Loading...
HomeMy WebLinkAboutCDN 2018-02-13 Item 2C - Ordinances - Zoning Code Definitions and Regulations Related to TreesCity of Tukwila Allan Ekberg, Mayor TUKWILA CITY COUNCIL REVIEW REVISIONS TO TMC 18.06, DEFINITIONS REVISIONS TO TMC 18.54, URBAN FORESTRY AND TREE REGULATIONS 19 TABLE OF CONTENTS I. Informational Memorandum to Community Development and Neighborhoods Committee dated 2/7/18 II. TMC 18.06, Definitions Ordinance III. TMC 18.54, Urban Forestry and Tree Regulations Ordinance IV. Planning Commission Packet for January 25, 2018, with additional materials handed out at the meeting: A. 1-24-18 Letter from Greg and Vanessa Zaputil; B. Illustration of 4 -inch, 6 -inch and 8 -inch diameter circles; C. Table 7, Tree Canopy Goals from Tukwila Urban Tree Canopy Assessment, prepared by Davey Resource Group, December, 2012 D. Proposed Revisions to Draft Tree Regulations Chart E. Draft Minutes from 1-25-18 Planning Commission Meeting V. Tukwila Tree and Environment Advisory Committee Recommendation to Planning Commission CL 2/7/2018 9:19 AM 20 W:\\Sharepoint\Long Range Planning\2016-2017 Landscaping & Tree Code Update\Draft Tree Regs\Council Review\CDN\Table of Contents City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Development and Neighborhoods Committee FROM: Nora Gierloff, Deputy Director, Department of Community Development BY: Carol Lumb, Senior Planner CC: Mayor Ekberg DATE: February 6, 2018 SUBJECT: Update of TMC 18.06, Definitions and TMC 18.54, Tree Regulations ISSUE Update the tree regulations and Zoning Code definitions to implement new urban forestry Comprehensive Plan goals and policies and add definitions that address urban forestry and landscaping terminology. BACKGROUND The current tree regulations were adopted 22 years ago in 1995, with minor Zoning Code revisions in recent years. Updating the tree regulations is the final action needed by the Council, after the update of the Comprehensive Plan to add urban forestry goals and policies and the subsequent update of the landscaping code in March 2017, to implement the portions of the Comprehensive Plan related to landscaping. To assist with the update of the Comprehensive Plan in 2012, and the landscaping and tree regulations in 2016, the Council appointed the Tree and Environment Advisory Committee. The Committee was made up of members of the business, environmental and residential communities in Tukwila. Most recently the Advisory Committee met September through the beginning of November 2017 to provide guidance on the draft tree regulations and changes to the Zoning Code definitions. The changes recommended by the Advisory Committee can be found here: http://records.tukwilawa.qov/WebLink/Browse.aspx?startid=10154&row=1&dbid=1 (November 16, 2017 Planning Commission packet). The Advisory Committee recommended changes to the tree regulations and Zoning Code definitions were then considered by the Planning Commission at its meetings on November 16 and December 14, 2017 and at the public hearing on January 25, 2018. The Planning Commission recommended changes are the subject of the Community Development and Neighborhoods Committee meetings on February 13 and 27th. DISCUSSION Staff proposes taking up the changes to TMC 18.06, Definitions, first at the Committee's meeting on February 13th and then move to the proposed revisions to the tree regulations, TMC 18.54. The proposed revisions to the definitions will add landscaping and urban forestry terminology that is currently lacking or revise existing terms that are outdated. On the proposed tree regulations, one major revision recommended by the Planning Commission is to change the size of a Significant Tree from four -inches to six -inches in CL 2/7/2018 9:19 AM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree Code\Council Review\CDN Memo 2-13-18 Mtg. 21 INFORMATIONAL MEMO February 6, 2018 Page 2 diameter at breast height. Attachment IV B. illustrates the difference in diameter between these two sized tree trunks. Some of the other key proposed revisions to the tree regulations are: • Linking the number of trees that can be removed in a 36 -month period on single-family zoned properties improved with a dwelling, to the size of the tree. As currently proposed, four trees 6-8" in diameter can be removed in a 36 -month period. For trees larger than 8 -inches in diameter, the number that can be removed in a 36 -month period without the requirement for replacement, depends on the size of the tree. • A no -fee tree inventory survey for the removal of 1-4 trees on a single-family property. This will allow the City to track the number of trees removed each year to gauge whether the Comprehensive Plan goal of maintaining 47% tree canopy in single family residential is being met. • No tree removal on vacant lots in any zoning district prior to approval of a development proposal. • Removal of more than the number of trees permitted in a 36-monoth period would require a permit (fee required) and replacement of the lost tree canopy either on-site or payment into the tree fund. • As part of development such as a short plat or subdivision, tree protection is required for trees that are retained. Trees that are removed must be replaced based on the size of the tree canopy provided by the removed tree. • Alterations may be required to the layout of development to preserve trees on-site. • A Heritage Tree program is proposed to recognize trees that are exceptional in size, or have historical significance to the community etc. The property owner must agree to the designation of a Heritage Tree for a tree on their property. • Similar to the landscaping code — the violations section is expanded, and penalties are proposed. • The tree replacement fund is codified and uses of funds specified. FINANCIAL IMPACT No financial impact. RECOMMENDATION Review the proposed regulations and pass them on to the Committee of the Whole for a public hearing. ATTACHMENTS As identified in the Notebook's Table of Contents 22 CL 2/7/2018 9:19 AM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree Code\Council Review\CDN Memo 2-13-18 Mtg. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING AND REVISING DEFINITIONS RELATED TO TREES, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO REFLECT BEST PRACTICES; REPEALING DEFINITIONS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06 THAT ARE NO LONGER NEEDED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has adopted Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the City has adopted new landscaping and tree regulations to implement the Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the Definitions found in Tukwila Municipal Code (TMC) Chapter 18.06 must be updated to include terminology that reflects best practices in the landscaping and arboriculture industry; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments to TMC Chapter 18.06, "Definitions;" and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60 -day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 1 of 9 23 24 WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on , to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: At -Risk Tree "At -Risk Tree" means a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.125, "Caliper," is hereby amended to read as follows: Caliper "Caliper" means the American Association of NurserymenAmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six inches above the ground for up to and including four -inch caliper size and 12 inches above ground for larger size trees. Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.135, "Canopy Cover," is hereby amended to read as follows: Canopy Cover "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on the a site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City of Tukwila's Recommended Tree List. Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.140, "Certified Arborist," is hereby amended to read as follows: Certified Arborist See "Qualified Tree Professional" "Certified Arborist" means an arborist certified by the International Society of Arboriculture or National Arborist Association. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 2 of 9 Section 5. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Critical Root Zone "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk that is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a Qualified Tree Professional. Example: A 24 -inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter. Section 6. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches. Section 7. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dead Tree "Dead Tree" a tree with no live crown and no functioning vascular tissue. Section 8. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.220, "Diameter/Diameter-Breast-Height (d.b.h.)," is hereby amended to read as follows: Diameter/la,amcter- at Breast jleight (d h.DBH) "Diameter/Diamctcr at Breast -_Height (d.b.h.DBH)" means the diameter of any tree trunk, existing trees measured at X1.5 four and one-half feet above average gradothe ground. Section 9. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dripline "Dripline" leans the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the of the tree, whichever is greater. Section 10. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Exceptional Tree "Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 3 of 9 25 26 Section 11. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Heritage Tree or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/ community benefit. Section 12. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Invasive Plant and Tree List "Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights-of-way. Section 13. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Invasive Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco -system. Section 14. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Landscape Design Professional "Landscape Design Professional" means a landscape architect licensed by the State of Washington or an individual who has graduated from an accredited landscape design program. Section 15. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.490, "Landscaping or Landscaped Areas," is hereby amended to read as follows: Landscaping or Landscaped Areas "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition landscaping or landscaped areas may serve as bioswales to reduce storm water runoff, subject to the standards of this chapter and TMC 'ThaptE 14.30. Section 16. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 4 of 9 Section 17. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures including but not limited to, sidewalks; curbs; the surfaces of streets, parking lots, and driveways; underground utilities; or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. Section 18. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.650, "Protection Measure," is hereby amended to read as follows: Protection Measure "Protection measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree Clearing Permit. Section 19. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.651, "Protective Fencing," is hereby amended to read as follows: Protective Fencing "Protective fencing" means a non -flexible, temporary fence or other structural barrier installed to prevent permitted clearing or construction activity from adversely affecting vegetation which is approved for retention required by iia a Tree Clearing Permit or approved landscaping plan. Section 20. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Pruning "Pruning" means the cutting or limbing of tree or shrub branches as specified in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". Section 21. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Qualified Tree Professional "Qualified Tree Professional" means an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 5 of 9 27 28 Washington. A Qualified Tree Professional preparing tree valuations shall have the necessary training and experience to use and apply the appraisal methodology prescribed in the most recent edition of the ISA Plant Appraisal Guide. Section 22. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Risk "Risk" means, in the context of urban forestry and trees, the likelihood of tree failure causing damage to a Target such as property or persons. Section 23. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 1775 §1 and 1758 §1 (part), as currently codified at TMC Section 18.06.775, "Significant Tree," are hereby amended to read as follows: Significant Tree A "Significant Tree" means a single -trunked tree (Cottonwood excluded) which that is 4 six inches or more in diameter . •• - . - e - - - e e . - e . e - (DBH), or a multi - trunked tree with a diameter of two inches or more on any trunk (such as willows or vine maple). Section 24. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Site Disturbance "Site disturbance" means any development, construction, or related operation that could alter the subject property, including but not limited to, soil compaction including foot traffic; tree or stump removal; road, driveway or building construction; installation of utilities; or grading. Section 25. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting property. Section 26. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Target or Risk Target "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 6 of 9 Section 27. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Topping "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. Section 28. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessment "Tree risk assessment" means the systematic process to identify, analyze and evaluate tree risk prepared by a Qualified Tree Professional in accordance with the latest version of the International Society of Arboriculture (ISA) Best Management Practices Guide. Section 29. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target, and determines options for treatment or mitigation. Section 30. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as currently codified at TMC Section 18.06.845, "Tree," is hereby amended to read as follows: Tree AM e "Tree" means any self-supporting woody plant which at maturity is usually 20 feet or • of 2 inchcs or more characterized by one main trunk or, for certain species, multiple trunks, typically reaching 12-15 feet in height at maturity, that is recognized as a Tree in the nursery and arboricultural industries. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 7 of 9 29 30 Section 31. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.850, "Tree Clearing Permit," is hereby amended to read as follows: Tree Clearing Permit "Tree Clearing Permit" means a permit issued by the Director authorizing tree clearing removal activities, or work that may impact the Critical Root Zone, pursuant to the general permit provisions of this title. Section 32. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Removal "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, poisoning or filling; excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Section 33. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Viable Tree "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure; is relatively Windfirm if isolated or exposed; and is a species that is suitable for its location and is therefore worthy of long-term retention. Section 34. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Windfirm "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined can withstand normal winter storms surrounding tree remneral_ Section 35. Repealer. Ordinance No. 1758 §1 (part), as currently codified in TMC Chapter 18.06, "Definitions," at the following sections, is hereby repealed: 18.06.275 Essential Root Zone and 10 feet beyond the canopy. 18.06.485 Landscape Architect W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 8 of 9 18.06.785 Solid Planting "Solid planting" means a planting of evergreen trees and/or shrubs which will Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in TMC Chapter 18.06, "Definitions," at the following section, is hereby repealed: "Significant tree, shoreline" means a single trunked tree that is 4 inches or more in . .. ___ . 2 inches or more (such as willows or vine maple). Section 37. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 38. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 39. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 2-1-18 CL:bjs Page 9 of 9 31 32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1770 §32 AND 1758 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 18.54, "TREE REGULATIONS," TO ESTABLISH NEW REGULATIONS RELATED TO URBAN FORESTRY AND TREES; REPEALING ORDINANCE NO. 2291; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila's current tree regulations were adopted in 1995, with minor amendments since that time; and WHEREAS, the Comprehensive Plan recognizes trees for their benefits to the environment, urban infrastructure and their aesthetic value; and WHEREAS, the Comprehensive Plan directs that the benefits of trees be factored into site design and permit decisions; and WHEREAS, the Comprehensive Plan directs that City regulations be revised to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions; and WHEREAS, the Comprehensive Plan directs the development of an "exceptional" or "heritage" tree program to foster tree appreciation in the community; and WHEREAS, Comprehensive Plan goals and policies establish tree canopy goals for all zoning districts; and WHEREAS, the Comprehensive Plan directs that tree retention be promoted throughout the City in part by prohibiting tree removal on undeveloped property without an approved development or other land use permit; and WHEREAS, it is important that required replacement trees at maturity have equivalent or larger canopies than the removed trees, except where existing or future infrastructure and/or public or private utilities impede the planting of Targe trees; and W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 1 of 28 33 WHEREAS, the Comprehensive Plan requires that criteria be established for professional assessment and corrective actions by property owners who damage code - required street trees or other required trees by topping, poor pruning practices or root disturbance; and WHEREAS, where required trees cannot be accommodated on-site, procedures for off-site planting of replacement trees or payment into a dedicated tree replacement fund should be established; and WHEREAS, increasing the amount of tree canopy throughout the City supports the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations, and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60 -day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on , to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Chapter Title. Ordinance No. 1758 §1 (part), as codified at Tukwila Municipal Code (TMC) Chapter 18.54, is hereby amended to retitle the chapter as follows: W Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 34 CL:bjs Page 2 of 28 CHAPTER 18.54 URBAN FORESTRY AND TREE REGULATIONS Sections: 1 Q Z A n 1 n 18.54.010 Purpose 18.54.020 Scope 18.54.030 Permit Required 18.54.040 Permit Submittal Requirements Application 1`.^.-ts,rials 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 Processina and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation. Plant Material and Maintenance Standards 18.54.170 Heritaae Trees and Heritaae Groves 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement 1 Q FA .11g11 Durr,-,;+ CyQmr,+ A •••••fi‘,i+roc. 1 Q g ()gr., C't^n ^F .v.L ..vvJ . .....w •..u..0 wv van. .v. c... Q 5'i non �ni,;,rer + D,erm;t nnator;MIs Derm;+ nnr,l;eation fee 1 Q L 41 1 1 n Ano,Iir.-,r,+ Ir,cr,r-,r,n�_D�r.i iirori 1 Q I AA 1'')n Ar J , — ,,+ CyVNr;+1, Don d;rcard 1Q gA nnn ('r,r,fl;vic+;r,(rsp .ir,r4(1rr1;r,nr�l�c Section 2. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.010, is hereby amended to read as follows: 1-8-5A-i�l�a10 Title Th;c chl,ll be Lr+r,...r. as the (sift/ of "Troe(1r.dr,Q " Nr.. -I V..N.....1,4111,411,...”...,be �c N. w.... ....V .....V.... w.zV v.wj Vs . ..V.. ..V 1..,.7 ...V V cited. 18.54.010 Purpose A. The purpose of this chapter is to 'mplement the Urban Forestry Comprehensive Plan goals; to rnaintain and increase tree canopy throughout the City: and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air quality, promote the public health, reduce human -related stress, increase property values reduce heat islands, and reduce storm water flows. W Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL. bjs Page 3 of 28 35 The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. B. In particular, the purpose of this chapter is to: 1. Protect existing trees prior to and during development: 2. Establish protections for the long-term maintenance of trees and vegetation: 3. Moderate the effects of wind and temperature: 4. Minimize the need for additional storm drainage facilities: 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies: 6. Protect fish. wildlife and their habitats by promoting tree retention and improving water quality: 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals: 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community: and 9. Establish procedures for penalties and violations of the tree code. 1 VAi+inn+r n.,r+M i.n vn.rirnmm�n+r+l nvnn..nn of Ir nrl rJn nlnnm n+ nnrl +n ...... y-1 .n.v vv.. .i..u.ISA'-.v.v.'-N•..v., , a.a..0 1.1J ma?..ii t d _ n o.c the ..alit. of T..L..ri!^'s ..rh-,n er .rfrnnmjan+ Drmmes+n h..ilr;r,, nnrl c+i}n nnmm..ni}yr'c . , ...� na},, n �:r.+ir,y do.rnlnnmon} of ........,. ... Ian. -I .v1 ..,......r, n(nnning �r.,n+•i .pc .M ., vv�nnni.rn to the Q Dn I }n nlrs.` r of +r r, .J r, J .rc}nnr .rnnn+r;}inn in +1,", of a. .. yw� .. ... ^y .,. �,.u�. ... y y . .. ,.......� -..j .,...... in order to: nrr.. rir•l .,7 h. ..r.r...+r.+inn c..nh nc• 1-1 \ \ ' /r)\ nrnvir:inn urilrllifr_. h -,hi+-,+• /'\ 1,e,91,..“..11111 rininn r�nvff -,nr•1 nil r.v.vn• nrJ..ninr, i n11..+inn• /.t \ \ 11 /l-.\ nrt. n. nrl nrl n� i rkG.•, �'.r.r! +1 nnolc'"• .... �} a.. /L\ /7\ -++in ..li .-.f ..rhnn nnn+nrc• ^r^ ^, ,.,..' ti..... r n r. l n r+.. 1.1 /0\ nhr. .nl nnrl enc+hr,}i n..nli+inn of +hr rhn .,mnn} W. Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 36 CL:bjs Page 4 of 28 I. MAnin}nin +hn .inhili},' of twin+inn n4nnrdn cf }rccn nnrl .nrinre.}nny .. ..... w ...� .y .vim vegetation. Drnrnn+r._ry+nn+inn of nn4i.ry ., no+n+inn in nnnni+;.�.n nrnnn nnrl +hn . v...vw ........v.. . . ..... ........... ., . v....v., v .........VI .... .... a rvir hi .ffnrn n hnrnli nn nrnnn nn. -i .n,. id 11cs hnhi+n+ n A.. ....rr.... �., v..v.ti.....0 .... L4..., .......nTTFC�T '-rT.::l.i...... S A Dr ,irin +n Irvin inn -.nn+ +I -.n rnr.rirnroC nnn+n f +Inn nine. .in A r -r. ... ICA ,. IV r .. , , .. ...,,I,........ , ., .... ... .... .. ... ... . ( ,nrin.r lin+rin+ nhnn+nr of +hie. +i+In rola+i. rn +n vnno+n+inn rnhnn. .nl nnnni+i. In prone nnrl IV,IV,,.,..�r.... .... ...c.,.� ... ,. . .�., nnnni+i.rn nrnn 1 •,ffn re. Section 3. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.020, is hereby amended to read as follows: 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees or d u dcrctcr`y' vegetation+ -within the City of Tukwila, except for removal of trees governed by TMC Chapter 18.44, "Shoreline Overlay:" Chapter 18.45. "Environmentally Sensitive Areas:" and Chapter 18.52. "Landscape Requirements." Section 4. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.030, is hereby amended to read as follows: 1-8.54 06O—Perm,4--Md nd a -s #/111 rnrnn.rn1 of ninnifinnn+ +rnnn nnrl .,.n`+.n...n.+v }.nti�vrr rhnil ih.v ,..SWI .niL n in ... .-.........,... ... ..... .. MI IV u . I j .n. . 11/..411 ., r�.i1 rrr n nnnrrinnnn ..,i++% +hn mnnrin+nn, n+nnrin rr+n nnnnifinrl in +hin nhnn+nr nvnnn+ nn nrn.rininrl ...G.....u....y .. .. r..v .... ... .. ..... .... .....r.v. , .......,.Y, r... v ..... v... in +Inn IA/ni.,nr +n Dnrmi+ IIAn+nrinIn r Cvnnn r.e. +ine. e.+inn.,-. of +hin nhnn+nr r.. .. ....... 7 . ........ ...c.t�.. rs�.C.. 4-......I....,....b ...c.........., ... ., .,.. ..1 .....�...,.. . 18.54.030 Tree Permit Required kin nr.rnnn nhnll nnrl..n+ ...`:� f..n+..+inn .eri+hnr .+ fire.+ ..h+n n Trnn � • ...... ...�. ,.,.�r.y . . ('Innrir.n Dnrmi4 nn n farm nnnrn.inrl h., +hn rlir n+n mIn nifinn11. r'n n +rnrn i l .......... .. .