Chapter 19.06 TREE CONSERVATION

A. Promote the preservation and growth of healthy, vigorous trees in the city of Port Townsend. The known benefits associated with trees and tree cover include, but are not limited to, the filtration of groundwater; the reduction of surface water runoff; flood control; the provision of fish and wildlife habitat; the maintenance of water quality; the cleansing of the air; the abatement of noise; and the conservation of energy.

B. Recognize that healthy older trees provide substantially more canopy and benefits than newly planted trees.

C. Acknowledge that Port Townsend is an established urban growth area and as such is an appropriate location for urban level development.

D. Recognize that the indiscriminate removal of trees and tree cover prior to project permit approval poses a threat to the city of Port Townsend’s environmental quality, aesthetic character, and quality of life enjoyed by its residents. Where land clearing is the first step in converting a site to a nonforestry use, require the retention of some existing trees so that they may be incorporated into the final site development.

E. On lots less than 40,000 square feet containing existing homes, individual homeowners will be allowed to choose and manage their own landscaping without the necessity of obtaining permits under this chapter. The city will endeavor to offer educational opportunities to homeowners on proper tree care. Larger lots that meet minimum tree conservation standards shall also be exempt from this chapter.

F. Allow thinning of forested properties to improve overall tree health by retaining the most vigorous trees and harvesting overcrowded and less desirable trees. (Ord. 2837 § 1, 2003).

19.06.020 Applicability.

This chapter applies to the removal or topping of trees in the city limits of Port Townsend and is organized into the following sections:

A. Article I, General Provisions, contains introduction and definitions and general provisions that apply to the remainder of this chapter.

B. Article II, Tree Conservation Permit Approvals, provides permitting requirements and standards for certain tree removal activities including predevelopment logging and thinning. It is the intent of Article II to allow the city to comply with RCW 76.09.240 which requires cities and counties to assume jurisdiction over Class IV – General forest practices. Where an applicant is also applying for a concurrent development project such as a commercial site plan, multifamily project, residential subdivision, etc., these activities which require separate permit approval are exempt from the requirement of obtaining a “tree conservation permit” subject to complying with the “tree conservation standards” of Article III as part of their other project permit approvals (commercial site plan approval, multifamily design review, preliminary plat approval, etc.). Article II also addresses tree removal on developed properties while allowing broad exemptions for single-family residences on existing lots, conditional exemptions for single-family residences on large lots (over 40,000 square feet), exemptions for hazard tree removal, and qualified exemptions for tree removal on developed commercial, mixed use, and multifamily residential sites.

C. Article III, Standards for Tree Conservation, establishes minimum standards for tree conservation required for projects that require tree conservation permits, or for projects that normally require landscaping plans (such as commercial site plans, subdivisions, multifamily design review, etc.). Article III does not create a separate permit process but rather establishes the standards for tree conservation, tree protection during development or tree removal activities, and tree selection and planting for new trees. These standards are intended to augment existing landscaping standards contained in the Port Townsend Municipal Code and provide incentives for tree retention during project development and clear and consistent standards for tree planting for new development projects. (Ord. 2837 § 1, 2003).

19.06.030 Relationship to Chapter 76.09 RCW.

A. The application of this chapter to forest practice activities regulated by the Washington State Forest Practices Act (Chapter 76.09 RCW) shall be limited to:

1. Class IV – General forest practices;

2. Class I forest practices within the city limits of Port Townsend that involve timber harvesting or road construction.

B. This chapter is intended to allow the city of Port Townsend to assume jurisdiction for approval of Class IV – General forest practices approvals, hereinafter referred to as “tree conservation permit approvals,” occurring in the city of Port Townsend, as authorized under the Washington State Forest Practices Act, Chapter 76.09 RCW. Until such time as jurisdiction for these permits is transferred to the city by the State Department of Natural Resources, the city will act as the State Environmental Policy Act (SEPA) lead agency for all Class IV – General forest practice approvals occurring within the city limits. (Ord. 2837 § 1, 2003).

19.06.040 Definitions.

In addition to the following definitions, this chapter shall rely upon existing definitions contained within the Washington State Forest Practices Act (Chapter 76.09 RCW), Rules for the Washington State Forest Practices Act (Chapter 222-16 WAC), and the Port Townsend Municipal Code.

A. “Canopy area” means the area covered by the crown of an individual tree as delineated by the vertical projection of its outermost perimeter. Small openings in the crown are included.

