HomeMy WebLinkAboutPermit L92-0078 - CITY OF TUKWILA - TREE ORDINANCEL92-0078
TREE ORDINANCE
CODE AMENDMENT
COMPREHENSIVE PLAN AMENDMENT
COMPREHENSIVE LAND USE AMENDMENT
:�
.,
M E M O R A N D U M
TO: Celia, City Clerk's Offic
FROM: Ann Siegenthaler, DCD
RE: INTERIM TREE ORDINANCE- -CITY COUNCIL PUBLIC HEARING
DATE: August 10, 1994
Please insert the following wording into your public notice for the
Interim Tree Ordinance. Thanks.
...that Tukwila City Council will hold a public
hearing...to consider:
reauthorization for 6 months of a revised Interim
Tree Ordinance. The existing Ordinance provides for
a permit process and standards for vegetation
clearing and planting in Sensitive Areas and the
Shoreline Zone. Amemdments are proposed, including
exemptions for small trees, clarification of
definitions and requirements for permit application
materials, the addition of alternatives for
retaining and replacing trees, and other amendments.
cc: File
8/2/94
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING INTERIM STANDARDS FOR TREE CLEARING AND
PLANTING AND DECLARING AN EMERGENCY
WHEREAS the City Council has generally determined that
standards for vegetation clearing and planting are necessary to
mitigate environmental consequences of land development, and to
maintain and improve the quality of Tukwila's urban environment;
and
WHEREAS significant additional time will be required to
complete adoption of a tree ordinance with comprehensive standards
for vegetation clearing and planting; and
WHEREAS the limited amount of vacant land remaining in Tukwila
may be cleared of vegetation in a manner which produces adverse
aesthetic and environmental impacts not envisioned in new
vegetation clearing and planting standards; and
WHEREAS the City Council finds that implementation of interim
tree clearing and planting standards is necessary to protect the
health and welfare of the City's residents; and
WHEREAS the standards and procedures contained in the attached
Interim Tree Ordinance reflect the minimum desired standards, and
could be used by the City in evaluation and approval of vegetation
clearing activities until a comprehensive tree ordinance is
adopted; and
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DO HEREBY ORDAIN AS FOLLOWS:
NOTE: The numbering system of the existing ordinance was revised
to accommodate this draft revised Ordinance, without changing the
substance of the existing provisions. Severability and Effective
Date sections are located at the end of the Ordinance.
SECTION I. ADOPTION AND APPLICABILITY
The attached Interim Tree Ordinance is hereby adopted, and shall
become binding as of the effective date of this Ordinance on all
properties subject in whole or in part to the Sensitive Areas
Overlay Zone and `' ;re el''„ ;;.. of Tukwila Municipal cipal Code
Chapter 18.45`
8/2/94
Page 2
SECTION II. FUTURE ADOPTION OF CODIFIED TREE ORDINANCE
The Department of Community Development is instructed to prepare
and present a codified tree ordinance ' ?' , W.. t.}• ijr:, ):• }. Y "
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SECTION III. FEE
The City shall collect a fee of $25.00 for processing a Tree
Clearing Permit, except as noted in Section 6.5.
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SECTION IV. TITLE, PURPOSE, SCOPE AND DEFINITIONS.
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4.2 PURPOSE
This Ordinance is adopted to:
A. Mitigate certain environmental consequences of
land development, and to maintain and improve
the quality of Tukwila's urban environment.
B. To promote building and site planning practices
that are responsive to the community's natural
environment, without preventing reasonable
development of land.
C. Regulate clearing of trees and understory
vegetation in the City of Tukwila in order to:
1. Maintain and enhance the aesthetic,
ecological and economic benefits,
provided by vegetation, such as:
a. providing wildlife habitat;
b. reducing runoff and soil erosion;
c. reducing air pollution;
d. masking noise;
e. reducing wind speed and urban "wind
tunnels;"
f. energy conservation, cooling of urban
centers;
g.
h.
increasing real property values;
enhancing visual and aesthetic
qualities of the urban environment.
2. Maintain the viability of existing stands
of trees and understory vegetation.
3. Promote retention of native
vegetation in Sensitive Areas and
their Buffers, Shoreline areas and
wildlife habitat areas.
D. Provide a means to implement the requirements
of Tukwila's Sensitive Areas Ordinance relative
to vegetation removal in Sensitive Areas and
Sensitive Area Buffers.
4.3 SCOPE
This Ordinance sets forth rules and regulations to
control clearing of trees and understory vegetation
within the City of Tukwila.
4.4 DEFINITIONS
The following definitions shall be used in the
administration of this Ordinance:
Applicant - Any person proposing to engage in or engaged
in any clearing of trees or understory vegetation within
the city limits of Tukwila.
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ra;geinent
8/2/94
Page. 3
8/2/94
Page 4
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NOTE: This definition clarifies a term commonly used in the
industry, but not familiar to the layperson.
Caliper - American Association of Nurserymen standard for
measurement of trunk size of nursery stock. Caliper of
the trunk shall be taken 6 inches above the ground.
encirc
Lam,, �,u�. ti�����••
t: hof
rig the "'base of a tree, ��;,e'��iai<:v:x<;r>
delineated by a vertical line extending from the
outer mit of a tree's branch tips down to the ground.
- An area
NOTE: The term "canopy" was previously used interchangeably with
the term "dripline." The terms have been combined under
"canopy."
The term "minimum extent" is used to convey the idea that the
exact outline of the tree canopy need not be shown on plans, but
that at least the outer extent should be shown.
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Certified arborist - An arborist certified by the
International Society of Arboriculture or National
Arborist Association.
8/2/94
Page 5
Clearing - 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.
Diameter /Diameter- breast - height (d.b.h.) - The diameter
of any tree trunk, measured at 4 -1/2 feet above average
grade.
Director - The Director of the City of Tukwila Dept. of
Community Development or his /her designee. The Director
is the responsible Administrative Officer of this
Ordinance, with the authority to establish regulations
and procedures to carry out the intent of this Ordinance.
Essential root zone - The area located on the ground
between the tree trunk and 10' beyond the dripline
Filling - The act of transporting or placing (by any
manner or mechanism) fill material from, to, or on any
soil surface, natural vegetative covering of soil
surface, or fill material (including temporary stock-
piling of fill material).
Grading - Any excavating, filling, clearing, or the
creation of impervious surface, or any combination
thereof, which alters the existing surface of the earth.
Groundcover - Trees, shrubs and any other plants or
natural vegetation which covers or shades in whole or in
part the earth's surface.
Hazardous tree - A tree with a structural defect or
disease, or which impedes safe vision or traffic flow, or
otherwise currently poses a threat to life or property.
Land - Altering activity - Any activity that results in
change of the natural cover or topography, as defined in
the City of Tukwila Land - Altering Ordinance (No. 1591).
Land - Altering Permit - A permit for land- altering
activity issued by the City of Tukwila pursuant to the
Land - Altering Ordinance (No. 1591).
8/2/94
Page 6
Landscape plan - see Plan.
awar
NOTE: The ordinance places greater importance on trees located
close to the river than on trees located elsewhere within the
200' shoreline zone. This definition clarifies what is meant by
"near" the river.
Mean high water mark - A line approximately parallel to
the river channel which marks the elevation of the
surface of the Green; /D am s : River waters, when he
Mitigation plan - see Plan.
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NOTE: Tukwila's shoreline zone south of the 42nd Avenue bridge
is based on the Mean High Water Mark. North of 42nd, King County
shorelines regulations apply, which are based on the Ordinary
High Water Mark. Until a new shoreline master program is
adopted, the definition of "shoreline" must include the Ordinary
High Water Mark.
Person - Any legal entity recognized by the State of
Washington for the purpose of assigning legal
responsibility, to include, but not limited to:
individuals, partnerships, firms, associations,
commissions, boards, utilities, institutions, and
estates.
8/2/94
Page 7
Plan - A sketch, survey or other drawing, photograph or
similar document which may be a part of the set of permit
drawings or construction documents, and which contains
information related to vegetation clearing and planting,
sufficient for the Director to make a final permit
decision.
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Protected tree /protected vegetation - A tree or area of
understory vegetation identified on an approved Tree
Re t-ent±orn Purr r afid'ca is P an to be retained and
protected during construction.
Protection measure - A 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.
Protective fencing - A temporary fence or other
structural barrier installed to prevent permitted
clearing or construction activity from adversely
affecting vegetation which is approved for retention in
a Tree Clearing Permit.
Sensitive Area and Sensitive Area Buffer - Wetlands,
watercourses, landslide hazard areas and abandoned coal
mines and their buffers as designated or defined now or
hereafter in the Sensitive Areas Ordinance.
Sensitive Areas Ordinance-- City of Tukwila Ordinance No.
1599 (Chapter 18.45 o s €<<a ende`d` >ker a> -G which
establishes standards�for' land development on lots with
sensitive areas (e.g. steep slopes, wetlands,
watercourses, etc.).
Shoreline Zone - An overlay zone established by Chapter
18.44 extending from the mean high water mark of the
Green /Duwamish River for 200 feet landward; or»
ord na :. tigh : ra er;«::znark;:: a n areas> of ' ukw a» w.h re C`a z.
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8/2/94
Page 8
NOTE: The previous ordinance did not distinguish between sizes
of trees. This Ordinance introduces the concept of focusing
retention and replanting efforts on larger trees (see notes under
"Exemptions" section).
Site - Any legally defined section of real property,
whose boundaries are recorded for purposes of assessing
taxes with the county Assessor's Office, where vegetation
clearing activities are proposed or have occurred.
Site plan - see Plan
Tree - Any self- supporting woody plant, characterized by
one main trunk, with a potential diameter- breast - height
of two (2) inches and potential minimum height of ten
(10) feet.
NOTE: "Tree Clearing Permit" was used throughout the original
ordinance; this definition clarifies the term.
Understory vegetation - Small trees, shrubs, and
groundcover plants, growing beneath and shaded by the
'ee which affect and
are affected by the soil and "hydrology of the area
tree roots.
surrounding the main igi a
Vegetation - Living trees, shrubs or groundcover plants.
SECTION V. EXEMPTIONS
The following activities are exempt from the application
of this Ordinance and do not require a Tree Clearing
Permit:
8/2/94
Page 9
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.
B. On sites within a Sensitive Area, or Sensitive. Area
Buffer, or Shoreline Zone:
1. Clearing of up to 4 s #:a: trees on a site
currently zoned and developed` for single family
residential use within any thirty -six (36)-
month period; UNLESS the significant trees to
be removed are located in a wetland, ztr-eft
or within the Shoreline
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8/2/94
Page 10
NOTE: A careful reading of the previous ordinance shows that it
did not exempt clearing of shrubs and groundcover within a
Sensitive Area, Sensitive Area Buffer or within the Shoreline
Zone. One of the purposes of the Tree Ordinance was to establish
permitting procedures for implementing SAO. This revision
clarifies that the Ordinance applies to all vegetation removal in
those areas.
The Ordinance elsewhere refers to vegetation removal in all
Sensitive Areas, Sensitive Area Buffers and Shoreline Zone. This
revision makes the Exemptions section consistent with
requirements for permit materials, tree protection and
replacement.
This revision exempts all trees under 4" in diameter from permit
requirements. The previous ordinance required a permit for trees
under 4" but did not require that those smaller trees be
replaced. A disadvantage in this approach is that many small
trees could be cleared without a permit or replacement.
However, there are good reasons for addressing only "significant"
trees. Wholesale clearing is restricted by the SAO, SERA and
Shorelines. regulations. Citizens have commented that a 1"
sapling (which meets the biological definition of a "tree ") does
not merit the same level of concern as a 36" specimen tree.
Saving small trees may be counter- productive, particularly when a
1" sapling can be replaced with a 2 -1/2" new tree. Using the
term "significant" tree clarifies what trees are of greatest
concern. It also allows more flexibility for development, while
maintaining the same tree replacement standards. The definition
of "significant" tree can be modified to any size, such as 2
inches or 6 inches.
3. Removal of hazardous trees.
4. 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 Chapter 8.28 (Nuisances).
5. Vegetation removal necessary to the
operation of an established Christmas
tree farm or commercial plant
nursery.
6. Construction and maintenance of
streets and utilities within City -
approved right -of -ways and easements.
SECTION VI. GENERAL PERMIT PROVISIONS
8/2/94
Page 11
6.1 MANDATORY STANDARDS
All removal of Jaa`gz`:'an trees and understory
vegetation shall be undertaken in accordance with the
mandatory standards specified in Section VI of this
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Ordinance, exceg s k prow ded in Sec ton b .: ; ::: 7a.sxre to
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NOTE: Having "mandatory" standards can be confusing when these
standards can be waived. This revision clarifies the
relationship between mandatory standards and other sections.
6.2 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 Section V of this Ordinance.
6.3 PERMIT APPLICATION MATERIALS
The following materials are required to obtain a Tree
Clearing Permit:
A. Site Plan of the proposal showing:
1. Dripline, De? species name and
location off` +ex st ng trees- 4 -"-i-n
:..rysf ca�iit' tree
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in relation to proposed and existing
structures and utility lines;
2.
tees to'`
all 5_ »:,:;<_, -'
z` "`removed and %or' relocated;
3. Existing and proposed topography of
the site at two foot contour
intervals;
4. Limits of any Sensitive Area and
Sensitive Area buffer, and mean high
water mark or cxr i n`a r<" a qh as er
}c of the river,
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8/2/94
Page 12
B. Landscape Plan for the proposal showing:
1.
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f10 a n 'ryof replacement
trees to be used to
replace vegetation cleared;
2. T1ii31:t'3G, species name and location
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of alb trees and
vegetation to be retained;
3. Proposed vegetation protection
measures;
4. Any other measures proposed to
restore the environmental and
aesthetic benefits previously
provided by on -site vegetation.
NOTE: Permits can be expedited with more specific requirements .
for drawings. These requirements are similar to those required
on other permit drawings.
The term "significant" tree replaces "trees 4" in diameter,"
and makes this section more consistent with the Exemptions
section.
C. 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, 7ureyor or certified
arborist. Services may +include, but are not
limited to:
1. Providing a written evaluation of the
anticipated effects of proposed
construction on the viability of
trees on site; and /or
2. Developing plans for, supervising,
and /or monitoring
implementation of any required tree
protection or replacement measures;
and /or
3. Post- construction site inspection and
evaluation.
8/2/94
Page 13
NOTE: Depending upon the location of tree clearing, it may be
necessary to show on permit plans the exact location of a
sensitive area or shoreline zone. It is currently a
requirement for development projects in the Sensitive Areas
Ordinance and shoreline regulations. An exact location
requires a surveyor.
D. Sensitive Area Mitigation Plan
Identify measures proposed for mitigation of
vegetation clearing in a Sensitive Area and /or
its Buffer per the Sensitive Areas Ordinance.
E. Time schedule
Proposed time schedule of vegetation removal,
relocation and /or replacement, and other
construction activities which may affect on-
site vegetation, M`:UHi..iv , +: N.Wi.r{ ? +..A' ;. \o•:ry•..y }.'v \::. vby ;: + ^+:N }:�tM, :!•:
ir3 >w$}J:•5#.t„j.�.;
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F. 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 requirements of
this
O rdinance! ;r :...,: ... : __%.}• _;...:.q..' ,. a \._, �v V: ior to ro. Y}vw t. e c t
public or private "property`: �h`VThese conditions
may include, but are not limited to: hours or
seasons within which work may be conducted, or
specific work methods.
8/2/94
Page 14
6.4 WAIVER TO PERMIT MATERIALS
The Director may waive o .4.:or fr the requirement for any
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or all plans or permit materials p C r ep ibi<°.
upon finding that the information on the application is
sufficient to demonstrate that the proposed work will
meet the approval criteria under Section 6.8 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.
NOTE: Permit reviews have shown that requiring, for example, a
topographic survey for a flat site, or a landscape architect
for a residential plan is not necessary. This section provides
the flexibility to respond to various site and project
conditions.
6.5 APPLICATION FEE
A. 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 Ordinance. The application fee shall be
established, and may be amended, by the City
Council.
B. FEE EXCEPTION: No fee shall be required for
vegetation clearing associated with land -
altering activity approved under a Land -
Altering Permit.
6.6 INSURANCE
A. In addition to any conditions specified
pursuant to Section 6.3, 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.
8/2/94
Page 15
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; and 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.
6.7 SECURITY
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 means of security
acceptable to the City. The following provisions shall
apply in instances where such securities are required:
A. The required security shall be submitted prior
to the issuance of a Tree Clearing Permit.
B. 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
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NOTE: This clarifies that "replacement plants" means plants
which meet the size and quality standards of this Ordinance,
not of the applicant.
8/2/94
Page 16
C. 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.
D. Securities provided in accordance with this
Ordinance 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 Ordinance.
6.8 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.
NOTE: The Permit Approval Criteria section has been reorganized
to more clearly place the highest priority on tree retention and
measures to protect trees. Where trees cannot be saved, the
applicant must demonstrate adequate replacement (see Tree
Replacement section below). Consideration of "project
feasibility or reasonable use" in evaluation of tree retention is
addressed in the opening paragraph of Section.6.8.
reqtrisements=
•
.
8/2/94
Page 17
NOTE: Experience with permits has shown that saving and
replacing trees based on canopy cover can be cumbersome for
applicants, and add to permit review time. Most applicants,
developers, and surveyors think in terms of individual trees at
certain sizes. Numbers of individual trees translate more easily
than "canopy cover" into costs for purchasing or bonding for
trees.
Staff proposes that the "canopy cover" system be replaced by a
ratio system. The ratio system specifies the number of
replacement trees required for an existing tree of a particular
size (see Tree Replacement, Section C, below). In the proposed
system, the number of required replacement trees is derived by
considering how much canopy cover was lost. Rather than
requiring that all trees be replaced in every case, the ratio
system establishes a final "ceiling" for tree density on a site.
[The "canopy cover" system in the previous ordinance also had a
tree density ceiling (i.e. 20% final canopy cover).]
A drawback of this system is that it can be cumbersome for an
undeveloped site with dense stands of trees and understory. For
such a site, getting access to and surveying each tree could be
prohibitively expensive. To provide some flexibility for
applicants, staff recommends that the Director be given the
discretion to allow a "canopy cover" approach in these cases (see
NOTES under "Exceptions ").
A. TREE RETENTION
. ••
•
Site improvements shall be
designed and constructedoan<as:<
"to meet
the following criteria:
1. Priority shall be given to retention
of existing stands of trees, trees -i-rr
at site
perimeter, trees
as .?0i.:...•.;•M � •fi: •:;:;J:;� w•: 0 0w0,00:.: >:;rrss
mature trees.
8/2/94
Page 18
NOTE: References to the shoreline and sensitive areas have
been added. This reinforces one of the Ordinance's purposes,
which is to protect sensitive areas and shorelines.
2. All understory vegetation within the
essential root zone of protected
trees shall be:
a) retained; OR
b) removed by manual methods which are
non - damaging to the tree, and
replaced with plants of similar
.V.
:M.IYIV: .v.... Wre.
'v iv is •. Xv:itiviiL:tittiJ:4i;4i:•;i : i JJJiiiviX•:ri4• Ali:.!! iiiNe: ii•' r: JJJ :4:•:4•iriviJ:4::4:L)::v.{•Y.4: riJ:S;wN
NOTE: This revision provides an applicant more alternatives in
landscaping while meeting the goal of tree protection.
3. Vegetation. removal shall be
undertaken in such a manner as to
preserve, to the degree possible, the
aesthetic and ecological benefits
provided by #00 vegetation.
B. TREE PROTECTION MEASURES
1.
The proposal shall include zuffic_ n
s <> 114, O a
tsdds ><<
tom:_._•__•- . «..:.:.:.�0:2:::.:.:•:.,
viability of
protectedYtrees and other vegetation
identified for retention pursuant to
Sections 6.8 (A), B an `C , and
to
protect any Sens itive "` Area,' °' its
8/2/94
Page 19
NOTE: These revisions are intended to simplify and clarify
this section.
2.
all protected trees and
vegetation a___ __-- ^ ___5 _ -_ . - _—
shall be
surrounded by protective fencing
which prevents adverse impacts
associated with clearing from
intruding
NOTE: Wording in the original ordinance could be construed as
requiring permanent fencing around protected areas. This
revision clarifies that the intent is to protect all "retained"
vegetation for the duration of construction activity, in all
areas which were designated for protection on approved plans.
8/2/94
Page 20
NOTE: This provision provides a reasonable limit for the
number of replacement trees, so that a site is not overplanted
beyond its ability to support healthy trees. This also means
that heavily -treed sites can be reasonably developed. The 70-
tree maximum (.0016 trees per square foot) is based on a
scenario of total clearing of a 1 -acre site, and replanting 50%
of the site in new trees. For ease of calculation, each "new"
trees is assumed to have a canopy of 314 s.f. (or, a 10' canopy
radius).
