HomeMy WebLinkAboutPlanning 2018-01-11 COMPLETE AGENDA PACKET - TMC 18.54 TREE REGULATIONS UPDATE (POSTPONED TO 1/25/18)City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
CHAIR, NHAN NGUYEN; VICE -CHAIR, DENNIS MARTINEZ; COMMISSIONERS, MIGUEL
MAESTAS, SHARON MANN, MIKE HANSEN, LOUISE STRANDER AND HEIDI WATTERS
PLANNING COMMISSION
PUBLIC HEARING AGENDA
JANUARY 11, 2018 - 6:30 PM
TUKWILA CITY HALL COUNCIL CHAMBERS
I. CALL THE MEETING TO ORDER
II. ATTENDANCE
III. ADOPTION OF 12-14-17 MINUTES
IV. CASE NUMBER: L17-0077
APPLICANT: City of Tukwila, Dept. of Community Development
REQUEST: Revise TMC 18.54, Tree Regulations, to address Comprehensive Plan
urban forestry goals and polices and revise TMC 18.06, Definitions,
to incorporate urban forestry terms and revise landscaping
terminology.
LOCATION: City-wide
V. DIRECTOR'S REPORT
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
City of Tukwila
Planning Commission
PLANNING COMMISSION WORKSESSION
MINUTES
Date: December 14, 2017
Time: 6:30 PM
Location: Council Chambers
Present: Commissioners Sharon Mann, Mike Hansen, Louise Strander, and Dennis Martinez
Absent: Chair, Miguel Maestas; Vice -Chair Nhan Nguyen
Staff: Nora Gierloff, Deputy Director, Carol Lumb, Senior Planner; Andrea Cummins,
Urban Environmentalist, and Wynetta Bivens, Planning Commission Secretary
Chair Pro Tem, Sharon Mann called the meeting to order.
r"
This work session is a continuance from the 11/16/17 work session on the proposed revisions to
TMC 18.54, Tree Regulations and revisions to definitions found ' MC 18.06 related to
landscaping, urban forestry and trees.
Chair Pro Tem, Sharon Mann allowed comments from one citizen.
Vanessa Zaputil, a citizen, said that the third bullet in the staff memo is incorrect, that what is
proposed is not the same as what is currently in TMC 18.54.050, Permit Exempt Activities
verbiage. She also said adding the arborist fee report cost to the pennit fees will be a financial
burden to the small business owners and residents. She expressed concern with property owners
not being able to remove a tree due to cost, which is a safety concern. She does not want the
situation where people aren't taking out trees because financial cost and regulatory requirements
are too burdensome.
Commissioner Mann requested staff address the citizen's concerns on the permit activities
verbiage. Staff said the difference in the code requirement is based on the tree size. There was
further discussion.
Commissioner Martinez, expressed cern for long-term residence being on fixed incomes and
having the financial burden to senior citizens.
Commissioner Mann requested to note this as a concern.
Carol Lumb, Senior Planner, and Andrea Cummins, Urban Environmentalist, Department of
Community Development went over the proposed definitions and proposed tree regulations and
answered questions.
ACTION ITEMS:
- Bring back to the Commission, definition of significant tree size compared to other jurisdictions
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Page 2
Public Hearing Minutes
December 14, 2017
- Send information to the Commission on the comparison difference of other Cities for significant
tree sizes as soon as possible.
Commissioner Hansen noted that the comparison of neighboring Cities
is quite important in their discussion and, said he was disappointed that the Commission didn't
have the information for this discussion.
- Bring back to the Commission, documentation on Tree maintenance in the public right -a -way
(page 110)
- Provide a chart on significant trees, 4" versus 6"
- Provide more information from the City Attorney on Injunctive relie
REVISIONS:
Page 96, nuisance trees — add underground utilities.
- Page 97 — send significant tree size chart as soon as possible
Page 103, D. change wording to match chart on page 104— no arborist report for trees
greater than 18"
Page 106 clean up verbiage, paragraph D, nuisance tree.
- Page 108, if tree is damaged by an act of nature, it is not required to be replaced (see page
110 18.54.110 C. for language)
- Page 110, D. top of page, need more information about liability
Page 118, Injunctive Relief — "threatening to violate" — need information about this phrase.
DIRECTOR'S REPORT:
Commissioner Nguyen will be the chair for 2018, and Commissioner Martinez, Vice -Chair.
- Heidi Watters the new Planning Commissioner will go to City Council for confirmation on
January 2, 2018.
- Overview of the 2018 Planning Commission schedule. Staff asked how they could help the
Commission for the process to go smoothly in 2018. PC Responses:
- Provide packets with work completed on the project before coming to PC.
- Have representatives from the Police or Fire department present when variances,
parking, or set -backs are being considered.
- Commitment for enforcement regarding the decisions PC make.
- Better outreach to citizens regarding projects in their neighborhood.
- Staf ed the Commission for all their work in 2017.
Submitted by: Wynetta Bivens
Planning Commission Secretary
2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Tukwila Planning Commission
FROM: Carol Lumb, Senior Planner
Andrea Cummins, Urban Environmentalist
DATE: December 28, 2017
SUBJECT: January 11, 2018 Public Hearing on TMC 18.54, Tree Regulations and
TMC 18.06, Definitions
On January 11, 2018, the Planning Commission will hold a public hearing on revisions
to the City's tree regulations, found in TMC 18.54, and Zoning Code definitions found in
TMC 18.06.
The following changes have been made to the draft regulations, based on Planning
Commission direction to -date (these changes are also highlighted in yellow in the draft
regulations):
1. TMC 18.06 Definitions:
• Nuisance Tree definition has been revised to add "underground utilities".
2. TMC 18.54, Tree Regulations:
a. 18.54.020 D. "Exceptional Tree" deleted from requirement to provide an
arborist's report.
b. 18.54.040 A. spell out "CRZ": Critical Root Zone.
c. 18.54.040 Table A — Arborist report not required for trees 18 inches or
greater in diameter within a 36 -month period.
d. 18.54.060 D. The Planning Commission requested that the language of the
first sentence be revised. Staff suggests the following:
If the number of trees to be removed exceeds the permitted amount in a 36 -
month period on a property zoned Low Density Residential and improved with
a single-family dwelling, those trees shall be replaced based on the
replacement requirements set forth in TMC 18.54.080 and Table B.
e. 18.54.080 B. new last sentence exempts trees damaged or destroyed due to
a natural disaster from replacement.
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Informational Memo
Planning Commission
1-11-18 Pubic Hearing
Page 2
f. 18.54.100 D. The Planning Commission expressed concerns about possible
liability from trees planted in the right-of-way. Staff has requested guidance
from the City Attorney and Public Works on this issue.
g.
18.54.210 B. The Planning Commission requested clarification about
requesting injunctive relief on the basis on someone threatening to violate the
tree regulations. Staff has researched the question and has the following
information:
Typically, a request for injunctive relief must be authorized by the City
Council, which can be time consuming as an item must be scheduled on the
Council's meeting calendar. The language in this subsection would permit
the Director of the Department to initiate legal proceedings in the event of an
emergency, which would save time. This language is in the current TMC
18.54 and is proposed to carry forward into the draft going to the City Council.
Attachment F is a memo from Assistant City Attorney Ann Marie Soto responding to
questions about liability and Attachment G is information from Robin Tischmak, Acting
Public Works Director, and City Engineer, regarding trees in the right-of-way and also
requesting two changes to the draft tree regulations. DCD staff are in agreement with
the requested changes from Public Works to the draft tree regulations.
RECOMMENDATION
Conduct the public hearing on the proposed revisions to TMC 18.06 and TMC 18.54,
deliberate and make a recommendation to the City Council.
ATTACHMENTS
A. Draft revisions to Definitions, TMC 18.06 in strikeout/underline format showing
staff proposed changes, Advisory Committee and Planning Commission
revisions.
B. Draft revisions to TMC 18.54, Tree Regulations, with the staff proposed changes
accepted, Advisory Committee and Planning Commission revisions shown in
strikeout/underline.
C. Comprehensive Plan Urban Forestry Goals and Policies.
D. Current TMC 18.54.
E. Staff Report on land use file L17-0077, Revisions to TMC 18.06 and TMC 18.54
F. Memo from Ann Marie Soto, Assistant City Attorney
G. Email from Robin Tischmak, Acting Public Works Director
H. Significant Tree Comparison Chart.
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TMC 18.06: Revised or New Definitions
Tukwila Tree and Environment Advisory Committee and Planning
Commission Revisions
Note: New text is shown as underlined text; text proposed for deletion
is shown in strikeout. This list of definitions includes existing definitions
as well as proposed new definitions related to trees and landscaping.
#########
At -Risk Tree
"At -Risk Tree" Imeansla tree that is exposed to potential damage but can be retained during
construction by use of appropriate tree protection measures as prescribed by a Qualified Tree
Professional or by TMC Chapter 18.54.
18.06.125 Caliper
"Caliper" means the American Association of1NurserymersAmericanHortIaccepted standard for
measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken
six€ -inches above the ground for up to and including four -inch caliper size trees and 12 inches
above ground for larger size trees.'
18.06.130 Canopy
"Canopy" means an area encircling the base of a tree, the minimum extent of which is
delineated by a vertical line extending from the outer limit of a tree's branch tips down to the
ground.
18.06.135 CanopylCovetj
"Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal
extent of the canopy of all trees on a the site. When a tree trunk straddles a property line, 50%
of the canopy shall be counted towards each property. The canopy coverage of immature trees
and newly planted trees is determined using the projected canopy areas in the City's
Recommended Tree List.
18.06-140 Certified Arborist:
"Certified Arborist"-, see "Qualified Tree Professional" means an arborist certified by the
International Socicty of Arboriculture or National Arborist Association►.
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Commented [CL1]: This is a new definition from Lake
Forest Park with revisions proposed by staff.
Commented [CL2]: Current definition with revisions from
Kirkland definition.
Commented [CL3]: "AmericanHort" is the professional
association formerly known as the American Nursery and
Landscape Association, which merged with the Association
of Horticultural Professionals to become AmericanHort.
Commented [CL4]: This definition applies to nursery
stock for new trees being planted and is distinguished from
measuring diameter of existing trees. Existing trees are
measured 4.5 feet from the ground, which is also referred
to as "Diameter at Breast Height — DBH".
Commented [CL5]: Current definition with additions from
Lake Forest Park.
TMC 18.06: Revised or New Definitions
Tukwila Tree and Environment Advisory Committee and Planning
Commission Revisions
18.06.145 learingl
"Clearing" means removal or causing to be removed, through either direct or indirect actions,
any vegetation from a site. Actions considered to be clearing include, but are not limited to,
causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity;
and/or any filling, excavation, grading, or trenching in the root area of a tree which has the
potential to cause irreversible damage to the tree.
Critical Root lZone
"Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk,
which is equal to one foot for every inch of trunk diameter measured at four and one-half feet
from grade (DBH) or otherwise determined by a qualified professional (example: a 24 -inch
diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be
48 feet in diameter).
Crown
"Crown" means the area of a tree containing leaf- or needle -bearing (branches
Dead Treel
"Dead Tree" means a tree with no live crown and no functioning vascular tissue.
18.06.199 Defective 'Tree'
"Defective Tree" means a tree that meets all of the following criteria:
1. A tree with a combination of structural defects and/or disease that makes it subject to a
high probability of failure; and
2. A tree in proximity to moderate to high frequency targets (persons or property that can
be damaged by tree failure); and
3. The hazard condition of the tree cannot be lessened with reasonable and proper
arboricultural practices nor can the target be removed.
Diameter at Breast 'Height' (DBH)
"Diameter at Breast Height (DBH)" means the diameter of existing Trees measured four and
one-half feet above the ground.
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ICommented [CL6]: No change proposed.
Commented [CL7]: Lake Forest Park
We propose using this term rather than "Essential Root
Zone"
ICommented [CL8]: ISA source of definition
ICommented [CL9]: Lake Forest Park.
Commented [CL 10]: This definition was added when the
landscaping code was revised in March, 2017.
lCommented [CL11]: Lake Forest Park
TMC 18.06: Revised or New Definitions
Tukwila Tree and Environment Advisory Committee and Planning
Commission Revisions
IDripline[
"Dripline" means the distance from the tree trunk that is equal to the furthest extent of the
tree's crown or six-foot radius from the trunk of the tree, whichever is greater (this from Lake
Forest Park).
"Essential root zone" means the area located on the ground between the tree trunk and 10 feet
beyond the lanopyl.
Exceptional Tree
"Exceptional Tree" means a tree that is at least I18241 inches in diameter (DBH). For trees with
two stems, if the stems have a combined total diameter of at least 24 inches, the tree shall be
considered an Exceptional Tree. For trees with three or more stems, if the three largest stems
have a combined total diameter of at least 1824 inches, the tree shall be considered an
Exceptional Tree.
18.06.380 Groundcover
"Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or
shades in whole or in part the earth's surface
Hazardous Tree
See "Defective treej'.
Heritage f Tree or Heritage Grove
"Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by
the City because of historical significance, special character, and/or community benefit.
Invasive Plant and Tree List
"Invasive Plant and Tree List" means the City list of plants and trees that are prohibited from
being planted in landscaped areas subject to an approved landscape plan, and City properties
and rights -of -way -
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Commented [CL12]: From Kirkland and Lake Forest Park
Commented [CL13]: Proposed using the term "Critical
Root Zone" rather than this term.
Commented [CL14]: Size of Exceptional Tree revised by
Committee.
Commented [CL15]: This definition revised when
landscaping code revisions were adopted in March, 2017.
Commented [CL16]: Issaquah
TMC 18.06: Revised or New Definitions
Tukwila Tree and Environment Advisory Committee and Planning
Commission Revisions
Invasive Tree'
"Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the
balance of an eco -system.
