature of the risks involved and the following minimum amounts: 1. Bodily injury liability: $1 million per occurrence. 2. Property damage liability: $1 million per occurrence. C. All insurance policies obtained in accordance with these provisions shall name the City of Tukwila as an "additional insured" and shall be written by a company licensed to do business in the State of Washington. (Ord. 1758 §1 (part), 1995) 18.54.120 Applicant Security Required To mitigate damages should they occur as a result of clearing which is not authorized by a Tree Clearing Permit, the Director may require from the applicant a bond, letter of credit, or other Produced by the City of Tukwila, City Clerk's Office Page 18-173 TUKWILA MUNICIPAL CODE means of security acceptable to the City. The following provisions shall apply in instances where such securities are required: 1. The required security shall be submitted prior to the issuance of a Tree Clearing Permit. 2. The security shall be equal to City Staffs best estimate of possible costs directly associated with replacement of cleared vegetation which has not been authorized to be cleared under a Tree Clearing Permit (e.g. the replacement of vegetation approved for retention, or the installation of replacement plantings which the applicant has failed to install as required). In no case shall the security exceed an amount equal to 2.5 times the current cost of replacing the plants per the Tree Replacement requirements of this chapter. 3. The security shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations, or following any prescribed trial maintenance period required in the permit. 4. Securities provided in accordance with this chapter may be redeemed in whole or in part by the City of Tukwila upon determination by the Director that the applicant has failed to fully comply, within the time specified, with approved plans and/or any remedial or enforcement actions mandated in accordance with this chapter. (Ord. 1758 §1 (part), 1995) 18.54.130 Permit Approval Criteria To the extent that vegetation retention and/or replacement is consistent with project feasibility or reasonable use of the property, vegetation clearing shall be planned and conducted to meet all of the criteria below. These criteria shall be the basis for approval, approval with conditions or denial of any tree clearing included in a Tree Clearing Permit application. 1, Tree Retention - Site improvements shall be designed and constructed to retain as many existing healthy trees as possible, and to meet the following criteria: a. Priority shall be given to retention of existing stands of trees, trees at site perimeter, trees within the shoreline Low -Impact Environment, in Sensitive Areas or Sensitive Area Buffers, and healthy mature trees. b. All understory vegetation within the essential root zone of protected trees shall be: (1) retained; OR (2) removed by methods which are non - damaging to the tree, and replaced with vegetation with horticultural requirements which are compatible with protected trees. c. Vegetation removal shall be undertaken in such a manner as to preserve, to the degree possible, the aesthetic and ecological benefits provided by such vegetation. 2. Tree Protection Measures - a. The proposal shall include tree protection measures which meet or exceed best management practices and current standards of professional arboriculture, and which are sufficient to ensure the viability of protected trees and other vegetation identified for retention pursuant to requirements of this chapter, and shall include measures sufficient to protect any Sensitive Area, its Buffer and vegetation within the shoreline Low - Impact Environment. b. During clearing and/or construction activities, all protected vegetation shall be surrounded by protective fencing which prevents adverse impacts associated with clearing from intruding into areas of protected vegetation. 3. Tree Replacement - The site shall be planted with trees to meet the following minimum requirements: a. Each existing significant tree removed shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre. b. Tree Replacement Ratios Diameter of Existing Tree Removed No. of Replacement Trees Required 4 - 8 inches 1 8 -12 inches 2 12 -18 inches 4 18 - 24 inches 6 >24 inches 8 c. Prior to any vegetation removal, the applicant shall demonstrate through a Landscape Plan, Sensitive Area Mitigation Plan or other materials required per the requirements of this chapter that vegetation replacement will meet the following minimum standards: (1) Minimum sizes shall be 2.5-inch caliper for deciduous trees, 6 to 8 feet in height for evergreen trees, 24 inches in height for shrubs, and 1 gallon for groundcover. (2) Replacement plants shall meet current American Association of Nurserymen standards for nursery stock; (3) Planting and maintenance of required replacement vegetation shall be in accordance with best management practices for landscaping which ensure the vegetation's long-term health and survival. 4. Surrounding Environment - The timing of, and methods to be used in any proposed vegetation removal shall be such that impacts to protected vegetation, wildlife, fisheries and the surrounding environment are minimized. 5. Tree Relocation - Tree relocation shall be carried out according to best management practices, and trees proposed for relocation shall have a reasonable chance of survival. (Ord. 1758 §1 (part), 1995) Page 18-174 Produced by the City of Tukwila, City Clerk's Office TITLE 18 — ZONING 18.54.140 Permit Exceptions A. Exception Criteria 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also consider any of the following in reviewing an exception request: a. The recommendation of a certified arborist supports the exception. b. The size of the site or project cannot support the number of required replacement trees, and off -site tree planting is proposed which furthers the goals of this chapter and other City policies. c. On -site planting of all required replacement trees is not feasible, and the project includes an equivalent contribution in funds and/or labor and materials for off -site tree planting as jointly agreed by the applicant and Director. d. Smaller -sized replacement plants are more suited to the species, site conditions, and to the purposes of this chapter, and are planted in sufficient quantities to meet the intent of this chapter. B. Retention and Replacement of Canopy Cover - or undeveloped sites or sites with dense stands of trees, where the cost of identification of individual tree species and sizes is inordinate relative to the project, the Director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees: 1. The site shall have a minimum canopy cover equal to 20% of the site area, or equal to the existing canopy cover whichever is less. 2. To meet the requirements for site canopy cover,. canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be calculated at 314 square feet. C. Exception Procedures - An application for any exception from this chapter shall be submitted in writing by the property owner to the Director, and shall accompany the application for a Tree Clearing Permit. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The Director shall not grant an exception unless and until sufficient reasons justifying the exception are provided by the applicant. (Ord. 1758 §1 (part), 1995) 18.54.150 Permit Processing and Duration A. If the proposed vegetation clearing and permit application meet the requirements of this chapter, the Director shall approve the application and issue the Tree Clearing Permit. All Tree Clearing Permits and exceptions shall be processed as Type 1 decisions. B. If the Tree Clearing Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. From the date of issuance, permits shall be valid for a period of 180 days. (Ord. 1770 §32, 1996; Ord. 1758 §1 (part), 1995) 18.54.160 Permit Conformance A. Plan Conformance - All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. B. Tree Protection Measures - All tree and vegetation protection measures shown on approved permit drawings shall be installed prior to initiation of any clearing or land -altering activity. C. Protection of Property- The applicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. D. Maintenance Responsibility - All protected and replacement trees and vegetation shown in approved Tree Clearing Permit materials shall be maintained in healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clearing Permit. (Ord. 1758 §1 (part), 1995) 18.54.170 Violations The following actions shall be considered violations of this chapter: clearing, planting, relocation, or maintenance of vegetation not authorized under or in accordance with an approved Tree Clearing Permit, where such permit is required, or not in accordance with the provisions of this chapter. Each tree which is cleared, not replaced or not maintained as required by this chapter shall constitute a separate violation. (Ord. 1758 §1 (part), 1995) Produced by the City of Tukwila, City Clerk's Office Page 18-175 TUKWILA MUNICIPAL CODE 18.54.180 Enforcement A. General - In addition to the Notice and Order measures prescribed in TMC Chapter 8.45, Civil Violations, as now in effect or as amended hereafter, the Director may take any or all of the enforcement actions prescribed in this Ordinance to ensure compliance with, and/or remedy a violation of this Ordinance; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Clearing Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, OR after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Clearing Permit issued by the City. 3. No person shall continue clearing in an area covered by a Stop Work order, or during the suspension or revocation of a Tree Clearing Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief- Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved Tree Clearing Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation, Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access - 1. The Director may inspect a property for the purpose of inspection for compliance with the provisions of a Tree Clearing Permit or this chapter, consistent with TMC 8.45.070, Authority to Inspect. 2. Where deemed necessary by the Director to ensure compliance with permit requirements, upon completion of all requirements of a Tree Clearing Permit, the applicant shall request a final inspection by contacting the Director. The permit process is complete upon final approval by the Director. D. Remedial Measures Required - In addition to penalties provided for in this chapter, the Director may require any person conducting vegetation clearing in violation of this chapter to mitigate the impacts of clearing by carrying out remedial measures. The following provisions shall apply in instances where such remedial measures are required: 1. The applicant shall satisfy the permit provisions as specified in this chapter. 2. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter, and applicable standards for mitigation outlined in the Sensitive Areas Overlay District chapter of this title. 3. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC 8.45.040, or within the time period otherwise specified by the Director. 4. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. (Ord. 1758 §1 (part), 1995) 18.54.190 Liability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Clearing Permit issued on behalf of the City within the City limits, shall be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Clearing Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the City limits from the duty to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard or a nuisance, per TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. (Ord. 1758 §1 (part), 1995) 18.54.200 Conflicts with Existing Codes and Ordinances A. Whenever conflicts exist between this chapter and federal, State or local laws, ordinances or regulations, the more restrictive provisions shall apply. B. Neither this chapter nor any administrative decisions made under it exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit. (Ord. 1758 §1 (part), 1995) Page 18-176 Produced by the City of Tukwila, City Clerk's Office TMC 18.06: Revised or New Definitions Note: New text is shown as underlined text; text proposed for deletion is shown in i1Eeeut. This list of definitions includes existing definitions as well as proposed new definitions related to trees and landscaping. ######### At -Risk Tree "At -Risk Tree" Tneansl a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. 18.06.125 Calipei - "Caliper" means the AmericanHort[accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk shall be taken sixg-inches above the ground for up to and including four -inch caliper size trees and 12 inches above ground for larger size trees] _ 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. 18.06.135 Canopy [Coven - - "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a the site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City's Recommended Tree List. 18.06-140 Certified Arborist: "Certified Arborist"-, see "Qualified Tree Professional" 18.06.145 Clearing "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; CL Page 1 of 8 9/20/2017 1:27 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed Commented [COI: This is a new definition from Lake Forest Park with revisions proposed by staff. Commented ECU]: Current definition with revisions from Kirkland definition. Commented [CL3]: "AmericanHort" is the professional association formerly known as the American Nursery and Landscape Association, which merged with the Association of Horticultural Professionals to become AmericanHort. Commented [CL4]: This definition applies to nursery stock for new trees being planted and is distinguished from measuring diameter of existing trees. Existing trees are measured 4.5 feet from the ground, which is also referred to as "Diameter at Breast Height—D8H". Commented [CL5]: Current definition with additions from Lake Forest Park. Commented [CL6]: No change proposed. TMC 18.06: Revised or New Definitions and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. Critical Root Zone "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a qualified professional (example: a 24-inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter). Crown Commented [CO]: Lake Forest Park We propose using this term rather than "Essential Root Zone" "Crown" means the area of a tree containing leaf- or needle-bearing:iranche4 , Commented [CL8]: ISA source of definition Dead "Dead Tree" means a tree with no live crown and no functioning vascular tissue. 18.06.199 Defective [creel "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and 3. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. Diameter at Breast jHeighq (DBH) "Diameter at Breast Height (DBH)" means the diameter of existing Trees measured four and one-half feet above the ground. �Dr[pl[ne "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater (this from Lake Forest Park). CL Page 2 of 8 9/20/2017 1:27 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed Commented [CL9]: Lake Forest Park. Commented [CL10]: This definition was added when the landscaping code was revised in March, 2017. Commented [CL11]: Lake Forest Park Commented [CL12]: From Kirkland and Lake Forest Park 1 f TMC 18.06: Revised or New Definitions sseatiJ Deed Zone "Essential root zone" s ts.e io,.ated e.. the , b a t + +I + + L a 10 c t 19€R4-the--a_ Exceptional Tree "Exceptional Tree" means a tree that is at least 24 inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 24 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 24 inches, the tree shall be considered an Exceptional Tree. 18.06.380 Groundcover "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface Hazardous Tree See "Defective Tree;". Heritage Tree - "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Invasive Plant and Tree List "Invasive Plant and Tree List" means the City list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights -of -way, Invasive Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco-system. Landscape Design Professional "Landscape Design Professional" means a landscape architect persen licensed by the State of Washington]) to engage in the practi-e f land a t CW 18 8 03n or T R- an individual who has graduated from an other accredited landscape design programofessienpl. CL Page 3 of 8 9/20/2017 1:27 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed Commented [CL13]: Proposed using the term "Critical Root Zone" rather than this term. Commented [C1141: This definition revised when landscaping code revisions were adopted in March, 2017. Commented [CL15]: Issaquah r Commented [AC16]: ISA source for definition. Commented [CL17]: This definition added to reflect new landscape code and text in TMC 18.52 that identifies those individuals who may prepare landscape plans for projects. TMC 18.06: Revised or New Definitions .. licensed by tho State of Washington to a th tacaeti•ee-e#4a4:4seape-aFc-laiteetur-e-as-definecl-lay-RGIAL-18,96440, 18.06.490 Landscaping or Landscaped Areas "Landscaping or Landscaped Areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. in4addition, landscaping or landscaped - - areas may also serve as bioswales to reduce storm water runoff, subject to the standards of this Chapter and TMC Chapter 14.30. Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. 18.06.586 Native Vegetation "Native vegetation" means vegetation with a genetic origin of Western Washington, Northern Oregon and Southern British Columbia, not including cultivars. Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures, including, but not limited to sidewalks, curbs, the surfaces of streets, parking lots, or driveways, or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. 18.06.645 Protected Tree/Protected Vegetation "Protected tree/Protected Vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. 18.06.650 Protection Measure "Protection Measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Clearing Permit. CL Page 4 of 8 9/20/2017 1:27 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed Commented [CL18]: Propose using "Landscape Design Professional" Commented [CL19]: Amended definition to reflect new landscaping code, which allows bioswales to substitute as landscaped areas if certain criteria are met. TMC 18.06: Revised or New Definitions 18.06.651 Protective [Fencing "Protective Fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is approved for retention required by 114 a Tree Clearing Permit or approved landscaping plan. Pruning "Pruning" means the cutting or limbing of tree or shrub branches. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". Qualified Tree [Professional,: an individual who is a certified professional with academic and field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, shall have specific experience with urban tree management in the state of Washington. Arborists preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. isk: "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. 18.06.705 Screening: "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. 18.06.775 Significant free! "Significant Tree" means a single-trunked tree which is four-4 inches or more in diameter as measured four and one-half-5-feet above the ground (DBH) grade or a multi-trunked tree with a diameter of two -inches or more on any trunk (such as willows or vine maple). "Significant tree, shoreline" means a single trunked tree that is 1 inches or more in diameter at CL Page 5 of 8 9/20/2017 1:27 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed Commented [CL20]: Currentdefinition, with proposed revisions. Commented [CL21]: New definition, primarily from Portland, with staff additions. Commented [CL22]: Modified from Lake Forest Park Commented [CL23]: Modified from Lake Forest Park with City revisions. Commented [C124]: Revised to reconcile this definition with the definition for a "Significant Tree" in the shoreline jurisdiction. TMC 18.06: Revised or New Definitions 18.06.777 Significant Vegetation CRemova( "Significant Vegetation Removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. Site Oisturbance: "Site Disturbance" means any development, construction, or related operation that could alter the subject property, including, but not limited to, soil compaction, tree or stump removal, road, driveway or building construction, installation of utilities, or grading. _ - through and , ,.i cured r netration of right or light Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting propertN4 Target or Risk frarge: "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. Tree Risk Assessment "Tree Risk Assessment" means the systematic process to identify, analyze and evaluate tree risk, -prepared in accordance with the latest version of the ISA Best Management Practices Guide by a Qualified Tree Professional. Tree Risk Assessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the CL Page 6 of 8 9/20/2017 1:27 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions-edits:addressed Commented [CL25]: No changes proposed to this definition. Commented [CL26]: New definition — Kirkland. Commented [CL27): In searching the code, I do not find the term "Solid Planting" used; TMC 18.52.020 D defines "Type III -Heavy Perimeter Screening", which is essentially a solid planting, so this definition is not needed. Commented [CL28]: This definition from Kirkland. Street tree is also defined in TMC 11.04.040 483 as "any trees located on any street or public right-of-way". It is not defined in the new TMC 18.52 ordinance. ' Commented [CL29]: Modified from Lake Forest Park. Commented [CL30]: Modified from Lake Forest Park. TMC 18.06: Revised or New Definitions likelihood of failure, estimates the consequences of tree(s) hitting a target and determines options for treatment or mitigation. 18.06.845 Li ree - "Tree" means any self-supporting woody plant friefe characterized by one main trunk, or for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity that is recognized as a Tree in the nursery and arboricultural industries. 18.06.850 Tree RemovalCleafing Permit: "Tree Removal Clciring Permit" means a permit issued by the Director authorizing tree cicring removal activities, pursuant to the general permit provisions of this Title. Tree temovai: "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems, destroying the structural integrity of trees through improper pruning, poisoning, or filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. flopping. "Topping" means the inappropriate pruning practice, sometimes referred to as pollarding, used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) "A 300 Pruning Standards" and companion "Best Management Practices for Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. 18.06.860 Understory Vegetation: "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. CL Page 7 of 8 9/20/2017 1:27 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed Commented [CL31]: Current definition with revisions from;;Lake Forest Park. Commented [CL32]: New definition from Lake Forest Parka Commented [CL33]: Revised from Portland TMC 18.06: Revised or New Definitions 18.06.910 Vegetation: "Vegetation" means living trees, shrubs or groundcover plants. Viable tree: "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure, is relatively Windfirm if isolated or exposed, and is a species that is suitable for its location and is therefore worthy of long-term retention. Commented [CL34]: Lake Forest Park indfirm: Commented [C135]: Lake Forest Park "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined that can withstand normal winter storms or surrounding tree removal. CL Page 8 of 8 9/20/2017 1:27 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed 1 ELEMENT 4 NATURAL ENVIRONMENT Urban Forestry GOAL 4.12 Trees are recognized by Tukwila citizens, businesses, City staff and decision -makers for their benefits to the environment, urban infrastructure and their aesthetic value. POLfCIES 4.12,1 Develop a formal urban forest management plan to promote and guide preservation, restoration and maintenance of a sustainable urban forest, using the goals and policies of this chapter as a basis for guidance. 4.12.2 Ensure that the benefits of trees are factored into site design and permit decisions. 4.12.3 Ensure that regulations recognize that larger trees provide more benefits than small trees. 4.12.4 Seek to create and fund an urban forester/municipal arborist position within the City, or contract for such services, to provide expertise for urban forest management planning, oversight of tree planting and maintenance, and assistance to all City departments that have responsibilities for tree management. 4.12.5 Educate the public, elected officials and City staff about the importance of and benefits provided by trees in Tukwila. 4.12.6 Develop tree valuation methods to reflect the value trees provide, for use in assessing fines, determining damages or estimating Toss of tree benefits. 4.12.7 Identify funding sources to support urban forestry planning and management, and establish an urban forestry budget and account. 4.12.8 Consider developing an "exceptional" or"heritage" tree program to foster tree appreciation in the community. 4.1 2.9 Encourage public involvement in urban forest stewardship through volunteer events, free training workshops, and other means. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-22 ♦ • NATURAL ENVIRONMENT GOAL 4.13 Overall City-wide tree canopy increased to a total of 29% by 2034. Canopy cover in individual zoning categories increased by 2034 as listed below:* Light Industrial zones: 3% increase from 20%, to achieve 23% cover Heavy Industrial zones: 1 % increase from 9%, to achieve 10% cover Tukwila Urban Center and Tukwila South: 5% increase from 13%, to achieve 18% cover Office and Commercial: 3% increase from 29 %, to achieve 32% cover Parks: 5% increase from 38%, to achieve 43% cover Public Rights -of -Way: Increase canopy coverage through street tree planting. Specific canopy goal to be established based on future assessment. No net loss of canopy cover in individual zoning categories, as listed below: Low -Density Residential: Maintain current City-wide canopy coverage of47% Medium- and High -Density Residential: Maintain current City-wide coverage of 40% POLICIES 4.13.1 Promote tree retention throughout the City by: • implementing educational programs for property owners and managers regarding tree selection and care, applicable regulations, selecting a qualified arborist, and other issues; • except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; • promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and • requiring financial assurances for required tree replanting and maintenance. 4.13.2 Improve retention of trees on steep slopes. * NOTE: Some public rights -of -way (such as WSDOT's) are not included in the total City-wide canopy calculation. Rights -of -way adjacent to public streets (i.e., where street trees would be planted) are included in each zoning category. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-23 ELEMENT 4 NATURAL ENVIRONMENT 4.13.3 Continue to protect trees in sensitive areas and the shoreline through relevant regulations. 4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies than the removed tree(s), except where existing or future infrastructure and/or public or private utilities impede the planting of large trees. 4.13.5 Develop mechanisms for protecting tree roots for public and private surface and underground infrastructure installation, including - in some cases - requiring the presence of a certified arborist when working in the critical root zone; replacement of trees where damage is unavoidable; and either requiring replanting or payment into a tree replacement fund as compensation, if planting on -site is not feasible. Establish reasonable procedures to ensure consideration of tree root protection during routine or emergency maintenance of existing utilities, and provide training to City and other public utility maintenance staff on root protection techniques. 4.13.6 Establish criteria for requiring professional assessment and corrective actions by property owners who damage code -required landscaping, street trees, or other required trees by topping, poor pruning practices or root disturbance. 4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on a site, establish procedures for off -site planting of replacement trees or payment into a dedicated tree replacement fund. 4.13.8 Develop tree planting and urban forest rehabilitation programs for City parks and other publicly -owned lands. Collaborate with other agencies, such as Washington's Department of Transportation, to promote planting in highway interchanges and other locations. 4.13.9 Collaborate with other government, non-profit organization, school and private sector entities, to promote urban forest management and restoration. 4.13.10 Provide flexibility in the landscape code to promote increased tree planting and/or planting of large canopy trees, and reward the preservation of existing healthy trees to assist in meeting the City's canopy goals. 4.13.11 Evaluate current parking lot landscape requirements to identify opportunities to increase tree canopy. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-24 ELEMENT 4 NATURAL ENVIRONMENT GOAL 4.14 Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban forest is healthy, diverse, and safe. POLICIES 4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 4.14.2 Develop maintenance plans and programs for trees on City property or rights -of -way to ensure that maintenance pruning is properly carried out, that diseases and pest infestations are managed, that hazardous trees are identified and managed in a timely manner to reduce risks, and that invasive vegetation is property managed. 4.14.3 Modify landscape code, and educate property owners, property managers, landscape maintenance companies and tree companies to promote best practices for soil preparation, planting techniques, pruning, trenching and general tree care. 4.14.4 Ensure that landscaping and replacement trees in new development or re -development are properly cared for and thrive in perpetuity, through such means as maintenance agreements, monitoring and enforcement. 4.14.5 Develop a mechanism to ensure that tree removal and maintenance companies have the necessary qualifications and liability insurance to work in Tukwila. 4.14.6 Modify landscape code to require diversity of tree species in landscape plantings and consideration of species already present in the vicinity. 4.14.7 Establish minimum standards and landscape specifications to ensure long-term tree health for street trees, required landscape trees and required replacement trees, including minimum soil volume, soil quality, plant quality, planting techniques, irrigation, mulching, tree pruning, and prohibition of topping. 4.14.8 Develop an approved/recommended tree list for street trees, landscape perimeter plant- ing and parking lots that recognizes the importance of the concept of "right tree, right place, taking into account available planting space and infrastructure/utility conflicts, and that considers the importance of species diversity, climate conditions, canopy coverage goals, allergy issues, urban wildlife benefits, and tolerance of urban conditions. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-25 ELEMENT 4 NATURAL ENVIRONMENT 4.14.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. 4,14.10 Perform vegetation management that is needed in utility rights -of -way that are located in sensitive areas or shoreline areas, in a manner that will maintain, restore or improve the shoreline or sensitive area ecological function. Implementation Strategies — Urban Forestry Prepare and publish technical specifications for landscape professionals and landscape contractors reflecting best management practices/standards for achieving adequate soil conditions, plant quality specifications, proper planting techniques, proper mulch placement, tree care and pruning, and other relevant information. Prepare and make available technical guidance for homeowners on tree selection, planting, care, pruning, selecting a good arborist, and identifying and controlling invasive plants. Conduct volunteer activities in parks and other public areas to help carry out urban forest restoration plans, to remove invasive plants and plant native trees and other vegetation. Create "Adopt an Urban Forest," "Ivy Removal Team," or similar programs, to actively remove invasive plants and promote ongoing stewardship of urban forests in the City's parks and other public areas. Add an urban forestry page to the City's website that contains information about programs, regulations, technical guidance, finding a certified arborist, and other relevant issues. Expand the annual Arbor Day celebration to widen public participation; Evaluate other jurisdiction's heritage tree programs, and reach out to business and resident community to determine interest in a heritage tree program in Tukwila. Develop mechanisms for monitoring tree canopy growth, removal and replacement — in addition to periodic tree canopy assessments — using GIS and remote sensing methods; Review and amend, as necessary, SAO and Shoreline regulations to ensure consideration of tree retention, particularly in steep slope areas. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-26 ELEMENT 4 NATURAL ENVIRONMENT Incorporate requirements in geotechnical studies to ensure evaluation of the role trees play in slope stability. Develop incentives for increasing retention of trees on steep slopes. Provide ongoing training for City staff from all departments on tree selection, site preparation, proper planting techniques, protection of tree roots during construction activities, proper pruning, and general tree care. Prepare and publish technical specifications manuals for utility companies and City staff to identify techniques to protect tree roots during installation of public and private surface and underground infrastructure. Revise City regulations to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions. Prepare an urban forest inventory for publically-owned trees in the City. Notify property owners about applicable tree regulations via inclusion of fliers in storm water utility bill, direct mailings, and media announcements. Improve the frequency of landscape and tree replacement inspections, and increase enforcement. Develop street tree plans for various parts of the City, taking into account the need for diversity for tree health and urban design issues. Modify landscape, tree and right-of-way vegetation regulations, including consideration of a point system for landscape requirements, clarification of responsibilities for trees on City ROW, identifying incentive programs, and allowing for fines based on the value of trees damaged or removed. Develop street tree regulations that prioritize shade over ornamental needs. TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-27 ELEMENT 4 NATURAL ENVIRONMENT RELATED INFORMATION Natural Environment Background Report Tukwila Sensitive Areas Map Tukwila Shoreline Master Program WRIA 9 Salmon Habitat Enhancement Plan Abandoned Underground Coal Mine Hazards Assessment Report Tukwila Urban Tree Canopy Assessment Tukwila Municipal Code, Chapter 18.45 TUKWILA COMPREHENSIVE PLAN - OCTOBER 2013 PAGE 4-28 CITY OF TUKWILA NOTICE OF APPLICATION PROJECT INFORMATION The City of Tukwila has filed land use, L17-0077 and SEPA application, E17-0015, for revisions to TMC 18.54, the City's tree code and TMC 18.06, Zoning Code definitions. The revisions to the tree code are to implement Comprehensive Plan goals and policies to increase tree canopy throughout the City, support the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit; regulate the protection of existing significant trees; prohibit removal of trees from undeveloped property; mitigate the effects of development on the environment; establish a Heritage Tree program; codify the City's Tree Replacement fund and establish penalties for violations of the tree code. The revisions to TMC 18.06 will add or revise definitions that relate to urban forestry and landscaping. Projects applied for include: L17-0077, Revisions to TMC 18.54 Tree Code and revisions to TMC 18.06, Definitions; and E17-0015, SEPA, environmental review. Other known required permits include: None This project is subject to the State Environmental Policy Act