•r:fn:. • n n••••••
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f i Areli b:iTet
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3. Prior to any vegetation removal, the
applicant shall demonstrate through a
Landscape Plan, Sensitive Area
Mitigation Plan or other materials
required per Section 6.3 that tree replacement will meet the
foll'owing minimum standards:
a. Minimum sizes shall be: 2 -1/2 -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.
b. Replacement plants shall meet current
American Association of Nurserymen
standards for nursery stock;
c. 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.
8/2/94
Page 21
NOTE: One of the purposes of the Ordinance is to provide
predictable permitting for projects affected by SAO. Vegetation
replacement provisions of SAO (e.g. replace with native
species) will apply to tree clearing projects. This section
provides replacement standards for shrubs and groundcover which
are not provided elsewhere.
E. 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.
F. 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.
6.9 EXCEPTIONS
A. The Director may grant exceptions from the
requirements of this ordinance when undue
hardship may be created by strict compliance
with the provisions of this ordinance. Any
authorization for exception may prescribe
conditions deemed necessary or desirable for
the public interest, or necessary to meet the
intent of this Ordinance.
B. An exception to this Ordinance shall not be
granted unless all of the following criteria
are met:
1. Strict compliance with the provisions
of this code may jeopardize project
feasibility or reasonable use of
property.
2. Proposed vegetation removal,
replacement, and any mitigative
measures proposed, are consistent
with the purpose and intent of this
Ordinance given in Section 4.2.
3. The granting of the exception or
standard reduction will not be
detrimental to the public welfare or
injurious to other property in the
vicinity.
C. In addition to the above criteria, the Director
may also consider any of the following as a
basis for granting an exception request:
1. The recommendation of a certified
arborist supports the exception.
2.
MM
Fez
•
ees off-site trze
planting furthers the goals of this
Ordinance and other City policies.
8/2/94
Page 22
NOTE: This clarifies when off -site tree planting may be
allowed.
•
' >_ •.:heel
thi nance.
NOTE: It was clear from permit reviews that some projects
warrant smaller -sized replacement trees. For example, a 6 -8'
Douglas -fir may not survive harsh site conditions as well as a
4' fir. However, to keep with the intent of the Ordinance,
more of the smaller trees may be required.
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J.t \t•• : +J:: }:••:• ti•' n4: 4: ii4' f. GK%:< SlK :i:%•QiiW }!.• } } %iivtJ.• } }j. {:•: t4} Sii4'•} }: %{i >:iiri•:v ? }:iiiJ:Ti:GT:KJv
•
:r.Y :�Y{.Nj.{v.S� }':nor: ,� :ivvYr{, r:;:: {th�•.]h';l.• •
:: J:.: twN: w.•. w,.:.:}:: aw :tJ:� }::tt•:.:arv:v;.J:actu::t
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A.G'+:iNJ'ri;: :.•:i' };;q.Pubriv.2tt• }:.tJ }:Jkn'•i: T:JN•iiv+:t }r$Yw.•riX;'Ji:;v
8/2/94
Page 23
NOTE: As noted under Tree Replacement, Section 6.8, some site
conditions may warrant an exception to the proposed tree
replacement method. This revision provides the flexibility to
respond to different site and project conditions.
D. .EXCEPTION PROCEDURES
An application for any exception from this
ordinance shall be submitted in writing by the
property owner to the Director, and shall
accompany the application for a Tree Remflva1
Permit. Such application lication 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.
6.10 PERMIT PROCESSING AND DURATION
A. If the proposed vegetation clearing and permit
application meet the requirements of Sections
6.3 through 6.9, the Director shall approve the
application and issue the Tree Clearing Permit.
8/2/94
Page 24
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.
6.11 PERMIT CONFORMANCE
A. PLAN CONFORMANCE
All work must be performed in accordance with
approved Permit plans specified in Section 6.3
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 right -of -ways 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 good
healthy condition by the site."-s- property owner
throughout the life of the project, :zn .ees
NOTE: This revisions gives a property owner the flexibility in
the future to modify landscaping or site plans, while providing
for long -term protection of "saved" trees.
SECTION VII. VIOLATIONS AND ENFORCEMENT
7.1 VIOLATIONS
The following clearing actions
violations of this Ordinance:
shall be considered
approv
8/2/94
Page 25
ist1tt to
NOTE: This simplifies this section. It also clarifies that an
action other than unauthorized clearing, such as failure to
maintain replacement trees, also constitutes a violation, if it
conflicts with the Ordinance. As noted in the "Penalties"
section of the original ordinance, each tree removed
constitutes a violation.
7.2 ENFORCEMENT
• e ` Director may take an or a
... Director may Y
the 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.
NOTE: The de- criminalization of violations was established by
Ordinance 1671, adopted in 1993. All provisions of that
Ordinance (codified as Chapter 8.45, Civil Violations) apply.
8/2/94
Page 26
A. 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.
B. 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.
C. 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.
D. INSPECTION ACCESS
1.
`or' "the' "'purpose�''o inspection' fof
compliance with the provisions of a
permit or this Ordinance, authorizer}
CH
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.
G. REMEDIAL MEASURES REQUIRED
In addition to penalties provided for in
Section 8.2, the Director may require any
person conducting vegetation clearing in
violation of this Ordinance to mitigate the
impacts of clearing by carrying out remedial
8/2/94
Page 27
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
Sections 6.1 through 6.7.
2. Remedial measures must conform to the
purposes and intent of this
Ordinance. In addition, remedial
measures must meet the standards
specified in Sections 6.8, 6.10, and
6.11, applicable standards for
mitigation outlined in the Sensitive
Areas Ordinance.
3. The cost of any remedial measures
necessary to correct violation(s) of
this Ordinance 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 Section 6.7.
SECTION XIII. GENERAL ADMINISTRATIVE PROVISIONS
8.1 LIABILITY.
A. Liability for any adverse impacts or damages
resulting from work performed in accordance
with a Tree Removal C1:eg 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 under
Section 6.6.
8/2/94
Page 28
C. Nothing contained in this Ordinance 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
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.
8.2 PENALTIES
contractor, subcontractor, person with res
any --vt ge.L son .
8/2/94
Page 29
NOTE: The provisions of the new de-criminalization code
supersede previous Tree Ordinance provisions.
• l•
or threatening to violate this Ordinance o
rtrie-or-other-provisioarb adupted or 10.sued
•
Ordinance, institute a civil action
any
in the name
of the City for injunctive relief to restrain
action shall be brought in King County Superior
party to such proceedings from any civil or
thi$ Ordinance.
NOTE: These two sections are unnecessary. The Zoning Code
already provides for "other legal or equitable remedies as may
be available to prevent or remedy any violation" in Section
18.96.120.
approve, disapprove or condition a properly filed
application for a Tree Clearing Permit revocation or •
8/2/94
Page 30
NOTE: This section is unnecessary. The process for an
appealing a decision or interpretation of the Director is
already established in the Zoning Code (Section 18.90.010).
The process for appealing a decision of the Director acting in
the capacity of enforcement officer is established in Section
8.45.060.
8.6 OTHER LAWS
A. Whenever conflicts exist between this Ordinance
and federal, state or local laws, ordinances or
regulations, the more restrictive provisions
shall apply.
B. Neither this Ordinance 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.
SECTION IX. SEVERABILITY
If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect
the validity or constitutionality of this Ordinance as a
whole, or any other section, provision, or part thereof
not adjudicated to be invalid or unconstitutional and its
application to other persons . or circumstances shall not
be affected.
8/2/94
Page 31
SECTION X. EFFECTIVE DATE
The City Council finds that a public emergency exists necessary for
the protection of the public health, public safety, public property
or public peace. Accordingly, 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 immediately after passage as
provided by law.
sa
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this day of in the year of
John W. Rants, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Filed with the City Clerk:
Passed by the City Council:
Ordinance No.
MEMO
To: Ann Siegenthaler
From: Diana Painter
Subject: Tree Preservation Ordinance
Date: July 18, 1994
Ann - The following are notes I made on the Tree Preservation ordinance when I was implementing it in
conjunction with the GT Development project. Some of the following are my suggestions, some are from
the landscape architect on the project.
1. Make the criteria for landscape plants (size of shrubs, caliper of trees) the same for the landscape
ordinance and the replacement vegetation under the tree preservation ordinance (I realize that
this requires amending the landscape ordinance, which isn't specific, rather than amending the
tree preservation ordinance per se).
2. Stipulate the criteria for replacement of canopy, ie time frame or number of trees of a certain size
at planting. The criteria I've worked with in the past is: replace the canopy with equivalent
plantings such that the replacement trees will provide for a canopy equal to trees to be removed
within ten years, given normal growth conditions.
The landscape architect suggested replacement of three trees (or whatever number is decided
on) for every mature tree to be removed. He said that using a criteria such as this is helpful
because it is easier to justify the number of trees needed to clients.
3. Suggestion:
Have different criteria for replacement based on different conditions. The purpose of this would
be to 'beef up' our ordinance in areas it currently doesn't cover, and provide criteria that would
provide some planting guidelines for site specific conditions.
For example, under ordinary circumstances, replacement requirements would be 'x' In sensitive
areas such as hillsides, shorelines, or where vegetation is needed to buffer a trail or other
community resource, have the criteria be "xx.' Where existing trees have 'contiguous' canopies
and have habitat value, require `xxx` in such a way that urban corridors (as defined under GMA)
and vegetation with habitat value is replaced.
For example, there was nothing in the ordinance, in the case of GT, that prevented them from
taking trees out within the shoreline zone and replacing them on another part of the site that
wasn't nearly as sensitive. Although we can say something about this through the design review
process, our ordinance would be stronger if we had a policy or regulation addressing this issue
in the tree preservation code itself.
4. Permit application materials:
o Note species and caliper of trees of 4' caliper or larger, as well as dripline.
o Say that you need to show all trees of 4' caliper or larger, and then note the trees which
are to be removed and /or relocated. We might ask them to show all trees 4' or larger,
and then differentiate between those to be removed or relocated, and those to be
retained, with graphic symbols (ie dashed line vs. solid line, or equivalent).
o Note as a separate requirement that trees are to be shown at scale in relationship to
existing and proposed buildings, utilities, and any significant site features.
' a:'.L7.•; 2.i +ric+t,:
,yaroutoroteit.O.rsIngeek,WANPtimt,aottOis.1,114”/AVAftaknewr.bxter,lar..rek,o.etv*YtitKiSIAMI'js. mx
o Instead of having section on professional review, require that site plan and landscape
plan be prepared by a registered landscape architect or certified arborist, then say under
submittals that they may submit any support material necessary to assure the City that
the proposals can be carried out and maintained for the life of the project, or whatever
time frame you choose (ie I don't think it contributes much to say that a narrative
prepared by a professional is required, but I do think we want the proposal substantiated
by a licensed individual).
5. Applicant security required:
I assume that the security is to be provided in case the applicant does a lousy job of clearing their
trees, and doesn't retain or save the trees they said they would. But when it says, security which
is not authorized' it brings up the question of security for sites in which the applicant didn't apply
for a tree permit at all, and should have. Not clear.
6. Permit exceptions:
Related to above questions, it is not clear whether exceptions are exception from the standards
and criteria of the chapter, or exceptions from applying for a Tree Clearing Permit altogether.
Does this and the above provision cover both situations? We should make clear.
7. Violations:
Again, it would seem to me that there are two types of violations:
(1) They should have applied for a tree clearing permit and didn't.
(2) They applied for a permit but didn't comply with the provisions of the ordinance (this is
related to not clearing in accordance with plans, because presumably any plan that gets
approved is in compliance with the ordinance).
So actually, with respect to (1) in the ordinance, it's not that they weren't authorized under a Tree
Clearing Permit, they were not authorized to clear according to the Tree Regulation chapter.
See other notes on attached ordinance.
cc Jack Pace
TITLE 18 — ZONING
Sections:
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
18.54.220
18.54.230
18.54.240
Chapter 18.54
TREE REGULATIONS
Purpose.
Scope.
Definitions.
Permit - exemptions.
Permit - mandatory standards.
Permit required.
Permit application materials.
Waiver to permit materials.
Permit application fee.
Applicant insurance required.
Applicant security required.
Permit approval criteria.
Permit exemptions.
Permit processing and duration.
Permit conformance.
Violations.
Enforcement.
Liability.
Penalties.
Injunctive relief.
Abatement.
Appeals.
Conflicts with existing codes and
ordinances.
Severability.
18.54.010 Purpose.
This purpose of this chapter is to:
(1) Mitigate certain environmental conse-
quences of land development, and to maintain and
improve the quality of Tukwila's urban environment.
(2) Promote building and site planning prac-
tices that are responsive to the community's natural
environment, without preventing reasonable devel-
opment 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 vegeta-
tion, such as:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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 environ-
ment.
(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 TMC 18.45, Sensitive Areas Overlay,
Zone, relative to vegetation removal in sensitive areas
and their buffers:
(Ord 1659 §1, 1993)
18.54.020 Scope.
This chapter sets forth rules and regulations to
control clearing of trees and understory vegetation
within the City of Tukwila.
(Ord 1659 §1, 1993)
18.54.030 Definitions.
The following definitions shall be used in the
administration of this chapter:
(1) Applicant — Any person proposing to en-
gage in or engaged in any clearing of trees or under-
story vegetation within the city limits of Tukwila.
(2) Caliper — American Association of Nur-
serymen standard for measurement of trunk size of
nursery stock. Caliper of the trunk shall be taken 6
inches above the ground.
(3) Certified arborlst — An arborist certified by
the International Society of Arboriculture or National
Arborist Association.
(4) Clearing — 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, grad-
ing, or trenching in the root area of a tree which has the
potential to cause irreversible damage to the tree.
(5) Diameter- breast - height (d.b.h.) — The
diameter of any tree trunk, measured at 4-1/2 feet
above average grade.
(6) Director — The Director of the City of
Tukwila Department of Community Development or
his /her designee. The Director is the responsible
administrative officer of this chapter, with the authority
to establish regulations and procedures to carry out the
intent herein.
(7) Drlpl/n6 - An area encircling the base �f a
tree, delineated by a vertical line extending from the
outer limit of a tree's branch tips down to the ground.
(8) Essential root zone — The area located on
the ground between the tree trunk and 10 feet beyond
the drip line.
(9) Excavation — The mechanical digging or
removal of earth material.
(10) Filling— The act of transporting or placing
(by any manner or mechanism) fill material from, to,
or on any soil surface, natural vegetative covering of
Printed August 4, 1993
Page 18-65
TUKWILA MUNICIPAL CODE
soil surface, or fill material (including temporary stock-
piling of fill material).
(11) Grading — Any excavating, filling, clear-
ing, or the creation of impervious surface, or any com-
bination thereof, which alters the existing surface of
the earth. ... -. -. • - - - --
(12) Groundcover — Trees, shrubs and any .
other plants or natural vegetation which covers or
shades in whole or in part the earth's surface.
(1 3)—Hazardous-"tree = A tree with a - structural
defect or disease, or which impedes safe vision or
traffic flow, or otherwise currently poses a threat to life
or property.
(14) Land - altering activity — Any activity that
results in change of the natural cover or topography, as
defined in TMC 16.54, Land Altering.
(15) Land - Altering Permit— A permit for land -
altering activity issued by the City of Tukwila pursuant
to TMC 16.54, Land Altering.
(16) Landscape plan — see 18.54.030(20).
. (17) Mean high water mark — A line approx-
imately parallel to the river channel .which marks the
elevation. of the surface of the Green River waters
when the discharge rate at the U.S. Geological Survey
Stream Gauging Station, Green River .near Auburn
(121130) is 9,000 cubic feet per second, and as deter-
mined
by maps on file with the Tukwila City Clerk.
(18) Mitigation plan— see 18.54.030(20).
(19) Person — Any legal entity recognized by,
the State of Washington for the purpose of assigning
legal responsibility, to include - but not limited to - indi-
viduals, partnerships, firms, associations, commissions,
boards, utilities, institutions, and estates.
(20) Plan — A sketch, survey or other draw-
ing, photograph or similar document which may be a
part of the set of permit drawings or construction
documents, and which contains information related to
vegetation clearing and sufficient for the Director to
make a final permit decision.
(21) Protected tree /protected vegetation — A
tree or area of understory vegetation identified on an
approved fTree6 RetentionPlan ?to be retained and pro-
tected during construction." Not, ye v- evu:ci
(22) Protection measure — A practice or com-
bination of practices (e.g. construction barriers, protec-
tive fencing, tree wells, etc.) used to control construc-
tion or development activity, where such activity may
impact vegetation which is approved for retention in a
Tree. Clearing- Pefmit,
(23) Protective fencing — A temporary fence
or other structural barrier installed to prevent permitted
clearing or construction activity from adversely affecting
vegetation which is approved for retention in a Tree
Clearing Permit.
(24) Sensitive Area and Sensitive Area Buffer
— Wetlands, watercourses, landslide hazard areas and
abandoned coal mines and their buffers as designated
or defined now or hereafter in TMC 18.45.
,i
(25) Sensitive Areas Ordinance — TMC 18.45,
which establishes standards for land development on
lots with sensitive areas (e.g. steep slopes, wetlands,
watercourses, etc.).
(26) Shoreline Zone — An overlay zone estab-
lished by TMC 18.44 extending from the mean high
water mark of the Duwamish/Green River for 200 feet
landward.
(27) Site — Any legally defined section of real
property, whose boundaries are recorded for purposes
of assessing taxes with the county Assessor's Office,
where vegetation clearing activities are proposed or
have occurred.
(28) Site plan — see 18.54.030(20).
(29) Tree — Any self - supporting woody plant,
characterized by one main trunk, with a potential
diameter - breast - height of two inches and potential
minimum height of ten feet.
(30) Understory vegetation — Small trees,
shrubs, and groundcover plants, growing beneath and
shaded by the main tree canopy which affect and are
a affected by the soil and hydrology of the area surround-
ing the main tree roots.
(31) Vegetation — Living trees, shrubs or
groundcover plants.
(Ord 1659 §1, 1993)
18.54.040 Permit - exemptions.
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 four trees on a site
currently zoned . and developed for single- family
residential use within any 36 -month period; UNLESS
the trees to be removed are located in a wetland,
stream, buffer of a wetland or stream or within the
l.�shoreline zone.
(B) Removal of hazardous trees.
(C) 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 8.28,
Nuisances.
(D) Vegetation removal necessary to the
operation of an established Christmas tree farm or
commercial plant nursery.
(E) Construction and maintenance of
streets and utilities within City- approved rights -of -way
and /or easements.
(Ord. 1659 §l, 1993)
Page 18-66
Printed August 4, 1993
TITLE 18 — ZONING
18.54.050 Permit - mandatory standards .
All removal of trees and understory vegetation
shall be undertaken in accordance with the mandatory
standards specified elsewhere in this chapter.
(Ord 1659 51, 1993)
18.54.060 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 TMC 18.54.040.
(Ord 1659 51, 1993)
18.54.070 Permit application materials.
The following materials are required to obtain a
Tree Clearing Permit:
(1) Site Plan of the proposal, showing:
(A) Dripline of existing trees 4 inches in
diameter or larger, in relation to proposed and existing
structures and utility lines;
(B) All trees to be removed and /or
relocated;
(C) Existing and proposed topography of
the site at two -foot contour intervals;
(D) Limits of any sensitive area and
sensitive area buffer, anc mean high water mark of the
river) C&vvtd ZOo' <91/vib('&U rut, 19ovw�l�z.F�
(2) Landscape . Plan for the lAposal,
showing: priu'C F4;;
(A) Quantities and sizesnof
trees/vegetation to be used to replace vegetation
cleared; 0- -,, tL,
x r (B) All trees and vegetation to be retained•
g ,
(C) Proposed vegetation protection
measures; eltild iti • it ctii/
(D) An� other measures proposed to
restore the environmental and aesthetic benefits
previously provided by on -site vegetation.
(3) Professional review or recommenda-
tion — Submittal of, or agreement to submit, a review,
evaluation recommendation or plan related to vegeta-
tion clearing or replacement prepared by professional
consultant(s), such as a landscape architect 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
valuation.
(4) Sensitive area mitigation plan— Identify
measures proposed for mitigation of vegetation clearing
in a sensitive area and /or its buffer per TMC 18.45.
(5) Time schedule— Proposed time schedule
of vegetation removal, relocation and/or replacement,
and other construction activities which may affect on-
site vegetation.
(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
requirements of this chapter 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.
i ,, vt,i -Ord. 1659 51, 1993)
18.54.080 Waiv to permit materials.
The Direct may waive the requirement for any
or all plans or permit materials upon finding that the
information on the application is sufficient to demon-
strate that the proposed work will meet the approval
criteria under TMC 18.54.120 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.
(Orr) 1659 51, 1993)
18.54.090 Permit application fee.
(a) 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 manage• ,.,
ment of the permitting process, inspections, and pro-
cessing of exceptions to standards and appeals pursuant
to this chapter. The application fee shall be established,
and may be amended, by the City Council.
(b) Fee exception: No fee shall be required for
vegetation clearing associated with land- altering activity ) 1
approved under a Land- Altering Permit.