Landscape Design Professional
"Landscape Design Professional" means a landscape architect person licensed by the State of
WWashingtonIto engage in thc practice of landscape architecture as defined by RCW 18.98 030 or
..............................
an individual who has graduated from an other accredited landscape design programofessional.
18.06.185 L andscape Architect
"Landscape architect" moans a person licensed by thc State of Washington to engage in the
practice of landscape architecture as defined by RCW 18.96.030.
18.06.490 Landscaping or Landscaped Areas
"Landscaping or Landscaped Areas" means natural vegetation such as trees, shrubs,
groundcover, and other landscape materials arranged in a manner to produce an aesthetic
effect appropriate for the use to which the land is put. Ilnl addition, landscaping or landscaped
areas may also serve as bioswales to reduce storm water runoff, subject to the standards of this
Chapter and TMC Chapter 14.30.
Mulch
"Mulch" means wood chips, bark or other organic material that covers the ground for weed
control and water retention purposes.
18.06.586 Native Vegetation
"Native vegetation" means vegetation with a genetic origin of Western Washington, Northern
Oregon and Southern British Columbia, not including cultivars.
Nuisance Tree
"Nuisance Tree" means a tree that is causing obvious physical damage to structures including
but not limited to sidewalks, curbs, the surfaces of streets, parking lots, or driveways, or
building foundations. Nuisance Tree does not include trees that currently meet the definition
of Hazardous or Defective Tree.
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Commented [AC171: ISA source for definition.
Commented [CL18]: This definition added to reflect new
landscape code and text in TMC 18.52 that identifies those
individuals who may prepare landscape plans for projects.
Commented [CL19]: Propose using "Landscape Design
Professional"
Commented [CL20]: Amended definition to reflect new
landscaping code, which allows bioswales to substitute as
landscaped areas if certain criteria are met.
TMC 18.06: Revised or New Definitions
Tukwila Tree and Environment Advisory Committee and Planning
Commission Revisions
18.06.645 Protected Tree/Protected Vegetation
"Protected tree/Protected Vegetation" means tree or area of understory vegetation identified
on an approved landscape plan to be retained and protected during construction.
18.06.650 Protection Measure
"Protection Measure" means the practice or combination of practices (e.g. construction
barriers, protective fencing, tree wells, etc.) used to control construction or development
activity, where such activity may impact vegetation which is approved for retention in a Tree
CI Bring Permit.
18.06.651 Protective Fencing
"Protective Fencing" means a non -flexible, temporary fence or other structural barrier installed
to prevent permitted clearing or construction activity from adversely affecting vegetation
which is approved for retention required by in- a Tree CI grins Permit or approved landscaping
plan.
Pruning
"Pruning" means the cutting or limbing of tree or shrub branches. Pruning does not include the
removal of any portion of the top of the tree, sometimes referred to as "topping".
Qualified Tree IProfessionall an individual who is a certified professional with academic and
field experience that makes them a recognized expert in urban forestry and tree protection. A
Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA)
and/or the Association of Consulting Arborists, and shall have specific experience with urban
tree management in the state of Washington. Arborists preparing tree valuations shall have the
necessary training and experience to use and apply the appraisal methodology prescribed in the
most recent edition of the ISA Plant Appraisal Guide.
Risl�:
"Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing
damage to a Target such as property or persons.
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Commented [CL21]: Current definition, with proposed
revisions.
Commented [CL22]: New definition, primarily from
Portland, with staff additions.
Commented [CL23]: Modified from Lake Forest Park
Commented [CL24]: Modified from Lake Forest Park with
City revisions.
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TMC 18.06: Revised or New Definitions
Tukwila Tree and Environment Advisory Committee and Planning
Commission Revisions
18.06.705 Screening:
"Screening" means a continuous fence and/or evergreen landscaped planting that effectively
conceals the property it encloses.
18.06.775 Significant' Tree
"Significant Tree" means a single -trunked tree (Cottonwood excluded} which is four -4 inches or
more in diameter as measured e . e e - • - • (DBI -1} gra4e or a
multi -trunked tree with a diameter of two -inches or more on any trunk (such as willows or vine
maple).
18.06.776 Significant Tree, Shoreline:
"Significant trcc, shoreline" means a single trunked tree that is 'I inches or more in diameter at
a height of 4 feet above the ground or a multi trunked tree with a diameter of 2 inches or more
such as willows or vinc maple).
18.06.777 Significant Vegetation Removal'
"Significant Vegetation Removal" means the removal or alteration of trees, shrubs, and/or
ground cover by clearing, grading, cutting, burning, chemical means, or other activity that
causes significant ecological impacts to functions provided by such vegetation. The removal of
invasive or noxious weeds does not constitute significant vegetation removal. Tree pruning,
not including tree topping, where it does not affect ecological functions, does not constitute
significant vegetation removal.
Site 'Disturbance':
"Site Disturbance" means any development, construction, or related operation that could alter
the subject property, including, but not limited to, soil compaction including foot traffic, tree or
stump removal, road, driveway or building construction, installation of utilities, or grading.
18.06.785 Solid Planting':
"Solid Planting" mans a planting of evergreen trccs and/or shrubs which will prevent a
through and unobscured penetration of sight or light.
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Commented [CL25]: Revised to reconcile this definition
with the definition for a 'Significant Tree" in the shoreline
jurisdiction.
Commented [CL26]: No changes proposed to this
definition.
Commented [CL27]: New definition — Kirkland.
Commented [C128]: In searching the code, I do not find
the term "Solid Planting" used; TMC 18.52.020 0 defines
"Type Ill -Heavy Perimeter Screening", which is essentially a
solid planting, so this definition is not needed.
TMC 18.06: Revised or New Definitions
Tukwila Tree and Environment Advisory Committee and Planning
Commission Revisions
Street Tree
"Street Tree" means a tree located within the public right-of-way, or easement for street use
granted to the City, provided that, if the trunk of the tree straddles the boundary line of the
public right-of-way and the abutting property, it shall be considered to be on the abutting
propertv.1
Target or Risk f argetl:
"Target or Risk Target" means, as used in the context of urban forestry or trees, people,
property, or activities that could be injured, damaged, or disrupted by a tree.
Tree Risk Assessment
"Tree Risk Assessment" means the systematic process to identify, analyze and evaluate tree
risk, -prepared in accordance with the latest version of the ISA Best Management Practices
Guide by a Qualified Tree Professional.
Tree Risk lAssessorl:
"Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment
Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the
likelihood of failure, estimates the consequences of tree(s) hitting a Target and determines
options for treatment or mitigation.
18.06.845 LTreel
"Tree" means any self-supporting woody plant which at maturity is usually 20 feet or more in.
height and generally has one main trunk, with a potential diameter br ast height of 2 inches or
more characterized by one main trunk, or for certain species, multiple trunks, typically reaching
12-15 feet in height at maturity that is recognized as a Tree in the nursery and arboricultural
industries.
18.06.850 Tree Remov•aiClearing Permit:
"Tree Removal CI wring Permit" means a permit issued by the Director authorizing tree cl aring
removal activities, or work that may impact the Critical Root konel, pursuant to the general
permit provisions of this Title.
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Commented [CL29]: This definition from Kirkland. Street
tree is also defined in TMC 11.04.040 883 as "any trees
located on any street or public right-of-way". It is not
defined in the new TMC 18.52 ordinance.
Commented [CL30]: Modified from Lake Forest Park.
Commented [CL31]: Modified from Lake Forest Park.
Commented [CL321: Current definition with revisions
from Lake Forest Park.
Commented [CL33]: This phrase added by staff to reflect
change in permit title by Advisory Committee and the
various circumstances that may trigger a Tree Permit.
TMC 18.06: Revised or New Definitions
Tukwila Tree and Environment Advisory Committee and Planning
Commission Revisions
Tree IRemovall:
"Tree Removal" means the direct or indirect removal of a tree through actions including, but
not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or
stems, destroying the structural integrity of trees through improper pruning, poisoning, or
filling, excavating, grading, or trenching within the dripline that results in the loss of more than
20 percent of the tree's root system; or the removal through any of these processes of greater
than 50 percent of the live crown of the tree.
Commented [CL34]: New definition from Lake Forest
Park.
fToppinp,I. -( Commented [CL35]: Revised from Portland
"Topping" means the inappropriate pruning practice - - - - used
to reduce tree height by cutting to a predetermined crown limit without regard to tree health
or structural integrity. Topping does not use acceptable pruning practices as described in the
American National Standards Institute (ANSI) "A 300 Pruning Standards" and companion "Best
Management Practices for Tree Pruning" published by the International Society of
Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety
hazard, dead or diseased material.
18.06.860 Understory Vegetation:
"Understory vegetation" means small trees, shrubs, and groundcover plants, growing beneath
and shaded by the canopy of a significant tree, which affect and are affected by the soil and
hydrology of the area surrounding the significant tree roots.
18.06.910 Vegetation:
"Vegetation" means living trees, shrubs or groundcover plants.
Viable ltreel:
"Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be
in good health with a low risk of failure, is relatively Windfirm if isolated or exposed, and is a
species that is suitable for its location and is therefore worthy of long-term retention.
lWindfirml
"Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional
has evaluated and determined that can withstand normal winter storms or surrounding tree
removal.
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Commented [CL36]: Lake Forest Park
Commented [CL37]: Lake Forest Park
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
CHAPTER 18.54
URBAN FORESTRY AND TREE REGULATIONS
Sections:
18.54.010 Purpose
18.54.020 Scope
18.54.030 Tree Removal Permit Required
18.54.040 Permit Submittal Requirements
18.54.050 Permit Approval Criteria, General
18.54.060 Tree Retention Standards
18.54.070 Tree Protection Standards
18.54.080 Tree Replacement Standards
18.54.090 Tree Relocation
18.54.100 Tree Replacement Fund
18.54.110 Performance Assurance
18.54.120 Liability
18.54.130 Permit Processing and Duration
18.54.140 Permit Exceptions
18.54.150 Permit Conformance
18.54.160 Soil Preparation, Plant Material and Maintenance
18.54.170 Heritage Trees and Heritage Groves
18.54.180 Approved and Prohibited Trees
18.54.190 Violations
18.54.200 Remedial Measures
18.54.210 Enforcement
18.54.010 Purpose
The purpose of this Chapter is to implement the Urban Forestry Comprehensive Plan goals; to
maintain and increase tree canopy throughout the city; and to provide requirements for tree
maintenance, tree retention and protection. Trees and their canopy act to improve air quality,
promote the public health, reduce human -related stress, increase property values, reduce heat
islands, and reduce storm water flows. The tree regulations also support the Low Impact
Development goals of the Comprehensive Plan and the City's National Pollution Discharge
Elimination System permit.
In particular, the purpose of this Chapter is to:
1. Regulate the pProtection of existing trees prior to and during Oevelopmentl;
2. Establish protections requirements for the long-term maintenance of trees and
vegetation;
3. Moderate the effects of wind and temperature;
4. Minimize the need for additional storm drainage facilities;
5. Stabilize and enrich the soil and minimize surface water and ground water run-off
and diversion which may contribute to increased instability, sedimentation, or
turbidity in streams, lakes, or other water bodies;
Commented [CL1]: New purpose text to reflect adopted
Urban Forestry Comprehensive Plan goals and policies.
Commented [CL2]: Advisory Committee revisions to
Purposes #1 and 2.
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DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
6. Protect fish, wildlife and their habitats by promoting tree retention and improving
water quality;
7. Ensure tree replacement after removal to provide erosion control and to achieve
canopy coverage goals;
8. Recognize the importance of Heritage and Exceptional Trees to the history of the
community; and
9. Establish procedures for penalties and violations of the tree code.
18.54.020 Scope
This chapter sets forth rules and regulations to control clearing of trees and undcrstory vegetation
Iwithinithe City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations,
Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping.
18.54.030 Tree Removal Permit Required (LFP)
A. Permit !Required.
1A Tree Remova[ Permit is required prior to work within the Critical Root Zone of
any Significant, Exceptional or Heritage Tree or prior to the removal or
destruction of any of these Trees within the City, unless the action is exempt
from this Chapter.
4,2. A Tree Removal Permit is required when any person wishes to prune a
Heritage Tree in excess of 20% of the existing crown.
3_A request for an exception to the requirements of the Chapter shall be processed
under a Tree Exception Permit.
B. Tree Removal on undeveloped lots is prohibited.
C. Tree Removal Exemptions!. The following activities are exempt from the
requirements of this Chapter:
1. The removal of trees that are less than 4" in Diameter at Breast Height (DBH) on
a property zoned Low Density Residential and improved with a single-family
dwelling.
2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive
area or its buffer.
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
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Commented [CL3]: These regulations do not address
understory vegetation — just trees. Understory vegetation is
regulated in SAO and Shoreline regulations.
Commented [CL4]: Committee revision: Name permit
"Tree Permit" then have different types:
1. Tree Removal
2.Tree Impact (for work in CRZ)
3. Heritage Tree Removal or Pruning over 20% of existing
crown.
4. Exceptional Tree Removal
5.Tree Removal -Utilities
Commented [CL5]: Mix of Lake Forest Park and current
exemptions in TMC 18.54
! Commented [CL6]: From TMC 18.54.050
Commented [CL7]: Added by Advisory Committee.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
may be undertaken in advance of receiving a permit. Any person, utility or
public entity undertaking such an action shall submit a Tree Removal Permit
application within one week of the emergency action and replace the tree(s) if
required by this Chapter. For major storm events, additional time to apply for
the Trcc Permit may be granted to the 'utility'. 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 report3, ew, unless otherwise stated in this Chapter., except for the
removal of Significant Trccs, other than Exceptional or Heritage Trees, including
invasive species, on a lot zoncd Low Density Residential and improved with a single
family dwelling.. An arborist's re ort is not rc uircd for the allowed removal of
trees on a lot zoncd Low Density Residential and improved with a single family
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 -e* site clearing, or work within the
Critical Root Zone,_a Tree Removal Permit application must be submitted to the
Department of Community Development containing the following information:
1. Site Plan of the proposal khowingl:
a. Diameter, species name, location and canopy of existing Significant Trees in
relation to proposed and existing structures, utility lines, and construction
limit line;
b. Identification of all Significant Trees to be removed and/or relocated;
c. Existing and proposed topography of the site at 2 -foot contour intervals; and
d. Limits of any sensitive area and sensitive area buffer and/or shoreline
jurisdiction.
