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HomeMy WebLinkAboutOrd 2569 - Tree Regulations Regarding Definitions (TMC Chapter 18.06)Cover page to Ordinance2569 The full text of the ordinance follows this cover page. Ordinance2569was amended or repealedby the following ordinances. AMENDEDREPEALED Section(s) AmendedAmended by Ord#Section(s) RepealedRepealed by Ord# 8, 15, 33, 411-12, 14-342569 2627 211-37, 40-462741 2518 192627 392569 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 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. Chapter 18.06, "Definitions," as follows: At -Risk Tree A new section is hereby added to TMC "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: M ff ff MT EMU T. M I "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: I" 4=1 I "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: I =IP "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 Section 11. TIVIC Section Adopted Chapter 18.06, "Definitions," as follows: Heritage Tree or Heritage Grove A new section is hereby added to TIVIC "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. TIVIC Section Adopted. A new section is hereby added to TIVIC 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. TIVIC Section Adopted. A new section is hereby added to TIVIC 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. TIVIC Section Adopted. A new section is hereby added to TIVIC 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. TIVIC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TIVIC 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 TIVIC Chapter 14.30. Section 16. TIVIC Section Adopted. A new section is hereby added to TIVIC 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. TIVIC Section Adopted. A new section is hereby added to TIVIC 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. TIVIC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TIVIC 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. TIVIC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as currently codified at TIVIC 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. TIVIC Section Adopted. A new section is hereby added to TIVIC 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. TIVIC Section Adopted. A new section is hereby added to TIVIC 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 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. TIVIC Section Adopted. A new section is hereby added to TIVIC 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. TIMIC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 1775 §1 and 1758 §1 (part), as currently codified at TIVIC 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. TIVIC Section Adopted. A new section is hereby added to TIVIC 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 TIVIC 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. TIMIC Section Adopted. A new section is hereby added to TIVIC 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 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: 18.06.275 Essential Root Zone 18.06.485 Landscape Architect 18.06.785 Solid Planting Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in TMC Chapter 18.06, "Definitions," at the following section, is hereby repealed: 18.06.776 Significant Tree, Shoreline 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\Ordinances\Tree 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 COON IL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of e 1., 2018. I V ATTEST/AUTHENTICATED: Christy O'Flah6hy, MMC, City Clere Z2 Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: 71 W: Word Processing\Ordinances\Tree regulations -Definitions 3-28-18 CL:bjs Page 9 of 9 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2569-2570. On April 2, 2018 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2569: 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. Ordinance 2570: 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. The full text of this ordinance will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: April 5, 2018 Barbara Saxton From: Ann Marie Soto <AnnMarie@ kenyondisend.com^ Sant Thursday, October 1&2O1O18:45AM To: Barbara Saxton; Rachel Turpin Cc: Andrea Cummins; Christy [)'F|aheUyAndy Youn Subject: RE: Question: Scrivener's Error? Sounds good. Thank you for the follow up! Ann Marie iSoto Kenj,onDiseoc[PLLC The Municipal Law Firm l[Front Street South Issaquah, VYA98027-382O Phone- (425)392-709K0exL22O5 From: Barbara Saxton hnaiko:Barbara.Saxton@Tukvvla Sent: Tuesday, October 16,2O181O:28AM To: Ann Marie Soto <AnnMarie@kenyondisend.com>; Rachel Turpin <Rachel.Turpin@TukwilaWA.gov> AndvYoun un@/Tukvv|aVVA.gov> Subject: RE: Question: Scrivener's Error? Thanks, Ann Marie. The