B. “Canopy cover” means the percentage of property area covered by the sum canopy area of the trees to be retained on the site post-development as delineated by the vertical projection of its outermost perimeter of the tree branches. Small openings in the canopy are included.

C. “Co-dominant trees” means trees whose crowns form the general level of the canopy cover and receive full light from above, but limited light from the sides.

D. “Contiguous” means having a common border with, but not separated from, such common border by a public right-of-way.

E. “Crown” means the area of the tree containing leaf or needle-bearing branches.

F. “Crown thinning” means the selective removal of branches in a tree crown to increase light penetration, reduce weight, and lessen wind resistance.

G. “Department” means the city of Port Townsend office of planning and community development department (PCD).

H. “Development” means any manmade alteration, grading, filling, building, earth moving, etc., as is needed to prepare a site for construction, as well as any structure or utility building operations. Preliminary mapping and survey work that is completed using best management practices and results in insignificant disturbance of vegetation and soil is not considered to be development activity.

I. “Diameter at breast height (d.b.h.)” means a tree’s trunk diameter in inches measured four and one-half feet above the ground.

1. On multistemmed or trunked trees, where the diameter at four and one-half feet above grade is actually greater than at a lower point on the tree, d.b.h. shall be measured at the narrowest diameter below four and one-half feet. In such cases the height of the measurement should be noted.

Illustration 1a – Multitrunked Tree

Illustration 1b – Multitrunked Tree

2. On sloping ground, diameter shall be measured from the uphill side of the tree.

Illustration 2a – Tree on Sloping Ground

3. On leaning trees, diameter shall be measured four and one-half feet up the stem in the direction of the lean.

Illustration 3a – Leaning Tree

4. On multitrunked trees, where tree splits into several trunks close to ground level, the diameter shall be the diameter equivalent to the sum of each individual trunk measured according to the principals listed above.

Illustration 4a – Multitrunk Tree, Close to Ground

J. “Director” means the director of the city of Port Townsend office of planning and community development department (PCD) or an assigned designee.

K. “Diseased tree” means a tree that, in the opinion of the city of Port Townsend PCD or an expert approved by the city of Port Townsend (such as, but not limited to, an experienced forester, certified arborist, or landscape architect), has a strong likelihood of infecting other vegetation in the area or becoming a hazard as a result of the disease.

L. “Dominant trees” means trees whose crowns are higher than the general level of the canopy and which receive light from the sides as well as from above.

M. “Environmentally sensitive areas (ESAs),” also defined as “critical areas” by the Washington State Growth Management Act. These environmentally sensitive areas in Port Townsend are geologically hazardous areas, frequently flooded areas and critical drainage corridors, wetlands, aquifer recharge areas, and fish and wildlife habitat conservation areas and are regulated by Chapter 19.05 PTMC.

N. “Forest land” as defined in the Washington State Forest Practices Act means all land that is capable of supporting a merchantable stand of timber and is not actively used for a use which is incompatible with timber growing.

O. “Forest practice” means any activity conducted on or directly pertaining to forest land and relating to the growing, harvesting, or processing of timber, including, but not limited to: road and trail construction; harvesting, final and intermediate; site preparation prior to development involving tree removal; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control.

P. “Hazard tree” shall mean any tree which, in the opinion of the city of Port Townsend PCD or an expert approved by the city of Port Townsend (such as, but not limited to, a professional forester, certified arborist, or landscape architect), poses an unreasonable risk of failure and is a distance of one and one-half tree length or less from a permanent structure or high use outdoor area.

Q. “Intermediate trees” means trees that are generally surrounded by other trees and whose crowns generally receive no sunlight from the sides but do receive some direct sunlight from above through holes in the tree canopy.

R. “Limbing” means the act of removing unwanted limbs, or branches, from a tree. For example, limbing may be used to remove large branches hanging dangerously over a house without removing the whole tree.

S. “Lot” means a designated parcel, tract or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.

T. “Native trees” means trees that are indigenous to the Olympic Peninsula. PCD will maintain a list of native trees.

U. “Nuisance tree” shall mean any tree which, in the opinion of the city of Port Townsend PCD or an expert approved by the city of Port Townsend (such as, but not limited to, a professional forester, certified arborist, or landscape architect), is an invasive variety, is an allergen, or due to its location is causing or is likely to cause significant damage to a permanent structure that cannot be mitigated without removal of the tree.