2. Landscape Plan for the proposal [showing':
a. Diameter, species name, spacing and location of replacement trees to be
planted;
b. Diameter, species name and location of all Significant Trees to be retained;
and
c. Vegetation protection measures consistent with the criteria in TMC
18.54.060
3. Professional review or recommendation. Assessment prepared by an ISA
Certified Arborist addressing the [Following':
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Commented [CL8]: Added at the request of Seattle City
Light.
Commented [CL9]: Committee approved substitute
language — avoids the need to define "major storm even",
and also there might be other entities besides utilities that
would need to use this provision.
Commented [CL1O]: Revised this subsection to require an
arborist report, not just an arborist's review.
Commented [CL11]: This revision makes the text
consistent with a revision the Planning Commission made to
Table A, under B. below.
Commented [CL12]: TMC 18.54.080 1.
I Commented [CL13]: From TMC 18.54.080 2.
I Commented [CL14]: Revised from TMC 18.54.080 3.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
a. The anticipated effects of proposed construction or tree removal on the
viability of Significant Trees to remain on-site;
b. Recommendations on replacement trees, spacing and maintenance of
proposed replacement trees once installed;
c. Post -construction site inspection and evaluation; and
d. Estimated cost of maintenance of replacement trees for the purposes of
calculation of financial assurance, if 'required'.
4. A photo of the tree(s) to be impacted or removed.
4.5. Time schedule. Proposed time schedule of vegetation removal, relocation
and/or replacement, and other construction activities which may affect on-site
vegetation, sensitive area, sensitive area buffer, and/or shoreline zone.
B. Single Family Tree Removal No Fcc Permit Application — Remo• l of Up to Four Trees of
tress. The removal of 1 '1 trees within any 36 month period on a property zoncd Low
-Density Residential and improved with a single family dwelling, is subject to a no fee Tree
Removal Permit. Items to be submitted with thc permit application arc:
The removal of 1-4 trees within any 36 -month period on a property zoned Low Density
Residential and improved with a single-family dwelling is permitted, subject to the
requirements in Table A below and possible tree replacement. Information to be submitted
as part of a Tree Inventory Survey shall include the following:
1. Site plan, with the tree(s) to be removed identified, the trcc species, and
diameter of tree and thc location of any utility lines or other built infrastructure;
2. Number and size of trees to be removed.
3. The location of any affected 'utility' lines within the overhead "fall zone" or other
built infrastructure.
4. Photos of the tree(s) to be removed;
5. The method of removal and identification of contractor; and
6. Time schedule of tree removal.
Table A
Single Family Tree Removal Requirements
Trees (DBH)
# of Trees in 36 Month
Tree Permit?
Arborist Report?
Period that can be
'Removed'
4-8"
4
Tree Inventory Survey
No
>8-12"
2
Yes
No
>12-18"
2
Yes
No
>1844"
1
Yes
Ycs No
4"
4
Y -es
Y -es
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Commented [CMS]: New text.
Commented [CL16]: Permit application should also
suggest that applicant call 811 for a utility locate to ensure
no underground utilities will be impacted by tree removal.
Commented [CL17]: The Committee wanted to tie the
number of trees that can be removed from single family
zoned properties improved with a dwelling to the size of the
trees being removed. The larger the tree removed, the
fewer that can be taken out in a 36 month period.
Commented [CL78]: Planning Commission revision to not
require an arborist's report for Exceptional tree removal.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
See Table B for the number of replacement trees required, if any.
A, C.
Permit Materials 11Maiverj
The Director may waive the requirement for any or all plans or permit items specified in this
section upon finding that the information on the application is sufficient to demonstrate
that the proposed work will meet the approval criteria detailed in this Chapter and other
City ordinances. Such waiver of a requirement shall not be construed as waiving any other
requirements of this Chapter or related regulations.
D. Permit Application Feel
Fee required: A Tree Remova[ Permit fee shall be paid at the time an application or request
is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted
in this Chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the
time of application. There is no permit fee for submittal of the Tree Inventory Survey.
18.54.050 Permit Approval Criteria, General.
A All Tree Removal Permit applications shall meet the criteria outlined below for approval.
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.
ErE. A performance assurance will be submitted as required in TMC 18.54.110.
18.54.060 Tree Retention Standards
A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a
site proposed for development, or re -development, particularly to provide a buffer
between development, taking into account the condition and age of the trees. As part
of a land use application such as, but not limited to, subdivision or short plat review,
design review or building permit review, the Director of Community Development or the
Board of Architectural Review may require reasonable alterations to the arrangement of
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I Commented [CL19]: From existing TMC 18.54.090
Commented [CL20]: Modified from existing TMC
18.54.100
Commented [CL21]: Revised and moved to Permit
Approval Criteria section.
ICommented [CL22]: Replaced with proposed text below.
Commented [CL23]: The topic of tree retention is
currently found in TMC 18.54.130 1. and is proposed to be
replaced with the text below.
17
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
buildings, parking or other elements of proposed development in order to retain
Significant, Exceptional or Heritage non-invasive Trees'
B. Topping of trees is prohibited and considered removal,.
C. Trees located on vacant properties shall not be removed except:
1. Those that interfere with access and/or passage on public trails; or
2. When trees, including alders and cottonwoods, have been determined to be one
of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and
where the risk cannot be reduced to LJow 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 the Ivegetationlas a result of the tree removal.
stands of trees, where the cost of identification of individual tree species and sizes it
inordinate relative to thc project, thc 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 thc site ar a, or equal-
to
qua[to the existing canopy cover whichever is Tess.
bCanopy cover may consist of any combination of existing trees and replacement
cover from the City's preferred tree list.
�E. Protection of trees shall be a major factor in the location, design, construction and
maintenance of streets and utilities. Removal or significant damage that could lead to
tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off-
site tree replacement as required by this Chapter.
G F. A Qualified Tree Professional shall provide an assessment of any tree proposed for
retention in a proposed development to ensure its survivability during construction.
G. The 'Department' shall conduct a tree canopy assessment every five years from the date
of the adoption of this Chapter to ensure that the tree canopy goals of the Comprehensive
Plan are being met.
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{ Commented [AC24]: From 18.44.080 B.1.
Commented [AC25]: From Lake Forest Park
Commented [CL26]: The Planning Commission requested
that the language in D. be revised to be clearer. Staff
proposes the following:
If the number of trees to be removed exceeds the permitted
amount in a 36 -month period on a property zoned Low
Density Residential and improved with a single-family
dwelling, those trees shall be replaced based on the
replacement requirements set forth in TMC 18.54.080, and
Table B.
Commented [CL27]: Should be trees not vegetation, as
this Chapter does not address vegetation retention.
Commented [CL28]: Subsection E. is from existing code,
TMC 18.54.140 B.
It was deleted by the Committee as eliminating this option
will provide site specific tree inventory information when
development is proposed.
Commented [CL29]: Added by the Committee to make
sure we are monitoring tree canopy percentages over time.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
18.54.070 Tree Protection Standards'
..............
All treesvcgctation 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-partyAR arborist
may be required to review long-term viability of the tree.
C. Physical barriers, such as 6 foot chain link fence or plywood or other approved
equivalent, shall be placed around each individual tree or grouping at the CRZ.
D. Minimum distances from the trunk for the construction physical -barriers shall be based
on the approximate age of the tree (height and canopy) as 'follows':
1. Young trees (trees which have reached less than 20% of life expectancy): 0.75
per inch of trunk diameter.
2. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per
inch of trunk diameter.
3. Over mature trees (trees which have reached greater than 80% of life
expectancy): 1.5 feet per inch of trunk diameter.
E. Alternative protection methods may be used that provide equal or greater tree
protection if approved the Director.
F. A weatherproof sign shall be installed on the fence or barrier which reads: "TREE
PROTECTION ZONE —THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No
soil disturbance, parking, storage, dumping or burning of materials is allowed within the
Critical Root Zone. The value of this tree is $ (insert value of tree as determined by a
Qualified Tree Professional here). Damage to this tree due to construction activity that
results in the death or necessary removal of the tree is subject to the Violation section
of TMC 18.54.190."
G. All tree protection measures shall be installed an -el shall be inspected by the City, and if
deemed necessary, a Qualified Tree Professional, prior to beginning construction or
earth 'moving'
H. Any branches or limbs that are outside of the CRZ and might be damaged by machinery,
shall be pruned prior to construction by an ISA Certified Arborist. No construction
personnel shall prune affected limbs except under the direct supervision of an ISA
Certified A'rboristl.
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.
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Commented [CL30]: Title of section revised from current
code
Commented [CL31I: Note to reviewers: TMC 18.52.050,
landscaping code, refers users of that Chapter to TMC 18.54
to find tree protection guidance. These requirements serve
as the tree protection criteria to be followed.
Commented [CL32]: From ISA standards
Commented [CL33]: Modified from TMC 18.54.160 B.
Commented [CL34]: The Committee discussed when or if
to allow construction personnel to prune affected tree
limbs.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
J. No storage of equipment or refuse; parking of vehicles; dumping of materials or
chemicals; or placement of permanent heavy structures or items shall occur within the
CRZ.
K. No grade changes or soil disturbance, including trenching, shall be allowed within the
CRZ. Grade changes within 10lfeetI of the CRZ shall be approved by the City prior to
implementation.
L. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties
are not impacted by the proposed development.
M. A pre -construction inspection shall be conducted by the City is required to finalize tree
protection actions.
N. Post -construction inspection of protected trees shall be conducted by the City, and if
deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative
pruning will be conducted by a Certified Arborist.
18.54.080 Tree Replacement Standards
When tree replacement is required, the site shall be planted with trees to meet the following
minimum (requirements:
A. Each existing Significant Tree removed, including removal of trees in easements and
rights-of-way for the purposes of constructing public streets and utilities, shall be
replaced with new tree(s), based on the size of the existing tree as shown below, up to a
maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of
required replacement trees exceeds site capacity, payment is required into the City's Tree
Replacement Fund.
B. Tree Replacement Ratios: Table BA below establishes tree replacement ratios when
Significant, Exceptional or Heritage Trees are removed. For propertiesy zoned Low
Density Residential and improved with a single-family dwelling, when the number of trees
permitted to be removed in a 36 month period, as shown in Table A, has been exceeded,
the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters,
such as wind storms, hail, ice or snow storms, and earthquakes, are not required to be
Ireplacedl•
C. The property owner is required to ensure the viability and long-term health of trees
planted for replacement through proper care and maintenance for the life of the site's
improvement(s)project. Replaced trees that do not survive must be replanted in the next
appropriate season for planting.
P—If all required replacement trees cannot be accommodated reasonably on the site, the
applicant shall pay into the Ttree Rfeplacement Ffund. The fee shall be based on the value
of the replacement trees and their delivery, labor for site preparation and plant
installation, soil amendment, mulch, and maintenance costs for three years. In some
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Commented [CL35]: Confirm with PW — is this a
reasonable distance
Staff have confirmed with the Acting Public Works Director
that this language is OK.
Commented [CL36]: Existing code, TMC 18.54.130 3. with
revisions as noted.
Commented [CL37]: This language added by the Planning
Commission—similar to language in 18.54.110 C., below
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
circumstances, off-site tree replacement may be allowed, subject to additional
maintenance fees.
TABLE BA: Tree Replacement Requirements
Diameter* of Trcc Removed (*measured at Number of Replacement Trccs Required
height of 4.5 feet from the ground)
4 6 inchcs (single trunk}
2 inchcs (any trunk of a multi trunk trcc
Over 6 8 inches
Over 8 20 inches
Over 20 inches
3
4
Amount of Mature Tree
Equivalent Stature Tree
Number of Replacement
lCanopyl Removed
Trees
Up to 500 sq. ft.
Small Canopy Tree
1
501-1000 sq. ft.
Medium Canopy Tree
2
>1001 sq. ft.
Large Canopy Tree
3
D. Tree replacement shall also meet the standards in TMC 18.54.160.
18.54.090 Tree 'Relocation'
Tree relocation shall be carried out according to Best Management Practices, and trees proposed
for relocation shall have a reasonable chance of survival.
18.54.100 Tree Replacement Fund
A. When trees are topped or removed without a permit, or if the number of replacement
trees required by Table BA cannot be accommodated on-site, the Director shall require
payment into the Tree Replacement Fund. The fee will be based on the current cost of
the following:
1. The cost of purchasing and delivering a 2" caliper deciduous or 6' evergreen ltreel
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.
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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]: Committee direction is to look at
other ways to establish the number of trees required for
replacement — perhaps tie to the amount of canopy
proposed replacement tree would provide.
Commented [CL40]: When removal of a tree is proposed,
the number of trees required for replacement will be based
on what the mature tree canopy of the removed tree would
have been, not the current tree canopy provided.
Commented [CL41]: Moved from TMC 18.54.130 5. to
here.
Commented [CL42]: Committee also added "installing"
but that is covered in #2 below.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
C. The money in this fund shall be used by the City or its contractor to purchase, plant and
maintain trees on sites in the City.
