HomeMy WebLinkAboutOrd 1715 - Tree Clearing and Planting (Repealed by Ord 1758) 4
C i t y T u kw ila
Washington.
Cover page to Ordinance 1715
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TIJKWILA, WASHINGTON, ADOPTING INTERIM STANDARDS
FOR TREE CLEARING AND PLANTING, PROVIDING FOR
SEVERABILITY AND DECLARING AN EMERG ENCY
Ordinance 1715 was amended or repealed by the
following ordinances.
AMENDED BY: REPEALED BY:
1726 Section 3, 1758
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Ordinance No. 171S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING INTERIM STANDARDS
FOR TREE CLEARING AND PLANTING, PROVIDING FOR
SEVERABILITY AND DECLARING AN EMERGENCY
WHEREAS the City Council finds that implementation of interim tree clearing and
planting standards is necessary to protect the health and welfare of the City's residents, and
WHEREAS the standards and procedures contained in the attached Interim Tree
Ordinance reflect the minimum desired standards, and could be used by the City in evaluation
and approval of vegetation clearing activities until a comprehensive tree ordinance is adopted,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
SECTION I. FINDINGS OF FACT
The City Council of the City of Tukwila, Washington, hereby adopts the following Findings of Fact:
A. Standards for vegetation clearing and planting are necessary to mitigate
environmental consequences of land development, and to maintain and
improve the quality of Tukwila's urban environment.
B. Significant additional time will be required to complete adoption of a tree
ordinance with comprehensive standards for vegetation clearing and
planting.
C. The limited amount of vacant land remaining in Tukwila may be cleared of
vegetation in a manner which produces adverse aesthetic and
environmental impacts not envisioned in new vegetation clearing and
planting standards.
D Implementation of interim tree clearing and planting standards is necessary
to protect the health and welfare of the City's residents.
E. The standards and procedures contained in the Interim Tree Ordinance
reflect the minimum desired standards, and could be used by the City in
evaluation and approval of vegetation clearing activities until a
comprehensive tree ordinance is adopted.
F After due public notice per TMC 2.04 150(9) and RCW 35A.63.220, the
City Council held a public hearing on August 22, 1994 to receive public
testimony related to the interim tree clearing and planting standards.
SECTION II. ADOPTION AND APPLICABILITY
The Interim Tree Ordinance is hereby adopted, and shall become binding as of the effective date of this
Ordinance on all properties subject in whole or in part to the Sensitive Areas Overlay Zone and the
Shorelines Zone of Tukwila Municipal Code Chapter 18.45 and Chapter 18.44
SECTION III FUTURE ADOPTION OF CODIFIED TREE ORDINANCE
The Department of Community Development is instructed to prepare and present a codified tree ordinance
to the Council by January 1995
SECTION IV. FEE
The City shall collect a fee of $25.00 for processing a Tree Clearing Permit, except as noted in Section
7.5
SECTION V. TITLE. PURPOSE. SCOPE AND DEFINITIONS.
5.1 TITLE
This Ordinance shall be known as the City of Tukwila "Tree Ordinance," and may be so
cited.
5.2 PURPOSE
This Ordinance is adopted to:
A. Mitigate certain environmental consequences of land development, and to
maintain and improve the quality of Tukwila's urban environment.
B. To promote building and site planning practices that are responsive to the
community's natural environment, without preventing reasonable
development of land.
C. Regulate clearing of trees and understory vegetation in the City of Tukwila
in order to:
1 Maintain and enhance the aesthetic, ecological and
economic benefits, provided by vegetation, such as:
a. providing wildlife habitat;
b. reducing runoff and soil erosion,
c. reducing air pollution;
d. masking noise;
e. reducing wind speed and urban "wind tunnels;"
f. energy conservation, cooling of urban centers;
g. increasing real property values;
h. enhancing visual and aesthetic qualities of the urban environment.
2. Maintain the viability of existing stands
of trees and understory vegetation.
3 Promote retention of native vegetation in Sensitive Areas
and their Buffers, Shoreline areas and wildlife habitat
areas.
D Provide a means to implement the requirements of Tukwila's Sensitive
Areas Ordinance relative to vegetation removal in Sensitive Areas and
Sensitive Area Buffers.