as a non -project action. FILES AVAILABLE FOR PUBLIC REVIEW The application is available for review at the City of Tukwila, Department of Community Development (DCD), located at 6300 Southcenter Blvd #100, Tukwila WA, 98188. A copy of the proposed revisions to the tree regulations and definitions is available in the November 16, 2017 Planning Commission packet on the City's website here: http://records.tukwilawa.gov/WebLink/Browse.aspx?startid=10154&row=1&dbid=1 . OPPORTUNITY FOR PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., Wednesday, November 30, 2017. There is additional opportunity for public comment at a public hearing before the Tukwila Planning Commission at 6:30 p.m. on December 14, 2017. The hearing will be held in the Tukwila City Council Chambers, 6200 Southcenter Blvd., Tukwila, WA 98188. APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431-3670. For further information on this proposal, contact Carol Lumb at (206) 431-3661, Carol.Lumb@tukwilawa.gov or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: November 1, 2017 Notice of Completeness Issued: November 1, 2017 Notice of Application Issued: November 15, 2017 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Nora Gierloff, Deputy Director, Department of Community Development BY: Carol Lumb, Senior Planner CC: Mayor Ekberg DATE: September 15, 2017 SUBJECT: TMC 18.54, Tree Regulations Update ISSUE Update the Community Development and Neighborhoods Committee on the status of the 2016- 2017 DCD work program task to revise the tree regulations to implement new urban forestry Comprehensive Plan goals and policies. BACKGROUND The current current tree regulations were adopted 22 years ago in 1995, with minor Zoning Code revisions in recent years. Recognizing the sensitive nature of the policy decisions to balance environmental quality, property rights, aesthetics and natural functions, the Council developed a three-phase process to update this code, as well as the landscaping code as follows: Phase 1: Tree and Environment Advisory Committee: team of Tukwila residents, business and professional experts, and Planning Commission and City Council representatives appointed to guide development of goals and policies on the natural environment and urban forestry. Committee met from September, 2012 to May, 2013 and provided recommendations to the Planning Commission. Phase 2: Update of the Natural Environment Element of the Comprehensive Plan incorporating the new policy direction from the Advisory Committee: Planning Commission and City Council review and adoption of the revised Natural Environment Element, June to December, 2013. Phase 3: Using the Advisory Committee process again, revise landscape and tree regulations in the Zoning Code to implement the Comprehensive Plan. The landscaping regulation changes were approved by the City Council in March, 2017. The current effort to update the tree regulations will complete work on implementing the Comprehensive Plan urban forestry goals and policies. DISCUSSION The Tree and Environment Committee is re -convening to assist with the initial) review of draft changes to the tree regulations found in TMC 18.54 and to review revisions to existing definitions in the Zoning Code and proposed new terms that relate to trees and landscaping, particularly the goal establishing tree canopy percentages for all zoning districts in the City. First, no change is proposed to the size of a significant tree, which is four inches in diameter, measured at breast height (DBH) or the number of trees that can be removed from a single CL 9/15/201711:39 AM W:\\Sharepoint\Long Range Planning\2016-2017 Landscape & Tree Code Update\Tree Code\Council Review\CDN Memo 9-25-17 INFORMATIONAL MEMO Page 2 family lot, which is four (4) in a three year period. These existing provisions are proposed to be carried over to the new code. Code changes being considered: • A no -fee permit for the removal of 1-4 trees on a single family property. This will allow the City to track the number of trees removed each year to gauge whether the Comprehensive Plan goal of maintaining 47% tree canopy in single family residential is being met. • No tree removal on vacant lots prior to approval of a development proposal. • Removal of more than 4 trees in a 3 year period would require a permit (fee required) and an arborist's report, if necessary, and replacement either on -site or payment into the tree fund. This is the same as the current code, except for requiring an arborist report at the Director's discretion. • As part of development such as a short plat or subdivision, tree protection is required for trees that are retained. Trees that are removed must be replaced based on a sliding scale (same replacement ratio as used in the shoreline regulations, TMC 18.44). • Alterations may be required to the layout of development to preserve trees on -site (this same language is found in the shoreline regulations). • Exceptional trees, those over 24-inches DBH, cannot be removed without an arborist report and a tree permit. Replacement at the appropriate ratio would be required. • A Heritage Tree program is proposed to recognize trees that are exceptional -in size, or have historical significance to the community etc. The property owner mus agree to the designation of a Heritage Tree for a tree on their property. • Similar to the landscaping code — the violations section is expanded and penalties are proposed for the removal of trees without a permit • The tree replacement fund is codified and uses of funds specified. SCHEDULE Tree and Environment Advisory Committee Re -convene late September, 2017 for 5-6 weekly meetings Planning Commission November — review revisions to Zoning Code definitions related to urban forestry; December— public hearing on definitions and proposed revisions to tree regulations City Council February -March, 2018 —public hearing and deliberations on proposed code revisions FINANCIAL IMPACT No financial impact. RECOMMENDATION This memorandum is for information only. The Council review process for the code revisions will occur in the first quarter of 2018. ATTACHMENTS None CL 9/15/2017 11:39 AM W:\\Sharepoint\Long Range Planning\2016-2017 Landscape & Tree Code Update\Tree Code\Council Review\CDN Memo 9-25-17 TREE CODE UPDATE 2017 PROJ-00007 Associated Files: PL17-0064, L17-0077 This File: E17-0015 SEPA/CH ECKLIST City of Tukwila Allan Ekberg, Mayor Department of Community Development DETERMINATION OF NON -SIGNIFICANCE (DNS) File Number: Applied: Issue Date: Status: E17-0015 (PL17-0064) November 1, 2017 December 27, 2017 Issued Jack Pace, Director Applicant: City of Tukwila, Dept. of Community Development Lead Agency: City of Tukwila Description of Proposal: Revise the tree regulations found in TMC 18.54 that apply city-wide and revise definitions found in TMC 18.06 that apply to urban forestry and landscaping. Location of Proposal: Address: Parcel Number: City -Wide N/A The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m., January 8, 2018. The lead agency will not act on this proposal for 14 days from the date below. Jack Pa , Responsible Official City of ''ukwila 6300 Southcenter Blvd Tukwila, WA 98188 (206)431-3670 Date Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) W: 2016-2017 Landscaping -Tree Code Update\Tree Regulations\SEPA\DNS 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 I. City of Tukwila Department of Community Development FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST File No: E17-0015 (PL17-0064) SUMMARY OF PROPOSED ACTION Allan Ekberg, Mayor Jack Pace, Director The proposal is to adopt revised tree regulations found in TMC 18.54 and revise TMC 18.06 to include definitions related to urban forestry and landscaping. These regulations will apply City-wide and affect primarily single family residential zoned sites, as the landscaping code governs formal landscaping on commercial, industrial and multifamily zoned properties. The major exception is undeveloped properties in all zoning districts — the tree regulations as currently proposed would prohibit the removal of trees on undeveloped sites until a development proposal has been approved. II. GENERAL INFORMATION Project Name: Applicant: Location: Zoning: Comprehensive Plan Designation: Notice: Tree Regulations Update Department of Community Development City-wide All Zoning Districts throughout City All Comprehensive Plan designated properties in the City Public Notice was published in the Seattle Times November 16, 2017 The following information was considered as part of review of this application. 1. SEPA Checklist dated November 1, 2017. 2. Tukwila Tree and Environment Advisory Committee recommended revisions to TMC 18.54, Tree Regulations 3. Tukwila Tree and Environment Advisory Committee recommended revisions to TMC 18.06, Definitions. NOTE: Copies of exhibits, reports, attachments, or other documents may be reviewed and/or obtained by contacting Carol Lumb, Senior Planner, 6300 Southcenter Boulevard, Tukwila, Washington, 98188, by phone at 206-431-3661. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 E17-0015 Proposed Tree Regulations and Definitions December 26, 2017 III. BACKGROUND/PROPOSAL The proposed project is to revise the City's regulations related to trees found in TMC 18.54 and add or revise definitions related to urban forestry and landscaping, found in TMC 18.06. The revisions to the City's Zoning Code are considered a non -project action under the SEPA regulations as they are not project specific, but rather apply City-wide. The goal of the tree regulations is to preserve and improve tree canopy to reduce the impact of climate change, and promote the health of City residents, visitors and employees of the many businesses in the City. The major revisions to TMC 18.54, as directed by the Tukwila Tree and Environment Advisory Committee, which worked with City staff to prepare the proposed tree regulations. Most of the tree regulations apply to single family zoned properties, however tree removal on undeveloped sites apply to all property throughout the City. The proposed revisions include: • A no -fee Tree Inventory Survey for the removal of 1-4 trees on a single-family zoned parcel improved with a single-family dwelling in a 36-month period to allow the City to determine whether the Comprehensive Plan tree canopy goal of 47% tree canopy in single-family residential district is being of the are being met; • No tree removal on vacant property prior to approval of a development proposal. • Removal of more than 4 trees in a 3-year period on properties zoned Low Density Residential and improved with a single-family home, would require a permit (fee required) and possibly an arborist's report, and replacement either on -site or payment into the tree fund. • As part of development, such as a short plat or subdivision, tree protection is required for trees proposed for retention. Trees that are removed must be replaced, using a sliding scale, based on the tree canopy lost. • Alterations may be required to the layout of development to preserve trees on -site. • Exceptional trees, those over 18-inches DBH, cannot be removed without an arborist report and a tree permit. Replacement at the appropriate ratio would be required. • A Heritage Tree program is proposed to recognize trees that are exceptional in size, species, or have historical significance to the community. The property owner must agree to the designation of a Heritage Tree for a tree on their property. • The violations section is expanded and monetary penalties are proposed for the removal of trees without a permit in addition to the requirement to replace removed trees. • The Tree Replacement Fund is codified and uses of funds specified. Revisions to TMC 18.06, Definitions, include the addition of new definitions for at -risk tree, critical root zone, diameter at breast height, dripline, exceptional tree, heritage tree or heritage grove, invasive plant and tree list, invasive tree, pruning, qualified tree professional, risk, site disturbance, street tree, target or risk target, tree risk assessment, tree removal, topping, viable tree CL Page 2 of 5 12/26/2017 1:38 PM W:\Long Range2016-2017 Landscaping -Tree Regs\\Draft Tree Regs\SEPA\E17-0015 Staff Report E17-0015 Proposed Tree Regulations and Definitions December 26, 2017 and windfirm. The revisions to TMC 18.06 supplement the City's landscaping code, found in TMC 18.52, as well as TMC 18.54, tree regulations. The proposed revisions to TMC 18.54 and TMC 18.06 will be considered by the City's Planning Commission at a public hearing on January 11, 2018. The Planning Commission has held two work sessions to review the proposed regulations and has made some revisions to -date. Other revisions may be made after the public hearing. IV. REVIEW OF THE ENVIRONMENTAL CHECKLIST Non -project actions must respond to a series of questions at the end of the SEPA Checklist, rather than address possible project -specific impacts. Individual projects that are subject to SEPA will go through their own project -specific environmental review. The questions and responses are summarized below: 1. How would the proposals be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Response: the proposed regulations will govern removal of trees, tree protection during development and tree replacement under certain circumstances. The new regulations will implement a number of Comprehensive Plan goals and policies related to urban forestry and the protection of tree canopy. The changes to definitions will provide clarity to terminology used in implementing both the landscaping and tree codes. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Response: the proposed regulations will benefit wildlife by promoting the retention of tree canopy, providing habitat for small animals and birds. To the extent the tree regulations reduce on -site erosion and reduce storm water flows, this will benefit marine life and fish. The changes to definitions will provide clarity to terminology used in implementing both the landscaping and tree codes. 3. How would the proposal be likely to deplete energy or natural resources? Response: The proposed tree regulations and changes to definitions will not affect energy or natural resources except to the extent that additional tree canopy will reduce heat in the summer through the shade that is provided and divert stormwater run-off 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection, such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitats, historic or CL Page 3 of 5 12/26/2017 1:38 PM W:\Long Range2016-2017 Landscaping -Tree Regs\\Draft Tree Regs\SEPA\E17-0015 Staff Report E 17-0015 Proposed Tree Regulations and Definitions December 26, 2017 cultural sites, wetlands, floodplains, or prime farmlands? Response: The proposed revisions to the tree code and the changes to definitions will not affect environmentally sensitive areas or areas subject to shoreline jurisdiction — these areas will continue to be regulated under TMC 18.44, shoreline regulations and TMC 18.45, environmentally sensitive areas. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Response: Tree removal and protection in the shoreline jurisdiction is regulated in TMC 18.44 — the proposed tree regulations will not affect that area. The proposed revisions to the tree code will affect new or re -development primarily on residentially -zoned properties throughout the City by establishing protection of existing trees prior to and during development; minimizing the need for additional storm drainage facilities; ensuring tree replacement after removal to provide erosion control and to achieve canopy coverage goals; establish a Heritage Tree or Heritage Grove program to recognize trees with particular historical or cultural significance to the community; and establish procedures for penalties and violations of the tree code. The proposed tree regulations would allow the City to request rearrangement of development on a site to help preserve trees. The proposed tree regulations will not allow or encourage land uses incompatible with existing plans. The revisions to Zoning Code definitions do not address environmentally sensitive areas or the areas covered by shoreline jurisdiction. 6. Identify, if possible, whether the proposal may conflict with Local, State, or Federal laws or requirements for the protection of the environment. Response: The proposed revisions to the tree regulations and definitions will not conflict with other Tukwila ordinance, or State or Federal requirements related to the protection of the environment. IV. PUBLIC COMMENTS Notice was published in the Seattle Times on November 16, 2017, as the draft regulations apply City-wide. No comments were received during the comment period. VI. CONCLUSION The proposal can be found to not have a probable significant adverse impact on the environment and pursuant to WAC 197-11-340, a Determination of Nonsignificance (DNS) is issued for this CL Page 4 of 5 12/26/2017 1:38 PM W:U.ong Range2016-2017 Landscaping -Tree Regs\\Draft Tree Regs\SEPA\E17-0015 Staff Report E17-0015 Proposed Tree Regulations and Definitions December 26, 2017 project. This DNS is based on impacts identified within the environmental checklist, attachments, and the above "Final Staff Evaluation for Application No. E17-0015", and is supported by plans, policies, and regulations formally adopted by city of Tukwila for the exercise of substantive authority under SEPA to approve, condition, or deny proposed actions. Prepared by: Date: Carol Lumb, Senior Planner December 26, 2017 CL Page 5 of 5 12/26/2017 1:38 PM W:\Long Range2016-2017 Landscaping -Tree Regs\\Draft Tree Regs\SEPA\E 17-0015 Staff Report Carol Lumb From: Carol Lumb Sent: Wednesday, December 27, 2017 9:42 AM To: 'sepaunit@ecy.wa.gov' Cc: 'Karen Walter' Subject: Notice of SEPA Determination Attachments: E17-0015 DNS signed.pdf; E17-0015 Staff Rpt.pdf; SEPA Checklist.pdf; TMC 18.54 Clean w PC edits.pdf; TMC 18.06 SO-U w PC edits.pdf Hello, Attached please find a DNS the City of Tukwila issued today for draft regulations revising our tree regulations and revising definitions in the Zoning Code to address urban forestry and landscaping terms. Please let me know if you have any questions. My contact information is listed below. Happy New Year! Sincerely, Carol Lumb Carol Cumb, .2IICP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite 100 Tukwila, '.W 4 98188 206-431-3661 Carol.Cum6@litkivilaiva.