� . ......... .... ...-........ u�T.. ...... ...� .. ... V.. .......r� .... nvvG .e..N.n........G..j ..n...'. r.. ...,. .,.. ........ this chapter. A. Permit Required. 1. A Tree Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any these trees within the City, unless the action is exempt from this chapter. 2. A Tree Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown in a two-year period. 3. A request for an exception to the requirements of the chapter shall be processed under a Tree Exception Permit. B. Tree removal on undeveloped lots is prohibited. C. Tree Removal Exemptions. The following activities are exempt from the requirements of this chapter: W' Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page5of28 37 1. The removal of trees that are less than 6 inches in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single- family dwelling. 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or KingCounty, and routine maintenance within rights-of-way related to Interference, Sight Distance, Emergencies or Topping as codified in TMC Chapter 11.20. Routine maintenance includes the removal of up to 25% of the existing tree crown in a two-year period. 4. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high-risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person. utility or public entity undertaking such an action shall submit a Tree Permit application within one week of the emergency action and replace tree(s) if required by this chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the Director. 5. The removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right- of-way. D. Qualified Tree Professional Report. All Tree Permits shall require a Qualified Tree Professional report unless otherwise stated in this chapter. A Qualified Tree Professional report is not required for the permitted removal of trees, other than Heritage Trees, on a lot zoned Low Density Residential and improved with a single- family dwelling. 1-8,64,060—Permit—Exempt Activities Tho fnlin iinry an+iYl i+i�. am igIvmmn+ from +hc, nnnlin-+inn of +hic nhn+or nnrl rin nn+ ror.I dr, n TrL.c: r'Innrinn Dormi+• 1 ..f nasiY/pn4+-+Inn• I IMI CCC+hp si+o nn �e�his'h nlnorinn is +n .,vi,l v,.L�vv .,.v .v v.. •1„v.i ...-.w.,..� v .v is Irmo+pr) in nit vc rnn cenci+ivvn n+ -nn h..ffn r chnrnlinn nn. ,..s ,v..a.. ....... .,, ... ..r rR. VV, VV. .v....v u. v.w v.n.. v� or VI.v. v....v 7 rin nc Y .i+hin n nrin i+i..n area c nvivo rnn h.IffL.r vt�hofelin zcno• r`Iear of • In +n A ci nifinnn+ nnA +r11111`,4111 lk vnv nn n VI I VI vi+L. nNlrrQn+f1! -nnQri deveIn od {nr niny!e c.•-•• 1,1111 rvciderti..I Iloc i+h. Nay 36 man}h nnrind• 1 INLESSSC tho s 'f' nn+ trans. } ho rnrnnYior•I prn Innes+rar4 YAii+hin Yeio+Innrnn.. r+. -J }h.' an.K.c.nninf,o_d 41 Iffy rVVIIV v v .+6,. }I.v ohnrvlinn h r�lnnrina of w. y in yn+n+inrInns+nrI .+rir•In ..,.S11 ., .7 .. .,..4 s.,,. area huffor nr n1lts de +he chnrc�llnp `one c. D A. RC' .tine .a.. sso c. �}..io -a7 en, sensitive utiv maintenor oe .7'f v ge4a+ior, neoQ, U to maintain the health of Ian+c ^1ZI'',t. ;n noxious ::Cook or to remedy a no+en+1e1 fir- or health W. Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 38 CL:bjs Page 6 of 28 n eel +bran+ +n .kli Ifo+.,i nn�r TR/1r ('rZr rniN) n' rleinn cr rhino+ +n TrA(' Chen+or ...4 r_a...1 ..,. v. S,., ..,a. 1V N.4 w..n" .�' ,.j r4.. • ••• s..0‘..• . ,,,,..l .,, r ,,.,,. 4..,....x...4.. ... . 11.10 1../11 "" 18.5E "off C+rran+ D�rlein.Jn. noel I nn.-li - D, ..In+innn Q ')Q Alr ricnnnnc .. vl Vti. . ... 1 '.41 ISA 6....n l.0 . S4.4 .4.141.V11V v• v, 4..114-1..411 vvJ. n /"""4,-‘44", rnrnn �rnI nnnnc s. +n 4.1-1", nor -;nn of nn oc•+-V lin hric+mine +roo fn�rm nr nr3rnmnrnrnl rd. -3n+ r'. rcor , 11 . v 1 v . ,... v1 sow.. I.. .V. v..... r..,.. .a i.w. vv.). f ('non+r 1n+inn nne4 m n+nnnnnn of t4 tfee+c �a rJ +•li+in�4 ,i+h •n Cty .v -GT 4.J ...1..t- nL rn+ror+ rink+c[4. n+ +Ar",7tt nn,4 onoomon+((; Fres V V.1 . 1y111J v1 YYLJ) . 1\...1 vin vv... v..a�.- Section 5. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.040, is hereby amended to read as follows: 18.54.040 Permit Submittal ubmittal Requirements 18.54. �eM.q.uireimale,o.e nts 18.54 rrP80De►u-ter�ni: Tho fnllnae,inn rnn_fnrinIc nro rnr.l li -nnl +n nh+nin n Troo ('"mints Dormi+• . ..1.......y .. �.,..., . 1 Cifr+ 0/..n of +kn n nnen1 ckn+e,inn• . 1111... ... .. rvr....G., ...........y. n 1-1i mc++nr oni4+c n mr. Innn+inn nrl nnnnn., of twin+inn rinnifin sn+ .1.41... YN. ,.,., .-4...44.4..•.4.1 ........,.r) 1111 j .y..... n i trees reI+inn nrnnnnnr4 nnr4 y�vic+inn n+r1ln+. tros 1+ili++ lino+n nor,' n+r n+inn limi+ trees ,. to . . ..v.. . �.... ..rvv...4 1111 ... ..,...,u..y �. ..: vim:... 1111,, ..:.��-•1 ::: ...v, u.ISA 1,111 1111. 1111,.. v.. 11111.1 line; intervals; h Inl"n+ifinn+inn of all nirrnifinon+ +rnnc +n horornn.t .Nv1.....,...........,.4...,.y.............41..,.,.SW, w., .......,. n nro/nr r. Innn+ rJ • ,,. ..,1,....4,.....4, n Cvic..+inn nnr4 nrnnncr.e4 +nnnr.rnnk., of +ko ci+o n4 0 fe+n+ non n+l or .....y .4... r..,r. ........ .4. • • V•444 (•{ 1 irn,+c of nn,/ cnnci+h,n, nrnn nnr4 gsnni+ivn nnn ffnr rhl lnnr4 nn ,qn bink • -.1111. �..) 4.4,..4,111.. W.V� .., 4 1111. , .4..0 ...��... .y.. +ern+nr rnnrlr "f+k" r .,or to I .�.; :1� ;`wE1C Olin for +kn nrnnnnnl rk.... n .. F` . 11..11 1111 1111. I.....�..:. ., .. r: ni ,rnrt+nr c nnnl0c nrDmn c'nnllln' noel Innn+inn o4 rnnl n.mnn+ ...4...v, vr... v.. ..�. M...... .-----..v. .vr.•. JV111',..1. +roo/ ta,nno+n+inn +n ko •n. -J +v rnnlnnv .tlrr.rvr.+nfinn vlc.Nr�•.rl• k ninmcl+nr w. , rnnn+n+inn +n ko ro+Winne,'• vnrvnlnv r 111,1 nrnn c r d Innes+inn of .all cinnifinnnt +rnnc. nnri 4...44 ... . ...,1 . VI •....4111 .,. y ........4... .....,., I-41 144 n Dr nvsor4 rnr.o+n+inn n n+on+inn morc nnl ln• • A n., n+1vr mnnnl.rnn nnnor-I +n rnn+nrv. +ko on. rirnmm"n+-,l and ...7 4111 1 11 ..,.4.. ..1...,... l:.l 4.1 .4 .v 1 .1.. .W. .1 ... .111111 J..... . 1..41 .0 no1Jthp+in konnfi+n nrn+rits,ink/ I., nrn.,ir,' r4 kir nn ni+_ +ren +M+inn 4, r.J.. 4..) r..... .4...) 4..V..., .... +— c• 1 lhrni+ • rn+nn... n.,n l.ln+inn rnnnrnrnnnrin+inn nr 1r� rnln+nro +n rnnn+n+inn nlonrinn nr .......11.4.111 ..., ..4 ..........., 44.4......,..4.1, • vvv.. .........4 ..4111)1. 1111 r..... ....14.....4 ... ....)...14..1111 4.4141 11., ..1 ro rd n nom nn+ mono rnrl kir n r. Min rna rpsr nr nnr+ifinrl nr r' + C. rr n� rn ., i n n1 lei h11+ ro nn+ limi+nro +r�• 1 111.) , ... .1111:) .. •4.....44, .........•• 4- ..... • Nnfoccinnnl nc111+041n+(c\ n1 nh nc r., ....,.,.... 1141 4,4.11., ......4... \... / , n In nr4t+ nn nn nrnki+on+ nnnn+r, rn+'nn Drn.r1,1;n" o +e,ri++nn o.rn 1110+inn of +hn .,n+i Winn+n ,•l nff�n+c of nrnnn4Jnr4 .,.. .....4..4.4...,.. 1111, r'^.4... +kn .,inhili+ar of +rnnc nn. n,• , +n• nl/nr .. ... ............� r. .. 4.4.4. 4.. 1111.., ...11.4.... o k nna,nlnninonnnm n nlnnc for c1,no,icinn nr4/r nni+nrinr. i nlomnn+n+inn f 11:'.x.......14-11..4114-11 ..1 w. 1....44- 'r...y r.4 ..., I se, .. r..... ,... 4. 1:41 4,. ...4......... 11 ...Ins/ rnnl lira r4 iron n + n+i er rnnlnn�l. r'y+ n+ rnnnnf res•ne..-1/nr W' Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 7 of 28 39 DeNcs+ n"rsc.+ri c. 4c r-tx,3111,-,44,-, • • • .11 I 411 1,41 •••• zi_knift.QacLue, aret .• V •••••• • MINI I 11.• / V' II. • ,...,44 tn.e i /e1,..S1..n4.i.inin ^lin., riinin iin in in i+il i V. • 4./.1,••••44...4.4e111 ....Vivi. 11111 .1 I' ,il ,,Y1..,,1411,,, VI. I 4.0 4.4 rhiInli.l.ni, rlifrin+ nknrt+,..,- t-sf +kin +i+14>__ ....., . N.F•14....l, V..4.04.1%,.. N../.......r..-. ,••• 4....4, 4.1 4./ 4. • in DI, 114 +;f* n 1 1 r vsr + rs 11411.1 r. 11,01 I I. _.-*.-JI_,.- if 5. T4escid Propcced te nr4 /nr rnnInn.nnett-sts+ nr-tri ,+6-1,=•r •••••••-tc..1-r• ••-•••-s+isi+itc• 1-rs.-•"/ nf-inn+ m‘..e. I 1.• move 1.1114.04/S. bcsr,n+nfietn 1+4 /C1 ,re1/9 II tsCk nrn.n nne-1 /,..r nknre-,1;nn -.*nn 4./4.0.1...elam • Ne 44.14,1, Vt. 14Ai .4.e. 4,11114., e•-• l•-•• ,f...r r +k.. C ifis v. 4.4 ••••• V4,11,014.1" A ned•-•"eli es; nnrrtni,inl r -t..dies and -^-44;e-- The D;.rectcr rr:2; require c....,.,1,,,,,c,,,fni c.f..,4;c+c. ,^..- nfk.n." Ann. •r",,csest•-4;..srs "r c•••-s.c.,-.;Al f .. ,,,141+1,,,, F. -sr x.inr-1.- n .- + •-•,, •••14.04./4...114,1 14,1414,1 .1, ......... 1,41,1,.. 14, IV. V•4,114, eit. i•Iii c4ael.n. nf +hcs n I-, rd in n + n rt n r t -s rn ieNn+ n c• k n 1.,k ,n 1,^1,11 t-.1.-Nrri. Pse-sescsc•cs•-* r, .- 4,-, .n• I , r,»+In ..............- •-•• ut ....• ...nr....r, •••••••-•••..s. ., 1 l -.1 r. ...op....ea 1....•,.. I Is -e• N... Iv 4111,4, 4.414.•,01111 11 1.7 ll.l 4.0114,4,1, 4114.I. rn rInintne in I. intninninii.nininin ‘.,;4k fh.ts rc,r1111rrirVICrIff• nf +hi, nk,1.1+Ctr +kr, Cknrnlirsn Cl,,,,zrIns, ... r.....r.o.............. ..... ',.........•1,r....,............., 1••i• • l.... • ,e,or..4.1 v. I • Is.s..• v. ,.• 1....• '-'•'r'' va •,.....,.........0 V 111,..1,4, rA•rin+ • ra,nr-vi•csr "N.- +I• -s C•n•rtnif.il cc, A rres•-••••-•• fls.-.I.Inv ITh;•1-rin+ ••••••1,..--.4.c.r -.f +hie'. Ii4.11 ..".,Protect -.........,,.......-.1_,..-. -. ... 1,....• ,...•,.....• .•• . ....- • .. -...,..1,../ '...1. SIN •,.."., •-.. ” .....1 ....ei •var •....ea ,... • •.• "sr 1.11%,,I, NO, 1.'.' 1,-.1 'kW,nr rsritinie inr-t-srs.n.-1,1 -1-k.nc.n nnn..-4;+inno nnns, innli 1,-1 ko .+ nc- r, nn+ 1;re.1 +nfn Is, -s, ircs ,,,......... ,....1 ,...- „....-,....-...,. . ......,,.... vl...I 14.4.4“../. .40 I I “..4 .7 .. , ,..., ...4 ,...• '_•, 140,14 4,11 V 1.4,1. III I • I 5,..., ,4 ,...., , m . 4, 5.41 ¼) 5.11 C.,,,,,,,,,c, ..,;•14 -sin IAA, 'ink x A rnrl, rr,-t*/ kr, nnn A 1 1 n+nt-I nr- cs r-,nn;f;n1.,nt-L, rrtn+knAc. ...... vv.,. .... ••• ..v• 1 •••......4 ......., 4, ,,,...........,,,,,,,,, •-•• -r---...- •••.....• . II .,,,1 Iv...4v. A. Permit Application, Prior to any tree removal, site clearing or work within the Critical Root Zone, a Tree Permit application must be submitted to the Department of Community Development containing the followina information: 1. Site Plan of the :proposal shnwinci • a. DiadTieter, species name, opation and canopy of existing Significant Trees in relation to proposed and .existind stnictores,t tiines, and constn...iction iimit b. identification of all Significant Trees to be removed andloi- relocated: c. „Existini and proposed topography of the site at 2 -foot contour va anis; d. Limits of anysensitive iarea and sensitive area iuffe andibr shoiteline jurisdiction. 2. Landsi:2:ade Pian for the proposal shoivivincp a. Diameter, species name, SP..i3Cirlc4 and location of replacement tees to b. 1:Diameter, species name and location of all '..;ignificant Trees to be retained: and c. Vegetation protection tneastices consistent with the, criteria in INC Section .18,54.060. 3. Professional review or recommendation. In certain circumstances, the Director may require professional review or recommendation prepared by a Qualified Tree Professional addressing the f0110'MilCi: a. The anticipated effects of propi:;:isegi construction or tree reMovai on the viability of Siitibificant Trees to remain i.)nr-sitei W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 40 CLbjs Page 8 of 28 opose i r'> _ , m re' s s ori replacement tir:.Js, , in and .,'aintenance ac • c. ion and ion; and d. in,enarice Of ent tees } 1u'; s 3tio;., of inat {c i ,l surancif re wiirec 4. A photo of the tree(s) to be impacted or removed. 5. Time schedule. Propose . time . sc yi leo {w: ratioq ;em1,0,, a° relocation, ret3lacentieg`, and oe tion activities thata�t., t on-site vegetation, _ :i`✓u area, sensitive area l i.it . ..and/or shoreline zona. B, Single-family Tree Removal — Up to Four Trees. Except for Heritage Trees, the removal of 1-4 Significant Trees within any 36 -month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements of Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: 1. Number of and size of trees to be removed. 2. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure. 3. Photos of the tree(s) to be removed: 4. The method of removal and identification of contractor: and 5. Time schedule of tree removal. Table A Single Family Tree Removal Requirements Trees # of Trees in 36 month Tree Permit? Qualified Tree period that can be removed Professional (DBH) Report? 6-8" 4 Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18" 1 Yes No G. See Table B for the number of replacement trees reauired, if any. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 9 of 28 41 D. Waiver to Permit Materials Waiver. The Director may waive the requirement for any or all plans or permit items specified in this chart section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement for permit mater:w!c shall not be construed as waiving any other requirements of this chapter or related regulations. E. Permit Application Fee. Fee ran„irererl: A nan rof n �ab!o norm/+ nG. nplicnti an f an ,.nIIIna nallan}nrl n4 +inn,n of „hmi++nl 1111. . , ... ., ... ..,, ..........., R � .. ., ... � ... ., . ., 1,111, .......,.. Trnn ('1nnr'nr, in-4'vn Th cr... 'r'rr 1, 1 c Unp Zinn+ink �., fn` **rill rsJ jrles fnr +hr� nnn.+ Inc a Inn rn.,,n,a, nrlminir.+rn+inn nnrl N r.Tnr.} r ... 1111 ........•,......... , ,... of +ha nnrmi}}infl r nnnn in nnn+inns 2nd nronnscinn of nvnon+inns +o n4nnrin 4r. nr,4 ,..� r 4,.. ...,1....., r' 0 �� �,,: , „u N. ....y �.. r.,. , .3 �. -' .. Cu„ . , . n ope^Is th:c nhoptcr. A Tree Permit fee shall be paid at the time an application or request is filed with the department. pursuant to TMC Section 18.88.010, except as otherwise noted in this chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. R Can: The ('ity chap nal Ian+ n + n fnr rr, nn 4, nr, N' 0 • (1 (i a nnn+ n n+ an.,i n na+in +hi Trnn r'I —. ;nr, D, rrni+ nr al" n}r,r Fo Vxoopt:� No fee nhnll by r. rorl for .� r+n+n+inn .r. .. ,,.. 's—i 4,4,. og 1.1. ,.4,.. Innri -,l+n ri nr, nn+it/if,/ nnnro,/vrl ,nrinr n I nnr) A14 n D-rrn i+ .....J ..r,V.... 1111 . 18.54.110 Applicant Insurance Required nlvN nnr, nvvv 4,,N+v Al 1A ,i+h A. In nrlrli+inn +n nn.i Harm/+ r ...‘4,4, ran+crins r,ri+inns sr.finrl nr,1rn1,nn+ 41 -tin 1..,41 ..) VV. 1,114.1,414.. 1.1..4, nhnn}nr if }hn nnininn of fl.-',,-+ar +ha nn+„rn of +ha ,.lorlr in oink +Inn+ i4 rani/ nrnn+n n ... 1....I...G. .. ... 1...m ,4r, .. ..4,.. ... 1111.,1111 ...4, ,..4, 44,..1 .- ..- .. ,u. 14. ...w, ... 4,..4,4, ... hn�n rrl +o In. inn nn Iifn ar n.-Innnnr nAinininn n n. -F.. +han +Ina 1 i rr. r rn a +1•,n . 1......1..1.. .11,0 ,441 c. 1...,.1...,.441 r �, 11 11. ,y .rOr .� , , ,441..,. ...u� :.... 1.1 .4, nnnlinnn+ to n,,hmi+ n cerl•ifinn+n of inc„rnnna r r .. 1111 , 1. ,...14.41.4,,4•44.4 .44,41.41 c1..,4 D TI -.,-.n.4 (;-.n+ n+ nhn +hn+ +hn n..r, liner.+ in nrd n n+ n1 of vv.....v n.. w4,♦ 4,..v.. ...4, . ...v .r.l.f...t..,... .v ...v.... 4,L.. --u.....,.. 4,101.4.14 1,4 V. r1 .-n-, rrno i n, ,nl, /inn nl Irian reel nr+,/ .n+ nrnn nri k "el h., +1•,n ................y.---. 11 .....1.11 .., N4,.,4,4..u. .r:j:,1, .4,4, I:', �t;,4,..i ... 1.a.. ,........... 11. r,.4,,4,4....,4� .. J 1...4, furan+nr in nnnarrinnna ,../i+h +ha nn+.1rn of +ha riLL0 in,/ol,,arl nnrl +ha fnlln,./inr, rnir, rn..m `.....,..,1.s. ... w. ..4,ti ...1... ,. ... ., 4,. 1.. .1..4,..4,... 1.111... ..... ............y ..........M... amounts: 1 R -.-1;I , in'..n, Iinhili+l,• Q1 rn111inn n I V..4,4,. r) Drnnnr+., rinrnnr,n linhili+,.• . 4,N4,. ,� , u......,4, ....44...1. . Q'1 million noir nnn,,rrnnve. •r .. ,..,,.,...,.. (' All i nnlininn n1•,+nir,r,rl ir, .tnnnrrinnnn ..,i+1, +h nnn ern./ininnn nhn 11 n ... T.. x:4,.....4,4, .,...1...........t ... .......,.s,............ ...... 1.. .4,4,4, 7...4,...44.... is, ..,.1..14, +ha ('i+., of T.,L..,iln "nr+rli+innnl Inn,rn 4" nael chnlI ha ..,ri++an h,/ n nomnnn,/ 1.. ...,� ......................••,.'-'-'-,..4.2VV.1. Iry ..1.,,4.. ..,, 1111. .1.......� Iinoncorl +a rIn h„oinnoo in fha Cfnfa of \A/nohina+an W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 42 CL:bjs Page 10 of 28 Section 6. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.050, is hereby amended to read as follows: 18.54.050 Permit Approval Criteria, General Tn the ov+nn+ +ha + veg-etn+inn re+vn+nn nndlnr r�trm,Ieoemen+ .v conte ten+ .�.+1-, nrn. et .... ..... ..y .. .. .. .. r .... ... v.. revs f�.n. ihili+� nr nnnhl of +hn 1.11,,r1 r+., ,ten +n+inn n1 nrinn hn1 k rJ conr±..o±odJ +n meet c!' of the or nnnrn.inl pnnrn.iol .i+h nrli+inn, L r N r ., .. I ... ...• 1 1..11......., (`lp.urinn D, rrni+ nnnlinn+inn V 11 err.. c .. 11 11• Th Lri}print c•hnll be - hr2. h� Jnr rlvn.nl n+ nn,y +rnn rinn innl..rinrl in rre u 1111..... 1111. .....� 1111 v � ......,..... y ..........w 1111..•. . i . All Tree Permit applications shall meet the criteria outlined below for approval. 1. Existing trees will be retained on-site to the maximum extent possible as required by TMC Section 18.54.0.60 and as recommended in the Qualified Tree Professional report. if applicable. 2. Tree protection will be implemented as reauired in TMC Section 18.54.070. 3. Tree replacement will be implemented as required in TMC Section 18.54.080. 4. Tree replacement funds will be deposited into the City of Tukwila Tree Replacement Fund. as described in TMC Section 18.54.100. if required. 5. 18.54.110. A performance assurance will be submitted as reauired in TMC Section Section 7. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.060, is hereby amended to read as follows: 18.54.060 Tree Retention Standards Tree �e#entierp _ Ci+n irytrtro.,omnn+c chnll ho 1pe+jnn®r1 onrl nnnc+r..o+j 4 +o ...,.z... 1111. 11 11. 11.11 u •,, . as n.• existing healthy trees .c. -p^s-ib!^, anal fn nri+oris - o Pr rjty chnll hn g: on rt. -.t: n of exis+'n nnrlc of +rnnc trees t 11,11. .1 v. 1...11. 1111.... y11 Jv. 1 to . • L.. v. vl.....E..y �t.... 1111..... 1111. a vGv, � � .� --L cite in rimc++nr +rvon =sii+hin +hp chnrelino I n..• ly n.�n+ Cn .ro....ron+ 1111. Cnnci+i.io Argas or ond hs --,!thy mature trees. 1111..... .1.y ...u.,,. 1111 h All ..nrinrc}nr.. ..nnn+n+inn ..,i+hin +ken nc_n+ill rnn+ �nnp of nrn+on+prl till w.. y 1111 ..�.. 1111... ,1111. 1111 1111 1111 r w.. 1111. u fr .c.c ch -,ll hn• \ ro+ninnrl• !lD ............... /0\ romn..n.-i Int/ mn+hurls win ink •-irn non rlomr.nn +n +h,o tr plc'., end rep ce!'i .tii+h Vng-atntinn with ha0.4-2 � turol reM.L.frmm�n+c .hinh �Tp comm+ihlwith urate +,ctrl tree N s \Jnnn+n+innrc,mn..nl ch n11 hp ..n.-ic,a4nLon in n..nh n murmur .-.c• +n ..y....,....... .....,...... .....,... 1111 u.. w.....,...... 11,11., 1111. rrese rtdrpr, n +ho rlonro poscihln +hn noc+hn+in nnrl r.lnr.i nl hnrtnfi+c p .-i.-ln.J h n n . t y1..8 I ,. u Cwt Cu.....1 I r. ,. u •y ,� vegetation, W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18 54 strike -through 2-2-18 CL:bjs Page 11 of 28 43 A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development or re -development, particularly to provide a buffer between development. taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of buildings, parking or other elements of the proposed development in order to retain Significant. Exceptional or Heritage non-invasive Trees. B. Topping of trees is prohibited and considered removal. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails: or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Low with mitigation. such as pruning: a. Moderate risk with significant consequences: b. Moderate risk with severe consequences: c. High risk with a Target or Risk Target: or d. Extreme risk. 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures. and potential for root or canopy interference with utilities. D. If the number of trees to be removed exceeds the permitted amount in a 36 - month period on a property zoned Low Density Residential and improved with a single- family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC Section 18.54.080 and Table B. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the tree removal. E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off-site tree replacement as required by this chapter. F. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability durina construction. G. The Department shall conduct a tree canopy assessment every five years from the date of the adoption of this chapter to ensure the tree canopy coals of the Comprehensive Plan are being met. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 44 CL:bjs Page 12 of 28 Section 8. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.070, is hereby amended to read as follows: 18.54.070 Tree Protection Measures Standards a. The, n rnnvn.l N "r' shall .r. cftdc +r"." nro+en+ic cu urns wh ink rv. e1 exceed beest mnna r+mnn+ nr.not:ccc esnd .iiia n+ which Iry v; ffinirs n+ +n rsnc..rn +hes Nb.l.+.. far standMrds of prcfeccinnnl nrhnr:cus.ttr , nd of rn+nn+nil +rr r . nano n+hor v- +n+inn •. •......- ....r3G.uctvt9 rn+nn+inn n..r s..�n+ +n rnrrnrr r n+tn of +h., "h�n+n ...w........r �.. ..� ... ..:...� . ... .. �.. ... ro 1,4 vhull ;innl. .rdn r rVr E+VC mcAnc..rcc o..ffininn+ to nrn+nr.+ nr»r Crenci+vr� Arca :+c Q..ff r nerd n+n+i_ n . r:d•hin +ho t. chnrnlino 1 ns., Irnn-,r.+ Cn.[irnnr.nr h fl.rinr. nlnnr;nn gnri/"r nnnc+r. .n+inn nn+nn+inc all n+nn+nr.iQnn+n+in ....y .. u. .. .,.....�, r " d ..c., ,.. . ti.z.r.arri . chnll be c..rrn..nrdnrd her nrn+nn+i.rn fnnninr. werhinnh kreven+ Mdai rerce imnnn+c ",,•"";"++ ra 3....... ... .. ....,.....w. ..., ..... ...� N....v va..v .v..v...� ... .. . �... ...�...s u G...... .. r.N ......., ...,.. 1'i7i�.t7 ri+h nlearinn frn,m in+r. .rdinr. n+n L of n+nn+nd r.n+n}inn All trees not proposed for removal as part of a proiect or development shall be Protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adiacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may reauire a third - Party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6 -foot chain Zink fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide eaual or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within -the Critical Root Zone. The value of this tree is $ jinsert value of tree as determined by a Qualified Tree Professional herel. Damage to this tree W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL.bjs Page 13 of 28 45 due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC Chapter 18.54." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and miaht be damaged by machinery. shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse. parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade chanaes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adiacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and. if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. Section 9. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.080, is hereby amended to read as follows: 18.54.080 Tree Replacement Standards When tree replacement is reauired. tT-he site shall be planted with trees to meet the following minimum requirements: 1. Each existing Ssignificant Ttree removed, above the number allowed in Table A. including removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities. shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity. payment is reauired into the City's Tree Replacement Fund. W. Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 46 CL.bjs Page 14 of 28 2. Tree Replacement Ratios, Table B establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted_to be removed in a 36 -month period, as shown in Table A. has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms, hail. ice or snow storms, and earthquakes, are not required to be replaced. Trees determined to be Defective by the City or a Qualified Tree Professional, are not required to be replaced. 3. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 4. If all required replacement trees cannot be accommodated reasonably on the site the applicant shall pay into the Tree Replacement Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off-site tree replacement may be allowed, subiect to additional maintenance fees. rli,mr,+nr of Cvic+inn Tron Dnr,-.n..v.-I Nin of Dc,,nl.anc.mnn+ Trvnc D,¢rv.. rn,-1 Number of Replacement _Canopy Removed 4 8 4 i nohes 8 12 inches 2 501-1,000 sq. ft. 42 1 4 -8 -Rhes 18 2444 es 8 --24 inches 8 TABLE B Tree Replacement Requirements Amount of Mature Tree Equivalent Stature Tree Number of Replacement _Canopy Removed Trees Up to 500 sa, ft. Small Canopy Tree 1 501-1,000 sq. ft. Medium Canopy Tree 2 } 1,001 sq ft. Large Canopy Tree _ 3 5. Tree replacement shall also meet the standards in TMC Section 18.54.160. S�r,n•-•+n}i..r! r.Z .v.... ..�1 +h'. �.-..�li.