(Ord 1659 51, 1993)
18.54.100 Applicant Insurance required.
(a) In addition to any conditions specifje'd pursuant
to TMC 18.54.070, 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
Printed August 4, 1993
Page 18-67
a /y) ,i_/ i t)ul1
ke'Llee /1 CI 6d-if 4)194c (mil
tittee 4s
'U (cci' -7:3-
,t6 Leett-
,,i ohm .�
TUKWILA MUNICIPAL CODE
company licensed to do business in the State of
Washington.
(Ord 1659 §1,_1993)
18.54.1 11 Applicant secu required. ,f U�V`s,^6)
TP mitigate damages should they occur a . result
•f c earing which is not authorized by a Tree Cle
'ermit, the Director may require from the applicant
bond, letter of credit, or other means of securi
acceptable to the City. The following provisions sha
•ply in instances where such securities are requir
1) The required sec • . . b itted
prior to e iss s .ti e o 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 •3
authorized to be cleared under a 'I ee Clearing Permit
le.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 replacement plants.
(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
I chapter may be redeemed in whole or in part by the
City of Tukwila upon determination by the Director
1R 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.
g
40,,, Permit Approval Criteria. L95 L l9Lu
n (a) General - To the extent tiro -v eta en- reten.
yiAn�and -Aor- - aeem -env -is- --ear} +e
II -oi .reasonable use of the property, vegetation
Baring shall be planned and conducted to meet all of
the criteria of this chapter. ' These criteria shall be the
basis for approval, approval with conditions, or denial of
any tree clearing included in a Tree Clearing Permit
application; •p'( k -p-o —t fi.,�
(b) Canopy Cover -At project completion, the site
shall have a vegetation canopy, dominated by trees,
which meets the following minimum requirements:
(1) For sites with an existing canopy cover of
20 percent or greater of the site area, final canopy cover
shall be a minimum of 20_percent of the site area.
(2) For sites with an existing canopy cover of .
less than 20 percent of the site area, the final canopy
cover shall be the same ) existing canopy cover.
(3) To meet the rr quirement§ for final canopy
cover, or to otherwise mitigate the effects of vegetation
removal, final canopy clever may consist of any com-
bination existing trees/and replacement trees.
(Ord 1659 §1, 1993)
(c) Tree Retention - In meeting the minimum
requirements for final canopy coverage, site improve-
ments shall be designed and constructed to meet the
following criteria:
(1) Priority shall be given to retention of exist-
ing stands of trees, trees in landscape buffer areas, trees
along the shoreline, and healthy mature trees.
(2) All understory vegetation within the
essential root zone of protected trees shall be:
(a) retained; OR
(b) removed by manual methods which
are non - damaging to the tree, and replaced with plants
of similar species and numbers.
(3) Vegetation removal shall be undertaken in
such a manner as to preserve, to the degree possible,
the aesthetic and ecological benefits provided by vege-
tation.
(d) Tree Protection Measures -
(1) The proposal shall include suffident protec-
tion measures to ensure viability of protected trees and
other vegetation identified for retention pursuant to
TMC 18.54.120ba and(c) and to protect any sensitive
area and its buffer. Tree protection measures shall
meet or exceed current standards of professional
arboriculture and provide a reasonable level of protec-
tion for trees /vegetation identified for retention.
(2) All protected trees and vegetation, and all
sensitive areas and sensitive area/ buffers shall be
surrounded by protective fencing which prevents
adverse impacts associated with clearing from intruding
upon such sensitive area and its buffer.6k ynvl L
(e) Tree Replacement - Prior to any vegetation
removal, the applicant shall demonstrate through a
landscape plan, sensitive area mitigation plan or other
materials required per TMC 18.54.070 that tree
replacement will meet the following minimum
standards: 6
fix= (1) Minimum sizes shall be: 2- 1 /2- inch,'
caliper for deciduous trees, 6 to 8 feet in height for
evergreen trees, 24 inches in height for shrubs, and of
one 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 lands(aping which
ensure the vegetation's long -term health and survival.
(f) Surrounding Environment - The timing of,
and methods to be used in, any proposed vegetation
removal shall be such that impacts to protected vegeta-
tion, wildlife, fisheries and the surrounding environ-
ment are minimized.
(g) Tree Relocation - Tree relocation shall be
carried out according to best management praetleeg, and
trees proposed for relocation shall have a reasonable
chance of survival.
(_ 1/1 )D I� c w-, o'v 511-p
Page 18-68 I J
Ae,IAAc £rh_,tt., Ate,: f.)
(Ord 1659 §1,•1993)
3 • i 1 cs - 5 Dirwz 7144 te-
Printed August 4, 193
TITLE 18 - ZONING
1 &.54.130 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 provi-
sions of this chapter. -Any- authorization- for - exception
{
7 `desirable - for - the-puhii -- n - re — • - • • .. - �.. e
the-intent- oft#is- apter.) 11-07 CA-00041/2);
(2) An exception to this chapter shall not be z
granted unless all of the following criteria are met: i
(A) Strict compliance with the provisions
of this code may jeopardize project feasibility or reason-
able use of property.
Ale, 7 G-z 00
(B) Proposed vegetation removal, -
replacement, and any mitigative measures proposed,
are consistent with the purpose and intent of this
chapter given in TMC 18.54.020.
(C) The granting of the exception or
(\ • standard reduction will not be detrimental to the public
ck welfare or injurious to other property in the vicinity.
(2) In addition to the above criteria, the
Director may also consider any of the following as a
basis for granting an exception request:
(A) The recommendation of a certified •
arborist supports the exception.
(B) Off -site tree planting may be
1 considered in evaluating an exception, where such
planting furthers the goals of this chapter and other City
s , ti policies. /`
(b) Exception Procedures - An application for
any exception fom this chapter shall be submitted in
writing by the property-owner to the Director, and
.,vu
4-shall accompany the application for a Tree Clearing
Permit. Such application shall fully state all substantiat-
ing fa --ts and evidence pertinent to the exception
quest, and include supporting maps or plans. The
irector shall not grant an exception unless and until
sufficient reasons justifying the exception are provided
by the applicant.
YCt:Sc i
(Ord 1659 §1, 1993)
18.54.140 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.
(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. 1659 §1, 1993)
18.54.150 Permit conformance.
(a) Plan Conformance - All work must be per-
formed in accordance with approved Permit plans
specified in TMC 18.54.070 or revised plans as may be
determined by the Director. The appllcant shall obtain
permission in writing from the Director prior to modi-
fying 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 main-
tained in ood condition by the site's property owner
throughoue life of the project.
(Ord. 1659 §1, 1993)
18.54.160 Violations..-
The following clearing actions shall be considered i,(`'
violation,' of this chapter:
(1) Clearing not authorized under a Tree
Clearing Permit where such permit is required by this
chapter.
(2) Clearing not in accordance with the plans,
conditions, or other requirements in an approved Tree
Clearing Permit.
(Orri 1659 §1, 1993)
18.54.170 Enforcement.
(a) General
(1) 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.
(2) 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" Ui °de?
may include conditions or other requirements which
must be fulfilled before clearing may resume.
(3) 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.
(4) 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) Inspection Access
(1) For the purpose of inspection for
compliance with the provisions of a permit or this
Printed August 4, 1993
Page 18-69
TUKWI'LA MUNICIPAL CODE
chapter, authorized representatives of the D. ector may
enter all sites for which a Tree Clearing ' ermit has
been issued.
(2) Where deemed necessary by the Director
to ensure compliance with permit requi ements, upon
completion of all requirements of a ree Clearing
Permit, the applicant shall request a ff al inspection by
contacting the Director. The permit p ocess is complete
upon final approval by the Director.
(c) Remedial Measures Required — In addition
to penalties provided for in TMC 18.54.190, 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 TMC 18.54.120, 18.54.150, and applicable standards
for mitigation outlined in TMC 18.45.
(3) 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 imple nt required remedial
measures, the Director may edee all or any portion
of any security submitt y the applicant to
implement such remedial measures, pursuant to the
provisions of TMC 18.54.110.
(Ord 1659 §1, 1993)
18.54.180 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 under TMC 18.54.100.
(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 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. 1659 §1, 1993)
18.54.190 Penalties.
(a) The following penalties shall be applied in
whole or in part for the violation of permit conditions
contained in this chapter or the failure to obtain permits
required for activities regulated by this chapter. All
remedies shall be considered cumulative and in
addition to any other lawful action. In a prosecution
under this chapter, each day that a violation of this
chapter is committed or permitted to continue, and
each tree removed shall constitute a separate offense to
which the penalties set forth below shall apply.
(b) Any person who knowingly or willfully
violates any provision of this chapter, or any rule or
other adopted or issued regulations pursuant to this
chapter, who knowingly or willfully initiates or
continues any activity for which a Tree Clearing
Permit is required, except in accordance with the
terms, conditions, and provisions of an approved plan,
shall be guilty of a misdemeanor punishable by
imprisonment not to exceed 90 days or by a fine not to
exceed $5,000, or both, at the discretion of the court.
(c) It shall not be a defense to the prosecution for
failure to obtain a permit required for this chapter, that a
contractor, subcontractor, person with responsibility on
the site, or person authorizing or directing the work,
erroneously believed a permit had been issued to the
property owner or any other person.
(Ord 1659 §1, 1993)
18.54.200 Injunctive relief.
(a) Whenever the governing body has reasonable
cause to believe that any person is violating or
threatening to violate this chapter or any rule or other
provisions adopted or issued pursuant to this chapter, it
may either before or after the institution of any other
action or proceeding authorized by this chapter,
institute a civil action in the name of the City for
injunctive relief to restrain the violation or threatened
violation. Such action shall be brought in King County
Superior Court.
(b) The institution of an action for injunctive relief
under this section shall not relieve any party to such
proceedings from any civil or criminal penalty
prescribed for violations ofthis chapter.
(Ord 1659 §1, 1993)
18.54.210 Abatement.
Any vegetation clearing performed in violation of
this chapter or any lawful order or requirement of the
Director pursuant to this chapter, shall be deemed to be
a public nuisance and may be abated in the manner
provided by the TMC 8.28.220.
(Ord 1659 §1, 1993)
18.54.220 Appeals.
(a) Any person aggrieved by a decision of the
Director to approve, disapprove or condition a properly
filed application for a Tree Clearing Permit, revocation
Page 18-70 Printed August 4, 1993
n.,fy;:.f Y..:_i. ::.�•_:.'.`: ',tYl `AVM ...- �.�.V.r.�w��xanr.w.
.o-.w.•a wr�tsn em+ vn.. �, n.. tn�. m. a' sn�a: �-, �1� ,e,.,.'..�acr.e,...,....,...._
TITLE 18 — ZONING
or suspension of a Tree Clearing Permit, or an alleged
failure to properly enforce the chapter in regard to a
specific application, may appeal that decision to the
Tukwila Board of Adjustment. Any such appeal shall
be made in writing to the Director within 15 days of
the Director's decision and shall state the reasons for
the appeal. A review of the appeal shall be scheduled
for a regular meeting of the Board of Adjustment not
later than 30 days from the date the appeal is filed.
(b) After a review hearing, the Board of Adjust-
ment shall file with the Director a written decision
affirming, denying, or modifying the decision of the
Director. The decision of the Board of Adjustment shall
• be final and conclusive unless the original applicant or
an adverse party makes application to the Superior
Court of King County for a writ of certiorari, a writ of
prohibition, or a writ of mandamus within forty days of
the final decision of the Board of Adjustment.
(Ord 1659 51, 1993)
18.54.230 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. 1659 51, 1993)
18.54.240 Severability.
If any section, sentence, clause or phrase of this
chapter should be held to be invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or
constitutionality of this chapter as a whole, or any other
section, provision, or part thereof not adjudicated to be
invalid or unconstitutional and its application to other
persons or circumstances shall not be affected.
(Ord. 1659 51, 1993)
4.
Printed August 4, 1993 Page 18-71
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING INTERIM STANDARDS FOR TREE CLEARING AND
PLANTING.
WHEREAS the City Council and Planning Commission have
generally agreed that standards for vegetation clearing and
planting are necessary to mitigate environmental consequences of
land development, and to maintain and improve the quality of
Tukwila's urban environment; and
WHEREAS significant additional time will be required to
complete adoption of a tree ordinance with new standards for
vegetation clearing and planting; and
WHEREAS the limited amount of vacant land remaining in
Tukwila may be cleared of vegetation in a manner which produces
adverse aesthetic, economic and environmental impacts not
envisioned in new vegetation clearing and planting standards; and
WHEREAS the City Council finds that implementation of
interim tree clearing and planting standards is necessary to
protect the health and welfare of the City's residents;
WHEREAS the standards and procedures contained in the
attached Interim Tree Clearing and Planting Standards reflect the
minimum desired standards, and could be used by the City in
evaluation and approval of vegetation clearing activities until a
tree ordinance is adopted; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DO HEREBY ORDAIN AS FOLLOWS:
Section 1. The attached Interim Tree Clearing and Planting
Standards are hereby adopted, and shall become binding as of the
effective date of this Ordinance.
Section 2. The Department of Community Development is
instructed to prepare and present a codified tree ordinance as
soon as practicable. Delay in presentation of such tree
ordinance shall not affect the validity of this Ordinance.
Section 3. SEPA Exemption and Declaration of Emergency.
Pursuant to Tukwila Municipal Code Chapter 21.04.100 and
Washington Administrative Code 197.11 -880, the City Council finds
that an exemption under SEPA is temporarily necessary to prevent
an imminent danger to public or private property, or to prevent
an imminent threat of serious environmental degradation, if
vegetation clearing is allowed inconsistent with the standards
and procedures in the attached Interim Tree Clearing and Planting
Standards. Alternatively, the responsible SEPA official may
undertake a review and issue a determination at any time prior to
the adoption of the codified tree ordinance referenced in Section
2 above.
Section 4. Severability. If any section, sentence, clause
or phrase of this Ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or
phrase of this Ordinance.
Section 5. 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 (5) 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 1991.
Alan Eckberg, Council President
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
INTERIM ST
p
1/8/93
DRAFT
ARDS AND PROCEDURES FOR TREE CLEARING AND PLANTING
SECTION I. EXE •TIONS
The following activities are exempt from the application of
this Ordin nce, UNLESS:
(a) uhe site on which clearing is to occur
s located in a Sensitive Area or
ensitive Area buffer, as defined now or
ereafter in TMC 18.45, or is located
ithin the Shoreline Zone; OR
(b) egetation affected by the clearing is
art of a required landscape buffer or
pproved landscape plan.
A. Cleari g of up to four (4) trees on any site
within any thirty -six (36) month period.
,,v+.i1.' i
B. Cleari of any vegetation on a site currently
zoned - for single - family residential use__Ammimi
The followi
this Ordina
B. Remova
C. Routin
mainta
contai
fire o
per TM
D. Vegeta
an est
plant
SECTION
•:•I
g•
g activities are exempt from the provisions of
ce regardless of location:
of hazardous trees.
maintenance of vegetation necessary to
n the health of cultivated plants, to
noxious weeds, or to remedy a potential
health hazard or threat to public safety
8.28 (Nuisances).
ion removal necessary to the operation of
blished Christmas tree farm or commercial
ursery.
A. REOUI
No per
except
develo
•
B. REOUIR
The ap
with t
0
D CITY APPROVAL
on shall conduct any vegetation clearing
as necessary to implement a City- approved
ment plan; unless exempt under Section I.
D DOCUMENTATION
licant shall submit the following materials
e development plan.--- /'fI s/ r-
1. Site Plan of the proposal, showing:
• Dri•line of existing trees and vegetation in
elation to proposed and existing
tructures and utility lines;
• All trees to be removed and /or relocated;
• Exi ting and proposed topography of the site
:t two foot contour intervals;
• Lim■ts of any Sensitive Area and Sensitive
ea buffer, and mean high water mark of
the river.
Draft Interim Tree Clearing & Planting Standards
1/8/93
Page 2
2. Landscape Plan for the proposal showing:
• Quantities and sizes of replacement
trees /vegetation to be used to replace
vegetation cleared;
• All trees and vegetation to be retained;
• Proposed vegetation protection measures;
hetic benefits
• • vil1 - •�- - -���1� - _
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 or certified arborist. Services may
include, but are not limited to: providing
written evaluations, developing plans, monitoring
construction activities, or post- construction
inspection.
WAIVER OF DOCUMENTATION
- ar'
•
aGz? -f. r r" . information on the
application is sufficient to demonstrate that the
frY proposed work will meet the standards under
Section III. and other City ordinances.
SECTION III. STANDARDS
To the extent that vegetation retention and /or replacement
is consistent with project feasibility or reasonable use of
the property, vegetation clearing shall be plan ed and
conducted to meet all of the standards below. These
standards shall be the basis for approval, approv•1 with
conditions or denial of any vegetation clearing act'vity:
A. CANOPY COVER
At pro ct completion, the ite shall have a
vegetati canopy, dominated y trees, which mee s
the follow g minimum requi ements:
1. For site with an existing canopy cover
of twenty •ercent /20 %) or greater of
the site ar =a, fin ,al canopy cover shall
be a minimum •f t enty percent (20 %) of
the site area.
2. For sites with
of less than
site area, t e
be the s
cover.
existing canopy cover
percent (20 %) of the
fina canopy cover shall
as th- existing canopy
3. To meet the
canopy ever,
the off = cts of
canopy cover
combi ation
repl
requireme
or to othe
vegetation re
may consis
existing tre
ement trees.
is for final
ise mitigate
oval, final
of any
s and
Draft Interim Tree Clearing & Planting Standards
1/8/93
Page 3
TREE RETENTION
Site improvements shall be designed and
constructed such that, to the extent possible,
existing stands of trees, trees in required
landscape buffer areas, trees within the Shoreline
Zone, and healthy mature trees are retained.
C. TREE PROTECTION MEASURES
The understory vegetation within 10' of
the dripline of retained trees shall
also be retained; or removed and
replaced with other plants by manual
methods which are non - damaging to the
retained tree.
The proposal shall include sufficient
protection measures to ensure viability
of protected trees and other vegetation
identified for retention pursuant to
Section III (A) and (B), and to protect
any Sensitive Area and its Buffer.
3. All rotected trees and vegetation, and
all ensitive Areas and Sensitive Areas
Buf ers shall -be surrounded by
proective fencing � which prevents
adverse impacts associated with clearing
froin intruding upon such Sensitive Area
andl its Buffer.
4. All\ tr a and vegetation protection
measur b shown on approve; - permit
draw�ii�ijs shall be installed- prior to
initYation of any clearing or land -
altering activity.
D. TREE REPLACEMENT STANDARDS
Prior to any vegetation removal, the applicant
shall demonstrate through a Landscape Plan or
other materials required per Section II. that tree
replacement will meet the following minimum
standards:
Minimum sizes shall be: 2 -1/2 -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.
Draft Interim Tree Clearing & Planting Standards
1/8/93
Page 4
SECTION IV. EXCEPTIONS
A. The City may grant exceptions from the
requirements of this Ordinance when undue hardship
may be created by strict compliance with the
provisions of this ordinance. Any authorization
for exception may prescribe conditions deemed
necessary or desirable for the public interest, or
necessary to meet the intent of this Ordinance.
B. An exception to this Ordinance shall not be
granted unless all of the following criteria are
met:
1. Strict compliance with the provisions of
this code may jeopardize project
feasibility or reasonable use of
property.
2. 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. The recommendation of a certified
arborist supports the exception.
SECTION V. REMEDIAL MEASURES
The City may require any person conducting vegetation
clearing in violation of this Ordinance 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
procedural requirements and standards as
specified in Sections II. and III. of
this Ordinance.
2. The cost of any remedial measures
necessary to correct violation(s) of
this Ordinance shall be borne by the
property owner and /or applicant.
SECTION VI. DEFINITIONS
The following definitions shall be used in the
administration of this Ordinance:
Applicant - Any person proposing to engage in or engaged in
any clearing of trees or understory vegetation within the
city limits of Tukwila.
Caliper - American Association of Nurserymen standard for
measurement of trunk size of nursery stock. Caliper of the
trunk shall be taken 6 inches above the ground.
Certified arborist - An arborist certified by the
International Society of Arboriculture or National Arborist
Association.
Draft Interim Tree Clearing & Planting Standards
1/8/93
Page 5
Clearing - 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 of roots,
limbs or trunks; creation of an impervious surface over the
roots of a tree; and /or filling, excavation, grading,
trenching or other activity, which alters the existing soil
surface or natural vegetative covering of the soil surface
in the root area of a tree and which has the potential to
cause irreversible damage to the tree.
Development plan - A drawing and supporting materials
describing proposed construction, dimensions and locations
of structures, paved areas, areas to be cleared of
vegetation, and other site improvements or uses of the site,
which may be a part of the set of permit drawings or
construction documents in a City- approved application for a
Building Permit, subdivision, Board of Architectural Review
approval, or other land use application.
Diameter- breast - height (d.b.h.) - The diameter of any tree
trunk, measured at 4 -1/2 feet above average grade.
Dripline - An area encircling the base of a tree, delineated
by a vertical line extending from the outer limit of a
tree's branch tips down to the ground.
Groundcover - Trees, shrubs and any other plants or natural
vegetation which covers or shades in whole or in part the
earth's surface.