V. “Priority trees” means existing trees with a diameter of 24 inches or greater, or that are at least 100 years old, or provide significant habitat value. These trees are given high priority for retention per this chapter.

W. “Project permit” or “project permit application” means any land use or environmental permit or license required from the city for a project action, including but not limited to subdivisions, planned unit developments, conditional uses, shoreline substantial development permits, permits or approvals required by the critical area ordinance (Chapter 19.05 PTMC), site-specific rezones authorized by the Port Townsend comprehensive plan or a formally adopted subarea plan.

X. “Suppressed trees” means trees that receive no direct sunlight from the sides or above due to surrounding tree canopy. May receive limited filtered sunlight. Generally weak and slow growing.

Y. “Topping” means a pruning cut to the main stem of a mature tree. Such cuts can result in serious decay and/or forcing out growth of weakly attached upright sprouts below the cut. Topping also results in permanent alteration of tree architecture. For the purposes of this chapter, topping shall be treated the same as tree removal.

Z. “Tree” means any woody plant commonly having one main stem or trunk topped by a foliage canopy that will reach a minimum height of 20 feet at maturity.

AA. “Tree protection area” means a protective zone established around the canopy area of a tree or tree stand to prevent damage or destruction during construction and site development activities.

BB. “Tree unit” is a measurement to give value to the number of trees retained on a site. Table 19.06.120(D)(3) assigns “tree unit credits” based upon the size of existing or newly planted trees. Utilizing tree units allows larger, older trees to be given more value than younger, smaller trees. For new trees, tree units can vary for the size that the trees will reach at maturity (smaller size at maturity, fewer tree unit credits).

CC. “Windfirm” means a tree that is capable of withstanding average peak local wind speeds and gusts without experiencing major breakage or windthrow.

DD. “Windthrow” means the uprooting or breaking of a tree due to excessive wind. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2837 § 1, 2003).

Article II. Tree Conservation Permit Approvals

19.06.050 Purpose.

A. This article sets forth procedures and criteria that apply to tree removal activities that are not associated with a concurrent proposal to develop the land with buildings and infrastructure or other types of urban development. This article establishes a permit process to review these tree removal activities and ensure compliance with Article III, Standards for Tree Conservation. For tree removal activities that are proposed as part of a development project, see Article III, Standards for Tree Conservation.

B. To promote tree conservation, encourage the submittal of development proposals concurrent with proposals for tree removal activities.

C. Where tree removal is proposed without a concurrent development proposal, the amount of tree retention should be increased to preserve flexibility for incorporating tree retention into any future development proposal.

D. Encourage tree thinning as a way to promote healthy urban forests while allowing the harvest of overcrowded trees.

E. Allow exemptions for tree removal associated with an approved project permit, residential landscaping and other small-scale tree removal activities, the removal of hazard and diseased trees, or the replacement of undesirable trees. (Ord. 2837 § 1, 2003).

19.06.060 Exemptions.

The following activities are exempt from the provisions of this chapter, provided no part of the tree removal activity lies within an environmentally sensitive area (excluding aquifer recharge areas) or its buffer:

A. Tree Removal Associated with an Approved Project Permit or to Establish a Permitted or Conditionally Permitted Use. The removal of trees associated with an approved project permit, including but not limited to building permits, design review permits, binding site plans, preliminary plats, or other project permits which authorize the installation of utilities and construction of buildings; or the establishment of a permitted or conditionally permitted use per PTMC Title 17, Zoning, provided such proposals comply with Article III, Standards for Tree Conservation.

B. Residential Landscaping and Yard Maintenance on Lots 40,000 Square Feet or Less in Size. Removal of any tree on a lot currently zoned residential (R-I, R-II, R-III, or R-IV) containing an existing single-family residence (including duplex, triplex, or fourplex), where the lot and all contiguous lots under the same ownership, do not exceed 40,000 square feet.

1. The removal of trees with a diameter at breast height (d.b.h.) of eight inches or less;

2. For trees over eight inches d.b.h., up to six healthy trees/40,000 square feet of lot area in any 12-month period. The removal of additional trees requires a written exemption pursuant to PTMC 19.06.070(C).

D. Hazard Trees. Removal of hazardous trees, dead trees, diseased trees, or damaged trees which constitute a hazard to life or property, or adjacent trees. The removal of more than four hazard trees in any 12-month period from a single property shall require a written exemption from the PCD director, unless the tree removal is determined to be otherwise exempt from the provisions of this chapter. The applicant may be required to provide documentation by an arborist, forester, or other qualified tree professional that a tree constitutes a hazard to life or property. Hazard tree removals under this section that involve land uses or sites subject to the tree conservation standards of PTMC 19.06.120 may require replanting to ensure compliance with that chapter.

