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HomeMy WebLinkAboutReg 2018-04-02 Item 5A - Ordinances - Tree RegulationsCOUNCIL AGENDA SYNOPSIS Inifia Aleetig Dale Prepared by A layorf re8iew Council review 03/26/18 CL fl Resolution Aug Date 0 04/02/18 CL —1 Other AII:gDale .11 t,e, Dale 03/26/18 S PON S( )It PIC:mini/ Mayor 7/ IR ZOO) l'inan .e 1/re III 7S E r&R 1 Po/tie LIPUY Court SI)0S.S( )IeS Revisions to TMC 18.06, Definitions, to update landscaping and urban forestry terminology SLINTNEARy 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. RI IV II IWI 'II) BY r- c.O.W. Mtg. Trans &Infrastructure DATE: 2/13/ PI CDN Comm — Finance Comm. Public Safety Comm. 7 Parks Comm. 0 Planning Comm. CONINITITEE CI LAIR: KRULLER Arts Comm. & 2/27/18 ITEM INFORMATION ITEM NO, 5.A. STAI,F SF( )N.:S( )iz: CAROL LUM B 010(;l:NAL ,V;KN1).1 DAM: 3/26/18 A( HAI ) 1 MINI TIT1,1I Revisions to TMC 18.06, Definitions, and TMC 18.54, Urban Forestry and Tree regulations CATR;()Ry n/...„ .tii:c Date 03/26/18 fl A Jo/ion ANDate fl Resolution Aug Date Z Ordinance Aug Date 4/02/18 E Bid ilniard Aug I) ale IA Public Hearing —1 Other AII:gDale .11 t,e, Dale 03/26/18 S PON S( )It PIC:mini/ Mayor 7/ IR ZOO) l'inan .e 1/re III 7S E r&R 1 Po/tie LIPUY Court SI)0S.S( )IeS Revisions to TMC 18.06, Definitions, to update landscaping and urban forestry terminology SLINTNEARy 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. RI IV II IWI 'II) BY r- c.O.W. Mtg. Trans &Infrastructure DATE: 2/13/ PI CDN Comm — Finance Comm. Public Safety Comm. 7 Parks Comm. 0 Planning Comm. CONINITITEE CI LAIR: KRULLER Arts Comm. & 2/27/18 RECOMMENDATIONS: SPoNsoR/ADNIIN. CoNINHTTFm: Department of Community Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE r',XIIIINI)ITLIZE REQUIRIII) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/26/18 Forward to Regular Meeting 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 Ordinances with changes from 3/26 C.O.W. with updated Info Memo t -2..c 66 TO: FROM: BY: CC: DATE: SUBJECT: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Members of the Tukwila City Council Nora Gierloff, Deputy Director, Department of Community Development Carol Lumb, Senior Planner Mayor Ekberg March 28, 2018 l pdate of TMC 18.06. Definitions and TMC 18.54. Tree Regulations ISSUE Adopt updated 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 The City Council held a public hearing March 26, 2018 on the Tukwila Tree and Environment Advisory Committee and Planning Commission recommended tree regulations and revisions to the definitions found in TMC 18.06 related to urban forestry and landscaping. No members of the public testified at the hearing, however, an email was received from Greg and Vanessa Zaputil attaching comments they submitted to the Planning Commission on January 10th and January 24, 2018, during the Commission's review of the draft regulations. These comments can be found in the Council's notebook, under Tab IV, as follows: • January 10, 2018 email and comments: Tab IV, page 62 • January 24, 2018 email and comments: Tab IV, labeled IV. A. (handed out at 1/25/18 Planning Commission public hearing on draft ordinances. • Staff summary responding to the comments are found in the draft Planning Commission minutes for the January 25, 2018 meeting, found at tab IV, labeled IV. E., page 6 of 9. DISCUSSION The Council did not make any changes to the draft ordinance amending TMC 18.06, Definitions. For the draft ordinance amending TMC 18.54, Urban Forestry and Tree Regulations, the Council directed that Section 5 of the ordinance, TMC 18.54.040 be revised to move "B. Single-family Tree Removal - Up to Four Trees." to the beginning of the section; "A. Permit Application." would then become "B. Permit Application." The section would be organized as follows: 18.54.040 Permit Submittal Requirements A. Single-family Tree Removal — Up to Four Trees. B. Permit Application. C. See Table B for the number of replacement trees required, if any. D. Permit Materials Waiver. E. Permit Application Fee. CL 3/28/2018 11:36 AM W.11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review14-2-18 Info Memo 67 INFORMATIONAL MEMO March 28, 2018 Page 2 Staff is proposing a technical amendment to the draft ordinance amending TMC 18.54 to address the Washington State Forest Practices Act, which governs properties growing timber for commercial harvesting purposes. The amendment proposes a new exemption from the proposed tree regulations as follows: TMC 18.54.030 C. Tree Removal Exemptions: New exemption: 6. Removal of trees as allowed with a Class I-IV forest practices permit issued by the Washington State Department of Natural Resources. Should there be any site in Tukwila regulated under the Forest Practices Act that applies to harvest timber, the timber removal would be regulated by the Washington State Department of Natural Resources, which has its own permit and review process for timber harvesting. FINANCIAL IMPACT No financial impact. RECOMMENDATION Review the Council -revised regulations from the Committee of the Whole meeting on March 26, 2018 and adopt the revisions to TMC 18.06 and TMC 18.54. ATTACHMENTS 1. Draft Ordinance amending TMC 18.06, Definitions. 2. Revised Draft Ordinance amending TMC 18.54, Tree Regulations, reflecting recommended changes by the Community Development and Neighborhoods Committee. **Please bring your notebook labeled "Tukwila City Council Review, Revisions to TMC 18.06, Definitions, and Revisions to TMC 18.54, Urban Forestry and Tree Regulations to the April 2, 2018 Council meeting. CL 3/28/2018 11:36 AM 68 W:11Sharepoint\Long Range Planning12016-2017 Landscape & Tree Code Update\Tree CodelCouncil Review14-2-18 Info Memo 3-26-18 City of Tukwila Washington Ordinance No. 