Chapter 4.35
RIGHT-OF-WAY VEGETATION1
Sections:
4.35.005 Authority and enforcement.
4.35.030 Application permits required.
4.35.050 Public notice – Director’s decision.
4.35.090 Vegetation replacement.
4.35.100 Abuse or mutilation of vegetation prohibited.
4.35.120 Tree-root damage – Liability.
4.35.130 Violations deemed misdemeanor.
4.35.005 Authority and enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out the provisions of this chapter and has the authority to administer and enforce this chapter and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter or any such rule or regulation.
(Ord. No. 09-597, § 32, 1-6-09. Code 2001 § 13-220.)
4.35.010 Purpose.
This chapter shall be interpreted and implemented in a manner to:
(1) Facilitate the planting, maintenance, restoration, replacement, and survival of desirable trees, shrubs, and groundcover within public rights-of-way;
(2) Protect the public from personal injury and property damage caused or threatened by the improper planting, maintenance, or removal of vegetation;
(3) Promote the use of drought tolerant vegetation and the reduction in the use of irrigation systems; and
(4) Provide a process for the enhancement of views so long as such private view enhancement is not detrimental to the general public interest.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-201.)
4.35.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or 1.05.020 in that order.
“Maintain” or “maintenance” means mowing, trimming, pruning (but not including topping or tree removal), edging, root control, cultivation, reseeding, fertilization, spraying, control of pests, insects and rodents by nontoxic methods whenever possible, watering, weed removal, and other actions necessary to assure normal plant growth, performed in accordance with the standards of the right-of-way vegetation plan.
(Ord. No. 09-593, § 11, 1-6-09; Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-202.)
4.35.030 Application permits required.
Any person wishing to perform any vegetation work in a public right-of-way must file a right-of-way application with the city and obtain a right-of-way permit prior to commencing any work; provided, however, that owners or occupants of abutting property may maintain such property other than plant replacement without obtaining a permit; provided, further that the city and its employees, agents and representatives may perform such work without obtaining a permit. Permit fees will not be charged in connection with right-of-way applications made pursuant to this chapter except for applications requiring public notice under FWRC 4.35.050.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-221.)
4.35.040 Criteria.
The director may grant any vegetation permit application submitted pursuant to FWRC 4.35.030, if he or she finds all of the following criteria exist:
(1) The proposed vegetation work is consistent with achieving the purposes of this chapter pursuant to FWRC 4.35.010;
(2) The proposed work is consistent with the city’s comprehensive plan;
(3) The proposed work is consistent with the city’s intended use of the public right-of-way;
(4) The proposed work is consistent with the FWRC, the right-of-way vegetation plan and all other applicable statutes, laws, rules, policies, and regulations;
(5) The granting of the permit will not constitute a grant of a special privilege;
(6) If the proposed work is located within a designated environmentally sensitive area, all necessary environmental and sensitive area approvals have been granted pursuant to FWRC Titles 14 and 15, the State Environmental Policy Act as adopted by the city, and all other applicable environmental regulations, as now existing or hereafter amended or adopted;
(7) The granting of the permit will not be materially detrimental to the public welfare or injurious to property or improvements located in the area surrounding the abutting property; and
(8) The proposed vegetation work is consistent with the character of the neighborhood.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-222.)
4.35.050 Public notice – Director’s decision.
(1) General. The director shall distribute, by regular mail, a public notice of any vegetation right-of-way permit application to persons receiving the property tax statements for all property within 100 feet of the affected vegetation, whenever such application covers the removal or significant pruning of vegetation that is four inches in diameter measured at four and one-half feet above the ground; provided, however, that such public notice shall not be required for applications covering red alder, cottonwood, poplar, big leaf maple, or willow trees regardless of the tree size.
(2) Contents. The public notice shall contain the following information:
(a) The name of the applicant;
(b) The street address of the abutting property which is adjacent to the affected vegetation, or if this is not available, a locational description other than a legal description. The notice must also include a vicinity map that identifies the location of the vegetation;
(c) A citation of this chapter of the FWRC;
(d) A brief description of the proposed vegetation work;
(e) A statement of availability of the official file;
(f) A statement of the right of any person to submit written comments to the director; and
(g) A statement that only persons who submit written comments to the director within 14 calendar days from the date of the notice may appeal the director’s decision.