1. Emergency Situations. Hazardous trees determined to pose an imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation may be removed by the landowner prior to receiving written approval from PCD; provided, that within 14 days following such action, the landowner shall submit a written report from a tree professional and a replanting plan if tree conservation is required by the provisions of this chapter.

E. Tree removal activities classified as “forest practices” on lands where the landowner submits a 10-year statement of nonconversion to the Department of Natural Resources (reforestation agreement) together with either an acceptable 10-year forest management plan or proof that the land is currently enrolled in current use assessment-timber lands, under the provisions of Chapter 84.33 RCW.

F. Commercial Nurseries and Christmas Tree Farms. The removal of trees which have been grown to be sold as Christmas trees or as landscaping. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2837 § 1, 2003).

19.06.070 Exemptions requiring written approval.

The following tree removal activities require a written exemption to ensure they comply with applicable standards contained in this chapter and the PTMC:

A. Environmental Sensitive Areas. Tree removal activities occurring within an environmentally sensitive area (ESA) or its associated buffer, regulated pursuant to Chapter 19.05 PTMC, Critical Areas, with the exception of aquifer recharge areas, shall be approved through a written exemption upon a showing that:

1. The proposal will comply with all applicable requirements of Chapter 19.05 PTMC, Critical Areas; and

2. Within the ESA area and its buffer, the proposal will comply with the requirements of tree conservation standards of PTMC 19.06.120.

B. Tree Thinning. Tree thinning meeting the following standards shall be approved through a written exemption; provided, that the following conditions are met:

1. No more than one-third of the trees per 40,000 square feet or no more than one-third of the tree canopy cover, whichever is greater, shall be removed in any six-year period;

2. Trees thinned should be primarily those that are intermediate, suppressed, hazard, or nuisance trees. No more than 10 percent of trees removed shall be dominant or codominant;

3. Healthy trees should be retained (healthy trees have at least one-third of their tree height covered with leaf canopy);

4. The creation of tree separation of up to one-half the branch length is acceptable. Trees that touch on some sides but are otherwise healthy qualify for retention, but trees that touch other trees on all sides qualify for removal; and

5. No more than 10 percent of the trees removed shall be dominant or codominant, the rest should be intermediate or suppressed trees, or otherwise should be lacking in health or vigor.

C. Residential Landscaping and Yard Maintenance on Lots Exceeding 40,000 Square Feet. On a lot currently zoned residential (R-I, R-II, and R-III) containing an existing single-family residence (including duplex, triplex, or fourplex), where the lot and all contiguous lots under the same ownership exceeds 40,000 square feet, the removal of more than six trees/40,000 square feet of lot area exceeding eight inches d.b.h. in any 12-month period shall be approved through a written exemption provided the that the following criteria are met:

1. Trees retained on the lot comply with the minimum tree conservation requirements of PTMC 19.06.120.

2. The applicant shall provide sufficient materials (including a simple site plan) to demonstrate that the minimum tree conservation standards will be met.

D. Landscaping Activities – Non-Single-Family Residential Properties. Tree removal activities on developed properties zoned and developed with multifamily residential development (R-III and R-IV), mixed use (C-I/MU and C-II/MU), commercial (C-I, C-II, C-II(H)), light-industrial/mixed commercial (M-C), and public (P-I, P/OS(B), subject to compliance with the tree conservation standards of Article III of this chapter, or the approved landscaping plan if applicable.

E. Tree Removal in an Area Designated Open Space for Purposes of Tree Retention, Tree Buffer, or Subject to a Prior Approved Tree Conservation Plan. Tree removal, including the removal of diseased or dangerous trees, proposed within formally designated open space areas for tree retention or buffers, including but not limited to natural buffer areas, screening buffers, and tree conservation areas established pursuant to an approved permit, shall be approved through a written exemption if the following criteria are met:

1. The trees have been identified as hazard trees pursuant to PTMC 19.06.060(D);

2. Tree removal necessary to permit an activity allowed in the open space buffer or tree conservation plan area;

3. The proposal will comply with the tree conservation standards of PTMC 19.06.120 as well as the conditions imposed by the prior tree conservation plan;

4. Where necessary, new trees shall be planted to replace any trees necessarily removed or topped. Trees that are felled or topped with new trees at a ratio of two replacement trees. Replacement trees shall meet the standards set forth in PTMC 19.06.130, Standards for trees to be retained or planted. (Ord. 2837 § 1, 2003).