-..�r�+ C'hrs1l '4r.mCrxc+r..+ca ...- .....y r.....uuv11 1 VS 11v WWII, a 1v .w r. r.011,041111. ,..111. .... 111+1. .........111vu awL.. n I M �vnn s Dlnn Qonvi+i.ip f1`rgn 1011+in..+inn ID ,' n+h,_ r m ++orinlc ron11 rorJ . w 1 ... Vv., ....1y .1 .1, 1 11 ., ..1 nor +ham. ran 11i ro rr.nr.+n of +hiC• minimum st-n- a.4&: .,acro+o+inn ronlnncNmnn+ 1,A/di mnp+ +ha fnlln.A,ir�n ,... N �. ...1 ..1 �....... ..... 1.. ... ....1y /'1\ tlAiniml,yvm ci eknii ? G innhnrn,i.1. +r,ec / .......111..1.�.011w1 111.011 .... 11...1 ......v..... L +n Q WV'S., WSW,/ foo+_ hni.-.h+ fnr nii rnroon +reo ')i1 innhno hoinh+ fn nhrl iho ars,-1 4 n�lln fn goo U{ I -So 'ef- W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18 54 strike -through 2-2-18 CL: bjs Page 15 of 28 47 /71 Dnnlnnmm,.n} nlnn}n nh 1 mnn} n..rr.,n} A innewiewte. . /\.Jvn }i -_e'f �e K1..rnnr.rmnn +nnrinrrl fnr n..rc nr�r c}vnL• 1111 .. .. � I ... 11 11 .. y 1TU I I h /Q\ D1nn}inn n�n..n.n}nnnnnn of vn :rread nnmp \./ ....wn} �ro,r.n}n}innt nn rrl nnnn I e ri}I., hnn} m nn nnmm�n} n n}i nnn fr., In nrin.+nninr. .rh'nh rtc rrn 1111.,.. 1111 11 11..,.. ........ I.,; a 11. , ,,. 1111., ;w..�....,uN...y ..r"� 1111 }hnmnn}n}inn1n Inns }nrm hnnl}h nnrl n. .• .Id'.nri. rnl 1111. 1111 ,1111..., .,. 1111.... . �.... �,. 4. SNLIFo-un4IM>. `.Ivironrnc Tines }imin of nrl mo}hnrin }n he nr,rl ../••••• . ..v t... iL..S n 1111., 1111.. .rc 11111111...1111.,1111.. 1111.t.ivv.X r rr •, nor nrnr,ncnrl �rnnn}n}inn rmm�.r.,I Chnll hn r.,nh }Inn} i nn}S, }� nrn}nn}nri �rnnr.}n}inn . ..y r 1111 r11 v11 .y ....11 .11. 5...11.......1 11,11.v.11 .;."I:,....,,.. •. r .� vu ,r........,.., •ri1,11ifr, fin h n rine nnrl +I• c. c. . rrn..nr✓in,. L,n.ri rn n m n n} nrn m nrl ....W....., 1111 1111 Iv,. ...II ... 11...11.11 11y �rw. Section 10. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.090, is hereby amended to read as follows: 18.54.090 Tree Relocation Tree relocation shall be carried out according to est Mmanagement ractices, and trees proposed for relocation shall have a reasonable chance of survival. Section 11. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.100, is hereby amended to read as follows: 18.54.100 Tree Replacement Fund A. When trees are topped or removed without a permit, or if the number of replacement trees reauired by Table B cannot be accommodated on-site, the Director shall require payment into the Tree Replacement Fund. The fee will be based on the current cost of the following: 1. The cost of purchasing and delivering a 2 -inch caliper deciduous or 6 -foot evergreen tree: 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.: and 4. The cost of maintenance of a new tree for at least three years, including_ but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use e Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree replacement funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree. pursuant to TMC Section 18.54.160. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 48 CL:bjs Page 16 of 28 Section 12. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.110, is hereby amended to read as follows: 18.54.110 Performance Assurance Applican-t city Req -u reel To mitigate potential damages that may result from unauthorized tree removal or maintenance, c.hr.',LJ +hr.,, occur .nr rr.r•„I+ o+ nlonrir,n u,hir.h ir. r,^+ ni,+hr,rivr.rl h Tri Cleor.ng Porm t. the Director may require from the applicant to submit a bond, letter of credit, or other means of assurance security acceptable to the City prior to issuance of a Tree Permit, subiect to Tthe following provision : 1. Tree Protection Assurance. The applicant may be required to post a three year performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. 2. Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a one-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizina and prunina. and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged. severely stressed or dies, the tree shall be replaced according to the standards in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one-year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. 3. Replacement trees damaged due to natural disasters, such as wind storms, hail. ice or snow storms, and earthquakes, shall be exempt from further replacement. 4. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City 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. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL.bjs Page 17 of 28 49 5. The performance assurances shall not be fully released without final inspection and approval of completed work by the City, submittal of any post - construction evaluations or following any prescribed trial maintenance period required in the permit. 6. Performance assurances provided in accordance with this chapter may be enforced in whole or in part by the City upon determination by the Director that the applicant has failed to fully comply with approved plans and/or conditions. 1 "Then rnnr.ir,-.rlnnni.r..n hn11 n rhnn i++vrl n rinr +n +h^ nn. in on nn Tr, -.n r^Innrinn Dnrrni+ ,.., •4.......• .. •.J • v. • • .5.. ') Thnnnniri+ , nb.n.l r. h.. o. 1n1 +n (' n i+., C+#rc. hnn+ nn+i.nn+r, n+ nanin n+n ., ..........j �. ,.1. . ....� • 4,4,.•••.....4, ... F C rlirr.r.+I., nnn •nir.+r.rl •,i+h n 1n nn.v+nn+ of nlnn rnrl .,nnn+n+inn •.knk hn, nn n+ hnr.n 1111. .�...• y ........... ..1111 • vr.G........... ... ... ...y.. 4... 4..... ...1111... . .•...... • •v. c,vv I fin•,+hv vrrJ 4.v hes nlnnrn rl NnrJnr n Tran ('1�G r• n D,rrv.i+ /n n +kr. rnn Inr..nn-. nn+ of VIVI,. V411 4, • ... . \ . 41 11. • ..,.,-i',._......VI 1 .nr.n+n+inn nrn nrl fnr res+nn+inn nr +hes inn+nlIn+inn of r Innnr.,nn+ nlnr,+innn ,hinh +I -.n ..,0............ :,r.......... .v. ..1.11..1......, S.. ...4. .• •...a••4,......• . ... m....„.........0...-, p,.. -.......y:.. ........ 11 11. n nnlinn n+ hnn fn ilnrl +n n+nil res r, 11 iron \ In nn nnnn nhnll +hn` nnn. ,ri+t, vnr.nrl nn ....�.,�...•........ • •1.•.. ..,11.14.... ..: e:: .....I...•....../. ... ..c 4,.,,.,., 6114, .,...,......, 4.0,.....,t.... ..a. r n rnn. res+ nn. .nl +n 0 G +imnn +4.nn• n+ nnn+ r.f rnnlnninn +kn. r .••••1111, .. ••••••r••••••,,,... 1111 Dnnln n+ rest,l rirnrnnn+n of +kin nhnn+pr • ... ................... nines+n 1,1"1"r +I -,n Tenn 0 Thn nnn. •ri+., nl-,n11 n+ 4.n f. .11.. rninnnnni .,i+hes. 1+ fin n1 innnnn+i r.n n nn! ... •........ • ., ......... ..... F.... 34.41., .. 1......... ........ ... ... r........., .. .-....d nnnrn.1,*1 of nnenn!n+nrJ .n,nri, h., +hn ('i+., n..hrni++n1 of n ., nn+ es n+r. .n+inn n n1. •n+inns ... r r. 51111. v1. G.US • sr .......s 1..111P...., ..1111 1111.,, 4,..•.,••••44..1. VI ....7 ....... .v...4........... .....,.c.......•.....,, nr fn11,...-,,nn n n., n rihnrl +rin1 rv.ni n+n nn n nn n n rind rnn• •irnrl in +hn p5nrrni+ ..• ..,..4...... ..•.., 1.,'4,.,.,• ...5..........•...... r4.....4......1................. r.,• • . •... A Cn ri+in ,i rJ nrl in nnnn rrinnnn ,i+h +kin nhnn+nr rs, e,11 hes rinmm �rl in .e,hnln nr in nnr+ h., +h,=. ('i+., of T....,.iinnn nin+nrrninn+inn h., +kn rlirnn+nr +4.n+ +kn nnnlinnn+ h n f ,I,.rl +n f. .11.r nmm�l., ,i+hi +hn +irn n nifinrl ,i+h nr4 nnr-/nr •^rr.,. •.. nn ....0 ... •....., .,•..r.J ...........iv 41..... Cr:......,,I, 11.11. G oL. ., Vt.,. IV r.... •..••40.... ,,11/ rmmnrl int enrnfn rnnw.n n+ nn+inns nnnnrJ n+esti in nnnn rrl nnnn . ,i+h +kin nhnn+nr .....� 1.......,40.1....1 1,111.,•....•..-....14.., ........ ... 1111... •...G 1...,. .11 .+.........,..,....... ..•..• .•..4.. 1,111_.+., 1111. Section 13. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.120, is hereby amended to read as follows: 18.54.120 Liability A. Liability for any adverse impacts or damages resulting from work performed in accordance with a Tree g Permit nn heh !f of +her,±„ .=- " the City limit -s, shall -will be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree 1.. ,te ril? - 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 +i Cham _±,,_t,m:tc from the duty to keep any tree or vegetation upon his o- I-1€?f. property or under his_jr _ lei= control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to -o-.-4-TMC Chapter 8.28. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 50 CL:bjs Page 18 of 28 D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. The applicant shall at all times protect improvements to adiacent properties and public rights-of-way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. Section 14. Ordinance No. 1770 §32, as currently codified at TMC Section 18.54.150, and Ord. No. 1758 §1 (part), as codified at TMC Section 18.54.130, are hereby amended to read as follows and recodified as TMC Section 18.54.130: 18.54.130 Permit Processing and Duration A If +he, r�r�r �c ! f.-self-s+nfi.sr, ` Il'. ... n .-�,l - rr.i+ .. ... r,.. r ... .y...,. ... r'y r ^ wNr,. r+- of thio rh apt r +ho I-1 i r-^+r.r -hall nr r rn. rn the .nli-n+inr - -u..ems +hn Trno CIsnrirg Dr. mi+ and en xocpt or.o ..,... ,.,...�,.....y .......... All Tree �Rg-Permits w..� .,e.....r,.,....., shall be processed as Type 1 decisions. Exceptions to the requirements of this chapter shall be processed as a Type 2 decision. B. If the Tree Clearing Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Fro the edMtc of .c Wwnro, Tree permits expire one year after the date the permit is issued -hall h .,alirl far n p rind ^f 1°(' da c Section 15. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.140, is hereby amended to read as follows: 18.54.140 Permit Exceptions A. Exception Procedures. An applicant seeking an exception from this chapter shall submit a Tree Exception Permit application in addition to the Tree Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons iustifvina the exception are provided by the applicant and verified by the City. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria: 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. W. Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL bjs Page 19 of 28 51 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree vegetation- removal, replacement, and any mitigative measures proposed, are consistent with the purpose and intent given in this chapter. c. The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity. 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional fnlinwing in^Q� win gar exception roque..+ at the expense of the applicant. 1111... .y .. .....y ,..,.,,.,r,�„11 1,.yu a The r.,-lat6., of certified crbcr.st c. p crto the . � 1111 ... .. 1111 1111. ,upperto 1111, exception. e h Tho ci-,v of+he of+e Wrest n+ n n nr+ +he n1.mes h -r f nr1 ,.. 1111 ,..33,,, „. r.' J' '-., ,, .1.111..,,rr,... ,.,,. .,u , ...,.,. 1,.:.1 reel or+--vvv, ur.J vff c� + - �_ nl n+inn is nrnnnssorl . 1hil.h fttr+hes c +h, IgcMIc. of +his .. .. r .....y 1,. r..,r'- ,. .1 11.,1. 1 ,. .,1 ,1 .. chapter c%..nr1 o+er r';+ nnliesiesn ..p c, . �.... � .. . r ... ,.v,,. c. Qni e planting o all red e€-elaeeIent troes is no fear ble-;r, she project incl- ^ . v .+ , ,+ + _ . f. •cos anJ/or Iabo- and materials fa off site -tree pl-ntinga 1-b t -he applicant and Direct , dCmnllc,r_oized rnpl,nc rv-,nh+ Ines+o ern r''cre su ui+erd to 3.3 e +honnnioo +o nnneli+inns Wesel 4n +hes n.1 nnnnc of +hie chnpt r anri r plant rl lffintesn+ rr n + .111, u .. ,.. " ��, , Cr.1. ,,,.. ,-,..4333,/,...43 33. �1t6E;S .O Weser± the enfant of +4,;o chnN ++nor. �^ B. efel ntk n r.d .. Iixc r r:it et; r'a r, i, .,t. nr ..,...... .. .. ... ..,....vf.ry +k r-lnncn +n 1-1,1ettnf 4 nen 1a1h, -. =hes cnct n+ ..-tn 74ir ,4rnn est iter tt/irit t, I F - ..,,r N.., ,. ...3,31_ ,..33.33-3,.. �.. _ca,.+_1. W. ... . .. 1 343,33/441,34143.333% 33311,43;4 J-4. +n 4h.. n ,-,4 + 3443/431,34311 ,,,43 +n ,.-, +h 4 n n,nrn•^s,^+l-+ .+lir,: 1 ti,rr,1 l Th:-, of +rens: f' to1,113,11 Ir ,-'-e. 1 fn 0(lO f.. n.1: n3' ,,F ,1 +n +I,n �,victtr-,-v 1111. .., �.....,.. .., �.,.a ,.. ar. n + .�v.. ..n, y .. _.i -.. .,. `I.'r yr ... 1111' hes .1 n n r"-•,-, C. -Ex #on Procedures An ,ar,nlicatinn an.. exception from this nhopter 7^. ., . ...r.,r,...,,...... , forany ,,,..,..r...... 1111... 1111, chopter Qh-ull ho c. lhmi++o.-1 in .�.ritin, h� +hes hrnhe,-+t v•.nnr +n +hv Iltrnc+rsr �r+rl chnll nnuvmm�nnn.i 1 1111 1111... 1r ,.. ,1 1,. 1 1... .1] +h�,_npplicntiesn fest, n Trey, (•'IQnrinr. Dvrmi+ C1 ch nn Jinn+inn chn11 f. 111 s+u an111 r-hc+nn+jjny fantn nr n r+ino1n11+1 +.e.s +,h.. es *vcr,rn±in r.esr _Ij._Lnor+.,an11 incl. tela ., 1.,.u,. J ippert nr. mops est -/33,43 Tho D -i o t -o rhnll .. on+ nn exvo_ +; 1._ _ _ r+l�.oc n 1.d_thn't'+t Stiff iGi c1nfiGi estr--r c,..o,.n..n., �111 .tc 'f.iingy + vn+iC'� y��r4de 1 h.e 11....At,. 4h rprp.li,c,o... . W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 52 CL:bjs Page 20 of 28 Section 16. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.150, is hereby amended to read as follows: 18.54.150 Permit Conformance iotan 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 A!! tree ce..J o..tct.c..n NrrAerctl..n..nnclren Nnc•.cr� or :t dr-ywf gc c hnll be inc�4nllod prier to init Linn cf any vl ra in 1 .. .. 5555.. 5555 .. y 5 u r. t nr !,n, -4_34t C. Pro -D,rcpert�r _Thi nnlinNn4 shNll n4 NII +iw.e r cteot !repro..cmont- �..... .J ... NI,. (...... ..� .. .. ..,� 5555.. h„� .. ..r.,. ......... 5555 4 n4 ri. rr.4r. nrnner4ie nnr-1 n1 1; -' rin hoc+ of .*rn.r nr mr.n+c. frr, IV% • r1 menc: .. .. ...t... Ur 11QG ,4, rinn nln.-.rine Tl-... Benet r.hnII rec+nrn 4n 4hn n+nnrinr.-1 in effen4 n4 4h,y 4imc. r.f 4hn SAM. ,,.,..,..... NNS �.. ., ... ... ..5 �.... .,. 5115., I c•t•11n nr.n of the n. rrv.i4 .r n .k1ir. n i.rn4�. n .rnmrx r.4r�+ rinnnr.nr.rl h r the ..1nr..i.oc.ht'n .., 46 '1 : y uS .... f �, operations. O. Maintenance ,qes.,onsihiliE., All ern+toted nnrl rnnlocs.mvn+ +rr�nn nnr1 .rnnn4o4inn ohn...rn Nnnrn rnrl Tc. rat''Irsn rine Dni m1 ;4 r N ries r+4f.ln n6+N11 by Fn. -1,, i n4.+inc, rl .. �........ ........ ... h�ral4h.r nnnrli.+inn 1..r +1 -In nrnc.rF. nr snr 4hr :nhv .4 4hn life, of +1,,n. nine+ 5 ... j ) p .. r '...� ... ... ..J.. 5 55. N�..�.. ., n4IOn.ric cr'nn turf n htr 4h111rnn+nr in n 01 lhc.nn11nn4 Trnn r'innrinn DQrmi4 .rp,............., 5..I�.'i..0 ...:) 1.. ..1........ .. ........+....y 5555.. 11nless 5a. v.r Section 17. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.160, is hereby amended to read as follows: 18.54.160 Soil Preparation. Plant Material and Maintenance Standards A. Soil Preparation. 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be require_ d to ensure soils are properly prepared. 3. Installation of plants must comply with Best Management Practices including, but not limited to: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants Prior to planting. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 21 of 28 53 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 rind around the base of the tree trunks and woody stems of shrubs. If using mulch around aroundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material Standards. 1. Plant material shall be healthy, vigorous and well -formed. with well- developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on-site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown and be of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2 -inch caliper at time of planting as measured 4.5 feet from the around, 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 Prunina. 1. Pruning of trees should be (1) for the health of the plant material, (2) to maintain sight distances or sight lines, or (3) if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest potential. 2. All protected and replacement trees and vegetation shown in an approved Tree Permit shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 54 CL:bjs Page 22 of 28 provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Section 18. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.170, is hereby amended to read as follows: 18.54.170 Heritage Trees and Heritage Groves A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. B. Designation Criteria. A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event: or 2. Has an exceptional size or exceptional form for its species: or 3. Has an exceptional age for its species: or 4. Is the sole representative of its species in the area: or 5. Has exceptional botanical or ecological value. C. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. D. Heritage Tree or Heritage Grove Development Review. 1. When development is proposed for property that contains a Heritage Tree or Grove, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18 54 strike -through 2-2-18 CL: bjs Page 23 of 28 55 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) or Grove may be reviewed and Granted as part of the underlying land use or construction permit. The adiustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and d shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Tree(s) or Grove. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree without approval of a Type 2 permit. The Tree Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adiacent 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 obtainina a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown shall apply for a Tree Permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards: and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by a Qualified Tree Professional: and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 56 CL:bjs Page 24 of 28 Section 19. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.180, is hereby amended to read as follows: 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. Section 20. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.190, is hereby amended to read as follows: 18.54.190 Violations The fnlln....ir.rl nn+inr.n c.1 -,D11 hn nnnnirinrnrl .inln+innc of .1-1,;<, nhnr.+Qr `.I....rir.n ............y..y.....� 1111. ,. ......,......... 1111.WI1...r.�.. .............y, nlnn+inn rnlnnrr+inrs r rnnin+L.r.nnnr_. of .,L. c.+n+inn n+ . 1144-,srs inrlr r "'sr in nnnr.rrinnnn r...........1, .%.' w..v.1, v. .•.........v..,..vv v. 14 N... .I%.#. S.....v...�v.... .11.11.... v. ... ...vvv..w.411VV .A[i+h nn 'nnrn.resr-1 T. .c. (sInnrinn in -,r,,,,;4 .erhnrc. c.lnh r.,c)rmi+ rr. .iron nr /4. 4. in — . .... r, r........... .1111., •••...... ........ , r......... ... .....I :......... , ... 1.4,1. .. . nnn rrl nn .i+h +hr. r.rn.4c.innt. of +kin nhnr. n Cnnh +r_ n IA rh inh nl rl n+ rr.nl u.......;.......4111... ...... .r.... �� 1111..1111,.. nr ht -s+ ronin+n inpr-1 nn L. r. ..rn rl h.r +kin nhnr.+fir nhnll vnnc.4 4, +n n nnnnrn+ , alied n+inr. •••••• .........,......,........ I .1111 r . 1111.. 1111 . A. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC Chapter 8.45. B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply with the provisions of this chapter also shall be subiect 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 subiect to a fine of $1,000 per tree, or up to three times the marketable value of each tree removed or damaged as determined by a Qualified Tree Professional. 3. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the City's Tree Replacement Fund: 25% into the General Fund. 4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties, 5. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC Section 18.54.200. 6. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 CL:bjs Page 25 of 28 57 Section 21. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.200, is hereby amended to read as follows: 18.54.200 Remedial Measures riflin+ r F_ -I , n rrl' nn +h ., rYin V V..01111 rnii .. r, I I 1 Q. +Y yr Iv r.hIii l.l.i+hor +hi nhnr.+ter .- r n i .mi. +rrr+iii.- rJ ni ;h." r i+ .. .. ....�.... ..v. ..41 g7 ..... .. . .. wr ... .... ........ .. the permittee f,s .... i cii r,1,1 rl fr. r+rnni Irir�r. 1-' o..onc.'it or. cf =J...sh a permit. +hor rc ;;.,:red permits or ticir.ply:rg with the requirements In addition to the penalties assessed, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Any illegal removal of required trees shall be subject to obtaining a Tree Permit and replacement with trees that meet or exceed the functional value of the removed trees. 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment shall be made into the City's Tree Replacement Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table B. 3. The applicant shall satisfy the permit provisions as specified in this chapter. 4. Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter. 5. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice of Violation and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. 6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. Section 22. Ordinance No. 1758 §1 (part) is hereby amended to establish a new TMC Section 18.54.210 to read as follows: 18.54.210 Enforcement A. General. In addition to the Notice or itiolatio, and Order measures prescribed in TMC Chapter 8.45, Gill! Vinlo+ions ao nciei_ ir,_.effe-vi nr h-r-afteri-the Director may take any or all of the enforcement actions prescribed in this Or -din, -i,4, W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 58 CL:bjs Page 26 of 28 to ensure compliance with, and/or remedy a violation of this )rdinoncechajter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, OR of after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Gk. -ant -1g 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 C-IeorinoPermit, 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 Ctearir.iPermit, 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 ou.7....:.),ro o ihspection fos tc r *J ..�. compliance with the provisions of a Tree Clearing Permit or this chapter, consistent with TMC Chapter 8.45.070. uthorit, to !n eot. 2. ' fn -pre c e :cis e sar b, :The Director may re :t. it e ` nal f apo. ,pl ;-v. e s.. .,r. ...li. ,u�: Permit ._SLrari.�� to e�::��r��� compliance as a condition or to .....,M..r�^ .,^,. ,...,u� �- ch )er perimit ro, ....." rrhants. .. oo:n 4et:ch of ...ull D!..Tar. ..�..--la nxo (-!^raring Permit, the apniin..-iht a -!Thal lr,s eot o i onontho t. -rev +h; The permit process is complete upon final approval by the Director. 9- Rerne+dia!--Measures-Required. o, -I for in +k; .. ohop+er +ho liiroo+or mo.• req ro n- nercon oond=ting 9:ege+..fin ole., n .iolofion .,..,,.ra..., a..,., a....,,.,a.,. ...a,.j wa.. G..� r.,..,,,...,,,........a...y ...y„a.,a..,.. ,,.,,4.�::'y :..�.,, . cifthin , hon+or +r` mifin n+c. +ham. nrs.+}y+ .-.f r.lr?..rinry h*, r.nrniinn , , i+ rmm�,^liol mQ.acr ry tic. ray 5 a.y.,a. .. ;r'- - '-- .,..........y ..,, ..,,... J...y w. Thi f -! !-wing pro=ions ch,,11 nnnl9. nc+fnot.c ..h.-.ryl c.. roh remsarli .l mc.. oc arc .........y r ...Arr., ... ......... ,,a....... ...... �: ::. 11...... c required: ThepnI .N.+ ch. -.Il �,.ti f.. the permit provisions as cnoo�fic -1 in +hic oh.-.p+or . ..G ^rr1?% ..a v..aw.. a..a..ii J ... permit provisions av ,3y.,# ..v... .95 Tr...! 2. R©rnerriiul measures m11st oonform to the �..rr^c .v .in.l intent of this ha,r's+vr Ir. ..dp i+i n remedte stm ial mocs..res ...un+ .. cot hrr'darric cneoific.d irk thin chapter, ATLn ppliov.�..rdo for mitigation ova+lincvrfJthe Sv cnsi+ive +, i,w,# gypte of th:.c. t:tie. W Word Processing\Ordinances\Tree regulations re-enacted TMC 18-54 strike -through 2-2-18 CL:bjs Page 27 of 28 59 Q D, -et -vs .Jinl . nn r Ir i mr r + h. nn mnl.,+ ,jii+hin a mnn+ho of +hn Q At ()An nr.�ri+hin v. ....v .v yr ••,,11111. +hn +imn u 11:/1+rTv nrinlJ n+hnn•, , nnnifiQrJ_h•, +hv rlirnn+nr 'J + + ;COI d rD+icf n+inn of +ham (1r�r+C�i ...... rsil a „„„„„+ }n TRA(' C Rapter ', Thn nnc+ of on.i rmmni-1 in mn•-)c Nlrne, nn.vvN +n nnrrY .+ �inl+inr+/ \ of +hicQ' .n�.y ,v.,.v..••u. ...v.na s....•••••s....•••••1111 V .i •. vv,. v. .v.� ..v..\ �, Vr .Ir10 nhnn+nr vh II hn hnrnn h‘i +hn nrnnorf.i n..,nQr 1111'41", r�.�-Iinnn+ 1 Inn + +ho n.-�r.lir.�r,+'c ...�... 1111... 1111...,1111.. ...� 1111. �,....r•....) 1111.... ,a. .,.P'r..........�.. ..r... 1111... YYTT'''' r1.� -F.-lea' rn +t -e, imnlmvr+4 rQrrr , n'J rpme.'iinl mnMVNrrvc +hn rlrrvninr �'�ivom -0- y ___ - rv�.. r . .�.. . .,�..... 1111 1111. v ...� nnr+inn of 1111., corer rri+., c„hmi++/.'4 h.r +hv, nnnlinnr.+}n irvynl nr,+ cr ink �....•••••••• 1111. .s.y .......,.. ..� ...........,r r.....,. 1111. ,...N�.. c......., 1111. .r. aG'.�r.., 1111 ...rri ui 11,041. I rrn nr rrvI L. }hNr vkr"-,� L:or s of +I ,v nhan+pr. Section 23. Repealer. Ordinance No. 2291 is hereby repealed in its entirety. Section 24. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 25. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 26. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike -through 2-2-18 60 CL•bjs Page 28 of 28 City of Tukwila Allan Ekberg, Mayor Department of Community Development- Jack Pace, Director CHAIR, NHAN NGUYEN; VICE -CHAIR, DENNIS MARTINEZ; COMMISSIONERS, MIGUEL ivIAESTAS, SHARON MANN, MIKE HANSEN, LOUISE STRANDER AND HEIDI WATTERS PLANNING COMMISSION PUBLIC HEARING AGENDA JANUARY 25, 2018 - 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS I. CALL THE MEETING TO ORDER II. ATTENDANCE III. ADOPTION OF 12-14-17 MINUTES IV. CASE NUMBER: L 17-0077 APPLICANT: City of Tukwila, Dept. of Community Development REQUEST: Revise TMC 18.54, Tree Regulations, to address Comprehensive Plan urban forestry goals and polices and revise TMC 18.06, Definitions, to incorporate urban forestry terms and revise landscaping terminology. LOCATION: City-wide V. DIRECTOR'S REPORT IV. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwiloWA.gov 61 62 TO: FROM: DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Tukwila Planning Commission Carol Lumb, Senior Planner Andrea Cummins, Urban Environmentalist January 17, 2018 January 25. 2018 Public Hearina on TMC 18.54. Tree Reaulations and TMC 18.06. Definitions The public hearing on revisions to the City's tree regulations and Zoning Code definitions, originally scheduled for January 11, 2018, was postponed to January 25th due to a lack of a quorum. We hope that those of you who were ill are feeling much better by now. We received two comments from the public just prior to the January 11th meeting that are attached for your review: Attachment I - verbal comments from Vern Meryhew, which were transcribed by staff for your consideration; and Attachment J - emailed comments from Vanessa and Greg Zaputil. Please note these two items have been labeled so as to follow the last labeled Attachment in your January 11th packet and have been added at the end of the January 11th materials that follow this memo. If you have any questions, or would like to schedule time with staff to discuss the draft regulations, please let us know. You can contact me at 206-431-3661 or at Carol.Lumb car Tukwilawa.aov. ATTACHMENTS I. January 9, 2018 comments from Vern Meryhew J. January 10, 2018 email from from Vanessa and Greg Zaputil with comments attached. CL 1/17/2018 4:18 PM W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelDraft Tree CodelPlanning Commission\PC Info Memo 1-25-18 Mtg. 2 63 64 Date: Time: Location: Present: Absent: Staff: City of Tukwila Planning Commission PLANNING COMMISSION WORKSESSION MINUTES Chair Pro Tem, December 14, 2017 6:30 PM Council Chambers Commissioners Sharon Mann, Mike Hansen, Louise Strander, and Dennis Martinez Chair, Miguel Maestas; Vice -Chair Nhan Nguyen Nora Gierloff, Deputy Director, Carol Lumb, Senior Planner; Andrea Cummins, Urban Environmentalist, and Wynetta Bivens, Planning Commission Secretary Sharon Mann called the meeting to order. This work session is a continuance from the 11/16/17 work session on the proposed revisions to TMC 18.54, Tree Regulations and revisions to definitions found in TMC 18.06 related to landscaping, urban forestry and trees. Chair Pro Tem allowed comments from one citizen. Vanessa ,Zaputil, a citizen, said that the third bullet in the staff memo is incorrect, that what is proposed is not the same as what is currently in TMC 18.54.050, Permit Exempt Activities verbiage. She also said adding the arborist fee report cost to the permit fees will be a financial burden to the small business owners and residents. She also expressed concern with a property owner not being able to remove a tree due to cost, which she said is a safety concern. She does not want the situation where people aren't taking out trees because financial cost and regulatory requirements are too burdensome. Commissioner Mann requested staff address the citizen's concerns on the permit activities verbiage. Staff said the difference in the codes requirement is based on the tree size. There was further discussion. Commissioner Martinez, expressed concern for long-term residents being on fixed incomes and having the financial burden to senior citizens. Commissioner Mann requested to note this as a concern. Carol Lumb, Senior Planner, and Andrea Cummins, Urban Environmentalist, Department of Community Development went over the proposed definitions and proposed tree regulations and answered questions. ACTION ITEMS: - Bring back to the Commission, definition of significant tree size compared to other jurisdictions 4 65 Page 2 Public Hearing Minutes December 14, 2017 - Send information to the Commission on the comparison difference of other Cities for significant tree sizes as soon as possible. Commissioner Hansen noted that the comparison of neighboring Cities is quite important in their discussion and, said he was disappointed that the Commission didn't have the information for this discussion. - Bring back to the Commission, documentation on Tree maintenance in the public right -a -way (page 110) - Provide a chart on significant trees 4" versus 6" - Provide more information from the City Attorney on Injunctive relief REVISIONS: Page 96, nuisance trees — add underground utilities. Page 97 — send significant tree size chart as soon as possible Page 103, D. change wording to match chart on page 104— no arborist report for trees greater than 18" Page 106 clean up verbiage, paragraph D, nuisance tree. Page 108, if tree is damaged by an act of nature, it is not i 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. red to be replaced (see page DIRECTOR'S REPORT: - Commissioner Nguyen will be the chair for 2018, and Commissioner Martinez, Vice -Chair. Heidi Watters the new Planning Commissioner will go to City Council for confirmation on January 2, 2018, - Overview of the 2018 Planning Commission schedule. Staff asked how they could help the Commission the process to go smoothly next in 2018. PC Responses: Provide packets with completed work on the project before coming to PC. - Have representatives from the Police or Fire department present when Variances, parking, or set -backs are being considered. - Commitment for enforcement regarding the decisions PC make. - Better outreach to citizens regarding projects in their neighborhood. - Staff gave an overview of the upcoming schedule of items to come to PC. - Staff thanked the Commission for all their work in 2017. Adjourned: 9:15 P Submitted by: Wynetta Bivens Planning Commission Secretary 66 5 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila Planning Commission FROM: Carol Lumb, Senior Planner Andrea Cummins, Urban Environmentalist DATE: December 28, 2017 SUBJECT: January 11. 2018 Public Hearina on TMC 18.54. Tree Reaulations and TMC 18.06. Definitions On January 11, 2018, the Planning Commission will hold a public hearing on revisions to the City's tree regulations, found in TMC 18.54, and Zoning Code definitions found in TMC 18.06. The following changes have been made to the draft regulations, based on Planning Commission direction to -date (these changes are also highlighted in yellow in the draft regulations): 1. TMC 18.06 Definitions: • Nuisance Tree definition has been revised to add "underground utilities". 2. TMC 18.54. Tree Regulations: a. 18.54.020 D. "Exceptional Tree" deleted from requirement to provide an arborist's report. b. 18.54.040 A. spell out "CRZ": Critical Root Zone. c. 18.54.040 Table A — Arborist report not required for trees 18 inches or greater in diameter within a 36 -month period. d. 18.54.060 D. The Planning Commission requested that the language of the first sentence be revised. Staff suggests the following: If the number of trees to be removed exceeds the permitted amount in a 36 - month period on a property zoned Low Density Residential and improved with a single-family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC 18.54.080 and Table B. e. 18.54.080 B. new last sentence exempts trees damaged or destroyed due to a natural disaster from replacement. CL 1/4/2018 2 50 PM W:IISharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelDraft Tree CodelPlanning Commission\PC Info Memo 12-28-17 6 67 68 Informational Memo Planning Commission 1-11-18 Pubic Hearing Page 2 f. 18.54.100 D. The Planning Commission expressed concerns about possible liability from trees planted in the right-of-way. Staff has requested guidance from the City Attorney and Public Works on this issue. g. 18.54.210 B. The Planning Commission requested clarification about requesting injunctive relief on the basis on someone threatening to violate the tree regulations. Staff has researched the question and has the following information: Typically, a request for injunctive relief must be authorized by the City Council, which can be time consuming as an item must be scheduled on the Council's meeting calendar. The language in this subsection would permit the Director of the Department to initiate legal proceedings in the event of an emergency, which would save time. This language is in the current TMC 18.54 and is proposed to carry forward into the draft going to the City Council. Attachment F is a memo from Assistant City Attorney Ann Marie Soto responding to questions about liability and Attachment G is information from Robin Tischmak, Acting Public Works Director, and City Engineer, regarding trees in the right-of-way and also requesting two changes to the draft tree regulations. DCD staff are in agreement with the requested changes from Public Works to the draft tree regulations. RECOMMENDATION Conduct the public hearing on the proposed revisions to TMC 18.06 and TMC 18.54, deliberate and make a recommendation to the City Council. ATTACHMENTS A. Draft revisions to Definitions, TMC 18.06 in strikeout/underline format showing staff proposed changes, Advisory Committee and Planning Commission revisions. B. Draft revisions to TMC 18.54, Tree Regulations, with the staff proposed changes accepted, Advisory Committee and Planning Commission revisions shown in strikeout/underline. C. Comprehensive Plan Urban Forestry Goals and Policies. D. Current TMC 18.54. E. Staff Report on land use file L17-0077, Revisions to TMC 18.06 and TMC 18.54 F. Memo from Ann Marie Soto, Assistant City Attorney G. Email from Robin Tischmak, Acting Public Works Director H. Significant Tree Comparison Chart. CL 1(4!2018 2:50 PM N�+\\Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Draft Tree Code\Planning Commission\PC Info Memo 12-28-17 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Note: New text is shown as underlined text: text proposed for deletion is shown in 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"rneansl a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as prescribed by a Qualified Tree Professional or by TMC Chanter 18.54. 18.06.125 ICaliperj "Caliper" means the ^ cr:c ^scoc:::ti^ —oft '_=-2r\rmeru4mericanHort] accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six€ -inches above the ground for uo to and including four -inch caliper size trees and 12 inches above ground for larger size trees.' 18.06.130 Canopy "Canopy" means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. 18.06.135 Canopy iove4 "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 proiected canopy areas in the City's Recommended Tree List. 18.06-140 Certified Arborist: "Certified Arborist"-. see "Qualified Tree Professional" r __ ,_ _., r is` ti"_d " tho t_t CL Page 1 of 8 W:\SharePoint\\Long Range Projects \2016 Landscaping -Tree Code\Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CU]: This is a new definition from Lake Forest Park with revisions proposed by staff. Commented [CL2]: Current definition with revisions from Kirkland definition. Commented [C13]: "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 [CLS]: Current definition with additions from Lake Forest Park. Attachment A 8 69 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions 18.06.145 CIearingI Commented [CL6]: No change proposed. "Clearing" means removal or causing to be removed, through either direct or indirect actions, any vegetation from a site. Actions considered to be clearing include, but are not limited to, causing irreversible damage to roots or trunks; poisoning; destroying the structural integrity; and/or any filling, excavation, grading, or trenching in the root area of a tree which has the potential to cause irreversible damage to the tree. Critical Root lZonel / Commented [CL7]: Lake Forest Park "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk. We propose using this term rather than "Essential Root which is equal to one foot for every inch of trunk diameter measured at four and one-half feet Zone" 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" mear-_s the area of a tree containing leaf- or needle-bearingbranche Dead frreel, "Dead Tree" means a tree with no live crown and no functioning vascular tissue. 18.06.199 Defective rrreel "Defective Tree" means a tree that meets all of the following criteria: 1. A tree with a combination of structural defects and/or disease that makes it subject to a high probability of failure; and 2. A tree in proximity to moderate to high frequency targets (persons or property that can be damaged by tree failure); and 3. The hazard condition of the tree cannot be lessened with reasonable and proper arboricultural practices nor can the target be removed. Commented [C181: ISA source of definition Commented [CL9]: Lake Forest Park. 1 Commented [CL10]: This definition was added when the landscaping code was revised in March, 2017. Diameter at Breast M-(eighti (DBH) Commented [CL11]: Lake Forest Park "Diameter at Breast Height (DBH)" means the diameter of existing Trees measured four and one-half feet above the ground. CL Page 2 of 8 W:\SharePoint\\Long Range Pre) cts\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 70 9 1/2/2018 537 PM TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions "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 Parkl .c. t"- -un___ j or t`o _.:db=t.-_ ..`.",_ __.. k r,, f_- ., beat Exceptional Tree Commented [CL12]: From Kirkland and Lake Forest Park Commented [CL13]: Proposed using the term "Critical Root Zone" rather than this term. "Exceptional Tree" means a tree that is at least 1182-01 inches in diameter (DBH). For trees with — Commented [CL14]: Size of Exceptional Tree revised by two stems. if the stems have a combined total diameter of at least 24 inches. the tree shall be Committee. 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 iTree'. Commented [CL15]: This definition revised when landscaping code revisions were adopted in March, 2017. Heritage 1Treel or Heritage Grove Commented [CL16]: Issaquah "Heritage Tree" means a tree, or group of trees comprising a grove, specifically designated by the City because of historical significance, special character, and/or community benefit. Invasive Plant and Tree List "Invasive Plant and Tree List" means the City list of plants and trees that are prohibited from being planted in landscaped areas subiect to an approved landscape plan. and City properties and riihts-of-way, CL Page 3 of 8 W:\SharePoint\\Long Range Projects \2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM 10 71 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Invasive re "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 perser+ licensed by the State of ashingtonit ong2gc...'k'^ FC`nr nen or an individual who has graduated from an other accredited landscape design prryara_rof siert,?!. 18.05.185 tandc_sgc jrrc'zit_ s= -son l:ccr:_cd ti,I rt,., Sti:t2 of jai`=:'Fxo __ _..0_„_ 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 Commented [AC17]: ISA source for definition. Commented [CL18]: This definition added to reflect new landscape code and text in TMC 18.52 that identifies those individuals who may prepare landscape plans for projects. Commented [CL19]: Propose using"Landscape Design Professional" effect appropriate for the use to which the land is put. Ilr addition. landscaping or landscaped Commented [C120]: Amended definition to reflect new areas may also serve as bioswales to reduce storm water runoff, subiect to the standards of this landscaping code, which allows bioswales to substitute as landscaped areas if certain criteria are met. Chapter and TMC Chao-t:3Jr 14.30. Mulch "Mulch" means wood chips. bark or other organic material that covers the ground for weed control and water retention purposes. 18.06.586 Native Vegetation "Native vegetation" means vegetation with a genetic origin of Western Washington, Northern Oregon and Southern British Columbia, not including cultivars. Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures. including, but not limited to sidewalks, curbs. the surfaces of streets. parking lots. or driveways. or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. CL Page 4 of 8 W:\SharePoint\\Long Range Projects \2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 72 11 1/2/2018 5:57 PM 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 -Permit. 18.06.651 Protective encingi "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 r ctcrt.cri-reguired by ill a Tree Clcarir -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 'rafess[ona : 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. �RiskI: "Risk" means. in the context of urban forestry and trees. the likelihood of tree failure causing damage to a Target such as property or persons. CL Page 5 of 8 W:\SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM / Commented [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 1 City revisions. 11 12 73 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 f Tree "Significant Tree" means a single -trunked tree ;Cotto:r::ocd ox±:c.ca; which is four -4 inches or c -. t.,.If n E s..,,. _t.,...., the J': more in diameter as measured,:nti:.rd,o��,N., .._.______._..,��:w;:r.� _. '-:$gc-adaora multi -trunked tree with a diameter of two -inches or more on anv trunk (such as willows or vine maple). l€774 stogy:a tir-ecr.S`s _i<»n, _ _. :b_ t. 22 oC A fc2t..___o t .c: ��2 EA4r;c: "i""F'C 18.06.777 Significant Vegetation kemova[I "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 ' isturbanc "Site Disturbance" means anv development; construction, or related operation that could alter the subiect property. including, but not limited to, soil compaction including foot traffic. tree or stump removal. road, driveway or building construction, installation of utilities. or grading. _ ;27"::!.17::" CL Page 6 of 8 W \SharePoint\\Long Range Projects\2016 Landscaping -Tree Code \Definitions\New-Revised Definitions -edits addressed 74 13 1/2/2018 5:57 PM Commented [CL25]: Revised to reconcile this definition with the definition for a "Significant Tree" in the shoreline jurisdiction. Commented [CL26]: No changes proposed to this definition. Commented [CL27]: New definition — Kirkland. Commented [CL28]: In searching the code, I do not find the term `Solid Planting" used; TMC 18.52.020 D defines "Type III -Heavy Perimeter Screening", which is essentially a solid planting, so this definition is not needed. 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-wav and the abutting property. it shall be considered to be on the abutting ro.ert,; r Tar et or Risk far: et: "Tareet or Risk Tareet" means. as used in the context of urban forestry or trees. people. property, or activities that could be iniured. 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&lssessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification. who identifies subiect tree(s) and site conditions. evaluates and classifies the likelihood of failure. estimates the consequences of trees) hitting a Target and determines options for treatment or mitigation. 18.06.845 kraal "Tree" means any self-supporting woody plant :t - a^_:a., c ^_ .F } 29 L...:._L.a -...J .._.a.., u...aL..ti. _I..$ :7.4: .�-f 2 .. L....... 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. Commented [CL29]: This definition from Kirkland. Street tree is also defined in TMC 11.04.040 #83 as "any trees located on any street or public right-of-way'. It is not defined in the new TMC 18.52 ordinance. "1 Commented [CL30]: Modified from Lake Forest Park. 18.06.850 Tree RomewaIGl[r+g Permit: "Tree Rcnnoval Clearing Permit" means a permit issued by the DirectorIauthorizing tree eieg removal activities, or work that may impact the Critical Root lZonel pursuant to the general ,— permit provisions of this Title. CL Page 7 of 8 W:\SharePoint\\Long Range Projects \2016 LandscapinL.Tree Code\Definitions\New-Revised Definitions -edits addressed 1/2/2018 5:57 PM Commented [CL31]: Modified from Lake Forest Park. Commented [CL32]: Current definition with revisions from Lake Forest Park. Commented [CL33]: This phrase added by staff to reflect change in permit title by Advisory Committee and the various circumstances that may trigger a Tree Permit. 14 75 TMC 18.06: Revised or New Definitions Tukwila Tree and Environment Advisory Committee and Planning Commission Revisions Tree RernovalL "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. Topping!. "Topping" means the inappropriate pruning practice c,. _ti s : cfc:: : U:r'ir: 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 Itreel: "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. ]ndfir "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 surroundine tree removal. CL Page 8 of 8 W:\SharePoint\\Long Range Project\2016 Landscaping -Tree Code \ Definitions \New -Revised Definitions -edits addressed 76 15 1/2/2018 5.57 PM Commented [CL34]: New definition from Lake Forest Park. Commented [CL35]: Revised from Portland Commented [CL36]: Lake Forest Park [Commented [CL37]: Lake Forest Park 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-iRaffieial 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'urrpose 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. gegJlatc thcpProtection of existing trees prior to and during Ilevetopment 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. II Commented [CL2]: Advisory Committee revisions to Purposes #1 and 2. Attachment B 16 77 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 kvithinIthe City of Tukwila except for removal of trees governed by Chapter 18.44, Shoreline regulations, i - Chapter 18.45, Sensitive Areas, and Chapter 18.52, Landscaping. 18.54.030 Tree Removal Permit Required (LFP) A. Permit ktepuired. 1.A Tree Leval 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 Refoeval Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown. 33 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 Removalx m n 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 (DBI -1) on a property zoned Low Density Residential and improved with a single-family dwelling. 2. The removal of Dead Trees outside of the shoreline iurisdiction or a sensitive area or its buffer. 3. Routine !maintenance' of trees necessary to maintain the health of cultivated Commented [CL3]: These regulations do not address understory vegetation — just trees. Understory vegetation is regulated in SAO and Shoreline regulations. Commented [CL4]: Committee revision: Name permit "Tree Permit" then have different types: 1. Tree Removal 2.Tree Impact (for work in CRZ) 3. Heritage Tree Removal or Pruning over 20% of existing crown. 4. Exceptional Tree Removal 5.Tree Removal -Utilities Commented [CL5]: Mix of Lake Forest Park and current exemptions in TMC 18.54 Commented [CL6]: From TMC 18.54.050 plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two year beriod( Commented [CL7]: Added by Advisory Committee. Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a high-risk or extreme -risk tree CL Page 2 of 18 1/2/2018 6:0106 PM W \\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 78 17 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Reraaeval Permit application within one week of the emergency action and replace the tree(s) if required by this Chapter. r " = T: -c Pc i. ,, a: "_ cd to t`: _ L` !!t. ] Additional time to apply for a Tree �— Permit may be granted at the discretion of the pirector[ D. Tr -c. ncmcv-1 Arborist Report—Ail Tree -Removal Permits shall require an ISA Certified Arborist freportunless otherwise stated in this Chapter., except for the A:. j: ..,cr!:t'•: rcocrt not roc..... `.J for t!.,. MII......Jromo‘...7.! ...... I..a ...J I ,. `er EXCC tiC 3! er i f' CC` Tr..