HomeMy WebLinkAboutOrd 2570 - TMC Chapter 18.54 "Tree Regulations" - Urban Forestry and TreesCover page to Ordinance2570
The full text of the ordinance follows this cover page.
Ordinance2570was amended or repealedby the following ordinances.
AMENDEDREPEALED
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2678
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
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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:
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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
118.54.160 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;
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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 TIVIC 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 TIVIC Chapter 18.44, "Shoreline
Overlay."
Section 4. Ordinance No. 1758 §1 (part), as codified at TIVIC 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.
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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 11.20. Routine
maintenance includes the removal of up to 20% of the existing tree crown in a two-year
period.
4. Emergency actions necessary to remedy an immediate threat to people or
property, or public health, safety or welfare by a high -risk or extreme -risk tree may be
undertaken in advance of receiving a permit. Any person, utility or public entity
undertaking such an action shall submit a Tree Permit application within one week of the
emergency action and replace tree(s) if required by this chapter. Additional time to apply
for a Tree Permit may be granted at the discretion of the Director.
5. The removal of trees in the right-of-way related to a capital project that has
a landscaping component that includes trees, where there is adequate room in the right-
of-way.
6. Removal of trees as allowed with a Class I -IV forest practices permit issued
by the Washington State Department of Natural Resources.
Section 6. 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
A. 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:
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.
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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
B. 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
ME=,
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:
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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 TIVIC 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 TIVIC 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 TIVIC Section 18.54.060 and as recommended in the Qualified Tree
Professional report, if applicable.
2. Tree protection will be implemented as required in TIVIC Section 18.54.070.
3. Tree replacement will be implemented as required in TIVIC Section
18.54.080.
4. Tree replacement funds will be deposited into the City of Tukwila Tree Fund,
as described in TIVIC Section 18.54,100, if required.
5. A performance assurance will be submitted as required in TIVIC Section
18.54.110.
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Section 7. Ordinance No. 1758 §1 (part), as codified at TIVIC 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:
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
are not limited to, tree condition and health,
for root or canopy interference with utilities.
in approving such tree removal include, but
age, risks to life or structures, and potential
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 TIVIC 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.
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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.
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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 TIVIC 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
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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.
Tree Replacement Requirements
Amount of Mature Tree
Canopy Removed
Equivalent Stature Tree
Number of Replacement
Trees
Up to 500 sq. ft.
Small Canopy Tree
1
501-1,000 sq. ft.
Medium Canopy Tree
2
>1,001 sq. ft.
Large Canopy Tree
3
5. Tree replacement shall also meet the standards in TIVIC Section 18.54.160.
Section 10. Ordinance No. 1758 §1 (part), as codified at TIVIC 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 TIVIC Section 18.54.100, is
hereby amended to read as follows:
18.64.100 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;
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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 TIVIC Section 18.54.160.
Section 12. Ordinance No. 1758 §1 (part), as codified at TIVIC 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
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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 TIVIC 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 TIVIC 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.
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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.
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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 TMG Section 18.54.150, is
hereby amended to read as follows:
18.64.160 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.
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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 TIVIC 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.
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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
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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.
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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.
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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.
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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 COYNCI OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of A, n r, t- 12018.
I V
ATTEST/UTH E NTI CATE D
Christy O'FldKerty, MMC, City Clerk
F.A1921001VAN OXTAIM 1101
Rachel B. Turpin, City Attorney
Filed with the City Clerk: A
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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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