Hazardous tree - A tree with a structural defect or disease,
or which impedes safe vision or traffic flow, or otherwise
poses an imminent threat to life or property.
Land - Altering activity - Any activity that results in change
of the natural cover or topography, as defined in the City
of Tukwila Land - Altering Ordinance (No. 1591).
Land - Altering Permit - A permit for land - altering activity
issued by the City of Tukwila pursuant to the Land - Altering
Ordinance (No. 1591).
Landscape plan - see Plan.
Landscape buffer area - The area at the perimeter of a site
designated for landscape plantings, of a minimum width
prescribed by the Tukwila Zoning Code (TMC 18.52.020) or of
a minimum area approved by the City, whichever is greater.
Mean high water mark - A line approximately parallel to the
river channel which marks the elevation of the surface of
the Green River waters when the discharge rate at the U.S.
Geological Survey Stream Gauging Station, Green River near
Auburn (121130) is 9,000 cubic feet per second, and as
determined by maps on file with the Tukwila City Clerk.
Person - Any legal entity recognized by the State of
Washington for the purpose of assigning legal
responsibility, to include, but not limited to:
individuals, partnerships, firms, associations,
commissions, boards, utilities, institutions, and
estates.
Draft Interim Tree Clearing & Planting Standards
1/8/93
Page 6
Plan - A sketch, survey or other drawing, photograph or
similar document which may be a part of the set of permit
drawings or construction documents, and which contains
information related to vegetation clearing sufficient to
evaluate compliance with the standards of this Ordinance.
Protected tree /protected vegetation - A tree or area of
understory vegetation identified on an approved Landscape
Plan to be retained and protected during construction.
Protection measure - A 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.
Protective fencing - A temporary fence or other structural
barrier installed to prevent permitted clearing or
construction activity from adversely affecting vegetation
which is approved for retention in a Tree Clearing Permit.
Sensitive Area and Sensitive Area Buffer - Wetlands,
watercourses, landslide hazard areas and abandoned coal
mines and their buffers as designated or defined by the
Sensitive Areas Ordinance.
Sensitive Areas Ordinance - City of Tukwila Ordinance No.
1599 (TMC Chapter 18.45) which establishes standards for
land development on lots with sensitive areas (e.g. steep
slopes, wetlands, watercourses, etc.).
Shoreline Zone - An overlay zone established by TMC 18.44
extending from the mean high water mark of the
Duwamish /Green River for 200 feet landward.
Site - Any legally defined section of real property, whose
boundaries are recorded for purposes of assessing taxes
with the county Assessor's Office, where vegetation clearing
activities are proposed or have occurred.
Site plan - see Plan
Stand(s) of trees - A grouping of 6 or more trees with
overlapping canopies and contiguous understory vegetation.
Tree - Any self- supporting woody plant, characterized by one
main trunk, with a potential diameter- breast - height of two
(2) inches and potential minimum height of ten (10) feet.
Understory vegetation - Small trees, shrubs, and groundcover
plants, growing beneath and shaded by the main tree canopy
which affect and are affected by the soil and hydrology of
the area surrounding the main tree roots.
Vegetation - Living trees, shrubs or groundcover plants.
•
• Pfil
F.,, 4
hi a i 11
WHAT IS THE
"LANDSCAPE ENHANCEMENT ORDINANCE ?"
The City has proposed a new law, the "Landscape Enhancement Ordinance." It will affect
how property is developed by placing some restrictions on tree and vegetation removal.
WHAT WILL THE NEW LAW DO?
The law will require that businesses, residents, and developers save and replant trees. In
most cases, you will need a permit from the City before you can cut down trees.
WHY IS THIS NEW LAW BEING PROPOSED?
Tukwila residents have expressed concern about the effects of urban growth on our "quality
of life." Tukwila's natural amenities, such as trees, add to our quality of life. The new law
will help balance the benefits of new development with the need to maintain our
community's natural amenities.
WILL I HAVE A CHANCE TO COMMENT ON THE NEW LAW?
Yes! The City would like to hear your ideas on the proposed new law. You can comment
in writing and in person at upcoming public hearings by the Tukwila Planning Commission
and City Council.
Public Hearing: The Tukwila Planning Commission will hold the first public hearing on the
draft on October 22, 1992 at 7:00 p.m. in the Tukwila City Council Chambers, 6200
Southcenter Blvd., Tukwila.
Open House: In addition to the public hearing, there will be an informational "open house"
for residents to look at, and ask questions on the draft. This is scheduled for October 15,
1992 from 6:00 p.m. to 8:00 p.m. at the Tukwila Department of Community Development,
6300 Southcenter Blvd, Tukwila.
Mail -in comments:
If you would like to make comments in writing, you may send your ideas to the Tukwila
Department of Community Development, 6300 Southcenter Blvd., Tukwila, WA 98188.
OTHER QUESTIONS? Feel free to call us if you would like more information.
Contact: Ann Siegenthaler, Department of Community Development, 431 -3670.
Announcement for Tukwila residents and businesspersons:
The City will hold a public hearing regarding a proposed new law, the
LANDSCAPE ENHANCEMENT ORDINANCE
on October 22, 1992 at 7:00 p.m.
Tukwila City. Council Chambers
6200 Southcenter Blvd.
431 -3670
NEED MORE INFORMATION? Call or write:
Tukwila Dept. of Community Development
6300 Southcenter Blvd.
Tukwila, WA 98188
'(206) 431 -3670
F v • Al
. '
■ ■ p Art 4
hir
Tukwila residents, property
owners and businesspersons
have asked for more
i information about the City's
proposed Landscape
Enhancement Ordinance.
Here are answers to some common questions about
the new law.
i4ilt6tt.ttse
fee J brw rice. Lukwtt4 • .
• The City is considering:a new law, the Tukwila Tree. Ordinance. •
This law will affect how property is developed•by placing some •
restrictions.on tree and vegetation removal.
• 14kat wi(t the •New. 'i'ee :Gl i s ce
For•some land use'actions by businesses, residents and developers, the Tree Ordinance .
provides. guidelines and controls for removing, saving and replanting trees... However., it
won't prevent homeowners from removing trees in their yards...The new law is designed to •
. prevent the clearing of large numbers of trees..
•
1iIk, io tki% ket : w &eitig ptoposet�?
Tukwila residents have expressed concern about the effects•of urban growth on our "quality
of life ". Tukwila's natural assets - .such.as wooded hillsides - enhance our quality of life.
The Tree Ordinance will help balance the benefits of new development with the desire to
maintain: our community's natural amenities.
•
t'Iitt Ii4tie 6 CitANCe to cossNsekt ow tke pteo poses (4w1
Yes! The City wants to hear your response to theproposedTree Ordinance. You will have •.
the chance to present you r.commentsto the. Tukwila Planning Commission. and City Council •
- in writing or: in person at their upcoming public hearings. •
•
Ptogge A A. .The Planning. Commission will hold the first•pubiic hearing
about this draft law on Thursday October .22nd, 1992 at
7:00 p.m:; in the Council Chambers. at Tukwila City Hall,
6200 Southcenter Boulevard. .
In addition to the public hearing, there will.be an informa= •
• tional Open House'to give you a chance to look at, and ask
questions about the. draft law.. The Open. House will be
. . held Thursday October 15th, 1992, from 5:00 to.7:00'p.m.,.
in Conference. Room No. .1 at the Tukwila Department. of
Community Development, •6300 Southcenter Boulevard
(next door to City Hall).
I4it -iw If you want to comment in writing, please' send your
�A comments to the Tukwila Department of Community De -•
4m $ekt% velopment, 6300 Southcenter Blvd., Tukwila, WA 98188. .
aka C�luesUON %1.
Feel free to call us if you would.like more information., .Contact Ann Siegenthaler, 'Project
Coordinator, at 'the Department of Community Development - 431.- 3670... •
•
F.... 71111
r
r:
■ I.
Tukwila residents, property owners and members of our
business community have asked for more information:
about the. City's proposed Tree Ordinance. •
Here are answers to some common questions about the
proposed new law...
CITY OF TUKWILA .
Dept. of Community Development •
6300 Southcenter Boulevard • •
Tukwila, WA .98188.
Wanf more information? Call (206) 431 -3670.
BULK RATE
U.S..POSTAGE PAID
TUKWILA, WA
PERMIT. NO.12698
To Tukwila residents and property owners:
The City wants your comments on a proposed.new law,
• the•.Tukwila Tree Ordinance
Come to a Public Hearing. on
October 22, 1992. -; 7:00 p.m.
Tukwila City Council Chambers
6200 Southcenter Boulevard
Thoughts
On Working
Together
by Sarah Skoglund,
General Manager,
Southwest King
County Chamber
of Commerce
The Southwest King County Chamber of
Commerce represents the communities
of Tukwila, SeaTac and Burien. In my
work with many different people and
organizations. I sense a new mood In the
area, a sense that we can accomplish so
much more for the citizens and busi-
nesses of Tukwila if we work together, if
we communicate, and if we work as a
team to accomplish mutual goals.
One example of this team approach is the
City's "Vision Tukwila" program. With
the dedication and guidance of Mayor
John "Wally" Rants, Vision Tukwila pro-
gram provides a unique opportunity for
the community to come together to dis-
cuss Important issues and determine the
future of our City. Both business people
and residents are encouraged to attend
the meetings and, so far, the response and
participation has been excellent.
The South Central School District's "Cit-
ies in Schools" program is another ex-
ample. Supported by the Chamber and
sponsored by businesses, this program
enables the District to provide the neces-
sary human services to our kids when
they need it most and at a place where
they can access these services. This group
is guided by a Board of Directors com-
prised of business people, school district
representatives, human services providers,
and representatives of the Chamber.
The reality of today is that if we as citizens,
business people, elected officials and or-
ganizations will communicate and work
with one another, we can make our com-
munity a better place for all of us. Work-
ing together works.
Please stop by the Chamber office be-
tween 9:00 am and 5:00 pm, or call 244
3160 if you would like to know more
about getting involved in your community.
Status of current water supply
Due to the continuing below- normal pre-
cipitation and low snowpack, Tukwila is
in a water shortage "voluntary reductions"
stage along with all local water districts
who receive their supply from the Seattle
Water Department.
Based on forecast weather conditions, it is
important to manage the potential short-
age we face this year by consuming water
wisely. If you have any questions, please
contact Pat Brodin at 433 -0179 or Ted
Freemire at 433 -1861.
Work begins
on Tukwila tree
ordinance
During the Vision
Tukwila neighbor-
hood meetings, resi
dents expressed concern about maintain -
Ing the quality of life in Tukwila. At the
same time, rapid urban growth has trans-
formed many areas of the community.
The challenge facing the City is to flnd
ways to allow for economic growth with-
out losing those characteristics which add
quality to the community.
One of Tukwila's valued characteristics is
its wooded areas. To help balance new
development with the desire to maintain
trees in the community, the City is work-
ing on a new law, a tree ordinance. Under
this ordinance, certain types of tree -clear-
ing activities would need to be reviewed
by the City before construction can begin.
In addition, development projects would
need to give more consideration to the
way trees are used on the site.
The Department of Community Develop-
ment has started work on the first draft of
the ordinance, which will be available for
review in May or June; a public hearing
on the draft will be held in June or July.
The City would like to hear your com-
ments on the draft. Ifyouwould like to be
notified when the draft is ready, or when
the public hearing date has been sched-
uled, please call the Department of Com-
munity Development at 431 -3654.
F;.:
6 i y. .
it
Council Corner
by Allan Ekberg Council President
We on the City Council have been listen-
ing to you at Vision Tukwila meetings,
and have been very happy with the enthu-
siasm and participation shown by so many
citizens. In the coming months we'll keep
working on how to address the issues
you've raised there.
Recent Council issues include: starting
up the free dumppassprogram for residents
again; setting up a new Human Services
Advisory Board; reducing citizens' taxes
after a successful vote by citizens to join
the King County Library system; donating
$50,000 to investigate the third runway
at Sea -Tac; and passing an ordinance to
set up Drug -Free Zones around all the
schools and parks in the City.
In March the Council met with the City's
Planning Commission to talk about the
requirements for the State's Growth Man-
agement law. This month we met with
the South Central School Board to talk
about some of the issues that affect both of
our agencies. We hope to continue to
meet with — and get more familiar with —
the groups that are a part of our City.
YOU can influence the City Council on
issues in several ways:
0 Citizen comments are welcome at ev-
ery Council meeting, held Mondays at
City Hall at 7:00 p.m.
11 Council agendas are mailed to libraries,
and are available at City Hall.
i` The City Council is working on a tele-
phone line you can call to find out about
meeting agendas and other City hap-
penings. We'll also look toward holding
more Vision Tukwila style "town meet-
ings" in the future.
0 By joining with other citizens, you can
use the referendum and initiative pro-
cess to pursue any issue on which you
feel the Council is not being responsive.
Call your elected officials to say what's
important to you. Remember, repre-
sentingyou is our job. And we do listen!
APRIL 1992 3
Tukwila parks readied for spring use
Christensen Trail reopens
People who use this popular Green River
Trail will be pleased to know the major
construction work has ended between
Bicentennial Park and South 180th Street.
Last November the Army Corps of Engi-
neers began the work of raising the el-
evation of the dike, upon which the trail
is built. The dike provides flood protec-
tion to the central business district around
Southcenter.
Because of winter weather, the asphalt
trail could not be paved until the end of
March. Tree planting, hydroseeding and
under trail work has also been completed.
Within Bicentennial Park the dike fill
material has been relocated from its posi-
tion of last November, closer to the top of
the river slope. An attempt to save a very
old cherry tree and a neighboring maple
tree has been completed by providing a
trail ramp between the trees. The relo-
cation of the dike fill material will again
provide a more open and usable park.
In June, a new piece of childrens play
equipment will be installed to replace the
deteriorated equipment removed last
winter.
A paving machine can't slow her down...
The Green River Trail has been paved and
joggers, walkers, bikers and skateboarders
are enjoying it with the spring weather. The
trail is on top of the river levee. The levee was
raised to provide flood protection from in-
creased river flood flows.
4
Elegant new picnic shelter at Crystal Springs.
Crystal Springs Park near completion
Citizens waiting patiently this past winter
have been rewarded with a beautiful new
park addition. Last summer work began
to develop a restroom and additional park-
ing in the originally developed area; and
in the new eight -acre site trails, play
equipment, picnic tables and a picnic
shelter were constructed.
A unique stream feature has been added
utilizing the natural spring water that
flows from springs at the base of the upper
hill. The water flows naturally into an old
concrete tank and exits into a man -made,
rock -lined stream that flows through the
park. The old concrete tank is what
remains from the Independent Water
Company which called the cold, clear
water "Crystal Springs ". Later this year
an informational sign will be placed ex-
plaining the history of the site.
From the new picnic shelter, views of the
hills east of Renton can be enjoyed. The
shelter has six large picnic tables and a
barbecue. The site can be reserved for
group use by stopping at the Community
Center and paying a 510.00 rental fee.
In addition to the park improvements,
158th St. and 51st Avenue have been
widened, street lights installed and side-
walks constructed. Storm water pipes
and water lines have also been improved.
In the future, 160th Street that fronts the
park will also be improved.
In June, a dedication ceremony will take
place to officially open the park. In the
meantime, enjoy all the park has to offer.
Interurban Trail to extend to Tukwila
As part of a parks and open space bond
issue previously passed by voters in King
County, our City will receive funding to
complete this trail within Tukwila. The
Interurban Trail begins in Pacific and con-
tinues under the Puget Sound Power
transmission lines northward until just
south of 180th Street. At this point the
bicycle and walking path will continue
north into the County's Fort Dent Park.
The transmission line corridor is the old
location of the Interurban Railroad train
tracks that connected Tacoma and Seattle
earlier this century.
Currently sur-
vey and engi-
neering work
is underway
regarding con-
struction and
routing. Work
should begin
later this year
with a goal of
completion of
spring 1993.
Foster Park progress
Last fall work began on this four -acre site
to complete final improvements to the
park. Because of winter weather, progress
was slow but will soon begin again with a
goal to complete the work by early June.
Improvements will include a youth base-
ball and soccer field, trail, picnic shelter,
parking, play equipment and restroom.
A dedication will take place in June.
Remember:
SPRING CLEAN -UP
DUMP COUPONS
Good from May2toMay 10
Available or* at City Hall
8:30 a.m. to 5:00 p.m.
Monday - Friday
THE HAZELNUT
Charting the course of the
Green /Duwamish River
For a newlywed couple, the Duwamish
River was the perfect setting for their
wedding party-boat — even if it took two
days to get to Seattle. But to Joseph
Foster, the river was strictly for business
— getting logs to Yesler's Mill. The
newlyweds thought Foster a little old -
fashioned. But then, that was in 1853.
Throughout Tukwila's history, the river
has meant different things to different
people. In 1853, the river was the most
important thing in our back yard. Today
we may view the river differently. But
all seem to agree on its significance.
Where is the river going?
The Green /Duwamish River has
changed a lot since our community be-
gan in the 1900's. What will it become
in the 21st century? During the next
several months, Tukwila residents, de-
velopers and City staff will be working
on new shoreline laws. Fishing. Jogging
along the river. Building height limits.
Stormwater runoff in your back yard.
New laws could change thewayyouuse
the river. Today you have a chance to
guide the future of the river.
You can help decide
Join the Tukwila Tomorrow meeting:
The future of the
GreenlDuwamish River
'Thursday
February X18,' 1993
6:00 PM.
Dept. of Community Development
6300 Southcenter Blvd.
(Minolta Building)
For more information, contact Ann
Siegenthaler at 431 -3670.
Your ideas about how the river should
change — or not change — are important.
Let us know what you think; mail in
your ideas, or give us a call. Jump into
your river!
Interim Tree Ordinance
passed by Council
An interim tree ordinance regulating tree removal in
sensitive areas was recently passed by the City Council.
The ordinance regulates tree cutting on lots with
sensitive areas such as steep slopes, streams or wet-
lands. To cut trees on lots within sensitive areas, you
will first need to get a tree permit. However, on single -
family lots, you may cut up to four trees that are not in wetlands, streams or their
buffers. For removal of other trees on single - family lots, you will need a tree permit.
Lots which do not have sensitive areas are exempt from the interim tree ordinance.
A permanent tree ordinance is now being drafted for review by the Tukwila Planning
Commission. To find out more about the interim tree ordinance or the permanent
ordinance, please call Ann Siegenthaler at 431 -3685.
INFO TO GO. Find out what will be discussed at upcoming City
Council meetings. Starting Friday February 12th, call the 24 -hour informa-
tion line to hear a recorded meeting agenda... CALL 431 -3656
Council Corner
4ottisq oteeveo
sIP IP
by Steve Lawrence, Council President
Being a City Councilmember is time consuming, sometimes rewarding, sometimes
not, and nearly always interesting. I enjoy having the opportunity to be involved and
to help shape policy. Involvement of citizens in our city government is a great
strength, and I urge all those who might be interested to consider it. We have
numerous commissions and committees that periodically have vacancies. Four seats
on Council, including mine, will be up for election this year.
Citizens who attend Council meetings often have a good deal of impact on how this
city is run. Many of their comments and ideas are acted upon. We welcome and
encourage as many people as possible to come to the meetings. Ifyou aren't available
for evening meetings, call any or all of us to share your ideas. (Our phone numbers
appear On the back page of this Hazelnut.) Written comments are very helpful, too.
Some of the issues we will be deliberating in 1993 include the following:
+ Adoption of final tree ordinance
+ Revision of the adult entertainment ordinance
+ Update of Tukwila's Comprehensive Land Use Plan, Including
a new zoning map
+ Update of the Parks and Open Space Comprehensive Plan
+ Adoption of a Facilities Plan, including decisions on a community center,
fire station and new city hall
+ Consideration of Metro's Regional Transit Plan
+ Decision regarding the proposed expansion of Sea -Tac airport
+ Review and adoption of the annual capital improvement plan and budget
Citizen input and involvement in formulating policy is crucial to our community's
well being. Come join us!
FEBRUARY 1993 3
Community outreach provides
happier holiday for residents
In their largest effort to date, the 1992
Christmas Outreach Program supplied
food and gifts to 61 Tukwila families
(230 people) in need. Spearheaded by
the Tukwila Fire Department, this pro-
gram is supported by City employees,
citizens and business community
members who volunteer time, money
and resources to this worthwhile cause.
The outreach program, headed by vol-
unteer coordinator Ann Keefe, thanks
these and other businesses and organi-
zations who helped make this year's
effort a success:
Associated Grocers •
Bernie & Boys Live Butcher •
Boeing Company • BP Oil •
Cello Bag Company • Costco
Wholesale 4 Crown Cork & Seal •
Duwamish Community Club
• Eagle Hardware • Elliott Bay
Transfer • Exchange Club Of
Highline • Highline Times O
Hometown Hardware •
Larry's Market • Levitz Furniture
• M.A. Segale, Inc. •
Mervyn's Department Store •
N.C. Machinery • Office Depot •
Riverton Campus, Highline Hospital
• S.P.EE.A • Washington Cities
Insurance • State Farm Insurance
Police study 1992 crime statistics
The analysis of Crime in Tukwila for this past year has begun, and the preliminary
figures are both revealing and encouraging. The Police Department was very busy,
answering nearly 35,000 calls for service in 1992, an increase of about 2 %.