The director shall attach a proposed vegetation restoration plan to the public notice providing for the replacement or restoration of the vegetation which is proposed to be removed pursuant to the application.
(3) Decision. The director shall issue a written decision to either grant or deny the application and shall attach a final vegetation restoration plan to such decision. The director shall use the decisional criteria set forth in this chapter and shall consider all public comments in deciding upon the application. The director shall issue the decision within 14 calendar days after the close of the time period for public comments. The director shall include in the written decision any restrictions and conditions that he or she determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. The content of the director’s decision and the distribution thereof shall comply with the requirements of FWRC 19.65.090.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-224.)
4.35.060 Illegal vegetation.
No illegal or illegally manufactured, collected or delivered vegetation, as codified by the Revised Code of Washington or other applicable laws, rules and regulations, as now existing or hereafter adopted or amended, or carrying harmful diseases, such as worms, insects, caterpillars, or larvae shall be permitted within the city.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-225.)
4.35.070 Emergency.
In the event of an emergency, any person may take all reasonably necessary actions involving the maintenance, removal or cutting of any vegetation or street tree in order to prevent injury to persons or damage to property without prior permit approval. The director must be notified in a written report within three working days as to the nature and location of the emergency, and the action taken by the person.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-226.)
4.35.080 Interference.
It shall be unlawful for any person to prevent, delay or interfere with the city in designing, planting, maintaining, treating, cultivating, mulching, or removing any vegetation, or any other activity authorized by this chapter or other applicable law.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-227.)
4.35.090 Vegetation replacement.
No person shall remove or plant vegetation within a public right-of-way without replacing the removed vegetation in accordance with the right-of-way vegetation plan. The replacement vegetation shall be equivalent in number, size, quality, species, and placement as the removed vegetation, unless otherwise approved by the director. An exemption from the requirements of this section may be granted by the director if he or she finds that the proposed exemption is consistent with the criteria set forth in FWRC 4.35.040. The cost of such removal and replacement shall be borne by the person removing or causing the removal of such vegetation.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-245.)
4.35.100 Abuse or mutilation of vegetation prohibited.
No person shall intentionally damage, destroy or mutilate any vegetation located in any public right-of-way or other public place, or attach any rope or wire (other than used to support a young or broken tree), nail, sign, poster, handbill or other item to such vegetation, or allow any gaseous, liquid, or solid substance which is harmful to such vegetation to come in contact with the vegetation, or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of such vegetation; provided, however, that nothing in this section shall preclude either the owner or the occupant from removing or maintaining vegetation as required in this Code.
(Ord. No. 09-595, § 6, 1-6-09; Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-246.)
4.35.110 Topping.
No person may top any street tree located in public rights-of-way. The director may exempt the city and other persons from the provisions of this section when the street tree to be topped has been severely damaged by storms or other natural causes, or the street tree is located under utility wires or other obstructions where other pruning practices are impractical, or where the topping is necessary to preserve the public safety and welfare.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-247.)
4.35.120 Tree-root damage – Liability.
Any person who owns any tree or vegetation within private property, the roots of which cause injury to the public right-of-way or other public place, including, without limitation, damage to utilities located in the public right-of-way, sidewalks, or paved areas, shall be liable for any damage to public rights-of-way, or other public places, or utilities located therein by said trees or vegetation.
(Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-248.)
4.35.130 Violations deemed misdemeanor.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor. Damage to each item of vegetation is a separate violation. The value of damaged vegetation shall be calculated pursuant to the International Society of Arboriculture Tree Replacement Guide.
(Ord. No. 09-601, § 36, 1-6-09; Ord. No. 93-187, § 1, 9-21-93. Code 2001 § 13-251.)
Cross reference: Penalty, FWRC 7.05.100; environmental protection, FWRC Titles 14 and 15.