D. Tree Replacement funds may be used by a single-family property owner to plant one or
more street trees if approved by the Director and by the Public Works Department. The
tree species must be approved by the City and be appropriate to the site conditions.
The property owner is responsible for the site preparation and maintenance of the
street tree -pursuant to TMC 18.54.11601
18.54.110 Performance Assurance 1
To mitigate potential damages that may result from unauthorized tree removal or maintenance
the Director may require the applicant to submit a bond, letter of credit, or other means of
assurance acceptable to the City prior to issuance of a Tree Remeva4 Permit, subject to the
following provision:
A. Tree Protection Assurance. The applicant may be required to post a three year -
performance bond or other acceptable security device to ensure the installation,
maintenance and adequate performance of tree protection measures duringlthel
construction process. The amount of this bond shall equal 150 percent of the City's
estimated cost of replacing each replacement tree. The estimated cost per tree shall be
the tree fee established by the City. Prior to DCD final inspection, any protected tree
found to be irreparably damaged, severely stressed or dying shall be replaced according
to the standards identified in this Chapter. The City may release all or part of the bond
prior to the conclusion of the bonding period if the applicant demonstrates that the
requirements of this section have been satisfied and there is evidence that the
protected trees will survive.
B. Tree Maintenance [Assurance'. Where replacement trees are required, the applicant may
be required to post a 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 one-
year replacement tree maintenance bond, the developer shall assign the bond to the
purchaser.
C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or
snow storms, and earthquakes, shall be exempt from further replacement.
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Commented [CL43]: Need to confirm with Public Works.
Commented [CL44R43]: Public Works OK with this
language.
r Commented [CL45]: Planning Commission expressed
concerns about this section based on questions about
liability for damage or injury from a street tree.
Commented [CL46]: Revised from TMC 18.54.120
Commented [CL47]: Added by the Committee.
Commented [CL48]: During the Advisory Committee's
review, the question was raised on how to ensure the trees
survive once the property is sold and the homeowner takes
over maintenance. The last sentence of B. (highlighted)
attempts to address this concern.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
D. The applicant shall provide an estimate of the costs associated with the required
performance bond or other security as described above. In lieu of an applicant's
estimate, the performance assurance shall be equal to City staff's best estimate of
possible costs to meet the above requirements. In no case shall the performance
assurance exceed an amount equal to two and one-half times the current cost of
replacing the plants in accordance with the tree replacement provisions of this Chapter.
E. The performance assurances shall not be fully released without final inspection and
approval of completed work by the City, submittal of any post -construction evaluations
or following any prescribed trial maintenance period required in the permit.
F. Performance assurances provided in accordance with this Chapter may be redeemed-
enforced
edeemedenforced in whole or in part by the City upon determination by the Director that the
applicant has failed to fully comply with approved plans and/or conditions.
18.54.120
Liability
A. Liability for any adverse impacts or damages resulting from work performed in
accordance with a Tree Removal g Permit, be the sole responsibility of the owner of
the site for which the permit was issued.
B. Issuance of a Tree Removal Permit and/or compliance with permit provisions or
conditions shall not relieve an applicant from any responsibility otherwise imposed
by law for damage to persons or property in an amount greater than the insured
amount required by this Chapter.
C. Nothing contained in this Chapter shall be deemed to relieve any property owner
from the duty to keep any tree or vegetation upon his or her property or under his
or her control in such condition as to prevent it from constituting a hazard or a
nuisance pursuant to TMC Chapter 8.28.
D. The amount of any security shall not serve as a gauge or limit to the compensation
collected from a property owner as a result of damages associated with any
vegetation clearing.
E. [Thel applicant shall at all times protect improvements to adjacent private properties
and public rights-of-way or easements from damage during clearing. The applicant
shall restore to the standards in effect at the time of the issuance of the permit any
public or private improvements damaged by the applicant's operations.
18.54.130 Permit Processing and Duration
A. All Tree Removal Permits shall be processed as Type 1 decisions. Exceptions to the
requirements of this Chapter shall be processed as a Type 2 decision.
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Commented [CL49]: Existing language in TMC 18.54.190,
moved to this section. Revisions as noted.
Commented [CL50]: Moved from Permit Conformance
section 18.54.160 C.
Commented [CL51]: Existing text — moved from
18.54.150.
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DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
B. If the Tree Rcmova[ 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 Rcmova[ Permit application. Such application shall fully
state all substantiating facts and evidence pertinent to the exception request, and include
supporting maps or plans. The exception shall not be granted unless and until sufficient
reasons justifying the exception are provided by the applicant and verified by the 'City'.
Approval of the exception is subject to the exception criteria outlined below.
B. Exception Criteria
1. The Director may grant exceptions from the requirements of this Chapter when undue
hardship may be created by strict compliance with the provisions of this Chapter. Any
authorization for an exception may prescribe conditions deemed necessary or desirable for the
public interest, or necessary to meet the intent of this Chapter.
2. An exception to this Chapter shall not be granted unless all of the following criteria
are met:
a. Strict compliance with the provisions of this code may jeopardize project feasibility
or reasonable use of property.
b. Proposed treevcgctatiorl removal, replacement, and any mitigative measures
proposed, are consistent with the purpose and intent given in this Chapter.
c. The granting of the exception or standard reduction will not be detrimental to the
public welfare or injurious to other property in the vicinity.
3. In addition to the above criteria, the Director may also require review of an exception
request by a third party Qualified Tree Professional at the expense of the )applicant).
18.54.150 Permit Conformance
All work must be performed in accordance with approved Permit plans specified in this Chapter
or revised plans as may be determined by the Director. The applicant shall obtain permission in
writing from the Director prior to modifying approved plans.
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Commented [CL52]: Existing code, TMC 18.54.140,
except as noted in strikeout/underline.
I Commented [CL53]: Added by the Advisory Committee.
I Commented [C154]: Staff suggested addition.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
18.54.160 Soil Preparation, Plant Material and Maintenance Standards
A. Soil Preparation
1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth
of 12 inches throughout the planting area.
2. An inspection of the planting areas prior to planting may be required to ensure soils are
properly prepared.
3. Installation of plants must comply with BMPs including but not limited to:
a._Planting holes that are the same depth as the size of the root ball and two to three
times wider than the root ball.
b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and
pruned as necessary to ensure there are no encircling roots prior to planting. All
burlap and all straps or wire baskets must be removed from B&B plants prior to
planting.
c. The top of the root flare, where the roots and the trunk begin, should be placed at
grade. The root ball shall not extend above the soil surface and the flare shall not be
covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable
enough to ensure correct height of the tree.
d. If using mulch around trees and shrubs, maintain at least a 4€ -inch mulch -free ring
around the base of the tree trunks and woody stems of shrubs. If using mulch around
groundcovers until they become established, mulch shall not be placed over the
crowns of perennial plants.
B. Plant MaterialStandards
1. Plant material shall be healthy, vigorous and well -formed, with well-developed, fibrous
root systems, free from dead branches or roots. Plants shall be free from damage caused
by temperature extremes, pre -planting or on-site storage, lack of or excess moisture,
insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good
color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off).
There must be a diversity of tree and shrub genus and species in the site (landscaping
taking into account species in existing development around the site.
2. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
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Commented [CL55]: New section
Commented [CL56]: A.1. And 2. Modified from TMC
18.52, landscaping regulations.
Commented [CL57]: From TMC 18.52.070, landscaping
regulations.
Commented [C158]: Text in this section adapted from
TMC 18.52.060
Commented [C159]: Accidental carry-over from
Landscaping Chapter.
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DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
3. Deciduous trees shall have at least a 2 -inch caliper at time of planting as measured 4.5 feet
from the ground, determined according to the American Standard for Nursery Stock as it
now reads and as hereafter amended.
4. Smaller plant stock may be substituted on a case by case basis with approval of the City's
environmental specialist.
5. Tree spacing shall take into account the location of existing and new trees as well as site
conditions.
6. Where' there are overhead utility lines, the tree species selected shall be of a type which,
at full maturity, will not interfere with the lines or require pruning to maintain necessary
clearances.
C. Tree Maintenance and Pruning
1. Pruning of trees should be 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; thatw4ieki are being pruned to
increase harvest'potential'.
2. 'All protected and replacement trees and vegetation shown in approved Tree Removal
_.. ........
Clearing Permit material:, shall be maintained in a healthy condition by the property
owner throughout the life of the project, unless otherwise approved by the Director in a
subsequent Tree Clearing Removal Permit.
3. Trees may only be pruned to lower their height to prevent interference with an
overhead utility line with prior approval by the Director. The pruning must be carried
out under the direction of an ISA Ceertified Arborist UtilitiesSpecialist' or performed by
the utility provider under the direction of an ISA Ceertified Arborist Utilities Specialist.
The crown shall be maintained to at least 2/3 the height of the tree prior to pruning.
18.54.170 Heritage Tree4nd Heritage Oroves1 _
A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved
for nomination by, the owner of the property on which the tree or grove is located.
B. Designation Criteria: A tree or grove that meets the basic definition of Heritage Tree or
Heritage Grove must also meet one or more of the following criteria:
1. Has exceptional national, state or local historical significance including association
with a historical figure, property, or significant historical event; or
2. Has an exceptional size or exceptional form for its species; or
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I Commented [CL60]: From TMC 18.52.060 B.4
Commented [CL61]: Modified from 18.52.080 C.
Commented [CL62]: Added by Committee to allow more
aggressive pruning of fruit trees, if needed.
Commented [CL63]: From TMC 18.54.160 D.
Commented [CL64]: Deleted at suggestion of Seattle City
Light (SCL) as contractors carrying out pruning have an ISA
Certified Arborist on-site however not always with the
Utilities Specialist qualifications. The SCL supervisor is
typically a Utilities Specialist —this person would have
discussed the pruning project ahead of time with the
pruning contractor.
Commented [CL65]: New section
Commented [CL66]: Heritage Grove added to this section
as criteria for designation were similar to those to designate
a Heritage Tree.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
3. Has an exceptional age for its species; or
4. Is the sole representative of its species in the area; or
5. Has exceptional botanical or ecological value.
Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that
provides information as to the tree's or grove's significance.
one or Imorcl of thc criteria in subsection B. above, thc grove meets one or morc of the
following criteria:
are distinctive either due to size, shape, species or age; or
fcsour cc, such as trees located along stream banks, or trees located along ridge
lines; or
3 The grove has a documented association with a historical figure, property, or
significant historical event.
S C. Heritage Tree Development Review
1. When development is proposed for property that contains a Heritage Tree, and the
Director determines that the proposed development may affect a Heritage Tree, the
property owner must have a tree preservation plan prepared by a qualified arborist
Qualified Tree Professional as approved by the Director demonstrating how the
Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved
using the tree protection and retention criteria of this Chapter.
2. A tree preservation plan shall be composed of the following:
a. A site plan indicating the location of Heritage Tree(s).
b. The methods to be used to preserve the Heritage Tree(s).
c. A mitigation plan indicating the replacement trees or additional new trees to be
placed on the site. The mitigation plan should demonstrate, to the extent
possible, that the character of the site will not substantially change as a result of
development.
3. Site design adjustments may be approved in some cases for the subject property
or an affected adjacent parcel, as follows:
a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain
a Heritage Tree(s) may be reviewed and granted as part of the underlying land
use or construction permit. The adjustment shall be the minimum necessary to
accomplish preservation of the Heritage Tree(s) on site and shall not conflict
with other adopted ordinances or conditions placed on the property.
b. Up to a 10% variance to the lot size and/or the lot width requirements in
approving any land division if necessary to retain Heritage Trees.
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Commented [CL67]: The rest of this section is from the
City of Vancouver, Washington's heritage tree regulations.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without
approval of a Type 2 permit. The Tree Removal Permit may be approved if one or
more of the criteria below is met:
a. Retention of the tree would make reasonable use of the property allowed under
the current zoning impractical or impossible; or
b. The removal is necessary to accommodate a new improvement, structure or
remodeled structure, and no alternative exists for relocation of the improvement
on the site, or that variances to setback provisions will not allow the tree to be
saved or will cause other undesirable circumstances on the site or adjacent
properties; or
c. The tree is hazardous, diseased or storm damaged and poses a threat to the
health, safety or welfare of the public; or
d. The tree has lost its importance as a Heritage Tree due to damage from natural
or accidental causes, or is no longer of historic or natural significance; or
e. The tree needs to be removed to accomplish a public purpose and no practical
alternative exists.
5. The limb structure or crown of a Heritage Tree may be pruned in any one-year period
without obtaining a Type 2 permit provided that at least 80% of the existing tree crown
remains undisturbed.
6. Any person who wishes to prune a Heritage Tree in excess of 20% of the existing crown
shall apply for a Tree Removal permit and meet the following criteria.
a. The protected tree shall be pruned following acceptable arboricultural
standards; and
b. The tree shall be pruned in a manner that ensures safety to public and private
property and shall be carried out by an ISA certified arborist; and
c. Any other conditions necessary to ensure compliance with the goals and
policies of the Comprehensive Plan.
TMC 18.54.180 Approved and Prohibited Trees
The City will maintain on file, and provide upon request, a list of approved trees for planting
and trees that are prohibited from being planted in the City. These lists will be updated as new
information becomes available.
TMC 18.54.190 Iiolationsl
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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Commented [CL68]: From landscaping Chapter, TMC
18.52.110.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
B. Penalties.
1. In addition to any other penalties or other enforcement allowed by law, any person kAthol
fails to comply with the provisions of this Chapter also shall be subject to a civil penalty
assessed against the property owner as set forth herein. Each unlawfully removed or
damaged tree shall constitute a separate violation.
2. Removal or damage of tree(s) without applying for and obtaining required City approval
is subject to a fine of $1,000 per tree, or up to three four times the marketable value of
each tree removed or damaged as determined by an ISA certified arborist.