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 3-28-18 CL:bjs Page 1 of 9 69 70 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 AmericanHort accepted standard for measurement of trunk size of nursery stock. Caliper of the trunk for new trees shall be taken six inches above the ground for up to and including four -inch caliper size 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 a site. When a tree trunk straddles a property line, 50% of the canopy shall be counted towards each property. The canopy coverage of immature trees and newly planted trees is determined using the projected canopy areas in the City of Tukwila's Recommended Tree List. Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.140, "Certified Arborist," is hereby amended to read as follows: Certified Arborist See "Qualified Tree Professional". W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 2 of 9 Section 5. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Critical Root Zone "Critical Root Zone (CRZ)" means the area surrounding a tree at a distance from the trunk that is equal to one foot for every inch of trunk diameter measured at four and one-half feet from grade (DBH) or otherwise determined by a Qualified Tree Professional. Example: A 24 -inch diameter tree would have a CRZ of 24 feet. The total protection zone, including trunk, would be 48 feet in diameter. Section 6. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Crown "Crown" means the area of a tree containing leaf- or needle -bearing branches. Section 7. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Dead Tree "Dead Tree" 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 (DBH) "Diameter at Breast Height (DBH)" means the diameter of existing trees measured four and one-half feet above the 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 3-28-18 CL:bjs Page 3 of 9 71 72 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 graduated from an accredited landscape design program. Section 15. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.490, "Landscaping or Landscaped Areas," is hereby amended to read as follows: Landscaping or Landscaped Areas "Landscaping or landscaped areas" means natural vegetation such as trees, shrubs, groundcover, and other landscape materials arranged in a manner to produce an aesthetic effect appropriate for the use to which the land is put. In addition, landscaping or landscaped areas may serve as bioswales to reduce storm water runoff, subject to the standards of this chapter and TMC 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 3-28-18 CL:bjs Page 4 of 9 Section 17. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Nuisance Tree "Nuisance Tree" means a tree that is causing obvious physical damage to structures including, but not limited to, sidewalks; curbs; the surfaces of streets, parking lots, and driveways; underground utilities; or building foundations. Nuisance Tree does not include trees that currently meet the definition of Hazardous or Defective Tree. Section 18. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TMC Section 18.06.650, "Protection Measure," is hereby amended to read as follows: Protection Measure "Protection measure" means the practice or combination of practices (e.g. construction barriers, protective fencing, tree wells, etc.) used to control construction or development activity, where such activity may impact vegetation which is approved for retention in a Tree 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 required by a Tree Permit or approved landscaping plan. Section 20. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Pruning "Pruning" means the cutting or limbing of tree or shrub branches as specified in the American National Standards Institute (ANSI) A300 Pruning standards, and the companion "Best Management Practices — Tree Pruning" published by the International Society of Arboriculture. Pruning does not include the removal of any portion of the top of the tree, sometimes referred to as "topping". Section 21. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Qualified Tree Professional "Qualified Tree Professional" means an individual who is a certified professional with academic and/or field experience that makes them a recognized expert in urban forestry and tree protection. A Qualified Tree Professional shall be a member of the International Society of Arboriculture (ISA) and/or the Association of Consulting Arborists, and shall have specific experience with urban tree management in the state of Washington. A Qualified Tree Professional preparing tree valuations shall have the W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 5 of 9 73 74 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 "Significant Tree" means a single -trunked tree that is six inches or more in diameter (DBH), or a multi -trunked tree with a diameter of two inches or more on any trunk (such as willows or vine maple). Section 24. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Site Disturbance "Site disturbance" means any development, construction, or related operation that could alter the subject property, including, but not limited to, soil compaction including foot traffic; tree or stump removal; road, driveway or building construction; installation of utilities; or grading. Section 25. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Street Tree "Street Tree" means a tree located within the public right-of-way, or easement for street use granted to the City, provided that, if the trunk of the tree straddles the boundary line of the public right-of-way and the abutting property, it shall be considered to be on the abutting property. Section 26. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Target or Risk Target "Target or Risk Target" means, as used in the context of urban forestry or trees, people, property, or activities that could be injured, damaged, or disrupted by a tree. W: Word Processing \Ordinances\Tree regulations -Definitions 3-28-18 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 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. 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. W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 7 of 9 75 76 Section 32. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Tree Removal "Tree Removal" means the direct or indirect removal of a tree through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, poisoning or filling; excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Section 33. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Viable Tree "Viable Tree" means a Significant Tree that a Qualified Tree Professional has determined to be in good health with a low risk of failure; is relatively Windfirm if isolated or exposed; and is a species that is suitable for its location and is therefore worthy of long-term retention. Section 34. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Windfirm "Windfirm" means a tree that is healthy and well -rooted and that a Qualified Tree Professional has evaluated and determined can withstand normal winter storms 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: Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in TMC Chapter 18.06, "Definitions," at the following section, is hereby repealed: 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. W: Word Processing \Ordinancesgree regulations -Definitions 3-28-18 CL:bjs Page 8 of 9 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 3-28-18 CL:bjs Page 9 of 9 77 78 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 3-28-18 CL:bjs Page 1 of 21 79 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 Code Chapter 18.45 until such time as the sensitive area regulations are amended to explicitly provide for tree protection in sensitive areas within that chapter; and WHEREAS, the Tukwila Tree and Environment Advisory Committee, composed of citizens, business representatives, environmental professionals and City officials, met in September, October and November 2017 to review and provide guidance on tree regulations, and revisions to Zoning Code definitions, which were forwarded to the Tukwila Planning Commission for review; and WHEREAS, on December 26, 2017, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, on January 5, 2018, a 60 -day notice of intent to adopt the proposed revised development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for a review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, on January 25, 2018, the Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, the Tukwila City Council, following adequate public notice, held a public hearing on 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 3-28-18 CL:bjs 80 Page 2 of 21 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 AND TREE REGULATIONS Sections: 18.54.010 Purpose 18.54.020 Scope 18.54.030 Tree Permit Required 18.54.040 Permit Submittal Requirements 18.54.050 Permit Approval Criteria, General 18.54.060 Tree Retention Standards 18.54.070 Tree Protection Standards 18.54.080 Tree Replacement Standards 18.54.090 Tree Relocation 18.54.100 Tree Fund 18.54.110 Performance Assurance 18.54.120 Liability 18.54.130 Permit Processing and Duration 18.54.140 Permit Exceptions 18.54.150 Permit Conformance 18.54.160 Soil Preparation, Plant Material and Maintenance Standards 18.54.170 Heritage Trees and Heritage Groves 18.54.180 Approved and Prohibited Trees 18.54.190 Violations 18.54.200 Remedial Measures 18.54.210 Enforcement Section 2. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.010, is hereby amended to read as follows: 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; W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 3 of 21 81 4. Minimize the need for additional storm drainage facilities; 5. Stabilize and enrich the soil and minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies; 6. Protect fish, wildlife and their habitats by promoting tree retention and improving water quality; 7. Ensure tree replacement after removal to provide erosion control and to achieve canopy coverage goals; 8. Recognize the importance of Heritage and Exceptional Trees to the history of the community; and 9. Establish procedures for penalties and violations of the tree code. 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 within the City of Tukwila, except for removal of trees governed by TMC Chapter 18.44, "Shoreline Overlay." Section 4. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.030, is hereby amended to read as follows: 18.54.030 Tree Permit Required A. Permit Required. 1. A Tree Permit is required prior to work within the Critical Root Zone of any Significant, Exceptional or Heritage Tree or prior to the removal or destruction of any these trees within the City, unless the action is exempt from this chapter. 2. A Tree Permit is required when any person wishes to prune a Heritage Tree in excess of 20% of the existing crown in a two-year period. 3. A request for an exception to the requirements of the chapter shall be processed under a Tree Exception Permit. B. Tree removal on undeveloped lots is prohibited. C. Tree Removal Exemptions. The following activities are exempt from the requirements of this chapter: 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. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 82 Page 4 of 21 2. The removal of Dead Trees outside of the shoreline jurisdiction or a sensitive area or its buffer. 