The encouraging news is that reported serious crime dropped. By definition, serious
crime is made up of eight offenses: murder, rape, robbery, serious assault, arson,
burglary, theft and auto theft. Tukwila had nearly 3,100 serious offenses reported
to the Department in 1992, which represents a 9% decrease from the previous year.
Up, down, and why
Other highlights include only four reported arson cases this past year, a substantial
reduction from the year before. Another encouraging sign was a dramatic reduction
in the residential burglary rate, which was cut nearly in half.
Many factors contribute to a rise and fall in serious crime. Tukwila Police believe
some of the credit goes to an aggressive patrol force and detective work, a very active
crime prevention program, and perhaps most importantly Block Watch — you, the
citizens, watching out for one another. Although one year of decreasing numbers
is by no means a trend, it does provide hope.
Most agencies now capture data on "hate crimes" — an event or crime with evidence
indicating a motive of prejudice based on race, religion, sexual orientation, physical
or mental handicap, or ethnicity. Unfortunately, there were seven such offenses
recorded in our community last year.
Clearly successful
Lastly, Tukwila Police are very proud to report this past year's overall success, known
in police circles as the "clearance rate." Most agencies keep accurate records on
serious crime, as well as the number of crimes solved ( "cleared "), which are all
reported monthly to the state and the FBI. The national clearance rate averages
about 22 %; the Washington State average is about 23% (about one in five serious
crimes solved. Tukwila's clearance rate came in at 38 %.
This is the report card on your police department. Please join in expressing a "job
well done" to the men and women of Tukwila's PD.
Tukwila looks
north to Burnaby
for ideas
Citizens of Tukwila visited
Canada to see and experience
"SkyTrain ", the elevated light
rail system installed in 1986.
Tukwila is reviewing options
for a high - capacity transporta-
tion system consisting of trains, buses, and high- occupancy vehicle lanes proposed
for the Puget Sound area by Metro. There are concerns about the rail's proposed
location through Tukwila, noise and aesthetic impacts, and overall bus and support
services intended to support the rail.
4
Burnaby, a Vancouver suburb, hosted
the cities of Tukwila and SeaTac. In the
1970's, Burnaby envisioned a mixed -
use center of office, retail, residential,
recreation and transit transfer facilities
among industrial and single- family ar-
eas. The location of a SkyTrain station
at the heart of the proposed redevelop-
ment area has been a significant catalyst
for the realization of their land use goals.
Citizens, elected officials and business
people discussed mutual concerns, and
Tukwila representatives saw first -hand
how a city shapes its tomorrow as pro-
posals become reality through planning.
THE HAZELNUT
Mr. Denny Lensegrav
Manager, Renton Business Office
Puget Sound Power & Light Co.
620 South Grady Way, Bldg. # A
Renton, WA 98055-3225
Ms. Jackie Dempere
4038 South 128th Street
Tukwila, WA 98168
Ms. Libby Soden
Urban Forester, City of Everett
Dept. of Parks & Recreation
3002 Wetmore
Everett, WA 98201
Sue Evans
News Room
Highline Times
207 S.W. 150th Street
Burien, WA 98166
Audubon Society
8028 35th Avenue N.E.
Seattle, WA 98115
Tina Melton
Forester
South Central Service Center
fa 07,1, .r.?tts::4rP.Ntl.:,.
Mr. William H. Lampman
Division Forester
Puget Sound Power & Light Co.
620 South Grady Way, Bldg. # A
Renton, WA 98055-3225
Ms. Pamela J. Yorozu
Landscape Architect
U.S. Army Corps of Engineers
P.O. Box C-3755
Seattle, WA 98124
Me.LeRoy A. Bowen
Commercial/Industrial Real Est.
Park Ridge Building, Suite # 7
15215 52nd South
Seattle, WA 98188
Eric Stockdale
Resource Planning
K.C. Bldg. & Land Development
3600 136th Place S.E.
Bellevue, WA 98006
Associated Builders &
Contractors of Washington
11911 N.E. First, Suite 308
Bellevue, WA 98005
Puget Sound Power & Light Company
(206) 277-4958, Cellular (206) 947-3064
Ms. Shelley Farber
Department of Natural Resources
234 East Eighth Avenue
P.O. Box 47046
Olympia, WA 98504-7046
Mr. Todd Jacobs
Planning Department
City of Seattle
600 Eighth Avenue Room # 200
Seattle, WA 98104
Mr. Leonard Saari
Valley Daily News
14317 S.E. 170th Street
Renton, WA 98058
Ms. Sarah Skoglund
South K.C. Chamber of Commerce
P.O. Box 58591
Seattle, WA 98138
City of Tukwila
Department of Public Works
July 1, 19:2
John W. Rants, Mayor
FR: Ro -' ' ' arnst •
TO: Ri k Beeler
RE: Tree Ordinance Comments and Concerns.
�,s-4, Earnst,,P. E., Director
i JL IL,L'�'i
. ,!U` 0 2 1992
CITY o1- ; :W: LA
PLANNING DF:P
Per your request, we have reviewed the Draft Tree Ordinance and
developed a list of comments and concerns. As the draft
ordinance now. stands, Public Works must issue a strong statement
of non - concurrence. In spite of our concerns, we look forward to
working with you to arrive at an acceptable set of guidelines for
the preservation of trees in Tukwila. We believe that trees
represent a "quality of life" attribute for the citizens of
Tukwila and wish to do our part to preserve them in accordance
with the Mayor's directive.
Therefore, please accept the following comments in the
constructive air in which they are presented and do not hesitate
to contact me if you have any questions regarding their meaning.
Section(s) Comments
t/ Preambles -
/1.3 6; G�
necteaVv a4 d
�
Dfr ' w 0-2,- •
Oeu ne44 -u rA .1/.
ed
iP/44'Lwee.J.4 76
v 2.1.D.
2.1.F ,U-v,
This Ordinance should include repealing provisions
for the other TMC sections currently in effect
which deal specifically with trees.
The definition for "Mean high water mark" should
also include the Duwamish River, however, in the
base of the Duwamish, the 9000 cfs indicator is
not valid due to the tidal influences in the
river.
The definition for "essential root zone" is
arbitrary in that it does not account for the
differences between fibrous vs. tap root systems.
Who will decide whether a tree is "hazardous"? --�.
.This Ordinance should provide exemptions for �` H sesi
Public Works and Utility' projects provided the
intent of the provisions in the Ordinance is met.
Esc a- . fz4 This can be assured through administrative
a ai on -Ili. procedures and policies outlining the review and
pTanning processes for public improvements.
`` 3.3 & A' . Permit application materials listed in this
section are "required ". This contradicts the
.� � G �� L'�s L waiver of permit materials stated in section 3.4.
v%107' GGiGI7LL.f /%%! !' / 7 G-zwas41P1 G„r-eCe
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: (206) 433 -0179 • Fax (206) 431 -3665
Tree Ordinance Comments
PAGE TWO
7/1/92
Section(s)
Comments
3.3.A. ND, The requirements to show ri in s of trees.and
other vegetation in relation to utilities and
/6c ..4 /s
existing structures ought to be limited to those
74 `0 trees not being_ roposed for relocation or
Slvw �n� , removal. In addition, the costs of mapping the
Z4,4;75.- P
Go�,�ibnd' fz
/.1010
moss.
/ vegetation is likely to be quite costly.
his' ��' Currently, this type of detail (horizontal
�yvcs vs� Ac� /location is only for those trees which
�� >oj�d f� •�� r�szrax-� ) Y provided
be removed during construction. We also do
/Of , o not currently provide landscape plans for any
/ residential street projects.
lines and locations of trees and other
3.3. General
The cost impacts for project design were estimated
using 40 -42nd Street Improvements as an example to
yield the following figures per tree:
Field survey of existing trees
7 Locations w /respect to utilities
Development of Design Alternatives
....for Changes in Alignment
....utilizing retaining walls
....relocating trees
Certified Arborist's Recommendations
s
71��/�
L
,
Ye , 57.9a azri=
,mod C•cN-
riZioco
✓3.8.A.
yGC /.e
•, /iZo /zed
Coss "
$50.00
$75.00
$250.00
$250.00
$50.0a
$100.00
The estimates above indicate that this ordinance/
will result in additional design costs o
per tree. When considering a project like -
42nd, where trees occur approximately one in every
fifty lineal feet, the project design costs are
estimated at over $163,000. This represents an
increase of over 30% for this particular project's
design costs.
774,.k
mess
The costs for constructkon._Df_theprotection
measures and landscape improvements have not been
estimated due to the uncertain nature of what will
be required following review. The costs to the
City due to the increased time to complete design
of street projects was also not included nor were e ih
the increased costs due to the right -of -way needed 5,h s
to accommodate trees. &55Q
The requirement for "canopy cover" is very
confusing. If the requirement means that we are
to replace the existing canopy with trees of
plantable size, then the numbers of trees will be
many times more than the number of trees required
Tree Ordinance Comments
PAGE THREE
7/1/92
Section(s)
Comments
3.8.A (cont.)
3.8.B. /(l0.
% / /`�
s�x Gri'i2G ?
/3.8.F.
to replace the canopy once the trees have reached
maturity. A clarification of the term "final"
would help with this issue but even then it would
be nearly impossible to assure that the canopy
cover is restored to the pre - project level.
The requirements for tree and or understory
vegetation retention /removal /replacement is at
best impractical for street projects, especially
when considering that the "essential root zone"
4 t ds 10' beyond the "dripline" . — S'✓ �j �s Ge 7lee
"best l S`- �i %G�i7.GG =we • ,f4..pdf7i)fc.G.SL
Tree relocation according to management ��
practices" means we will be shooting at a moving a=f 72 -
target. This has cost implications for all our
projects in that we will not know up front what
the design standards are. —
4.2.A -D. 'W- The enforcement of this ordinance for public
r?improvement projects could cost the City
x `� u. � / -considerable money for claims related to delays,
c :ea i.al�G ✓�' , outside the control of the contractor. Also, it
is possible that there will be conflicts amongst
inspectors representing the City's interests on
4r.‘,:/,--.,the fir construction of the project vs. those
ez4Z - /t1f nspecting the tree aspects of the project. . D�Gv/7ID ,�G q„, /
�'°7GW B�G� ff 7ZEG ZP ✓` 4,n 6ir '�f + LGC
u ,
The Public Works Department strives to control costs of public
improvements and produce needed projects in a timely and
effective manner. We see this Ordinance as a costly and time -
consuming effort which could be facilitated through
administrative cooperation rather than legislated standards. We
recognize that trees are important to the citizens of Tukwila and
will comply with the provisions of this Ordinance if required to
do so. We are obligated, however, to make the Mayor fully aware
of the implications of these requirements from the standpoint of
both costs and the time required to carry a project from the
conceptual stage through construction.
Please contact me to set up a time when we can discuss these
comments in more detail.
rn^; ca'.^. r .3r.s „rr.::rs._v'.`[c;.,.._re.;
Arthur Lee Jacobson
2215 East Howe Street
Seattle, Washington 98112, USA
(206) 323 -0179
4714,
Ci ; toff- z-zar -c. //rCts)
October 30th, 1992
Dennis Robertson
c% Tukwila City Council
6200 Southcenter Blvd.
Tukwila, WA 98188
RECEIVED
DEC - 11992
COMMUNITY
DEVELOPMENT
Here is some feedback on Tukwila's 8/20/'92 draft Ordinance covering tree and vegetation clearing. After I studied
its fifteen pages, making a few notes, I found it proper in scope, and generally carefully done. Some fine- tuning
will increase its clarity. While its legal wording may be adequate, a developer using it will be angered or puzzled
by portions that are too vague. Moreover, certain developers may sooner risk a $5,000 penalty than endure the
constraints ordained. Below I cite a few suggested improvements.
Section 1.1 A
Change the word "certain" to "adverse."
Section 1.3
Change the `Tree” definition so it will not be so inclusive of shrubby growth. Salmonberry bushes can grow to
meet the present definition. Better to say 4" dbh and 15' tall.
Section 3.8 B 3
Spell out examples of good vegetation removal practices such as: minimal earth - compaction; mulching newly
denuded areas; minimal root - cutting; making clean cuts of limbs rather than ripping off as much with bulldozer
blades.
Section 3.8 C 1
The statement "tree protection measures shall meet or exceed current standards of professional arboriculture," is
open to interpretation. Arboriculture is legally nothing but a fancy name for tree care, and anyone can obtain a
general business license, and without further ado proclaim himself an arborist. Most tree care companies and
landscape maintenance companies do not meet the quality standards that we should expect them to. Specify
therefore adherence to the National Standards for Tree Care Operations of the American National Standards
Institute --or somehow be more explicit as to what is required.
Tree Ordinance, page 2
Section 3.8 D 3
The misspelling " landsaping" is horribly apropos, because many currently "acceptable" landscaping procedures
do indeed sap the land. Over - watering, over - fertilizing, overusing pesticides, and planting of ill- adapted species
are common problems. Amend this vague paragraph with specific requirements, such as "if any trees are staked,
the ties shall be removed after a year."
Section 3.8 E
Specify what time of year is best, or tell developers whereesuch information is to be obtained.
Sectioii'3.10 C
Why is the permit valid for only 180 days? This seems unnecessarily restrictive.
Section 5.2
The $5,000 fine is too small to deter certain developers. Big fish require big hooks.
Much of the value of this ordinance will depend on the Director chosen. Knowledge about trees and construction
impacts is vital. Very frequently trees are saved on project sites, only to die soon after, because their roots were
injured by new moisture conditions, lack of oxygen, infection by rot, etc. The Director must realize, for
example, that sometimes saving existing trees is ultimately less beneficial than planting proper mixes of
replacement vegetation. Surely the Director can make available to developers lists and guidelines that clearly
state what is acceptable and what is not.
Best wishes! Please let me know if additional information is sought. Thank you.
014),,,„
City of Tukwila
Ms. Ann Siegenthaler
6300 Southcenter Blvd
Tukwila, WA 98188
November 9, 1992 RECEIVED
Subject: Tukwila Tree Ordinance - DRAFT
Dear Ms. Siegenthaler:
This letter is intended to respond to the recent Tukwila Tree
Ordinance DRAFT. Puget Power is very pleased the City of Tukwila
considered electrical utilities in the ordinance. Your
consideration allows us the ability to maintain our facilities and
provide safe, reliable service to our customers.
The following are our comments relating to the draft ordinance:
1. Definitions - Hazardous Trees
The definition of Hazardous Tree is somewhat vague.
If the definition is not made more specific, we suggest that under
Exemptions Section II, Item D, it state that a Certified Arborist
is required to identify all hazardous trees prior to removal in
cases of routine maintenance.
NOV 1 0 1992
COMMUNITY
DEVELOPMENT
2. Exemptions Section II, Item G - Construction of street and
utilities within City approved rights -of -way and /or easements.
Puget Power is required to maintain its facilities and provide
safe reliable service to all classes of customers. A major part
of our Vegetation Maintenance Program is tree trimming and /or tree
removal. This is trimming or removal is particularly necessary
near transmission and distribution power lines and allows us to
operate effectively.
We suggest that Item G be revised to read the following:
Construction and Maintenance of street and utilities within City
approved rights -of -way and /or easements.
Should you have any further questions regarding the above, please
contact Ms. Tina Melton at 277 -4958 or myself at 277 -4917.
Sincerely yours,
The Energy Starts Here®
Puget Sound Power & Light Company 620 South Grady Way P.O. Box 329 Renton, WA 98057 -0329 (206) 255 -2464
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COMMUNITY
DEVELOPMENT
REEVED
OCT 2 1992
COMMUNITY
DEVELOPMENT
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Draft Tree Ordinance, 10/15/92
Page 5
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IrAc
SECTION III. GENERAL PERMIT PROVISIONS
:CEIVED
NOV 0 61992
COMMUNITY
DEVELOPMENT
3.1 MANDATORY STANDARDS
All removal of trees and understory vegetation shall be
undertaken in accordance with the mandatory standards
specified in Section III of this Ordinance.
3.2 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 Section II
of this Ordinance.
3.3 PERMIT APPLICATION MATERIALS
The following materials are required to obtain
Clearing Permit:
A. Site Plan of the proposal, showing:
• Dripline of existing trees and vegetation in
relation to proposed and existing
structures and utility lines;
• All trees to be removed and /or relocated;
• Existing and proposed topography of the site
at two foot contour intervals;
• Limits of any Sensitive Area and Sensitive
Area buffer, and mean high water mark of
the river.
B. Landscape Plan for the proposal showing:
• Quantities and sizes of replacement
trees /vegetation to be used to replace
vegetation cleared;
• All. trees and vegetation to be retained;
• Proposed vegetation protection measures;
• Anv other measures proposed to restore the
a Tree
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A,�
; ; City of Tukwila
•
1908.
r :ntA'r. ♦.f.d
6200 Southcenter Boulevard • Tukwila, Washington 98188 John W. Rants, Mayor
City of Tukwila
PUBLIC HEARING NOTICE
Notice is hereby given that the City of Tukwila Planning Commission will be holding a public
hearing on November 12, 1992 at 7:00 p.m. in the Council Chambers located at 6200
Southcenter Blvd. to discuss the following:
PLANNING COMMISSION PUBLIC HEARING
CASE NUMBER: L92 -0078: Draft Tree Ordinance
APPLICANT: City of Tukwila
PROPOSAL: A draft tree ordinance to provide standards for removing, saving and
replanting trees. For certain land use activities, the draft ordinance
establishes a minimum site area to be covered by trees. The draft
exempts developed single - family lots and City street projects. Projects
which remove more than four trees will require a City tree removal
permit.
LOCATION: City -wide.
Persons wishing to comment on the above item may do so by written statement or by
appearing at the public hearing. Written comments may be mailed to the City of Tukwila,
Planning Division, 6300 Southcenter Blvd., Tukwila, WA 98188.
Information on the above case may be obtained at the City of Tukwila Planning Division
(206) 431 -3670. The City encourages you to notify your neighbors and other persons you
:believe would be affected by the proposed ordinance.
Published: Seattle Times: November 3, 1992 and November 8, 1992
Distribution: Mayor, City Clerk, Property Owners, File.
Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833
City of Tukwila
John W. Rants, Mayor
Department of Community Development
City of Tukwila
PUBLIC HEARING NOTICE
Rick Beeler, Director
Notice is hereby given that the City of Tukwila Planning Commission will be holding a public
hearing on October 22, 1992 at 7:00 p.m. in the Council Chambers located at 6200
Southcenter Blvd. to discuss the following:
PLANNING COMMISSION PUBLIC HEARING
CASE NUMBER: L92 -0078: Draft Tree Ordinance
APPLICANT: City of Tukwila
PROPOSAL: A draft tree ordinance to provide standards for removing, saving and
replanting trees. For certain land use activities, the draft ordinance
establishes . a minimum site area to be covered by trees. The draft
exempts developed single- family lots and City street projects. Projects
which remove more than four trees will require a City tree removal
permit.
LOCATION: City -wide.
Persons wishing to comment on the above item may do so by written statement or by
appearing at the public hearing. Written comments may be mailed to the City of Tukwila,
Planning Division, 6300 Southcenter Blvd., Tukwila, WA 98188.
In addition, there will be an Open House where City staff will answer questions on the draft.
The Open House is scheduled for October 15, 1992 from 5:00 p.m. to 7:00 p.m., at
Conference Room #1; 6300 Southcenter Blvd. (next to City Hall).
Information on the above cases may be obtained at the City of Tukwila Planning Division
(206) 431 -3670. The City encourages you to notify your neighbors and other persons you
believe would be affected by the proposed ordinance.
Published: Seattle Times: October 11 and 18, 1992
Distribution: Mayor, City Clerk, Property Owners, File.
6300 Southcenter Boulevard, Suite 11100 • Tukwila, Washington 98188 • (2061313670 • fax (206) 431-3665
4
REE ORDINANCE
c
017-17iN, MC MAILING LIST (Add to other names on file)
DATE
NAME /COMPANY /ADDRESS
NAME /COMPANY /ADDRESS
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City of Tukwila
John W. Rants, Mayor
Department of Community Development
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Rants
Rick Beeler, DC
August 3, 1994
Interim Tree Ordinance
Rick Beeler, Director
When the Interim Tree Ordinance (Ordinance No. 1659) was adopted January 18, 1993,
an expiration date was not set per RCW 35A.63.220 (Moratoria, interim zoning controls -
Public hearing - Limitation on length). The RCW requires interim regulations exist for
no longer than either six months. Ordinance No. 1659 specifies no specific time period
for expiration, thereby conflicting with the RCW.
Attached is a draft Interim Tree Ordinance that contains a six month expiration date.
This ordinance is on the August 8 Committee of the Whole agenda for discussion and is
tentatively scheduled for a public hearing, and adoption, on August 22.