19.06.080 Tree conservation permit approvals – Predevelopment tree removal.

A. Applicability. Tree removal activities that propose predevelopment tree removal, are not exempt pursuant to PTMC 19.06.060 through 19.06.070, must obtain a tree conservation permit approval prior to beginning tree removal activities.

B. Application Filing. Applications for tree conservation permit approvals shall be reviewed for completeness in accordance with this chapter; Chapter 19.06, including Article III, Standards for Tree Conservation; Article IV, Administration, Appeals and Enforcement; and Chapter 20.01 PTMC, Land Development Administrative Procedures.

C. Approval Criteria. All applications for tree conservation permit approvals shall be reviewed for compliance with the following criteria:

1. Not more than 40 percent of the total tree canopy, or 40 percent of the pre-existing tree units as calculated per PTMC 19.06.120, throughout the gross area of the site shall be removed during any six-year period.

2. The applicant shall prepare a tree conservation plan that meets the requirements of Chapter 19.06, Article III, Standards for Tree Conservation.

3. Trees shall be selected for retention based upon the standards contained in PTMC 19.06.130, Standards for trees to be retained or planted.

4. Trees selected for retention shall be protected during tree harvest consistent with the standards established by PTMC 19.06.150, Protection of trees before and during development.

D. Permit Processing Procedures. Applications for tree conservation permit approvals shall be reviewed and processed as a Type II application consistent with the procedures established in Chapter 20.01 PTMC, Land Development Administrative Procedures.

E. Required Findings. A tree conservation permit approval shall be issued by the director if all of the following findings can be made regarding the proposal and are supported by the record:

1. The proposed tree conservation permit approval complies with the approval criteria of subsection C of this section;

2. The granting of the proposed tree conservation permit approval will not be detrimental to the public health, safety, and general welfare;

3. The granting of the proposed tree conservation permit approval will not be injurious to the property or improvements adjacent to and in the vicinity of the proposal;

4. The granting of the proposed tree conservation permit approval will not result in significant adverse environmental impacts; and

5. The granting of the proposed tree conservation permit approval is consistent and compatible with the goals, objectives, and policies of the comprehensive plan and the provisions of the Port Townsend Municipal Code.

F. Approval Authority.

1. The director shall review all requests for approvals, any comments received, and applicable city regulations or policies, and may inspect the property prior to rendering a decision.

2. The director may approve an application, approve the application with conditions, require modification of the proposal to comply with specified requirements or local conditions, or deny the application if it fails to comply with requirements of this title.

G. Transmittal to State Prior to Transfer of Jurisdiction by DNR. Prior to transfer of jurisdiction by DNR of Class IV – General forest practice approvals, upon issuance of a tree conservation permit approval, the city of Port Townsend shall transmit the threshold determination and tree conservation permit approval or denial to the Department of Natural Resources for inclusion in the conditions of the DNR Class IV – General forest practice approval. (Ord. 2837 § 1, 2003).

Article III. Standards for Tree Conservation

19.06.090 Purpose.

This article sets forth procedures and standards for tree conservation and tree planting that are applicable for certain project permit approvals and predevelopment tree removal activities (listed below in PTMC 19.06.100). The retention of existing trees and, where necessary, the planting of new trees as part of certain commercial, industrial, multifamily, and land division activities are necessary to protect the environmental quality and aesthetic character of the city of Port Townsend, and quality of life enjoyed by its residents. (Ord. 2837 § 1, 2003).

19.06.100 Tree conservation plans – Applicability.

A. The following project permit applications shall be to required to prepare a tree conservation plan as part of a complete application for that project approval, and shall carry out the tree retention and/or tree planting required by that plan consistent with this article:

1. Residential subdivisions (10 or more lots); planned unit developments (PUDs), short plats (two to nine lots), cottage housing developments, condominium binding site plans, and commercial and industrial binding site plans;

2. Construction or additions to buildings subject to design review in the C-II general commercial, R-III and R-IV multifamily, and C-I/MU and C-II/MU mixed use zoning districts;

3. Construction of new buildings or the expansion of existing buildings by more than 10 percent in the C-I neighborhood commercial, C-II(H) hospital commercial, M-C mixed commercial/light manufacturing, P/OS(B) mixed public/infrastructure/open space, or P-I public/infrastructure zoning districts located outside the Port Townsend historic district;