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Tuesday, December 19, 2017 1:15 PM To: Louise; senordog@aol.com; Mikel Hansen; Nhan Nguyen (PlanComm.2 @TukwilaWA.gov); Sharon Mann; migmaestas@msn.com Cc: Nora Gierloff; Andrea Cummins; Jack Pace Subject: Significant Tree Comparison Chart Attachments: Chart -Significant Tree Size.docx Hello, Attached please find a chart that staff has prepared comparing the size of "significant trees" in other jurisdictions in the Puget Sound region, as requested by the Planning Commission. Please let me know if you have any questions about the chart, or other aspects of the draft tree regulations or definitions. Thanks — and have a wonderful Christmas! Carol CarolCumb, 5L£CP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite loo 2uktivila, tiVA 98188 206-43i-366i Caro1.1umb@Tukwvilativa.gov Tukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Wednesday, November 15, 2017 4:26 PM To: 'Andy Padvorac'; 'Brooke Alford'; 'Dana Ramsey'; 'Daryl Tapio'; 'David Bayard'; 'David Mutchler; 'Eli Brocker; 'Glen Allen'; 'Greg Al!wine, AIA'; 'Heather McLeland-Wiser'; 'Heidi Narte'; 'Hung van Pham'; 'jeff.beckwith@pse.com'; 'John Rucker'; 'Kathy Graff'; 'Kelli Turner (greenrosel0@msn.com)'; 'Kerrt Kriner; 'Liliana Cardenas'; 'meayotte@comcast.net; 'Nathan Elliott'; 'Paula Williams'; 'pslinder@comcast.net; 'Rev. Allen Mosley'; 'Roger; 'Sunny Mulholland'; 'Thelma Gustafson'; 'Vicki Lockwood'; 'Wayne Werle' Subject: Draft Tree Regulations and Definitions Attachments: SEPA Checklist -tree code.docx; Notice of Application-trees.doc Dear Interested Party, The City of Tukwila has issued a Notice of Application for the proposed revisions to the tree regulations as well as changes to the definitions found in the Zoning Code. I am attaching the Notice along with an environmental checklist evaluating the impacts of the proposed regulations (SEPA). Comments are being taken on the environmental checklist until 5:00 p.m., Thursday, November 30, 2017. You can find the materials that are the subject of the checklist and that will be considered by the Planning Commission here: http://www.tukwilawa.gov/departments/community- development/urban-forestry/. In addition to this opportunity to comment, there is a public hearing on the proposed revisions to the tree regulations and definitions on Thursday, December 14, 2017 —written comments may be provided to the Planning Commission or you may appear in person to provide testimony. Please send any written comments to me at the address below. If you have any questions, please let me know. Sincerely, Carol Lumb CarofCumb, .MCP, Senior Planner Department of Community Development City of Tukwila 630o Southcenter Blvd., Suite 100 Tukwila, '1N.g1 98188 206-431-3661 Caro 1.1 um b @Ju k w flaw a.g o v 2ukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 Carol Lumb From: Carol Lumb Sent: Wednesday, November 15, 2017 4:12 PM To: 'sepaunit@ecy.wa.gov' Subject: Notice of Application and SEPA Checklist Attachments: Notice of Application-trees.doc; SEPA Checklist -tree code.docx; DCD-A TMC 18.06 SO-U Com Edits.pdf; DCD-B TMC 18.54 clean w Comm Edits REV.pdf Hello, The City of Tukwila is considering revisions to its tree regulations and related definitions in the Zoning Code. Attached please find a notice of application for this non -project action along with the draft regulations. Please let me know if you have any questions. Sincerely, Carol Lumb Carol Cumb, ..IICP, Senior Planner Department of Community Development City of TukwiCa 630o Southcenter Blvd., Suite io0 Tukwila, 'W5l 98188 206-43i-366i Caro1.1umb@7ukwilalwa.gov T'ukwila, the City of opportunity, the community of choice **My incoming and outgoing email messages are subject to public disclosure requirements per RCW 42.56** 1 TMC 18.06: Revised or New Definitions Note: New text is shown as underlined text; text proposed for deletion is shown in strikeout. This list of definitions includes existing definitions as well as proposed new definitions related to trees and landscaping. ######### At -Risk Tree "At -Risk Tree" bmeansi a tree that is exposed to potential damage but can be retained durin construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. 18.06.125 iCalipefd "Caliper" means the i . e€Atirsegrta8e44AmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six6-inches above the ground for up to and including four -inch caliper size trees and 12 inches above ground for larger size trees. 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. 18.06.135 Canopy Icover "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on a tlae site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City's Recommended Tree List. 18.06-140 Certified Arborist: "Certified Arborist"; see "Qualified Tree Professional" Commented [CL1]: This is a new definition from Lake Forest Park with revisions proposed by staff. Commented [CL3]: "AmericanHort" is the professional association formerly known as the American Nursery and Landscape Association, which merged with the Association of Horticultural Professionals to become AmericanHort. Commented [CL4j: This definition applies to nursery stock for new trees being planted and is distinguished from measuring diameter of existing trees. Existing trees are measured 4.5 feet from the ground, which is also referred to as "Diameter at Breast Height — DBH". Commented [CL2]: Current definition with revisions from Kirkland definition. (I Commented [CL5]: Current definition with additions from Lake Forest Park. 18.06.145 Nearing Commented [CL6]: No change proposed. "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; CL Page 1 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed Attachment A 93 TMC 18.06: Revised or New Definitions and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. Critical Root ZoneL "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a qualified professional (example: a 24-inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter). Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches!. Dead fTreel "Dead Tree" means a tree with no live crown and no functioning vascular tissue. 18.06.199 Defective jrree! "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and 3. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. Commented [CL7]: Lake Forest Park We. propose using this term rather than "Essential Root Zone" Commented [CU]: ISA source of definition Commented [CL9]: Lake Forest Park. 1 Commented [CL10]: This definition was added when the landscaping code was revised in March, 2017. Diameter at BreastjHeightL(DBHf _ Commented [CL11]: Lake Forest Park "Diameter at Breast Height (DBH)" means the diameter of existing Trees measured four and one-half feet above the ground. r[ l[n "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the hunk of the tree, whichever is greater (this from Lake Forest Park). CL Page 2 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2015 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed i Commented [CL12]: From Kirkland and Lake Forest Park ) 94 TMC 18.06: Revised or New Definitions Exceptional Tree "Exceptional Tree" means a tree that is at least 1824 inches in diameter DBH .For trees with two stems, if the stems have a combined total diameter of at least 24 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 1824 inches, the tree shall be considered an Exceptional Tree, 18.06.380 Groundcover "Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface Hazardous Tree See "Defective [free'. Heritage ;Tree or Heritage Grove _ "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Invasive Plant and Tree List "Invasive Plant and Tree List" means the City list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights -of -way - Invasive Tree. "invasive Free" means a non-native tree species, which is likely to spread and disrupt the balance of an eco-system. Landscape Design Professional "Landscape Design Professional" means a landscape architect perms licensed by the State of v\tashingtonL R WV-4S-9A.c s or an individual who has graduated from ar. etk+ accredited landscape design pr4Kr,amo#essiona4. CL Page 3 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed Commented [CL13]: Proposed using the term "Critical Root Zone' rather than this term. Commented [CL141: Size of Exceptional Tree revised by Committee. Commented [CL1S]: This definition revised when landscaping code revisions were adopted in March, 2017. Commented [CL16]: Issaquah Commented [AC17]: ISA source for definition. Commented [CL18]: This definition added to reflect new landscape code and text in TMC 18.52 that identifies those individuals who may prepare landscape plans for projects. TMC 18.06: Revised or New Definitions 1etiee-ef4aft. 18.06.490 Landscaping or Landscaped Areas "Landscaping or Landscaped Areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. Tint addition, landscaping or landscaped areas may also serve as bioswales to reduce storm water runoff, subject to the standards of this Chapter and TMC Chapter 14.30. Mulch "Mulch" means wood chips bark or other o panic material that covers the ground for weed control and water retention purposes. 18.06.586 Native Vegetation "Native vegetation" means vegetation with a genetic origin of Western Washington, Northern Oregon and Southern British Columbia, not including cultivars. Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures including but not limited to sidewalks curbs, the surfaces of streets, parking lots, or driveways, or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. 18.06.645 Protected Tree/Protected Vegetation "Protected tree/Protected Vegetation" means tree or area of understory vegetation identified on an approved landscape plan to be retained and protected during construction. 18.06.650 Protection Measure "Protection Measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Clearing Permit. CL Page 4 of 8 11/8/2017 1:04 PM w:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed Commented [CLU 9]: Propose using "Landscape Design Professional" Commented [CL20]: Amended definition to reflect new landscaping code, which allows bioswales to substitute as landscaped areas if certain criteria are met. 96 field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. Arborists preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. sl�: "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. 18.06.705 Screening: "Screening" means a continuous fence and/or evergreen landscaped planting that effectively conceals the property it encloses. 18.06.775 SignificantIFreeL "Significant Tree" means a single-trunked tree which is four-4 inches or more in diameter as measured the-greuR4(DBH3 glade or a multi-trunked tree with a diameter of two -inches or more on any trunk (such as willows or vine maple). CL Page 5 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed TMC 18.06: Revised or New Definitions 18.06.651 Protective Fencing) "Protective Fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation, which is required by is a Tree Clearing -Permit or approved landscaping plan; runin �_ "Pruning" means the cutting or limbing of tree or shrub branches. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". Commented [CL21]: Current definition, with proposed revisions. Commented [CL22]: New definition, primarily from Portland, with staff additions. Qualified Tree professional_ an individual who is a certified professional with academic and Commented [CL23]: Modified from Lake Forest Park Commented [CL24]: Modified from Lake Forest Park with City revisions. Commented [CL25]: Revised to reconcile this definition with the definition for a "Significant Tree" in the shoreline jurisdiction. TMC 18.06: Revised or New Definitions 18.06.777 Significant Vegetation Removal' "Significant Vegetation Removal" means the removal or alteration of trees, shrubs, and/or ground cover by clearing, grading, cutting, burning, chemical means, or other activity that causes significant ecological impacts to functions provided by such vegetation. The removal of invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning, not including tree topping, where it does not affect ecological functions, does not constitute significant vegetation removal. Sitebisturbancei: "Site Disturbance" means any development construction or related operation that could alter the subject property, including; but not limited to, soil compaction including foot traffic, tree or stump removal, road, driveway or building construction installation of utilities, or grading. "Sot:a o.-i' _i+ Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting properW.I Target or Risk (Target: "Target or Risk Target" means as used in the context of urban forestry or trees, people, property or activities that could be injured damaged, or disrupted by a tree. Tree Risk Assessment "Tree Risk Assessment" means the systematic process to identify analyze and evaluate tree risk, prepared in accordance with the latest version of the ISA Best Management Practices Guide by a Qualified Tree Professional. Tree Risk Assessor1 "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the CL Page 6 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects \2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed Commented [CL26]: No changes proposed to this definition. /� Commented [CL27]: New definition — Kirkland. Commented [CL28]: In searching the code, I do not find the term "Solid Planting" used; TMC 18.52.020 D defines "Type III -Heavy Perimeter Screening", which is essentially a solid planting, so this definition is not needed. Commented [CL29]: This definition from Kirkland. Street I is also defined in TMC 11.04.040 #83 as "arty trees located on any street or public right-of-way". It is not defined in the new TMC 18.52 ordinance. Commented [CL30]: Modified from Lake Forest Park. Commented [CL311: Modified from Lake Forest Park. 98 TMC 18.06: Revised or New Definitions likelihood of failure, estimates the consequences of tree(s) hitting a Target and determines options for treatment or mitigation. 18.06.845 trreel "Tree" means any self-supporting woody plant +r+ece characterized by one main trunk, or for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity that is recognized as a Tree in the nursery and arboriculturai industries. 18.06.850 Tree RemevalClearing Permit: "Tree Removal--leariag Permit" means a permit issued by the Director authorizing tree gearing removal activities, or work that may impact the Critical RootJZonel, pursuant to the general permit provisions of this Title. Tree litemovalli "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems, destroying the structural integrity of trees through improper pruning, poisoning, or filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. (Toppingl. "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) "A 300 Pruning Standards" and companion "Best Management Practices for Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. 18.06.860 Understory Vegetation: "Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath and shaded by the canopy of a significant tree, which affect and are affected by the soil and hydrology of the area surrounding the significant tree roots. CL Page 7 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed Commented [CL32]: Current definition with revisions from Lake Forest Park. Commented [CL33i: This phrase added by staff to reflect change in permit title by Advisory Committee and the various circumstances that may trigger a Tree Permit. Commented [CL34]: New definition from Lake Forest Park. Commented [CL35]: Revised from Portland TMC 18.06: Revised or New Definitions 18.06.910 Vegetation: "Vegetation" means living trees, shrubs or groundcover plants. Viable !tree: "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure, is relatively Windfirm if isolated or exposed, and is a species that is suitable for its location and is therefore worthy of long-term retention. Commented [CL36]: Lake Forest Park Windfirn% _Commented [CL37]: Lake Forest Park 1 "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined that can withstand normal winter storms or surrounding tree removal. CL Page 8 of 8 11/8/2017 1:04 PM W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed 100 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree-Refeval Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.170 Heritage Trees 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 18.54.010 !Purpose! The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1. Rothe-pProtectiea-of existing trees prior to and during Idevelopment1 2. Establish protections -FectaMeeeents for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; Commented [CL1]: New purpose text to reflect adopted Urban forestry Comprehensive Plan goals and policies. Commented [CL2]: Advisory Committee revisions to Purposes #1 and 2. Attachment B 101 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 18.54.020 Scope This chapter sets forth rules and: regulations to control clearing of trees 'withinithe City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, fi Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. 18.54.030 Tree Rempeval Permit Required (VP) A. Permit Required. 1_A Tree Remeyal Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any of these Trees within the City, unless the action is exempt from this Chapter. 1,2. A Tree Removal Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown. 3_A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B. Tree Removal on undeveloped lots is prohibited. C. Tree Removal xemptionsl. The following activities are exempt from the requirements of this Chapter: Commented [CL3]: These regulations do not address understory vegetation —just trees. Understory vegetation is regulated in SAO and Shoreline regulations. Commented [CL4]: Committee revision: Name permit "Tree Permit" then have different types: 1. Tree Removal 2.Tree Impact (for work in CRZ) 3. Heritage Tree Removal or Pruning over 20% of existing crown. 