Any fines paid as a result of violations of this Chapter shall be allocated as follows: 75%
paid into the City's Tree Replacement Fund, 25% into the
General Fund.
3,4 The Director may elect not to seek penalties or may reduce the penalties if he/she
determines the circumstances do not warrant imposition of any or all of the civil penalties.
45 Penalties are in addition to the restoration of removed plant materials trees through
the remedial measures listed in TMC Section 18.54.200.
5 6. It shall not be a defense to the prosecution for a failure to obtain a permit required by
this Chapter that a contractor, subcontractor, person with responsibility on the site or
person authorizing or directing the work erroneously believes a permit was issued to the
property owner or any other person.
TMC 18.54.200 Remedial
Measuresl.
In addition to the penalties assessed, the Director shall require any person conducting work
in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out
remedial measures.
A. Any illegal removal of required trees shall be subject to obtaining a Tree Removal Permit
and replacement with trees that meet or exceed the functional value of the removed
trees.
B. To replace the tree canopy lost due to the tree removal, additional trees must be planted
on-site. Payment shall be made into the City's Tree Fund if the number of replacement
trees cannot be accommodated on-site. The number of replacement trees required will
be based on the size of the tree(s) removed as stated in Table AA
C. The applicant shall satisfy the permit provisions as specified in this Chapter.
D. Remedial measures must conform to the purposes and intent of this Chapter. In addition,
remedial measures must meet the standards specified in this Chapter„ and 'applicable'
standards for mitigation outlined in the Sensitive Arcus Overlay District Chapter of this-
Title.
hisTitle.
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.
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ICommented [CL69]: From landscaping Chapter
Commented [CL70]: RCW 64.12.030 allows treble
damages, not four.
Commented [CL71]: Remedial Measures from TMC
18.52.180, Enforcement and moved to be its own
subsection. Items A and B are new; items C.— F. are existing
text moved from TMC 18.54.180 D.
Commented [CL72]: Revisions to TMC 18.45, the
sensitive area regulations, will occur in 2018 and remedial
measures for sensitive areas will be addressed there.
DRAFT TMC 18.54 TREE REGULATIONS
Planning Commission and Tukwila Tree and Environment Advisory
Committee Revisions
F. The cost of any remedial measures necessary to correct violation(s) of this Chapter shall
be borne by the property owner and/or applicant. Upon the applicant's failure to
implement required remedial measures, the Director may redeem all or any portion of
any security submitted by the applicant to implement such remedial measures,
pursuant to the provisions of this Chapter.
18.54.210
Enforcement
A. General. In addition to the Notice of Violation and Order measures prescribed in TMC
Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this
Chapter to ensure compliance with, and/or remedy a violation of this Chapter; and/or when
immediate danger exists to the public or adjacent property, as determined by the Director.
1. The Director may post the site with a "Stop Work" order directing that all
vegetation clearing not authorized under a Tree Removal Permit cease immediately. The
issuance of a "Stop Work" order may include conditions or other requirements which must be
fulfilled before clearing may resume.
2. The Director may, after written notice is given to the applicant, or after the site
has been posted with a "Stop Work" order, suspend or revoke any Tree Removal Permit issued
by the City.
3. No person shall continue clearing in an area covered by a "Stop Work" order,
or during the suspension or revocation of a Tree Removal Permit, except work required to correct
an imminent safety hazard as prescribed by the Director.
B. Injunctive relief. Whenever the Director has reasonable cause to believe that any
person is violating or threatening to violate this Chapter or any provision of an approved Tree
Removal Permit, the Director may institute a civil action in the name of the City for injunctive
relief to restrain the violation or threatened violation. Such civil action may be instituted either
before or after, and in addition to, any other action, proceeding or penalty authorized by this
Chapter or TMC Chapter 8.45.
C. Inspection access.
1. The Director may inspect a property to ensure compliance with the provisions of a
Tree Removal Permit or this Chapter, consistent with TMC 8.45.
2. The Director may require a final inspection as a condition of Tree Removal Permit
issuance to ensure compliance with this Chapter. The permit process is complete upon
final approval by the Director.
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Commented [CL73]: Existing text from TMC 18.54 that
reflects revisions to the Enforcement section.
Commented [CL74]: Planning Commission requested
additional information on the "threatening to violate"
portion of this subsection. Staff research follows:
This sentence would permit the Director of the Department
to take action to initiate legal proceedings — usually the
normal course of action is to take the issue to the City
Council to obtain their authorization to initiate legal
proceedings. This can be more time consuming in the face
of an emergency than the Director being authorized to take
action. This language is in the current TMC 18.54 and is
proposed to carry forward into the draft going to the City
Council.
Urban Forestry
Trees erre recognized by Tukwila citizens, businesses, City staff nd dec sion-mc : ers
for their benefits to the environment, urban infrastructure and the aesthetic value
POLICIES
4.12.1 Develop a formal urban forest management plan to promote and guide preservation,
restoration and maintenance of a sustainable urban forest, using the goals and policies of
this chapter as a basis for guidance.
4.12.2 Ensure that the benefits of trees are factored into site design and permit decisions.
4.12.3 Ensure that regulations recognize that larger trees provide more benefits than small trees.
4.12.4 Seek to create and fund an urban forester/municipal arborist position within the City, or
contract for such services, to provide expertise for urban forest management planning,
oversight of tree planting and maintenance, and assistance to all City departments that
have responsibilities for tree management.
4.12.5 Educate the public, elected officials and City staff about the importance of and benefits
provided by trees in Tukwila.
4.12.6 Develop tree valuation methods to reflect the value trees provide, for use in assessing
fines, determining damages or estimating loss of tree benefits.
4.12.7 Identify funding sources to support urban forestry planning and management, and
establish an urban forestry budget and account.
4.12.8 Consider developing an "exceptional"or"heritage"tree program to foster tree appreciation
in the community.
4.12.9 Encourage public involvement in urban forest stewardship through volunteer events, free
training workshops, and other means.
TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-22
31
GOA 4.
Overall City-wide tree canopy increased to a total of 29% by 2034.
Canopy cover in individual zoning categories increased by 2034 as listed belaw;
Light Industrial zones: 3% increase from 20%, to achieve 23% cover
Heavy Industrial zones= 1% increase from 91, to achieve 10%cover
Tukwila urban Center and Tukwila South: 5% increase from 13 f, to achieve 18 % cove
Office and Commercial: 3% increase from 2 9 , to achieve 32% cover
Parks: 5% increase from 38%, to achieve 43/ cover
Public Rights -of -Way: Increase'canopy coverage through street tree planting.
Specific canopy goal to be established based on future assessment.
No net loss ofcanopy cover in individual zoning categories, as listed below:
-Density Residential: Maintain current City-wide canopy coverage of47/
Med ium- and High -Density Residential: Maintain current City-wide coverage of40%
POLICIES
4.1 3.1 Promote tree retention throughout the City by:
• implementing educational programs for property owners and managers regarding
tree selection and care, applicable regulations, selecting a qualified arborist, and other
issues;
• except for hazard trees or trees that interfere with underground or overhead utilities,
prohibiting removal of any tree four inches or larger in diameter at breast height (dbh)
on all undeveloped property without an approved development or other land use
permit, to provide the opportunity to preserve healthy trees during development;
• promoting the mutual goals of tree protection and urban development through the
implementation of incentive programs and flexible site development regulations,
especially to retain tree groves; and
• requiring financial assurances for required tree replanting and maintenance.
4.13.2 Improve retention of trees on steep slopes.
* NOTE: Some public rights-of-way (such as WSDOT's) are not included in the total City-wide
canopy calculation. Rights-of-way adjacent to public streets (i.e., where street trees would
be planted) are included in each zoning category.
TUKWILA COMPREHENSIVE PLAN - 2015
32
PAGE 4-23
ELEMENT
4
4.13.3 Continue to protect trees in sensitive areas and the shoreline through relevant regulations.
4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies
than the removed tree(s), except where existing or future infrastructure and/or public or
private utilities impede the planting of large trees.
4.13.5 Develop mechanisms for protecting tree roots for public and private surface and
underground infrastructure installation, including - in some cases - requiring the
presence of a certified arborist when working in the critical root zone; replacement of
trees where damage is unavoidable; and either requiring replanting or payment into a tree
replacement fund as compensation, if planting on-site is not feasible. Establish reasonable
procedures to ensure consideration of tree root protection during routine or emergency
maintenance of existing utilities, and provide training to City and other public utility
maintenance staff on root protection techniques.
4.13.6 Establish criteria for requiring professional assessment and corrective actions by property
owners who damage code -required landscaping, street trees, or other required trees by
topping, poor pruning practices or root disturbance.
4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on
a site, establish procedures for off-site planting of replacement trees or payment into a
dedicated tree replacement fund.
4.13.8 Develop tree planting and urban forest rehabilitation programs for City parks and other
publicly -owned lands. Collaborate with other agencies, such as Washington's Department
of Transportation, to promote planting in highway interchanges and other locations.
4.13.9 Collaborate with other government, non-profit organization, school and private sector
entities, to promote urban forest management and restoration.
4.13.10 Provide flexibility in the landscape code to promote increased tree planting and/or
planting of large canopy trees, and reward the preservation of existing healthy trees to
assist in meeting the City's canopy goals.
4.13.11 Evaluate current parking lot landscape requirements to identify opportunities to increase
tree canopy.
TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-24
33
ELEMENT
4
GOAL 4.14
Tukwila's streetscapes and landscaped areas are sustainable and attractive,
and its urban forest is healthy, diverse, and safe.
POLICIES
4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in
Tukwila's public spaces.
4.14.2 Develop maintenance plans and programs for trees on City property or rights-of-way
to ensure that maintenance pruning is properly carried out, that diseases and pest
infestations are managed, that hazardous trees are identified and managed in a timely
manner to reduce risks, and that invasive vegetation is properly managed.
4.14.3 Modify landscape code, and educate property owners, property managers, landscape
maintenance companies and tree companies to promote best practices for soil
preparation, planting techniques, pruning, trenching and general tree care.
4.14.4 Ensure that landscaping and replacement trees in new development or re -development
are properly cared for and thrive in perpetuity, through such means as maintenance
agreements, monitoring and enforcement.
4.14.5 Develop a mechanism to ensure that tree removal and maintenance companies have the
necessary qualifications and liability insurance to work in Tukwila.
4.14.6 Modify landscape code to require diversity of tree species in landscape plantings and
consideration of species already present in the vicinity.
4.14.7 Establish minimum standards and landscape specifications to ensure Tong -term tree
health for street trees, required landscape trees and required replacement trees, including
minimum soil volume, soil quality, plant quality, planting techniques, irrigation, mulching,
tree pruning, and prohibition of topping.
4.14.8 Develop an approved/recommended tree list for street trees, landscape perimeter plant-
ing and parking lots that recognizes the importance of the concept of "right tree, right
place, taking into account available planting space and infrastructure/utility conflicts, and
that considers the importance of species diversity, climate conditions, canopy coverage
goals, allergy issues, urban wildlife benefits, and tolerance of urban conditions.
TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-25
34
4.14,9 Work with electric utility providers to limit trimming of trees and other vegetation to that
which is necessary for the safety and maintenance of transmission lines, where feasible
and according to American National Standards Institute (ANSI) professional arboricultural
specifications and standards.
4.14.10
Perform vegetation management that is needed in utility rights-of-way that are located
in sensitive areas or shoreline areas, in a manner that will maintain, restore or improve the
shoreline or sensitive area ecological function.
1 p ementation Strategies — Urban Forestry
Prepare and publish technical specifications for landscape professionals and landscape
contractors reflecting best management practices/standards for achieving adequate soil
conditions, plant quality specifications, proper planting techniques, proper mulch placement,
tree care and pruning, and other relevant information.
Prepare and make available technical guidance for homeowners on tree selection, planting, care,
pruning, selecting a good arborist, and identifying and controlling invasive plants.
Conduct volunteer activities in parks and other public areas to help carry out urban forest
restoration plans, to remove invasive plants and plant native trees and other vegetation.
Create"Adopt an Urban Forest;' "Ivy Removal Team,"or similar programs, to actively remove
invasive plants and promote ongoing stewardship of urban forests in the City's parks and other
public areas.
Add an urban forestry page to the City's website that contains information about programs,
regulations, technical guidance, finding a certified arborist, and other relevant issues.
Expand the annual Arbor Day celebration to widen public participation;
Evaluate other jurisdiction's heritage tree programs, and reach out to business and resident
community to determine interest in a heritage tree program in Tukwila.
Develop mechanisms for monitoring tree canopy growth, removal and replacement — in addition
to periodic tree canopy assessments — using GIS and remote sensing methods;
Review and amend, as necessary, SAO and Shoreline regulations to ensure consideration of tree
retention, particularly in steep slope areas.
TUKWILA COMPREHENSIVE PLAN - 2015
PAGE 4-26
35
Incorporate requirements in geotechnical studies to ensure evaluation of the role trees play in
slope stability.
Develop incentives for increasing retention of trees on steep slopes.
Provide ongoing training for City staff from all departments on tree selection, site preparation,
proper planting techniques, protection of tree roots during construction activities, proper
pruning, and general tree care.
Prepare and publish technical specifications manuals for utility companies and City staff to
identify techniques to protect tree roots during installation of public and private surface and
underground infrastructure.
Revise City regulations to allow assessment of fines or requirement of financial guarantees in the
enforcement of corrective actions.
Prepare an urban forest inventory for publically-owned trees in the City.
Notify property owners about applicable tree regulations via inclusion of fliers in storm water
utility bill, direct mailings, and media announcements.
Xi Improve the frequency of landscape and tree replacement inspections, and increase enforcement.
• Develop street tree plans for various parts of the City, taking into account the need for diversity
for tree health and urban design issues.