4. Construction of single-family residences (including duplexes, triplexes, or fourplexes) or accessory buildings, on one lot or contiguous lots under the same ownership exceeding 40,000 square feet where tree removal is proposed.

a. Such proposals shall minimize tree removal and shall comply with the tree conservation standards of PTMC 19.06.120;

b. Proposals that involve tree removal but will not comply with the tree conservation standards of PTMC 19.06.120 due to a pre-existing lack of trees, shall plant two new trees for each tree removed per the standards of PTMC 19.06.130 and the project shall be exempt from the remainder of this chapter.

B. Tree removal activities subject to Article II of this chapter which require tree conservation permit approvals shall also prepare a tree conservation plan and implement that plan consistent with the standards of this article.

C. Construction on properties subject to approved tree conservation plans must comply with the requirements of those plans and the provisions of this article.

1. For example: Once a subdivision is approved, the lots within that subdivision are subject to the subdivision’s tree conservation plan. That plan may call for installation of trees at the time each lot is built upon. Therefore, home construction on a lot subject to a tree conservation plan must comply with that tree conservation plan as a condition of building permit approval. Once the home is constructed, any necessary trees installed and approved, and the building permit receives final approval, future routine landscape maintenance or tree removal activities qualify as exempt activities under Article II, PTMC 19.06.060 through 19.06.070.

D. Those project approvals not listed above are exempt from the provisions of this article. (Ord. 2837 § 1, 2003).

19.06.110 Tree conservation plans – Contents.

A. All tree conservation plans submitted pursuant to this chapter shall show the following information, if applicable:

1. Location of all improvements on the site including proposed cleared areas and/or individual trees to be removed;

2. The approximate location of any existing structures and land uses on the site including construction staging areas;

3. The location of all existing and proposed streets, rights-of-way, easements, skid roads, haul roads, and landings within the proposal;

4. Existing healthy trees to be retained including diameter (at four and one-half feet above grade), species, and location on the site or for larger projects over 40,000 square feet, canopy areas to be preserved;

5. Existing trees proposed for removal including diameter and location on the site or for larger projects over 40,000 square feet, canopy areas to be removed;

6. Proposed new trees to be planted including species and size;

7. Tree Density Calculations. The plan shall include tree credit and/or canopy cover calculations to document compliance with PTMC 19.06.120. These calculations shall include:

a. Calculation of net site area determined by subtracting the area of public and private road rights-of-way;

b. Calculation of tree unit credits or canopy cover proposed for retention on the site excluding existing trees in adjacent opened or unopened rights-of-way; and

c. Calculation of tree unit credits or canopy cover for newly planted trees, if applicable.

i. Newly planted trees in rights-of-way (street trees) or alleys shall count towards tree unit requirements;

8. The location of future land development including stormwater management facilities, and vegetation to be retained for site landscaping, open space, wildlife habitat, screening, and/or buffers, to the extent known;

9. Site topography at a contour interval of 10 feet;

10. Environmental sensitive areas (ESAs) and ESA buffers regulated pursuant to Chapter 19.05 PTMC, Critical Areas;

11. Drainage ways and culverts;

12. Site area targeted for further harvest including proposed timing, if applicable; and

13. North arrow and scale shall be shown on all site plans. The scale shall be no smaller than one inch to 100 feet;

14. A watering plan is required for tree conservation plans that propose new tree plantings. The plan must provide for adequate watering of the newly installed trees at the time of planting and through the dry periods (typically May through September) for a minimum of three years. Some situations (infill in existing forested area where new trees planted in fall rainy season) may require only limited watering.

B. Tree conservation plans shall be drawn to scale and include a north arrow. For residential subdivisions, public projects, multifamily, mixed use, and commercial projects, tree conservation plans shall be prepared by a landscape design professional, arborist, or tree service professional.

C. Field Marking of Site Features. At the time of submittal of any application required pursuant to this title, the following features shall be clearly marked at the site with flagging or colored paint by the applicant:

1. The location of any identified critical areas and critical area buffers regulated pursuant to Chapter 19.05 PTMC, Critical Areas;

2. The centerline of all proposed access roads; and

3. Property boundaries.

D. The PCD director may waive specific tree conservation plan contents which are determined to be unnecessary for review of the particular tree removal activity. In such event, the director shall document the waiver in the project file or project log. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2837 § 1, 2003).