3. Routine maintenance of trees necessary to maintain the health of cultivated plants, or to contain noxious weeds or invasive species as defined by the City of Tukwila or King County, and routine maintenance within rights-of-way related to Interference, Sight Distance, Emergencies or Topping, as codified in TMC Chapter 1120. 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. 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 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 \Ordinancesgree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 5 of 21 83 84 Table A Single Family Tree Removal Requirements Trees (DBH) # of Trees in 36 month period that can be removed Tree Permit? Qualified Tree Professional Report? 6-8" 4 Inventory Survey No >8-12" 2 Yes No >12-18" 2 Yes No >18" 1 Yes No A. Permit Application. Prior to any tree removal, site clearing or work within the Critical Root Zone, a Tree Permit application must be submitted to the Department of Community Development containing the 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; d. Limits of any sensitive area and sensitive area buffer and/or shoreline jurisdiction. 2. Landscape Plan for the proposal showing: a. Diameter, species name, spacing and location of replacement trees to be planted; b. Diameter, species name and location of all Significant Trees to be retained; and c. Vegetation protection measures consistent with the criteria in TMC Section 18.54.060. 3. Professional review or recommendation. All Tree Permits shall require a Qualified Tree Professional report unless otherwise stated in this chapter, or when the Director determines that tree clearing, site clearing or work within the Critical Root Zones may result in adverse impacts requiring remedial measures. A Qualified Tree Professional report is not required for the permitted removal of trees, other than Heritage Trees, on a lot zoned Low Density Residential and improved with a single-family dwelling. Third party review of the report or recommendation may be required. The report or recommendation shall address the following: W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 6 of 21 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. C. See Table B for the number of replacement trees required, if any. D. Permit Materials Waiver. The Director may waive the requirement for any or all plans or permit items specified in this section upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other City ordinances. Such waiver of a requirement shall not be construed as waiving any other requirements of this chapter or related regulations. E. Permit Application Fee. A Tree Permit fee shall be paid at the time an application or request is filed with the department, pursuant to TMC Section 18.88.010, except as otherwise noted in this chapter. All fees shall be paid according to the Land Use Fee Schedule in effect at the time of application. There is no permit fee for submittal of the Tree Inventory Survey. Section 6. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.050, is hereby amended to read as follows: 18.54.050 Permit Approval Criteria, General 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. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 7 of 21 85 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 A. As many Significant, Exceptional and Heritage Trees as possible are to be retained on a site proposed for development or re -development, particularly to provide a buffer between development, taking into account the condition and age of the trees. As part of a land use application such as, but not limited to, subdivision or short plat review, design review or building permit review, the Director of Community Development or the Board of Architectural Review may require reasonable alterations to the arrangement of buildings, parking or other elements of the proposed development in order to retain Significant, Exceptional or Heritage non-invasive Trees. B. Topping of trees is prohibited and considered removal. C. Trees located on vacant properties shall not be removed except: 1. Those that interfere with access and/or passage on public trails; or 2. When trees, including alders and cottonwoods, have been determined to be one of the following by a Tree Risk Assessment prepared by a Tree Risk Assessor, and where the risk cannot be reduced to Low with mitigation, such as pruning: a. Moderate risk with significant consequences; b. Moderate risk with severe consequences; c. High risk with a Target or Risk Target; or d. Extreme risk. 3. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition and health, age, risks to life or structures, and potential for root or canopy interference with utilities. D. If the number of trees to be removed exceeds the permitted amount in a 36 - month period on a property zoned Low Density Residential and improved with a single- family dwelling, those trees shall be replaced based on the replacement requirements set forth in TMC Section 18.54.080 and Table B. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the tree removal. E. Protection of trees shall be a major factor in the location, design, construction and maintenance of streets and utilities. Removal or significant damage that could lead to tree death of Significant, Exceptional or Heritage Trees shall be mitigated with on- or off-site tree replacement as required by this chapter. F. A Qualified Tree Professional shall provide an assessment of any tree proposed for retention in a proposed development to ensure its survivability during construction. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 86 Page 8 of 21 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 All trees not proposed for removal as part of a project 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 adjacent 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 equivalent, shall be placed around each individual tree or grouping at the CRZ. 4. Minimum distances from the trunk for the physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide 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, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional here]. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the 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. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 9 of 21 87 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 required, the site shall be planted with trees to meet the following minimum requirements: 1. Each existing Significant Tree removed, including removal of trees in easements and rights-of-way for the purposes of constructing public streets and utilities, shall be replaced with new tree(s), based on the size of the existing tree as shown below, up to a maximum density of 70 new trees per acre, generally 12-15 feet apart. If the number of required replacement trees exceeds site capacity, payment is required into the City's Tree 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 W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 88 Page 10 of 21 replaced. Trees determined to be Defective by the City or a Qualified Tree Professional, are not required to be replaced. 3. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the site's improvement. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 4. If all required replacement trees cannot be accommodated reasonably on the site, the applicant shall pay into the Tree 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. TABLE B Tree Replacement Requirements Amount of Mature Tree Canopy Removed Equivalent Stature Tree Number of Replacement Trees Up to 500 sq. ft. Small Canopy Tree 501-1,000 sq. ft. Medium Canopy Tree 2 >1,001 sq. ft. Large Canopy Tree 5. Tree replacement shall also meet the standards in TMC Section 18.54.160. 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 Best Management Practices, 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 required by Table B cannot be accommodated on-site, the Director shall require payment into the Tree 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; W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18,54 strike-thru 3-28-18 CL:bjs Page 11 of 21 89 3. The cost of supplies needed for the installation of a tree, including but not limited to, soil amendments, mulch, stakes etc.; and 4. The cost of maintenance of a new tree for at least three years, including but not limited to, watering, weeding, and pruning. B. The cost of a replacement tree shall be updated annually in the Land Use Fee Schedule. C. The money in this fund shall be used by the City or its contractor to purchase, plant and maintain trees on sites in the City. D. Tree 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 To mitigate potential damages that may result from unauthorized tree removal or maintenance, the Director may require the applicant to submit a bond, letter of credit, or other means of assurance acceptable to the City prior to issuance of a Tree Permit, subject to the following provision: 1. Tree Protection Assurance. The applicant may be required to post a three year performance bond or other acceptable security device to ensure the installation, maintenance and adequate performance of tree protection measures during the construction process. The amount of this bond shall equal 150 percent of the City's estimated cost of replacing each replacement tree. The estimated cost per tree shall be the tree fee established by the City. Prior to DCD final inspection, any protected tree found to be irreparably damaged, severely stressed or dying shall be replaced according to the standards identified in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. 2. Tree Maintenance Assurance. Where replacement trees are required, the applicant may be required to post a one-year replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150 percent of the cost of plant material, periodic fertilizing and pruning, and labor until tree survival is ensured. In the event a required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall be replaced according to the standards in this chapter. The City may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 90 Page 12 of 21 protected trees will survive. The requirement for tree maintenance shall be recorded on the title of the property and if the property is sold prior to the expiration of the one-year replacement tree maintenance bond, the developer shall assign the bond to the purchaser. 3. Replacement trees damaged due to natural disasters, such as wind storms, hail, ice or snow storms, and earthquakes, shall be exempt from further replacement. 4. The applicant shall provide an estimate of the costs associated with the required performance bond or other security as described above. In lieu of an applicant's estimate, the performance assurance shall be equal to City staff's best estimate of possible costs to meet the above requirements. In no case shall the performance - assurance exceed an amount equal to two and one-half times the current cost of replacing the plants in accordance with the tree replacement provisions of this chapter. 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. 