5.3 SCOPE
This Ordinance sets forth rules and regulations to control clearing of trees and understory
vegetation within the City of Tukwila.
5.4 DEFINITIONS
The following definitions shall be used in the administration of this Ordinance.
Applicant Any person proposing to engage in or engaged in any non exempt clearing of
trees or understory vegetation within the city limits of Tukwila.
Best Management Practices (BMPs) Conservation practices and management measures
which serve to protect trees, including the following practices:
1 Avoiding physical damage to tree trunk, branches, foliage
and roots;
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2. Restricting the movement, operation, and location of
construction materials and equipment to avoid the area
under a tree canopy;
3 Minimizing adverse changes in drainage
conditions around tree roots.
4 Minimizing adverse changes to the chemical, physical,
structural, and organic characteristics of soil around tree
roots.
5 Those conservation practices defined by the State of
Washington Department of Agriculture, Washington State
Department of Ecology, and International Society of
Arborists as intended to protect trees.
Caliper American Association of Nurserymen standard for measurement of trunk size of
nursery stock. Caliper of the trunk shall be taken 6 inches above the ground.
Canopy [previously defined as "dripline An area encircling the base of a tree, the
minimum extent of which is delineated by a vertical line extending from the outer limit of
a tree's branch tips down to the ground.
Canopy cover. The cumulative areal extent of the canopy of all trees on the site.
Certified arborist An arborist certified by the International Society of Arboriculture or
National Arborist Association.
Clearing Removal or causing to be removed, through either direct or indirect actions, any
vegetation from a site. Actions considered to be clearing include, but are not limited to,
causing irreversible damage to roots or trunks; poisoning; destroying the structural
integrity; and /or any filling, excavation, grading, or trenching in the root area of a tree
which has the potential to cause irreversible damage to the tree.
Diameter/Diameter breast height (d.b.h.) The diameter of any tree trunk, measured at 4-
1/2 feet above average grade.
Director The Director of the City of Tukwila Dept. of Community Development or
his/her designee. The Director is the responsible Administrative Officer of this Ordinance,
with the authority to establish regulations and procedures to carry out the intent of this
Ordinance.
Essential root zone The area located on the ground between the tree trunk and 10' beyond
the canopy
Filling The act of transporting or placing (by any manner or mechanism) fill material from, to, or
on any soil surface, natural vegetative covering of soil surface, or fill material (including
temporary stock piling of fill material).
Grading Any excavating, filling, clearing, or the creation of impervious surface, or any
combination thereof, which alters the existing surface of the earth.
Groundcover Trees, shrubs and any other plants or natural vegetation which covers or
shades in whole or in part the earth's surface.
Hazardous tree A tree with a structural defect or disease, or which impedes safe vision or
traffic flow, or otherwise currently poses a threat to life or property
Land Altering activity Any activity that results in change of the natural cover or
topography, as defined in the City of Tukwila Land Altering Ordinance (No. 1591).
Land Altering Permit A permit for land altering activity issued by the City of Tukwila
pursuant to the Land Altering Ordinance (No. 1591).
Landscape architect A person licensed by the State of Washington to engage in the
practice of landscape architecture as defined by RCW 18.96.030.
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Landscape plan see Plan.
Low Impact Environment The area extending from the Ordinary High Water Mark or
Mean High Water Mark landward for one hundred feet, having environmentally protective
land use regulations, as established in 18.44
Mean high water mark A line approximately parallel to the river channel which marks
the elevation of the surface of the Green/Duwamish River waters, as established in the
Zoning Code Section 18.44
Mitigation plan see Plan.
Ordinary high water mark The mark that will be found by examining the bed and banks
of a stream and ascertaining where the presence and action of waters are so common and
usual as to distinctly mark the soil from that of the abutting upland, in respect to
vegetation. In any area where the ordinary high water mark cannot be determined, the
channel bank shall be substituted.
Person Any legal entity recognized by the State of Washington for the purpose of assigning legal
responsibility, to include, but not limited to individuals, partnerships, firms, associations,
commissions, boards, utilities, institutions, and estates.
Plan A sketch, survey or other drawing, photograph or similar document which may be a
part of the set of permit drawings or construction documents, and which contains
information related to vegetation clearing and planting, sufficient for the Director to make
a final permit decision.
Property owner The owner of record for a site, or his or her authorized representative.