4. Exceptional Tree Removal 5.Tree Removal -Utilities Commented [CL5]: Mix of Lake Forest Park and current exemptions in TMC 18.54 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine rnaintenancelof trees necessary to maintain the health of cultivated / Commented [CL6]: From TMC 18.54.050 plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year period. •Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or CL Page 2 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL7]: Added by Advisory Committee. 102 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions public entity undertaking such an action shall submit a Tree Remeval Permit application within one week of the emergency action and replace the tree(s) if required by this Chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the pirectoiL D. Arborist Report —All Tree-Repaeval Permits shall require an ISA Certified Arborist }eportyiewt unless otherwise stated in this Chapter.; e ccpt for -floe dwoflin, taor than for r.,cepti cial r Horitag T An arborist's report is not required for the permitted removal of trees, other than Exceptional or Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. 18.54.040 PERMIT SUBMITTAL REQUIREMENTS A. Permit Application. Prior to any tree removall-ef site clearing, or work within the CRZa Tree Removal Permit application must be submitted to the Department of Community Development containing the following information: Commented [CL8]: Added at the request of Seattle City Light. Commented [CL9]: Committee approved substitute language — avoids the need to define "major storm even", and also there might be other entities besides utilities that would need to use this provision. Commented [CL10J: Revised this subsection to require an arborist report, not just an arborist's review. 1. Site Plan of the proposal howingL Commented [CL11]: TMC 18.54.0801. a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed arid existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2-foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal howingl a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC 18.54.060 3. Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the ollowingl a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on -site; CL Page 3 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted 4-Committee edits shown Commented [CL12]: From TMC 18.54.080 2. Commented [CL13]: Revised from TMC 18.54.080 3. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if �equired[ 4. A photo of the tree(s) to be impacted or removed. 45. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. B. Single Family Tree Removal — Rcmovai-e€-Up to Four Trees of Less. The removal of 1-4 trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements in Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: 1= 2. Number and size of trees to be removed. 3. The location off any affectediutilityii lines within the overhead "fall zone" or other built infrastructure. 4. Photos of the tree(s) to be removed; 5_The method of removal and identification of contractor; and 6. Time schedule of tree removal. Table A Single Family Tree Removal Requirements Trees (DBH) # of Trees in 36 Month Tree Permit? Arborist Report? Period that can be Removed 4=8" 4 Tree Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18-24" 1 Yes Yes 4= } V-es *es See Table B for the number of replacement trees required, if any. CL Page 4 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL14]: New text. jCommented [CL1SI: Permit application should also suggest that applicant call 811 for a utility locate to ensure no underground utilities will be impacted by tree removal. Commented [CL16]: the Committer wanted to tic the number of tree, that can be removed Irnm singly lamely toned properhe, unproved with a dwelling In the •.iu• of the trees bung removed. 1 he larger the nee removed. the fewer that can be taken out in a 36 month period. 104 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A- C. Permit Materials IilNaivetj The Director may waive the requirernent for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application eel Fee required: A Tree Remeval Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. 18.54.050 Permit Approval Criteria, General. A- All Tree Removal Permit applications shall meet the criteria outlined below for approval. 8. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. B-B. Tree protection will be implemented as required in TMC 18.54.070. &C. Tree replacement will be implemented as required in TMC 18.54.080. FrD. Tree replacement fFunds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. 6 E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. B. Topping of trees is prohibited and considered removal,. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or CL Page 5 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016.2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL17]: From existing TMC 18.54.090 Commented [CL18]: Modified from existing TMC 18.54.100 Commented .,..---( [CL19]: Revised and moved to Permit Approval Criteria section. Commented [CL20]: Replaced with proposed text below. Commented [CL21]: The topic of tree retention is currently found in TMC 18.54.130 1. and is proposed to be replaced with the text below. ' Comm ented [AC22]: From 18.44.080 B.1. J DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to L]ow with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target; or, d. Extreme risk! 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures and potential for root or canopy interference with utilities. D. Where permitted, removal of Exceptional or Significant trees on a property zoned Low Density Residential and improved with a single-family dwelling beyond the up to four trees permitted within a 36-month period shall be replaced pursuant to the tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the tree removal. .. the cort of idcnttcation of ;...d:v'.L,.,1 tree spec-ies and to tho st:.. .,Echo s I,. F,-E.Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off - site tree replacement as required by this Chapter. FrF. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. G. The bepartment shall conduct a tree canopy assessment every five years from the date of the adoption of this Chapter to ensure that the tree canopy goals of the Comprehensive Plan are being met. 18.54.070 Tree Protection Standards) All treesvegetati+}A not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below% CL Page 6 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 staff edits accepted w/-Committee edits shown 'i Commented [AC23]: From lake Forest Park Commented [CL24]: Should be trees not vegetation, as this Chapter does not address vegetation retention. Commented [CL25]: Subsection E. is from existing code, TMC 18.54.1408. It was deleted by the Committer as eliminating this option will provide site specific tree inventory informetion when development is proposed. Commented [CL26]: Added by the Committee to make Isure we are monitoring tree canopy percentages over time. Commented [0.27]: Title of section revised from current code Commented [CL28]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as the tree protection criteria to be followed. 106 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third-partyA4 arborist ed-to review long-term viability of the tree. C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the wisp physical -barriers shall be based on the approximate age of the tree (height and canopy) as ifollowsL 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE —THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violation section of TMC 18.54.190." G. All tree protection measures 444-be•installed acid shall be inspected by the City, and if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth k-novingl H. Any branches or limbs that are outside of the CRZ and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs except under the direct supervision of an ISA Certified AIborist. I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feetLof the CRZ shall be approved by the City prior to implementation. CL Page 7 of 18 11/8/2017 9:05:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL29]: From ISA standards Commented [CL30]: Modified from TMC 18.54.160 B. Commented [CL31]: The Committee discussed when or if 1 to allow construction personnel to prune affected tree 1 limbs. Commented [CL32]: Confirm with PW — is this a reasonable distance DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection shall be conducted by the City is-Fer,+iredto finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 18.54.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum requirements A. Each existing Significant Tree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's tree replacement fund. B. Tree Replacement Ratios: Table BA below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties+ zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36 month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement(slpfeject- Replaced trees that do not survive must be replanted in the next appropriate season for planting. 8. —If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the TEree Rfeplacement F#und. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed, subject to additional maintenance fees. CL Page 8 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Piles\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL333: Existing code, TMC 18.54.130 3. with I revisions as noted. 108 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions TABLE BA: Tree Replacement Requirements Diameter* of Tree Removed (*mcnsured of height of 4.5 feet from the ground} �lumbcr of Rcol 4 6 inches (single trunk} 2 inches (any trunk of a multi trunk tree} Over 6 8 inches 4 Over 8 20 inc e. Over 20 inches 6 Amount of Mature Tree Equivalent Stature Tree ano Removed Up to 500 sq. ft. Small Canopy Tree Number of Replacement Trees 1 501-1000 sq. ft. Medium Canopy Tree >1001 sq. ft. Large Canopy Tree 2 3 &D. Tree replacement shall also meet the standards in TMC 18.54.160. 18.54.090 Tree Relocation Tree relocation shall be carried out according to Best Management Practices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table BA cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen kreel; 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. CL Page 9 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL34]: We have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that wit be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL35]: Committee direction is to look at other ways to establish the number of trees required for replacement —perhaps tie to the amount of canopy proposed replacement tree would provide. Commented [CL36]: When removal of a tree is proposed, the number of trees required for replacement will be based on what the mature tree canopy of the removed tree would have been, not the current tree canopy provided. j Commented [CL37]: Committee also added "installing' l but that is covered in #2 below. j DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions D. Tree Replacement funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, pursuant to TMC 18.54 j160. 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Re,r tev3ll Permit, subject to the following provision: Commented [CL38]: Need to confirm with Public Works. ) i LCommented [CL39]: Revised from TMC 18.54.120 A. Tree Protection Assurance. The applicant may he required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during}thel, i{commented [CIAO]: Added by the Committee. construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release a[I or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance 5,ssurancel. Where replacement trees are required, the applicant may be required to post a onetee-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if theproperty is sold prior to the expiration of the one- year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of a n applicant's estimate, the performance assurance shall be equal to City staffs best estimate of CL Page 10 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL41]: During the Advisory Committee's review, the question was raised on how to ensure the trees survive once the property is sold and the homeowner takes over maintenance. The last sentence of B. (highlighted) attempts to address this concern. 110 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be redeemed enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 18.54.120 .iabilityL Commented [CL42]: Existing language in TMC 18.54.190, 1 moved to this section. Revisions as noted. A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree Removal Permit, be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Rerr+evaf Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. jfhelapplicant shall at all times protect improvements to adjacent private properties Commented [CL43]: Moved from Permit Conformance 1 and public rights -of -way or easements from damage during clearing. The applicant ( section 18.54.160 C. shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.130 Permit Processing and lDurationl A. All Tree Removal Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. B. If the Tree Removal Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. CL Page 11 of 18 11/8/2017 9:06:34 AM W:\\sharepoint Files\Long Range Planning\2016.2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [0.44]: Existing text — moved from 18.54.150. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions C. Tree Removal Permits expire one year after the date the permit is issued. 18.54.140 Permit ifxceptions A. Exception Procedures An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Reemeva] Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by theritV{ Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria 1. The Director may grant exceptions from the requirements of this Chapter when undue hardship may be created by strict compliance with the provisions of this Chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Chapter. 2. An exception to this Chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed trees removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception Commented [CL45]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. Commented [CL46]: Added by the Advisory Committee. request by a third party Qualified Tree Professional at the expense of the f applicant[ Commented [CL47]: Staff suggested addition. 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. CL Page 12 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 staff edits accepted w/-Committee edits shown 112 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.160 Soil Preparation, Plant Material and Maintenance *andards1 Commented [CL48]: New section A. Soil Preparation 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a �lepth� of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs )ncludingl, but not limited to: a._Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material 6tandardsL 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. CL Page 13 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL49]: A.1. And 2. Modified from TMC 18.52, landscaping regulations. Commented [CL50]: From TMC 18.52.070, landscaping 1 regulations. Commented [CL51]: Text in this section adapted from TMC 18.52.060 Commented [CM]: Accidental carry-over from Landscaping Chapter. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. Wherelthere are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning Commented [CL53]: From TMC 18.52.060 B.4 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter bmendedl No more than 25% of the tree canopy shall be pruned in any two-year period except for fruit trees; thatw#isla are being, pruned to increasr ha ,rest 7 T.en'Cidl /� 2. !All[rotected and replacement trees and vegetation shown in approved Tree Removal Clearing Permit materials shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Neal iFig Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA Ceertified Arborist 1Jtititi^ :a4ist-or performed by J� the utility provider under the direction of an ISA Certified Arborist_U ilities-Specialist. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Trees And Heritage iGrovesi A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. B. Designation Criteria: A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. CL Page 14 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL54]: Modified from 18.52.080 C. Commented [CL55]: Added by Committee to allow more aggressive pruning of fruit trees, if needed. Commented [CL56]: From TMC 18.54.160 D. Commented [CM]: Deleted at suggestion of Seattle City Light (SCL) as contractors carrying out pruning have an ISA Certified Arborist on -site however not always with the Utilities Specialist qualifications. The SCL supervisor is typically a Utilities Specialist — this person would have discussed the pruning project ahead of time with the pruning contractor. Com• mented [CL59]: Heritage Grove added to this section as criteria for designation were similar to those to designate a Heritage Tree. 114 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. following e-iteria: , --The grove is r lines; or bz C. Heritage Tree Development Review 1. When development is proposed for property that contains a Heritage Tree, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a cti:iolifieci-afber-ist Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subiect property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Removal Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or CL Page 15 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code Tree Code \Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL60]: The rest of this section is from the 1 City of Vancouver, Washington's heritage tree regulations. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree clue to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown shall apply for a Tree Rervtoval permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 tiolationst A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person✓ho fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. CL Page 16 of 18 11/8/2017 9:06:34 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL61 ]: From landscaping Chapter, TMC 1852.110. Commented [0.62]: From landscaping Chapter 116 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 2_Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to three-feurItimesIthe marketable value of each tree removed or damaged as determined by an ISA certified arborist. 