19.06.120 Tree conservation standards.

A. Minimum Tree Density – New Uses on Vacant or Redeveloping Lots. This section promotes tree conservation by establishing minimum tree density requirements, expressed as tree units per 40,000 square feet, or for larger lots percentage of canopy cover, for applicable project proposals and tree conservation permit approvals per PTMC 19.06.100, and for certain tree removal activities that may be exempt from PTMC 19.06.060 through 19.06.070 of Article II but still require compliance with minimum tree conservation standards. It is intended that the tree density requirements will be met primarily through the conservation of existing trees. However, in order to provide for continued flexibility in the design of new development, in those situations where a developments design would preclude the retention of the required number of trees, the use of replacement or supplemental tree planting is authorized. The minimum tree density for each land use designation is specified in Table 19.06.120(D)(1).

B. Sites with Insufficient Tree Cover. It is recognized that some sites may not contain a sufficient number of existing trees to meet the tree density standards set forth in Table 19.06.120(D)(1). In those situations, additional trees shall be planted as necessary to achieve the minimum tree density requirements of this chapter unless an alternative tree retention plan is approved, per subsection C of this section.

C. Alternative Tree Conservation Plans.

1. Some lots, sites or land uses provide valuable open space functions, including but not limited to maintaining view corridors, that may conflict with the planting dense stands of trees. Examples include portions of town that historically have had few trees, such as Happy Valley; or, some land uses, such as crop or tree farming or gardening, small animal husbandry, recreational play fields, etc., which are dependent upon open space and solar access. Alternative tree conservation or planting plans that do not meet the strict requirements of the tables of this section may be proposed in such circumstances.

2. Alternative tree conservation plans may be approved by the PCD director upon a showing to his/her satisfaction that:

a. Due to the physical characteristics of the site, or those of contiguous properties, and/or due to the design goals of a particular development (including but not limited to preserving solar access or maintaining the character of open grassland areas), strict adherence to the tree conservation standards set forth in subsections A, B, D through G of this section would be inappropriate or unnecessary to achieve the purposes of this title or would be unreasonably burdensome upon the applicant; and

b. The alternative plan is consistent with the purposes of this chapter expressed in PTMC 19.06.010; and

c. Alternative plans must provide environmental, recreational, agricultural, and/or aesthetic benefits that are equal or greater to the tree retention standards contained in the tables in this section.

3. Off-Site Mitigation and Fees Paid in Lieu. Where an applicant cannot provide sufficient on-site benefits to approve an alternative tree conservation plan, off-site mitigation or payment into the city’s urban forestry account may be approved by the PCD director. Where off-site mitigation is used, the remaining balance of trees must be planted at an off-site location approved by the PCD director. Where the site is city-owned property, the public works department must also approve the tree planting. Acceptable off-site locations, in order of priority, are as follows:

a. Publicly owned land in the city of Port Townsend including but not limited to: environmentally sensitive areas, regional stormwater facilities, or wildlife corridors. Similar lands owned by nonprofit entities which are reserved in open space also qualify;

b. Publicly owned parks or recreational facilities within the city of Port Townsend;

c. Public school sites within the city of Port Townsend;

d. Other mitigation or restoration sites managed by other public entities or private conservation groups;

e. Other sites proposed by the applicant, when it is documented that higher priority sites are not available or viable.

D. Tree Density Requirements. All regulated activity shall ensure that the following tree densities shall be achieved and maintained during and after development:

Table 19.06.120(D)(1)

Minimum Tree Density Requirements for Vacant or Redeveloping Lots
Zoning District	Required Tree Unit Density
R-I, R-II, P/OS(B)	40 tree units/40,000 square feet
R-III, R-IV, C-I/MU, C-II/MU	30 tree units/40,000 square feet
C-I, C-II, C-II(H), P-I, M-C	20 tree units/40,000 square feet
C-III, M-II(A), M-II(B), M-I, M-III, P/OS	N/A

2. Calculation of the Total Tree Units Required. The total number of tree units required to be provided by a regulated project or tree conservation permit approval listed in PTMC 19.06.100 shall be calculated by multiplying gross site area, minus any public or private street rights-of-way, by the required tree density (in tree units per 40,000 square feet) set forth in Table 19.06.120(D)(1). The result of the calculation will be the total number of tree units required for the project approval.

a. The tree unit calculation shall include retained or newly planted trees within the site as well as newly planted street trees located in contiguous public rights-of-way or alleys.

