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HomeMy WebLinkAboutCOW 2018-03-26 Item 4A - Ordinances - Tree RegulationsCOUNCIL AGENDA SYNOPSIS A'teeti/Dale Prepared Al Aiarorli reeien) Council revien, 03/26/18 CL Al tg il/lotion Date 04/02/18 CL Bid Award A Itg Dale . Other ANDate Lyn .(;()121' Discussion Aug Dale Si'( )N S( )R COfintii I—Mcp'Or DCL) Vinance [ire Els EPcPR TIPaice PR- Court —11R SP( 1\ Soles Revisions to TMC 18.06, Definitions, to update landscaping and urban forestry terminology SLYINI \ RY and revisions to TMC 18.54, Urban Forestry and Tree regulations to implement Comprehensive Plan goals and policies on urban forestry and tree canopy. The Council is being asked to hold a public hearing on the two draft ordinances and then consider and approve the ordinances at its regular meeting on 4-2-18. Iti:vtiAvil) 13Y — C.O.W. Mtg. El CDN Comm -1 Finance Comm. Trans &Infrastructure 7 i\rts Comm. Parks Comm. DATE: 2/13/ & 2/27/18 COMMITTFI: Cl ITEM INFORMATION ITEM No. 3.A. & 4.A. STAFF SPI Nsoit: CAROL LUMB OR1(;INA1,;\(;IADADATK: 3/26/18 AGIADA imm TiTIE Revisions to TMC 18.06, Definitions, and TMC 18.54, Urban Forestry and Tree regulations 03/26/18 Al tg il/lotion Date Resolution .11tgDate Ordinance AN Dale 4/02/18 Bid Award A Itg Dale Public Hearing IN Date 03/26/18 Other ANDate Lyn .(;()121' Discussion Aug Dale Si'( )N S( )R COfintii I—Mcp'Or DCL) Vinance [ire Els EPcPR TIPaice PR- Court —11R SP( 1\ Soles Revisions to TMC 18.06, Definitions, to update landscaping and urban forestry terminology SLYINI \ RY and revisions to TMC 18.54, Urban Forestry and Tree regulations to implement Comprehensive Plan goals and policies on urban forestry and tree canopy. The Council is being asked to hold a public hearing on the two draft ordinances and then consider and approve the ordinances at its regular meeting on 4-2-18. Iti:vtiAvil) 13Y — C.O.W. Mtg. El CDN Comm -1 Finance Comm. Trans &Infrastructure 7 i\rts Comm. Parks Comm. DATE: 2/13/ & 2/27/18 COMMITTFI: Cl E Public Safety Comm. II Planning Comm. LAIR: KRULLER RECOMMENDATIONS: SPoNsoR/ADmiN. ComNIITTIT Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Expi,NDITrizN Ri:QUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/26/18 MTG. DATE ATTACHMENTS 03/26/18 Informational Memorandum dated 03/15/18 Ordinance Revising TMC 18.06, Definitions Ordinance Revising TMC 18.54, Urban Forestry and Trees 2/13 & 2/27/18 Community Development and Neighborhoods Committee mtg minutes Binder (**for those who have already received the binder, please bring to meeting) 4/2/18 2 TO: FROM: BY: CC: DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Tukwila City Council Committee of the Whole Nora Gierloff, Deputy Director, Department of Community Development Carol Lumb, Senior Planner Mayor Ekberg March 15, 2018 Update of TMC 18.06, Definitions and TMC 18.54, Tree Regulations ISSUE Update the tree regulations to implement new urban forestry Comprehensive Plan goals and policies and add Zoning Code definitions that address urban forestry and landscaping terminology. BACKGROUND Updating the tree regulations, adopted over 22 years ago, is the final action needed by the Council, after the update of the Comprehensive Plan in 2013 to add urban forestry goals and policies and the subsequent update of TMC 18.52, the landscaping code, in March, 2017, to implement the portions of the new Comprehensive Plan goals and policies related to urban forestry and tree canopy. To assist with the update of the Comprehensive Plan in 2012, and the landscaping and tree regulations in 2016 and 2017, the Council appointed the Tree and Environment Advisory Committee. The Committee was made up of members of the business, environmental and residential communities in Tukwila. Most recently the Advisory Committee met September through the beginning of November, 2017 to provide guidance on the draft tree regulations and changes to the Zoning Code definitions. The changes recommended by the Advisory Committee can be found here: 1-1.W:0/records. tukwilwagovfV"Vr,bLink/i rowsr„ spx'st raid=10154f&rovv=.`. dihici::-1 (November 16, 2017 Planning Commission packet). The Planning Commission considered the Advisory Committee recommended changes to the tree regulations and Zoning Code definitions at its meetings on November 16 and December 14, 2017 and at the public hearing on January 25, 2018. The Planning Commission recommended changes were then forwarded to the Council Committee on Community Development and Neighborhoods, which considered the draft regulations on February 13 and 27th. The Community Development and Neighborhoods Committee has completed its work and forwarded the draft ordinances to the Committee of the Whole for a public hearing on March 26, 2018. DISCUSSION The proposed revisions to the definitions will add landscaping and urban forestry terminology that is currently lacking or revise existing terms that are outdated. On the proposed tree regulations, one major revision recommended by the Planning Commission is to change the size of a Significant Tree from four -inches to six -inches in CL 3/21/2018 12:31 PM W:IISharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree Code\Council Review\COW Info Memo 3-26-18 Mtg. 3 INFORMATIONAL MEMO March 15, 2018 Page 2 diameter at breast height. Attachment IV B.in the notebook, illustrates the difference between these two sized tree trunks. Some of the other key proposed revisions to the tree regulations are: • Linking the number of trees that can be removed in a 36 -month period on single-family zoned properties improved with a dwelling, to the size of the tree. As currently proposed, four trees 6-8" in diameter can be removed in a 36 -month period. For trees larger than 8 -inches in diameter, the number that can be removed in a 36 -month period without the requirement for replacement, is reduced depending on the size of the trees. • A no -fee tree inventory survey for the removal of 1-4 trees on a single-family property. This will allow the City to track the number of trees removed each year to gauge whether the Comprehensive Plan goal of maintaining 47% tree canopy in single family residential areas is being met. • No tree removal on vacant lots in any zoning district prior to approval of a development proposal. • Removal of more than the number of trees permitted in a 36-monoth period would require a permit (fee required) and replacement of the lost tree canopy either on-site or through payment into the tree fund. • As part of development, such as a short plat or subdivision, or adding onto an existing house where the construction would impact a tree's critical root zone, tree protection is required for trees that are retained. Trees that are removed must be replaced based on the size of the tree canopy provided by the removed tree. • Alterations may be required to the layout of development to preserve trees on-site. • A Heritage Tree program is proposed to recognize trees that are exceptional in size, species, or historical significance to the community etc. The property owner must agree to the designation of a Heritage Tree for a tree on their property. • Similar to the landscaping code — the violations section is expanded, and penalties are proposed. • The tree replacement fund is codified and uses of funds specified. FINANCIAL IMPACT No financial impact. RECOMMENDATION Staff recommends reviewing the proposed regulations at the Committee of the Whole meeting and holding a public hearing on March 26, 2018 and considering the ordinances at the April 2, 2018 Regular Meeting. ATTACHMENTS 1. Minutes from Community Development and Neighborhoods Committee meetings on February 13th, and 27th 2. Draft Ordinance amending TMC 18.06, Definitions. 