HomeMy WebLinkAboutPlanning 2017-11-16 - TMC 18-54 Tree Regulations Work Session - Attachment C: Draft Revisions to TMC - Staff Changes AcceptedDRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
CHAPTER 18.54
URBAN FORESTRY AND TREE REGULATIONS
Sections:
18.51.010 Titic
18.54.0120 Purpose
18.54.0230 Scope
18.51.050 Permit Exempt Activities
18.51.060 Permit Mandatory Standards
18.54.0370 Tree Removal Permit Required
18.54.0480 Permit Submittal Requirements Application Materials
18.51.090 Waiver to Permit Materials
18.51.100 Permit application fcc
18.51.110 Applicant Insurance Required
18.51.120 Applicant Security Required
18.54.050430 Permit Approval Criteria
18.54.06440 Perm's €x ept i sTree Retention Standards
18.54.0760 Permit ConformanceTree Protection Standards
18.54.08450 Permit Processing and Duration_ Tree Replacement Standards
18.54.090 Tree Relocation
18.54.100 Tree Replacement Fund
18.54.110 Performance Assurance
18.54.120 Liability
18.54.130 Permit Processing and Duration
18.54.140 Permit Exceptions
18.54.150 Permit Conformance
18.54.160 Soil Preparation, Plant Material and Maintenance
18.54.1670 Heritage Trees and Heritage Groves
18.54.180 Approved and Prohibited Trees
18.54.1790 Violations
18.54.200 Remedial Measures
18.54.2180 -Enforcement
18.51.190 Liability
18.54.010 [Title
This Ordinance shall bc known as the City of Tukwila "Tree Ordinance," and may bc so cited.
(Ord. 1758 §1 (part), 1995)
Purpose
This purpose of this chapter is to:
1. Mitigate certain environmental consequences of land development, and to maintain and improve the
quality of Tukwila's urban environment.
2. Promote building and site planning practices that are responsive to the community's natural environment,
without preventing rgasonablc development of land.
3. Regulate clearing of trees and understory vegetation in the City of Tukwila, in order to:
Commented [CL1I: This section not needed.
[Commented [CL21: Replaced by new section, below.
as -
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
a. Maintain and enhance the aesthetic, ecological and cconomic benefits providcd by vcgctation, such
(1) providing wildlife habitat;
(2) reducing runoff and soil erosion;
(3) reducing air pollution;
(1) masking noise;
(5) rcducing wind speed and urban "wind tunnels";
(6) energy conservation, cooling of urban centers;
(7) increasing r al property values;
(8) enhancing visual and aesthetic qualities of the urban environment.
b. Maintain the viability of existing stands of trees and understory vegetation.
c. Promote retention of nativc vegetation in sensitive ar s and their buffcrs, shoreline ar s, and wildlife
habitat areas.
1. Provide a means to implement the requirements of the Sensitive Areas Overlay District chapter of this
(Ord. 1758 §1 (part), 1995)
18.54.010 'Purpose
The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to
maintain and increase tree canopy throughout the city; and to provide requirements for tree
maintenance, tree retention and protection. Trees and their canopy act to improve air quality,
promote the public health, reduce human -related stress, increase property values, reduce heat
islands, and reduce storm water flows. The tree regulations also support the Low Impact
Development goals of the Comprehensive Plan and the City's National Pollution Discharge
Elimination System permit.
In particular, the purpose of this Chapter is to:
1. Reguiatt pProtecttonl of existing trees prior to and during development;
2. Establish protections las for the long-term maintenance of trees and
vegetation;
3. Moderate the effects of wind and temperature;
4. Minimize the need for additional storm drainage facilities;
5. Stabilize and enrich the soil and minimize surface water and ground water run-off
and diversion which may contribute to increased instability, sedimentation, or
turbidity in streams, lakes, or other water bodies;
6. Protect fish, wildlife and their habitats by promoting tree retention and improving
water quality;
7. Ensure tree replacement after removal to provide erosion control and to achieve
canopy coverage goals;
8. Recognize the importance of Heritage and Exceptional Trees to the history of the
community; and,
9. Establish procedures for penalties and violations of the tree code.
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Commented [CL3]: New purpose text to reflect adopted
Urban Forestry Comprehensive Plan goals and policies.
Commented [CL4]: Committee revisions to Purposes 441
and 2.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
18.54.0230 Scope
This chapter sets forth rules and regulations to control clearing of trees and undcrstory vegetation
within the City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations,
Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping.
The following activities arc 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.
a. CI aring of up to 4 significant trees on a site currently zoncd and developed for single family
residential use within any 36 month period; UNLESS the significant trees to be removed are located within a wetland,
watercourse and their associated buffers or within the shoreline zone.
b. Clearing of any vegetation located outside a sensitive arca, sensitive ar a buffer or outsidc the
shoreline zone.
c. Removal of hazardous trees.
d. Routine maintenance of vegetation necessary to maintain the health of cultivated plants, to contain
noxious weeds, or to remedy a potential fire or h alth hazard or thrccat to public safety per TMC Commercial parking
subject to TMC Chapter 18.56, "Off Street Parking and Loading Regulations." 8.28, Nuisances.
c. Vegetation removal new;sary to the operation of an established Christmas tree farm or commercial
plant nursery.
f. Construction and maintenance of streets and utilities within City approved rights of way and
ascmcnts.
All removal of significant trccs and undcrstory vegetation shall be undertaken in accordance with the
mandatory standards specified in this chapter, except as provided in the Waiver to Pcrmit Materials or
Exceptions sections of this chapter.
(Ord. 1758 §1 (part), 1995)
18.54.0370 Tree Removal -Permit Required (LFP).
No person shall conduct any cl wring of vegetation without first obtaining a Tree CI aring
Permit on a form approved by the Director; unless specifically exempted under this chapter.
A. Permit Required.
1. A Tree Removal Permit is required prior to work within the Critical Root Zone of
any Significant, Exceptional or Heritage Tree or prior to the removal or
destruction of any these Trees within the City, unless the action is exempt from
this Chapter.
2. 7A Tree Removal Permit is required when any person wishes to prune a Heritage
Tree in excess of 20% of the existing crown in a two-year period.