The attached draft ordinance also contains some revisions of Ordinance No. 1659, which
are the result of staff experience with administering Ordinance No. 1659. Those
revisions are indicated in strikeovers (deletions) or are highlighted (additions). Some
explanatory "notes" are included for information and will be deleted from the final
ordinance.
.Because this ordinance adopts interim regulations, no hearing by the Planning
Commission is required. However, the permanent regulations will require the
Commission's action.
Staff is requesting guidance from the COW on the final wording of the interim ordinance
for preparing for the August 22 public hearing. This is a legislative matter, therefore, the
Council is free to discuss it with anyone.
tpo.mem
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 4313665
City of Tukwila John W. Rants, Mayor
Department of Community Development Rick Beeler, Director
MEMORANDUM
TO: The Planning Commission
FROM: Ann Siegenth r, ept. of Community Development
RE: Alternative Tree Clearing & Landscape Amendments
DATE: December 10, 1992
BACKGROUND
The City Council has identified a need for new regulations which would reduce the loss
of trees in Tukwila due to development. On October 22 and November 12, 1992, the
Planning Commission discussed a Draft Tree Ordinance (10/15/92), prepared by staff in
order to address the Council's concerns. The Planning Commission recommended denial
of this Draft. The Planning Commission expressed a desire to achieve a better balance
between preserving trees and replacing trees. .Staff was asked to identify ways to
incorporate tree clearing and planting objectives into existing Tukwila ordinances.
On November 23, 1992, the City Council discussed briefly whether an independent tree
ordinance might be a more effective way to achieve tree protection goals than
amendments to existing ordinances. No decision was made on the best form; rather, the
Council asked that the Planning Commission provide recommendations on alternative
approaches.
TREE PROTECTION AND PLANTING UNDER EXISTING ORDINANCES
Under existing Tukwila ordinances, permits are required for most development activities.
The Land Altering Ordinance, Uniform Building Code, Subdivision .Ordinance, and
Shoreline regulations require permits prior to development. Vegetation clearing is
exempt from the permit requirements of these. ordinances. The Sensitive Areas
Ordinance has no permit requirements. Thus, no process exists which can be used to
control vegetation clearing.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431-3665
Planning Commission 12/15/92
Alternative Tree Clearing and Landscape Amendments
Page 2
Currently, the only ordinances which address tree planting are the Subdivision Ordinance
and the Sensitive Areas Ordinance. These provide a few standards for tree replacement.
However, these standards are incomplete, and are not applicable to all land use activities.
Given these deficiencies, a strategy for addressing vegetation clearing must include 1) a
permit process, and 2) standards used to approve or deny the permit. The discussion
below provides the basis for an evaluation of how well existing ordinances . could
accommodate a permit process and planting standards.
ORDINANCE AMENDMENTS - ALTERNATIVES DISCUSSION
In response to the Planning Commission's direction, below is a discussion of possible
amendments to existing ordinances which would provide for a tree removal permit process
and provide standards for tree replanting.
A. SENSITIVE AREAS ORDINANCE (SAO)
There are approximately 96 acres of land in Tukwila which are classified as wetlands,
streams, and steep slopes (7/92 inventory). The Sensitive Areas Ordinance (SAO) does
not, in many cases, protect vegetation in these areas (TMC 18.45). In wetlands and
streams, "maintenance and repair" is allowed, provided there is no "alteration" of the
sensitive area. Thus, tree clearing may be allowed as maintenance and repair, as
"alteration" is not defined. Standards in the SAO are not applicable to vegetation clearing
unless clearing is associated with a building permit (definition of "development ")(TMC
18.45.080). For wetlands and streams, standards do not address tree removal or
replacement.
SAO does not prohibit vegetation clearing on slopes. Slope vegetation may be cleared
if a geotechnical report,concludes that slope stability is not jeopardized (TMC 18.45.080).
However, trees and shrubs can usually be removed without de- stabilizing a slope; a
geotechnical report is not required unless clearing is associated with a building permit
(definition of "development ") (TMC 18.45.040).
Replanting of trees is not required unless clearing is associated with a building permit or
Planned Residential Development. The SAO does not provide for documentation of
impacts on trees, such as a report by an arborist or tree survey.
Planning Commission 12/15/92
Alternative Tree Clearing and Landscape Amendments
Page 3
Alternatives:
• Amend the Sensitive Areas Ordinance to clarify clearing restrictions and
replanting standards. Add a permit process to SAO.
• Amend the Land Altering Ordinance to restrict clearing, and add replanting
standards to the Zoning Code landscape requirements (see Items E and F below).
B. SHORELINE REGULATIONS
Tukwila Shoreline zone regulations do not protect vegetation along the river (TMC
18.44). Clearing vegetation in the shoreline area requires a Shoreline Development
Permit. However, under this Permit, clearing is allowed in the shoreline area, including
along the riverbank (TMC 18.44.110(4)). Tree planting along the shoreline is not
required.
Alternatives:
• Amend Shoreline regulations, in conjunction with the Shorelines Master Program
update in Comprehensive Plan (to be reviewed by Planning Commission in 1994).
• Amend Land Altering Ordinance to restrict clearing, and add replanting standards
to Zoning Code landscape requirements (see Items E and F below).
C. SUBDIVISION ORDINANCE
The Subdivision Ordinance establishes a permitting process and standards for short plats,
large residential subdivisions, and commercial subdivisions (TMC Title 17). The
Ordinance's goals include preserving trees and vegetation (17.20.010). In addition, "every
reasonable effort shall be made to preserve existing trees and vegetation...by preparing
a tree inventory of the significant vegetation on site..." (TMC 17.20).
All residential subdivisions must provide "at least one tree in the front yard..." (TMC
17.24.040(h)). Subdivisions of five or more lots must include a tree "retention /removal
plan which assures the preservation of significant trees and vegetation"
Planning Commission 12/15/92
Alternative Tree Clearing and Landscape Amendments
Page 4
(TMC 17.12.030(b)). Under the SAO, subdivisions on steep slopes must be landscaped
to provide downslope screening of structures and roads.
While the Subdivision regulations require protection of significant trees and tree
replanting, virtually no standards are provided to guide the site planning process. Also,
no definition is given for "significant trees and vegetation." The Subdivision Ordinance
does not prevent tree clearing prior to application for a permit.
Alternatives:
• Amend the Subdivision Ordinance to restrict clearing and to provide standards for
tree protection and replanting.
• Amend the Land Altering Ordinance to restrict clearing, and add standards to the
Zoning Code landscape requirements (see Items E and F below).
D. BOARD OF ARCHITECTURAL REVIEW (BAR)
The Zoning Code Board of Architectural Review (BAR) criteria include criteria for
"landscape and site treatment" (TMC 18.60.050, attached). However, the guidelines do
not specify that trees and shrubs should be included in the "landscaping," nor are
standards (e.g. minimum size) specified. Landscaping for projects undergoing design
review is discretionary.
Alternatives:
• Amend BAR criteria to require trees and provide standards.
• Add standards to the Zoning Code landscape requirements (see Item F below).
E. LAND ALTERING ORDINANCE (LAO)
The Land Altering Ordinance (LAO) establishes a process for permitting and evaluating
activities which disturb the earth's surface (i.e. grading activities) (TMC 16.54). It does
not prevent vegetation removal. No permit is required to grade areas less than
Planning Commission 12/15/92
Alternative Tree Clearing and Landscape Amendments
Page 5
6,000 s.f. in size, to grade any size area where grading is less than five feet deep and
moves less.than 50 cubic yards, or to grade in areas zoned Agricultural (241 acres in 7/92
inventory).
There are approximately 781 acres of vacant land in Tukwila where the SAO does not
protect vegetation (7/92 inventory). Tree removal in these areas could be addressed by
using the existing permit process in the LAO. However, this alternative would have
impacts on the work load of the Public Works Department, which currently has
responsibility for administering the LAO.
Alternatives:
• Expand LAO to address vegetation clearing.
• Amend SAO, shorelines regulations and Subdivision Ordinance to restrict
vegetation clearing.. Add a permit process to SAO.
F. ZONING CODE LANDSCAPE REQUIREMENTS
The Zoning Code landscape requirements specify landscape buffer widths for new
projects (TMC 18.52, attached). However, planting of trees and shrubs is not required.
No landscaping is required along the side and rear yards in industrial zones, and along
rear yards in commercial zones. Landscaping is not required for re- development of
existing projects which have no landscape buffers, unless there is change in use or
structure.
Alternatives:
• Amend Zoning Code landscape requirements to provide standards for all types'
of sites.
• Amend SAO, Shorelines regulations, Subdivision Ordinance, and BAR criteria to
provide landscape standards.
Planning Commission 12/15/92
Alternative Tree Clearing and Landscape Amendments
Page 6
SUMMARY
Amendments to any one ordinance would not address tree clearing and planting for all
land use activities. For example, amending only the Zoning Code landscape requirements
would not restrict vegetation clearing. Amending the LAO would not provide necessary
standards for tree planting. To achieve the Planning Commission's objectives, a
combination of amendments would be needed.
The three most effective strategies for tree protection and replanting in Tukwila are:
1. Amend the LAO & Zoning Code landscape requirements: This
alternative would address all types of vegetation clearing in all zones. Any
desired standards /goals for tree protection, replacement and planting can
be incorporated into this framework. Amendments to the LAO would
require joint review of some permits by Public Works Department and the
Department of Community Development. Code enforcement would also
require shared responsibility between City departments.
2. Amend the SAO. Shorelines, Zoning Code landscape requirements: This
alternative would address vegetation clearing in two important areas
currently without protection: steep slopes and shorelines; vegetation
clearing elsewhere would not be addressed. A permit process would need
to be added to the SAO. Standards for tree protection, replacement and
planting can be incorporated into each of these ordinances.
3. Draft an independent Tree Ordinance. As with Alternatives #1 and #2,
this alternative would require the development of tree protection,
replacement and replanting goals and standards. Permit requirements
would be independent of the LAO or SAO. However, all LAO and SAO
permits still would need to be reviewed for compliance with tree goals and
standards.
Based on the Planning Commission's decision on the above alternatives, staff will prepare
recommendations on the specific wording of amendments.
Chapter 18.60
BOARD OF ARCHITECTURAL REVIEW
Sections:
18.60.010
18.60.020
18.60.030
18.60.040
18.60.050
18.60.060
18.60.070
Purpose and objectives.
Membership.
Scope of authority.
Application requirements.
Review guidelines.
Special review guidelines for Interurban
special review area.
Action by Board of Architectural Review.
18.60.010 Purpose and objectives.
It is the purpose of this chapter to provide for the
review by public officials of land development and
building design in order to promote the public health,
safety and welfare. Specifically, the Board of Architec-
tural Review ( "BAR ") shall encourage well designed
developments that are creative and harmonious with
the natural and manmade environments.
(Ord . 1247 §1(part), 1982)
18.60.020 Membership. •
The Board of Architectural Review shall consist of
the members of the Planning Commission. The offi-
cers of the Planning Commission shall also sit as
officers of the Board of Architectural Review.
(Ord 1247 §1(part), 1982)
18.60.030 Scope of authority.
(1) The rules and regulations of the .Board of
Architectural Review shall be the same as those stated
for the Planning Commission in the bylaws of the
Tukwila Planning Commission. The Board shall have
the authority to approve, approve with conditions, or
deny all plans submitted to it using guidelines in
Section 18.60.050.
(2) The Board of Architectural Review shall
review proposed development plans for the following
described land..use actions:
(A) All developments will be subject to
design review with the following exceptions:
(i) Developments in R -A and R -1 dis-
(ii) Developments less than ten thou-
sand gross square feet of building area in P-O, C -1, C -2,
C -P and C -M districts, except when within three hun-
dred feet of residential districts or within two hundred
feet of the Green/Duwamish River or that require a
shoreline permit,
(iii) Developments An M -1 and M -2
districts except when within three hundred feet of res-
idential districts or within two hundred feet of the
Green /Duwamish River or that require a shoreline
permit;
tricts,
(B) Any exterior repair, reconstruction,
cosmetic alterations or improvements, the cost of
which equals or exceeds ten percent of the building's
assessed valuation, of any existing commercial devel-
opment in excess of ten thousand gross square feet in
building floor area in P -O, C -1, C -2, C -P and C -M zoning
districts.
(Ord 1497 §2, 1989; Ord 1481 §2(J), 1988; Ord. 1452
§1, 1988; Ord 1447 §1, 1988; Ord 1247 §1(part), 1982)
18.60.040 Application requirements.
Applications for review by the Board of Architec-
tural Review must be submitted to the Planning
Department at least two weeks prior to the meeting of
the Board of Architectural Review.
Building permits shall not be granted until approval
of plans by the BAR. All applications shall be accompa-
nied by a filing fee as required in Chapter 18.88, and
shall include but are not limited to site plans, exterior
building elevations, the environmental checklist if
applicable, and other materials as required by the
Planning Department.
(Ord 1247 §1(part), 1982)
18.60.050 Review guidelines.
In reviewing any application, the following guide-
lines shall be used by the BAR in its decision making:
(1) Relationship of Structure to Site.
(A) The site should be planned to accom-
plish a desirable transition with the streetscape and to
provide for adequate landscaping, and pedestrian
movement;
.(B) Parking and service areas should be
located, designed, and screened to moderate the visual
impact of large paved areas;
(C) The height and scale of each building
should be considered in relation to its site.
(2) Relationship of Structure and Site to Adjoin-
ing Area.
(A) Harmony in texture, lines, and
masses is encouraged;
(B) Appropriate landscape transition to
adjoining properties should be provided;
(C) Public buildings and structures should
be consistent with the established neighborhood
character,
(D) Compatibility of vehicular pedestrian
circulation patterns and loading facilities in terms of
safety, efficiency and convenience should be encour-
aged;
(E) Compatibility of on -site vehicular cir-
culation with street circulation should be encouraged;
(3) Landscape and Site Treatment.
(A) Where existing topographic patterns
contribute to beauty and utility of a development, they
should be recognized and preserved and enhanced;
Page 18-62
(B) Grades of walks, parking spaces, ter-
races, and other paved areas should promote safety and
provide an inviting and stable appearance;
• (C) Landscape treatment should enhance
architectural features, strengthen vistas and important
axes, and provide shade;
(D) In locations where plants will be sus-
ceptible to injury by pedestrian or motor traffic, mitigat-
ing steps should be taken;
(E) Where building sites limit planting, the
placement of trees or shrubs in paved areas is encour-
aged;
(F) Screening of service yards, and other
places which tend to be unsightly, should be accom-
plished by use of walls, fencing, planting or combina-
tions of these. Screening should be effective in winter
and summer;
(G) In areas where general planting will
not prosper, other materials such as fences, walls, and
pavings of wood, brick, stone, or gravel may be used;
(H) Exterior lighting, when used, should
enhance the building design and the adjoining land-
scape. Lighting standards and fixtures should be of a
design and size compatible with the building and adja-
cent area. Lighting should be shielded, and restrained
in design. Excessive brightness and brilliant colors
should be avoided.
(4) Building Design.
(A) Architectural style is not restricted;
evaluation of a project should be based on quality of its
design and relationship to surroundings;
(B) Buildings should be to appropriate
scale and be in harmony with permanent neighboring
developments;
(C) Building components, such as win-
dows, doors, eaves, and parapets should have good
proportions and relationship to one another. Building
components and ancillary parts shall be consistent with
anticipated life of the structure;
(D) Colors should be harmonious, with
bright or brilliant colors used only for accent;
(E) Mechanical equipment or other utility
hardware on roof, ground or buildings should be
screened from view;
(F) Exterior lighting, should be part of the
architectural concept. Fixtures, standards and all ex-
posed accessories should be harmonious with building
design;
(G) Monotony of design in single or mul-
tiple building projects should be avoided. Variety of
detail, form, and siting should be used to provide visual
interest.
(5) Miscellaneous Structures and Street Furni-
ture.
(A) Miscellaneous structures and street
furniture should be designed to be part of the architec-
tural concept of design and landscape. Materials should
be compatible with buildings, scale should be appro-
priate, colors should be in harmony with buildings and
surroundings, and proportions should be to scale;
(B) Lighting in connection with miscella-
neous structures and street furniture should meet the
guidelines applicable to site, landscape and buildings.
(Ord 1247 §?(part), 1982)
18.60.060 Special review guidelines for Interurban
special review area
(1) Purpose of Review. Owing to its unique
physiography, the presence of natural amenities and
recreational facilities, the historical relevance of the area
to the community, and the contemplated future mix of
residential, commercial, industrial, and public land
uses, the Interurban area requires a special approach for
coordinated planning and land use management. In
order to manage the development of this area, to
upgrade its general appearance, to provide incentives
for compatible uses, to recognize and to capitalize on
the benefits to the area of the amenities including the
Green River and nearby recreational facilities, to
encourage development of more people- oriented use,
and to provide for development incentives that will
help to spur growth; there shall be special review of
proposed development in the Interurban area.
(2) Interurban Special Review District. As
used in this section, the Interurban area is that area
lying between I -405 on the south, the toe of slope to
the west of Interurban Avenue, 1 -5 on the north, and
the City limits on the east, as shown on Map 3 entitled
"Interurban Special Review Area." (See Figure 18 -9.)
(3) Authority and Scope of Review. All devel-
opment in the Interurban special review area, exclud-
ing single- family dwellings, shall be reviewed by the
Board of Architectural Review. In addition to the
review guidelines specified in Section 18.60.050 of this
Code, the BAR shall utilize the guidelines specified in
subsections (4) and (5) below in its review.
(4) Special Review Guidelines Applicable to
All Proposed Developments. In the review of pro-
posed development in the Interurban special review
district, the BAR shall use the following guidelines in
order to ensure that the intent of subsection (1) is
accomplished:
(A) Proposed development design should
be sensitive to the natural amenities of the area;
(B) Proposed development use should
demonstrate due regard for the use and enjoyment of
public recreational areas and facilities;
(C) Proposed development should pro-
vide for safe and convenient on -site pedestrian circula-
tion;
(D) Proposed property use should be
compatible with neighboring uses and complementary
to the district in which it is located;
(E) Proposed development should seek to
minimize significant adverse environmental impacts;
n ... ,. +C) r_n
TUKWILA MUNICIPAL CODE
under this section shall conform strictly to the plans
approved by the BAR in its grant of exception.
(Ord 1247 §1(part), 1982)
18.50.070 Yard regulations.
(1) Fences, walls, poles, posts, and other cus-
tomary yard accessories, ornaments, furniture may be
permitted in any yard subject to height limitations and
requirements limiting obstruction of visibility to the
detriment of public safety.
(2) In the case of through lots, unless the pre-
vailing front yard pattern on adjoining lots indicates
otherwise, front yards shall be provided on all
frontages.
(3) Where the front yard that would normally
be required on a lot is not in keeping with the prevail-
ing yard pattern, the Planning Department may waive
the requirement for the normal front yard and substi-
tute therefor a special yard requirement which shall
not exceed the average of the yards provided on
adjacent lots.
(4) In the case of comer lots, a front yard of the
required depth shall be provided in accordance with
the prevailing yard pattern, and a second front yard of
half the depth required generally for front yards in the
district shall be provided on the other frontage.
• (5) In the case of comer lots with more than
two frontages, the Planning Department shall deter-
mine the front yard requirements, subject to the
following conditions:
(A) At least one front yard shall be
• provided having the full depth required generally in
the district;
(B) No other front yard on such lot shall
have less than half the full depth required generally;
(C) In the case of through lots and comer
lots, there will be no rear yards but only front and side
yards;
(D) In the case of through lots, side yards
shall extend from the rear lines of front yards required.
In the case of corner lots, yards remaining after full and
half -depth front yards have been established shall be
considered side yards. (See Figure 18 -7)
(Ord 1247 §1(part), 1982)
18.50.080 Exemption of rooftop appurtenances.
The height limitations specified in this chapter shall
not apply to church spires, monuments, chimneys,
water towers, elevator towers, mechanical equipment,
and other similar rooftop appurtenances usually
required to be placed above the roof level and not
intended for human occupancy or the provision of
additional floor area; provided, that mechanical equip-
ment rooms or attic spaces are set back at least ten feet
from the edge of the roof and do not exceed twenty
feet in height.
• (Ord 1247 §I (part), 1982)
Chapter 18.52
LANDSCAPE AND RECREATION
SPACE REQUIREMENTS
Sections:
18.52.010
18.52.020
18.52.030
18.52.040
18.52.050
18.52.060
Purpose.
Landscaping requirements by zone district.
Special landscape requirements.
General landscaping and screening
requirements.
Landscape plan requirements.
Recreation space requirements.
18.52.010 Purpose.
The purpose of this chapter is to establish mini-
mum requirements for landscaping to promote safety,
to provide screening between incompatible land uses,
to mitigate the adverse effects of development on the
environment, and to improve the visual environment
for resident and nonresident alike.
(Ord 1247 §1(part), 1982)
18.52.020 Landscaping requirements by zone district.
In the various zone districts of the City, landscap-
ing in the front, rear and side yards shall be provided as
shown in Table 2.