• Modify landscape, tree and right-of-way vegetation regulations, including consideration of a
point system for landscape requirements, clarification of responsibilities for trees on City ROW,
identifying incentive programs, and allowing for fines based on the value of trees damaged or
removed.
Develop street tree regulations that prioritize shade over ornamental needs.
TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-27
36
RELATED 1NFORIVIATION
Natural Environment Background Report
Tukwila Sensitive Areas Map
Tukwila Shoreline Master Program
MIA 9 Salmon Habitat Enhancement Pian
Abandoned Underground Coal Mine Hazards Assessment Report
Tukwila Urban Tree Canopy Assessri ent
Tukwila ++Mun€CJpa! Code, Chapter 18.45
TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-28
37
38
TUKWILA MUNICIPAL CODE
CHAPTER 18.54
TREE REGULATIONS
Sections:
18.54.010 Title
18.54.020 Purpose
18.54.030 Scope
18.54.050 Permit - Exempt Activities
18.54.060 Permit - Mandatory Standards
18.54.070 Permit Required
18.54.080 Permit Application Materials
18.54.090 Waiver to Permit Materials
18.54.100 Permit application fee
18.54.110 Applicant Insurance Required
18.54.120 Applicant Security Required
18.54.130 Permit Approval Criteria
18.54.140 Permit Exceptions
18.54.150 Permit Processing and Duration
18.54.160 Permit Conformance
18.54.170 Violations
18.54.180 Enforcement
18.54.190 Liability
18.54.200 Conflicts with Existing Codes and Ordinances
18.54.010 Title
This Ordinance shall be known as the City of Tukwila "Tree
Ordinance," and may be so cited.
(Ord. 1758 §1 (part), 1995)
18.54.020 Purpose
This purpose of this chapter is to:
1. Mitigate certain environmental consequences of
land development, and to maintain and improve the quality of
Tukwila's urban environment.
2. Promote building and site planning practices that are
responsive to the community's natural environment, without
preventing reasonable development of land.
3. Regulate clearing of trees and understory vegetation
in the City of Tukwila, in order to:
a. Maintain and enhance the aesthetic, ecological
and economic benefits provided by vegetation, such as:
(1)
(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 environment.
b. Maintain the viability of existing stands of trees
and understory vegetation.
c. Promote retention of native vegetation in
sensitive areas and their buffers, shoreline areas, and wildlife
habitat areas.
4. Provide a means to implement the requirements of
the Sensitive Areas Overlay District chapter of this title, relative to
vegetation removal in sensitive areas and sensitive area buffers.
(Ord. 1758 §1 (part), 1995)
18.54.030 Scope
This chapter sets forth rules and regulations to control
clearing of trees and understory vegetation within the City of
Tukwila.
(Ord. 1758 §1 (part), 1995)
18.54.050 Permit - Exempt Activities
The following activities are exempt from the application of this
chapter and do not require a Tree Clearing Permit:
1. Clearing of any vegetation; UNLESS the site on
which clearing is to occur is located in a sensitive area, sensitive
area buffer, or shoreline zone.
2. On sites within a sensitive area, or sensitive area
buffer, or shoreline zone:
a. Clearing of up to 4 significant trees on a site
currently zoned and developed for single-family residential use
within any 36 -month period; UNLESS the significant trees to be
removed are located within a wetland, watercourse and their
associated buffers or within the shoreline zone.
b. Clearing of any vegetation located outside a
sensitive area, sensitive area buffer or outside the shoreline zone.
c. Removal of hazardous trees.
d. Routine maintenance of vegetation necessary to
maintain the health of cultivated plants, to contain noxious weeds,
or to remedy a potential fire or health hazard or threat to public
safety per TMC Commercial parking subject to TMC Chapter
18.56, "Off -Street Parking and Loading Regulations." 8.28,
Nuisances.
e. Vegetation removal necessary to the operation of
an established Christmas tree farm or commercial plant nursery.
f. Construction and maintenance of streets and
utilities within City -approved rights-of-way and easements.
(Ord. 1758 §1 (part), 1995)
18.54.060 Permit - Mandatory Standards
All removal of significant trees and understory vegetation shall
be undertaken in accordance with the mandatory standards
specified in this chapter, except as provided in the Waiver to
Permit Materials or Exceptions sections of this chapter.
(Ord. 1758 §1 (part), 1995)
Page 18-172 Produced by the City of Tukwila, City Clerk's Offics9
TITLE 18 — ZONING
18.54.070 Permit Required
No person shall conduct any clearing of vegetation without
first obtaining a Tree Clearing Permit on a form approved by the
Director; unless specifically exempted under this chapter.
(Ord. 1758 §1 (part), 1995)
18.54.080 Permit Application Materials
The following materials are required to obtain a Tree Clearing
Perm it:
1. Site Plan of the proposal, showing:
a. Diameter, species name, location and canopy of
existing significant trees in relation to proposed and existing
structures, utility lines, and construction limit line;
b. Identification of all significant trees to be removed
and/or relocated;
c. Existing and proposed topography of the site at
2 -foot contour intervals;
d. Limits of any sensitive area and sensitive area
buffer, and mean high water mark of the river.
2. Landscape Plan for the proposal, showing:
a. Diameter, species name, spacing and location of
replacement trees/vegetation to be used to replace vegetation
cleared;
b. Diameter, species name and location of all
significant trees and vegetation to be retained;
c. Proposed vegetation protection measures;
d. Any other measures proposed to restore the
environmental and aesthetic benefits previously provided by on-
site vegetation.
3. Professional review or recommendation -
Submittal of, or agreement to submit, a review, evaluation,
recommendation or plan related to vegetation clearing or
replacement prepared by a professional consultant(s), such as a
landscape architect, surveyor, or certified arborist. Services may
include, but are not limited to:
a. Providing a written evaluation of the anticipated
effects of proposed construction on the viability of trees on-site;
and/or
b. Developing plans for, supervising, and/or
monitoring implementation of any required tree protection or
replacement measures; and/or
c. Post -construction site inspection and evaluation.
4. Sensitive area mitigation plan - Identify measures
proposed for mitigation of vegetation clearing in a sensitive area
and/or its buffer per the Sensitive Areas Overlay District chapter
of this title.
5. Time schedule - Proposed time schedule of
vegetation removal, relocation and/or replacement, and other
construction activities which may affect on-site vegetation,
sensitive area, sensitive area buffer, and/or shoreline zone..
6. Additional studies and conditions - The Director
may require supplemental studies or other documentation, or
specify conditions for work, at any stage of the application or
project as he/she may deem necessary to ensure the proposal's
Proged by the City of Tukwila, City Clerk's Office
compliance with the requirements of this chapter, the Shoreline
Overlay District chapter or the Sensitive Areas Overlay District
chapter of this title, or to protect public or private property. These
conditions may include, but are not limited to, hours or seasons
within which work may be conducted, or specific work methods.
(Ord. 1758 §1 (part), 1995)
18.54.090 Waiver to Permit Materials
The Director may waive the requirement for any or all plans
or permit materials specified in this chapter upon finding that the
information on the application is sufficient to demonstrate that the
proposed work will meet the approval criteria detailed in this
chapter and other City ordinances. Such waiver of a requirement
for permit materials shall not be construed as waiving any other
requirements of this or related regulations.
(Ord. 1758 §1 (part), 1995)
18.54.100 Permit Application Fee
A. Fee required: A non-refundable permit application fee will
be collected at the time of submittal of a Tree Clearing Permit
application. The application fee will provide for the cost of plan
review, administration and management of the permitting process,
inspections, and processing of exceptions to standards and
appeals pursuant to this chapter.
B. Fee: The City shall collect a fee for processing a Tree
Clearing Permit per TMC Section 18.88.010, except as otherwise
noted in this chapter.
C. Fee exception: No fee shall be required for vegetation
clearing associated with land -altering activity approved under a
Land -Altering Permit.
(Ord. 2291, §1, 2010; Ord. 1758 §1 (part), 1995)
18.54.110 Applicant Insurance Required
A. In addition to any permit materials or conditions specified
pursuant to this chapter, if in the opinion of Director the nature of
the work is such that it may create a hazard to human life or
endanger adjoining property, then the Director may require the
applicant to submit a certificate of insurance.
B. The certificate must show that the applicant is insured
against claims of damages involving personal injuries and property
in an amount prescribed by the Director in accordance with the
nature of the risks involved and the following minimum amounts:
1. Bodily injury liability:
$1 million per occurrence.
2. Property damage liability:
$1 million per occurrence.
C. All insurance policies obtained in accordance with these
provisions shall name the City of Tukwila as an "additional insured"
and shall be written by a company licensed to do business in the
State of Washington.
(Ord. 1758 §1 (part), 1995)
18.54.120 Applicant Security Required
To mitigate damages should they occur as a result of clearing
which is not authorized by a Tree Clearing Permit, the Director
may require from the applicant a bond, letter of credit, or other
Page 18-173
TUKWILA MUNICIPAL CODE
means of security acceptable to the City. The following provisions
shall apply in instances where such securities are required:
1. The required security shall be submitted prior to the
issuance of a Tree Clearing Permit.
2. The security shall be equal to City Staffs best
estimate of possible costs directly associated with replacement of
cleared vegetation which has not been authorized to be cleared
under a Tree Clearing Permit (e.g. the replacement of vegetation
approved for retention, or the installation of replacement plantings
which the applicant has failed to install as required). In no case
shall the security exceed an amount equal to 2.5 times the current
cost of replacing the plants per the Tree Replacement
requirements of this chapter.
3. The security shall not be fully released without final
inspection and approval of completed work by the City, submittal
of any post -construction evaluations, or following any prescribed
trial maintenance period required in the permit.
4. Securities provided in accordance with this chapter
may be redeemed in whole or in part by the City of Tukwila upon
determination by the Director that the applicant has failed to fully
comply, within the time specified, with approved plans and/or any
remedial or enforcement actions mandated in accordance with this
chapter.
(Ord. 1758 §1 (part), 1995)
18.54.130 Permit Approval Criteria
To the extent that vegetation retention and/or replacement is
consistent with project feasibility or reasonable use of the property,
vegetation clearing shall be planned and conducted to meet all of
the criteria below. These criteria shall be the basis for approval,
approval with conditions or denial of any tree clearing included in
a Tree Clearing Permit application.
1. Tree Retention - Site improvements shall be
designed and constructed to retain as many existing healthy trees
as possible, and to meet the following criteria:
a. Priority shall be given to retention of existing
stands of trees, trees at site perimeter, trees within the shoreline
Low -Impact Environment, in Sensitive Areas or Sensitive Area
Buffers, and healthy mature trees.
b. All understory vegetation within the essential root
zone of protected trees shall be:
(1) retained; OR
(2) removed by methods which are non -
damaging to the tree, and replaced with vegetation with
horticultural requirements which are compatible with protected
trees.
c. Vegetation removal shall be undertaken in such
a manner as to preserve, to the degree possible, the aesthetic and
ecological benefits provided by such vegetation.
2. Tree Protection Measures -
a. The proposal shall include tree protection
measures which meet or exceed best management practices and
current standards of professional arboriculture, and which are
sufficient to ensure the viability of protected trees and other
vegetation identified for retention pursuant to requirements of this
chapter, and shall include measures sufficient to protect any
Sensitive Area, its Buffer and vegetation within the shoreline Low -
Impact Environment.
b. During clearing and/or construction activities, all
protected vegetation shall be surrounded by protective fencing
which prevents adverse impacts associated with clearing from
intruding into areas of protected vegetation.
3. Tree Replacement - The site shall be planted with
trees to meet the following minimum requirements:
a. Each existing significant tree removed shall be
replaced with new tree(s), based on the size of the existing tree as
shown below, up to a maximum density of 70 new trees per acre.
b. Tree Replacement Ratios
Diameter of Existing No. of Replacement
Tree Removed Trees Required
4 - 8 inches
1
8 -12 inches
2
12 -18 inches 4
18 - 24 inches 6
>24 inches 8
c. Prior to any vegetation removal, the applicant
shall demonstrate through a Landscape Plan, Sensitive Area
Mitigation Plan or other materials required per the requirements of
this chapter that vegetation replacement will meet the following
minimum standards:
(1) Minimum sizes shall be 2.5 -inch caliper for
deciduous trees, 6 to 8 feet in height for evergreen trees, 24 inches
in height for shrubs, and 1 gallon for groundcover.
(2) Replacement plants shall meet current
American Association of Nurserymen standards for nursery stock;
(3) Planting and maintenance of required
replacement vegetation shall be in accordance with best
management practices for landscaping which ensure the
vegetation's long-term health and survival.
4. Surrounding Environment - The timing of, and
methods to be used in any proposed vegetation removal shall be
such that impacts to protected vegetation, wildlife, fisheries and
the surrounding environment are minimized.
5. Tree Relocation - Tree relocation shall be carried
out according to best management practices, and trees proposed
for relocation shall have a reasonable chance of survival.
Page 18-174 Produced by the City of Tukwila, City Clerk's Office 1
TITLE 18 — ZONING
18.54.140 Permit Exceptions
A. Exception Criteria
1. The Director may grant exceptions from the
requirements of this chapter when undue hardship may be created
by strict compliance with the provisions of this chapter. Any
authorization for exception may prescribe conditions deemed
necessary or desirable for the public interest, or necessary to meet
the intent of this chapter.
2. An exception to this chapter shall not be granted
unless all of the following criteria are met:
a. Strict compliance with the provisions of this code
may jeopardize project feasibility or reasonable use of property.
b. Proposed vegetation removal, replacement, and
any mitigative measures proposed, are consistent with the
purpose and intent given in this chapter.
c. The granting of the exception or standard
reduction will not be detrimental to the public welfare or injurious
to other property in the vicinity.
3. In addition to the above criteria, the Director may
also consider any of the following in reviewing an exception
request:
a. The recommendation of a certified arborist
supports the exception.
b. The size of the site or project cannot support the
number of required replacement trees, and off-site tree planting is
proposed which furthers the goals of this chapter and other City
policies.
c. On-site planting of all required replacement trees
is not feasible, and the project includes an equivalent contribution
in funds and/or labor and materials for off-site tree planting as
jointly agreed by the applicant and Director.
d. Smaller -sized replacement plants are more
suited to the species, site conditions, and to the purposes of this
chapter, and are planted in sufficient quantities to meet the intent
of this chapter.
B. Retention and Replacement of Canopy Cover - or
undeveloped sites or sites with dense stands of trees, where the
cost of identification of individual tree species and sizes is
inordinate relative to the project, the Director may allow the
applicant to use the tree canopy cover approach outlined below to
calculate retention and replacement of trees:
1. The site shall have a minimum canopy cover equal
to 20% of the site area, or equal to the existing canopy cover
whichever is less.
2. To meet the requirements for site canopy cover,
canopy cover may consist of any combination of existing trees and
replacement trees. Canopy cover of each new tree shall be
calculated at 314 square feet.
C. Exception Procedures - An application for any
exception from this chapter shall be submitted in writing by the
property owner to the Director, and shall accompany the
application for a Tree Clearing Permit. Such application shall fully
state all substantiating facts and evidence pertinent to the
exception request, and include supporting maps or plans. The
Director shall not grant an exception unless and until sufficient
reasons justifying the exception are provided by the applicant.
(Ord. 1758 §1 (part), 1995)
18.54.150 Permit Processing and Duration
A. If the proposed vegetation clearing and permit application
meet the requirements of this chapter, the Director shall approve
the application and issue the Tree Clearing Permit. All Tree
Clearing Permits and exceptions shall be processed as Type 1
decisions.
B. If the Tree Clearing Permit application is not approved,
the Director shall inform the applicant in writing of the reasons for
disapproval.
C. From the date of issuance, permits shall be valid for a
period of 180 days.
(Ord. 1770 §32, 1996; Ord. 1758 §1 (part), 1995)
18.54.160 Permit Conformance
A. Plan Conformance - All work must be performed in
accordance with approved Permit plans specified in this chapter
or revised plans as may be determined by the Director. The
applicant shall obtain permission in writing from the Director prior
to modifying approved plans.
B. Tree Protection Measures - All tree and vegetation
protection measures shown on approved permit drawings shall be
installed prior to initiation of any clearing or land -altering activity.
C. Protection of Property - The applicant shall at all times
protect improvements to adjacent private properties and public
rights-of-way or easements from damage during clearing. The
applicant shall restore to the standards in effect at the time of the
issuance of the permit any public or private improvements
damaged by the applicant's operations.
D. Maintenance Responsibility - All protected and
replacement trees and vegetation shown in approved Tree
Clearing Permit materials shall be maintained in healthy condition
by the property owner throughout the life of the project, unless
otherwise approved by the Director in a subsequent Tree Clearing
Permit.
(Ord. 1758 §1 (part), 1995)
18.54.170 Violations
The following actions shall be considered violations of this
chapter: clearing, planting, relocation, or maintenance of
vegetation not authorized under or in accordance with an
approved Tree Clearing Permit, where such permit is required, or
not in accordance with the provisions of this chapter. Each tree
which is cleared, not replaced or not maintained as required by
this chapter shall constitute a separate violation.
(Ord. 1758 §1 (part), 1995)
Prog2ced by the City of Tukwila, City Clerk's Office
Page 18-175
TUKWILA MUNICIPAL CODE
18.54.180 Enforcement
A. General - In addition to the Notice and Order measures
prescribed in TMC Chapter 8.45, Civil Violations, as now in effect
or as amended hereafter, the Director may take any or all of the
enforcement actions prescribed in this Ordinance to ensure
compliance with, and/or remedy a violation of this Ordinance;
and/or when immediate danger exists to the public or adjacent
property, as determined by the Director.
1. The Director may post the site with a "Stop Work"
order directing that all vegetation clearing not authorized under a
Tree Clearing Permit cease immediately. The issuance of a "Stop
Work" order may include conditions or other requirements which
must be fulfilled before clearing may resume.
2. The Director may, after written notice is given to the
applicant, OR after the site has been posted with a "Stop Work"
order, suspend or revoke any Tree Clearing Permit issued by the
City.
3. No person shall continue clearing in an area covered
by a Stop Work order, or during the suspension or revocation of a
Tree Clearing Permit, except work required to correct an imminent
safety hazard as prescribed by the Director.
B. Injunctive relief - Whenever the Director has reasonable
cause to believe that any person is violating or threatening to
violate this chapter or any provision of an approved Tree Clearing
Permit, the Director may institute a civil action in the name of the
City for injunctive relief to restrain the violation or threatened
violation. Such civil action may be instituted either before or after,
and in addition to, any other action, proceeding or penalty
authorized by this chapter or TMC Chapter 8.45.
C. Inspection access -
1. The Director may inspect a property for the purpose
of inspection for compliance with the provisions of a Tree Clearing
Permit or this chapter, consistent with TMC 8.45.070, Authority to
Inspect.
2. Where deemed necessary by the Director to ensure
compliance with permit requirements, upon completion of all
requirements of a Tree Clearing Permit, the applicant shall request
a final inspection by contacting the Director. The permit process
is complete upon final approval by the Director.
D. Remedial Measures Required - In addition to penalties
provided for in this chapter, the Director may require any person
conducting vegetation clearing in violation of this chapter to
mitigate the impacts of clearing by carrying out remedial
measures. The following provisions shall apply in instances
where such remedial measures are required:
1. The applicant shall satisfy the permit provisions as
specified in this chapter.
2. Remedial measures must conform to the purposes
and intent of this chapter. In addition, remedial measures must
meet the standards specified in this chapter, and applicable
standards for mitigation outlined in the Sensitive Areas Overlay
District chapter of this title.
3. Remedial measures must be completed to the
satisfaction of the Director within 6 months of the date a Notice
and Order is issued pursuant to TMC 8.45.040, or within the time
period otherwise specified by the Director.
4. The cost of any remedial measures necessary to
correct violation(s) of this chapter shall be borne by the property
owner and/or applicant. Upon the applicant's failure to implement
required remedial measures, the Director may redeem all or any
portion of any security submitted by the applicant to implement
such remedial measures, pursuant to the provisions of this
chapter.
(Ord. 1758 §1 (part), 1995)
18.54.190 Liability
A. Liability for any adverse impacts or damages resulting
from work performed in accordance with a Tree Clearing Permit
issued on behalf of the City within the City limits, shall be the sole
responsibility of the owner of the site for which the permit was
issued.
B. Issuance of a Tree Clearing Permit and/or compliance
with permit provisions or conditions shall not relieve an applicant
from any responsibility otherwise imposed by law for damage to
persons or property in an amount greater than the insured amount
required by this chapter.
C. Nothing contained in this chapter shall be deemed to
relieve any property owner within the City limits from the duty to
keep any tree or vegetation upon his property or under his control
in such condition as to prevent it from constituting a hazard or a
nuisance, per TMC Chapter 8.28.
D. The amount of any security shall not serve as a gauge or
limit to the compensation collected from a property owner as a
result of damages associated with any vegetation clearing.
(Ord. 1758 §1 (part), 1995)
18.54.200 Conflicts with Existing Codes and
Ordinances
A. Whenever conflicts exist between this chapter and
federal, State or local laws, ordinances or regulations, the more
restrictive provisions shall apply.
B. Neither this chapter nor any administrative decisions
made under it exempts the permittee from procuring other required
permits or complying with the requirements and conditions of such
a permit.
Page 18-176 Produced by the City of Tukwila, City Clerk's Office3
44
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
STAFF REPORT
TO THE PLANNING COMMISSION
Prepared December 28, 2017
FILE NUMBERS: L17-0077: Revisions to TMC 18.54, Tree Code and revisions to TMC18.06,
Definitions
E17-0015: SEPA Checklist
REQUEST:
Public Hearing regarding revisions to TMC 18.06, Definitions to add urban
forestry and landscaping terminology to the City's Zoning Code and the
revision of TMC 18.54, Tree Regulations and. Based on direction from the
Planning Commission staff will revise the regulations, which will then be
forwarded to the City Council for review.
PUBLIC HEARING: January 11, 2018
LOCATION: City wide
STAFF: Carol Lumb, Senior Planner
Andrea Cummins, Environmental Specialist
ATTACHMENTS:
A. Draft TMC 18.06: Revisions to Zoning Code Definitions
B. Draft TMC 18.54: Clean Version with Advisory Committee and Planning Commission revisions
C. Comprehensive Plan Urban Forestry Goals and Policies
D. Current TMC 18.54
INTRODUCTION
The current tree regulations were adopted 22 years ago in 1995, with minor revisions to the chapter in
recent years. The landscaping regulations were adopted at the same time as the 1995 Comprehensive
Plan was adopted. The update of the tree regulations is the final phase of a three-phase process:
Phase 1: Establishment of the Tukwila Tree and Environment Advisory Committee: a team of
Tukwila residents, business and professional experts, and Planning Commission and City Council
representatives were appointed to guide development of Comprehensive Plan goals and policies on
the natural environment and urban forestry. The Committee met from September, 2012 to May,
2013 and provided recommendations to the Planning Commission on the goals and policies.
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
45
Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
Phase 2: Update of the Natural Environment Element of the Comprehensive Plan incorporating the
policy direction from the Advisory Committee. Planning Commission and City Council review and
adoption of the revised Natural Environment Element, June to December, 2013.
Phase 3: Revise landscape and tree regulations in the Zoning Code to implement the new
Comprehensive Plan goals and policies on urban forestry. The Tukwila Tree and Environment
Advisory Committee met in September and October, 2016 to review and revise draft landscaping
regulations to forward to the Planning Commission. The Planning Commission then sent revised
landscaping regulations to the City Council, which approved these regulations in March, 2017. The
Advisory Committee met again in late September, 2017 through November 1, 2017 to review
revisions to TMC 18.54, Tree Regulations, and TMC 18.06, Zoning Code Definitions and forwarded
a recommendation on these two regulations to the Planning Commission for its review.
A SEPA checklist was prepared for the update of the regulations; public notice was published in the
Seattle Times November 16, 2017. No comments were received on the checklist. A Determination of
Non -Significance was issued on December 27, 2017.
BACKGROUND
The Tukwila Planning Commission advises the Mayor and City Council on matters relating to land use,
comprehensive planning and zoning (TMC2.36.030.) Additionally, all code cities are required to adopt
development regulations that are consistent with and implement the City's Comprehensive Plan. (RCW
35A.63.105)
The Tukwila Comprehensive Plan has the following policies regarding urban forestry. Any proposed
regulation must implement and be consistent with these policies.
Goal 4.12
Trees are recognized by Tukwila citizens, business, City staff and decision -makers for their
benefits to the environment, urban infrastructure and their aesthetic value.
4.12.2: Ensure that the benefits of trees are factored into site design and permit decisions.
4.12.3: Ensure that regulations recognize that larger trees provide more benefits than
small trees.
4.12.8: Consider developing and "exceptional" or "heritage" tree program to foster tree
appreciation in the community.
Goal 4.13
Overall city-wide tree canopy increased to a total of 29% by 2034. Canopy cover in individual
zoning categories increased by 2034 as listed below:
Light Industrial zones: 3% increase from 20% to achieve 23% cover
Heavy Industrial zones: 1% increase from 9% to achieve 10% cover
CL Page 2 of 6 1/2/2018 5:49 PM
W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission \Staff Rpt. Tree Code
46
Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
Tukwila Urban Center and Tukwila South: 5% increase from 13%to achieve 18% cover
Office and Commercial: 3% increase from 29 %to achieve 32% cover
Parks: 5% increase from 38% to achieve 43% cover
Public Rights -of -Way: increase canopy coverage through street tree planting. Specific
canopy goal to be established based on future assessment.
4.13.1 Promote tree retention throughout the City by:
a. implementing educational programs for property owners and managers regarding tree
selection and care, applicable regulations, selecting a qualified arborist, and other
issues;
b. except for hazard trees or trees that interfere with underground or overhead utilities,
prohibiting removal of any tree four inches or larger in diameter at breast height (dbh)
on all undeveloped property without an approved development or other land use permit,
to provide the opportunity to preserve healthy trees during development;
c. promoting the mutual goals of tree protection and urban development through the
implementation of incentive programs and flexible site development regulations,
especially to retain tree groves; and
d. requiring financial assurances for required tree replanting and maintenance.
4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger
canopies than the removed tree(s), except where existing or future infrastructure and/or public
or private utilities impede the planting of large trees.
4.13.6 Establish criteria for requiring professional assessment and corrective actions by
property owners who damage code -required landscaping, street trees, or other required
trees by topping, poor pruning practices, or root disturbance.
4.13.7 Where trees are regulated and required replacement trees cannot be accommodated
on a site, establish procedures for off-site planting of replacement trees or payment into a
dedicated tree replacement fund.
Goal 4.14
Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban
forest is healthy, diverse, and safe.
4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in
Tukwila's public spaces.
4.17.9 Work with electric utility providers to limit trimming of trees and other vegetation
to that which is necessary for the safety and maintenance of transmission lines, where
feasible and according to American National Standards Institute (ANSI) professional
arboricultural specifications and standards.
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Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
DISCUSSION OF PROPOSED CHANGES
The Tukwila Tree and Environment Advisory Committee draft tree regulations (Attachments A and B)
and draft revisions to the Zoning Code's Definitions, TMC 18.06 (Attachment C) contains proposed
changes to the City's the Zoning Code. Below is a summary of each subsection of the draft Tree
Regulations and Definitions.
The proposed draft tree regulations and changes to definitions have been annotated to provide sources of
the material and to note when the Advisory Committee or Planning Commission made changes to the
initial staff draft.
A. Proposed Revisions to TMC 18.06, Definitions
A number of new definitions are proposed to be added to the Zoning Code to incorporate terminology
that is related to urban forestry and the management of the City's tree canopy resources. Many of the
proposed revisions are annotated to provide sources for the proposed changes. Proposed new definitions
include: at -risk tree, critical root zone, diameter at breast height (DBH), dripline, exceptional tree,
heritage tree or heritage grove, invasive plant and tree list, invasive tree, nuisance tree, pruning,
qualified tree professional, risk, site disturbance, street tree, target or risk target, tree risk assessment,
tree risk assessor, tree removal, topping, viable tree and windfarm.
B. Proposed TMC 18.54, Urban Forestry and Tree Regulations:
TMC 18.54.010. Purpose: The purpose section of the chapter has been expanded to add references to
the new Comprehensive Plan goals and policies related to urban forestry, and low impact development
and to recognize the benefits that trees provide to the built environment.
TMC 18.54.020: Scope: This subsection is a carry-over from the current regulations.
TMC 18.42.030. Tree Permit Required: Revisions to this subsection anticipate a variety of Tree
Permits, depending on whether: tree removal is the objective; or work will occur in the critical root
zone; a Heritage Tree is proposed for removal or more than 20% of existing crown is proposed for
pruning; or removal is related to utility work. The subsection also identifies activities that are exempt
from the need for a Tree Permit and when an arborist's report must be submitted as part of the Tree
Permit.
TMC 18.54.040. Permit Submittal Requirements: Most of this subsection is from existing Tree Code.
Single family tree removal is proposed to be regulated differently with a Tree Inventory Survey rather
than a Tree Permit required.
TMC 18.54.050. Permit Approval Criteria, General: This subsection has been revised to provide
general guidance on the criteria for permit approval. The criteria are then spelled out in more detail in
proposed TMC 18.54.060, 18.54.070, 18.54.080 and 18.54.110.
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Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
TMC 18.54.060. Tree Retention Standards: This subsection is an expansion on the current
requirements found in TMC 18.54.130 1. The proposed revisions to this section would allow DCD to
require reasonable alterations to the arrangement of buildings, parking or other elements of proposed
development in order to retain Significant, Exceptional or Heritage non-invasive Trees. The City
currently has the ability to require this for projects within the shoreline jurisdiction. Topping of trees is
prohibited and considered removal. Protection of trees is to be a major factor in the location, design,
construction and maintenance of streets and utilities — removal or significant damage is to be mitigated.
TMC 18.54.070. Tree Protection Standards: This subsection is an expansion on the current tree
protection measures found in TMC 18.54.130 2.a. Many of the standards found in this subsection are
drawn from International Society of Arboriculture guidance on tree protection.
TMC 18.54.080. Tree Replacement Standards: This subsection is an expansion on the current tree
protection measures found in TMC 18.54.130 2.b. The method of determining the number of
replacement trees has been revised to tie replacement to tree canopy lost rather than on the diameter of
the tree at breast height.
TMC 18.54.090. Tree Relocation: The language in this subsection is relocated from current code found
in TMC 18.54.130 5.
TMC 18.54.100. Tree Replacement Fund: A new subsection has been added to codify the City's Tree
Replacement Fund, which applicants may pay into if the number of replacement trees required cannot be
accommodated on-site. This subsection provides criteria for determining how the cost of a replacement
tree is determined, and what the funds may be used for. At the request of single family property owners,
the funds may also be used to plant a street tree in the single-family district on properties improved with
a single family dwelling.
TMC 18.54.110. Performance Assurance: This subsection is an expansion of existing code on
financial security required of applicants. The distinction has been made between assurance required to
ensure tree protection during construction and financial assurance required to ensure required
replacement trees are maintained during the period in which they are becoming established on site.
TMC 18.54.120. Liability: The language in this subsection is currently located in TMC 18.54.190 —
only minor revisions have been made to recognize the proposed name of the tree permit and to correct
referenced to the code enforcement section of the City's municipal code.
TMC 18.54.130. Permit Processing and Duration: The language in this subsection is currently
located in TMC 18.54.150 — only minor revisions have been made to recognize the proposed name of
the tree permit. The duration of the tree permit has also been extended from the current 180 days to one
year for date of issuance.
TMC 18.54.140. Permit Exceptions: The language in this subsection is currently located in TMC
18.54.140 — only minor revisions have been made to the text.
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Members of the Planning Commission
Staff Report L17-0077, Revisions to TMC 18.06 Definitions,
and TMC 18.54, Tree Regulations
December 28, 2017
TMC 18.54.150. Permit Conformance: The text in this subsection is currently found in TMC
18.54.160 A. The remaining items found in TMC 18.54.160, such as tree protection and maintenance
responsibility have been relocated to other subsections of the draft code.
TMC 18.54.160. Soil Preparation, Plant Material and Maintenance: This is a new subsection,
intended to provide guidance for applicants who must plant replacement trees on how to prepare the site,
the selection of plant material and guidance on tree maintenance and pruning. The standards in this
subsection are drawn from the recently adopted Landscaping Regulations.
TMC 18.54.170. Heritage Trees and Heritage Groves: This is a new subsection, which would permit
the designation of a tree or groves of trees that have exceptional national, state or local historical
significance to the City. If a nominated tree is on private property, the property owner must consent to
the nomination and designation. The subsection also provides guidance on pruning of Heritage Trees.
TMC 18.54.180. Approved and Prohibited Trees: This is a new subsection establishing authority for
the City develop a list of trees that may be planted and a list of trees that are prohibited from planting for
required replacement trees.
TMC 18.54.190. Violations: This is a new subsection establishing regulations in the event of
violations of the Tree Code. The regulations in this subsection have been adapted from those found in
the Landscaping Chapter, TMC 18.52.110.
TMC 18.54.200. Remedial Measures: Portions of this subsection have been moved from the existing
TMC 18.54.180 Enforcement (items C -F); items A. and B. are new. Among the requirements, the
subsection directs that tree canopy lost due to tree removal shall be replaced — either on site or by
payment into the Tree Replacement Fund.
TMC 18.54.210. Enforcement: The text in this subsection is currently found in TMC 18.54.180 with
minor revisions to recognize the change in the name of the tree permit.
REQUESTED ACTION
Hold the public hearing on the proposed changes, deliberate and make a recommendation to the City
Council on revisions to TMC 18.06 and TMC 18.54.
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B. Turpin
f�ikPt P'3e:i'i C^ . Soto
Kim Adams Pratt
Eileen M. KCeif?e..
Hillary L. {Caber
Kendra R. Cometh
TO: Planning Commission Members
Carol Lumb, Senior Planner
FROM: Ann Marie Soto, Assistant City Attorney CLS
DATE: January 2, 2018
RE: Tree Liability
Doug F. Mosich
O._..uns e.
Shelley M. Kerslake
This memorandum addresses general liability issues related to trees abutting the right-of-
way in light of the City's pending review of tree code amendments.
A. Private Property.
The general rule is that a property owner is liable for damage caused by trees, and their
roots, which extend onto the private property of another. Property owners have a duty to protect
abutting private properties from encroachments and damage caused by such encroachments. See
Forbus v. Knight, 24 Wn.2d 297, 313 (1945). To that end, an abutting owner will likely be
found liable for tree root damage to a sidewalk resulting from trees on their property, but
adjacent to the right-of-way line. See Rosengren v. City of Seattle, 149 Wn. App. 565, 575
(2009) ("an abutting land owner has a duty to exercise reasonable care that the trunks, branches,
or roots of trees planted by them adjacent to a public sidewalk do not pose an unreasonable risk
of harm to a pedestrian using the sidewalk").
B. Street Trees.
As a preliminary matter, cities generally have only an easement interest in right-of-way
and do not own streets and sidewalks. The mere fact that a tree is in the improved portion of a
right-of-way does not make it a tree for which a city is responsible. Thus, traditionally, abutting
property owners may plant, maintain, and remove trees in the planter strip, and a municipality
cannot remove such trees unless they are a hazard or a nuisance. See Shaw v. City of Yakima,
183 Wn.2d 200 (1935).
However, municipalities, such as Tukwila, often require regular maintenance of trees and
permits for tree removal, and sometimes require planting and maintenance of trees in connection
with development. Where the tree is planted and maintained by the city (or planted at the behest
Kenyon Disen,l, PLLC The Municipal Law Firni I I Front Street South Issaquah, WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 www5elyondisend.com
of the city in connection with development), then the city may be potentially liable depending on
the specific facts. On the other hand, a city would not likely be liable for damage caused by
roots from a tree in the right-of-way if the city did not plant and does not maintain the tree.
Likewise, municipalities have a duty to provide reasonably safe roads for the public to
drive upon. Owen v. Burlington N. Santa Fe R.R., 153 Wn.2d 780, 788 (2005). Whether a
municipality breaches this duty depends on the answers to factual questions: Was the road
reasonably safe for ordinary travel, and did the municipality fulfill its duty by making reasonable
efforts to correct any hazardous conditions? Thus, the Courts have held that a municipality has a
duty to take reasonable steps to remove or correct for hazardous conditions that make a roadway
unsafe for ordinary travel, including conditions which are not present in, but are adjacent to, the
roadway, and this duty explicitly includes removing or correcting hazardous conditions created
by roadside vegetation. Wutrich v. King County, 185 Wn.2d 19, 27 (2016).
In summary, with respect to liability for street trees, the following questions will likely
come into play: (1) who planted the tree, (2) who is responsible for maintaining it, and,
specifically for road hazards, (3) was the road reasonably safe for ordinary travel, and (4) did the
municipality fulfill its duty by making reasonable efforts to correct any hazardous conditions?
Please feel free to contact us if you have questions or need further information.
-2-
52
Carol Lumb
From: Robin Tischmak
Sent: Thursday, December 28, 2017 4:18 PM
To: Carol Lumb
Subject: Tree Regulation Comments
Attachments: Draft Tree Regulations - PW Comments.docx
Carol -
Attached are comments and concerns that PW is requesting for consideration and inclusion in the final regulations. Let
me know if you have any questions.
Robin Tischmak
City Engineer
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
206-431-2455
The City of opportunity, the community of choice.
1
53
Robin's Comments Regarding Proposed Landscaping Regulations
• General discussion of Public Works approach to maintenance of landscaping/trees in the
public rights-of-way.
New capital improvement projects (both public and private) continue to install new landscaping and
street trees within the public rights-of-way for various beneficial reasons. Staffing that maintains
said vegetation has not increased along with this increased workload. Therefore, PW staff generally
maintains newly installed landscaping during the establishment period. These areas often include
irrigation systems to avoid plant mortality during the dry, hot summer months. Landscaping
installed by private development is generally maintained by the private entity for a prescribed
establishment period. After landscaping and street trees are established, staff relies on some level
of support from abutting property owners as maintenance of all vegetation in the public rights-of-
way by City staff is not possible. The expected level of support is generally as outlined in the TMC.
There are varying levels of support from private property owners, but City staff generally takes
responsibility for issues that appear to extend beyond the normal capacity of property owners.
While this may seem ambiguous, the City accepts maintenance help from proactive property
owners, but generally accepts responsibility for maintenance issues in the right-of-way if public
infrastructure is at risk or if an issue is left unattended. Rarely, if ever, has the City enforced a
maintenance provision of the TMC on a property owner for vegetation issues within the right-of-
way.
• Public Works has had the opportunity to review the Draft Tree Regulations and request the
following revisions to reduce or eliminate conflicts with TMC Chapter 11.20
18.54.030 Tree Permit Required
Revise C.3. to include: "routine maintenance within rights-of-way related to Interference, Sight
Distance, Emergencies or Topping as codified in Chapter 11.20 of the TMC."
Add an exemption for the removal of trees in the right-of-way related to a capital project that has a
landscaping component that includes trees, where there is adequate room in the right-of-way.
54
SIGNIFICANT TREE SIZE COMPARISON
JURISDICTION
SIZE OF
SIGNIFICANT
TREE
(in inches)
# TREES PERMITTED TO BE REMOVED (outside of
environmentally sensitive areas)
PERMIT REQUIRED?
(outside environmentally sensitive areas)
Bothell
8
10% of significant trees to be retained — applies to all new
development.
Land Clearing permit during development
process.
Burien
6
Must keep 30% of trees on SF site at time of development
No
Des Moines
6
Up to 2,000 sq. ft. may be cleared w/out a permit if area is
outside a sensitive area.
No, if < 2,000 sq. ft. is being cleared &
other exemption criteria are met.
Kent
6
Retention of trees is regulated at the platting stage with
required tree density required per acre and subsequent
retention. No restrictions on number of trees that can be
removed on a single family lot that was not developed under
the current regulations.
No
Kirkland
6
2 in 12 month period provided:
a. There is no active application to develop the site;
b. The trees were not required to be retained as part of a
previous development of the site;
c. Two trees remain on the site.
In some cases, tree replacement is required.
Yes, type of permit depends of number of
trees removed
Lake Forest
Park
6
2 in 36 -month period
Renton
6
Sliding scale depending on size of lot:
• Up to 10,000 sq. ft: 2/12 months -max of 4/60 months;
• 10,001-20,000 sq. ft. 3/12 months -max of 6/60 month;
• Lots > 20,000 sq. ft.: 6/12 months -max of 12/60 month
Yes
SeaTac
8 -evergreen
12 -deciduous
Tree retention applies only to platting proposals
No
Seattle
6
3 in 12 -month period
Yes
Tukwila
4
4 in 36 month period
No if 4 trees or less are removed in 36
month period.
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