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Commented [CL5]: Revised and incorporated into Permit
Required section below
Commented [CL6]: This section not needed
Commented [CL7]: Incorporated into section below.
Commented [CL8]: Name of permit revised by
Committee as there will be different types of Tree Permits:
1.Tree Removal
2.Tree Impact (for work in the CRZ)
3.Heritage Tree Removal or Pruning over 20% of existing
crown
4.Exceptional Tree Removal
5.Utility Tree Removal
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
3. A request for an exception to the requirements of the Chapter shall be processed
under a Tree Exception Permit.
B. Tree Removal on undeveloped lots is prohibited.
C. Tree Removal (Exemptions. The following activities are exempt from the
requirements of this Chapter:
1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on
a property zoned Low Density Residential and improved with a single-family
dwelling.
2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive
area or its buffer.
3. ',Routine maintenance of trees necessary to maintain the health of cultivated
plants, or to contain noxious weeds or invasive species as defined by the City of
Tukwila or King County. Routine maintenance includes the removal of up to 20%
of the existing tree crown in a two year period.
4. Emergency actions necessary to remedy an immediate threat to people or
property, or public health, safety or welfare by a high-risk or extreme -risk tree
may be undertaken in advance of receiving a permit. Any person, utility or
public entity undertaking such an action shall submit a Tree Removal Permit
application within one week of the emergency action and replace tree(s) if
required by this Chapter. Additional time to apply for a tree Permit may be
granted at the discretion of the Director.
D. Trcc Removal Permits Arborist Report. All Tree Removal Permits shall require an ISA
Certified Arborist reportvicw, unless otherwise stated in this Chapter. cx^^ e
removal of Significant Trees, other than Exceptional or Heritage Trccs, including
... ___.An arborist's report is not required for the permitted removal of
trees, other than Exceptional or Heritage Trees, on a lot zoned Low Density
Residential and improved with a single-family dwelling.
18.54.040 PERMIT SUBMITTAL REQUIREMENTS
A. Permit Application. Prior to any tree removal, site clearing or work within the CRZ„
a Tree Removal Permit application must be submitted to the Department of Community
Development containing the following information:
1. Site Plan of the proposal Ishowingl:
a. Diameter, species name, location and canopy of existing Significant Trees in
relation to proposed and existing structures, utility lines, and construction
limit line;
b. Identification of all Significant Trees to be removed and/or relocated;
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Commented [CL9]: Mix of Lake Forest Park and current
exemptions in TMC 18.54
Commented [CLIO]: #2 from City of Redmond, WA tree
code
[ Commented [CL111: TMC 18.54.0801.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
c. Existing and proposed topography of the site at 2 -foot contour intervals; and
d. Limits of any sensitive area and sensitive area buffer and/or shoreline
jurisdiction.
2. Landscape Plan for the proposal lshowingl:
a. Diameter, species name, spacing and location of replacement trees to be
planted;
b. Diameter, species name and location of all Significant Trees to be retained;
and
c. Vegetation protection measures consistent with the criteria in TMC
18.54.060
3. Professional review or recommendation. Assessment prepared by an ISA
Certified Arborist addressing the (Following:
a. The anticipated effects of proposed construction or tree removal on the
viability of Significant Trees to remain on-site;
b. Recommendations on replacement trees, spacing and maintenance of
proposed replacement trees once installed;
c. Post -construction site inspection and evaluation; and
d. Estimated cost of maintenance of replacement trees for the purposes of
calculation of financial assurance, if required.
4. A photo of the tree(s) to be impacted or removed.
Time schedule. Proposed time schedule of vegetation removal, relocation
and/or replacement, and other construction activities which may affect on-site
vegetation, sensitive area, sensitive area buffer, and/or shoreline zone.
A: B. Single-family Tree Removal No Fe^ o„rmit Application — Removal of Up to four Trees
or Less. The removal of 1-4 trees within any 36 -month period on a property zoned Low
Density Residential and improved with a single-family dwelling, is permitted, subject to the
requirements of Table A below and possible tree replacement. Information to be submitted
as part of a Tree Inventory Survey shall include the following: is s. bjcct to a no fee Tree
Removal Permit. Items to be submitted with the permit application arc:
1. Site plan, with thc trcc(s) to be removed identified, thc trcc species, and
diameter of tree and thc location of any utility lines or other built infrastructure;
2. Number of and size of trees to be removed.
3. The location of any affected utility lines within the overhead "fall zone" or other
built infrastructure.
4. Photos of the treejs) to be removed;
5. The method of removal and identification of contractor; and
6. Time schedule of tree removal.
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Commented [CL12]: From TMC 18.54.080 2.
Commented [CL13]: Revised from TMC 18.54.080 3.
Commented [CL14]: New text.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
Table A
Single Family Tree Removal Requirements
Trees (DBH)
# of Trees in 36 Month
Tree Permit?
Arborist Report?
Period that can be
(Removed
4-8"
4
Inventory Survey
No
>8-12"
2
Yes
No
>12-18"
2
Yes
No
>1844"
1
Yes
Yes
>2V
1
Yes
¥es
See Table B for the number of replacement trees required, if any.
& C. Permit Materials Waiver]
The Director may waive the requirement for any or all plans or permit items specified in this
chapter section upon finding that the information on the application is sufficient to
demonstrate that the proposed work will meet the approval criteria detailed in this
Cehapter and other City ordinances. Such waiver of a requirement for permit materials
shall not be construed as waiving any other requirements of this Chapter or related
regulations.
D. Permit Application Feel
Fee required: A non refundable permit application fee will be collected at thc time of
submittal of a Tree Clearing Pcrmit application. The application fee will provide for thc cost
of plan review, administration and management of thc permitting process, inspections, and
processing of exceptions to standards and app als pursuant to this chapter. A Tree Removal
Permit fee shall be paid at the time an application or request is filed with the department,
pursuant to TMC Section 18.88.010, except as otherwise noted in this Chapter. All fees shall
be paid according to the Land Use Fee Schedule in effect at the time of application. There is
no permit fee for submittal of the Tree Inventory Survey.
8. Fee: The City shall collect a fcc for processing a Tree CI wring Permit per TMC Section
18.88.010, except as otherwise noted in this chapter.
C. Fee exception: No fcc shall be required for vegetation clearing associated with land
altering activity approved under a Land Altering Pcrmit.
1.51.120 Applicant Security Rcguircd
To mitigate damages should they occur as a result of cl aring which is not authorized by a Tree
CI aring Permit, the Director may require from thc applicant a bond, letter of credit, or other
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Commented [CL15]: The Committee wanted to tie the
number of trees that can be removed from single family
zoned properties improved with a dwelling to the size of the
trees being removed. The larger the tree removed, the
fewer that can be taken out in a 36 month period.
Commented [CL16]: From existing TMC 18.54.090
Commented [CL17]: Modified from existing TMC
18.54.100
[Commented
[CL18]: Revised and moved to Permit
Approval Criteria section.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
m ans of security acceptable to the City. The following provisions shall apply in instances
where such securities arc required:
1. The required security shall bc submitted prior to the issuance of a Tree CI wring
Permit.
2. The security shall be equal to City Staffs best estimate of possible costs directly
associated with replacement of cl arcd 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
case shall the security exceed an amount equal to 2.5 times thc current cost of replacing the
plants per the Trcc Replacement requirements of this chapter.
3. The security shall not bc fully rel ased 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.
/1. Securities provided in accordance with this chapter may be redeemed in whole or in
part by thc City of Tukwila upon determination by the Director that the applicant has failed to
fully comply, within thc time specified, with approved plans and/or any remedial or enforcement
actions mandated in accordance with this chapter.
(Ord. 1758 §1 (part), 1995)
18.54.0540 Permit Approval Criteria, General.
To the extent that vegetation retention and/or replacement is consistent with project f asibility
all of the criteria below. These criteria shall bc the basis for approval, approval with condition.,
or denial of any tree cl aring included in a Tree Clearing Permit application.
All Tree Remova[ Permit applications shall meet the criteria outlined below for approval.
A. Existing trees will be retained on-site to the maximum extent possible as required by
TMC 18.54.060 and as recommended in the arborist report, if applicable.
B. Tree protection will be implemented as required in TMC 18.54.070.
C. Tree replacement will be implemented as required in TMC 18.54.080.
D. Tree replacement funds will be deposited into the City of Tukwila Tree Replacement
Fund, as described in TMC 18.54.100, if required.
E. Aperformance assurance will be submitted as required in TMC 18.54.110.
18.54.060 Tree Retention Standards
trees
Site improvements shall be designed and constructed to retain as many existing h althy
as possible, and to meet thc following criteria:
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Commented [CL19]: Replaced with proposed text below.
Commented [CL20]: This text is currently found in TMC
18.54.130 A. and is proposed to be replaced with the text
below.
Commented [CL21]: "Reasonable" added by Advisory
Committee.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
a. Priority shall be given to retention of existing stands of trees, trees at site
perimeter, trees within the shoreline Low Impact Environment, in Sensitive Arcus or Sensitive
Area Buffers, and h iIthy mature trees.
b. All undcrstory vegetation within the essential root zone of protected trees shall be:
{1) retained; OR
{2) removed by methods which arc non damaging to thc tree, and replaced with
vegetation with horticultural requirements which arc compatible with protected trees.
c. Vegetation removal shall be undertaken in such a manner as to preserve, to the.
degree possible, the aesthetic and ecological benefits provided by such vegetation.
A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a
site proposed for development, or re -development, particularly to provide a buffer
between development, taking into account the condition and age of the trees. As part
of a land use application such as, but not limited to, subdivision or short plat review,
design review or building permit review, the Director of Community Development or the
Board of Architectural Review may require reasonable alterations to the arrangement of
buildings, parking or other elements of proposed development in order to retain
Significant, Exceptional or Heritage non-invasive T1reesl.
B. Topping of trees is prohibited and considered removal.
C. Trees located on vacant properties shall not be removed except:
1. Those that interfere with access and/or passage on public trails; or
2. hNhen trees, including alders and cottonwoods, have been determined to be one of
the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and
where the risk cannot be reduced to Low with mitigation, such as pruning:
a. Moderate risk with significant consequences;
b. Moderate risk with severe consequences;
c. High risk with a target or risk target; or,
d. Extreme risk.
3. Factors that will be considered in approving such tree removal include, but are not
limited to, tree condition and health, age, risks to life or structures and potential for
root or canopy interference with utilities.
D. Where permitted, removal of Exceptional or Significant trees on a property zoned Low
Density Residential and improved with a single-family dwelling beyond the up to four
trees permitted within a 36 -month period that arc removed shall be replaced pursuant
to the tree replacement requirements outlined below. The Director or Planning
Commission may require additional trees or shrubs to be installed to mitigate any
potential impact from the loss of thc vegetation as a result bt1 the tree removal.
E. Retention and Replacement of Canopy Cover. On undeveloped sites or sites with dense
tandsl of trees, where the cost of identification of individual tree species and sizes is
inordinate relative to the project, the Director may allow the applicant to use the tree
canopy cover approach outlined below to calculate retention and replacement of trees:
a.Thc site shall have a minimum canopy cover equal to 20% of the site area, or equal
to the existing canopy cover whichever is less.
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[Commented [AC22]: From 18.44.080 B.1.
Commented [AC23]: From Lake Forest Park
Commented [CL24]: This chapter applies to trees, not
vegetation.
Commented [CL25]: From existing code TMC 18.54.140
B. The Committee deleted this subsection as eliminating this
option will provide site specific tree inventory information
when development is proposed.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
b.Canopy cover may consist of any combination of existing trees and replacement
trees. Canopy cover of each new tree shall be calculated based on the canopy
cover from the City's preferred tree list.
F. Protection of trees shall be a major factor in the location, design, construction and
maintenance of streets and utilities. Removal or significant damage that could lead to
tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off-
site tree replacement as required by this Chapter.
G. A Qualified Tree Professional shall provide an assessment of any tree proposed for
retention in a proposed development to ensure its survivability during construction.
H. The Department shall conduct a tree canopy assessment every five years from the date
of the adoption of this Chapter to ensure that the tree canopy goals of the Comprehensive
Plan are being met.