agenda packets did show the changes. Here is some background. There are four definitions that should have been called out as being repealed in the final version of Ord. No. 2569. Those four definitions were specifically called out in the draft ordinance (and shown in strike -through to indicate they would be deleted) that was prepared for Council and was part of the 2/13/18 and 2/27/18 CDN Committee packets. The repealing language was also shown that way (in strike changes) in the draft version of the ordinance in the 3/26/18C.C}.VV.agenda packet. in all those draft versions, the text looked just as it does below (with the red track changes showing the 4sections/definitions toberepea|ed). Here isalink tuthe ordinances inthe 3/26/18[D.VV. packet. The error came when I accepted those track changes (after the meetings above) to produce the final version of the ordinance, which eliminated the four specific definitions that had been listed in strike -through text. Therefore, the final ordinance indicates sections (definitions) are to be repealed, but does not specify which ones. (Reference text highlighted in yellow below.) Also, whenever we process a change as a scrivener's error, not only do we keep a log,but vveinclude all the explanations/authorizations (such as this e-mail) with the original paper copy and also scan the explanation/authorization and include it with the digital ordinance in Laserfiche, so this change will be well documented inthe public forum. | think and hope wecovered your concerns. Thank you, Ann Marie. City Clerk's Office City of Tukwila The City of opportunity, the community mfchoice. From: Ann Marie Soto Sent: Monday, October 15,201D4:22PM To: Barbara Saxton <> Cc: Rachel Turpin<;Andrea Cummins < ;Christy C)`Haherty<�AndyYnun�Subject: RE: Question: Scrivener's Error? W11��0-111111111 Sorry for the delay onthis. This is a tough one. Scrivener's errors are generally typographical errors which may be corrected only if such mistakes are absolutely clear. One could argue that the legislative history makes babsolutely clear that those track change deletions should have been shown with legislative revision marks onthe final ordinance. But were those draft versions included in the publicly available council agenda packets? If so, the City is probably okay (although perhaps a notation can be made onthe Qt/svvebsiteattaching a draft veoion).Otherwise, the safest thing to do would be to naaclopt those sections byordinance. Let me know if you have any questions. Thanks. Ann Marie [Soto Kenyon DisendPL[C l'heMunicipal Law Firm I]Front Street South lmmmqumb,VVA90O27-S82O Phone: (425)392-709O,ext. 2205 From: Rachel Turpin Sent: Tuesday, October O9'J0183I8PM To: Ann Marie Soto Can you please answer this question since you worked on the original ordinance? Thanks! Rachel B.Turpin Tukwila City Attorney 6ZO0SouthcenterBoulevard Tukwila, VVA9D188-2544 2O6-433'7l99(Tukwila Office) 4Z5-9Q8'ZZ10(Issaquah Office) The City of opportunity, the community of choice. From: Barbara Saxton Sent: Tuesday, October 9,2D1Q1:14PM To: Rache|Turpin Cc: Andrea Cummins; NoraGier|of; ChristyO`Hoherty; Andy Youn Subject: Question: Scrivener's Error? VVeare currently reviewing Ordinance No. 2569for codification. This ordinance amended and established definitions related totrees and landscaping. Directly below are two sections from the DRAFT version of the ordinance, which showed that 4 definitions were tmberepealed. The definitions to be deleted were shown in track changes (stri ke-th rough) format in the draft ordinance todelineate their upcoming deletion. In the final (clean) version of the ordinance, the track changes were accepted and the sections read as shown below, which meant the 4 specific definitions to be removed were not listed. This was not caught prior to inclusion in the agenda packet. Section 35. Repealer. Ordinance No. 1758 §1 (part), as currently codified in-ruic Chapter 18,,06, "Definitions," at the foHovviing sections, is heireby repealed, Section 36. Repealer. Ordinance No. 2347 §39, as currently codified in, I]VIC Chapter 18.06, "Definitions," at the following section, is hereby repealed: Christy feels this is a scrivener's error as the intent is there and the Repealer sentences are incomplete as stated. The intent and history of what is to be repealed was shown in the draft versions of the ordinance in the agenda packets that went to Council. Please advise. Thank you, Rachel. Barbara Saxton City Clerk's Office City of Tukwila The City of opportunity, the community of choice. CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin. CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open attachments or click links from an unknown or suspicious origin.