__. An arborist's report is not reauired for the permitted removal of trees, other than €sselatie al-e.Heritage Trees. on a lot zoned Low Density Residential and improved with a single-family dwelling 18.54.040 PERMIT SUBMITTAL REQUIREMENTS Commented [CL8]: Added at the request of Seattle City Light. Commented [CL9]: Committee approved substitute language — avoids the need to define "major storm even", and also there might be other entities besides utilities that would need to use this provision. Commented [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. A. Permit Application. Prior to any tree removal or 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 1phowing ,� Commented [CL12]: TMC 18.54.0801. a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2 -foot contour intervals; and d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposalshowin: 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 Ifollowin6 CL Page 3 of 18 1/2/2018 6:01:06 PM W:\\Sha re point Files\Long Range Planning\2016-2017 Landscape & Tree Code Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL13]: From TMC 18.54.080 2. Commented [CL14]: Revised from TMC 18.54.080 3. 18 79 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 requiredl. 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 P=c Fcc ^cr..».t n. sats-sn Removal -of Up to Four Trees GP les''. The C _,_i of 1 1 troo ..:+t , 2E. .,+H Nc':=J. cr. : c'_;:cr+.; :_r:a r_lso :c!ty __.�_r. �.� =.T'� .. .._.J :+L. ` ..I.. L_.«:IS .l..._11:.... ..r.:__t a.,.7. ..= L,._ T.-.._ The removal of 1-4 trees within anv 36 -month period on a property zoned Low Density Residential and improved with a single-familv dwelling is permitted. subiect 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: 1C:+ YID , - +I....tl..c t __,_, 1_ �_ _..._. �� :J_..+: L:_J, the _, _o -r- d !omctc. cr t..-._,2rF",.".C'._ :: `_'.l'tyCth:r 2. Number and size of trees to kJ -linty' removed.I 3. The location of anv affected LItii ty' 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 (DBHi # of Trees in 36 Month Tree Permit? Arborist Report? Period that can be Remove 4-8" 4 Tree Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18-24" 1 Yes 'ass4110 >21" 4 Ycs Yes CL Page 4 of 18 I/2/2018 6:01:06 PM W.\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 80 19 Commented [CL15]: New text. Commented [CL16]: Permit application should also suggest that applicant call 811 for a utility locate to ensure no underground utilities will be impacted by tree removal. Commented [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 [C118]: 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 anv. A: C. Permit Materials 'Waiver' The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this Chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this Chapter or related regulations. D. Permit Application'Feel Fee required: A TreerEmova^ -,l 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. Commented [CL19]: From existing TMC 18.54.090 Commented [C120]: Modified from existing TMC 18.54.100 Commented [CL21]: Revised and moved to Permit Approval Criteria section. Commented [CL22]: Replaced with proposed text below. 1 4, All Tree Rcmoval 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. Tree replacement fFunds will be deposited into the City of Tukwila Tree Replacement Fund, as described in TMC 18.54.100, if required. A performance assurance will be submitted as required in TMC 18.54.110. 18.54.060 Tree Retention Standards A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development, or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of CL Page 5 of 18 1/2/2018 6 01:06 PM W \\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL23]: The topic of tree retention is currently found in TMC 18.54.130 1. and is proposed to be replaced with the text below. 20 81 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 Llow with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a target or risk target; or, d. Extreme risk. 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 Density Residential and improved with a single-family dwelling beyond the up to four trees permitted within a 36 -month period tint arc rent ved 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 vegetatior4as a result of the tree removal. stands of trees, where the cost of identification of individual tree species and sizes i5 inordinate relative to the project, the Director may allow the applicant to uec the tree canopy cover approach outlined below to calculate retention and replacement of trees: to the er.i ing canopy cover whichever is less. b. Canopy -cover may eensist of af4y eenabJnation of existing trees and replacement :f:__."..._.. _es27. `-` C:`y'- r -r:f:r r.e `.:: '•:= _. i 7E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damaee 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. FBF. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. 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. i Commented [CL27]: Should be trees not vegetation, as this Chapter does not address vegetation retention. Commented [CL28]: Subsection E. is from existing code, TMC 18.54.140 B. It was deleted by the Committee as eliminating this option will provide site specific tree inventory information when development is proposed. G. The department shall conduct a tree canopv assessment every five vears from the date Commented [CL29]: Added by the Committee to make of the adoption of this Chapter to ensure that the tree canopv goals of the Comprehensive Plan are being met. CL Page 6 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 82 21 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 5tandards1 All treesvegctation not proposed for removal as part of a proiect 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-partvA44 arborist 1414,e-bc 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 :onstruction physical -barriers shall be based on the approximate age of the tree (height and canopy) as �ollows� 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 bcinstalled and shall be inspected by the City, and if deemed necessary, a Qualified Tree Professional, prior to beginning construction or earth Inovin4 /— Commented [CL33]: Modified from TMC 18.54.160 8. I 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 4b0r1s4 �/ Commented [CL34]: The Committee discussed when or if I. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be to allow construction personnel to prune affected tree placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. limbs. Additional measures, such as fertilization or supplemental water shall be carried out prior to the start of construction if deemed necessary by the arborist's report to prepare the trees for the stress of construction activities. Commented [CL30]: Title of section revised from current code Commented [CL31]: Note to reviewers: TMC 18.52.050, landscaping code, refers users of that Chapter to TMC 18.54 to find tree protection guidance. These requirements serve as the tree protection criteria to be followed. Commented [CL32]: From ISA standards CL Page 7 of 18 1/2/2018 6:01 06 PM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 22 83 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions J. No storage of equipment or refuse; parking of vehicles; dumping of materials or chemicals; or placement of permanent heavy structures or items shall occur within the CRZ. K. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 Ifeetjof 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 rcquirc4 to finalize tree protection actions. N. Post -construction inspection of protected trees shall be conducted by the City, and if deemed necessary by theCity, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Certified Arborist. 1834.080 Tree Replacement Standards When tree replacement is required, the site shall be planted with trees to meet the following minimum equirementsk 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 kreoIacedL C. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement(s)project . Replaced trees that do not survive must be replanted in the next appropriate season for planting. D. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Ttree Rreplacement Ffund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some CL Page 8 of 18 1/2/2018 6:01 06 PM W.\\5harepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code \Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 84 23 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 Amount of Mature Tree D._,.._-cr*c`TrcoRcmo,cd(*rr aarcdz' kiss:-. z` 1.5 fc_` fr_m the o _end; t'v_s:.`__-_`.^.=-;:'zc.--_rtTr_c_ :qt:ir_1 4 ` ;r.chcc 3 (.,ingic tr.in,r) 2_'rchcs ;any trunk of Frmu:titr+ trek 3 Over 6 8 inchcs 4 Ovcr 8 20 inchcs 4 Ovcr 20 inches 0 3 Amount of Mature Tree Equivalent Stature Tree Number of Replacement jCanomil Removed Trees Up to 500 sq. ft. Small Canopy Tree 1 501-1000 sq. ft. Medium Canopy Tree 2 >1001 sq. ft. ;_are Canopy Tree 3 i=D Tree replacement shall also meet the standards in TMC 18.54.160. 18.54.090 Tree Re]ocationl 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 Eree� 2. The cost of labor to install a tree; 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. CL Page 9 of 18 1/2/2018 6:01:06 PM W.\\Sharepoint Files\Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL38]: We have increased the number of replacement trees over current tree code to provide an incentive to try to incorporate existing trees into development and also to replace existing tree canopy that will be lost. These are the same replacement ratios as required under the shoreline regulations. Commented [CL39]: Committee direction is to look at other ways to establish the number of trees required for replacement — perhaps tie to the amount of canopy proposed replacement tree would provide. r 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. /I Commented [CL41]: Moved from TMC 18.54.130 5. to here. I Commented [CL42]: Committee also added "installing" but that is covered in 82 below. 24 85 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 18.54.116d. 18.54.110 Performance Assurance To mitigate potential damages that may result from unauthorized tree removal or maintenance the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree M =_ =1 Permit, subject to the following provision: Commented [CL43]: Need to confirm with Public Works. Commented [CL44R43]: Public Works OK with this language. Commented [CL45]: Planning Commission expressed concerns about this section based on questions about liability for damage or injury from a street tree, Commented [CL46]: Revised from TMC 18.54.120 A. Tree Protection Assurance. The applicant may be required to post a three year - performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during Commented [CL47]: Added by the Committee. construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. B. Tree Maintenance i4ssuranc4 Where replacement trees are required, the applicant may be required to post a onetee-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this Chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. The reouirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one- year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. C. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. CL Page 10 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 86 25 Commented [CL48]: During the Advisory Committee's review, thequestion 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 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 gefpfev.&LE Permit, be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Rcmcva4 Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this Chapter. C. Nothing contained in this Chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. [The!applicant shall at all times protect improvements to adjacent a properties — and public rights-of-way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. 18.54.130 Permit Processing and Duration[ A. All Tree is ,max' Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this Chapter shall be processed as a Type 2 decision. CL Page 11 of 18 1/2/2018 6:01:06 PM W.\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL49]: Existing language in TMC 18.54.190, moved to this section. Revisions as noted. Commented [CL50]: Moved from Permit Conformance section 18.54.160 C. Commented [CL51]: Existing text — moved from 18.54.150. 26 87 DRAFT TMC 18.54 TREE REGULATIONS Planning Commission and Tukwila Tree and Environment Advisory Committee Revisions B. If the Tree Re -1 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 lExceptions A. Exception Procedures An applicant seeking an exception from this Chapter shall submit a Tree Exception Permit application in addition to the Tree F-? r :-rr! 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 bCitvi. 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 treevegetat+eF, 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 bpplicantt 18.54.150 Permit Conformance All work must be performed in accordance with approved Permit plans specified in this Chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. CL Page 12 of 18 1/2/2018 6:01 06 PM W.\\Sharepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 88 27 Commented [CL52]: Existing code, TMC 18.54.140, except as noted in strikeout/underline. Commented [CL53]: Added by the Advisory Committee. Commented [CL54]: 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' Commented [CL55]: New section A. Soil Preparation 1 Soils must be prepared for planting by incorporating compost and/or topsoil to a lepthL..— Commented [CL56]: A.1. And 2. Modified from TMC of 12 inches throughout the planting area. 18.52, landscaping regulations. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with BMPs Including but not limited to: a._Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 46 -inch mulch -free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. B. Plant Material Standards' 1. Plant material shall be healthy, vigorous and well -formed, with well-developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on-site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). tL- 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. CL Page 13 of 18 1/2/2018 6:01:06 PM W \\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [C157]: From TMC 18.52.070, landscaping regulations. Commented [CL58]: Text in this section adapted from TMC 18.52.060 (Commented [CL59]: Accidental carry-over from Landscaping Chapter. 28 89 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. VVherel there are overhead utility lines, the tree species selected shall be of a type which, Commented [CL60]: From TMC 18.52.060 B.4 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 lamendedNo more than 25% of the tree canopy shall be pruned in any two-year period except for fruit trees; thatwhieh are bene pruned tc increase hsi A. 2. aIll protected and replacement trees and vegetation shown in approved Tree Removal Clearing Permit materials shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Clearing Removal Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of an ISA Ceertified Arborist t Itik ice rmaec:-.Ilcd b the utility provider under the direction of an ISA Ceertified Arborist I tiliticpoc Siihs4 The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. 18.54.170 Heritage Tree And Heritage jGroves 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. r performed y l' 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. 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 ; rr „ is located. B. Designation Criteria: A tree + r.!: •: 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. orooerty, or sienificant historical event; or 2. Has an exceptional size or exceptional form for its species; or CL Page 14 of 18 1/2/2018 6:01:06 PM W \\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 1854 staff edits accepted w/ PC and - Committee edits shown 90 29 Commented [C165]: New section Commented [CL661: 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. tea.. _a ..[.........I..ra,_ .. L,.__a: _._ n _L_.._ L_ _ _.f .. .Y_ _ _ _ of aL_ following criteria -f 2 -_._._. L..-._ _'._�..__...�c,. :t�..";I .b trop: tet 7 g. _ stLoa:......I _a•....... L:... a 41 ..L : I..__a...J _..... ,. ..... L.....I__ _ I`..... ..-1 _I.... ,. :.J.... ..:r:..., ..a L:..a.- :....I .. 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 qua4414e431-*FboRst- Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this Chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subiect property or an affected adiacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) on site and shall not conflict with other adopted ordinances or conditions placed on the property. b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Trees. CL Page 15 of 18 1/2/2018 6:01:06 PM W \\5harepoint Files \Long Range Planning\2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL67]: The rest of this section is from the City of Vancouver, Washington's heritage tree regulations. 30 91 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 gemo'iol 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 "4'=„ Ya= 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 /iolations A. Failure to comply with any requirement of this Chapter shall be deemed a violation subject to enforcement pursuant to this Chapter and TMC 8.45. CL Page 16 of 18 1/2/2018 6:01:06 PM W. \\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown 92 31 Commented I.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 }�+hr� Commented [CL69]: From landscaping Chapter fails to comply with the provisions of this Chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval is subject to a fine of $1,000 per tree, or up to threetimes the marketable value of each tree removed or damaged as determined by an ISA certified arborist. 23. 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 with the remainder gch z -t the General Fund. -3A. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 4.5. Penalties are in addition to the restoration of removed p'eA 4I -trees through the remedial measures listed in TMC Section 18.54.200. _It shall not be a defense to the prosecution for a failure to obtain a permit required by this Chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. TMC 18.54.200 Remedial Measures In addition to the penalties assessed, the Director shall require any person conducting work in violation of this Chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. A. Any illegal removal of required trees shall be subject to obtaining a Treei•:=• o, Permit and replacement with trees that meet or exceed the functional value of the removed trees. B. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment shall be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on-site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in Table A -B C. The applicant shall satisfy the permit provisions as specified in this Chapter. D. Remedial measures must conform to the purposes and intent of this Chapter. In addition, remedial measures must meet the standards specified in this Chapter, lei J J_ t_ - il: : tL_ C- _ n. �I.., n:. rl,., -_��__r__ ._....._ _._..---....__ it _.,---.._._.._...___ _._.,_,-•_-.•---.._;__. Title. E. Remedial measures must be completed to the satisfaction of the Director within 6 months of the date a Notice and Order is issued pursuant to TMC Chapter 8.45, or within the time period otherwise specified by the Director. CL Page 17 of 18 1/2/2018 6:01 06 PM W:\\Sharepoint Files \Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted w/ PC and - Committee edits shown Commented [CL70]: RCW 64.12.030 allows treble damages, not four. Commented [C1711: 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 [C1.72]: Revisions to TMC 18.45, the sensitive area regulations, will occur in 2018 and remedial measures for sensitive areas will be addressed there. 32 93 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 Semo l 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 :._- ,av Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree. >- _::! Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. Iniunctive 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 p. Pao. al Permit or this Chapter, consistent with TMC 8.45. 2. The Director may require a final inspection as a condition of Tree _-;=;_: - Permit issuance to ensure compliance with this Chapter. The permit process is complete upon final approval by the Director. CL Page 18 of 18 1/2/2018 6:01:06 PM W:\\Sharepoint Files\Long Range Planning \2016-2017 Landscape & Tree Code\Tree Code\Draft TMC 18.54 staff edits accepted' .v/ PC and - Committee edits shown 94 33 Commented [CL73]: Existing text from TMC 18.54that 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 GOAL 4.` 12 Trees are recognized by Tukwila citizens, businesses, City stcafand decision -makers or their benefits to the environment, urban infrastructu POLICIES and their aesthetic' value. 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. Attachment C TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-22 34 95 GOAL 4. Overall City-wide tree can opyrncreased to a total of29% by 2034, Canopy cover in individual zoning categories increased by 2(134 as listed below: Light Industrialzones 3% increase from 20%, to achieve 23% cover Heavy Industrial zones: 1 % increase from 996, to achieve 1©% cover Tukwila Urban Center and Tukwila South: 5% increase from 1396, to achieve Office and Commercial: 3% increase from 2996, to achieve 32% cover Parks: 595 increase from 38%, to achieve 43% cover Public Rights of Way: Increase canopy coverage through street tree planting. Specific canopy goal to be established based on future assessment. No net loss of canopy cover in individual zoning categories, as listed below: Low -Density Residential: Maintain current City-wide canopy coverage of 4796 Medium- and High -Density Residential: Maintain current City-wide coverage of 40' 1896 cove. POLICIES 4.13.1 Promote tree retention throughout the City by: • implementing educational programs for property owners and managers regarding tree selection and care, applicable regulations, selecting a qualified arborist, and other issues; • except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; • promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and • requiring financial assurances for required tree replanting and maintenance. 4.13.2 Improve retention of trees on steep slopes. * NOTE: Some public rights-of-way (such as WSDOT's) are not included in the total City-wide canopy calculation. Rights-of-way adjacent to public streets (i.e., where street trees would be planted) are included in each zoning category. TUKWILA COMPREHENSIVE PLAN - 2015 96 35 PAGE 4-23 [i r tr • 4 1 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 ofTransportation, to promote planting in highway interchanges and other locations. 4.13.9 Collaborate with other government, non-profit organization, school and private sector entities, to promote urban forest management and restoration. 4.13.10 Provide flexibility in the landscape code to promote increased tree planting and/or planting of large canopy trees, and reward the preservation of existing healthy trees to assist in meeting the City's canopy goals. 4.13.11 Evaluate current parking lot landscape requirements to identify opportunities to increase tree canopy. TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-24 36 97 /Lamm/ 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 long-term tree health for street trees, required landscape trees and required replacement trees, including minimum soil volume, soil quality, plant quality, planting techniques, irrigation, mulching, tree pruning, and prohibition of topping. 4.14.8 Develop an approved/recommended tree list for street trees, landscape perimeter plant- ing and parking Lots that recognizes the importance of the concept of "right tree, right place', taking into account available planting space and infrastructure/utility conflicts, and that considers the importance of species diversity, climate conditions, canopy coverage goals, allergy issues, urban wildlife benefits, and tolerance of urban conditions. TUKWILA COMPREHENSIVE PLAN — 2015 PAGE 4-25 98 37 4.14.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. 