Protected tree/protected vegetation A tree or area of understory vegetation identified on
an approved Landscape Plan to be retained and protected during construction.
Protection measure A practice or combination of practices (e.g. construction barriers,
protective fencing, tree wells, etc.) used to control construction or development activity,
where such activity may impact vegetation which is approved for retention in a Tree
Clearing Permit.
Protective fencing A temporary fence or other structural barrier installed to prevent
permitted clearing or construction activity from adversely affecting vegetation which is
approved for retention in a Tree Clearing Permit.
Sensitive Area and Sensitive Area Buffer Wetlands, watercourses, landslide hazard areas
and abandoned coal mines and their buffers as designated or defmed now or hereafter in
the Sensitive Areas Ordinance.
Sensitive Areas Ordinance City of Tukwila Ordinance No. 1599 (Chapter 18.45), or as
amended hereafter, which establishes standards for land development on lots with
sensitive areas (e.g. steep slopes, wetlands, watercourses, etc.).
Shoreline Zone An overlay zone established by Chapter 18.44 extending from the mean
high water mark of the Green/Duwamish River for 200 feet landward; or from the
ordinary high water mark in areas of Tukwila where King County shorelines regulations
apply
Significant tree Any tree with a minimum diameter of 4 inches.
Site Any legally defmed section of real property, whose boundaries are recorded for
purposes of assessing taxes with the county Assessor's Office, where vegetation clearing
activities are proposed or have occurred.
Site plan see Plan
Surveyor A person licensed by the State of Washington to engage in the practice of land
surveying, as defmed by RCW 18.43.020.
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Tree Any self supporting woody plant, characterized by one main trunk, with a potential
diameter breast height of two (2) inches and potential minimum height of ten (10) feet.
Tree Clearing Permit Permit issued by the Director of Community Development
authorizing clearing activities pursuant to Section VII of this Ordinance.
Understory vegetation Small trees, shrubs, and groundcover plants, growing beneath and
shaded by the canopy of a significant tree which affect and are affected by the soil and
hydrology of the area surrounding the significant tree roots.
Vegetation Living trees, shrubs or groundcover plants.
SECTION VI. EXEMPTIONS
The following activities are exempt from the application of this Ordinance and do not
require a Tree Clearing Permit:
A. Clearing of any vegetation, UNLESS the site on which clearing is to occur
is located in a Sensitive Area, Sensitive Area Buffer, or Shoreline Zone.
B. On sites within a Sensitive Area, or Sensitive Area Buffer, or Shoreline Zone.
1 Clearing of up to 4 significant trees on a site currently zoned and
developed for single family residential use within any thirty -six (36)-
month period; UNLESS the significant trees to be removed are located in a
Sensitive Area, Sensitive Area Buffer or within the Shoreline Zone.
2. Clearing of any vegetation located outside a Sensitive
Area, Sensitive Area Buffer or outside the Shoreline Zone.
3 Removal of hazardous trees.
4 Routine maintenance of vegetation necessary to maintain
the health of cultivated plants, to contain noxious weeds, or
to remedy a potential fire or health hazard or threat to
public safety per Chapter 8.28 (Nuisances).
5 Vegetation removal necessary to the operation of an
established Christmas tree farm or commercial plant
nursery
6. Construction and maintenance of streets and utilities within
City approved right -of -ways and easements.
SECTION VII. GENERAL PERMIT PROVISIONS
7.1 MANDATORY STANDARDS
All removal of significant trees and understory vegetation shall be undertaken in
accordance with the mandatory standards specified in Section VII of this Ordinance,
except as provided in Section 7 4, Waiver to Permit Materials, or Section 7 9, Exceptions.
7.2 PERMIT REOUIRED
No person shall conduct any clearing of vegetation without first obtaining a Tree Clearing
Permit on a form approved by the Director; unless specifically exempted under Section VI
of this Ordinance.
22 PERMIT APPLICATION MATERIALS
The following materials are required to obtain a Tree Clearing Permit:
A. Site Plan of the proposal showing:
1 Diameter, species name, location and canopy of existing
significant trees in relation to proposed and existing
structures, utility lines, and construction limit line;
2. Identification of all significant trees to be removed and/or relocated;
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3 Existing and proposed topography of the site at two foot
contour intervals;
4 Limits of any Sensitive Area and Sensitive Area buffer,
and mean high water mark or ordinary high water mark of
the river, as identified by a surveyor
B. L�ndscane Plan for the proposal showing:
1 Diameter, species name, spacing and location of
replacement trees /vegetation to be used to replace
vegetation cleared;
2. Diameter, species name and location of all significant trees
and vegetation to be retained;
3 Proposed vegetation protection measures;
4 Any other measures proposed to restore the environmental
and aesthetic benefits previously provided by on -site
vegetation.
C. Professional review or recommendation
Submittal of, or agreement to submit, a review, evaluation,
recommendation or plan related to vegetation clearing or replacement
prepared by a professional consultant(s), such as a landscape architect,
surveyor, or certified arborist. Services may include, but are not limited to:
1 Providing a written evaluation of the anticipated effects of
proposed construction on the viability of trees on site;
and/or
2. Developing plans for, supervising, and/or monitoring
implementation of any required tree protection or
replacement measures; and/or
3 Post construction site inspection and evaluation.
D Sensitive Area Mitigation Plan
Identify measures proposed for mitigation of vegetation clearing in a
Sensitive Area and /or its Buffer per the Sensitive Areas Ordinance.
E. Time schedule
Proposed time schedule of vegetation removal, relocation and /or
replacement, and other construction activities which may affect on -site
vegetation, Sensitive Area, Sensitive Area Buffer, and/or Shoreline Zone.
F Additional studies and conditions
The Director may require supplemental studies or other documentation, or
specify conditions for work, at any stage of the application or project as
he /she may deem necessary to ensure the proposal's compliance with
requirements of this Ordinance, the Sensitive Areas Ordinance or
Shoreline Zone regulations, or to protect public or private property These
conditions may include, but are not limited to hours or seasons within
which work may be conducted, or specific work methods.
7.4 WAIVER TO PERMIT MATERIALS
The Director may waive or modify the requirement for any or all plans or permit materials
specified in Section 7.3 upon finding that the information on the application is sufficient to
demonstrate that the proposed work will meet the approval criteria under Section 7.8 and
other City ordinances. Such waiver of a requirement for permit materials shall not be
construed as waiving any other requirements of this or related regulations.
7.5 APPLICATION FEE
A. A non refundable permit application fee will be collected at the time of
submittal of a Tree Clearing Permit application. The application fee will
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provide for the cost of: plan review; administration and management of
the permitting process; inspections; and processing of exceptions to
standards and appeals pursuant to this Ordinance. The application fee shall
be established, and may be amended, by the City Council.
B FEE EXCEPTION No fee shall be required for vegetation clearing
associated with land altering activity approved under a Land Altering
Permit.
7.6 INSURANCE
A. In addition to any permit materials or conditions specified pursuant to
Section 7.3, if in the opinion of Director the nature of the work is such that
it may create a hazard to human life or endanger adjoining property, then
the Director may require the applicant to submit a certificate of insurance.
B. The certificate must show that the applicant is insured against claims of
damages involving personal injuries and property in an amount prescribed
by the Director in accordance with the nature of the risks involved and the
following minimum amounts:
1) Bodily injury liability $1 million per occurrence; and 2) Property
damage liability $1 million per occurrence.
C. All insurance policies obtained in accordance with these provisions shall
name the City of Tukwila as an "additional insured" and shall be written
by a company licensed to do business in the State of Washington.
73 SECURITY
To mitigate damages should they occur as a result of clearing which is not authorized by a
Tree Clearing Permit, the Director may require from the applicant a bond, letter of credit,
or other means of security acceptable to the City The following provisions shall apply in
instances where such securities are required.
A. The required security shall be submitted prior to the issuance of a Tree
Clearing Permit.
B. The security shall be equal to City Staffs best estimate of possible costs
directly associated with replacement of cleared vegetation which has not
been authorized to be cleared under a Tree Clearing Permit (e.g. the
replacement of vegetation approved for retention, or the installation of
replacement plantings which the applicant has failed to install as required).
In no case shall the security exceed an amount equal to 2.5 times the
current cost of replacing the plants per the Tree Replacement requirements
of Section 7.8 of this Ordinance.
C. The security shall not be fully released without final inspection and
approval of completed work by the City, submittal of any post
construction evaluations or following any prescribed trial maintenance
period required in the Permit.
D Securities provided in accordance with this Ordinance may be redeemed in
whole or in part by the City of Tukwila upon determination by the Director
that the applicant has failed to fully comply, within the time specified, with
approved plans and/or any remedial or enforcement actions mandated in
accordance with this Ordinance.
7.8 PERMIT APPROVAL CRITERIA.
To the extent that vegetation retention and/or replacement is consistent with project
feasibility or reasonable use of the property, vegetation clearing shall be planned and
conducted to meet all of the criteria below These criteria shall be the basis for approval,
approval with conditions or denial of any tree clearing included in a Tree Clearing Permit
application.
A. TREE RETENTION
Site improvements shall be designed and constructed to retain as many
existing healthy trees as possible, and to meet the following criteria.
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1 Priority shall be given to retention of existing stands of
trees, trees at site perimeter, trees within the shoreline Low
Impact Environment, in Sensitive Areas or Sensitive Area
Buffers, and healthy mature trees.
2. All understory vegetation within the essential root zone of
protected trees shall be:
a. retained, OR
b. removed by methods which are non damaging to
the tree, and replaced with vegetation with
horticultural requirements which are compatible
with protected trees.
3 Vegetation removal shall be undertaken in such a manner
as to preserve, to the degree possible, the aesthetic and
ecological benefits provided by such vegetation.
B TREE PROTECTION MEASURES
1 The proposal shall include tree protection measures which
meet or exceed best management practices and current
standards of professional arboriculture, and which are
sufficient to ensure the viability of protected trees and other
vegetation identified for retention pursuant to Sections 7.8
(A), (B) and (C), and shall include measures sufficient to
protect any Sensitive Area, its Buffer and vegetation within
the shoreline Low Impact Environment.
2. During clearing and/or construction activities, all protected
vegetation shall be surrounded by protective fencing which
prevents adverse impacts associated with clearing from
intruding into areas of protected vegetation.
C. TREE REPLACEMENT
The site shall be planted with trees to meet the following minimum
requirements:
1 Each existing significant tree removed shall be replaced
with new tree(s), based on the size of the existing tree, per
Table A below, up to a maximum density of 70 new trees
per acre.
2. Table A. Tree Renlacement Ratios
Diameter of Existing Number of Replacement
Tree Removed. Trees Reauired.
4" 8" 1
8 -12" 2
>12 -18" 4
>18" 24" 6
>24" 8
3 Prior to any vegetation removal, the applicant shall
demonstrate through a Landscape Plan, Sensitive Area
Mitigation Plan or other materials required per Section 7.3
that vegetation replacement will meet the following
minimum standards:
a. Minimum sizes shall be 2 -1/2 -inch caliper for
deciduous trees, 6 to 8 feet in height for evergreen
trees, 24 inches in height for shrubs, and 1 gallon
for groundcover
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b. Replacement plants shall meet current American
Association of Nurserymen standards for nursery
stock;
c. Planting and maintenance of required replacement
vegetation shall be in accordance with best
management practices for landscaping which
ensure the vegetation's long -term health and
survival.
D SURROUNDING ENVIRONMENT
The timing of, and methods to be used in any proposed vegetation removal
shall be such that impacts to protected vegetation, wildlife, fisheries and
the surrounding environment are minimized.
E. 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.
7.9 EXCEPTIONS
A. The Director may grant exceptions from the requirements of this
Ordinance when undue hardship may be created by strict compliance with
the provisions of this Ordinance. Any authorization for exception may
prescribe conditions deemed necessary or desirable for the public interest,
or necessary to meet the intent of this Ordinance.
B An exception to this Ordinance shall not be granted unless all of the
following criteria are met:
1 Strict compliance with the provisions of this Ordinance
may jeopardize project feasibility or reasonable use of
property
2. Proposed vegetation removal, replacement, and any
mitigative measures proposed, are consistent with the
purpose and intent of this Ordinance given in Section 5.2.
3 The granting of the exception or standard reduction will
not be detrimental to the public welfare or injurious to
other property in the vicinity
C. In addition to the above criteria, the Director may also consider any of the
following in reviewing an exception request:
1 The recommendation of a certified arborist supports the
exception.