3. Draft Ordinance amending TMC 18.54, Tree Regulations, reflecting recommended changes by the Community Development and Neighborhoods Committee. 4. Binder, labeled "Tukwila City Council Review, Revisions to TMC 18.06, Definitions, and Revisions to TMC 18.54, Urban Forestry and Tree Regulations. CL 3/21/2018 12:31 PM 4 W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code UpdatelTree CodelCouncil Review\COW Info Memo 3-26-18 Mtg. Community Development & Neighborhoods Minutes February 13, 2018 21 -passenger bus. Committee members expressed the importance of accurate assessments and correct assumptions about fleet. Staff replied that assessments will be done as part of the biennial budgeting process, and another assessment will be performed this summer in preparation for the 2019-200 biennium. UNANIMOUS APPROVAL. c. 2018 Committee Work Plan Committee members reviewed the Community Development & Neighborhoods Committee work plan for 2018, asking clarifying questions of staff. Chair Kruller asked that items on the work plan be broken out by specific quarter wherever possible, such as with the Parks Capital items. Chair Kruller also requested that staff consider having a neighborhood meeting at Cascade View Elementary to discuss the proposal for the Homestead Land Trust project. DISCUSSION ONLY. D. Tree Code Ordinances Staff is seeking Council approval of ordinances to amend Tukwila Municipal Code Chapters 18.06 and 18.54 to implement new urban forestry Comprehensive Plan goals and policies and add definitions that address modern urban forestry and landscaping terminology. This update has been a lengthy and thorough process, beginning with a reconvening of the Tukwila Tree and Environment Advisory Committee, which drafted regulations for Planning Commission review. Community input was also sought and incorporated into the proposed ordinances. The proposals primarily impact single family zones, as commercial zones were addressed by the Landscaping Code update adopted in 2017. Currently there are no restrictions on the number of trees that can be removed from a single-family home unless sensitive areas are present, but since the Comprehensive Plan outlines goals for retaining the City's tree canopy, these new regulations would establish more restrictions. The City would require a permit for removing a tree within a Critical Root Zone, pruning more than 20% of the existing crown of a Heritage Tree, removing a tree over 8" in diameter, or removing more than the number of trees allotted in a 36 -month period. Committee members asked clarifying questions and agreed to continue review and discussion at the next Committee meeting. RETURN TO COMMITTEE. II. MISCELLANEOUS Adjourned 7:37 p.m. ,- Committee Chair Approval Minutes by LH 5 Community Development& Neighborhoods Minutes February 27, 2018 play in 2018 is equal to the past two years' average, the increase would yield approximately $40,000 in revenue. UNANIMOUS APPROVAL. FORWARD TO MARCH 5, 2018 REGULAR CONSENT AGENDA. D. Tree Code Ordinances Staff is seeking Council approval of ordinances to amend Tukwila Municipal Code Chapters 18.06 *and 18.54 to implement new urban forestry Comprehensive Plan goals and policies and add definitions that address modern urban forestry and landscaping terminology. This update has been a lengthy and thorough process, beginning with a reconvening of the Tukwila Tree and Environment Advisory Committee, which drafted regulations for Planning Commission review. Community input was also sought and incorporated into the proposed ordinances. The proposals primarily impact single family zones, as commercial zones were addressed by the Landscaping Code update adopted in 2017. Currently there are no restrictions on the number of trees that can be removed from a single-family home unless sensitive areas are present, but since the Comprehensive Plan outlines goals for retaining the City's tree canopy, these new regulations would establish more restrictions. The City would require a permit for removing a tree within a Critical Root Zone, pruning more than 20% of the existing crown of a Heritage Tree, removing a tree over 8" in diameter, or removing more than the number of trees allotted in a 36 -month period. Since the last Committee discussion, staff identified several additional changes and a new recital as described in the February 21, 2018 memo. Committee members asked clarifying questions and decided it is ready for Committee of the Whole deliberation. UNANIMOUS APPROVAL. FORWARD TO MARCH 26, 2018 COMMITTEE OF THE WHOLE. E. Foster Hi • h School Reader Board The City Council received public comment at the February 5, 2018 Council meeting to consider granting a variance for the Foster High School pole sign, which is non -conforming. In residential zones the height limit for signs is 5 feet and the maximum area is 30 square feet per face, and the Foster High sign is 14.5 feet tall and has a face of 36 square feet. To conform to the sign code, the School District could lower the existing sign or install the reader panel on the side of the building. The Sign Code Advisory Committee included representatives from the City Council, the Planning Commission, and the residential and business community, and disallowing pole signs was a key recommendation for the revised sign code in 2010. The Foster High sign was in a 10 -year grace period but immediate compliance was triggered when the Foster High remodel/expansion went through design review last summer. At that time, the District asked for a sign variance but put the request on hold when informed that DCD would not recommend approval on the grounds it would not meet the variance criteria in TMC 19.28.030. If the City Council were to amend the sign code the changes would need to apply to all signs in residential zones. Chair Kruller mentioned that there is a limited number of churches and schools who would take advantage of such a change. Because this was raised at public comment at a Council meeting, Chair Kruller requested that staff put together a list of policy options to be emailed to the full Council in case there is interest in pursuing anything further. DISCUSSION ONLY. 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADDING AND REVISING DEFINITIONS RELATED TO TREES, AS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06, TO REFLECT BEST PRACTICES; REPEALING DEFINITIONS CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTER 18.06 THAT ARE NO LONGER NEEDED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has adopted Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the City has adopted new landscaping and tree regulations to implement the Comprehensive Plan goals and policies on urban forestry and landscaping; and WHEREAS, the Definitions found in Tukwila Municipal Code (TMC) Chapter 18.06 must be updated to include terminology that reflects best practices in the landscaping and arboriculture industry; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments to TMC Chapter 18.06, "Definitions;" and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60 -day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 3-16-18 CL:bjs Page 1 of 9 7 WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on March 26, 2018, to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: At -Risk Tree "At -Risk Tree" means a tree that is exposed to potential damage but can be retained during construction by use of appropriate tree protection measures as Prescribed by a Qualified Tree Professional or by TMC Chapter 18.54. Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.125, "Caliper," is hereby amended to read as follows: Caliper "Caliper" means the Ari--;eick.: '‘4 1..rs€34--y--F-AmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken gsix inches above the ground for up to and including four -inch caliper size trees, and 12 inches above ground for larger size trees. Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.135, "Canopy Cover," is hereby amended to read as follows: Canopy Cover "Canopy Cover" means the extent of the canopy for an individual tree, or the cumulative areal extent of the canopy of all trees on the a site. When a tree trunk straddles a Property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the proiected 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" 'r' " -rborist or,rtifid tha !nt-e-rr.--ati^n-1 Society of Ark-c-4---!tur^..o.r. Nati-nro! W: Word Processing \Ordinances\Tree regulations -Definitions strike-thru 3-16-18 CL:bjs 8 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 ree "Dead Tree" means a tree with no live crown and no functioning vascular tissue. Section 8. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.220, "Diameter/Diameter-Breast-Height (d.b.h.)," is hereby amended to read as follows: Diameter at Breast -_Height (d.b.h.DBH) "Diameteter- at Breast -_Height (.t,•.DBH)" means the diameter of trunk, existing trees measured at /1.5 four and one-half feet above ground. Section 9. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dripline "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown or six-foot radius from the trunk of the tree, whichever is greater. Section 10. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Exceptional Tree "Exceptional Tree" means a tree that is at least 18 inches in diameter (DBH). For trees with two stems, if the stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. For trees with three or more stems, if the three largest stems have a combined total diameter of at least 18 inches, the tree shall be considered an Exceptional Tree. W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 3-16-18 CL bjs Page 3 of 9 9 Section 11. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Heritage Tree or Heritage Grove "Heritage Tree" means a tree, or group of trees comprising a grove. specifically designated by the City because of historical significance, special character, and/or community benefit. Section 12. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Invasive Plant and Tree List "Invasive Plant and Tree List" means the City of Tukwila's list of plants and trees that are prohibited from being planted in landscaped areas subject to an approved landscape plan, and City properties and rights-of-way. Section 13. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Invasive Tree "Invasive Tree" means a non-native tree species, which is likely to spread and disrupt the balance of an eco -system. Section 14. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Landscape Design Professional "Landscape Design Professional" means a landscape architect licensed by the State of Washington or an individual who has araduated 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, subiect to the standards of this chapter and TMC Chapter 14.30. Section 16. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Mulch "Mulch" means wood chips, bark or other organic material that covers the ground for weed control and water retention purposes. W Word Processing\Ordinances\Tree regulations -Definitions strike-thru 3-16-18 CL:bjs 10 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•4i—required by i44 a Tree Clearing Permit or approved landscaping plan. .c 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 3-16-18 CL:bjs Page 5 of 9 11 12 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 (C.:ottormoad-excluded) ‘,..tlich that is 4 six inches or more in diameter as-4-41-e-as.-:,kFcd feet cb— (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 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. 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 iniu red, damaged, or disrupted by a tree. W: Word Processing \Ordinances \Tree regulations -Definitions strike-thru 3-16-18 CL:bjs Page 6 of 9 Section 27. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Topping "Topping" means the inappropriate pruning practice used to reduce tree height by cutting to a predetermined crown limit without regard to tree health or structural integrity. Topping does not use acceptable pruning practices as described in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture, such as crown reduction, utility pruning, or crown cleaning to remove a safety hazard, dead or diseased material. Section 28. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessment "Tree risk assessment" means the systematic process to identify, analyze and evaluate tree risk prepared by a Qualified Tree Professional in accordance with the latest version of the International Society of Arboriculture (ISA) Best Management Practices Guide. Section 29. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Risk Assessor "Tree Risk Assessor" means a Qualified Tree Professional with a Tree Risk Assessment Qualification, who identifies subject tree(s) and site conditions, evaluates and classifies the likelihood of failure, estimates the consequences of tree(s) hitting a Target, and determines options for treatment or mitigation. Section 30. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as currently codified at TMC Section 18.06.845, "Tree," is hereby amended to read as follows: Tree "Tree" means any self-supporting woody plant whjch a't maturity 11%, a_nr-4--aptH1 bre-,at of 2 ir,ch-eis,- 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 3-16-18 CL:bjs Page 7 of 9 13 14 Section 31. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.850, "Tree Clearing Permit," is hereby amended to read as follows: Tree-, Permit "Tree Permit" means a permit issued by the Director authorizing tree removal activities, or work that may impact the Critical Root Zone, pursuant to the general permit provisions of this title. 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 as determined to be in good health with a low risk of failure: is relatively Windfirm if isolated or ex.osed: 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 "VVindfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined can withstand normal winter storms or surrounding tree removal. Section 35. Repealer. Ordinance No, 1758 §1 (part), as currently codified in TMC Chapter 18.06, "Definitions," at the following sections, is hereby repealed: I D LLQ€cor.±.ai root zona"mean :.JL Lv 18.^5.1-!5 Landccpe Aritcot "Lori cn, e in +h.c, rifaeticn f Il,. -..Jr 4'1_ h on W: Word Processing\Ordinances\Tree regulations -Definitions strike-thru 3-16-18 CL:bjs h. +hn . C+ f ,, A fin rr h„ Frniv 1 R _OF.030 Page 8 of 9 Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in TMC Chapter 18.06, "Definitions," at the following section, is hereby repealed: 4.8,4 fi u inmctnit _.r at a hoight of f ..