4.14.10 Perform vegetation management that is needed in utility rights-of-way that are located in sensitive areas or shoreline areas, in a manner that will maintain, restore or improve the shoreline or sensitive area ecological function. Implementation Strategies — Urban Forestry 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 38 99 Incorporate requirements in geotechnical studies to ensure evaluation of the role trees play in slope stability. Develop incentives for increasing retention of trees on steep slopes. Provide ongoing training for City staff from all departments on tree selection, site preparation, proper planting techniques, protection of tree roots during construction activities, proper pruning, and general tree care. Prepare and publish technical specifications manuals for utility companies and City staff to identify techniques to protect tree roots during installation of public and private surface and underground infrastructure. Revise City regulations to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions. Prepare an urban forest inventory for publically-owned trees in the City. Notify property owners about applicable tree regulations via inclusion of fliers in storm water utility bill, direct mailings, and media announcements. ., Improve the frequency of landscape and tree replacement inspections, and increase enforcement. SY 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 4-27 100 39 RELATED 1NF©RMAT1ON Natural Environment Backuround Report Tukwla Sensitive Areas Map Tukwila Shoreline Master Program WRiA 9 Salmon Habitat Enhancement Plan Abandoned Under ;round Coal Mine Hazards Assessment Report Tukwila Urban Tree Canopy Assessment Tukwila Municipal Code, Chapter 18.45 TUKWILA COMPREHENSIVE PLAN - 2015 PAGE 4-28 40 101 102 41 TUKWILA MUNICIPAL CODE CHAPTER 18.54 TREE REGULATIONS Sections: 18.54.010 Title 18.54.020 Purpose 18.54.030 Scope 18.54.050 Permit - Exempt Activities 18.54.060 Permit - Mandatory Standards 18.54.070 Permit Required 18.54.080 18.54, 090 18.54.100 18.54,110 18.54.120 18.54.130 18.54.140 18.54.150 18,54.160 18.54.170 18.54.180 Permit Application Materials Waiver to Permit Materials Permit application fee Applicant Insurance Required Applicant Security Required Permit Approval Criteria Permit Exceptions Permit Processing and Duration Permit Conformance Violations Enforcement 18.54.190 Liability 18.54.200 Conflicts with Existing Codes and Ordinances 18.54.010 Title This Ordinance shall be known as the City of Tukwila "Tree Ordinance," and may be so cited. (Ord. 1758 §1 (part), 1995) 18.54.020 Purpose This purpose of this chapter is to: 1. Mitigate certain environmental consequences of land development, and to maintain and improve the quality of Tukwila's urban environment. 2. Promote building and site planning practices that are responsive to the community's natural environment, without preventing reasonable development of land. 3. Regulate clearing of trees and understory vegetation in the City of Tukwila, in order to: a. Maintain and enhance the aesthetic, ecological and economic benefits provided by vegetation, such as: (1) providing wildlife habitat; (2) reducing runoff and soil erosion; (3) reducing air pollution; (4) masking noise; (5) reducing wind speed and urban "wind tunnels"; (6) energy conservation, cooling of urban centers; (7) increasing real property values; (8) enhancing visual and aesthetic qualities of the urban environment. b. Maintain the viability of existing stands of trees and understory vegetation. c. Promote retention of native vegetation in sensitive areas and their buffers, shoreline areas, and wildlife habitat areas. 4. Provide a means to implement the requirements of the Sensitive Areas Overlay District chapter of this tide, 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 (par:), 1995) Attachment D Page 18-172 Produced by the City of Tukwila, City Clerk's Offic2t2 103 TITLE 18 — ZONING 18.54.070 Permit Required compliance with the requirements of this chapter, the Shoreline No person shall conduct any clearing of vegetation without Overlay District chapter or the Sensitive Areas Overlay District first obtaining a Tree Clearing Permit on a form approved by the chapter of this title, or to protect public or private property. These Director; unless specifically exempted under this chapter. conditions may include, but are not limited to, hours or seasons (Ord. 1758 §.x (part), 19) ) within which work may be conducted, or specific work methods, (Ord. 1758 §1;'p rt), 199.5) 18.54.080 Permit Application Materials 18.54.090 Waiver to Permit Materials The following materials are required to obtain a Tree Clearing The Director may waive the requirement for any or all plans Permit: or permit materials specified in this chapter upon finding that the 1. Site Plan of the proposal, showing: information on the application is sufficient to demonstrate that the a, Diameter, species name, location and canopy of proposed work will meet the approval criteria detailed in this existing significant trees in relation to proposed and existing chapter and other City ordinances. Such waiver of a requirement structures, utility lines, and construction limit line; for permit materials shall not be construed as waiving any other b. Identification of all significant trees to be removed requirements of this or related regulations. and/or relocated; (Ord. 1758 §1 (part), 1995) c. Existing and proposed topography of the site at 2 -foot contour intervals; 18.54.100 Permit Application Fee d. Limits of any sensitive area and sensitive area A, Fee required: A non-refundable permit application fee will buffer, and mean high water mark of the river. be collected at the time of submittal of a Tree Clearing Permit 2. Landscape Plan for the proposal, showing: application. The application fee will provide for the cost of plan a. Diameter, species name, spacing and location of review, administration and management of the permitting process, replacement trees/vegetation to be used to replace vegetation inspections, and processing of exceptions to standards and cleared; appeals pursuant to this chapter. b. Diameter, species name and location of all B. Fee: The City shall collect a fee for processing a Tree significant trees and vegetation to be retained; Clearing Permit per TMC Section 18.88.010, except as otherwise c. Proposed vegetation protection measures; noted in this chapter. d. Any other measures proposed to restore the C. Fee exception: No fee shall be required for vegetation environmental and aesthetic benefits previously provided by on- clearing associated with land -altering activity approved under a site vegetation. Land -Altering Permit. 3. Professional review or recommendation (Ord. 2291, y51, 2010; Ord. 1758 §1 (part), 19 5; Submittal of, or agreement to submit, a review, evaluation, 18.54.110 Applicant Insurance Required recommendation or plan related to vegetation clearing or A. In addition to any permit materials or conditions specified replacement prepared by a professional consultant(s), such as a landscape architect, surveyor, or certified arborist, Services may pursuant to this chapter, if in the opinion of Director the nature of include, but are not limited to: the work is such that it may create a hazard to human life or a. Providing a written evaluation of the anticipated endanger adjoining property, then the Director may require the effects of proposed construction on the viability of trees on-site; applicant to submit a certificate of insurance. and/or B. The certificate must show that the applicant is insured b. Developing plans for, supervising, and/or against claims of damages involving personal injuries and property monitoring implementation of any required tree protection or in an amount prescribed by the Director in accordance with the replacement measures; and/or nature of the risks involved and the following minimum amounts: c. Post -construction site inspection and evaluation. 1 Bodily injury liability: 4. Sensitive area mitigation plan - Identify measures $1 million per occurrence. proposed for mitigation of vegetation clearing in a sensitive area 2. Property damage liability and/or its buffer per the Sensitive Areas Overlay District chapter $1 million per occurrence. of this title. C. All insurance policies obtained in accordance with these 5. Time schedule Proposed time schedule of provisions shall name the City of Tukwila as an "additional insured" vegetation removal, relocation and/or replacement, and other and shall be written by a company licensed to do business in the construction activities which may affect on-site vegetation, State of Washington. sensitive area, sensitive area buffer, and/or shoreline zone.. (Ord. 1758 §1 (part), 1995) 18 6. Additional studies and conditions - The Director .54.120 Applicant Security Required may require supplemental studies or other documentation, or To mitigate damages should they occur as a result of clearing specify conditions for work, at any stage of the application or which is not authorized by a Tree Clearing Permit, the Director project as he/she may deem necessary to ensure the proposal's may require from the applicant a bond, letter of credit, or other 104Progsced by the City of Tukwila, City Clerk's Office Page 18-173 TUKWILA MUNICIPAL CODE means of security acceptable to the City. The following provisions shall apply in instances where such securities are required: 1. The required security shall be submitted prior to the issuance of a Tree Clearing Permit. 2. The security shall be equal to City Staffs best estimate of possible costs directly associated with replacement of cleared vegetation which has not been authorized to be cleared under a Tree Clearing Permit (e.g. the replacement of vegetation approved for retention, or the installation of replacement plantings which the applicant has failed to install as required). In no case shall the security exceed an amount equal to 2.5 times the current cost of replacing the plants per the Tree Replacement requirements of this chapter. 3. The security shall not be fully released without final inspection and approval of completed work by the City, submittal of any post -construction evaluations, or following any prescribed trial maintenance period required in the permit. 4. Securities provided in accordance with this chapter may be redeemed in whole or in part by the City of Tukwila upon determination by the Director that the applicant has failed to fully comply, within the time specified, with approved plans and/or any remedial or enforcement actions mandated in accordance with this chapter. Ord. 1758 §1 jpart). 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 No. of Replacement Trees Required 1 2 4 6 Diameter of Existing Tree Removed 4 - 8 inches 8 -12 inches 12 -18 inches 18 - 24 inches >24 inches I 8 c. Prior to any vegetation removal, the applicant shall demonstrate through a Landscape Plan, Sensitive Area Mitigation Pian or other materials required per the requirements of this chapter that vegetation replacement will meet the following minimum standards: (1) Minimum sizes shall be 2.5 -inch caliper for deciduous trees, 6 to 8 feet in height for evergreen trees, 24 inches in height for shrubs, and 1 gallon for groundcover. (2) Replacement plants shall meet current American Association of Nurserymen standards for nursery stock; (3) Planting and maintenance of required replacement vegetation shall be in accordance with best management practices for landscaping which ensure the vegetation's long-term health and survival. 4. Surrounding Environment - The timing of, and methods to be used in any proposed vegetation removal shall be such that impacts to protected vegetation, wildlife, fisheries and the surrounding environment are minimized. 5. Tree Relocation - Tree relocation shall be carried out according to best management practices, and trees proposed for relocation shall have a reasonable chance of survival. (Ord. 17.581 {,,art), 1995; Page 18-174 Produced by the City of Tukwila, City Clerk's Offic4 105 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 chapfer. 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 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. t r`. 1 758 §1 . rtrt;; 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. 1774 §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 policies, applicant shall obtain permission in writing from the Director prior c. On-site planting of all required replacement trees to modifying approved plans. is not feasible, and the project includes an equivalent contribution B. Tree Protection Measures - All tree and vegetation in funds and/or labor and materials for off-site tree planting as protection measures shown on approved permit drawings shall be jointly agreed by the applicant and Director. installed prior to initiation of any clearing or land -altering activity. d. Smaller -sized replacement plants are more C. Protection of Property - The applicant shall at all times suited to the species, site conditions, and to the purposes of this protect improvements to adjacent private properties and public chapter, and are planted in sufficient quantities to meet the intent rights-of-way or easements from damage during clearing. The of this chapter. applicant shall restore to the standards in effect at the time of the B. Retention and Replacement of Canopy Cover - or issuance of the permit any public or private improvements undeveloped sites or sites with dense stands of trees, where the damaged by the applicant's operations. cost of identification of individual tree species and sizes is D. Maintenance Responsibility - All protected and inordinate relative to the project, the Director may allow the replacement trees and vegetation shown in approved Tree applicant to use the tree canopy cover approach outlined below to Clearing Permit materials shall be maintained in healthy condition calculate retention and replacement of trees: by the property owner throughout the life of the project, unless 1. The site shall have a minimum canopy cover equal otherwise approved by the Director in a subsequent Tree Clearing to 20% of the site area, or equal to the existing canopy cover Permit. whichever is less. (Ord. 1758 §1 (part), 1995? 2. To meet the requirements for site canopy cover, canopy cover may consist of any combination of existing trees and 18.54.170 Violations replacement trees. Canopy cover of each new tree shall be The following actions shall be considered violations of this calculated at 314 square feet. chapter: clearing, planting, relocation, or maintenance of vegetation not authorized under or in accordance with an approved Tree Clearing Permit, where such permit is required, or not in accordance with the provisions of this chapter. Each tree which is cleared, not replaced or not maintained as required by this chapter shall constitute a separate violation. (Ord. 1758 §1(part),1995) 1 06Proo5ced 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 18.54.190 Liability may include conditions or other requirements which must be fulfilled before clearing may resume. A. Liability for any adverse impacts or damages resulting 2. The Director may, after written notice is given to the from work performed in accordance with a Tree Clearing Permit applicant, OR after the site has been posted with a "Stop Work" issued on behalf of the City within the City limits, shall be the sole order, suspend or revoke any Tree Clearing Permit issued by the responsibility of the owner of the site for which the permit was City. issued. 3. No person shall continue clearing in an area covered B. Issuance of a Tree Clearing Permit and/or compliance by a Stop Work order, or during the suspension or revocation of a with permit provisions or conditions shall not relieve an applicant Tree Clearing Permit, except work required to correct an imminent from any responsibility otherwise imposed by law for damage to safety hazard as prescribed by the Director. persons or property in an amount greater than the insured amount B. Injunctive relief- Whenever the Director has reasonable required by this chapter. cause to believe that any person is violating or threatening to C. Nothing contained in this chapter shall be deemed to violate this chapter or any provision of an approved Tree Clearing relieve any property owner within the City limits from the duty to Permit, the Director may institute a civil action in the name of the keep any tree or vegetation upon his property or under his control City for injunctive relief to restrain the violation or threatened in such condition as to prevent it from constituting a hazard or a violation. Such civil action may be instituted either before or after, nuisance, per TMC Chapter 8.28. and in addition to, any other action, proceeding or penalty D. The amount of any security shall not serve as a gauge or authorized by this chapter or TMC Chapter 8.45. limit to the compensation collected from a property owner as a C. Inspection access - result of damages associated with any vegetation clearing. 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), 199.5) 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 (Ord. 1758 §1 (part), 1995) 18.54.200 Conflicts with Existing Codes and Ordinances A. Whenever conflicts exist between this chapter and federal, State or local laws, ordinances or regulations, the more restrictive provisions shall apply. B. Neither this chapter nor any administrative decisions made under it exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit. (Ord, 1758 §1(part), 1995) Page 18-176 Produced by the City of Tukwila, City Clerk's Office6 107 108 47 City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director STAFF REPORT TO THE PLANNING COMMISSION Prepared December 28, 2017 FILE NUMBERS: L17-0077: Revisions to TMC 18.54, Tree Code and revisions to TMC18.06, Definitions E17-0015: SEPA Checklist REQUEST: Public Hearing regarding revisions to TMC 18.06, Definitions to add urban forestry and landscaping terminology to the City's Zoning Code and the revision of TMC 18.54, Tree Regulations and. Based on direction from the Planning Commission staff will revise the regulations, which will then be forwarded to the City Council for review. PUBLIC HEARING: January 11, 2018 LOCATION: City wide STAFF: Carol Lumb, Senior Planner Andrea Cummins, Environmental Specialist ATTACHMENTS: A. Draft TMC 18.06: Revisions to Zoning Code Definitions B. Draft TMC 18.54: Clean Version with Advisory Committee and Planning Commission revisions C. Comprehensive Plan Urban Forestry Goals and Policies D. Current TMC 18.54 INTRODUCTION The current tree regulations were adopted 22 years ago in 1995, with minor revisions to the chapter in recent years. The landscaping regulations were adopted at the same time as the 1995 Comprehensive Plan was adopted. The update of the tree regulations is the final phase of a three-phase process: Phase 1: Establishment of the Tukwila Tree and Environment Advisory Committee: a team of Tukwila residents, business and professional experts, and Planning Commission and City Council representatives were appointed to guide development of Comprehensive Plan goals and policies on the natural environment and urban forestry. The Committee met from September, 2012 to May, 2013 and provided recommendations to the Planning Commission on the goals and policies. Attachment E Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov 48 109 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 110 49 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 Tukwila Urban Center and Tukwila South: 5% increase from 13%to achieve 18% cover Office and Commercial: 3% increase from 29 %to achieve 32% cover Parks: 5% increase from 38% to achieve 43% cover Public Rights -of -Way: increase canopy coverage through street tree planting. Specific canopy goal to be established based on future assessment. 4.13.1 Promote tree retention throughout the City by: a. implementing educational programs for property owners and managers regarding tree selection and care, applicable regulations, selecting a qualified arborist, and other issues; b. except for hazard trees or trees that interfere with underground or overhead utilities, prohibiting removal of any tree four inches or larger in diameter at breast height (dbh) on all undeveloped property without an approved development or other land use permit, to provide the opportunity to preserve healthy trees during development; c. promoting the mutual goals of tree protection and urban development through the implementation of incentive programs and flexible site development regulations, especially to retain tree groves; and d. requiring financial assurances for required tree replanting and maintenance. 4.13.4 Ensure that required replacement trees at maturity will have equivalent or larger canopies than the removed tree(s), except where existing or future infrastructure and/or public or private utilities impede the planting of large trees. 4.13.6 Establish criteria for requiring professional assessment and corrective actions by property owners who damage code -required landscaping, street trees, or other required trees by topping, poor pruning practices, or root disturbance. 4.13.7 Where trees are regulated and required replacement trees cannot be accommodated on a site, establish procedures for off-site planting of replacement trees or payment into a dedicated tree replacement fund. Goal 4.14 Tukwila's streetscapes and landscaped areas are sustainable and attractive, and its urban forest is healthy, diverse, and safe. 4.14.1 Develop tree/urban forest inventories and assess the health of trees and forests in Tukwila's public spaces. 