18.54.070 Tree Protection 4 es Standards
a. The proposal shall include tree protection measures which meet or exceed best
.sufficient to ensure the viability of protected trees and other vegetation identified for retention
Sensitive Ar a, its Buffer and vegetation within the shoreline Low Impact Environment.
b. During clearing and/or construction activities, all protected vegetation shall be
.surrounded by protective fencing which prevents adverse impacts associated with cl aring from
intruding into areas of protected /egetation.
All trees vegetatien not proposed for removal as part of a project or development shall be
protected using Best Management Practices and the standards below.
A. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on
adjacent property as applicable, shall be identified on all construction plans, including
demolition, grading, civil and landscape site plans.
B. Any roots within the CRZ exposed during construction shall be covered immediately and
kept moist with appropriate materials. The City may require a third -party Ae arborist
cd to review long-term viability of the tree.
C. Physical barriers, such as 6 foot chain link fence or plywood or other approved
equivalent, shall be placed around each individual tree or grouping at the CRZ.
D. Minimum distances from the trunk for the physical Iconstructioni barriers shall be based
on the approximate age of the tree (height and canopy) as (follows:
1. Young trees (trees which have reached less than 20% of life expectancy): 0.75
per inch of trunk diameter.
2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per
inch of trunk diameter.
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Commented [CL26]: Added by the Committee to make
sure we are monitoring tree canopy percentages over time.
Commented [CL27]: Title of section revised from current
code
Commented [CL28]: Proposed text changes below.
Commented [CL29]: Note to reviewers: TMC 18.52.050,
landscaping code, refers users of that Chapter to TMC 18.54
to find tree protection guidance. These requirements serve
as the tree protection criteria to be followed.
Commented [CL30]: Revised to make terminology
consistent with C. above.
Commented [CL31]: From ISA standards
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
3. Over mature trees (trees which have reached greater than 80% of life
expectancy): 1.5 feet per inch of trunk diameter.
E. Alternative protection methods may be used that provide equal or greater tree
protection if approved by the Director.
F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE
PROTECTION ZONE —THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No
soil disturbance, parking, storage, dumping or burning of materials is allowed within the
Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a
Qualified Tree Professional here). Damage to this tree due to construction activity that
results in the death or necessary removal of the tree is subject to the Violation section
of TMC 18.54.190."
G. All tree protection measures shall bo installed 4144 shall be inspected by the City, and if
deemed necessary a Qualified Tree Professional, prior to -beginning construction or
earth imoving.
H. Any branches or limbs that are outside of the CRZ, and might be damaged by machinery,
shall be pruned prior to construction by an ISA Certified Arborist. No construction
personnel shall prune affected limbs except under the direct supervision of an ISA
Certified Arborist.
I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be
placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch.
Additional measures, such as fertilization or supplemental water shall be carried out
prior to the start of construction if deemed necessary by the arborist's report to prepare
the trees for the stress of construction activities.
J. No storage of equipment or refuse; parking of vehicles; dumping of materials or
chemicals; or placement of permanent heavy structures or items shall occur within the
CRZ.
K. No grade changes or soil disturbance, including trenching shall be allowed within the
CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to
implementation.
L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties
are not impacted by the proposed development.
M. A pre -construction inspection shall be conducted by the City i to finalize tree
protection actions.
N. Post --construction inspection of protected trees shall be conducted by the City, and if
deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative
pruning will be conducted by a Certified Arborist.
18.54.080 Tree Replacement Standards
When tree replacement is required, tThe site shall be planted with trees to meet the following
minimum requirements:
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Commented [CL32]: Modified from TMC 18.54.160 B.
Commented [CL33]: The Committee discussed when or if
to allow construction personnel to prune affected tree
limbs.
Commented [CL34]: Confirm with PW — is this a
reasonable distance
Commented [CL35]: Existing code, TMC 18.54.130 3. with 1
revisions as noted. J
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
A. Each existing Ssignificant Ttree removed, including removal of trees in easements and
rights-of-way for the purposes of constructing public streets and utilities, shall be
replaced with new tree(s), based on the size of the existing tree as shown below, up to a
maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of
required replacement trees exceeds site capacity, payment is required into the City's Tree
Replacement Fund.
B. Tree Replacement Ratios: Table B A below establishes tree replacement ratios when
Significant, Exceptional or Heritage Trees are removed. T3blc B A docs nota ply to the
For propertyies zoned Low Density Residential
and improved with a single-family dwelling, when the number of trees permitted to be
removed in a 36 month period, as shown in Table A, has been exceeded, the replacement
ratios set forth in Table B apply.
C. The property owner is required to ensure the viability and long-term health of trees
planted for replacement through proper care and maintenance for the life of the pre}eet
site's improvement. Replaced trees that do not survive must be replanted in the next
appropriate season for planting.
D. If all required replacement trees cannot be accommodated reasonably on the site the
applicant shall pay into the Tree Replacement Fund. The fee shall be based on the value
of the replacement trees and their delivery, labor for site preparation and plant
installation, soil amendment, mulch, and maintenance costs for three years. In some
circumstances, off-site tree replacement may be allowed, subject to additional
maintenance fees.
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Commented [CL36]: The highlighted language adjusted
after Committee review completed to match the new
approach to determining how many trees can be removed
in a 36 month period.
Commented [CL37]: Clarification by Advisory Committee
as to what is meant by "project".
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
Diameter of Existing Tree Removed
No. of Replacement Trccs Required
4 8 inches
4
8 12 inches
4
12 18 inches
4
18 24 inches
6
>24 inches
8
I AtSLt 13 A: Tree Replacement Requirements
Diameter* of Tree Removed (*m asurcd at
Number of Replacement Trees Iftcquirec1
height of 9.5 feet from the ground}
4 6 inches (single trunk}
3
Small Canopy Tree
2 inchcs (any trunk of a multi trunk tree}
3
Over 6 8 inches
4
Over 8 20 inches
6
Over 20 inches
-8
Amount of Mature Tree
Equivalent Stature Tree
Number of Replacement
Canopy Removed
Trees
Up to 500 sq. ft.