2,3. Any fines paid as a result of violations of this Chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund, 25% into the General Fund. 3-4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 4-55-Penalties are in addition to the restoration of removed p[a-teria}s_trees through the remedial measures listed in TMC Section 18.54.200. 5 6.�It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial IVleasuresl. In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Tree Removal Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table A-B C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter, —an -applicable Title. E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. CL Page 17 of 18 11/8/2017 9:06:34 AM w:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL63]: RCW 64.12.030 allows treble damages, not four. Commented [CL64]: Find RCW citation that allows up to 4 ties the value to be charged. Commented [CL65]: Remedial Measures from TMC 18.52.180, Enforcement and moved to be its own subsection. Items A and B are new; items C.— F. are existing text moved from TMC 18.54.180 D. Commented [CL66]: Revisions to TMC 18.45, the sensitive area regulations, will occur in 2018 and remedial measures for sensitive areas will be addressed there. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.210 enforcement; A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this Chapter to ensure compliance with, and/or remedy a violation of this Chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Remeval Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation ofa Tree Removal Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Chapter or any provision of an approved Tree Removal Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Removal Permit or this Chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of Tree Removal Permit issuance to ensure compliance with this Chapter. The permit process is complete upon final approval by the Director. CL Page 18 of 18 11/8/2017 9:06:34 AM W:\\sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/-Committee edits shown Commented [CL67): Existing text from TMC 18.54 that reflects revisions to the Enforcement section. 118 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 48.54:010- title 18.54.0120 Purpose 18.54.0230 Scope 18.54.0370 Tree Removal Permit Required 18.54.0480 Permit Submittal Requirements-Applieation-Materials 18.54.050434 Permit Approval Criteria 18.54.0¢440 Permit-ExseptionsTree Retention Standards 18.54.0760 Permit-ConfermanseTree Protection Standards 18.54.08450 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Replacement Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance 18.54.1670 Heritage Trees and Heritage Groves 18.54.180 Approved and Prohibited Trees 18.54.1790 Violations 18.54.200 Remedial Measures 18.54.2180 -Enforcement 48:64.190 Liability 4844418441e 4£654.020 Pufposo 4 Commented [CL1]: This section not needed. Commented [CL2]: Replaced by new section, below. 1 Attachment C 119 arr DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions (--fed -woof#-and cpi1-eresierl; {4) mackrngneise; (6) energy-sancervai habitat -areas: titler tw#ers- 1 18.54.010 ]Purpose The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the city; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. In particular, the purpose of this Chapter is to: 1, e rotectie4ef existing trees prior to and during development; 2. Establish protections recgairements for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 4. Minimize the need for additional storm drainage facilities; S. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6_Protect fish, wildlife and their habitats bvpromoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and, 9. Establish procedures for penalties and violations of the tree code. CL Page 2 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL3]: New purpose text to reflect adopted Urban Forestry Comprehensive Plan goals and policies. Commented [CL4]: Committee revisions to Purposes #1 and 2. 120 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.0230 Scope This chapter sets forth rules and regulations to control clearing of trees within the City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. gearieg-Permit: sherelino zono. pitInt-nuFsefr 036eieeetc. 444158-44-0449,951 All -removal of significant trees and Undo -story vegetation shall be undertaken in accordance with the 18.54.0370 Tree Removal Permit tequired Permit on a form approved by tie Director; unless specifically exempted under -this chapter. A. Permit Required. 1. A Tree Removal Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any these Trees within the City, unless the action is exempt from this Chapter. 2. TA Tree RerReval Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown in a two-year period. CL Page 3 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL5]: Revised and incorporated into Permit Required section below Commented [CL6]: This section not needed CCommented [CL7]: Incorporated into section below. Commented [CL8]: Name of permit revised by Committee as there will be different types of Tree Permits: 1.Tree Removal 2.Tree Impact (for work in the CRZ) 3.Heritage Tree Removal or Pruning over 20% of existing crown 4.Exceptional Tree Removal 5.Utility Tree Removal DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 3. A request for an exception to the requirements of the Chapter shall be processed under a Tree Exception Permit. B. Tree Removal on undeveloped lots is prohibited. C. Tree RemovaljExemptionsl The following activities are exempt from the requirements of this Chapter: 1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. :Routinelmaintenance of trees necessary to maintain the health of cultivated _-- plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year period. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Removal Permit application within one week of the emergency action and replace tree(s) if required by this Chapter. Additional time to apply for a tree Permit may be granted at the discretion of the Director. D. Arborist Report. All Tree Removal Permits shall require an ISA Certified Arborist reportview;-unless otherwise stated in this Chapter.-exeeflt-fer•-the An arborist's report is not required for the permitted removal of trees, other than Exceptional or Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. 18.54.0440 PERMIT SUBMITTAL REQUIREMENTS A. Permit Application. Prior to any tree removal, site clearing or work within the CRZ„ a Tree Reroeval Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plar of th , proposal Jho+vinRl: a. Diameter, specie, name, location and canopy if t:xistirg Significant Trees in relation to plapoyed and existing str,;ttures. utility Iint , and Lonstruction limit line; b. Identificat:o:,_f an nitikdnt free, tope removed and/or reiut_atedi CL Page 4 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL9]: Mix of Lake Forest Park and current exemptions in TMC 18.54 Commented [CL1O]: #2 from City of Redmond, WA tree code Commented [CL11 ]: TMC 18.54.080 1. 122 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions c. Existing and proposed topography of the site dt 2 -foot contour intervals, and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal ishowir4 a. Diameter, species name, spacing and location of replacement trees to be planted- b. Diameter species name and location of ail Significant frees to be retained; and c. Vegetation protection measures consistent with the cr:tena in MC 18.54.060 3. Professional review or recommendation. Assessrnent prepared by an ISA Certified Arborist addressing the following Commented [CL13]: Revised from TMC 18.54.0803. Commented [CL12]: From TMC 18.54.080 2. a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on site; b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed: c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if requiredi. 4. A photo of the tree(s) to be impacted or removed. 175. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on -site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. A B. Single-family Tree Removal — Removal if Up to four Trees or less. The removal of 1-4 trees within any 36-month period on a property zoned Low Density Residential and improved with a single-family dwelling, is permitted, subject to the requirements of Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: i subicd to no foe Tree 1. Site pion with to troc(s) to be . ,ed kier4 fi d aL. d 2. Number of and size of trees to be removed. 3. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure. 4. Photos of the tree(s) to be removed; 5. The method of removal and identification of contractor; and 6. Time schedule of tree removal. CL Page 5 of 23 11/8/2017 9:13:S0 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL14]: New text. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions Table A Single Family Tree Removal Requirements Trees (DBH) # of Trees in 36 Month Tree Permit? Arborist Report? Period that can be Removed 4-8" 4 Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18--24" 1 Yes Yes >24" .} yes Yes See Table B for the number of replacement trees required, if any. $: C. Permit Materials Waiver The Director may waive the requirement for any or all plans or permit items specified in this eltex section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Cehapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application eel Fee required: A Tree Reteval Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. CL Page 6 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL15]: The Committee wanted to tie the number of trees that can be removed from single family zoned properties improved with a dwelling to the site of the tree. being removed. The larger the tree removed, the fewer that can be taken outin a 36 month period. Commented [CL16]: From existing TMC 18.54.090 Commented [C117]: Modified from existing TMC 18.54.100 Commented [CL18]: Revised and moved to Permit Approval Criteria section. 124 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions Perit- 18.54.0540 Permit Approval Criteria, General. All Tree Removal Permit applications shall meet the criteria outlined below for approval. A. Existing trees will be retained on -site to the maximum extent possible as required by TMC 18.54.060 and as recommended in the arborist report, if applicable. B. Tree protection will be implemented as required in TMC 18.54.070. C. Tree replacement will be implemented as required in TMC 18.54.080. D. Tree replacement funds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. E. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards CL Page 7 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL19]: Replaced with proposed text below. Commented [CL20]: This text is currently found in TMC 18.54.130 A. and is proposed to be replaced with the text below. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions Area guffers n.d he -.Ill,...... of zone of protected trees shall be: r1t . -OR A. As many Significant Exc ptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may requireieasonabled alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Tree. B. Topping of trees is prohibited and considered removal. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Low with mitigation such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target. or, d. Extreme risk .-'i Commented [AC231: From Lake Forest Park 3. Factors that will be considered in approving such tree removal include, but are not limited to tree condition and health age risks to life or structures and potential for root or canopy interference with utilities. D. Where permitted, removal of Exceptional or Significant trees on a property zoned Low Density Residential and improved with a single-family dwelling beyond the up to four trees permitted within a 36-month period shall be replaced pursuant to the tree replacement requirements outlined below. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any Commented [CL21 ]: "Reasonable" added by Advisory Committee. Commented [AC22]: From 18.44.080 8.1. l potential impact from the tree removal. / Commented [CL24]: This chapter applies to trees, not vegetation. / Commented [CL25]: From existing code TMC 18.54.140 B. The Committee deleted this subsection as eliminating this option will provide site specific tree inventory information when development is proposed. CL Page 8 of 23 11/8/2017 9:13:50 AM W:\\5harepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits 126 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions F. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off - site tree replacement as required by this Chapter. G. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. H. The Department shall conduct a tree canopy assessment every five years from the date o6he adoption of this Chapter to ensure that the tree canes goals of the Comprehensive Plan are being met. 18.54.070 Tree Protection MeaswresStandards � { Commented [CL26]: Added by the Committee to make 1 lsure we are monitoring tree canopy percentages over time. j Commented [CL27]: Title of section revised from current code /( Commented [CL28]: Proposed text changes below. All trees v^^n not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards 3eloNi. Commented [CL29]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve A. The Critical Root Zones (CRZ) for all trees designated for retention on site or on as the tree protection criteria to be followed. adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. B. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Aw arborist otiay-lae-Feci4ifeet to review long-term viability of the tree. C. Physical barriers, such as 6 foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. D. Minimum distances from the trunk for the physical I . - barriers shall be based Commented [CL30]: Revised to make terminology on the approximate age of the tree (height and canopy) as oliows: consistent with C. above. 1. Young trees (trees which have reached less than 20% of life expectancy): 0.75 Commented [CBI]: From ISA standards per inch of trunk diameter. 2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. CL Page 9 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree .and Environment Advisory Committee Revisions 3. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. E. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a Qualified Tree Professional here). Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subiect to the Violation section of TMC 18.54.190." G. All tree protection measures sktall-ire installed God shall be inspected by the City, and if deemed necessary a Qualified Tree Professional prior to beginning construction or earth knoving_ / Commented [CL32]: Modified from TMC 18.54.160 B. 1 H. Any branches or limbs that are outside of the CRZ; and might be damaged by machinery, shall be pruned prior to construction by an ISA Certified Arborist. No construction personnel shall prune affected limbs except under the direct supervision of an ISA Certified lArborisi / Commented [CL33]: The Committee discussed when or if i. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be tliomalbs.low construction personnel to prune affected tree placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. J. No storage of equipment or refuse• parking of vehicles• dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance including trenching, shall be allowed within the CRZ. Grade changes within 10lfeetl of the CRZ shall be approved by the City prior to / Commented [CL34]: Confirm with PW — is this a implementation. reasonable distance L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. M. A pre -construction inspection shall be conducted by the City isfesuiredto finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 18.54.080 Tree Replacement Standards When tree replacement is required, tThe site shall be planted with trees to meet the following minimum !requirements it CL Page 10 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL35]: Existing code, TMC 18.54.130 3. with revisions as noted. 128 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions A. Each existing S&ignificant Ttree removed, including removal of trees in easements and rights -of -way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the Citv's Tree Replacement Fund. B. Tree Replacement Ratios: Table B A below establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For propert+ties zoned Low Density Residential and improved with a single-family dwelling when the number of trees permitted to be removed in a 36 month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table 8 fappI 1. C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the frefect iite'si improvement. Re laced trees that do not survive must be replanted in the next appropriate season for planting. D. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Tree Replacement Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off -site tree replacement may be allowed. subiect to additional maintenance fees. CL Page 11 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [C136]: The highlighted language adjusted after Committee review completed to match the new approach to determining how many trees can be removed I in a 36 month period. Commented [CL37[: Clarification by Advisory Committee j as to what is meant by "project". DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 11 8 ipchcf, 8 12inches 4 4 48-24-inch >24inchcs 8 'TABLE B A: Tree Reiacerrtent Requirements .. - i:cE,IZBF nrv..'drC_a..__'_ti__._. ]'.2tght-"Gi-4,5-ffPngi;e47.tke-gg--TFii7i.1} rrt3a_vC+.-h e4. ..:c-n_E-'r'r{_i'r2' v-42&"+:i "i.-Fs'. '� 4 u':T7c ea-{3H;ic=tEF_ci^r1h"} 3 2-i.P. 4'R_j-Z. r'rYcFrl4*-ef-o-mul,d-".-Furrya=1.�.