4.17.9 Work with electric utility providers to limit trimming of trees and other vegetation to that which is necessary for the safety and maintenance of transmission lines, where feasible and according to American National Standards Institute (ANSI) professional arboricultural specifications and standards. CL Page 3 of 6 1/2/2018 5:49 PM W:\\Long Range Projects \2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\Staff Rpt. Tree Code 50 111 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. CL Page 4 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\Staff Rpt. Tree Code 112 51 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 TMC 18.54.060. Tree Retention Standards: This subsection is an expansion on the current requirements found in TMC 18.54.1.30 1. The proposed revisions to this section would allow DCD to require reasonable alterations to the arrangement of buildings, parking or other elements of proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. The City currently has the ability to require this for projects within the shoreline jurisdiction. Topping of trees is prohibited and considered removal. Protection of trees is to be a major factor in the location, design, construction and maintenance of streets and utilities — removal or significant damage is to be mitigated. TMC 18.54.070. Tree Protection Standards: This subsection is an expansion on the current tree protection measures found in TMC 18.54.130 2.a. Many of the standards found in this subsection are drawn from International Society of Arboriculture guidance on tree protection. TMC 18.54.080. Tree Replacement Standards: This subsection is an expansion on the current tree protection measures found in TMC 18.54.130 2.b. The method of determining the number of replacement trees has been revised to tie replacement to tree canopy lost rather than on the diameter of the tree at breast height. TMC 18.54.090. Tree Relocation: The language in this subsection is relocated from current code found in TMC 18.54.130 5. TMC 18.54.100. Tree Replacement Fund: A new subsection has been added to codify the City's Tree Replacement Fund, which applicants may pay into if the number of replacement trees required cannot be accommodated on-site. This subsection provides criteria for determining how the cost of a replacement tree is determined, and what the funds may be used for. At the request of single family property owners, the funds may also be used to plant a street tree in the single-family district on properties improved with a single family dwelling. TMC 18.54.110. Performance Assurance: This subsection is an expansion of existing code on financial security required of applicants. The distinction has been made between assurance required to ensure tree protection during construction and financial assurance required to ensure required replacement trees are maintained during the period in which they are becoming established on site. TMC 18.54.120. Liability: The language in this subsection is currently located in TMC 18.54.190 — only minor revisions have been made to recognize the proposed name of the tree permit and to correct referenced to the code enforcement section of the City's municipal code. TMC 18.54.130. Permit Processing and Duration: The language in this subsection is currently located in TMC 18.54.150 — only minor revisions have been made to recognize the proposed name of the tree permit. The duration of the tree permit has also been extended from the current 180 days to one year for date of issuance. TMC 18.54.140. Permit Exceptions: The language in this subsection is currently located in TMC 18.54.140 — only minor revisions have been made to the text. CL Page 5 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Comm ission\Staff Rpt. Tree Code 52 113 Members of the Planning Commission Staff Report L17-0077, Revisions to TMC 18.06 Definitions, and TMC 18.54, Tree Regulations December 28, 2017 TMC 18.54.150. Permit Conformance: The text in this subsection is currently found in TMC 18.54.160 A. The remaining items found in TMC 18.54.160, such as tree protection and maintenance responsibility have been relocated to other subsections of the draft code. TMC 18.54.160. Soil Preparation, Plant Material and Maintenance: This is a new subsection, intended to provide guidance for applicants who must plant replacement trees on how to prepare the site, the selection of plant material and guidance on tree maintenance and pruning. The standards in this subsection are drawn from the recently adopted Landscaping Regulations. TMC 18.54.170. Heritage Trees and Heritage Groves: This is a new subsection, which would permit the designation of a tree or groves of trees that have exceptional national, state or local historical significance to the City. If a nominated tree is on private property, the property owner must consent to the nomination and designation. The subsection also provides guidance on pruning of Heritage Trees. TMC 18.54.180. Approved and Prohibited Trees: This is a new subsection establishing authority for the City develop a list of trees that may be planted and a list of trees that are prohibited from planting for required replacement trees. TMC 18.54.190. Violations: This is a new subsection establishing regulations in the event of violations of the Tree Code. The regulations in this subsection have been adapted from those found in the Landscaping Chapter, TMC 18.52.110. TMC 18.54.200. Remedial Measures: Portions of this subsection have been moved from the existing TMC 18.54.180 Enforcement (items C -F); items A. and B. are new. Among the requirements, the subsection directs that tree canopy lost due to tree removal shall be replaced — either on site or by payment into the Tree Replacement Fund. TMC 18.54.210. Enforcement: The text in this subsection is currently found in TMC 18.54.180 with minor revisions to recognize the change in the name of the tree permit. REQUESTED ACTION Hold the public hearing on the proposed changes, deliberate and make a recommendation to the City Council on revisions to TMC 18.06 and TMC 18.54. CL Page 6 of 6 1/2/2018 5:49 PM W:\\Long Range Projects\2016 Landscaping and Tree Code Update\Draft Tree Regs\Planning Commission\Staff Rpt. Tree Code 114 53 Michael R. Kenyon Rachel R. Turpin „nn Marie J. Soto Kim Adams Pratt David A. Linehan Charlotte A. Archer Alexandra L. Kenyon Eileen M. Keifier filiary E. Graber Kendra R. Comeau TO: Planning Commission Members Carol Lumb, Senior Planner ���d Cc FROM: Ann Marie Soto, Assistant City Attorney t�- DATE: January 2, 2018 RE: Tree Liability Doug F. Mosich OrCounse 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 Attachment F Kenyon Disend. PLLC The Municipal Law Firm 11 Front Street South Issaquah, WA 98027-3820 Tel: (425) 392-7090 Fax: (425) 392-7071 wwwondisendiorr 5 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. -7- 116 55 Caro Lu From: Sent: To: Subject: Attachments: Cam|^ RobinTischmak Thursday, December 28, 2017 4:18 PM [aro{Lumb Tree Regulation Comments Draft Tree Regulations - PW Comments.docx Attached are comments and concerns that PW is requesting for consideration and inclusion in the final regulations. Let me know ifyou have any questions. Robin 21schmak City Engineer 6300 Southcenter Boulevard, Suite 100 Tukwila, WA 98188 206-431-2455 The City of opportunity, the community of choice. Attachment G 56 117 � 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 prvate development is gerieraUy mantained by the prvate 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 rnaintenance of all vegetation in the public rights-of- waybyOtystaffisnotposdb|e.Theexpected}evelofsupportisDenemUyasootUnedintheTK0[ 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 fan issue is Ieft unattended, Rarey, ifever, 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 requestthe 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 Distarice, Emergencies orTopping 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. 118 �7 -. SIGNIFICANT TREE SIZE COMPARISON JURISDICTION SIZE OF SIGNIFICANT TREE (in inches) # TREES PERMITTED TO BE REMOVED (outside of environmentally sensitive areas) PERMIT REQUIRED? (outside environmentally sensitive areas) Bothell 8 10% of significant trees to be retained — applies to all new development. Land Clearing permit during development process. Burien 6 Must keep 30% of trees on SF site at time of development No Des Moines 6 Up to 2,000 sq. ft. may be cleared w/out a permit if area is outside a sensitive area. No, if < 2,000 sq. ft. is being cleared & other exemption criteria are met. Kent 6 Retention of trees is regulated at the platting stage with required tree density required per acre and subsequent retention. No restrictions on number of trees that can be removed on a single family lot that was not developed under the current regulations. No Kirkland 6 2 in 12 month period provided: a. There is no active application to develop the site; b. The trees were not required to be retained as part of a previous development of the site; c. Two trees remain on the site. In some cases, tree replacement is required. Yes, type of permit depends of number of trees removed Lake Forest Park 6 2 in 36 -month period Renton 6 Sliding scale depending on size of lot: • Up to 10,000 sq. ft: 2/12 months -max of 4/60 months; • 10,001-20,000 sq. ft. 3/12 months -max of 6/60 month; • Lots > 20,000 sq. ft.: 6/12 months -max of 12/60 month Yes SeaTac 8 -evergreen 12 -deciduous Tree retention applies only to platting proposals No Seattle 6 3 in 12 -month period Yes Tukwila 4 4 in 36 month period No if 4 trees or less are removed in 36 month period. CL Page l of 1 W:\\Sharepoint\Long Range Planning\2016-2017 Landscaping and Tree Code Update\Draft Tree Regs\PC Review\Chart-Significant Tree Size CO Attachment H 1/2/2018 5:48 PM 58 120 January 9, 2018 Telephone Comments received from Very Meryhew, former Planning Commission member. Mr. Meryhew reviewed the draft definitions and the draft tree regulations and had three comments, all related to the draft definitions: TMC 18.06 1. Dripline: note that the comment in parentheses at the end of the definition should be shown as a comment in the margin. 2. Qualified Tree Professional: suggested revising the first sentence to read (revision is underlined and highlighted in yellow): "an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection." Vern commented that the person is required also to be a member of a professional organization, which will involve showing a certain skill set and probably taking courses in order to obtain the accreditation, and he was worried if the person has to have both academic and field experience, we could be eliminating some individuals from being a Qualified Tree Professional who have the required skills needed. 3. Significant Tree: recommends increasing the size of Significant Tree to 6" in diameter. Attachment! 60 121 122 Carol Lumb From: G Zap <zzzapspeed@hotmail.com> Sent: Wednesday, January 10, 2018 8:17 PM To: Carol Lumb Subject: Re: Public Hearing on Revisions to Tree Regulations Attachments: Tukwila Tree Code Proposal 1-10-18 Zaputil Letter.docx Please find attached our comments to be added to the record for the 1/11/18 Tukwila Planning Commission Meeting. Sincerely, Greg & Vanessa Zaputil From: Carol Lumb <Carol.Lumb@TukwilaWA.gov> Sent: Friday, January 5, 2018 9:56 AM To: Andy Padvorac; bmarie2@earthlink.net; Dana Ramsey; Daryl Tapio; David Bayard; David Mutchler; Eli Brocker; Glen Allen; Greg Allwine, AIA; Heather McLeland-Wiser; Heidi Narte; Hung van Pham; jeff.beckwith@pse.com; John Rucker; Kathy Graff; Kelll Turner (greenrosel0@msn.com); Kerrt Kriner; 'Liliana Cardenas'; meayotte@comcast.net; Nathan Elliott; Paula Williams; pslinder@comcast.net; Rev. Allen Mosley; Roger; Sunny Mulholland; Thelma Gustafson; Vanessa Zaputil; Vicki Lockwood; Wayne Werle Subject: Public Hearing on Revisions to Tree Regulations Dear Interested Party, Materials for the Tukwila Planning Commission's public hearing on proposed revisions to the City's tree regulations and Zoning Code definitions have been posted on the City's web site here: http://records.tukwilawa.gov/WebLink/1/fol/300177/Row1.aspx. The public hearing will begin at 6:30 p.m. in the Tukwila City Council chambers, 6200 Southcenter Blvd., Tukwila, WA 98188. If you want to comment, but cannot attend the hearing, you may send comments to me at the address below by 5:00 p.m., January 11, 2018. Please let me know if you have any questions. Sincerely, Carol Lumb Caro[Cum6, .SIC', Senior ?Canner Department of Community DeveCopment City of 7ukwiCa 6300 Southcenter Blvd., Suite loo 2"uktivila, SVA. 98188 206-431-3661 1 Attachment J 62 123 Greg & Vanessa Zaputil 15171 52"d Ave. S. #5 Tukwila, 98188 (206) 242-9945 01/10/18 City of Tukwila Planning Commission 6300 Southcenter Blvd. Tukwila, WA 98188 After reviewing the 12/14/ 17 Planning Commission Work Session recording, staff did not accurately represent current TMC code with respect to tree removal permit exemptions. TMC 18.54.050 is very clearly written. This is a Major Change to TMC 18.54. Currently, under this chapter, Tukwila only requires permits for tree removal in sensitive areas. Non -sensitive areas are exempt. Under the new proposal all trees in Tukwila will be regulated. Current Code and Tree Removal Permit (highlighted for emphasis): 18.54. 050 Permit - Exempt Activities are exeari per do not regL,ire a Tree Tearing Permit. 1. Clearing of any vegetation UNLESS ttw ite on vouch dealing !at tD occur is located in a sensitive area, sensitive area nutter, oc shoieiifxi zone. 2. 00 Sites villtito st & or sensitive area tx iffer, or sttdrehne zone a. Clearing of up to 4 significant trees 124 63 CITY OF TUKII'ILA Department of Comlrrrrnzlla Development 2)6 471-3570 (206.i 4 x6 5 TREE REMOVAL ANI) LANDSCAPE 1IODIFIC kTION PERMIT INFORNMTION T;1i ,ila's Tree Re>cl.atio sSTt:IC 1S.{4)reerniatotteclrstt'trr of•re - Aridlus."esctnrti tie�e;;ettottz:.lcit:tioutlecset:rily -ants e area. e da11,1 <t ::.curses. and steep sl,,pes. including their' buffer The C:r; Sensitive Leas Re,211.at1 n. <:lsc zz_ulste -2etatio1: removal within sensitive. areas < ld their "buffers Generally. ly. :.i en .L:n=fica_:, (4 inches o, more in diameter) .,_..: are removed from sensitive areas. replacement i._ required. i fer:nlr ,Lou!a be ,,ed for tree removal _n seL1,_t1 a €are, s. il"en it does net involve significant _e.at:o11 clearing. ;hen one 01• two trees ale b.eine reluo'ea. Trees :nu:t moi.. placed -according to the _ eplazel::c.__. _ taos os:ab1. lief. in .he _ ee_lat:ons (and presented Jelov..::. Trees. to be removed ._.u.., be :.1:,ntiti d1 as to specie: and diameter at 4 Leet above e the _ cu11 .(.1La:. 11.1. _:1n_z=t b sub irt_d _:eta [in_ the nu liber J oi.r.l::cement Ivrea 1 ::1:.d 1.17e prop -,:d -: , _,__ an[:,JI.J ?a;-::rlo:rs. R.cm gyral of trees that are d the _ .. :. .:. .i7dJ t7ti dLa not 1:.., tree l .s:e, a !,roar. bn: the t 1 .1. y' criAn.....r must be allie to Cioc-...aihnti that the 4'cc .s hazarcloti; (if t11: «i..an _l is 1;01 ob., :m'i. d r>l... s -.a, . 1a v ..0 1 .. u.rcc: 1..nd if 1...: : cil.._.0 or water course Or buffer. -ezlaritin_ i, t_t ..r ca R pk_ i._:rit n v.-ctlaricis. n:=et nj 1 +l:oir 1311.1 -•:. rttn,t bc spcci" tintive tc 11 . 1 ea >o;l r 14; o n a nl aj j l ..ifi. a:: .o. 5:i `tea. n2 r00 -:ac.:a.ni 17:a t_. 110; tiro. =0:1 I. ace r.c a orrronls.. New Impacts of concern: 1. Single family home property owners will now be required to buy a permit for all trees larger than 8" in both sensitive areas and non -sensitive areas. – Typically trees being removed fall into this size category. 2. All non single family home property owners will have to buy permits and arborist reports for all tree removal greater than 4"– in both sensitive areas and non -sensitive areas. This has a regressive impact on small businesses. Further Concerns/Questions (Under proposal) 1. 18.54.040 (B) (5)— identify contractor – what if property owner wants to remove themselves? (Example removing a 4"tree- rights and liability should be that of the property owner.) 2. 18.54.040 (B) Table A- removal of a tree greater than 8" for a single family home requires a Permit, but does not require an arborist report. However, Tree Removal Permit application itself is burdensome and will most likely require a landscape architect, (Site Plan required, Landscape Plan required, and specifies a professional (arborist) recommendation/ report) –18.54.040 (A) 1,2&3 3. No provision or accommodation based on lot size. Small, zero lot line, single family home property can remove up to 4 trees, and the same for a large 1 acre single family home property- Not equitable. 4. 18.54.160 (C) (1) Tree Maintenance and Pruning "...all pruning must be done in accordance with ...ANSI 300- A specification, as it now reads and as it is hereafter amended..."- Likelihood of compliance for homeowners and small businesses/ small landscapers will be very low. 5. Can a tree removal permit application be denied for a healthy tree that an owner simply wants removed? Not a required landscape plan tree, but for example, a property owner wanting to change personal or business preferences for landscape, or wants a less nuisance tree- pitch over driveways, allergic to pollen, etc. We respectfully request that the above concerns be mitigated and any new regulations be implementec° for new development and all existing developed properties grandfathered, with an educational focus. Greg & Vanessa Zaputil Party of Record 64 125 126 Greg & Vanessa Zaputil 15171 52"d Ave. S. #5 Tukwila, 98188 (206) 242-9945 01/24/18 City of Tukwila Planning Commission 6300 Southcenter Blvd. Tukwila, WA 98188 Upon further review of the audio recordings of the Planning Commission meeting on Dec. 14, 2017, we observed an important piece of information is missing from the tree regulation proposal: estimates for the cost for compliance with the Tree Permit application. This is needed for the Commission to fully understand the greatly increased financial and time impacts for our property owners. As we stated in our previous letter, tree permits are currently not required for any trees in non -sensitive areas (excepting those planted in compliance with a required landscaping plan), so a permit application mandate for all trees, other than single family properties with trees less than 8" diameter is significant. The regressive nature of this proposal clearly impacts the residents and small businesses to a much larger extent, and reduces affordability. To clarify, the Permit application requires, at minimum, services from a landscape architect (for both the site and landscape plans), a surveyor (for topography- elevations), and an arborist. We request the City obtain a cost estimate for a property owner to perform the following: 1. Sample Tukwila Single Family Home Property Permit Application' Cost estimate for 18" tree including: a. Tree removal cost b. Tree removal permit fee c. Per Permit Application- Site Plan of the proposal from a landscape architect and surveyor showing: i. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; ii. Identification of all Significant Trees to be removed and/or relocated; iii. Existing and proposed topography of the site at 2 -foot contour intervals; and iv. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. d. Per Permit Application- Landscape Plan for the proposal from a landscape architect showing: i. Diameter, species name, spacing and location of replacement trees to be planted; ii. Diameter, species name and location of all Significant Trees to be retained; and iii. Vegetation protection measures consistent with the criteria in TMC 18.54.060 e. Per Permit Application2- Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: i. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on-site; ii. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; iii. Post -construction site inspection and evaluation; and 1 Proposed Single Family Tree Removal (18.54.040 B) indicates a permit application is necessary for all trees greater than 8", and only details what is required for a Tree Inventory Survey for trees less than 8". 'Single Family Homes are not exempted from arborist report on proposed application language (18.54.040 A) IVA 127 2. Sample Tukwila Small Business Property Permit Application Cost estimate for 18" tree including: a. Tree removal cost b. Tree removal permit fee c. Per Permit Application- Site Plan of the proposal from a landscape architect and surveyor showing: i. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; ii. Identification of all Significant Trees to be removed and/or relocated; iii. Existing and proposed topography of the site at 2 -foot contour intervals; and iv. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. d. Per Permit Application- Landscape Plan from a landscape architect for the proposal showing: i. Diameter, species name, spacing and location of replacement trees to be planted; ii. Diameter, species name and location of all Significant Trees to be retained; and iii. Vegetation protection measures consistent with the criteria in TMC 18.54.060 e. Per Permit Application- Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: i. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on-site; ii. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; iii. Post -construction site inspection and evaluation; and iv. estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 3. Sample Large Commercial Property Permit Application Cost estimate for 18" tree including: a. Tree removal cost b. Tree removal permit fee c. Per Permit Application- Site Plan of the proposal from a landscape architect and surveyor showing: i. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; ii. Identification of all Significant Trees to be removed and/or relocated; iii. Existing and proposed topography of the site at 2 -foot contour intervals; and iv. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. d. Per Permit Application- Landscape Plan from a landscape architect for the proposal showing: i. Diameter, species name, spacing and location of replacement trees to be planted; ii. Diameter, species name and location of all Significant Trees to be retained; and iii. Vegetation protection measures consistent with the criteria in TMC 18.54.060 e. Per Permit Application- Professional review or recommendation. Assessment prepared by an ISA Certified Arborist addressing the following: i. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on-site; ii. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed; iii. Post -construction site inspection and evaluation; and iv. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. The proposed updates to the tree regulations are suited to new developments of properties, and due to the regressive nature of these updates, we further request all existing developed properties be grandfathered to the existing regulations, with an educational focus. Greg & Vanessa Zaputil Paf' f Record U(loan 1 ftt- Lawn Pl A sStscrmAdr l�. ece.."JoW 20 j z. Zone Class Zone Acres Zone Canopy Acres Zone Canopy Percent Goal Acres Percent Increase Goal Goal Commercial Light Industrial Heavy Industrial 416.7 88.1 21% 91.7 1% 151.1 16.5 11% 18.1 1% 12% Light Industrial 51.6 5.1 10% 5.7 1% 11% Manufacturing Industrial Center/Heavy 1,033.7 95.9 9% 103.4 1% 10% Manufacturing Industrial Center/Light 99.3 19.7 20% 20.9 1% 21% Industrial Total 1,752.4 225.4 13% 239.8 1% 14% High Density Residential 145.7 48.5 33% 145.7 0% Medium Density Residential 84.0 43.1 51% 84.0 0% 33% 51% High - Medium Residential Total 229.7 91.6 40% 91.6 0% 40% Low Density Residential Total 1,639.0 777.0 47% 777.0 0% 47% Mixed Use Office 34.2 14.0 41% 14.4 1% 42% Neighborhood Commercial Center 38.3 5.1 13% 5.4 1% 14% Office 49.7 24.5 49% 24.9 1% 50% Regional Commercial 69.3 6.0 9% 6.9 1% 10% Regional Commercial Mixed Use 66.8 25.0 37% 25.4 1% 38% Residential Commercial Center Office and Commercial Total Tukwila Urban Center Tukwila Valley South 5.7 1.7 30% 1.8 1% 31% 264.0 76.2 29% 78.8 1% 30% 265.8 56.2 21% 63.8 3% 24%4 Urban Center and South Total 1,029.3 138.0 13% 170.7 3% 16% Citywide Total L*Canopy Percent does not match citywide total because this table only shows zoned parcels, not rights-of-way. Parks, wetlands, and storm water detention areas are not included in zoned parcels. 4,914.4 1,308.2 27% 1,357.9 1% 28% Table 7 - Canopy Goals A no -net -loss strategy is recommended for Residential zones. Commercial and Office zones may have an opportunity to increase canopy with additional tree planting in parking lots, along street rights-of-way and with increased perimeter or interior landscape tree requirements for redeveloped parcels. Industrial areas have planting opportunities along the river and in rights -of way, so a 1% increase in tree canopy goal is recommended. A more substantial 3% increase may be achieved in Tukwila Valley South and the Urban Center if planned redevelopment occurs. This goal is contingent on redevelopment and the subsequent establishment and growth of landscape and street trees in newly -developed land that was previously mostly agricultural in the Tukwila, WA Urban Tree Canopy Assessment 129 IV. B . PROPOSED REVISIONS TO DRAFT TREE REGULATIONS COMMENTING PARTY Planning Commission Public Works Vern Meryhew REQUEST Revisions requested at 12/14/17 PC meeting Two requested revisions to TMC 18.54.030 C, Exemptions: 1. Add language to 18.54.030 C.3.and, 2. add a new exemption to 18.54.030 C. 1. Typo correction to 18.06, Dripline PACKET PAGE # Detailed on pages 6-7 17 2. Addition to Qualified Tree Professional definition 3. Significant Tree definition — increase to 6" Vanessa and Greg Zaputil Vanessa and Greg Zaputil Staff Requests Comments/Questions about the draft tree regulations • Staff will respond to each comment after hearing. Request for cost estimates 10 12 13 62-64 Replace references to ISA Certified Arborist with "Qualified Tree Professional TMC 18.54.040 A. 3.: Clarify professional review language to read: 3.Professional review or recommendation. In certain circumstances the director may require professional review or recommendation. This assessment prepared by a Qualified Tree Professional should address the following: 1-24-18 Comments Six references to ISA Certified Arborist throughout draft tree regulations (pages 18, 22, 29, 31 and 32) 18 23 to clarify when replacement trees are required. IV. D. 18.54.080 A.: Each existing Significant Tree removed, above the number allowed in Table A, including.... 18.54.080 B: Add a new sentence at the end: Trees determined to be defective by the City or a Qualified Tree Professional, are not required to be replaced. Pg. 23 City of Tukwila PLANNING COMMISSION PUBLIC HEARING MINUTES Date: January 25, 2018 Time: 6:30 PM Location: Council Chambers Planning Commission Present: Chair, Nhan Nguyen; Vice Chair, Dennis Martinez; Commissioners, Miguel Maestas, Mike Hansen, and Louise Strander Absent: Commissioners Sharon Mann and Heidi Watters Staff: Nora Gierloff, Deputy Director, Carol Lumb, Senior Planner; Andrea Cummins, Urban Environmentalist, and Wynetta Bivens, Planning Commission Secretary Chair, Nguyen called the public hearing to order at 6:35 PM. Commissioner Nguyen thanked Commissioner Maestas for doing a wonderftul job as the 2017 Chair. Adoption Commissioner Slander requested amendments to the minutes to include several of Minutes: questions that she raised at the 12114/17 work session. Staff requested one addition to the minutes. Commissioner Hansen made a motion to adopt the 12/14/17 minutes as amended to include the eight questions listed below that Commissioner Strander asked at the meeting, as well as staffs addition. Commissioner Martinez seconded the motion. All were in favor. The addition to the minutes are as follows: 1) What is the difference between an exemption and an exception? Staff: An exemption is a circumstance when the tree regulations are not applicable. An exception is similar to a variance. If there are some special circumstances that make it difficult or impossible to meet the requirements of the tree code this process is used to allow flexibility. 2) How is the City going to fulfill GMA goals to encourage more single-family and multi -family housing while preserving the tree canopy? Staff: It is a balancing act. The code requires to the extent possible trees be retained on site. For multi -family development, defer to the Landscaping Code, most of the site would probably be cleared, although if possible to retain trees is encouraged. Otherwise, the landscaping code would specify the amount of landscaping required on the front, sides and rear. For individual single-family development there is no requirement for landscaping. For subdivisions, try to preserve the trees that can be incorporated into the development, otherwise there are street tree requirements for subdivisions, and requirement for replacement trees in sensitive areas. Also, try to maintain some protection of the trees on the older homes that currently exist to get to our goals. IV. E. 133 3) The proposed regulation states a person can remove four trees that are four to eight inches in diameter — what if a property only has four trees and they remove them all, how does that keep the tree canopy? Staff: it doesn't. But we decided it wasn't reasonable to say that no trees can be removed from a single-family site. A property owner can remove up to four trees in a three-year period; if more than four trees are removed, then tree replacement would be required. This would replace some of the tree canopy. Some jurisdictions are more restrictive, but we felt that coming from our current regulations going to that extreme, that would be too much. 4) How much is a tree permit, how often does it increase, and what is the enforcement for not getting a tree permit? Staff: currently $116.55; the price increases annually; we try to approach enforcement on an educational basis first; enforcement begins with a courtesy letter requesting compliance and then escalates as needed. 5) Is there a plan if the tree canopy falls below 47%? Staff: Not currently. 6) Is it correct that a residential home owner can prune a tree up to 25% and other trees up to 20%, and no permit is required? Staff: Yes, it's 25% of the canopy other than fruit trees; no permit is required for pruning. 7) Which City Department is responsible for doing the canopy assessment in the parks or the public right-of-way; would the condition of the tree also be assessed? Staff: It is primarily DCD, partnering with the Parks and Recreation Department. The condition of the tree is a separate assessment, regarding defects or health concerns. Green Tukwila Partnership is helping with maintenance with Park properties, currently with Tukwila Park. In the past, City received a grant from the Washington Dept. of Natural Resources for its initial tree canopy assessment: currently King Conservation District is carrying out a canopy assessment for south -end cities. In the future. we hope to develop a Citywide maintenance plan for City -owned trees — we need data from tree inventory to develop the maintenance plan. 8) Is a laurel considered a tree? Staff: The laurels are an invasive species. We would also consider it a hedge/shrub rather than a tree, although it can grow tall, like a tree. A laurel can be removed without penalty or a permit. Staff also had an addition to the draft minutes to note the discussion from the Commission that the City needs to provide canopy coverage assessment for City owned properties, City campus and City parks. Carol Lumb, Senior Planner, Department of Community Develop (DCD), gave the presentation, Items in the packet responding to past requests and public comments: 134 • Request for a chart that identifies other jurisdictions and how they treat trees in terms of how they start regulating (Attachment H) Page 2 of 9 • The City Attorney provided guidance on the questions regarding liability (Attachment F) • Information from the Public Works Department regarding the responsibility for taking care of trees that are in the public right-of-way (Attachment G) • Comments from Vern Meryhew, citizen, (Attachment I) • a comment letter from Greg and Vanessa Zaputil (Attachment J) • Chart of comments received and request for changes in the Tree Regulation Highlights given on the Tree Regulations: • These regulations affect primarily single-family residential homes that are outside of either the shoreline jurisdiction or a wetland, a steep slope, a stream or their buffers. • The City does not currently regulate the removal of trees on single-family property unless they are adjacent to or within a sensitive area. • We are looking at the Tree Regulations because of the Comprehensive Plan tree canopy goals. (listed in attachment C) • The tree canopy for commercial, industrial, and multi -family properties will be addressed through the Landscaping Code. • The amount of canopy for each of the zoning districts in the City, is taken from the City's tree canopy assessment prepared in 2012. The low-density residential districts comprise approximately one third of the zoned area in the City, and the canopy makes up approximately 59%. Because it was so high, the decision was made not to increase tree canopy when working on the Comp Plan goal but to maintain the current 47% tree canopy in the City. • Once the City Council adopts the new Tree Regulations the Department of Community Development will work on handouts for educational purposes. • A Tree permit would be required when doing work in a critical root zone; pruning a heritage tree more than 20% of the existing crown, for the removal of trees over 8" in diameter; if removing more that the number of trees allowed in a 36 -month period; or when trees are illegally removed. • When tree replacement is required, the number of replacement trees is based on the size of the tree canopy. Hazard or defective trees are not required to be replaced, there is some suggested language to add to the regulations for clarification — staff will address later. • Arborist reports are not required for removal of trees on single-family properties, which was a change made by the Planning Commission. It is required for removal of heritage trees, or if development is on a site where heritages trees are in close proximity, and for proposed development, which are primarily for subdivisions or short plats greater than four lots. Commissioner Stander asked the following additional questions at tonight's meeting that she requested be included in the minutes. Question regarding the January 11, 2018, packet, staff report prepared December 28th, attachment E — Goal 4.13, Page 49 of the January 25, 2018 packet. Residential zone is not listed there, is it somewhere else? Staff: The last paragraph was left off on page 35, which should read, "no net loss of canopy cover in individual categories as listed below: Low Density Residential: maintain current Citywide coverage of 47% and Medium and High Density Residential maintain current Citywide coverage of 40%." Page 3 of 9 135 REQUESTED CHANGES/CORRECTIONS Planning Commission, from December 14. 2017 work session: • Page 11 — Nuisance Trees, add, underground utilities • Page 18, 18.54.030D, bring language into consistency, Table A, strikeout the word, 'exceptional' • Page 18, 18.54.040 A., spell out the letters CRZ, `critical root zone' • Page 19, 18.54.040 Table A, delete the language," an arborist report be prepared for the removal of trees 18" or greater in diameter." • Page 21, 18.54.060 D., revised language, "If the number of trees to be removed exceeds the permitted amount in a 36 -month period on a property zoned Low Density Residential and improved a single-family dwelling, those trees shall be replaced based on the replacement requirements set forth TMC 18.54.080 and Table • Page 23, 18.54.080 B., Sentence added, "Trees damaged due to natural disasters such as wind storms, hail, ice, snow storms and earthquakes are not required to be replaced." • Page 25, 18.54.100 D., addressing liability question, liability memo from the City's attorney, page 54 (attachment F). Liability is very site and fact specific. Robin Tischmak, Engineer, Public Works Department addressed questions from the Commissioners regarding trees in the public right-of-way. DCD and PW Departments are working together on language in Title 11, which covers the right-of-way to alleviate the conflicting information. One provision says that abutting property owners shall maintain vegetation in the public right-of-way unless the City has accepted maintenance of the vegetation. [f a property owner plants a tree in the public right-of-way in a landscape strip, it requires approval from Public Works; they issue tree permits and permit plantings in the public right-of-way. We want to make sure that the tree won't present problems in the future (wrong type of tree) or that there aren't plans to expand the street that would require tree removal in the future. If the property owner plants the tree the City could accept ownership. If the property owner has requested and plants the tree, then maintenance would probably be put on the property owner. It's a gray area and specific to the situation. If trees are on private property and causing damage to the sidewalk the City will go to the property owner and expect them to resolve the problem. If a tree is on the property line or in the right-of-way generally the City has taken responsibility in correcting the issues. Commissioner Strander inquired on the permitting process for a tree in the right-of-way — does DCD issue it? Mr. Tischmak said the permit process is a coordinated effort between DCD and Public Works, but Public Works issues the permit. Commissioner Strander asked about trees planted in residential areas. Mr. Tischmak responded that it is a changing situation, but in the past, Public Works has not planted trees in the right-of-way in residential areas. Often, to install the public improvements, like sidewalks, trees must be removed from private property. In that case, then Public Works will work with the property owner to replace these trees. Commissioner Strander cited the example of the City maintaining trees in the right-of- way near her property. It was not clear which department of the City might be maintaining these trees. 136 Page 4 of 9 In response to a question raised by Commissioner Nguyen, staff stated that the violation section of the code was added in the event people cut down trees they are not supposed to. The code allows the City to assess a fine up to $1,000, or 3 times the market value of the tree as penalty for the violation. The Director has the authority to seek or not to seek a financial penalty in addition to the required replacement of the trees. Mr. Tischmak stated it is a different issue if the tree is cut down in the right- of-way, in addition to whatever penalties would be assessed by DCD. There was a discussion about an example of deliberate tree removal in Seattle to improve views and a comparison with Tukwila's proposed regulations. Commissioner Martinez requested that when revisions to the SAO regulations are brought to the Planning Commission, these include more specific violation language. The question was raised regarding past issues with insects damaging trees. Staff responded that the tree code doesn't have any bearing on that type of situation. This was probably the U.S.D.A. or State Department of Agriculture that required the tree removal in order to prevent an infestation of an invasive species — these agencies would have compensated property owners. Tree removal in this instance would be an exemption from the tree code. Question raised, page 33, 18.54.120 B enforcement of a property owner threatening to violate the Chapter and the explanation going to City Council. Staff: If it was a serious situation and time sensitive special emergency, the code allows the director to go to court without going to the City Council beforehand. There would be coordination with the City Attorney, and Council President. Public Works Department recommendations: • Page 17, 18.54.030 C., 3., revised language to include, "routine maintenance within rights-of- way related to interference, site distance emergency or topping as codified in chapter 11.20 of the TMC also be exempt," which will make the two chapters consistent. • Add, a new number five, under Exemptions to read: "The removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right-of-way." Vern Mervhew, citizen, recommendations: • Page 60, remove, 'City of Lake Forest Park' from the definition • Page 12, revise the language to read, an individual who is a certified professional with academic and/or experience that makes them a recognized expert in urban forestry and tree protection. • Increase significant tree size to 6". Commissioner Martinez suggested approving the recommended 6". Staff will change the definition of Significant Tree and in Table A and any references of 4 inches to 6" throughout the draft regulations. There was discussion on the approach of other jurisdictions, particularly SeaTac, which distinguishes between a conifer and deciduous tree in setting the significant tree size. Page 5 of 9 137 Staff went over the comments and questions from Greg and Vanessa Zaputil, citizens, expressed in their comment letters, dated 1/10/18 and 1/24/18, and responded to questions from the Commission. Some of the questions have been addressed through questions asked by the Planning Commissioners and will not be repeated below. Responses are summarized below: • For non -single-family residential properties, the Landscaping code applies, rather than the tree regulations. Typically addressed through the development process. • Property owners are not required to use a contractor — they can take out trees themselves if desired; • The information needed for a tree permit will depend on the complexity and extent of the proposed tree removal — staff works with an applicant to help address which criteria must be addressed and which can be skipped and typically a landscape architect would not be required for tree removal. Commissioner Hansen said do not add a lot of requirements and put too many burdens on the citizens when removing trees. • The proposed regulations are not based on property size — this is for ease of administration and clarity of application for property owners. Other jurisdictions have used this approach, but staff felt it was not the best one for Tukwila. • Education of property owners on proper tree pruning techniques will be important — there are videos on the City's web site on this, staff will prepare other materials. • Healthy trees can be removed — a tree permit would not be denied because a tree is healthy. For the record, a second letter from Greg and Vanessa Zaputil, dated January 24, 2018, was submitted and requests cost estimates for a property owner for items they identify as being required. Some of this is based on a contractor being hired — that person will determine how much it will cost to remove a certain sized tree. Same for an arborist — the fee charged is up to the arborist. Property owner is not being required to hire an arborist (except in the circumstances already identified). For site plans, we work with an applicant to develop the site plan — hiring a landscape architect is not required. Tree replacement is based, on the canopy lost, but City doesn't specify the type of tree to plant other than the canopy. Commissioner Strander asked if a permit is needed to remove a volunteer tree? Staff: A volunteer tree, such as a cottonwood, that grows in your yard will probably be removed before it gets to be 6 -inches in size — but if it is larger, then will count towards the up to four trees that can be removed in a 36 -month period. Does the City follow up to see if a tree was removed? Staff: Typically, no, staff does not go out to see if a tree has been removed, unless the property owner was required to replant after removal or if there was concern about infrastructure around the tree to be removed. Damaged trees from natural events (storms etc.) do not require a tree permit? Staff: These trees are exempt. 138 Page 6 of 9 Staff recommended revisions: • Revise references to ISA Certified Arborist in the code to, "Qualified Tree Professional" • Page 18, 18.54.040, revise #3 to read, Professional review or recommendation. "In certain circumstances, the Director may require professional review or recommendation. This assessment, prepared by Qualified Tree Professional should address the following." • Page 23, 18.54.080 a, revise language of first sentence to read, ` Each existing significant tree removed, above the number allowed in Table A, including the removal of trees in easements and rights-of-way for the purposes for constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12 to 15 feet apart." • Page 23, 18.54.080 B, new sentence added at the end: "Trees determined to be defective by the City or a Qualified Tree Professional are not required to be replaced." Staff requested confirmation that they have permission to make the changes, as discussed by the Commission and move the draft regulations on to the City Council. Commissioner Martinez, said looking at the comparison of other cities and whether permits are required that involve a fee, that he was concerned with public outreach and the impact on the new tree canopy survey and fees required. He said that the City needs to make the public aware that the first three trees removed are free, then a fee -permit is required. He said it comes at significant financial impact to the community. There were no public comments. The public hearing was closed. DELIBERATION Chairman Nguyen asked if the Commissioners have any comments, are they ready to take action on the draft regulations? Commissioner Strander read the following: "The Comprehensive Plan goal 4.13 talks about no net loss of canopy cover in individual zoning categories. So Low Density Residential, they want to maintain a 47% canopy coverage. Medium and High Residential, Citywide coverage of 40%. I think the intent of the regulations set forth in the tree ordinance are meant to accomplish this goal of the tree canopy. However, I believe these regulations may not attain this goal. In order for the City to encourage and allow for more housing to be built, the likelihood of a diminished tree canopy is imminent, especially given scarcity of buildable land in the City of Tukwila. The requirement for a 47% tree canopy in a Low Density Residential zone and 40% tree canopy in medium and high Density Residential zones will be very difficult if not impossible to achieve with housing infill and redevelopment. I feel there is not really a way to keep the aforementioned tree canopy presented goals and build expected number of housing units needed, anticipated, or required. So, for these reasons I will not support this ordinance and will be voting no." Page 7 of 9 139 Commissioner Maestas asked Commissioner Strander if there was a recommendation she would make in order to meet it and support the tree regulations? Commissioner Strander said she thinks it would take some more time but she is not really sure. Staff said that the next few years will allow them to see how we measure up with the tree canopy assessment once they have some more data. When there is more data, this will show if the City is falling short and how best to address this if the City is falling short. Commissioner Nguyen said that he agrees with Commissioner Strander with the need for data, but he does feel comfortable moving forward, with the amendments so far, striking a balance. He said we could keep in mind to revisit this issue in the future. Commissioner Hansen said there are two different issues for him, a new policy and the Growth Management Act Policy, and he does not see the intersection clearly on those. He said they do not have current data, but from a policy stand point he's ok with the policy they worked on. He asked if there was an urgency to get this done before the next data is obtained. at which time they would have something clear to work off. He asked if 2012 was the first year the City had canopy data. He said he accepts the policy but shares the concern about how it ties into the Growth Management Act. Staff said 2012 is the beginning point for canopy assessment data. Commissioner Martinez said one of the ways they could look at it as a Planning Commission is that they have a lot of development that is going to happen in the next several years. He said that the Commission as well as staff are going to have to look at not foregoing or allowing some of the development to get a variance on the canopy growth. It's one way to help protect the future with the development. He is concerned but he said they must start somewhere and they will make sure that future development has the proper amount of canopy coverage as required with no variance. Commissioner Maestas said this is a policy that would support the goal of Comprehensive Plan canopy the goal being achieved. He said there is no guarantee that it will be accomplished but he sees it as something that is going to increase and maintain canopy. Without this policy having much more restrictive elements related to cutting down trees or related to housing and business development, he doesn't see those restrictions being part of this policy. He said he thinks this policy focuses on the City doing everything they can to maintain existing trees. He asked that when they are looking at the data to give some thought as to how the City can promote the addition of trees by offering incentives for homeowners to make an assessment on their property of where they can add trees to their property. He suggested encouraging homeowners to add trees to their property and take a positive role in increasing the overall canopy of the City. He asked if there is something they could add to the policy to increase new trees in the City. Staff said that the draft regulations do allow using the tree replacement fund for single-family property owners to have a free street tree with the concurrence of the Public Works Department. Staff can look at other ways for trees to be planted and encouraged. 140 Page 8 of 9 Commissioner Nguyen suggested asking the Council to set aside some money when they complete the bi-annual budget for the Parks and Recreation Department for an initiative for planting trees. The Planning Commission could direct the chair to do this if they would like. He said it would be another opportunity. MOTIONS: Commissioner Hansen made a motion to approve 18.06 for the Definitions, as revised. Commissioner Maestas seconded the motion. Motion carried. Commissioner Hansen made a motion to approve the changes as revised for TMC 18.54 Tree Regulations. Commissioner Martinez seconded the motion. Motion carried four in favor, Commissioner Strander opposed. DIRECTOR'S REPORT: • Accessory Dwelling Units on the PC agenda, February 15". • Staff reminded the Commission to verify their attendance the day prior to meetings to make sure there is a quorum. ADJOURNED: 8:50 PM Submitted by: VVynetta Bivens Planning Commission Secretary Page 9 of 9 141 TUKWILA TREE AND ENVIRONMENT ADVISORY COMMITTEE RECOMMENDED DEFINITONS AND TREE REGULATIONS CAN BE FOUND UNDER THE NOVEMBER 16, 2017 PLANNING COMMISSION AGENDA PACKET: http://records.tukwilawa.gov/weblink/Browse.aspx?startid=10154&r ow=1&dbid=1 142