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 Permit, will be the sole responsibility of the owner of the site for which the permit was issued. B. Issuance of a Tree Permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner from the duty to keep any tree or vegetation upon his or her property or under his or her control in such condition as to prevent it from constituting a hazard or a nuisance pursuant to TMC Chapter 8.28. D. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any vegetation clearing. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 13 of 21 91 E. The applicant shall at all times protect improvements to adjacent properties and public rights-of-way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations. Section 14. Ordinance No. 1770 §32, as currently codified at TMC Section 18.54.150, and Ord. No. 1758 §1 (part), as codified at TMC Section 18.54.130, are hereby amended to read as follows and recodified as TMC Section 18.54.130: 18.54.130 Permit Processing and Duration A. All Tree Permits shall be processed as Type 1 decisions. Exceptions to the requirements of this chapter shall be processed as a Type 2 decision. B. If the Tree Permit or Tree Exception Permit application is not approved, the Director shall inform the applicant in writing of the reasons for disapproval. C. Tree permits expire one year after the date the permit is issued. Section 15. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.140, is hereby amended to read as follows: 18.54.140 Permit Exceptions A. Exception Procedures. An applicant seeking an exception from this chapter shall submit a Tree Exception Permit application in addition to the Tree Permit application. Such application shall fully state all substantiating facts and evidence pertinent to the exception request, and include supporting maps or plans. The exception shall not be granted unless and until sufficient reasons justifying the exception are provided by the applicant and verified by the City. Approval of the exception is subject to the exception criteria outlined below. B. Exception Criteria: 1. The Director may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for an exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. 2. An exception to this chapter shall not be granted unless all of the following criteria are met: a. Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property. b. Proposed tree 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. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 92 Page 14 of 21 3. In addition to the above criteria, the Director may also require review of an exception request by a third party Qualified Tree Professional at the expense of the applicant. 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 All work must be performed in accordance with approved Permit plans specified in this chapter or revised plans as may be determined by the Director. The applicant shall obtain permission in writing from the Director prior to modifying approved plans. 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 not be covered by soil or mulch. For bare root plants, ensure soil beneath roots is stable enough to ensure correct height of the tree. d. If using mulch around trees and shrubs, maintain at least a 4 -inch mulch - free ring around the base of the tree trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 15 of 21 93 B. Plant Material Standards. 1. Plant material shall be healthy, vigorous and well -formed, with well- developed, fibrous root systems, free from dead branches or roots. Plants shall be free from damage caused by temperature extremes, pre -planting or on-site storage, lack of or excess moisture, insects, disease, and mechanical injury. Plants in leaf shall show a full crown and be of good color. Plants shall be habituated to outdoor environmental conditions (i.e. hardened -off). 2. Evergreen trees shall be a minimum of 6 feet in height at time of planting. 3. Deciduous trees shall have at least a 2 -inch caliper at time of planting as measured 4.5 feet from the ground, determined according to the American Standard for Nursery Stock as it now reads and as hereafter amended. 4. Smaller plant stock may be substituted on a case-by-case basis with approval of the City's environmental specialist. 5. Tree spacing shall take into account the location of existing and new trees as well as site conditions. 6. Where there are overhead utility lines, the tree species selected shall be of a type which, at full maturity, will not interfere with the lines or require pruning to maintain necessary clearances. C. Tree Maintenance and Pruning. 1. Pruning of trees should be (1) for the health of the plant material, (2) to maintain sight distances or sight lines, or (3) if interfering with overhead utilities. All pruning must be done in accordance with American National Standards Institute (ANSI) A300 specifications, as it now reads and as hereafter amended. No more than 25% of the tree canopy shall be pruned in any two-year period, except for fruit trees that are being pruned to increase harvest potential. 2. All protected and replacement trees and vegetation shown in 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. Section 18. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.170, is hereby amended to read as follows: 18.54.170 Heritage Trees and Heritage Groves A. Heritage Trees or a Heritage Grove must be nominated for designation by, or approved for nomination by, the owner of the property on which the tree or grove is located. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 94 Page 16 of 21 B. Designation Criteria. A tree or grove that meets the basic definition of Heritage Tree or Heritage Grove must also meet one or more of the following criteria: 1. Has exceptional national, state or local historical significance including association with a historical figure, property, or significant historical event; or 2. Has an exceptional size or exceptional form for its species; or 3. Has an exceptional age for its species; or 4. Is the sole representative of its species in the area; or 5. Has exceptional botanical or ecological value. C. Once approved, the Heritage Tree or Heritage Grove shall be identified by signage that provides information as to the tree's or grove's significance. D. Heritage Tree or Heritage Grove Development Review. 1. When development is proposed for property that contains a Heritage Tree or Grove, and the Director determines that the proposed development may affect a Heritage Tree, the property owner must have a tree preservation plan prepared by a Qualified Tree Professional as approved by the Director demonstrating how the Heritage Tree will be protected and preserved. A Heritage Tree shall be preserved using the tree protection and retention criteria of this chapter. 2. A tree preservation plan shall be composed of the following: a. A site plan indicating the location of Heritage Tree(s). b. The methods to be used to preserve the Heritage Tree(s). c. A mitigation plan indicating the replacement trees or additional new trees to be placed on the site. The mitigation plan should demonstrate, to the extent possible, that the character of the site will not substantially change as a result of development. 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. 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 W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 17 of 21 95 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: 18.54.180 Approved and Prohibited Trees The City will maintain on file, and provide upon request, a list of approved trees for planting and trees that are prohibited from being planted in the City. These lists will be updated as new information becomes available. Section 20. Ordinance No. 1758 §1 (part), as codified at TMC Section 18.54.190, is hereby amended to read as follows: 18.54.190 Violations 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. W: Word Processing\Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs 96 Page 18 of 21 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 subject to a fine of $1,000 per tree, or up to three times the marketable value of each tree removed or damaged as determined by a Qualified Tree Professional, 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 Fund; 25% into the General Fund. 4. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. 5. Penalties are in addition to the restoration of removed trees through the remedial measures listed in TMC Section 18.54.200. 6. It shall not be a defense to the prosecution for a failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site or person authorizing or directing the work erroneously believes a permit was issued to the property owner or any other person. 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 In addition to the penalties assessed, the Director shall require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Any illegal removal of required trees shall be subject to obtaining a Tree Permit and replacement with trees that meet or exceed the functional value of the removed trees. 2. To replace the tree canopy lost due to the tree removal, additional trees must be planted on-site. Payment shall be made into the City's Tree 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. W: Word Processing \Ordinances\Tree regulations re-enacted TMC 18.54 strike-thru 3-28-18 CL:bjs Page 19 of 21 97 6. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the Director may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter. Section 22. Ordinance No. 1758 §1 (part) is hereby amended to establish a new TMC Section 18.54.210 to read as follows: 18.54.210 Enforcement A. General. In addition to the Notice of Violation and Order measures prescribed in TMC Chapter 8.45, the Director may take any or all of the enforcement actions prescribed in this chapter to ensure compliance with, and/or remedy a violation of this chapter; and/or when immediate danger exists to the public or adjacent property, as determined by the Director. 1. The Director may post the site with a "Stop Work" order directing that all vegetation clearing not authorized under a Tree Permit cease immediately. The issuance of a "Stop Work" order may include conditions or other requirements which must be fulfilled before clearing may resume. 2. The Director may, after written notice is given to the applicant, or after the site has been posted with a "Stop Work" order, suspend or revoke any Tree Permit issued by the City. 3. No person shall continue clearing in an area covered by a "Stop Work" order, or during the suspension or revocation of a Tree Permit, except work required to correct an imminent safety hazard as prescribed by the Director. B. 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 Permit, the Director may institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted either before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter or TMC Chapter 8.45. C. Inspection access. 1. The Director may inspect a property to ensure compliance with the provisions of a Tree Permit or this chapter, consistent with TMC Chapter 8.45. 2. The Director may require a final inspection as a condition of a Tree Permit issuance to ensure compliance with this chapter. The permit process is complete upon final approval by the Director. 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 3-28-18 CL:bjs 98 Page 20 of 21 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 °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 3-28-18 CL:bjs Page 21 of 21 99