(Ord 1247 §1(part), 1982)
Table 2
Required Landscape Areas
Zone
District
Front Yard
Landscape
(In Feet)
Side Yard
Landscape
(In Feet)
Rear Yard
Landscape
(In Feet)
R -1
None
None
None
R -2
15
5
5
R3
15
5
5
R-4
15
5
5
RMH
15
5
5
P -0
15
5
5
C -1
10
5
None
C -2
10
5
None
• C -P
15
15
15
C -M
15
5
None
M -1
15
None
None
M -2
15
None
None
M -2L
5
None
None
18.52.030 Special landscape requirements.
The required landscape areas, as shown in Table 2,
shall be increased by a minimum of twenty -five or
fifty percent or by construction of a decorative fence or
solid planting screen, to be approved by the Planning
111._ iv - LVIVIIVI'.0
Director, along the applicable front, side and /or rear
property line(s) in the following circumstances:
(1) Twenty -five percent increase with a min-
imum of five feet when:
(A) Multiple- family residence district oc-
curs across the street from a single- family use district,
(B) Office use district occurs across the
street from a single - family use district,
(C) Commercial use district occurs across
the street from a single - family use district,
(D). Industrial use district occurs adjacent
to an office use district;
(2) Fifty percent increase with a minimum of
five feet when:
(A) Multiple- family use district occurs ad-
jacent to a single- family use district,
'(B) Commercial use district occurs adja-
cent to a multiple - family use district,
(C) Industrial use district occurs across the
street from a single - family or multiple- family use dis-
trict;
(3) Installation of a solid planting screen within
a ten -foot wide landscape strip with a height of five to
eight feet or the construction of a decorative fence, to be
approved by the Planning Department when:
(A) Commercial use district occurs adja-
cent to a single - family use district,
(B) Industrial use district occurs adjacent
to a single - family or multiple - family use district;
(4) Fifteen feet of landscaping shall be provided
when a nonresidential development in a C -M indus-
trial park district abuts residential uses. This landscap-
ing shall be outside of any fence used to prevent access
to the development in a C -M industrial park.
(Ord 1481 §2(1), 1988; Ord 1247 §I(part), 1982)
18.52.040 General landscape and screening
requirements.
(1) Visibility. The landscaping shall not ob-
struct view from or into the driveway, sidewalk or
street.
(2) Outside Storage. Outdoor storage shall be
screened from abutting public streets and from adjacent
properties. Such screens shall be a minimum of eight
feet high and not less than sixty percent of the height of
the material stored. Said screens shall be specified on
the plot plan and approved by the Planning Director.
(3) Utility Easements. Utility easements and
other similar areas between property lines and curbing
shall be landscaped and/or treated with dust and ero-
sion control planting or surfacing such as evergreens,
groundcover, shrubs, trees, sod or a combination of
similar materials. In areas of overhead transmission
lines, no shrubs or trees over twenty feet at maturity
will be allowed.
(Ord 1247 §1(part), 1982)
18.52.050 Landscape plan requirements.
Detailed plans for landscaping and screening shall
be submitted with plans for building and site
improvements. Included in the plans shall be type
and location of plants and materials and the location of
sprinkling systems. Installation of the landscaping and
screening shall be completed prior to issuance of the
certificate of occupancy or within a reasonable period of
time determined by the Planning Director and stated
on the building permit.
(Ord 1247 §1(part), 1982)
18.52.060 Recreation space requirements.
In all R -2, R -3, R -4 and RMH zoning districts, except
those areas within a planned residential development
district, any proposed multiple- family structure, com-
plex or development shall provide on the premises
and for the use of the occupants a minimum amount of
recreation space according to the following provisions:
(1) Required Area.
(A) For each proposed dwelling unit in the
multiple- family complex or development, a minimum
of two hundred square feet of recreation space shall be
provided. Any multiple- family structure, complex or
development shall provide a minimum of one thou-
sand square feet of total recreation space;
(B) The front, side and rear yard setback
areas required by the applicable zoning district shall not
qualify as recreation space except that ten percent of
the required landscape areas, as shown in Section
18.52.020 of this title, may be permitted in the calcula-
tion of the total recreation space;
(C) In the event the total area required
under subsection (A) above is less than three thousand
square feet, that portion required to be outdoors and
uncovered shall be one continuous parcel of land.
(2) Indoor or Covered Space.
(A) No more than fifty percent of the
required recreation space may be indoor or covered
space;
(B) No more than fifty percent of the total
required recreation space may be used for single -
purpose permanent facilities such as swimming pools,
tennis courts, and similar facilities.
(3) Uncovered Space.
(A) A minimum of fifty percent of the total
required recreation space shall be open or uncovered,
up to one hundred percent of the total requirement
may be in open or uncovered recreation space;
(B) No more than fifty percent of the
uncovered recreation space requirement may be
located on slopes greater than four horizontal to one
vertical (4:1) slope.
(4) General Requirements.
(A) Multiple- family complexes which
provide dwelling units with two or more bedrooms
shall provide adequate recreation space for children.
Such space shall be at least twenty-five percent but not
Draft 10/15/92
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
ESTABLISHING REGULATIONS TO CONTROL CLEARING OF TREES AND
UNDERSTORY VEGETATION WITHIN THE CITY, AND TO ESTABLISH AN
EFFECTIVE DATE.
WHEREAS, the Tukwila City Council has adopted comprehensive
planning policies which recognize the aesthetic, ecological and
economic value of vegetation to the Tukwila community; and
WHEREAS, the Comprehensive Plan establishes guidelines for land
use to "(p)rotect and enhance the natural amenities and aesthetic
resources of the Tukwila area for the public's welfare;" and to
"(r)ecognize the aesthetic, environmental, and use benefits of
vegetation and promote its retention and installation;" and
WHEREAS, regulations to supplement the existing land use
regulations of the City of Tukwila are necessary to implement these
Comprehensive Plan policies; and
WHEREAS, the City Council believes that the loss of vegetation
due to land development poses a threat to the long -term public welfare
and quality of life in the community; and
WHEREAS, the Sensitive Areas Ordinance (No. 1599) addresses the
importance of, and standards for protection of vegetation within a
Sensitive Area and its Buffer; and the amendments set forth below are
necessary to provide a means to implement such protection;
WHEREAS, the regulations set forth below are necessary to
safeguard the public welfare by providing protection for trees and
understory vegetation; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO ORDAIN AS
FOLLOWS:
SECTION I. PURPOSE, SCOPE AND DEFINITIONS.
1.1 PURPOSE
This Ordinance is adopted to:
A. Mitigate certain environmental consequences of
land development, and to maintain and improve the
quality of Tukwila's urban environment.
B. To promote building and site planning practices
that are responsive to the community's natural
environment, without preventing reasonable
development of land.
C. Regulate clearing of trees and understory
vegetation in the City of Tukwila in order to:
1. Maintain and enhance the aesthetic,
ecological and economic benefits,
provided by vegetation, such as:
a. providing wildlife habitat;
b. reducing runoff and soil erosion;
c. reducing air pollution;
d. masking noise;
e. reducing wind speed and urban "wind tunnels;"
f. energy conservation, cooling of urban centers;
g. increasing real property values;
Draft Tree Ordinance, 10/15/92
Page 2
h. enhancing visual and
aesthetic qualities of the
urban environment.
2. Maintain the viability of existing
stands of trees and understory
vegetation.
3. Promote retention of native vegetation
in Sensitive Areas and their Buffers,
Shoreline areas and wildlife habitat
areas.
D. Provide a means to implement the requirements of
Tukwila's Sensitive Areas Ordinance relative to
vegetation removal in Sensitive Areas and
Sensitive Area Buffers.
1.2 SCOPE
This Ordinance sets forth rules and regulations to control
clearing of trees and understory vegetation within the City
of Tukwila.
1.3 DEFINITIONS
The following definitions shall be used in the
administration of this Ordinance:
Applicant - Any person proposing to engage in or engaged in
any clearing of trees or understory vegetation within the
city limits of Tukwila.
Caliper - American Association of Nurserymen standard for
measurement of trunk size of nursery stock. Caliper of the
trunk shall be taken 6 inches above the ground.
Certified arborist - An arborist certified by the
International Society of Arboriculture or National Arborist
Association.
Clearing - 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.
Diameter- breast - height (d.b.h.) - The diameter of any tree
trunk, measured at 4 -1/2 feet above average grade.
Director - The Director of the City of Tukwila Dept. of
Community Development or his /her designee. The Director is
the responsible Administrative Officer of this Ordinance,
with the authority to establish regulations and procedures
to carry out the intent of this Ordinance.
Dripline - An area encircling the base of a tree, delineated
by a vertical line extending from the outer limit of a
tree's branch tips down to the ground.
Essential root zone - The area located on the ground between
the tree trunk and 10' beyond the drip line.
Draft Tree Ordinance, 10/15/92
Page 3
Excavation - The mechanical digging or removal of earth
material.
Filling - The act of transporting or placing (by any
manner or mechanism) fill material from, to, or on any
soil surface, natural vegetative covering of soil
surface, or fill material (including temporary stock-
piling of fill material).
Grading - Any excavating, filling, clearing, or the
creation of impervious surface, or any combination
thereof, which alters the existing surface of the earth.
Groundcover - Trees, shrubs and any other plants or natural
vegetation which covers or shades in whole or in part the
earth's surface.
Hazardous tree - A tree with a structural defect or disease,
or which impedes safe vision or traffic flow, or otherwise
currently poses a threat to life or property.
Land - Altering activity - Any activity that results in change
of the natural cover or topography, as defined in the City
of Tukwila Land - Altering Ordinance (No. 1591).
Land - Altering Permit - A permit for land - altering activity
issued by the City of Tukwila pursuant to the Land - Altering
Ordinance (No. 1591).
Landscape plan - see Plan.
Mean high water mark - A line approximately parallel to the
river channel which marks the elevation of the surface of
the Green River waters when the discharge rate at the U.S.
Geological Survey Stream Gauging Station, Green River near
Auburn (121130) is 9,000 cubic feet per second, and as
determined by maps on file with the Tukwila City Clerk.
Mitigation plan - see Plan.
Person - Any legal entity recognized by the State of
Washington for the purpose of assigning legal
responsibility, to include, but not limited to:
individuals, partnerships, firms, associations,
commissions, boards, utilities, institutions, and
estates.
Plan - A sketch, survey or other drawing, photograph or
similar document which may be a part of the set of permit
drawings or construction documents, and which contains
information related to vegetation clearing and sufficient
for the Director to make a final permit decision.
Protected tree /protected vegetation - A tree or area of
understory vegetation identified on an approved Tree
Retention Plan to be retained and protected during
construction.
Protection measure - A 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.
Protective fencing - A temporary fence or other structural
barrier installed to prevent permitted clearing or
construction activity from adversely affecting vegetation
which is approved for retention in a Tree Clearing Permit.
Draft Tree Ordinance, 10/15/92
Page 4
Sensitive Area and Sensitive Area Buffer - Wetlands,
watercourses, landslide hazard areas and abandoned coal
mines and their buffers as designated or defined by the
Sensitive Areas Ordinance.
Sensitive Areas Ordinance - City of Tukwila Ordinance No.
1599 (TMC Chapter 18.45) which establishes standards for
land development on lots with sensitive areas (e.g. steep
slopes, wetlands, watercourses, etc.).
Shoreline Zone - An overlay zone established by TMC 18.44
extending from the mean high water mark of the
Duwamish /Green River for 200 feet landward.
Site - Any legally defined section of real property, whose
boundaries are recorded for purposes of assessing taxes
with the county Assessor's Office, where vegetation clearing
activities are proposed or have occurred.
Site plan - see Plan
Tree -Any self- supporting woody plant, characterized by one
main trunk, with a potential diameter- breast - height of two
(2) inches and potential minimum height of ten (10) feet.
Understory vegetation - Small trees, shrubs, and groundcover
plants, growing beneath and shaded by the main tree canopy
which affect and are affected by the soil and hydrology of
the area surrounding the main tree roots.
Vegetation - Living trees, shrubs or groundcover plants.
SECTION II. EXEMPTIONS
The following activities are exempt from the application of
this Ordinance and do not require a Tree Clearing Permit;
UNLESS (a) the site on which clearing is
to occur is located in a•
Sensitive Area or Sensitive
Area buffer, as defined now
or hereafter in TMC 18.45, or
is located within the
Shoreline Zone; OR
(b) vegetation affected by the
activity is part of a
required landscape buffer or
approved landscape plan, or
comprises the understory
vegetation of a non - exempt
tree.
A. Clearing of up to four (4) trees and /or their
understory vegetation on any site within any
thirty -six (36) month period.
B. Clearing of any vegetation on a site currently
zoned and developed for single - family residential
use.
C. Clearing of understory vegetation outside of the
essential root zone of any tree.
The following activities are exempt from the provisions of
this Ordinance regardless of location:
Draft Tree Ordinance, 10/15/92
Page 5
D. Removal of hazardous trees.
E. 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 8.28 (Nuisances).
F. Vegetation removal necessary to the operation of
an established Christmas tree farm or commercial
plant nursery.
G. Construction of street and utilities within
City- approved rights -of -way and /or easements.
SECTION III. GENERAL PERMIT PROVISIONS
3.1 MANDATORY STANDARDS
All removal of trees and understory vegetation shall be
undertaken in accordance with the mandatory standards
specified in Section III of this Ordinance.
3.2 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 Section II
of this Ordinance.
3.3 PERMIT APPLICATION MATERIALS
The following materials are required to obtain a Tree
Clearing Permit:
A. Site Plan of the proposal, showing:
• Dripline of existing trees and vegetation in
relation to proposed and existing
structures and utility lines;
• All trees to be removed and /or relocated;
• Existing and proposed topography of the site
at two foot contour intervals;
• Limits of any Sensitive Area and Sensitive
Area buffer, and mean high water mark of
the river.
B. Landscape Plan for the proposal showing:
• Quantities and sizes of replacement
trees /vegetation to be used to replace
vegetation cleared;
• All trees and vegetation to be retained;
• Proposed vegetation protection measures;
• Any other measures proposed to restore the
environmental and aesthetic benefits
previously provided by on -site
vegetation.
C. 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 or certified arborist. Services may
include, but are not limited to:
Draft Tree Ordinance, 10/15/92
Page 6
• Providing a written evaluation of the
anticipated effects of proposed
construction on the viability of trees on
site; and /or
• Developing plans for, supervising, and /or
monitoring implementation of any required
tree protection or replacement measures;
and /or
• Post - construction site inspection and
evaluation.
D. Sensitive Area Mitigation Plan
Identify measures proposed for mitigation of
vegetation clearing in a sensitive area and /or its
buffer per the Sensitive Areas Ordinance.
E. Time schedule
Proposed time schedule of vegetation removal,
relocation and /or replacement, and other
construction activities which may affect on -site
vegetation.
F. 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 requirements of this
Ordinance 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.
3.4 WAIVER TO PERMIT MATERIALS
The Director may waive the requirement for any or all
plans or permit materials upon finding that the
information on the application is sufficient to
demonstrate that the proposed work will meet the approval
criteria under Section 3.8 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.
3.5 APPLICATION FEE
A. A non - refundable permit application fee will be
collected at the time of submittal of a Tree
Removal 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 Ordinance. The application fee shall be
established, and may be amended, by the City
Council.
FEE EXCEPTION: No fee shall be required for
vegetation clearing associated with land -
altering activity approved under a Land - Altering
Permit.
Draft Tree Ordinance, 10/15/92
Page 7
3.6 -) INSURANCE
A.
In addition to any conditions specified pursuant
to Section 3.3, 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:
• Bodily injury liability:
$1 million per occurrence.
• 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.
SECURITY
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 means of security
acceptable to the City. The following provisions shall
apply in instances where such securities are required:
a. The required security shall be
submitted prior to the issuance of a
Tree Clearing Permit.
b. 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
replacement plants.
c. 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.
Draft Tree Ordinance, 10/15/92
Page 8
d. Securities provided in accordance with
this Ordinance 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
Ordinance.
3.8 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;
A. CANOPY COVER
At project completion, the site shall have a
vegetation canopy, dominated by trees, which
meets the following minimum requirements:
1. For sites with an existing canopy
cover of twenty percent (20 %) or
greater of the site area, final canopy
cover shall be a minimum of twenty
percent (20 %) of the site area.
2. For sites with an existing canopy
cover of less than twenty percent
(20 %) of the site area, the final
canopy cover shall be the same as the
existing canopy cover.
3. To meet the requirements for final
canopy cover, or to otherwise mitigate
the effects of vegetation removal,
final canopy cover may consist of any
combination existing trees and
replacement trees.
B. TREE RETENTION
In meeting the minimum requirements for final
canopy coverage, site improvements shall be
designed and constructed to meet the following
criteria:
1. Priority shall be given to retention
of existing stands of trees, trees in
landscape buffer areas, trees along
the shoreline, and healthy mature
trees.
2. All understory vegetation within the
essential root zone of protected trees
shall be:
a) retained; OR
b) removed by manual methods
which are non - damaging to
the tree, and replaced with
plants of similar species
and numbers.
Draft Tree Ordinance, 10/15/92
Page 9
3. Vegetation removal shall be undertaken
in such a manner as to preserve, to
the degree possible, the aesthetic and
ecological benefits provided by
vegetation.
C. TREE PROTECTION MEASURES
1. The proposal shall include sufficient
protection measures to ensure
viability of protected trees and other
vegetation identified for retention
pursuant to Section 3.5 (A) and (B),
and to protect any Sensitive Area and
its Buffer.
Tree protection measures shall meet or
exceed current standards of
professional arboriculture and provide
a reasonable level of protection for
trees /vegetation identified for
retention.
2. All protected trees and vegetation,
and all Sensitive Areas and Sensitive
Areas Buffers shall be surrounded by
protective fencing which prevents
adverse impacts associated with
clearing from intruding upon such
Sensitive Area and its Buffer.
D. TREE REPLACEMENT
Prior to any vegetation removal, the applicant
shall demonstrate through a Landscape Plan,
Sensitive Area Mitigation Plan or other
materials required per Section 3.3 that tree
replacement will meet the following minimum
standards:
1. Minimum sizes shall be: 2 -1/2 -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 landsaping which ensure
the vegetation's long -term health and
survival.
E. 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.
Draft Tree Ordinance, 10/15/92
Page 10
F. 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.
G. SENSITIVE AREAS /BUFFERS
Clearing and /or replacement of vegetation, or
activities which affect vegetation, in a
Sensitive Area or its Buffer shall conform to
the requirements of the Tukwila Sensitive Areas
Ordinance.
3.9 EXCEPTIONS
A. The Director may grant exceptions from the
requirements of this ordinance when undue
hardship may be created by strict compliance
with the provisions of this ordinance. Any
authorization for exception may prescribe
conditions deemed necessary or desirable for the
public interest, or necessary to meet the intent
of this Ordinance.
B. An exception to this Ordinance shall not be
granted unless all of the following criteria are
met:
1. Strict compliance with the provisions
of this code may jeopardize project
feasibility or reasonable use of
property.
2. Proposed vegetation removal,
replacement, and any mitigative
measures proposed, are consistent with
the purpose and intent of this
Ordinance given in Section 1.2.
3. The granting of the exception or
standard reduction will not be
detrimental to the public welfare or
injurious to other property in the
vicinity.
C. In addition to the above criteria, the Director
may also consider any of the following as a
basis for granting an exception request:
1. The recommendation of a certified
arborist supports the exception.
2. Off -site tree planting may be
considered in evaluating an exception,
where such planting furthers the goals
of this Ordinance and other City
policies.
Draft Tree Ordinance, 10/15/92
Page 11
D. EXCEPTION PROCEDURES
An application for any exception from this
ordinance shall be submitted in writing by the
property owner, and shall accompany the
application for a Tree Removal Permit. Such
application shall fully state all substantiating
facts and evidence pertinent to the exception
request, and include supporting maps or plans.
The City shall not grant an exception unless and
until sufficient reasons justifying the
exception are provided by the applicant.
�� PERMIT PROCESSING AND DURATION
A. If the proposed vegetation clearing and permit
application meet the requirements of Sections
3.3 through 3.9, the Director shall approve the
application and issue the Tree Clearing Permit.
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.
A.
PERMIT CONFORMANCE
PLAN CONFORMANCE
All work must be performed in accordance with
approved Permit plans specified in Section 3.3
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 right -of -ways 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 good
condition by the site's property owner
throughout the life of the project.
Draft Tree Ordinance, 10/15/92
Page 12
SECTION IV. VIOLATIONS AND ENFORCEMENT
4.1 VIOLATIONS
The following clearing actions shall be considered
violations of this Ordinance:
1. Clearing not authorized under a Tree
Clearing Permit where such permit is
required by this Ordinance.
2. Clearing not in accordance with the
plans, conditions, or other
requirements in an approved Tree
Clearing Permit.
4.2 ENFORCEMENT
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.
A. 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.
B. 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 Any Tree Clearing Permit issued by
the City.
C. 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.
D. INSPECTION ACCESS
1. For the purpose of inspection for
compliance with the provisions of a
permit or this Ordinance, authorized
representatives of the Director may
enter all sites for which a Tree
Clearing Permit has been issued.
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.
Draft Tree Ordinance, 10/15/92
Page 13
G. REMEDIAL MEASURES REQUIRED
In addition to penalties provided for in Section
5.2, the Director may require any person
conducting vegetation clearing in violation of
this Ordinance 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 Sections
3.1 through 3.7.
2. Remedial measures must conform to the
purposes and intent of this Ordinance.
In addition, remedial measures must
meet the standards specified in
Sections 3.8 and 3.10., and applicable
standards for mitigation outlined in
the Sensitive Areas Ordinance.
3. The cost of any remedial measures
necessary to correct violation(s) of
this Ordinance 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 Section 3.7.
SECTION V. GENERAL ADMINISTRATIVE PROVISIONS
5.1 LIABILITY.
A. Liability for any adverse impacts or damages
resulting from work performed in accordance with
a Tree Removal 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 under
Section 3.6.
C. Nothing contained in this Ordinance 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.
Draft Tree Ordinance, 10/15/92
Page 14
5.2 PENALTIES
The following penalties shall be applied in whole or in
part for the violation of permit conditions contained in
this Ordinance or the failure to obtain permits required
for activities regulated by this Ordinance. All remedies
shall be considered cumulative and in addition to any
other lawful action. In a prosecution under this
Ordinance, each day that a violation of this Ordinance is
committed or permitted to continue, and each tree removed
shall constitute a separate offense to which the penalties
set forth below shall apply.
Any person who knowingly or willfully violates any
provision of this Ordinance, or any rule or other adopted
or issued regulations pursuant to this Ordinance, who
knowingly or willfully initiates or continues any activity
for which a permit is required, except in accordance with
the terms, conditions, and provisions of an approved plan,
shall be guilty of a misdemeanor punishable by
Imprisonment not to exceed 90 days or by a fine not to
exceed $5,000, or both, at the discretion of the court.
It shall not be a defense to the prosecution for failure
to obtain a permit required for this Ordinance, that a
contractor, subcontractor, person with responsibility on
the site, or person authorizing or directing the work,
erroneously believed a permit had been issued to the
property owner or any other person.
5.3 INJUNCTIVE RELIEF.
A. Whenever the governing body has reasonable cause to
believe that any person is violating or threatening
to violate this Ordinance or any rule or other
provisions adopted or issued pursuant to this
Ordinance, it may either before or after the
institution of any other action or proceeding
authorized by this Ordinance, institute a civil
action in the name of the City for injunctive
relief to restrain the violation or threatened
violation. Such action shall be brought in King
County Superior Court.
B. The institution of an action for injunctive relief
under this section shall not relieve any party to
such proceedings from any civil or criminal penalty
prescribed for violations of this Ordinance.
5.4 ABATEMENT.
Any vegetation clearing performed in violation of this
Ordinance or any lawful order or requirement of the
Director pursuant to this Ordinance, shall be deemed to be
a public nuisance and may be abated in the manner provided
by the Tukwila Municipal Code 8.28.220.
5.5 APPEALS
Any person aggrieved by a decision of the Director to
approve, disapprove or condition a properly filed
application for a Tree Clearing Permit, revocation or
suspension of a Tree Clearing Permit, or an alleged
failure to properly enforce the Ordinance in regard to a
specific application, may appeal that decision to the
Tukwila Board of Adjustment. Any such appeal shall be
Draft Tree Ordinance, 10/15/92
Page 15
made in writing to the Director within fifteen (15) days
of the Director's decision and shall state the reasons for
the appeal. A review of the appeal shall be scheduled for
a regular meeting of the Board of Adjustment not later
than 30 days from the date the appeal is filed.
After a review hearing, the Board of Adjustment shall file
with the Director a written decision affirming, denying,
or modifying the decision of the Director. The decision
of the Board of Adjustment shall be final and conclusive
unless the original applicant or an adverse party makes
application to the Superior Court of King County for a
writ of certiorari, a writ of prohibition, or a writ of
mandamus within forty days of the final decision of the
Board of Adjustment.
5.6 OTHER LAWS
A. Whenever conflicts exist between this Ordinance
and federal, state or local laws, ordinances or
regulations, the more restrictive provisions
shall apply.
B. Neither this Ordinance 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.
SECTION VI. SEVERABILITY
If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or
constitutionality of this Ordinance as a whole, or any
other section, provision, or part thereof not adjudicated
to be invalid or unconstitutional and its application to
other persons or circumstances shall not be affected.
SECTION VII. EFFECTIVE DATE
This ordinance shall take effect and be in full force five
(5) days after publication of the attached summary which
is hereby approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof this day of , 1991.
APPROVED:
Mayor John W. Rants
ATTEST /AUTHENTICATED: APPROVED AS TO FORM:
Jane Cantu, City Clerk Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council:
Ordinance No.
Draft Interim Tree Clearing & Planting Standards
1/8/93
Page 8
ALTERNATIVE 1:
A. CANOPY COVER
At project completion, the site shall have a
vegetation canopy, dominated by trees, which meets
the following minimum requirements:
1. For sites with an existing canopy cover
of twenty percent (20 %) or greater of
the site area, final canopy cover shall
be a minimum of twenty percent (20 %) of
the site area.
2. For sites with an existing canopy cover
of less than twenty percent (20 %) of the
site area, the final canopy cover shall
be the same as the existing canopy
cover.
3. To meet the requirements for final
canopy cover, or to otherwise mitigate
the effects of vegetation removal, final
canopy cover may consist of any
combination existing trees and
replacement trees.
B. TREE RETENTION
Site improvements shall be designed and
constructed such that, to the extent possible,
existing stands of trees, trees in required
landscape buffer areas, trees within the Shoreline
Zone, and healthy mature trees are retained.
Draft Interim Tree Clearing & Planting Standards
1/8/93
Page 9
ALTERNATIVE 2:
A. TREE RETENTION
1. A minimum of forty - percent (40 %) of
existing significant trees and not less
than one significant tree on site shall
be retained; and
2. A minimum of thirty - percent (30 %) of all
existing trees on site, regardless of
size, shall be retained. Retained
significant trees shall count toward
this minimum.
3. Site improvements shall be designed and
constructed such that, to the extent
possible, existing stands of trees,
trees in required landscape buffer
areas, trees within the Shoreline Zone,
understory vegetation of retained trees
and healthy mature trees are retained.
B. TREE REPLACEMENT
1. All significant trees removed shall be
replaced at a ratio of 3:1.
2. All non - significant trees removed shall
be replaced at a ratio of 1:1, OR at a
ratio of 1 new tree per each 75 square
feet of tree canopy area removed.
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JAM 09 1992
JAN 0 9 1992
CITY OF TUKWiLA
PLANNING DEPT.
A.
BACKGROUND
1. Name of proposed project, if applicable:
INTERIM TREE PROTECTION ORDINANCE
2. Name of applicant: City of Tukwila Dept. of Community Development
3. Address and phone number of applicant and contact person:
Ann Siegenthaler, Assistant Planner, Dept. of Community Development
6300 Southcenter Blvd., Suite 101, Tukwila, WA 98188; 431 -3670
4. Date checklist prepared: 1/6/92
5. Agency requesting checklist: City of Tukwila
6. Proposed timing or schedule (including phasing, if applicable):
Adoption of interim ordinance by City Council in 1992.
7. Do you have any plans for future additidns, expansion, or further activity
related to or connected with this proposal? If yes, explain.
Final tree protection ordinance will .
8. List any environmental information you know about that has been prepared,
or will be prepared, directly related to this proposal.
None.
Epic File No. 5kPI-1 - I(9- - D
Fee $225.00 Receipt No. 1_4_
ENVIRONMENTAL CHECKLIST
9. Do you know whether applications are pending for governmental approvals of
other proposals directly affecting the property covered by your proposal?
If yes, explain.
It is possible that some land use applications for clearing or grading
activities may be affected by the proposed ordinance; however, there are no
land altering applications pending as of this date.
10. List any government approvals or permits that will be needed for your
proposal.
Approval and adoption by Tukwila City Council.
11. 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. Section E
requires a complete description of the objectives and alternates of your
proposal and should not be summarized here.
The interim tree ordinance is intended to provide immediate protection
for trees and other vegetation not now protected by other ordinances,
until a permanent ordinance is adopted. The interim ordinance
establishes preliminary objectives in tree protection, identifies
types of trees and vegetation to be protected, and establishes a
process for evaluating and permitting tree /vegetation removal.
12. 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, and section, township, and range, if known. 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
Environmental Checklist - Interim Tree Ordinance
Page 2
plans required by the agency, you are not required to duplicate maps or
detailed plans submitted with any permit applications related to this
checklist.
The proposed ordinance potentially affects all land use activities
which involve tree removal, some projects involving vegetation removal
on slopes, and public improvement and utilities projects throughout
the jurisdictional area of the City of Tukwila (see attached maps).
13. Does the proposal lie within an area designated on the City's Comprehensive
Land Use Policy Plan Map as environmentally sensitive?
N /A.
B. ENVIRONMENTAL ELEMENTS
1. Earth
a. General description of the site (circle one): Flat, rolling, hilly,
steep slopes, mountainous, other
N /A.
b. What is the steepest slope on the site (approximate percent slope)?
N /A.
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.
N /A.
d. Are there surface indications or history of unstable soils in the
immediate vicinity? If so, describe.
N /A.
e. Describe the purpose, type, and approximate quantities of any filling
or grading proposed. Indicate source of fill.
No filling or grading is proposed.
f. Could erosion occur as a result of clearing, construction, or use? If
so, generally describe.
g-
No clearing or construction is proposed.
About what percent of the site will be covered with impervious
surfaces after project construction (for example, asphalt or
buildings)?
N /A.
h. Proposed measures to reduce or control erosion, or other
impacts to the earth, if any:
N /A.
2. Air
a. What types of emissions to the air would result from the proposal
(i.e., 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.
b. Are there any off -site sources of emissions or odor that may affect
your proposal? If so, generally describe.
No.
Environmental Checklist - Interim Tree Ordinance
Page 3
c. Proposed measures to reduce or control emissions or other impacts to
air, if any:
N /A.
3. Water
a. Surface:
1) Is there any surface water body on or in the
immediate vicinity of the site (including your -
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.
None.
2) Will the project require any work over, in, on, or
adjacent to (within 200 feet) of the described
waters? If yea, please describe and attach
available plans.
No.
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.
None.
4) Will the proposal require surface water withdrawals or diversions?
Give general description, purpose, and approximate quantities, if
known.
No.
5) Does the proposal lie within a 100 -year floodplain? If so, note
location on the site plan.
No.
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.
No.
b. Ground:
1) Will ground water be withdrawn, or will water be
discharged to ground water? Give general
description, purpose, and approximate quantities,
if known.
No.
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.
None.
Environmental Checklist - Interim Tree Ordinance
Page 4
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 into other
waters? If so, describe.
N /A.
2) Could waste materials enter ground or surface
waters? If so, generally describe.
No.
d. Proposed measures to reduce or control surface, ground, and
runoff water impacts, if any:
N /A.
4. Plants
a. Check or circle types of vegetation found on the site:
deciduous tree: alder, maple, aspen, other
evergreen tree: fir, cedar, pine, other
shrubs
grasses: lawn
grasses: pasture
grasses: crop or grain
wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other
water plants: water lily, eelgrase, milfoil, other
other types of vegetation.
On a city -wide basis, the ordinance would affect all of the above
vegetation types through either protection or replacement
requirements. However, specific effects would depend upon individual
development projects and specific site characteristics.
b. What kind and amount of vegetation will be removed or altered?
None.
c. List threatened or endangered species known to be on or near the site.
None known.
d. Proposed landscaping, use of native plants, or other measures to
preserve or enhance vegetation on the site, if any:
None.
5. Animals
a. Circle any birds of animals which have been observed on or near the
site or are known to be on or near the site:
birds: hawk, heron, songbirds, migratory water fowl, other
mammals: deer, bear, elk, beaver, weasel, raccoon,
small rodents
fish /shellfish: bass, salmon, trout, mussels, clams,
other aquatic organisms
Not applicable.
b. List any threatened or endangered species known to be on or
near the site.
None known.
Environmental Checklist - Interim Tree Ordinance
Page 5
c. Is the site part of a migration route? If so, explain.
No.
d. Proposed measures to preserve or enhance wildlife, if any:
None.
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.
b. Would your project affect the potential use of solar energy by
adjacent properties? If so, generally describe.
No.
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:
Although the proposal does not directly address energy
conservation, tree protection and replanting regulations
have the potential to decrease energy consumption through
wind -break and shading effects of trees.
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.
None.
1) Describe special emergency services that might be required.
None.
2) Proposed measures to reduce or control environmental health
hazards, if any:
None.
b. Noise
1) What types of noise exist in the area which may
affect your project (for example: traffic,
equipment, operation, other)?
N /A.
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 came from the site.
None.
3) Proposed measures to reduce or control noise impacts, if any:
None.
Environmental Checklist - Interim Tree Ordinance
Page 6
8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
Varies; proposal is not site - specific but is, rather, a
city -wide ordinance. Proposed ordinance will potentially
affect future land uses and development projects by placing
new restrictions on vegetation removal and replacement.
b. Has the site been used for agriculture? If so, describe.
N /A.
c. Describe any structures on the site.
N /A.
d. Will any structures be demolished? If so, what?
No.
e. What is the current zoning classification of the site?
Varies; city -wide application.
f. What is the current comprehensive plan designation of the site?
Varies; city -wide application.
g. If applicable, what is the current shoreline master program
designation of the site?
N /A.
h. Has any part of the site been classified as an "environmentally
sensitive" area? If so, specify.
Proposed ordinance could have an effect on some sensitive
areas and buffers, in that it may require additional
protection and /or replacement of sensitive area vegetation.
i. Approximately how many people would reside or work in the completed
project?
N /A.
j. Approximately how many people would the completed project displace?
None.
k. Proposed measures to avoid or reduce displacement impacts, if any:
N /A.
1. Proposed measures to ensure the proposal is compatible with existing
and projected land uses and plans, if any:
Proposal would not change existing zoning designations nor
land uses, but it could affect future development projects
by regulating vegetation removal. Under the proposed
ordinance, future structures or other site improvements may
be required to be relocated or re- designed to meet the
vegetation protection objectives of the ordinance.
The proposed ordinance is compatible with, and implements
the Tukwila Comprehensive Plan policies regarding vegetation
and the natural environment.
Environmental Checklist - Interim Tree Ordinance
Page 7
9. Housing
a. Approximately how many units would be provided, if any? Indicate
whether high, middle, or low- income housing?
None.
b. Approximately how many units, if any, would be eliminated? Indicate
whether high, middle, or low - income housing.
None.
c. Proposed measures to reduce or control housing impacts, if any:
None.
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.
b. What views in the immediate vicinity would be altered or obstructed?
Proposed ordinance could affect the community aesthetics in two ways:
requirements for retention and replanting of trees would improve the
overall visual quality of the community; however, tree protection may
also diminish views from view properties.
c. Proposed measures to reduce or control aesthetic impacts, if any:
To balance the effects of tree regulations on private property with
the needs of the overall community, the ordinance allows tree removal
under certain conditions if followed by tree re- planting.
11. Light and Glare
a. What type of light or glare will the proposal produce? What time of
day would it mainly occur?
None.
b. Could light or glare from the finished project be a safety hazard or
interfere with views?
No.
c. What existing off -site sources of light or glare may affect your
proposal?
None.
d. Proposed measures to reduce or control light and glare
impacts, if any:
None.
12. Recreation
a. What designed and informal recreational opportunities are in the
immediate vicinity?
N /A.
b. Would the proposed project displace any existing recreational uses?
If so, describe.
No.
Environmental Checklist - Interim Tree Ordinance
Page 8
c. Proposed measures to reduce or control impacts on recreation,
including recreation opportunities to be provided by the project or
applicant, if any:
None.
a. Are there any places or objects listed on, or proposed for, national,
state, or local preservation registers known to be on or next to the
site? If so, generally describe.
None known.
b. Generally describe any landmarks or evidence of historic,
archaeological, scientific, or cultural importance known to be on or
next to the site.
None known.
c. Proposed measures to reduce or control impacts, if any:
None.
14. Transportation
a. Identify public streets and highways serving the site, and describe
proposed access to the existing street system. Show on site plans, if
any.
N/A.
b. Is the site currently served by public transit? If not, what is the
approximate distance to the nearest transit stop?
N /A.
c. How many parking spaces would the completed project have? How many
would the project eliminate?
N /A.
d. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? If so, generally
describe (indicate whether public or private).
No.
e. Will the project use (or occur in the immediate vicinity of) water,
rail, or air transportation? If so, generally describe.
No.
f. How many vehicular trips per day would be generated by the completed
project? If known, indicate when peak volumes would occur.
N /A.
g. Proposed measures to reduce or control transportation impacts, if any:
None.
15. Public Services
a. Would the project result in an increased need for public services (for
example: fire protection, police protection, health care, schools,
other)? If so, generally describe.
No.
b. Proposed measures to reduce or control direct impacts on public
services, if any.
None.
Environmental Checklist - Interim Tree Ordinance
Page 9
16. Utilities
a. Circle utilities currently available at the site:
electricity, natural gas, water, refuse service, telephone,
sanitary sewer, septic system, other.
N /A.
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.
None.
C. SIGNATURE
The above answers are true and complete to the best of my knowledge. I
understand that the lead agency is relying on them to make its decision.
Signature:
Date Submitted:
(printed name)
Environmental Checklist - Sign Code Revision
Page 9
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
(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 the 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 proposal be likely to increase discharge to water; emissions
to air; production, storage, or release of toxic or hazardous substances;
or production of noise?
No increase in emissions or hazardous substances attributable to this
proposal are anticipated.
Proposed measures to avoid or reduce such increases are:
None.
2. How would the proposal be likely to affect plants, animals, fish, or marine
life?
On a city -wide basis, the ordinance would affect trees and other
vegetation through either protection or replacement requirements.
However, specific effects would depend upon individual development
projects and specific site characteristics.
Proposed measures to protect or conserve plants, animals, fish, or marine
life are:
Proposed ordinance contains measures to protect and replace trees and
other vegetation.
3. How would the proposal be likely to deplete energy or natural resources?
No depletion of natural resources attributable to this proposal are
anticipated.
Proposed measures to protect or conserve energy and natural resources are:
Tree protection and replanting regulations contained in the proposed
ordinance have the potential to decrease energy consumption through
wind -break and shading effects of trees.
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 habitat, historic or cultural sites, wetlands,
floodplains, or prime farmlands?
Proposed ordinance could have an effect on some sensitive areas and
buffers, in that it may require additional protection and /or
replacement of sensitive area vegetation.
Environmental Checklist - Sign Code Revision
Page 10
Proposed measures to protect such resources or to avoid or reduce impacts
are:
None.
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?
Proposal would not directly affect shoreline use, but may have the
effect of restricting shoreline development where implementation of
tree protection objectives required.
Proposed measures to avoid or reduce shoreline and land use impacts are:
None.
How does the proposal conform to the Tukwila Shoreline Master Plan?
Proposed requirements for tree protection and re- planting complement
and reinforce policies for vegetation protection in the Master Plan.
6. How would the proposal be likely to increase demands on transportation or
public services and utilities?
This proposal will not directly affect demand for public services,
transportation or utilities.
Proposed measures to reduce or respond to such demand(s) are:
None.
7. Identify, if possible, whether the proposal may conflict with local, state,
or federal laws or requirements for the protection of the environment.
This proposal will not conflict with any known environmental laws.
8. Does the proposal conflict with policies of the Tukwila Comprehensive Land
Use Policy Plan? If so, what policies of the Plan?
No; the proposal is consistent with, and implements policies on vegetation
and the natural environment contained in the Plan.
Proposed measures to avoid or reduce the conflict(s) are:
None.
E. SUPPLEMENTAL INFORMATION FOR ALL PROJECT AND NON PROJECT PROPOSALS
The objectives and the alternative means of reaching the objectives for a
proposal will be helpful in reviewing the foregoing items of the Environmental
Checklist. This information provides a general overall perspective of the
proposed action in the context of the environmental information provided and the
submitted plans, documents, supportive information, studies, etc.
1. What are the objectives of the proposal?
To adopt an interim tree protection ordinance which will protect trees
and vegetation to the extent possible without diminishing existing
property values or reasonable use of property.
2. What are the alternative means of accomplishing these objectives?
Amend existing ordinances, such as Zoning Code landscaping
requirements or design review process, to incorporate tree protection
and re- planting provisions.
3. Please compare the alternative means and indicate the preferred course of
action:
Alternate partially achieves proposal objectives. However, amendment
of existing ordinances does not address all or most land use
activities which affect trees and vegetation, nor does this provide a
practical means of implementing regulations. Additional regulations
under a new ordinance would provide adequate tree protection and
establish a process for implementing protection measures.
4. Does the proposal conflict with policies of the Tukwila Comprehensive Land
Use Policy Plan?
No.
Proposed measures to avoid or reduce the conflict(s) are:
None.