Small Canopy Tree
1
501-1000 sq. ft.
Medium Canopy Tree
2
>1001 sq. ft.
Large Canopy Tree
3
E. Tree replacement shall also meet the standards in TMC 18.54.160.
c. Prior to any vegetation removal, thc applicant shall demonstrate through a
Landscape Plan, Sensitive Arca Mitigation Plan or other materials required per the requirements
of this chapter that vegetation replacement will meet thc following minimum standards:
(1) Minimum sizes shall be 2.5 inch caliper for deciduous trees, 6 to 8 feet in
height for evergreen rees4 24 inchcs in height for shrubs, and 1 gallon for groundcovcr.
{2) Replacement plants shall meet current American Association of Nurserymen
standards for nursery stock;
(3) Planting and maintenance of required replacement vegetation shall be k
accordance with best management practices for landscaping which ensure thc vegetation's long
term h alth and survival.
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Commented [CL38]: We have increased the number of
replacement trees over current tree code to provide an
incentive to try to incorporate existing trees into
development and also to replace existing tree canopy that
will be lost. These are the same replacement ratios as
required under the shoreline regulations.
Commented [CL39]: When removal of a tree is proposed,
the number of trees required for replacement will be based
on what the mature tree canopy of the removed tree would
have been, not the current tree canopy provided.
Commented [CL40]: Planting standards moved to new
section below.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
18.54.090 Tree Relocation
Tree relocation shall be carried out according to Bbest Mmanagement Ppractices, and trees
proposed for relocation shall have a reasonable chance of survival.
18.54.100 Tree Replacement Fund
A. When trees are topped or removed without a permit, or if the number of replacement
trees required by Table B A cannot be accommodated on-site, the Director shall require
payment into the Tree Replacement Fund. The fee will be based on the current cost of
the following:
1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen tree;
2. The cost of labor to install a tree;
3. The cost of supplies needed for the installation of a tree, including but not
limited to, soil amendments, mulch, stakes etc.; and
4. The cost of maintenance of a new tree for at least three years, including but not
limited to, watering, weeding, and pruning.
B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule.
C. The money in this fund shall be used by the City or its contractor to purchase, plant and
maintain trees on sites in the City.
�D. Tree Replacement funds may be used by a single-family property owner to plant
one or more street trees if approved by the Director and by the Public Works
Department. The tree species must be approved by the City and be appropriate to the
site conditions. The property owner is responsible for the sie preparation and
maintenance of the street tree, pursuant to TMC18.54.160.
18.54.11W Performance Assurance A,.pplicant Sccu i
To mitigate potential damages that may result from unauthorized tree removal or maintenance
should they occur as a result of cl wring which is not authorized by a Tree CI wring Permit, the
Director may require from the applicant to submit a bond, letter of credit, or other means of
assurance security acceptable to the City prior to issuance of a Tree Removal Permit, subject to
Tthe following provisions shall apply in instances where such securities arc required:
A. Tree Protection Assurance. The applicant may be required to post a three year -
performance bond or other acceptable security device to ensure the installation,
maintenance and adequate performance of tree protection measures during the
construction process. The amount of this bond shall equal 150 percent of the City's
estimated cost of replacing each replacement tree. The estimated cost per tree shall be
the tree fee established by the City. Prior to DCD final inspection, any protected tree
found to be irreparably damaged, severely stressed or dying shall be replaced according
to the standards identified in this Chapter. The City may release all or part of the bond
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Commented [C141]: Added by the Advisory Committee.
Need to confirm with Public Works,
Commented [CL42]: Revised from TMC 18.54.120
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
prior to the conclusion of the bonding period if the applicant demonstrates that the
requirements of this section have been satisfied and there is evidence that the
protected trees will survive.
B. Tree Maintenance Assurance. Where replacement trees are required, the applicant may
be required to post a onethrcc year replacement tree maintenance bond or other
acceptable security device to ensure the survival of replacement trees. The amount of
the maintenance bond shall equal 150 percent of the cost of plant material, periodic
fertilizing and pruning, and labor until tree survival is ensured. In the event a required
replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall
be replaced according to the standards in this Chapter. The City may release all or part
of the bond prior to the conclusion of the bonding period if the applicant demonstrates
that the requirements of this section have been satisfied and there is evidence that the
protected trees will survive. The requirement for tree maintenance shall be recorded on
the title of the property and if the property is sold prior to the expiration of the on -year
replacement tree maintenance bond, the developer shall assign the bond to the
purchaser.
C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or
snow storms, and earthquakes, shall be exempt from further replacement.
D. The applicant shall provide an estimate of the costs associated with the required
performance bond or other security as described above. In lieu of an applicant's
estimate, the performance assurance shall be equal to City staff's best estimate of
possible costs to meet the above requirements. In no case shall the performance -
assurance exceed an amount equal to two and one-half times the current cost of
replacing the plants in accordance with the tree replacement provisions of this Chapter.
E. The performance assurances shall not be fully released without final inspection and
approval of completed work by the City, submittal of any post -construction evaluations
or following any prescribed trial maintenance period required in the permit.
F. Performance assurances provided in accordance with this Chapter may be redeemed
enforced in whole or in part by the City upon determination by the Director that the
applicant has failed to fully comply with approved plans and/or conditions.
A 18.54.1290
Liability
A. Liability for any adverse impacts or damages resulting from work performed in
accordance with a Tree Removal CI wring Permit issued on behalf of the City within
the City limits, will be the sole responsibility of the owner of the site for which the
permit was issued.
A -B. Issuance of a Tree Remova[ CI acing Permit and/or compliance with permit
provisions or conditions shall not relieve an applicant from any responsibility
otherwise imposed by law for damage to persons or property in an amount greater
than the insured amount required by this Cehapter.
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132
Commented [CL43]: During the Advisory Committee's
review, the question was raised on how to ensure the trees
survive once the property is sold. The last sentence of B.
(highlighted) attempts to address this concern.
Commented [CL44]: Existing language in TMC 18.54.190, I
moved to this section. Revisions as noted.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
C. Nothing contained in this Cehapter shall be deemed to relieve any property owner
within the City limits from the duty to keep any tree or vegetation upon his or her
property or under his or her control in such condition as to prevent it from
constituting a hazard or a nuisance pursuant to per TMC Chapter 8.28.
D. The amount of any security shall not serve as a gauge or limit to the compensation
collected from a property owner as a result of damages associated with any
vegetation clearing.
E. Protection of Property. The applicant shall at all times protect improvements to
adjacent pelvate properties and public rights-of-way or easements from damage
during clearing. The applicant shall restore to the standards in effect at the time of
the issuance of the permit any public or private improvements damaged by the
applicant's operations.
18.54.1360 Permit Processing and
Duration
A. ]f the proposed vegetation clearing and permit application meet the requirements of
this Chapter, the Director shall approve the application and issue the Tree Removal
Permit. All Tree Removal Permits and exceptions shall be processed as Type 1 decisions.
Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision.
B. If the Tree Removal Permit or Tree Exception Permit application is not approved, the
Director shall inform the applicant in writing of the reasons for disapproval.
C. Tree Removal Permits expire one year after the date the permit is issued.
18.54.140 Permit
Exceptions
A. Exception Procedures — An applicant seeking an exception from this Chapter shall
submit a Tree Exception Permit application in addition to the Tree Removal Permit
application. Such application shall fully state all substantiating facts and evidence
pertinent to the exception request, and include supporting maps or plans. The
exception shall not be granted unless and until sufficient reasons justifying the
exception are provided by the applicant and verified by the City. Approval of the
exception is subject to the exception criteria outlined below.
B_A. Exception Criteria
1. The Director may grant exceptions from the requirements of this Cehapter when
undue hardship may be created by strict compliance with the provisions of this Cehapter. Any
authorization for an exception may prescribe conditions deemed necessary or desirable for the
public interest, or necessary to meet the intent of this Cshapter.
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Commented [CL45]: Moved from Permit Conformance
section 18.54.160 C.
Commented [CL46]: Existing text — moved from
18.54.150.
[Commented [CL47]: Existing code, TMC 18.54.140,
except as noted in strikeout/underline.
Commented [CL48]: Highlighted language added by
Advisory Committee.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
2. An exception to this Cehapter shall not be granted unless all of the foliowing criteria
are met:
a. Strict compliance with the provisions of this code may jeopardize projecfeasibility
or reasonable use of property.
b. Proposed tree removal, replacement, and any mitigative measures
proposed, are consistent with the purpose and intent given inthis Cshnpter.
c. The granting of the exception or standard reduction will not be detrimental to the
public welfare or injurious to other property in the vicinity.
3. In addition to the above criteria, the Director may also require review of an exception
request by a third party Qualified Tree Profoinno|*w��=°�~rv=c'
exception request at the expense o[the applicant.
b. Thc size of thc site or project cannot 9
wdicie,.
e =p-
-`
agreed by the applicant and Director.
�m
and other City
_� — — _'_~'
2, ca*ep*cti /e 4 -any
- - ^St�+uw
submitted in writing by th
thall be
ho,
Commented [CL491: This provision (d.) revised and
Commented [C11.50]: Moved to the Tree Retention sectiori
above., 18.54.040 BA.
Conimented [CL51]: Revised and moved to TM
1854.140
arc provided bvthe applicant.
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134
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
18.54.1560 Permit Conformance
A. Pion Conformance All work must be performed in accordance with approved Permit
plans specified in this Cchapter 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.
approved permit drowng`shm0bcinstalled prior toini enufany clearing erand alterieg
18.54.160 Soil Preparation, Plant Material and Maintenance Standarcia
A. Soil Preparation
1. Soils must be prepared for planting by incorporating compost and/or topsoil to a Idepthl
of 12 inches throughout the planting area.
2, An in echonnfthe ma`andnmma,bcre~yhedtncn`vrco,i|`a e
properly prepared,
3. Installation of plants must comply with BMPs
a. Pholes that are the same de
times wder than the root bali.
�
including, but not limited to:
h a he size of the root ball and two to three
b. non balls ofwourdand balled and bu
acd (0&8 an
`
ust be
oosened and
pruned as necessary to ensure there are no encircling roots prior to planting. All
burlap and all straps or wire baskets must be removed from B&B plants prior to
planting.
c. The top of the root flare, where the roots and the trunk begin, should be placed at
gradeThe root bali shall not extend above the soil surface and the flare shail not be
covered by soil or mulch. For bare root piants, ensure soil beneath roots is stable
enough to ensure correct height of the tree.
d. if using muich around trees and shrubs, maintain at least a 46 -inch mulch -free ring
around the base of the tree trunks and woody stems of shrubs, if using mulch around
groundcovers until they become established, mulch shall not be placed over the
crowns of perenrtial plants.
B.Plant Material Btandarde
1. Plant material shall be heaithy,vigorous and weiLformed, with well-developed, fibrous
root systems, free from dead branches or roots, Piants shail be free from damage caused
by temperature extremes, pre -planting or on-site storage, lack of or excess moisture,
insects, disease, and mechanicai injury, Plants in leaf shatil show a full crown bc wcR
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_Commented [CL.52.1: Covered in 18.54.040 B. 7.
Commented [CL531: New section
—Commented [CL541: k1. And 2. Modified from TMC
1832, landscaping regulations.
r!C_,.artintented ICL561: Text in this section adapted from
TMC 18.52,060
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
f-akate[Ei and be of good color. Plants shall be habituated to outdoor environmental
conditions (i.e. hardened -off). There
species in the site landscgpt taking into account
around the site..
2. Ever reen trees shall be a minimum of 6 feet in hei ht at time of slantin
•
3. Deciduous trees shall have at least a 2 -inch caIi
er at time of Iantin
e
ured 4.5 feet
from the ground determined according_to the American Standard for Nursery Stock as it
now reads and as hereafter amended.
4. Smaller plant stock may be substituted on a case b_y case basis with approval of the City's
environmental specialist.
5. Tree s acin shall take nto account the location of existin and new ees as ell as site
conditions.
NyilDip] there are pyerli cadu1ihy 1int.s, Jfietree,species_selectedshall
full maturity will not. interfere with the lines or require prunirtg to maintain necessary
clearances.
C. T ee Maintenance and Pruning
1. Pruning of trees should be for the health of the plant material, to maintain sight distances
or sight lines, or if interfering with overhead utilities. All pruning must be done in
accordance with American National Standards Institute (ANSI) A-300 specifications, as it
now reads and as hereafter [amended!. No more than 25% of the tree canopy shall be
pruned in any two-year period, except for fruit trees that are being pruned to increase
harvest Potential,.
2. AJf protected and replacement trees and vegetation shown in approved Tree Removal
Clearing Permit materials shall be maintained in a healthy condition by the property
owner throughout the life of the project, unless otherwise approved by the Director in a
subsequent Tree Clearing Removal Permit.
3. Trees may only be pruned to lower their height to prevent interference with an
overhead utilit line with .rior a roval b the Director. The it unin: must be carried
**
out under the direction of an ISA Certified Arborist
the utility provider under the direction of an ISA Certified Arborist
The crown shall be maintained to at least 2/3 the height of the tree
r performed by
or to
un n
18.54.170 Heritage Tree ls and Heritage Groves
A. Herita e Trees or a Herita e Grove must be nominated for desi na ion b or a.roved
for nomination b_y, the owner of the property on which the tree or grove is located.
B. Designation Criteria: A tree or grove that meets the basic definition of Heritage Tree or
Heritage Grove must also meet one or more of the following criteria:
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Commented [0.57]: Accidental carry-over from
Landscaping Chapter — does not apply since this Chapter
addresses only trees.
Commented [CM]: From TMC 18.52.060 B.4
Commented [CM]: Modified from 1832.080 C.
n
Commented ECL601: Language related to fruit tree
pruning added by Advisory Committee to allow more
aggressive pruning of fruit trees, if needed. I
)
I Commented [U611: From TMC 18.54.160 D.
Commented [C162]: Deleted at suggestion of Seattle City
Light(SCL) as contractors carrying out pruning have an ISA
Certified Arborist on-site however not always with the
Utilities Specialist qualifications. The SCL supervisor is
typically a Utilities Specialist — this person would have
discussed the pruning project ahead of time with the
pruning contractor.
Commented [C163]: New section
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
Has exce onal national state or local historical s'iinificance includin• association
with a historical ure ro e
or si nificant historical event. or
2. Has an exceptional size or exceptional form for its species; or
3. Has an exceptional age for its species; or
4. Is the sole representative of its species in the area; or
5. Has exceptional botanical or ecological value.
Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that
provides information as to the tree's or grove's significance.
....- • .. - • r...,jdu.:
one or rrior0 of the criteria i ,,tibsection
following criteria:
aye is•ref
2. The grove is distinctive due to a functional or aesthetic relationship to a natural
resource, such as trees located I g stream banks, or trees located along ridge
lincs; or
Eignificant historical event,
D. Heritage Tree or Heritage Grove Development Review
1. When development is proposed for property that contains a Heritage Tree or Grove,
and the Director determines that the o *osed develo ment ma affect a Herita e
Tree
•
a
Qualified Tree Professional as approved by the Director arborist demonstrating how
the Heritage Tree will be protected and preserved. A Heritage Tree shall be
preserved using the tree protection and retention criteria of this Chapter,
2. A tree preservation plan shall be corn Jkosed of the followin*.
a. A site plan indicating the location of Herita e Tree(.
b. The methods to be used to
e
erve the Herita
•
e
ee
c. A
ation
an indica 'n
he re
acemen
ees or additional ne
ees to be
placed on the site. The mitigation lan should demonstrate to the extent
possible, that the character of the site will not substantially change as a result of
development.
Site desin adustments ma be al, • oved in so
e cases for the sub'ec
0
e
0
an affected adjacent parcel, as follows:
a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain
a Herita e Trees or Grove rna be reviewed and granted as part of the
underl, and use or construction .e . The adustment shall be the
minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove
on site and shall not conflictth other ado ed ordinances or conditions aced
on the property,
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Cottirnented [CL64]: The rest of this section risegfruoiamthnes.
City of Vancouver, Washington's heritage tree tio
ICommented ICL651: Subsection C deleted as the criteria
to designate a Heritage Grove are similar to designating a
Heritage Tree. Heritage Grove references integrated into B
above.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
b. Up to a 10% variance to the lot size and/or the lot width requirements in
approving any land division if necessary to retain Heritage Tree(s) or Grove,
4. Removal of a Heritage Tree. No person may cut or remove a Heri a.e Tree without
approval of a Type 2 permit. The Tree Removal Permit may be approved if one or
more of the criteria below is met:
a. Retention of the tree would make reasonable use of the property allowed under
the current zoning impractical or impossible; or
b. The removal is necessary to accommodate a new improvement, structure or
remodeled structure and no alternative exists for relocation of the i • ovement
on the site, or that variances to setback provisions will not allow the tree to be
saved or will cause other undesirable circumstances on the site or adjacent
properties; or
c. The tree is hazardous, diseased or storm damaged and poses a threat to the
health, safety or welfare of the public; or
d. The tree has lost its im ortance as a Heritage Tree due to damage from natural
or accidental causes, or is no longer of historic or natural significance; or
e. The tree needs to be removed to accomplish a public purpose and no practical
alternative exists.
5. The limb structure or crown of a Heritage Tree may be pruned in any one-year
period without obtainin: a T se 2 .ermit provided that at least 80% of the existing
tree crown remains undisturbed.
6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the
existing crown shall apply for a Tree Removal Permit and meet the follow : criteria.
a. The protected tree shall be pruned following acceptable arboricultural
standards; and
b. The tree shall be s uned in a manner that ensures safetv to iubhc and • 'va e
property and shall be carried out b
Any other conditions necessary to ensure compliance with the goals and policies
of the Comprehensive Plan.
an
A ce
ified arborist' and
TMC 18.54.180 Approved and Prohibited Trees
The City will maintain on file, and rovide uson resuest, a hst of a
and trees that are prohibited from being planted in the City. These lists will be updated as new
information becomes available.
•
• *
oved trees fo
antin
TMC 18.54.190 Nriolationsi
A. Failure to comply with any requirement of this Chapter shall be deemed a violation
subject to enforcement pursuant to this Chapter and TMC 8.45.
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138
Commented ECL661: From landscaping Cha; -.)ter, TMC
18.52.110.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
B. Penalties.
1, In addition to any other penalties or other enforcement allowed by law, any person
who fails to comply with the_krovisions of this Chapter also shall be subject to a civil
penalty assessed against the property owner as set forth herein. Each unlawfully
removed or damaged tree shall constitute a separate violation.
2. Removal or da e of tree s without for nd obtainin re.uired Ci
Commented [CL67]: From landscaping Chapter
approval is subtect to a fine of $1,000 per tree, or up_to three times the marketab e I Commented [CL68]: Treble damages (3x) are allowed by
value of each tree removed or damaged as determined by an ISA certified arborist. i RCW 64.12.030.
3. Any fines paid as a result of violations of the Chapter shall be allocated as follows:
75% paid into the City's Tree Replacement Fund; 25% into
t -e the General Fund,
4, The Director may elect not to seek penalties or may reduce the penalties if he/she
determines the circumstances do not warrant imposition of any or all of the civil
pnalties.
5. Penalties are in addition to the restoration of removed fal-a-nt-m-iat-e4a-14 trees through
the remedial measures listed in TMC Section 18.54.200.
6. It shall not be a defense to theprosecution for a failure to obtain a permit required
by this Chapter that a contractor, subcontractor, person with responsibility on the site
or person authorizing or directing the work erroneously believes a permit was issued
to the property owner or any other person.
TMC 18.54.200 Remedial Measures.
In addition to the penalties assessed, the Director shal
e e
1
Commented [C1691: Remedial Measures from TMC
18.52.180, Enforcement and moved to be its own
an son conductin work I subsection. Items A and 13 are new; items C.— F. are existing
in violation of this Cha.ter o mitioate the
acts
nauthorized work b carr
out text moved from TMC 18.54.180 D.
remedial measures.
A. Any illegal removal of required trees shall be subject to obtaining a Tree Re-m-o.ki,a4 Permit
and replacement with trees that meet or exceed the functional value of the removed
trees.
B. To replace the tree canc2Eyjost due to the tree remoyal additional trees must be planted
on-site. Payment shall be made into the City's Tree Fund if the number of replacement
trees cannot be accommodated on-site. The number of replacement trees required will
be based on the size of the tree(s) removed as stated in Table B A.
C. The applicant shall satisfy the permit provisions as specified in this Chapter.
D. Remedial measures must conform to the purposes and intent of this Chapter. In addition,
remedial measures must meet the standardsspecified in this Cl -ter.
standarel-s-f-of-n4i4igat e-a-s--OveFlay-D44
E. Remedial measures must be completed to the satisfaction of the Director within 6 months
of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time
period otherwise specified by the Director.
F. The cost of any remedial measures necessar ect violation this Chapter shall
be borne by the_property owner and/or applicant. Upon the -±pplicant's failure to
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; Commented [CL70]: Revisions to TMC 18.45, the
sensitive area regulations, will occur in 2018 and remedial
I measure for sensitive areas will be addressed there.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
imslement re + uired remedial measures. the Director ma. redeem all or an, ortion
any security submitted by the applicant to implement such remedial measures,
pursuant to the provisions of this Chapter.
18.54.210
Enforcemen`
A. General. In addition to the Notice, of Violation and Order measures prescribed in TMC
Chapter 8.45,, .. the Director may take
any or all of the enforcement actions prescribed in this EFci+Faafr e-C1t }.r. to ensure compliance
with, and/or remedy a violation of this (i+ -d 1r cC mptier; and/or when immediate danger exists
to the public or adjacent property, as determined by the Director.
1. The Director may post the site with a "Stop Work" order directing that all
vegetation clearing not authorized under a Tree _ '_ Permit cease immediately. The issuance
of a "Stop Work" order may include conditions or other requirements which must be fulfilled
before clearing may resume.
2. The Director may, after written notice is given to the applicant, i orwafter the
site has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Clearing
Permit issued by the City.
3. No person shall continue clearing in an area covered by a "Stop Work" order,
or during the suspension or revocation of a Tree Clearing Removal Permit, except work required
to correct an imminent safety hazard as prescribed by the Director.
B. Injunctive relief. Whenever the Director has reasonable cause to believe that any
person is violating or threatening to violate this Cehapter or any provision of an approved Tree
Removal Clearing Permit, the Director may institute a civil action in the name of the City for
injunctive relief to restrain the violation or threatened violation. Such civil action may be
instituted either before or after, and in addition to, any other action, proceeding or penalty
authorized by this CEhapter or TMC Chapter 8.45.
C. Inspection access.
1. The Director may inspect a property 4344# +4--1'41rF
compliance with the provisions of a Tree Removal C—i9
consistent with TMC 8.45.070, r h-Frcaty E - + e 4
s;:etw c> ensure
Permit or this C€hapter,
2. 1 hreFir -Fesie ....s rf s>ary<.by4The Director n n i s t it a s final ins
yn ilt c ri of ta_-.Et s re T {iraax{ sviii a-- Tiro- v sl Ppermit issuance t,a ensure
ince
with this rf r+wt ?te -a a uF Frpr+tisi
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140
Commented [CL71j: Existing text from: TMC 18 54
reflects revisions to the Enforcement section.
DRAFT TMC 18.54 TREE REGULATIONS
Tukwila Tree and Environment Advisory Committee Revisions
ng Clearing , Fen rargiireggiiiiiraggrarriei iiireatiairitigara
tilire-trigeis The permit process is complete upon final approval by the Director.
visions as _,pecified in this chapter.
time period otherwise specified by the Director,
4. The cost of any remedial measures necessary to correct violation(s) ofthis c
provisions of this chapt
18,51.150 Permit Procezing and IDurationi
A. If the proposed vegetation clearing and permit application meet the requirements of
this chapter, the Director
*
Commented ECL721: This section moved to become its
own section see TMC 18.54,200 above.
Commented [C1.73].: Moved to TMC 18.54.040 K & L
Commented [L741: Duration of permit is addressed in
TMC 18,54.130 C. Time limit is increased to one year.
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