-ct—.ab� if4iovo 4h. ground r.r a mtri, s marcke-\-- c!:nc 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 3-16-18 CL:bjs Page 9 of 9 15 16 NOTE: Shaded text in various locations reflects changes made after review by the Community Development and Neighborhoods Committee in February 2018. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1770 §32 AND 1758 §1 (PART), AS CODIFIED IN MULTIPLE SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 18.54, "TREE REGULATIONS," TO ESTABLISH NEW REGULATIONS RELATED TO URBAN FORESTRY AND TREES; REPEALING ORDINANCE NO. 2291; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila's current tree regulations were adopted in 1995, with minor amendments since that time; and WHEREAS, the Comprehensive Plan recognizes trees for their benefits to the environment, urban infrastructure and their aesthetic value; and WHEREAS, the Comprehensive Plan directs that the benefits of trees be factored into site design and permit decisions; and WHEREAS, the Comprehensive Plan directs that City regulations be revised to allow assessment of fines or requirement of financial guarantees in the enforcement of corrective actions; and WHEREAS, the Comprehensive Plan directs the development of an "exceptional" or "heritage" tree program to foster tree appreciation in the community; and WHEREAS, Comprehensive Plan goals and policies establish tree canopy goals for all zoning districts; and WHEREAS, the Comprehensive Plan directs that tree retention be promoted throughout the City in part by prohibiting tree removal on undeveloped property without an approved development or other land use permit; and WHEREAS, it is important that required replacement trees at maturity have equivalent or larger canopies than the removed trees, except where existing or future infrastructure and/or public or private utilities impede the planting of large trees; and W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 1 of 28 17 18 WHEREAS, the Comprehensive Plan requires that criteria be established for professional assessment and corrective actions by property owners who damage code - required street trees or other required trees by topping, poor pruning practices or root disturbance; and WHEREAS, where required trees cannot be accommodated on-site, procedures for off- site planting of replacement trees or payment into a dedicated tree fund should be established; and WHEREAS, increasing the amount of tree canopy throughout the City supports the low impact development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit; and WHEREAS, this chapter is intended to apply to the sensitive areas otherwise regulated by Tukwila Municipal CodeChapter18.45 until such time as the sensitive area regulations are amended to explicitly provide for tree protection in sensitive areas Within that chapter; Arid WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations, and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60 -day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on March 26, 2018, to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 2 of 28 Section 1. Chapter Title. Ordinance No. 1758 §1 (part), as codified at Tukwila Municipal Code (TMC) Chapter 18.54, is hereby amended to retitle the chapter as follows: CHAPTER 18.54 URBAN FORESTRY TREE REGULATIONS Sections: I 18.54.010 18.54.020 18.54.030 18.54.040 18.54.050 18.54.060 18.54.070 18.54.080 18.54.090 18.54.100 18.54.110 18.54.120 18.54.130 18.54.140 18.54.150 18.54.160 18.54.170 18.54.180 18.54.190 18.54.200 18.54.210 IQ 5,1 Purpose Scope Tree Permit Required Permit Submittal Requirements , ap- rcct n Mat^ri Permit Approval Criteria, General Tree Retention Standards Tree Protection Standards Tree Replacement Standards Tree Relocation Tree Performance Assurance Liability Permit Processing and Duration Permit Exceptions Permit Conformance Soil Preparation, Plant Material and Maintenance Standards Heritage Trees and Heritage Groves Approved and Prohibited Trees Violations Remedial Measures Enforcement °t Ex.Qrrpt. Aotiv,t c 3 ,4atcr„_S`t nr crd WL-alc Fund 1 Q.F'I.100 Permit applo2tion fee Q F A 1 f (i Ar+ a11,i 54.'120 A,nr l 14 FA On red noes' Section 2. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.010, is hereby amended to read as follows: -8.54.010 Title the, (' { �.r f T- :k !^ "Tree €Uf nc n ” and me,k W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 3 of 28 19 20 18.54.010 Purpose A. The purpose of this chapter is to implement the Urban Forestry Comprehensive Plan goals; to maintain and increase tree canopy throughout the City; and to provide requirements for tree maintenance, tree retention and protection. Trees and their canopy act to improve air Quality, promote the public health, reduce human -related stress increase property values, reduce heat islands, and reduce storm water flows. The tree regulations also support the Low Impact Development goals of the Comprehensive Plan and the City's National Pollution Discharge Elimination System permit. B. In particular, the purpose of this chapter is to: 1. Protect existing trees prior to and during development 2. Establish protections for the long-term maintenance of trees and vegetation; 3. Moderate the effects of wind and temperature; 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 qualityl T 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. rnant-ir. env!rormo. o II+, "f grk_arl nrw;ronm 2. Prom ^ta- ^r/.4 nesmt-vno e-Nni, Are -s, L••• -el v^g-tat!en, 1-1\ .(51 zesr",fie-l;r1 ;f land clav-I-c.= j--pa€4oe 3t .->r„Q___0-n,:s.,tont,',.;ki,-, to Noe 16i • “-••• • •••• ting rcoconab4& A-v"!op..-r-nt is if, r of ol/sArda_ Sthetiln r'''d '-‘nOM,^rleft,' (2) reduorrg '1.1r1,0" onlefoon 7,77 reducing -a4 p^!!. ur"--..r. 4... W Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 4 of 28 vegetation. (5) energy conservctiecc n, (71 ir•Inr \ / 11-7" ' (8) en hancing-v-i Maintain the vial.e.ility o. Promote re, huff-ro, E.tcy3).ir- areas, ^haT-Pter-tle relative 4o -v ifforo. th of trees nt. 'tive oroas and Section 3. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.020, is hereby amended to read as follows: 18.54.020 Scope This chapter sets forth rules and regulations to control clearing of trees G44,40 -9.R-within the City of Tukwila, except for removal of trees governed by „ TMC Chapter 18.44, "Shoreline Overlay -" .‘ f Section 4. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.030, is hereby amended to read as follows: -nderst^py v-g"totior. oho!! be '..mdcrtoken A . tho-p4a,h-€74-ate.Fy ctandard-- P Trit • As 0, thi 18.54.030 Tree Permit Required Ne person shall o^nduot any olcarng of vegetation, with"ht first nhtn-ining Clearing P"rrh!+, en a hy-ti-n-e-Director:, ° 7 ° coinmptc-.4 und.ei 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. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 5 of 28 21 22 B Tree removal on undeveloped lots is prohibited. C. Tree Removal Exemptions. The following activities are exempt from the requirements of this chapter: 1. The removal of trees that are less than 6 inches in Diameter at Breast Height (DBH) on a property zoned Low Density Residential and improved with a single-family dwelling. 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 plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County. and routine maintenance within rights-of-way related to Interference, Sight Distance, Emergencies or Topping, as codified in TMC Chapter 11.20. Routine maintenance includes the removal of up to 20% of the existing tree crown in a two-year period. 4. Emergency actions necessary to remedy an immediate threat to people or property. or public health, safety or welfare by a high-risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity undertaking such an action shall submit a Tree Permit application within one week of the emergency action and replace tree(s) if required by this chapter. Additional time to apply for a Tree Permit may be granted at the discretion of the Director. 5. The removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees, where there is adequate room in the right- of-way. D. calif .. • „„,,, h, 10 g A IgA The fo!lowing activitioo (s --i- r,rvi rn— • " 4."0";"0,-,. IMI CCC +kr> c-;+0 ,A,k;e• 1 r`1, --,,-3r `-'s""" • " - 2. sites within - -nrrIcn- -one: ne,e, 4e r within any 2-e, pe+iot sfic2.nt trees be removed -rQ a-asoci-t-d theor - nr a 64to currep..#. lint waterc..-curse b. r'!caring of any v.g.=t--tion consjitivo or +o"Id2 the shor.4:4e-zone. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs * rsnri tisc`or Page 6 of 28 mom,. .I^f dd ^r r+.n^ min+e _n . Vv,:l Y, ry r i �. r. +hr©1+,,,+n po riff C+r of D n^n+n;n nr� inr rn vre:.o n, or to rcmoy fire cr rho ah hazard I: rs f`• lk14- Construction and rra; rtes, ;nonts. Section 5. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.040, is hereby amended to read as follows: 18.54.040 Permit Submittal Requirements 18.54.080 Pcrrn The fvllvwt.R ,. te- fc h-?. r ..-.. ?? o ter, pec;es ncz;Y?C'', tre.e,s in relc^;,t.on o propcscd--a ' r. esiet, , i t,� r r tine; intervals; a Tree Cle-aring POR -r14# d €2opy xictiii-.^ snyfioant r r r r +.Ir ya"iTnd oonctrl...i tIcn .: Tr vaT "'w af"1n Imr+' Idontif o. -tion of o!l ^l�nxf;c3: +rr .r to ho room. ..., , ,.e vee• ../ sevvv vw a.+s'"w v. ^ Im water mark c T r;vr,. rtl Z. andscal e -Pian far lav propI vi ga. Diameter, ,p-ecies- r-}.eod to rop!000 ..e.e tot on nl^Zrcd; + �. D"' r,.r .n'o-�`.�"""`�.."; :w'�, norno arl !":3.-t^.'.'_n........^f F, rw,Frxiwrd• vw n va�e.T..o ,Ry C ropo nr+ 'egetafion prat otionca rw^ ' n d. rsoler !Ls+hetfv "byositc...v�..'gev+atIon . :si-dation or g-ce-er'*.ent to srhm.+ o revinvv, ov Ir r tbn r000m mvnrfr fri^n .. #, ,r.I t ' to ve`�.�'toficn clo3ring or T.. +,...., ..J��ualu Jra, ,.-. v..r, rre r,...... ,:; a .... �... � 1^ c'r n+^r.r aa r.- r+.f°nrl nrh^r. ,.e. �;r1,..., -rben Pen+/ry\.,. !�'?.'.... !andsoap� ..�Try rteet inns, rrJ hr' W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs ^'- li+^- Page 7 of 28 23 24 -ev f trace on site; andlec S b. Dovel,c.Ting plans for, supervising, and/or monitr..s.rirg implementation of protection or -F. • ;;; c. -Post censtructior4-eite-i-rTepootion and Pvaluatie: of voge-ta44-e-n-sl 2 and/or its buffer per -4 -4,Q -,So. niotri-t chapt-r of this PTO p sensitive area, r.;,-rleiti„r Jr, oito vegetation, turti-s or other documentation, or socify conditions for • 4els-IR,e-rtriey deer- qente -f this chnptPr the- n!StfiGt-C1,--4apteF rste.-F; 6.4 I ,1 r, a. Vs Cr the Sensitive pr C peFty, are not Iirnite,c1,4.-, withjda --si.,:^t44, or ....,pPoifio v:ork, rpreThods, A. Permit Application. Prior to any tree removal. site clearina or work within the Critical Root Zone, a Tree Permit application must be submitted to the Department of Community Development containing the following information: 1. Site Plan of the proposal showing: a. Diameter, species name, location and canopy of existing Significant Trees in relation to proposed and existing structures, utility lines, and construction limit line; and b. Identification of all Significant Trees to be removed and/or relocated; c. Existing and proposed topography of the site at 2 -foot contour intervals; Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction, 2. Landscape Plan for the proposal showing: a Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC Section 18.54.060. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 8 of 28 Professional review or recommendation. • r determines that tree clearing, site clearing or work withintheuCalrifitieicdrwal aRootZones ofnees Directorsslomnaav measureA i . All Tree Permitspsr,or reTgRhreueoeiorrie a Qualified Tree Professionl report unless otherwise stated in this chapter, result in adverse impacts requiring remedial s. Q report is not required for the permitted removal of trees, other than Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling.Third party review of the report or recommendation may be required. The report or recommendation shall address the following: a. The anticipated effects of proposed construction or tree removal on the viability of Significant Trees to remain on-site: b. Recommendations on replacement trees, spacing and maintenance of proposed replacement trees once installed: c. Post -construction site inspection and evaluation; and d. Estimated cost of maintenance of replacement trees for the purposes of calculation of financial assurance, if required. 4. A photo of the tree(s) to be impacted or removed. 5. Time schedule. Proposed time schedule of vegetation removal, relocation and/or replacement. and other construction activities that may affect on-site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone. B. Single-family Tree Removal — Up to Four Trees. Except for Heritage Trees, the removal of 1-4 Significant Trees within any 36 -month period on a property zoned Low Density Residential and improved with a single-family dwelling is permitted, subject to the requirements of Table A below and possible tree replacement. Information to be submitted as part of a Tree Inventory Survey shall include the following: 1. Number of and size of trees to be removed. 2. The location of any affected utility lines within the overhead "fall zone" or other built infrastructure. 3. Photos of the tree(s) to be removed: 4, The method of removal and identification of contractor: and 5. Time schedule of tree removal. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL.bjs Page 9 of 28 25 26 Trees (DBH) 6-8" Table A Single Family Tree Removal Requirements # of Trees in 36 month period that can be removed >8-12" >12-18" >18" Tree Permit? Inventory Survey Yes Yes Yes Qualified Tree Professional Report? No No C. See Table B for the number of replacement trees required. if any. D. ef-te Permit Materials Waiver. The Director may waive the requirement for any or all plans or permit items specified in this chapter section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this chapter or related regulations. E. Permit Application Fee. ‘../;11 • Ill VII ,It-app.11oation ;rig Permitap ke 0. • marm-c•ment of the k+;„, appoata-pu_ ki • 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 SurveV. 8. oe:c4,-01,--,11,,,kt a fe-4,,..,- s,+Q,QQ.n 10, except t 4,1 C. Fee cycepgen: No feo ^hal! be for 134:ev — Pormlt. 1q.51.11.9 4 4, rie,r4 f,!;+ A. In addition t- anypei--;-rnit mate44a4s—cr d n-er34fied pursuant to this chapter, if in the -• -;-;-- of Director the nature of the wrk such that it may cre-t- h-z,;r"' h -m -n life or -ndari-g--er-az n the Droote-+ray-req#.Fr3 the a-p-p-I4ear ^ • - cificat, of inc•-ilranee-, W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 10 of 28 B. The certificat-a-mu • accord-n-c‘.e-‘ 1. BodRy injury liabiflty: $1 rnifflon per the its -f-TI to cl.o tousir.ec.c in the State or coperty in an orr.