�} 9Vf2r,6 44 €he5 $ Orve+-40-iacJo es —0 Amount of Mature Tree Equivalent Stature Tree Number of Replacement Icanopv; Removed Trees Up to 500 sq. ft. Small Canopy Tree 1 501-1000 sq. ft. Medium Canopy Tree 2 >1001 sq. ft. Large Canopy Tree 3 E. Tree replacement shall also meet the standards in TMC 18.54.160, 41) Minimum ,.L, It L,e 2 C :., h I'.. F d id ♦ 6 ♦ 8 F ♦ ' CL Page 12 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits / Commented [CL38]: We have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL39]: When removal of a tree Is proposed, the number of trees requited for replacement will be based on what the mature tree canopy of the removed tree would have been, not the current tree canopy provided. Commented [CL40]: Planting standards moved to new section below. 130 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.090 Tree Relocation Tree relocation shall be carried out according to Biaest Molanagement Ppractices, and trees proposed for relocation shall have a reasonable chance of survival. 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees required by Table B A cannot be accommodated on -site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following; 1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen tree; 2. The cost of labor to install a treei 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. C,D. Tree Replacement funds may be used by a single-family property owner to plant bne or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the sie preparation and maintenance of the street tree, pursuant to TMC18.54.160. 18.54.1140 Performance Assurance A�4icant Se6Yri To mitigate potential damages that may result from unauthorized tree removal or maintenance ,the Director may require €recp the applicant to submit a bond, letter of credit, or other means of assurance-securit acceptable to the City prior to issuance of a Tree Refeeval Permit, subject to the following provision A. Tree Protection Assurance. The applicant may be required to post a three year performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond CL Page 13 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [0.411: Added by the Advisory Committee. Need to confirm with Public Works. Commented [CL42]: Revised from TMC 18.54.120 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. 8. Tree Maintenance Assurance. Where replacement trees are required, the applicant maV be required to post a lonethrce year replacement tree maintenance bond or other �= acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the progerty and if the property is sold prior to the expiration of the pn•year replacement tree maintenance bor]d, the developer shall assign the bond to the purchaser. C. Replacement trees damaged due to natural disasters such as wind storms, hail, ice or snow storms and earthquakes shall be exempt from further replacement. D. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance - assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this Chapter. E. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations or following any prescribed trial maintenance period required in the permit. F. Performance assurances provided in accordance with this Chapter may be red_ccmcd enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. A. 18. 54.1200 O a b i l ityL A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree-Remfieval 4 e€ ,in,g Permit t#fe City limits, will be the sole responsibility of the owner of the site for which the permit was issued. A:B.__Issuance of a Tree_Rew+eva1_-Gkea4riig Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Cehapter. CL Page 14 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL43]: During the Advisory Committee's review, the question was raised on how to ensure the trees survive once the property s sold. The last sentence of B. (highlighted) attempts to address this concern. Commented [CL44]: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. 132 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions C. Nothing contained in this Cehapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to -per-TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. IThe1applicant shall at all times protect improvements to adjacent private properties and public rights -of -way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.1360 Permit Processing and Duration A. Permit. All Tree Removal-Permitsand exeepEiews shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. B. If the Tree Removal -Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree Removal -Permits expire one year after the date the permit is issued. 18.54.140 Permit exceptions! A. Exception Procedures — An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree Removal Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by theit)A. Approval of the exception is subject to the exception criteria outlined below. B. A, ---Exception Criteria 1. The Director may grant exceptions from the requirements of this Cehapter when undue hardship may be created by strict compliance with the provisions of this Cehapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this Cehapter. CL Page 15 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL45]: Moved from Permit Conformance section 18.54.160 C. Commented [CL46]: Existing text — moved from 18.54.150. Commented [CL47]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. Commented [CL48]: Highlighted language added by Advisory Committee. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 2. An exception to this Chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree vegetation removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this Cehapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional eKc-epOsn-reguest at the expense of the applicant. a. The • • of trees, E--......�f`r-SFF•c-�rrr","-v..-ck"rerlfre�r�(2r]Jc'Lor'"ir2Kkr•Gi-E?E—.�i-.1-i=.Fe��.i=;-crYlfie:-i2-t3:Ef�^-L=<-i:+€l�J+:ic5 a,.-e-slaw wa1r rtF zc344#h�t.9.•ru^r-k.,44S-al.14rr:a-!0,'acr-ak.;Z-rr,afr r-it,l`:-,r•:r. a`c ...site4peaialan•tia1%- gas• j�;i•wr•;1;� agr.e.ael-'arihe-apia.k-a+.4-34,A-Pate - d-. S fnai-�.,.�lter-„zed- tbis claapte s, .44,44-44,40,4-4001444.4. CL Page 16 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits j Commented [CL49]: This provision (d.) revised and moved to "Plant Materials" below. Commented [CL50]: Moved to the Tree Retention section above., 18.54.040 8.4. Commented [CL51]: Revised and moved to TMC 18.54.140 A. above 134 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 18.54.1540 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. a xtwity, Commented [CL52]: Covered in 18.54.040 B. 7. 18.54.160 Soil Preparation, Plant Material and Maintenance$Standardsi --(Commented [CL53]: New section A. Soil Preparation 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a kiepthL_-- Commented [CL54]: A.1. And 2. Modified from TMC of 12 inches throughout the planting area. 18.52, landscaping regulations. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs kncludinkbut not limited to: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46-inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant MaterialjStandardst 1. Plant material shall be healthy, vigorous and well -formed, with well -developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on -site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown like• -well CL Page 17 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits Commented [CM]: From TMC 18.52.070, landscaping regulations. J Commented [CL56]: Text in this section adapted from TMC 18.52.060 pruned in any two-year period, except for fruit trees that are being pruned to increase harvestaotentiaL 2. LAl protected and replacement trees and vegetation shown in approved Tree Removal Cleatioo Permit materaais shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree gear -log Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA Certified Arborist ilitiesSspecialist or performed by the utility provider under the direction of an ISA Certified Arborist The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Tree and Heritage Groves DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions foliated and be of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). around -the -site` - 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2-inch caliper at time of planting as measured 4.5 feet from the ground determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case by case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. Commented [CL57]: Accidental carry-over from Landscaping Chapter — does not apply since this Chapter addresses only trees. 6.tWhere there are overhead utility lines, the tree species selected shall of a type which, at�----Commented [CL581: From TMC18.52.060B.4 full maturity will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning 1. Pruning of trees should be for the health of the plant material, to maintain sight distances or sight lines, or if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A-300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be __.---tCommented [CL591: Modified from 18.52.080 C. A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by the owner of the property on which the tree or grove is located. 6. Designation Criteria: A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: CL Page 18 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL60]: Language related to fruit tree pruning added by Advisory Committee to allow more aggressive pruning of fruit trees, if needed. Commented [CL61]: From TMC 18.54.160 D. Commented [CL621: Deleted at suggestion of Seattle City Light(SCL) as contractors carrying out pruning have an ISA Certified Arborist on -site however not always with the Utilities Specialist qualifications. The SCL supervisor is typically a Utilities Specialist — this person would have discussed the pruning project ahead of time with the pruning contractor. Commented [CL63]: New section 136 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance, fellew,ng criterie ,..distinct:.,p either duo ♦o .:z hap., reseurG 1, „te,d alo. r I h • i . a I •,t %Ne&;-or D. Heritage Tree or Heritage Grove Development Review 1. When development is proposed for property that contains a Heritage Tree or Grove, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a Qualified Tree Professional as approved by the Director arberlst demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front side, and/or rear yard setback standards to retain a Heritage Tree(s) or Grove may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and shall not conflict with other adopted ordinances or conditions placed on the property. a Page 19 of 23 11/8/2017 9:13:50 AM W:\\5harepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL641: The rest of this section is from the City of Vancouver, Washington's heritage tree regulations. Commented [CL65]: Subsection C. deleted as the criteria to designate a Heritage Grove are similar to designating a Heritage Tree. Heritage Grove references integrated into 8 above. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Tree(s) or Grove. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Re feval-Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties:,or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown shall apply for a Tree Removal Permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards; and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by an ISA certified arborist; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. TMC 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. TMC 18.54.190 (Violations[ A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. CL Page 20 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL661: From landscaping Chapter, TMC 18.52.110. 138 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions 8. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person kwhoi fails to comply with the provisions of this Chapter also shall be subject to a civil l Commented [CL67]: From landscaping Chapter penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval Is subject to a fine of 51,000 per tree, or up to three itimes1 the marketable Commented [CL68]: Treble damages (3x) are allowed by value of each tree removed or damaged as determined by an ISA certified arborist, RCW 64.12.030. JI 3. Any fines paid as a result of violations of the Chapter shall be allocated as follows: 75% paid into the CitV's Tree Replacement Fund; 25% into to the General Fund. 4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 5, Penalties are in addition to the restoration of removed e4614t-040teFiolo trees through the remedial measures listed in TMC Section 18.54.200. 6. It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remediai$4easures. In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Tree Removal Permit and replacement with trees that meet or exceed the functional value of the removed trees, B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment shall be made into the Citv's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table B A. C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter. ; an d applicable Title E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to CL Page 21 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL69]: Remedial Measures from TMC 18.52.180, Enforcement and moved to be its own subsection. Items A and B are new; items C.— F. are existing text moved from TMC 18.54.180 D. Commented [CL70]: Revisions to TMC 18.45, the sensitive area regulations, will occur in 2018 and remedial measure for sensitive areas will be addressed there. DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions implement required remedial measures, the Director may redeem: all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this Chapter. 18.54.210440 Enforcement] A. General. In addition to the Notice of violation and Order measures prescribed in TMC Chapter 8 45„ the Director may take any or all of the enforcement actions prescribed in this Ord+ e•Chapter to ensure compliance with, and/or remedy a violation of this OrdineofeChapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Clearing -Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, Ak-or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Cleating Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Clearing Removal Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Injunctive relief. Whenever the Director has reasonable cause to believe that any person is violating or threatening to violate this Cehapter or any provision of an approved Tree Removal Eleaei+;g-Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this Cehapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property tef to ensure compliance with the provisions of a Tree Removal E4eatiFlg—Permit or this Cehapter, consistent with TMC 8.45:8•78, . 2. e ed-+aeeeesiiry by-EThe Director may require) final inspection as a fnditian ofFa bane- w4* - • Removal Permit issuance to ensure _.L mjliance wits, this Oapter iree+rnt'.. oat et -a CL Page 22 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL711: Existing text from TMC 18.54 that reflects revisions to the Enforcement section. 140 DRAFT TMC 18.54 TREE REGULATIONS Tukwila Tree and Environment Advisory Committee Revisions theme. The permit process is complete upon final approval by the Director. Cb Page 23 of 23 11/8/2017 9:13:50 AM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code Draft TMC 18.54 Staff and Advisory Committee edits Commented [CL72]: This section moved to become its own section see TMC 18.54.200 above. Commented [C1.73]: Moved to TMC 18.54.040 K & L Commented [CL74]: Duration of permit is addressed in TMC 18.54.130 C. Time limit is increased to one year. 142 CITY OF TUKWILA NOTICE OF APPLICATION PROJECT INFORMATION The City of Tukwila has filed land use, L17-0077 and SEPA application, E17-0015, for revisions to TMC 18.54, the City's tree code and TMC 18.06, Zoning Code definitions. The revisions to the tree code are to implement Comprehensive Plan goals and policies to increase tree canopy throughout the City, support the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit; regulate the protection of existing significant trees; prohibit removal of trees from undeveloped property; mitigate the effects of development on the environment; establish a Heritage Tree program; codify the City's Tree Replacement fund and establish penalties for violations of the tree code. The revisions to TMC 18.06 will add or revise definitions that relate to urban forestry and landscaping. Projects applied for include: L17-0077, Revisions to TMC 18.54 Tree Code and revisions to TMC 18.06, Definitions; and E17-0015, SEPA, environmental review. Other known required permits include: None This project is subject to the State Environmental Policy Act as a non -project action. FILES AVAILABLE FOR PUBLIC REVIEW The application is available for review at the City of Tukwila, Department of Community Development (DCD), located at 6300 Southcenter Blvd #100, Tukwila WA, 98188. A copy of the proposed revisions to the tree regulations and definitions is available in the November 16, 2017 Planning Commission packet on the City's website here: http://records.tukwilawa.gov/WebLink,Browse.aspx?startid=10154&row=1&dbid=1 . OPPORTUNITY FOR PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., Wednesday, November 30, 2017. There is additional opportunity for public comment at a public hearing before the Tukwila Planning Commission at 6:30 p.m. on December 14, 2017. The hearing will be held in the Tukwila City Council Chambers, 6200 Southcenter Blvd., Tukwila, WA 98188. APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431-3670. For further information on this proposal, contact Carol Lumb at (206) 431-3661, Carol.Lumb@tukwilawa.gov or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: November 1, 2017 Notice of Completeness Issued: November 1, 2017 Notice of Application Issued: November 15, 2017 SEPA Checklist CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Ste 100 Tukwila, WA 98188 Telephone: (206) 431-3670 SEPA Checklist SEPA ENVIRONMENTAL REVIEW APPLICATION FOR STAFF USE ONLY Permits Plus TYPE: P-SEPA Planner: Carol Lumb File Number: E17-0015 Application Complete Date: Project File Number: PL17-0064 Application Incomplete Date: Other File Numbers: L17-0017 NAME OF PROJECT/DEVELOPMENT: UPDATE OF TMC 18.51 hWG CODE BRIEF DESCRIPTION OF SCOPE OF WORK: REVISE THE TREE REGULATIONS FOUND IN TMC 18.54 THAT APPLY CITY-WIDE. . PUBLIC NOTICE PUBLISHED IN THE SEATTLE TIMES NOVEMBER 16, 2017. LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. City-wide LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). N/A DEVELOPMENT COORDINATOR/ PROJECT CONTACT: The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. PLEASE PRINT CLEARLY Name: City of Tukwila Dept. of Community Development, ATTN: Carol Lumb Address: 6300 Southcenter Blvd.. Suite 100 CITY, ST, ZIP Tukwila, WA 98188 Phone: 206-431-3661 E-mail: Carol.Lumb@Tukwilawa.gov Signature: Date: SEPA Checklist STATE ENVIRONMENTAL POLICY ACT CHECKLIST Please respond to all questions. Use separate sheets as necessary. Department of Ecology provides a guidance on filling the SEPA checklist at DOE Environmental Checklist Guidance A. BACKGROUND 1. Name of proposed project, if applicable: TMC 18.54 - Tukwila Tree Code Revision 2. Name of Applicant: City of Tukwila, Department of Community Development 3. Date checklist prepared: November 9, 2017 4. Agency requesting checklist: City of Tukwila 5. Proposed timing or schedule (including phasing, if applicable): Review by Planning Commission, November and December 2017; review and adoption by City Council, February/March 2018. 6. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Revisions to the tree regulations completes most of the City's work to implement the Comprehensive Plan goals and policies on Urban Forestry. Revisions were made in 2017 to the City's landscaping code. The remaining changes to regulations will involve revisions to the City's environmental regulations found in TMC 18.45, which will include incorporating tree protection. These revisions are planned for 2018. 7. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. No environmental information has been prepared for this project — the regulations apply to the protection of trees during construction projects, establish required replacement trees, and enforcement and violations procedures. The regulation will identify the number of trees that can be removed from single family residential sites without required tree replacement. SEPA Checklist 8. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None 9. List any government approvals or permits that will be needed for your proposal. Tukwila City Council approval 10. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. The proposal is to repeal most of the current tree code found in TMC 18.54 and replace it with new tree regulations. The major revisions include • A no -fee Tree Inventory Survey for the removal of 1-4 trees on a single-family property improved with a single-family dwelling in a 36-month period. This will allow the City to track the number of trees removed each year and to gauge whether the Comprehensive Plan goal of maintaining 47% tree canopy in single-family residential is being met. • No tree removal on vacant property prior to approval of a development proposal. • Removal of more than 4 trees in a 3-year period on properties zoned Low Density Residential and improved with a single-family home, would require a permit (fee required) and possibly an arborist's report, and replacement either on -site or payment into the tree fund. • As part of development, such as a short plat or subdivision, tree protection is required for trees proposed for retention. Trees that are removed must be replaced, using a sliding scale, based on the tree canopy lost. • Alterations may be required to the layout of development to preserve trees on -site. • Exceptional trees, those over 18-inches DBH, cannot be removed without an arborist report and a tree permit. Replacement at the appropriate ratio would be required. • A Heritage Tree program is proposed to recognize trees that are exceptional in size, species, or have historical significance to the community. The property owner must agree to the designation of a Heritage Tree for a tree on their property. • The violations section is expanded and monetary penalties are proposed for the removal of trees without a permit in addition to the requirement to replace removed trees. • The Tree Replacement Fund is codified and uses of funds specified. 11. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, the tax lot number, and section, township, and range. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. SEPA Checklist City-wide 12. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? No. Tree removal and maintenance in the City's sensitive areas will be regulated by upcoming revisions to TMC 18.45, the City's Sensitive Areas Ordinance. The City's shoreline regulations (found in TMC 18.44) will continue to apply to vegetation and tree management for sites within the 200-foot shoreline jurisdiction. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: N/A - This is a non -project action. Possible sites to be developed or redeveloped are located throughout the City with varying topography and soils. b. What is the steepest slope on the site (approximate percent slope)? N/A — Non -Project Action c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland and whether the proposal results in removing any of these soils. Varies d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N/A — Non -Project Action e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. N/A — Non -Project Action SEPA Checklist f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. N/A — Non -Project Action g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A — Non -Project Action h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: 2. Air N/A — Non -Project Action a. What types of emissions to the air would result from the proposal (for example, dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. N/A — Non -Project Action b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A — Non -Project Action c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A — Non -Project Action 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site SEPA Checklist (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. N/A — Non -Project Action 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A — Non -Project Action 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A — Non -Project Action 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. N/A — Non -Project Action 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. N/A — Non -Project Action 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A — Non -Project Action b. Ground: 1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well? Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. SEPA Checklist N/A — Non -Project Action 2. Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve: N/A — Non -Project Action c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow? Will this water flow into other waters? If so, describe. N/A — Non -Project Action 2. Could waste materials enter ground or surface waters? If so, generally describe. N/A — Non -Project Action 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. N/A — Non -Project Action d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts if any: N/A — Non -Project Action 4. Plants: N/A — Non -Project Action a. Check or circle types of vegetation found on the site: Deciduous tree: alder, maple, aspen, other Evergreen tree: fir, cedar, pine, other Shrubs Grass Pasture Crop or grain SEPA Checklist Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? N/A — Non -Project Action c. List threatened or endangered species known to be on or near the site. N/A — Non -Project Action d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N/A — Non -Project Action e. List all noxious weeds and invasive species known to be on or near the site. N/A — Non -Project Action 5. Animals a. List any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds: Hawk, heron, eagle, songbirds, other: Mammals: Deer, bear, elk, beaver, other: Fish: Bass, salmon, trout, herring, shellfish, other: Other: N/A — Non -Project Action b. List any threatened or endangered species known to be on or near the site. N/A — Non -Project Action c. Is the site part of a migration route? If so, explain. N/A — Non -Project Action SEPA Checklist d. Proposed measures to preserve or enhance wildlife, if any: N/A — Non -Project Action e. List any invasive animal species known to be on or near the site: N/A — Non -Project Action 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A — Non -Project Action b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. N/A — Non -Project Action c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A — Non -Project Action 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N/A — Non -Project Action 1.Describe any known or possible contamination at the site from present or past uses. N/A — Non -Project Action SEPA Checklist 2. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. N/A — Non -Project Action 3.Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. N/A — Non -Project Action 4. Describe special emergency services that might be required. N/A — Non -Project Action 5. Proposed measures to reduce or control environmental health hazards, if any: N/A — Non -Project Action b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A — Non -Project Action 2. What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. N/A — Non -Project Action 3. Proposed measures to reduce or control noise impacts, if any: N/A — Non -Project Action SEPA Checklist 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. N/A — Non -Project Action b. Has the project sire been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? N/A — Non -Project Action 1. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: N/A — Non -Project Action c. Describe any structures on the site. N/A — Non -Project Action d. Will any structures be demolished? If so, what? N/A — Non -Project Action e. What is the current zoning classification of the site? N/A — Non -Project Action f. What is the current comprehensive plan designation of the site? SEPA Checklist N/A — Non -Project Action g. If applicable, what is the current shoreline master program designation of the site? N/A — Non -Project Action h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. N/A — Non -Project Action i. Approximately how many people would reside or work in the completed project? N/A — Non -Project Action j. Approximately how many people would the completed project displace? N/A — Non -Project Action k. Proposed measures to avoid or reduce displacement impacts, if any: N/A — Non -Project Action 1. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: N/A — Non -Project Action m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: N/A — Non -Project Action SEPA Checklist 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? N/A — Non -Project Action b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. N/A — Non -Project Action c. Proposed measures to reduce or control housing impacts, if any: N/A — Non -Project Action 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N/A — Non -Project Action b. What views in the immediate vicinity would be altered or obstructed? N/A — Non -Project Action c. Proposed measures to reduce or control aesthetic impacts, if any: N/A — Non -Project Action 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A — Non -Project Action b. Could light or glare from the finished project be a safety hazard or interfere SEPA Checklist with views? N/A — Non -Project Action c. What existing off -site sources of light or glare may affect your proposal? N/A — Non -Project Action d. Proposed measures to reduce or control light and glare impacts, if any: N/A — Non -Project Action 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? N/A — Non -Project Action b. Would the proposed project displace any existing recreational uses? If so, describe. N/A — Non -Project Action c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A — Non -Project Action 13. Historic and Cultural Preservation a. Are there any buildings, structures, or sites located on or near the site that are over 45 years old listed in or eligible for listing in national, state or local preservation registers located on or near the site? If so, specifically describe. N/A — Non -Project Action SEPA Checklist b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation. This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. N/A — Non -Project Action c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. N/A — Non -Project Action d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. N/A — Non -Project Action 14. Transportation a. Identify public streets and highways serving the site or affected geographic area, and describe proposed access to the existing street system. Show on site plans, if any. N/A — Non -Project Action b. Is the site or affected geographic area currently served by public transit? If not, what is the approximate distance to the nearest transit stop? N/A — Non -Project Action c. How many parking spaces would the completed project or non -project proposal have? How many would the project eliminate? N/A — Non -Project Action SEPA Checklist d. Will the proposal require any new or improvements to existing roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). N/A — Non -Project Action e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A — Non -Project Action f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? N/A — Non -Project Action g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. N/A — Non -Project Action h. Proposed measures to reduce or control transportation impacts, if any: N/A — Non -Project Action 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. N/A — Non -Project Action b. Proposed measures to reduce or control direct impacts on public services, if any. N/A — Non -Project Action SEPA Checklist 16. Utilities a. Circle utilities currently available at the site: N/A — Non -Project Action electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system other: b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A — Non -Project Action NON -PROJECT PROPOSALS (E.G., SUBURBAN PLANS AND ZONING CODE TEXT CHANGES) MUST COMPLETE THE FOLLOWING PAGES). C. SUPPLEMENTAL SHEET FOR NON -PROJECT PROPOSALS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposals be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed action is to adopt new tree regulations that will regulate the removal of trees, tree protection during development, and tree replacement in certain circumstances. These new regulations implement Comprehensive Plan Goals 4.12 and 4.13 and policies 4.12.1, 4.12.3, 4.12.8, 4.13.1, 4.13.4, 4.13.and 4.13.7 to increase or maintain tree canopy throughout the City. The preservation or replacement of trees will have the benefit of improving air quality, decreasing storm water run-off, stabilizing the soil, and moderating the effects of wind and temperature. Proposed measures to avoid or reduce such increases are: SEPA Checklist N/A 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The proposed tree regulations will benefit wildlife outside of sensitive areas or the shoreline jurisdiction (those areas are regulated through TMC 18.45 and 18.44 respectively). The proposed tree regulations will promote the retention of tree canopy, which will provide habitat for small animals and birds. To the extent that the tree regulations reduce on -site erosion and reduce storm water flows, this will benefit marine life and fish. Proposed measures to protect or conserve plants, animals, fish, or marine life are: N/A —. Any project proposals for new or re -development will address impacts on existing plants, animals, fish or marine life. 3. How would the proposal be likely to deplete energy or natural resources? The proposed revisions to the tree code will not affect energy or natural resources except to the extent that additional tree canopy will reduce heat in the summer through the shade that is provided and divert stormwater run-off. Proposed measures to protect or conserve energy and natural resources are: N/A 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitats, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed revisions to the tree code will not affect environmentally sensitive areas; any site containing an environmentally sensitive area is subject to the City's sensitive area regulations, TMC 18.45 and/or the_ City's shoreline regulations, TMC 18.44. Proposed measures to protect such resources or to avoid or reduce impacts are: N/A SEPA Checklist 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Tree removal and protection in the shoreline jurisdiction is regulated in TMC 18.44 — the proposed tree regulations will not affect that area. The proposed revisions to the tree code will affect new or re -development primarily on residentially -zoned properties throughout the City by establishing protection of existing trees prior to and during development; minimizing the need for additional storm drainage facilities; ensuring tree replacement after removal to provide erosion control and to achieve canopy coverage goals; establish a Heritage Tree or Heritage Grove program to recognize trees with particular historical or cultural significance to the community; and establish procedures for penalties and violations of the tree code. The proposed tree regulations would allow the City to request rearrangement of development on a site to help preserve trees. The proposed tree regulations will not allow or encourage land uses incompatible with existing plans. Proposed measures to avoid or reduce shoreline and land use impacts are: N/A How would the proposal be likely to increase demands on transportation or public service and utilities? The proposed revisions to the tree code will not increase demand on transportation or public services and utilities. Proposed measures to reduce or respond to such demand(s) are: N/A 6. Identify, if possible, whether the proposal may conflict with Local, State, or Federal laws or requirements for the protection of the environment. The proposed revisions to the tree code will not conflict with other Tukwila ordinances, or State or Federal requirements related to the protection of the environment. D. SIGNATURE Under the penalty of perjury the above answers under ESA Screening Checklist and State Environmental Policy Act Checklist are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. SEPA Checklist Signature: Date Submitted: