Chapter 18.57
TREE MANAGEMENT AND PROTECTION
Section:
18.57.015 Findings and purpose.
18.57.050 Tree protection plan required.
18.57.060 Tree density requirement.
18.57.063 Exceptional tree protections.
18.57.070 Tree protection plan review procedure.
18.57.080 Tree protection plan review standards.
18.57.085 Tree windthrow evaluation and prevention.
18.57.090 Tree protection during construction.
18.57.100 Post-construction replacement, financial guarantee and maintenance requirements.
18.57.110 Penalties, enforcement.
18.57.010 Title.
This chapter shall be known and may be cited as the Kenmore tree management and protection code. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 11-0329 § 3 (Exh. 1).]
18.57.015 Findings and purpose.
A. Reducing soil erosion and water pollution in the City’s streams and creeks by providing wind breaks, slowing the surface movement of water, reducing the amount of stormwater runoff, and stabilizing soil with their roots and fallen leaves;
B. Improving air quality by removing pollutant gases and airborne particles;
C. Positively affecting energy and water conservation by providing shade, lowering temperatures, and reducing net evaporation rates;
D. Reducing noise pollution by absorbing and deadening excessive and/or unwanted noise and by screening the source of the noise from view; and
E. Providing a wide variety of habitats and ecosystems for birds, mammals, and other wildlife;
F. Accordingly, the purpose of this chapter is to establish a process and standards to:
1. Increase the livability of an area by helping to screen people and buildings from wind and inclement weather;
2. Create a special sense of identity, a sense of community and civic pride, and a memorable place to live and work;
3. Preserve and enhance the City’s physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees;
4. Promote site planning, construction practices, and horticultural practices that are consistent with the reasonable use of property;
5. Implement the goals and objectives of the City’s comprehensive plan; and
6. Implement the goals and objectives of the City’s parks and recreation master plan. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 11-0329 § 3 (Exh. 1).]
18.57.030 Applicability.
A. No individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit, however designated, shall directly or indirectly remove or destroy any tree as defined in this title within the City, without first obtaining a clearing permit as provided in KMC Title 15.
B. Unless otherwise exempted in KMC 18.57.035, any site subject to development, including the division of a parcel of land into two or more parcels, within the City shall comply with the requirements of this chapter.
C. Approval of a tree protection plan pursuant to the provisions of this chapter shall not discharge the obligation of the applicant to otherwise comply with the applicable provisions of this chapter.
D. When any provision of any other chapter of the Kenmore Municipal Code conflicts with this chapter or when the provisions of this chapter are in conflict, that provision which provides more protection for individual trees and groves of trees shall apply unless specifically provided otherwise in this chapter or unless such provision conflicts with federal or state laws or regulations. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 11-0329 § 3 (Exh. 1).]
18.57.035 Exemptions.
A. The following land uses are exempt from the provisions of this chapter. However, compliance with other applicable provisions of the Kenmore Municipal Code including but not limited to then-current critical area regulations per Chapter 18.55 KMC and then-current clearing regulations per Chapter 15.25 KMC is still required:
1. Agriculture, meaning the use of the land for the primary purpose of deriving income from growing plants or trees on land including, but not limited to, land used principally for fruit or timber production, but not including land used principally for another use and only incidentally for growing trees or plants for income.
2. Commercial nursery or tree farm, but only those trees which are planted and growing on the premises of a licensed retailer or wholesaler for sale to the general public. Other trees on such premises shall remain subject to this chapter.
3. Residential Development.
a. All existing lots on which are to be situated new single detached dwelling units in residential zones based on tree removal limits established by clearing requirements.
b. All existing lots on which are situated existing detached dwelling units in residential zones based on tree removal limits established by clearing requirements.
c. Residential development is not exempt from the provisions of KMC 18.57.063, Exceptional tree protections.
4. Downtown Commercial and Downtown Residential Zones. All development occurring within core areas designated as downtown commercial and downtown residential zones. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 11-0329 § 3 (Exh. 1).]
18.57.050 Tree protection plan required.
A. Requirement Established. Except for the exemptions enumerated in this chapter, no individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit, however designated, shall remove, transplant, or destroy, or cause to be removed, transplanted, or destroyed, on any land in the City, any tree as defined in this chapter, without first obtaining the city manager’s approval of a tree protection plan and receiving a clearing permit from the City. For sites proposed for land development, including the division of a parcel of land into two or more parcels, having trees below the minimum tree density, even though no trees are proposed to be removed, a tree protection plan is required to bring the site up to the minimum tree density standard herein established.
B. Submittal of Tree Protection Plan. Where the site proposed for development requires site or plat or short plat review, the tree protection plan shall be submitted concurrent with a site plan or plat or short plat application.
C. Tree Protection Plan Requirements. Attached to the applicant information and site plan information required for the clearing permit application, the applicant shall include the following tree protection plan information:
1. Tree Survey. For all development proposals, a tree survey, drawn to scale by a land surveyor licensed in Washington State, identifying the exact location and conditions of existing trees as defined in this title and containing the following information:
a. Common and botanical name of each tree.
b. Trees proposed to remain and to be removed.
c. Groves with indication of predominant species, number of trees and size of d.b.h.
d. Any off-site tree with a root protection zone which could be adversely affected by the proposed activity.
e. The location and dimensions of established and proposed perimeter landscaping, natural vegetation easements, and open space areas for public, private, or community use.
f. Net buildable areas.
g. Critical areas and their buffers.
h. Stormwater tracts.
i. Limits of construction line.
j. North arrow, scale, and date of survey.
2. An assessment of tree windthrow potential as described in KMC 18.57.085, along with any proposed mitigation measures to minimize windthrow. These measures shall be incorporated into the proposed tree protection plan described in subsection (C)(5) of this section.
3. A statement describing how trees intended to remain will be identified, marked, and protected before the start of and during development as further described in KMC 18.57.090.
4. A statement that describes replacement tree quality as conforming to the American Standards for Nursery Stock (ANSI).
5. Proposed Tree Protection Plan. The permit applicant shall have a qualified tree protection professional prepare recommendations for the tree protection plan. The tree protection plan shall be drawn to scale using the tree survey as a base and containing the following information:
a. The exact location, common name, botanical name, and condition of protected trees.
b. The exact location, common name, botanical name, and caliper of each tree species to be planted.
c. The site minimum tree density calculation indicating the total number, size, and species of existing trees to be preserved and the replacement trees to be planted as described in KMC 18.57.060.
d. The site replacement tree calculation as described in KMC 18.57.060 with an explanation including the number, caliper, and species.
e. The location, materials, dimensions, and layout of the protective barriers.
6. Submit a bond quantity worksheet on forms provided by the department.
7. Additional Information. Any additional or more detailed information required by the city manager to ensure compliance with the provisions of this chapter (i.e., aerial photograph). The city manager may waive the requirements for the scaled drawing and other submission data if he finds that the information presented is sufficient to determine the project’s compliance with the provisions of this chapter. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 15-0409 § 1 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]
18.57.060 Tree density requirement.
A. Minimum Tree Density Requirement Established. A minimum tree density is required on each site. The tree density may consist of existing trees (provided they are not cottonwood, alder, or holly trees), replacement trees, or a combination of existing and replacement trees. The site density of trees to be protected on each site shall be determined prior to approval of a tree protection plan or clearing permit, by the city manager.
B. Tree Density Calculation. The minimum tree density required for each site is 30 tree units per acre of net buildable area.
1. To calculate the density of trees to be protected:
a. Obtain the d.b.h. measurement in inches for each protected tree within the net buildable area.
b. Go to Table 18.57.060A and select the tree unit value that corresponds to the d.b.h. for each protected tree.
c. Add up the tree unit values for all protected trees and divide by the total acreage of the net buildable area. This value must equal or exceed 30 tree units per acre of net buildable area. If the total is less than 30 tree units per acre, more trees must be protected or replacement trees will be required.
d. If replacement trees are planted as groves within designated tracts, then applicant may reduce total tree units required by 10 percent.
|
d.b.h. |
Tree Units |
d.b.h. |
Tree Units |
|---|---|---|---|
|
1 – 5 |
1.0 |
30 |
8.2 |
|
6 – 10 |
1.2 |
31 |
8.6 |
|
11 |
1.4 |
32 |
9.0 |
|
12 |
1.8 |
33 |
9.5 |
|
13 |
2.0 |
34 |
10.0 |
|
14 |
2.3 |
35 |
10.5 |
|
15 |
2.6 |
36 |
11.0 |
|
16 |
2.9 |
37 |
11.5 |
|
17 |
3.2 |
38 |
12.0 |
|
18 |
3.5 |
39 |
12.5 |
|
19 |
3.8 |
40 |
13.0 |
|
20 |
4.2 |
41 |
13.5 |
|
21 |
4.6 |
42 |
14.0 |
|
22 |
5.0 |
43 |
14.5 |
|
23 |
5.4 |
44 |
15.0 |
|
24 |
5.8 |
45 |
15.5 |
|
25 |
6.2 |
46 |
16.0 |
|
26 |
6.6 |
47 |
17.0 |
|
27 |
7.0 |
48 |
18.0 |
|
28 |
7.4 |
49 |
19.0 |
|
29 |
7.8 |
50 |
20.0 |
|
For every one inch greater than 50 d.b.h., add an additional 2 tree units (i.e., 62 d.b.h. = 44 tree units). |
|||
C. Replacement Tree Requirement. If the number of existing trees is not enough to meet the minimum of 30 tree units per acre, a sufficient number of replacement trees shall be planted to meet the minimum requirement. To determine the total number of replacement trees required:
1. Obtain the caliper measurement for each replacement tree. Replacement trees are measured differently than protected trees. Instead of measuring d.b.h. as in protected trees, replacement trees are measured by caliper in inches according to industry standards (ANSI). Caliper on replacement trees is measured six inches above the ground line for four-inch and smaller trees, and 12 inches above ground for larger replacement trees.
2. Go to Table 18.57.060B and select the tree unit value that corresponds to the caliper for each replacement tree.
3. Add the replacement tree unit values together to determine how many of that size tree will be required to achieve the minimum site density. See Table 18.57.060C for an example.
|
Deciduous Tree Caliper in Inches |
Tree Units for Deciduous Trees |
Coniferous Tree Height in Feet |
Tree Units for Conifers |
Tree Units for Native Conifers |
|---|---|---|---|---|
|
1.5" |
0.4 |
4' – 6' |
0.5 |
0.8 |
|
2" |
0.5 |
6' – 8' |
0.7 |
1.0 |
|
3" |
0.6 |
8' – 10' |
1.0 |
1.5 |
|
4" |
0.7 |
11' – 12' |
1.5 |
2.0 |
|
5" |
0.8 |
|
|
|
|
6" |
1.0 |
|
|
|
|
7" |
1.2 |
|
|
|
|
8" + |
1.5 |
|
|
|
Table 18.57.060C Sample Tree Density Calculation.
The required density factor is calculated below as follows for five acres: five acres x 30 units = 150 tree units required.
Existing density (ED):
|
Size |
Quantity |
Total Units |
Size |
Quantity |
Total Units |
|---|---|---|---|---|---|
|
24" |
3 |
17.4 |
12" |
5 |
9.0 |
|
18" |
3 |
10.5 |
8" |
6 |
7.2 |
|
10" |
4 |
4.8 |
15" |
8 |
20.8 |
|
30" |
7 |
57.4 |
4" |
10 |
10.0 |
|
|
|
|
|
Total ED |
137.1 |
Replacement density (RD):
|
Size |
Units |
Quantity |
Total Units |
|---|---|---|---|
|
2" Deciduous |
0.5 |
12 |
6.0 |
|
4" Deciduous |
0.7 |
6 |
4.2 |
|
4' – 6' Native Conifer |
0.8 |
5 |
4.0 |
|
|
|
Total RD |
14.2 |
|
ED + RD = |
Site Total Tree Density |
> |
or |
= |
Minimum Density Required |
|
|---|---|---|---|---|---|---|
|
137.1 + 14.2 = |
151.3 |
> |
|
|
150 |
Density Satisfied |
The sum of the ED and RD must be greater than or equal to the minimum density required. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 11-0329 § 3 (Exh. 1).]
18.57.063 Exceptional tree protections.
A. Prohibited Activities. The following activities are prohibited with regard to exceptional trees.
1. Removal, in whole or in part.
2. Harming, injuring, or damaging the tree, including cutting its bark or branches with a knife, axe, hatchet, saw, or any other similar device or object.
3. Pouring toxic material on the tree or on the ground near enough to the tree to affect its health.
4. Burning the tree or causing a fire near enough to the tree to affect its health.
5. Topping.
6. Pruning beyond the standards provided by the Tree Care Industry Association at ANSI300 Part 1.
7. Attaching any sign, poster, notice, or other object to the tree, or fastening any guy wire, cable, rope, nails, screws, or other device to the tree, with the following exceptions:
a. To support young or broken trees;
b. For residential uses (e.g., treehouses, tire swings, etc.);
c. The City may tie temporary signs or banners associated with street improvement, parades, seasonal lighting, or other City activities.
B. Variance. Exceptional trees may be removed only as allowed in this section.
1. Variances from the exceptional tree standards of this chapter may be authorized by the city manager in accordance with the approval criteria described in this section. A variance for removal of exceptional trees is a Type 2 land use decision, pursuant to KMC 19.25.020, except as described in subsection (B)(2)(a)(3) of this section.
a. Prior to commencing with the removal the owner shall obtain a permit from the City.
b. No variance is allowed in order to create additional lots.
c. Decision Criteria.
(1) Necessary for Rights or Use – Private Development Proposals. Such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated properties but which because of the presence of exceptional tree(s) is denied to the property in question. For a variance to be granted under this section, the applicant must demonstrate compliance with the reasonable use exception approval criteria established in KMC 18.55.180(A)(1)(a) through (g). The phrase “exceptional tree” shall replace the phrase “critical area” when utilizing said criteria for a variance under this section;
(2) The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvement;
(3) The granting of the variance is consistent with the general purpose and intent of the City’s comprehensive plan and adopted development regulations.
d. City Manager Review. The city manager shall review the application. The city manager shall approve, approve with conditions, or deny the request based on the proposal’s ability to comply with all of the variance criteria in this section.
e. Burden of Proof. The burden of proof shall be on the applicant to bring forth evidence in support of the application and to provide sufficient information on which any decision has to be made on the application.
f. Time Limit.
(1) Establishment of any activity authorized pursuant to an exceptional tree variance shall occur within four years of the effective date of the decision for such variance. This period may be extended for one additional year by the city manager if the applicant has submitted the applications necessary to authorize the development activity and has provided written justification for the extension.
(2) For the purpose of this subsection, “establishment” shall occur upon the issuance of all local permit(s) needed to begin the development activity; provided, that the improvements authorized by such permits are completed within the time frames of said permits.
g. Mitigation Requirements.
(1) To the extent feasible, exceptional trees removed under a variance shall be replaced at a ratio of three replacement trees for each exceptional tree removed (3:1).
(2) If on-site replacement is not feasible, off-site replanting on public property with the City’s written permission.
(3) Whether planted on-site or off-site, replacement trees shall be of a species listed in Table 1 at KMC 18.20.3083 and must remain viable for a minimum of five years after planting or themselves be replaced at a 1:1 ratio.
(4) Notwithstanding the foregoing, replacement trees under this chapter are considered significant trees pursuant to KMC 18.20.2730, regardless of diameter at breast height (d.b.h.).
(5) Notice on title.
(a) In order to inform subsequent purchasers of real property of the existence of replacement trees and their required viability period, the owner of any property containing replacement trees planted as mitigation for the removal of exceptional trees shall file a notice with county records and elections division according to the direction of the City. The notice shall state the presence of the replacement trees on the property and the date until which they must remain viable, of the application of this chapter to the property, and the fact that limitations on actions affecting the trees may exist. The notice shall run with the land.
(b) This notice on title shall not be required for:
(A) A development proposal by a public agency or utility;
(B) Within a recorded easement or right-of-way;
(C) Where the agency or utility has been adjudicated the right to an easement or right-of-way; or
(D) On the site of a public facility.
(c) The applicant shall submit proof that the notice has been filed with the county records and elections division (i.e., copy of document recorded on title).
2. Hazardous Trees.
a. The removal of hazard exceptional trees shall comply with the following:
(1) Prior to commencing with the removal the owner shall obtain a permit from the City.
(2) The burden of proving the hazardous nature of the tree lies with the property owner. The property owner shall provide the City with a report, prepared by an International Society of Arboriculture (ISA) certified arborist with a current Tree Risk Assessment Qualification (TRAQ), documenting that the tree(s) has a “high” or “extreme” risk and no other mitigation measure will reduce the risk below “high.”
(3) Emergency Tree Removal. Where tree removal is necessary to prevent or correct an immediate threat to public health, safety, property, or welfare is performed in an emergency situation, the permit application, evidence of the threat, and a tree risk rating of “high” or “extreme” prepared by a qualified tree protection professional shall be submitted within the next business working day to the City. Emergency tree removal, as described here within, is exempt from the Type 2 decision process.
b. Mitigation Requirements.
(1) The removal of hazardous, dying, or dead exceptional trees shall be mitigated by planting one replacement tree, unless otherwise provided in KMC 18.55.150(E)(2).
(2) Replacement trees must be of a species listed in Table 1 at KMC 18.20.3083 and must remain viable for a minimum of five years after planting or themselves be replaced at a 1:1 ratio.
3. Private Access.
a. Prior to commencing with the removal the owner shall obtain a permit from the City.
b. Exceptional trees may be removed where necessary to provide for access to development sites, provided there are no feasible alternative alignments. Alternative access must be pursued to the maximum extent feasible.
4. Public Facilities.
a. The City reserves the right to remove exceptional trees where necessary for roads, bridges, utilities, and facilities.
b. Exceptional tree removal by private utilities require a tree removal permit and right-of-way use permit.
c. Exceptional trees removed under this section are subject to the mitigation requirements described in subsections (B)(1)(g)(1) through (4).
C. Modification to Standards to Protect Exceptional Trees.
1. For single-family residential subdivisions and short subdivisions on sites in the R-4 zone that contain exceptional trees, the minimum lot size may be reduced to 5,400 square feet with no limitation on the percentage of smaller lots, regardless of KMC 18.21.030, Footnote 16. The lot area shall exclude access easements and access panhandles.
2. Unless it would be unreasonable to do so based on the use of neighboring properties, the city manager may reduce setbacks in residential zones regulated by Chapter 18.21 KMC to 10 feet, and setbacks in other zones to five feet, in order to maximize the protection of an exceptional tree and avoid exceptions or variances.
D. Penalties.
1. Civil Penalty. The penalty for removal of an exceptional tree or any other activity prohibited under subsection A of this section shall be a civil penalty of up to $2,500 per inch in d.b.h. of the tree removed with a maximum fine of $150,000. In no case shall the penalty be reduced to less than $10,000 total. For example, the monetary penalty for a 30-inch d.b.h. Douglas fir removed results in a maximum penalty of $75,000. If the violation is found to have been willful or malicious, as determined by the city manager, the amount of the penalty may be doubled as punitive damages and the violator may be subject to criminal penalties under KMC 18.57.110(B).
2. In addition, any person found to be in violation of this section shall plant three replacement trees for each exceptional tree removed. Replacement trees shall be a species listed in Table 1 at KMC 18.20.3083 and must remain viable for a minimum of five years after planting or themselves be replaced by the offender at a 1:1 ratio. In order to inform subsequent purchasers of real property of the existence of replacement trees and their required viability period, a notice will be filed on the title by the same procedure outlined under subsection (B)(1)(g)(4) of this section. [Ord. 23-0593 § 4 (Exh. B).]
18.57.065 Significant tree grove retention in the urban residential zone, downtown commercial zone east of 73rd Avenue NE, public and semi-public zone abutting SR-522, and the urban corridor zone, east subarea.
A. Definitions.
1. Significant Tree Grove Definition. A “significant tree grove” shall consist of two or more trees with a minimum of five and one-half tree units total. A qualifying tree has two tree units minimum. The maximum distance measured in feet between qualifying trees shall be equal to two times the critical root zone in order to be defined as a significant tree grove. For example a 24-inch d.b.h. tree must be within 24 feet of another tree in the grove to be included in the significant tree grove. A tree of any size that is topped or considered a “hazard tree” as defined in KMC 18.20.3084 may not qualify as part of a significant tree grove as herein defined. For purposes of this chapter, a significant tree grove may not contain trees that are located within a critical area or critical area buffer protected under Chapter 18.55 KMC. A significant tree grove is not the same as a “grove,” as defined in KMC 18.20.1273.
2. Tree Units. See KMC 18.57.060(A) for translation of diameter at breast height (d.b.h.) to tree units.
B. Applicability.
1. Development proposals in the urban residential zone, downtown commercial zone east of 73rd Avenue NE, public and semi-public zone abutting SR-522, and the urban corridor zone, east subarea shall be eligible to benefit from providing less parking or more dwelling units or any combination of the two if the development retains one or more significant tree grove(s) as defined in this section in perpetuity. A development may be able to benefit from both reduced parking and additional dwelling units by preserving a significant tree grove so long as the same tree credits are not counted towards both reductions in parking and additional bonus dwellings. Trees or groves retained through other provisions of this chapter may count towards the significant tree grove retention if they meet the definitions found in subsection A of this section.
2. Tree on Property Line. In instances where one or more trees that would qualify as part of a significant tree grove is located on a property line such that the tree is on more than one property, and the properties are in separate ownerships, the tree shall qualify to be counted as part of a separate tree grove by each property owner.
C. Reduced Parking. In order to retain qualifying significant tree groves, required parking may be reduced at the maximum rate of one stall per each five and one-half tree units. Parking quantities may be reduced up to a maximum of 20 percent from the parking requirement after other reductions are applied, if any.