-,.nt $4 millir•-n pc4-9-ocad.rrence. 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 Criteriaeneral feasibility to meet all of the. o. All Tree Permit applications shall meet the criteria outlined below for approval. 1 Existing trees will be retained on-site to the maximum extent possible as required by TMC Section 18.54.060 and as recommended in the Qualified Tree Professional report, if applicable. 2. Tree protection will be implemented as required in TMC Section 18.54.070. 3. Tree replacement will be implemented as required in TMC Section 18.54.080. 4. Tree replacement funds will be deposited into the City of Tukwila Tree Fund, as described in TMC Section 18.54.100, if required. 5. A performance assurance will be submitted as required in TMC Section 18.54.110. 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 to and conat-ru-ted t- !-.-a!thy trees ac p-E.;:sihle, and to moot th- fo!!-‘,ving !!b giv-r t---r-e-t-ntior. of tr-- -t oto ArPoc•. or --itive Area Bffesand 1 -1, -,!thy rh.,,ur tr W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18,54 strike-thru 3-19-18 CL:bjs Page 11 of 28 27 28 I-4,-----44-uRde-r-F.,•torii vegetation i.,^,f4th.-i.R-the-esser-i...4.-root zone af-protectod trees shallbe: 0-)-4e4a4ned, OR 2) rorh e { roplaccd with vegctat4ch with hortialltur31 f r es# .49€7 C. pFecor,,,,c, to t! -1--P.-. arr' 4l'140 h. ore cf_::,rhpatibi- with 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 W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL.bjs Page 12 of 28 to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off-site tree replacement as required by this chapter. F. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. G. The Department shall conduct a tree canopy assessment every five years from the date of the adoption of this chapter to ensure the tree canopy goals of the Comprehensive Plan are being met. Section 8. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.070, is hereby amended to read as follows: 18.54.070 Tree Protection Standards Th- proposal sh-al! rn '0+, or se -x -Gee -d bost management prac:tiG ; -t t^ the viability of a. ire-rtfied for rete4-74ion r ciiffir+'nt to -l--ntr'01; any b. During 10 + nv; r..fl ern Crt rsrlI Hr r4r'sf prof‘^-i"haarboriculture, f;evrl 0771-1 hall- in-!. 'dr' Buffer and ‘.'Aget-tion 'Mthin the pfn-t-Qctod vcgctatio -=ss-ciated r4 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 require a third -party Qualified Tree Professional to review long-term viability of the tree. 3. Physical barriers, such as 6 -foot chain link fence or plywood or other approved e uivalent, shall be placed around each individual tree or ou nil 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. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 13 of 28 29 30 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE —THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance. Darking. 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 7. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subiect to the Violations section of TMC Chapter 18.54." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6 -inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent Properties are not 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, ghe site shall be planted with trees to meet the following minimum requirements: W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 14 of 28 1. Each existing Ssignificant Ttree removed, including removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree Fund. 2. Tree Replacement Ratios. Table B establishes tree replacement ratios when Significant, Exceptional or Heritage Trees are removed. For properties zoned Low Density Residential and improved with a single-family dwelling, when the number of trees permitted to be removed in a 36 -month period, as shown in Table A, has been exceeded, the replacement ratios set forth in Table B apply. Trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes. are not required to be 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 lona-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 4. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Tree + Fund. The fee shall be based on the value of the replacement trees and their delivery, labor for site preparation and plant installation, soil amendment, mulch, and maintenance costs for three years. In some circumstances, off-site tree replacement may be allowed, subject to additional maintenance fees. Treo .em ved /1 8 inches 8 12 inches 12 18 inches 18 2'l inches --2/1 inches Ne. TABLE B Tree Replacement Requirements Amount of Mature Tree Cano. Removed p to 500 sg. ft 501-1,000 sq. f >1,001 sq.ft Equivalent Stature Tree Small Canopy Tree Large Canopy Tree Number of Replacement Trees 1 5. Tree replacement shall also meet the standards in TMC Section 18.54.160. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 15 of 28 31 32 c, Prior to any vegotatiewre (1) !`„Iir.ime,.. feet in hoght for groundcover. 1 Arco Mitigation. Plan or other trateFia ; n A '.'re-,,esk,n, ,Tvetrate through `A,A,E ilse sho' v"ct 'current American. ondordF for nuar,r; -tee!-c, f3-)- Pbnng ar.d-reraigter.ance of reci-,44-Forel replacoment , f:r"otcos for londcaping vvhit-Th enn,ur th vegeta...* fishores th 148-71:49`. of, arirt rrif,thod- to be to e-etectnd vegetation, wildlife., 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 [3 -best Mmanagement Plaractices, and trees proposed for relocation shall have a reasonable chance of survival. Section 11. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.100, is hereby amended to read as follows: 18.54.100 Tree Fund A. When trees are topped or removed without a permit, or if the number of replacement trees reauired by Table B cannot be accommodated on-site, the Director shall require payment into the Tree Heolaceriont 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, includina 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, Be The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 16 of 28 C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree - funds may be used by a single-family property owner to plant one or more street trees if approved by the Director and by the Public Works Department. The tree species must be approved by the City and be appropriate to the site conditions. The property owner is responsible for the site preparation and maintenance of the street tree, pursuant to TMC Section 18.54.160. Section 12. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.110, is hereby amended to read as follows: 18.54.110 Performance Assurance Tkirstd To mitigate potential damages that may result from unauthorized tree removal or maintenance, shcL:Id toy --s€:- as - of-e4ear-ing-wh-i-Gh is not ,authorize-al-by--a—T--ree C!caring Pc_‘rmit, the Director may require from the applicant to submit a bond, letter of credit, or other means of assurance-se614 acceptable to the City prior to issuance of a Tree Permit, subject to Tthe following provisions: 1 Tree Protection Assurance. The applicant may be required to post a three year performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures durin • the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged. severely stressed or dying shall be replaced according to the standards identified in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. 2 Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a one-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the reauirements of this section have been satisfied and there is evidence that the protected trees will survive. The reauirement 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. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 17 of 28 33 34 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. 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. 4 The- 4:ferl . o ''+ II pi4c-r—t-o the i Sbi nco of a Trete G-leoringg. Permit. quo! to City Staff's hest estimate of peC caste rd. f....aw.�`' ,# .. ..'iitherized —cleared under u Tree - .g. . the repia teat-ef vegetat ;P for rc ent,ein ..:r the ir,o ., ,+°....;: r,.. •,., ir±r+ Il ..ear ked . In no case �a4! the se urity Tliv.,�. .. .,... r¢n �y�1 _I cast) I ni +��..L-x th.a--t—rrantcost of r pl ein + e plants.nor„th chapter. of rata Th k f. ri+u r 1hmi+til of,, dtria.pint ,n.nec j � ';ed required in..the, permit. provided in .accordance with o!ioant has faile'ddre qua! t3....2 G time-, ent Cequ r nts rrr,thie ..... � ... of c � TT .. —titan-, tan e®.®, �nrh eln er gra ra ca rt h" the Cs 41, ,f 11 -.u;I i in r,�.+� ,w•r,,r_ ,r ic„in by the fl�'�.. r•n .ir era ,. v...a..• hes fa°I .. Ie'i+1h 'n t -he time spooi.ie a c- ev an; remedial uCCOrdanL? :lit . rat, rr,l J -.i en'v �,s®vwmne 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 -m` Prod en 5e4 a o-¢" tyi in City limits, shall will be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Clearing Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 18 of 28 C. Nothing contained in this chapter shall be deemed to relieve any property owner "rn't- 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 nuisancesursuant to -per-TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. E. The applicant shall at all times protect improvements to adjacent properties and public rights-of-way or easements from damage durina clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements dama ed b 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. 14 -the - Permit. All Tree --z ...atien meet the r3‹.1'.ir-rn,--srits -e4iG2tion and i-se4ie the—Tree Cl Permits sand-e-xcs‘,ptiono shall be processed as Type 1 decisions. Exceptions to the reauirements of this chapter shall be processed as a Type 2 decision. B. If the Tree Clearing Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. From the date of issuarGe-, Tree permits expire one year after the date the permit is issued shall be %flie..14,e-,r a-perioet "-s4 'O d 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 reauest. and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the City. Approval of the exception is subiect to the excestion 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 W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18,54 strike-thru 3-19-18 CL:bjs Page 19 of 28 35 chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree ,-.tat4, --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 requirereview of an exception request by a third party Qualified Tree Professional csncidor any of the °.. rw ,,,A,; ,a p �n at the expense of the applicant, f erffiod arborist supports -the The size he site. projcot ,nn cMn S ry vr._.. .. r.,-1�r �.. or `I;.7.:Tl C.^J a. � r... Inn+j chapter and other City policies. '::.....�...... M ...®."""' nlanain f II r`.�I.li.,r ri. repbbse-seRt ..tFees is. not ..f . .r .....JJ rr.�L^%s.t...... r. includes Inn+ co in fI Indra ! I rail mo nri7.len for roc -eject 1. %'m ':.6�n...��r+1 L.^I111 ��. Z, r;tri£.:.:,7 flop r...r r., ... �r �`, .®, . w ...� r r r....t...r r... r... o.. site, tree planting as -j4.7 f•r'tly, agreed by, the 2-, n ,oat +ho intent, of this chapte v;,;+h rl r... a + .. . r...;; ...a. chapte.l=--a d -a, planted in r ff zes is inordinate rel" ^t!i e t the. project #h tree sono na,n prya of I ,11 he canopy --r..r w ,r rvu M� trees: ® Th^d cv svhal1 pl 11 P^ v. timer n acover whichever the, site area 1 e Tv moot h r^ II r¢mrr t fpr e nvcr of VpF sever, may consist T- the '� !' •...r ea.: ' r n n� v�7rr vi r - +w.nr9 n\l"""'v'tii�• , v- • may ra..� JJalviJa of,,, nal oomhjr4otio of -xi -tin +-.;.. na^! r„w I n„ „,rt-�,r rat ter. .ws .,..F vnnh tree -hall be c—le. tc`—at 3,11 squat -e -feat_ rr^n 'application fpr—^y exceptionm♦his ah-.pto et -12!! be--ssshrzR.dtt n •avrit nrw -y4h 'op c .rn.er..to the Directr:.r—N^rcl^.. ha j sec.. parry {,h„°e application fpr -a — h application -shallfully state a..11- ..uh sta...nti ating f�'} pts rand evi mace pertinent the oxc ration est and inch Ide--&u_nporting maps or raAalae Hi r... v. �Jv ..rr ivr.• to the v.av .v. i rv�I 111 r� . kap N�...r... request, ui r I. t...`Ia.,a..., r.. I.. .�1' `"h' Director sh_.! ' J :�: ...v,"', v"oz�'�Ntj�. ..,�'......:""" ..!ML til va®ffiai -.t re nor �.5- ham' 36 h exeection are W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 20 of 28 Section 16. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.150, is hereby amended to read as follows: 18.54.150 Permit Conformance -....mar,Ge—A11 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. on ap,,rrn, tree and --4s.al! be nsta!!^d,p f - properties and -j doan .g The eppH.oant ch. -111 r ye:gestation healthy cond-itien-by ren vf-pentS f .vo', or easements from damage during andardo in ffc ct at +....tIcle-t-i-pria of the icouaRe--,e rarvcs-rr, mage -d -by the ap-0: .ati^nQ. ility A!! ' 'nerthrcugho4t - repboemen4 trees end " Ifni (1, 4, .nfibre44Se Section 17. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.160, is hereby amended to read as follows: 18.54.160 Soil Preparation. Plant Material and Maintenance Standards A. Soil Preparation. 1. Soils must be prepared for planting by incorporating compost and/or topsoil to a depth of 12 inches throughout the planting area. 2. An inspection of the planting areas prior to planting may be required to ensure soils are properly prepared. 3. Installation of plants must comply with Best Management Practices including, but not limited to: a. Planting holes that are the same depth as the size of the root ball and two to three times wider than the root ball. b. Root balls of potted and balled and burlapped (B&B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. All burlap and all straps or wire baskets must be removed from B&B plants prior to planting. c. The top of the root flare, where the roots and the trunk begin, should be placed at grade. The root ball shall not extend above the soil surface and the flare shall W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 21 of 28 37 not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 4 -inch mulch - free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around aroundcovers until they become established, mulch shall not be P I a ced 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. Deciduous trees shall have at least a 2 -inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case-by-case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. 38 C. Tree Maintenance and Pruning. 1. Pruning of trees should be (1) for the health of the plant material, (2) to maintain sight distances or sight lines, or (3) if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest o ential. • 2. All protected and replacement trees and vegetation shown in - approved Tree Permit shall be maintained in a healthy condition by the property owner throughout the life of the project, unless otherwise approved by the Director in a subsequent Tree Permit. 3. Trees may only be pruned to lower their height to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18 54 strike-thru 3-19-18 CL.bjs Page 22 of 28 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 pproved 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 Heritagf. 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 Cossible, that the character of the site will not substantially change as a result of development. 3. Site design adjustments may be approved in some cases for the subject property or an affected adjacent parcel, as follows: a. Up to a 20% variance to front, side, and/or rear yard setback standards to retain a Heritage Tree(s) or Grove may be reviewed and granted as part of the underlying land use or construction permit. The adjustment shall be the minimum necessary to accomplish preservation of the Heritage Tree(s) or Grove on site and shall not conflict with other adopted ordinances or conditions placed on the property. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 23 of 28 39 b. Up to a 10% variance to the lot size and/or the lot width requirements in approving any land division if necessary to retain Heritage Tree(s) or Grove. 4. Removal of a Heritage Tree. No person may cut or remove a Heritage Tree •without approval of a Type 2 permit. The Tree Permit may be approved if one or more of the criteria below is met: a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible; or b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the public; or d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no longer of historic or natural significance; or e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists. 5. The limb structure or crown of a Heritage Tree may be pruned in any one- year period without obtaining a Type 2 permit provided that at least 80% of the existing tree crown remains undisturbed. 6. Any person who wishes to prune a Heritage Tree or Grove in excess of 20% of the existing crown shall apply for a Tree Permit and meet the following criteria. a. The protected tree shall be pruned following acceptable arboricultural standards: and b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out by a Qualified Tree Professional; and c. Any other conditions necessary to ensure compliance with the goals and policies of the Comprehensive Plan. Section 19. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.180, is hereby amended to read as follows: 40 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: W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 24 of 28 18.54.190 Violations r: oloaring, planting, e ma t;+ a-pproved Tree Clearing P violation, r -a .^e In not maintained A. Failure to comply with any requirement of this chapter shall be deemed a violation subject to enforcement pursuant to this chapter and TMC Chapter 8.45. B. Penalties. 1. In addition to any other penalties or other enforcement allowed by law, any person who fails to comply with the provisions of this chapter also shall be subject to a civil penalty assessed against the property owner as set forth herein. Each unlawfully removed or damaged tree shall constitute a separate violation. 2. Removal or damage of tree(s) without applying for and obtaining required City approval is subiect to a fine of $1,000 per tree, or up to three times the marketable value of each tree removed or damaaed as determined by a Qualified Tree Professional. whichever is greater. 3. Any fines paid as a result of violations of this chapter shall be allocated as follows: 75% paid into the City's Tree Reolacomert-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 reauired 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 IDropertv owner or any other person. Section 21. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.200, is hereby amended to read as follows: 18.54.200 Remedial Measures I. !hart A. Wh^r,evry C04:414^46- hCs.t.".''Sfi this -r I 3,- .or !^c! • vrj crdiranoes , r_otnntive °hal! B. Neither thio-enaptor pro'ourir.,g other required rmi,_ conditions of ouch a permit. "r mee-wt4or it exempts the W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 25 of 28 41 42 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 reauired 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 t -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 reauired remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. Section 22. Ordinance No. 1758 §1 (part) is hereby amended to establish a new TMC Section 18.54.210 to read as follows: 18.54.210 Enforcement A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter now.LP. hff‘zs-t-4: as amend -hl h-reafthFT 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 tapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Clearing Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, al " or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Clearing Permit issued by the City. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 26 of 28 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Cl ..ring ermit, 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 ; - . e Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property for the p po -ti ^f ne; n -fecto ensure compliance with the provisions of a Tree Claaring Permit or this chapter, consistent with TMC Chapter 8.45.(17n, , .a t,..o to !^epee+. 2.=r,osary h fThe Director may require a final inspection as a condition of a to ensure €Bance with Tree Permit issuance to ensure compliance with this chapter perm +4 - #. on r.r,µ.,. pleb -e!! rb' .ru . Permit, ..the app in nt she!! request fin inspection by ^on+ ^ting. the. ® „d„ �.u, ,m,.ra„y ..,.'.�'.i.e, ..., Gy.:,:;-r.so.,........,...,.,....,.,. a....oi .;i..I''......,:>,: ,.,, :.............. , ... Director. The permit process is complete upon final approval by the Director. Ac. ch M+er thea nir.,r`+r r m 3....re sf-t-hicz chaptc=-4e— y t *. fell ing previsions she!! app ti -n --clearing in violas en 1. The applicant ru.w¢ c � � . r,ocified :in this cha-pte . Qemedi ! m s rot st r)nform t, thea irposes oral- ntent of thin chaptef 2. .....��....,�.a. erse���. ...., mu -t *^.v.r. v:TS. .� .. �w�rJ.. ... ..... .�...�.. ... .�.�.. ..... h' ° € -+ m-Q.c.} + + r.darrl ..r`pe. • d in this v.i.a-p eel=... n4 apple cab.I:,-sttar. n-,ardc fry,. mitis +irin ry,;.1±1 L`rl in the C.Q7n•^°+a ..t 7 Ater addition _rcmedi .remedial measures must be cornNi”.±v. + !_.a€tion of the Director months, ofthe.Wcate .otic`op sent to TMiC—O'ha� +LT Q .45.01 01 or within +ha.+, ,m.�. period e+-hT wise specified -by-the--Director. Y. The cost f a necessary to s chapter "hall be borne by the property I Ipon +h fai!i..i rr� +c m" I ;:: ;rr ,.„nt r r.®sir r+ d'nm(�r'il _rneev+roC the Dire^+e.C... ni." . ..... � . uU , r.. ^m or any n„rtinn f n.r n.'ya ri+1fid<,,,62.1km.i.tat)"%I�6 r' :"'nl:� mer,± ^.�•'c ^.h rc.rn. measures nnlir•7rirn Section 23. Repealer. Ordinance No. 2291 is hereby repealed in its entirety. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-19-18 CL:bjs Page 27 of 28 43 44 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-thru 3-19-18 CL:bjs Page 28 of 28