2. The size of the site or project cannot support the number of
required replacement trees, and off -site tree planting is
proposed which furthers the goals of this Ordinance and
other City policies.
3 On -site planting of all required replacement trees is not
feasible, and the project includes an equivalent contribution
in funds and/or labor and materials for off -site tree planting
as jointly agreed by the applicant and Director
4 Smaller -sized replacement plants are more suited to the
species, site conditions, and to the purposes of this
Ordinance, and are planted in sufficient quantities to meet
the intent of this Ordinance.
D RETENTION AND REPLACEMENT OF CANOPY COVER
For undeveloped sites or sites with dense stands of trees, where the cost of
identification of individual tree species and sizes is inordinate relative to
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the project, the Director may allow the applicant to use the tree canopy
cover approach outlined below to calculate retention and replacement of
trees:
1 The site shall have a minimum canopy cover equal to
twenty percent (20%) of the site area, or equal to the
existing canopy cover whichever is less.
2. To meet the requirements for site canopy cover, canopy
cover may consist of any combination of existing trees and
replacement trees. Canopy cover of each new tree shall be
calculated at 314 square feet.
E. EXCEPTION PROCEDURES
An application for any exception from this Ordinance shall be submitted in
writing by the property owner to the Director, and shall accompany the
application for a Tree Clearing Permit. Such application shall fully state
all substantiating facts and evidence pertinent to the exception request, and
include supporting maps or plans. The Director shall not grant an
exception unless and until sufficient reasons justifying the exception are
provided by the applicant.
7.10 PERMIT PROCESSING AND DURATION
A. If the proposed vegetation clearing and permit application meet the
requirements of Sections 7.3 through 7.9, the Director shall approve the
application and issue the Tree Clearing Permit.
B If the Tree Clearing Permit application is not approved, the Director shall
inform the applicant in writing of the reasons for disapproval.
C. From the date of issuance, permits shall be valid for a period of 180 days.
7.11 PERMIT CONFORMANCE
A. PLAN CONFORMANCE
All work must be performed in accordance with approved Permit plans
specified in Section 7.3 or revised plans as may be determined by the
Director The applicant shall obtain permission in writing from the
Director prior to modifying approved plans.
B TREE PROTECTION MEASURES
All tree and vegetation protection measures shown on approved permit
drawings shall be installed prior to initiation of any clearing or land
altering activity
C. PROTECTION OF PROPERTY
The applicant shall at all times protect improvements to adjacent private
properties and public right -of -ways 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.
D MAINTENANCE RESPONSIBILITY
All protected and replacement trees and vegetation shown in approved
Tree Clearing Permit materials shall be maintained in healthy condition by
the property owner throughout the life of the project, unless otherwise
approved by the Director in a subsequent Tree Clearing Permit.
SECTION VIII. VIOLATIONS AND ENFORCEMENT
8.1 VIOLATIONS
The following actions shall be considered violations of this Ordinance: Clearing, planting,
relocation, or maintenance of vegetation not authorized under, or in accordance with an
approved Tree Clearing Permit, where such permit is required, or not in accordance with
the provisions of this Ordinance. Each tree which is cleared, not replaced or not
maintained as required by this Ordinance shall constitute a separate violation.
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8.2 ENFORCEMENT
In addition to the Notice and Order measures prescribed in Chapter 8.45, Civil Violations,
as now in effect or as amended hereafter, the Director may take any or all of the
enforcement actions prescribed in this Ordinance to ensure compliance with, and/or
remedy a violation of this Ordinance; and/or when immediate danger exists to the public
or adjacent property, as determined by the Director
A. The Director may post the site with a "Stop Work" order directing that all
vegetation clearing not authorized under a Tree Clearing Permit cease
immediately The issuance of a "Stop Work" order may include conditions
or other requirements which must be fulfilled before clearing may resume.
B 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 Clearing Permit issued by the City
C. No person shall continue clearing in an area covered by a Stop Work
order, or during the suspension or revocation of a Tree Clearing Permit,
except work required to correct an imminent safety hazard as prescribed by
the Director
D INJUNCTIVE RELIEF
Whenever the Director has reasonable cause to believe that any person is
violating or threatening to violate this Ordinance or any provision of an
approved Tree Clearing 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 Ordinance or Chapter 8.45
E. INSPECTION ACCESS
1 The Director may inspect a property for the purpose of
inspection for compliance with the provisions of a Tree
Clearing Permit or this Ordinance, consistent with Section
8.45.070, Authority to Inspect.
2. Where deemed necessary by the Director to ensure
compliance with Permit requirements, upon completion of
all requirements of a Tree Clearing Permit, the applicant
shall request a fmal inspection by contacting the Director
The permit process is complete upon final approval by the
Director
F REMEDIAL MEASURES REQUIRED
In addition to penalties provided for in Section 8.3 of this Ordinance, the
Director may require any person conducting vegetation clearing in
violation of this Ordinance to mitigate the impacts of clearing by carrying
out remedial measures. The following provisions shall apply in instances
where such remedial measures are required.
1 The applicant shall satisfy the permit provisions as
specified in Sections 7 1 through 7 7
2. Remedial measures must conform to the purposes and
intent of this Ordinance. In addition, remedial measures
must meet the standards specified in Sections 7.8, 7 10, and
711, applicable standards for mitigation outlined in the
Sensitive Areas Ordinance.
3 Remedial measures must be completed to the satisfaction
of the Director within 6 months of the date a Notice and
Order is issued pursuant to Section 8.45.040, or within the
time period otherwise specified by the Director
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4 The cost of any remedial measures necessary to correct
violation(s) of this Ordinance 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 Section 7 7
8.3 PENALTIES
The penalty for a violation of any provision of this Ordinance shall be as established by
Chapter 8.45, Civil Violations, EXCEPT that the civil penalty shall be up to $500 for each
day that a violation exists.
SECTION IX. GENERAL ADMINISTRATIVE PROVISIONS
9.1 LIABILITY.
A. Liability for any adverse impacts or damages resulting from work
performed in accordance with a Tree Clearing Permit issued on behalf of
the City within the City limits, shall be the sole responsibility of the owner
of the site for which the Permit was issued.
B Issuance of a Tree Clearing Permit and /or compliance with Permit
provisions or conditions shall not relieve an applicant from any
responsibility otherwise imposed by law for damage to persons or property
in an amount greater than the insured amount required under Section 7.6.
C. Nothing contained in this Ordinance shall be deemed to relieve any
property owner within the City limits from the duty to keep any tree or
vegetation upon his property or under his control in such condition as to
prevent it from constituting a hazard, or a nuisance per 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.
9.2 OTHER LAWS
A. Whenever conflicts exist between this Ordinance and federal, state or local
laws, ordinances or regulations, the more restrictive provisions shall apply
B Neither this Ordinance nor any administrative decisions made under it
exempts the applicant from procuring other required permits or complying
with the requirements and conditions of such a permit.
SECTION X. SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction such invalidity or unconstitutionality
shall not affect the validity or constitutionality of this Ordinance as a whole, or any other
section, provision, or part thereof not adjudicated to be invalid or unconstitutional and its
application to other persons or circumstances shall not be affected.
SECTION XI. EFFECTIVE DATE
The City Council finds that a public emergency exists necessary for the protection of the
public health, public safety, public property or public peace. Accordingly, 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 immediately after passage as provided by law This Interim
Tree Ordinance shall continue in effect for six (6) months from the date of adoption,
unless subsequently repealed, modified, or extended after a subsequent public hearing and
entry of appropriate findings of fact.
12
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this 2 /1/ day of �i�� S r 1994
ATTEST /AUTHENTICATED
e E. Cantu, City Clerk
A PPROVED AS TO FORM.
Office of the City Attorney
FILED WITH THE CITY CLERK.
PASSED BY THE CITY COUNCIL. 8 0702 y 7
PUBLISHED• 7- a 7
EFFECTIVE DATE. 2 7 y
ORDINANCE NO
Grp
John Rants, Mayor
J
13
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO 7/5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING INTERIM STANDARDS
FOR TREE CLEARING AND PLANTING, PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
On 5 ,2 ,2 15` the City Council of the City of Tukwila passed Ordinance
No. /7/.5 establishing interim minimum desired standards for vegetation clearing and planting
until a comprehensive tree ordinance is adopted, providing for severability, and setting an effective
date.
The full text of this ordinance will be mailed without charge to anyone who submits a written
request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times 9- 01
E. Cantu, City Clerk
v ,vo imay