D. Residential Bonus Units. In order to retain qualifying significant tree groves, residential units are offered at the rate of one bonus unit per each 11 tree units preserved. Grove bonus units are not included in maximum unit density calculations. Grove bonus units are not subject to the affordability requirements of KMC 18.27.020 and Chapter 18.77 KMC.
E. Significant Tree Grove Preservation Requirements.
1. Tree Protection Plan Required. A tree protection plan as identified in KMC 18.57.050 shall be required for any development application proposing to protect one or more significant tree groves through this section.
2. Recorded on Title. The map of significant tree groves preserved through this section, along with a covenant preventing removal, shall be recorded and shown on the property title.
3. Subject to Tree Protection Measures of Chapter 18.57 KMC. Significant tree groves protected under this section shall be subject to the tree protection measures during construction found in KMC 18.57.090, the post-construction replacement, financial guarantee, and maintenance requirements of KMC 18.57.100, and the penalties and enforcement of KMC 18.57.110.
Exception: This section, as adopted by Ordinance No. 23-0574, shall not apply to certain real properties located within the area of the transit oriented development (TOD) district overlay as identified in KMC 18.29.020 and Figure 18.29.020.1, and as further identified by the following tax parcel numbers (TPN): TPN 011410-0889, TPN 011410-0881, TPN 011410-0870, TPN 011410-0885, TPN 011410-0865, TPN 011410-0860, and TPN 011410-0855. [Ord. 23-0593 § 4 (Exh. B); Ord. 23-0574 § 2 (Exh. A).]
18.57.070 Tree protection plan review procedure.
A. Departmental Review. The city manager shall review the tree protection plan and clearing permit application to determine whether the applicant has provided all required information. Completed applications shall be referred to appropriate City departments for review. Upon request of either the applicant or the City, the City may conduct field inspections or review meetings. City departments involved in the review and/or inspections shall submit their report(s) and recommendation(s) to the city manager.
B. Evaluation for Compliance. The city manager may require an evaluation by a qualified tree protection professional, a qualified engineer, landscape architect, soils engineer, testing lab, or other specialist at any time during the tree protection plan review process or tree removal inspection as necessary to ensure compliance with the provisions of this chapter and/or the terms of the clearing permit. Individual applicants will be responsible for payment to the City of the actual cost to the City of this evaluation. The actual costs of any such evaluation shall be paid to the City within 30 days of receipt of the City’s invoice.
C. Financial Guarantees. For all projects required to have a tree protection plan, financial guarantees shall be required consistent with the provisions of KMC 21.20.070; provided, however, that to the extent that the financial guarantee requirements of KMC 18.57.100 are more protective of tree preservation, performance and maintenance, then the more protective requirements shall prevail. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 11-0329 § 3 (Exh. 1).]
18.57.080 Tree protection plan review standards.
The following standards shall govern the approval of a tree protection plan and the granting or denial of an application for clearing permit:
A. Design. Development shall be designed, located, and conducted so as to minimize the loss of healthy groves and protected trees as identified by a qualified tree protection professional, degradation of wildlife habitat as identified through environmental review, and the potential for erosion and slope failure.
B. Tree Protection Priority. In designing a development project and in meeting the required minimum tree density, the applicant shall protect trees within the net buildable area as described in KMC 18.57.060(B)(1), in the following order of priority. Trees to be preserved and protected must be healthy and vigorous, wind-firm, and not in conflict with utilities.
1. Exceptional trees.
2. Groves.
3. Individual trees which provide wildlife habitat as identified through environmental review.
4. Individual trees and groves which occur within required setbacks.
5. Trees that protect against windthrow, including trees sheltering interior trees or trees on adjacent property from strong winds that could otherwise cause them to blow down.
6. Trees which provide a buffer and separate incompatible uses or reduce sound and wind levels.
C. Replacement Tree Planting Conditions. Replacement trees should be planted in areas with soil, climate, exposure, and moisture conditions appropriate to the replacement tree species’ growing requirements as determined by a qualified tree protection professional, licensed landscape architect, or certified nurseryman.
D. Replacement Tree Planting Location Priority. On sites where the number of existing trees falls below the minimum density requirements, then replacement tree planting shall be required. The applicant’s proposed location of transplanted or replacement trees shall be subject to review by a qualified tree protection professional, licensed landscape architect, or certified nurseryman, and City approval as part of the tree protection plan. Replacement trees should be planted according to the following priority:
1. On-Site.
a. Designated Tracts. Trees located in separate deeded tree tracts specifically set aside for the preservation and planting of trees and/or the required recreation open space area if trees do not interfere with recreation activities.
b. Perimeter Landscaping. In which case, replacement trees shall not count toward and shall be in addition to perimeter landscape requirements.
c. Landscaping. This may include entrance landscaping, traffic islands, and other common open space areas. Trees located in a public right-of-way may be credited as replacement trees only if street trees are not a requirement.
2. Off-Site. In cases where an applicant believes that lot size prevents installation of the required number of trees, the applicant may propose to the City payment of a fee in lieu for installation of trees in a public park or other public space. The city manager shall review and make the final decision on the applicant’s proposal, based on a recommendation from a qualified tree protection professional.
E. Replacement Conifer Tree Types. Replacement trees shall be of a similar type of genus to the conifer trees that are removed; i.e., a western red cedar (Thuja plicata) may be replaced with a tree in the genus Thuja, such as an American arborvitae (Thuja occidentalis). [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 15-0409 § 1 (Att. A); Ord. 11-0329 § 3 (Exh. 1).]
18.57.085 Tree windthrow evaluation and prevention.
A. Increased tree windthrow potential as a result of impacts to trees on a site shall be evaluated based on the following risk factors:
1. Root system disruption that will extend within an area one to two and one-half times the radius of the canopy;
2. Topography of the site;
3. Whether the tree is deciduous or evergreen;
4. Height of the tree relative to the neighboring trees;
5. Whether the tree is part of a grove.
B. The windthrow evaluation shall be conducted as part of the preparation of the tree protection plan (see KMC 18.57.050) based on the aforementioned risk factors. The assessment shall be conducted by a qualified tree protection professional. This assessment also shall evaluate increased windthrow potential for trees on neighboring lots that are within 50 feet of the closest trees being removed on the site, including trees that share a root system with tree(s) on the site.
C. Tree Protection Plan.
1. When significant windthrow potential is identified for trees that could impact neighboring properties or are on neighboring properties, the applicant shall identify measures to minimize windthrow as part of the tree protection plan. Measures could include but are not limited to demonstrating that the critical root zone (CRZ) fencing is adequate to prevent root disruption or that the CRZ is expanded to provide root protection; saving groves when applicable; taking steps to preserve existing grades around trees; and/or tunneling rather than trenching for utilities. The City may deny a request to remove a tree(s) if mitigation measures are inadequate to minimize windthrow.
2. If potential windthrow damage is for the site itself, the applicant shall identify measures to reduce impacts to future structures on the site. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 15-0409 § 2 (Att. B).]
18.57.090 Tree protection during construction.
Prior to initiating tree removal and any clearing and grading on the site, trees to be protected and preserved shall be protected from potentially damaging activities as follows unless otherwise approved by the City.
A. Critical Root Zone (CRZ). The CRZ of individual trees, groves, or otherwise designated protected tree areas shall include no less than the area of a circle with a radius that extends one foot out from the tree for every inch of trunk d.b.h., or the area of a circle with radius extending from a tree’s trunk to a point no less than the end of a tree’s longest branch, whichever is greater (see Figure 18.57.090A).
B. Tree Protection Fence (TPF). Before development, the applicant:
1. Shall place three inches of composted woodchips over the CRZ of all retained trees to retain moisture, increase organic matter, and visually establish the CRZ.
2. Shall erect and maintain readily visible protective tree fencing a minimum of three feet beyond the outer edge of the CRZ for all individual trees, groves, or other designated protected tree areas.
a. Fencing shall completely surround the required tree protection area. The city manager may allow adjustments to placement of the TPF based on an evaluation of the tree, soils, and proposed disturbance.
b. Fencing shall be a minimum of four feet high and may be higher if needed to ensure clear visual delineation. Chain-link fence or orange plastic fence fastened to steel stakes/posts driven securely into the ground shall be required in order to discourage easy movement.
c. Any deviation from the tree fencing methods listed above must be authorized in writing by the city manager in advance.
3. Shall keep the protective fencing in place until the City authorizes the removal or issues a final certificate of occupancy, whichever occurs first.
4. Shall ensure that any landscaping done within the root protection zone subsequent to the removal of the fence shall not disturb existing trees including roots within the CRZ.
C. Placing Materials Near Tree. During development, no individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit, however designated, may conduct any activity within the TPF of any tree designated to remain, except as specified in this section.
D. Attachments to Trees. During development, no individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit, however designated, shall attach any object to any tree designated for protection.
E. Grade.
1. The grade shall not be filled or cut within the CRZ of any tree designated to remain without prior review by a qualified tree protection professional and advance, written approval from the city manager.
2. The applicant shall not install an impervious surface within the protective barrier of any tree designated to remain without the advance, written authorization of the city manager.
3. To the greatest extent practical, utility trenches shall be located outside of the root protection zone of trees to be retained. Boring or tunneling under the CRZ may be considered an alternative, but shall require the advance, written approval of the city manager.
4. Trees and other vegetation to be retained shall be protected from erosion and sedimentation.
F. Additional Requirements. The city manager may require additional tree protection measures which are consistent with accepted urban forestry practices.
Figure 18.57.090A Critical Root Zone.
This section shows a cross-section of the typical root zone for a deciduous tree. Eighty-five percent of the tree’s roots are within the top 18 inches of the soil. Roots typically spread up to two times the height of the tree and sometimes more. However, the critical mass of roots is usually found within the critical root zone. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 11-0329 § 3 (Exh. 1).]
18.57.100 Post-construction replacement, financial guarantee and maintenance requirements.
A. Replace Damaged, Dead, or Dying Trees. Replacement trees or groves that are damaged or die within a period of three years after planting or transplanting must be replaced in kind at a ratio of one-to-one within six months of the tree’s death or the date of discovery of the damage. Existing trees that are damaged or die within a period of three years after completion of construction activities and as a cause of construction activities as determined by a qualified tree protection professional shall be replaced in kind at a ratio of two-to-one within six months of the tree’s death or date of discovery of the damage.
B. Replacement Tree Quality. Replacement trees shall conform to the American Standards for Nursery Stock, ANSI.
C. Tree Maintenance. All trees shall be maintained in accordance with International Society of Arboriculture guidelines and standards.
D. Financial Guarantee Required. A financial guarantee as defined and regulated under KMC Title 21 shall be required as a mechanism to cover any potential cost associated with replacing dead or dying replacement or existing trees required to satisfy tree unit requirements per this section.
1. A financial guarantee shall be required for all plans requiring 15 or more tree units.
2. Calculation of the amount of the financial guarantee shall be computed based upon equivalent tree replacement value for all replacement and existing trees on the property as determined by a qualified tree protection professional using the most recent edition of the Guide for Plant Appraisal published by the International Society of Arboriculture, in collaboration with the Council of Tree and Landscape Appraisers. Fair market value shall be posted. Fair market value includes the value of the tree(s), installation, and maintenance until establishment that would be required to compensate for the trees that could be lost.
3. The financial guarantee period for maintenance shall be three years, plus an additional 60 days.
4. Release of Financial Guarantee.
a. Upon successful tree replacement and establishment as determined by the written approval of the City and consistent with Chapter 21.15 KMC, the financial guarantee required by this section shall be released.
b. The City, in its discretion, may release a financial guarantee under this section when fee simple title is transferred. The City may condition the release of the existing financial guarantee upon establishment of a new financial guarantee by the new owner in fee simple. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 11-0329 § 3 (Exh. 1).]
18.57.110 Penalties, enforcement.
A. Civil Penalty. Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.15 KMC, and is subject to the enforcement procedures of Chapter 1.20 KMC; provided, however, that an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit, however designated, who removes any tree in violation of this chapter shall be assessed the following civil penalty:
An individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit, however designated, removing a tree in violation of this chapter shall be assessed a monetary penalty of up to $2,000 per inch in diameter at breast height (d.b.h.) of the tree removed. For example, the monetary penalty for a 20-inch d.b.h. tree removed results in a maximum penalty of $40,000. In no case shall the penalty be reduced to an amount less than $500.00 for each violation found committed. The extent of the penalty shall be determined by the city manager in consideration of reasonable factors. Monetary penalties shall increase with each violation. The city manager is authorized to adopt polices setting forth the reasonable factors for consideration under this subsection. This section shall not apply to the removal of exceptional trees, which penalties are set forth in KMC 18.57.063.
B. Criminal Penalty. In addition to or as an alternative to incurring civil liability under this section, an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit, however designated, who violates any provisions of this chapter shall be guilty of a misdemeanor and subject to the criminal penalties set forth in Chapter 1.15 KMC, and shall be subject to the procedures of the City’s criminal code, KMC Title 9.
C. Separate Offense. Every individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit, however designated, violating any provision of this chapter is guilty of a separate offense for each and every day during any portion of which the violation is committed, continued or permitted by any such individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of any governmental unit, however designated. [Ord. 23-0593 § 4 (Exh. B); Ord. 22-0547 § 4 (Exh. B(II)); Ord. 11-0329 § 3 (Exh. 1).]