3. Tree Unit Credits. The number of tree unit credits given for retaining existing trees or the planting of new trees varies in order to encourage the retention of large existing trees and the planting of replacement trees that provide greater canopy areas at maturity. Tree unit credits for the retention of existing trees and the planting of new trees shall be awarded as follows:

Table 19.06.120(D)(3)

Tree Unit Credits
Tree Category	Tree Unit Credit
Existing Tree 1'' to 6'' d.b.h.	1 tree unit per tree retained
Existing Tree 7'' to 19'' d.b.h.	2 tree units per tree retained
Existing Tree > 20'' d.b.h.	3 tree units per tree retained
New or Replacement Tree, Small to Medium Species (At maturity less than 40 feet tall)	0.50 tree unit per tree planted
New or Replacement Tree, Large Species (At maturity more than 40 feet tall)	1 tree unit per tree planted

E. Expansions of Existing Commercial, Mixed Use, and Public Buildings that are Nonconforming Regarding Minimum Tree Density. Expansions to existing commercial, mixed use, multifamily, or public buildings located in the C-I/MU, C-II/MU C-I, C-II, C-II(H), R-III, R-IV, P/OS(B), P-I, M-C zoning districts where the sites do not conform to the tree density requirements of PTMC 19.06.120(D) or (G) shall be subject to the following tree conservation standards:

1. A minimum of one tree unit shall be provided for each 500 square feet of building expansion or new construction up to the maximum of the tree units specified for the applicable zoning district in Table 19.06.120(D)(3); and

2. In addition to the requirements of subsection (E)(1) of this section, where existing trees will be removed to allow the new addition, a minimum of three tree units shall be provided for each tree unit removed, up to the minimum tree units specified for the applicable zoning district by Table 19.06.120(D)(3).

F. Non-Single-Family Residential Developed Lots – Removal and Replacement of More than 20 Percent of Trees – Landscaping Activities. On developed non-single-family residential lots where removal of healthy trees is proposed as part of landscape maintenance, no more than six trees or 20 percent of the healthy trees on the property, whichever is greater, shall be removed within a calendar year. Where replacement of healthy trees is desired, replacement shall occur in a phased manner over time to reduce aesthetic impacts.

G. Large Lot Calculation Procedure. Project sites that are large, such as over 40,000 square feet in size, may use the following alternative canopy cover calculation to determine minimum tree density requirements:

Table 19.06.120(G)

Alternative Canopy Cover Calculation for Large Sites
Zoning District	Required Tree Unit Density/Canopy Cover1
R-I, R-II, P/OS(B)	25% canopy cover
R-III, R-IV, C-I/MU, C-II/MU	15% canopy cover
C-I, C-II, C-II(H), P-I, M-C	10% canopy cover
C-III, M-II(A), M-II(B), M-I, M-III, P/OS	N/A

1 “Canopy cover” means the percentage of lot area covered by the crowns of the trees to be retained on the site post development as delineated by the vertical projection of its outermost perimeter of the tree branches. Small openings in the crown are included. Public streets and other dedicated public rights-of-way shall not be included in lot area.

(Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2837 § 1, 2003).

19.06.130 Standards for trees to be retained or planted.

A. Health and Quality of Trees Proposed for Retention. Trees proposed for retention must meet the following minimum standards in order to be credited towards satisfying the tree density requirements of this chapter:

1. Healthy trees over 24 inches in diameter at d.b.h. or that are over 100 years of age shall be priority trees for preservation. Priority trees should only be removed if their retention is not feasible (e.g., within footprint of likely future building area and not reasonable to modify building size or footprint);

2. The retained trees shall be equivalent to the average size, species, and age of the trees existing on the site prior to development or tree removal;

3. Retained trees shall be predominantly dominant or codominant trees (meaning fully branched and generally proportional in height and breadth for the tree age);

4. Retained trees must be healthy and have no substantial evidence of disease (unless identified as a habitat tree per subsection (A)(9) of this section), meaning that retained trees shall have a relatively sound and solid trunk with no extensive decay or hollow and no significant trunk damage, and should have no significant crown damage;

5. Trees should be selected for retention based upon a consideration of windthrow potential, wildlife value, aesthetics, and compatibility with future development;

6. Retained trees should be clustered wherever possible to maximize habitat value and to minimize windthrow. Strips of trees along a site’s perimeter boundaries should be carefully evaluated for windthrow potential;

7. Trees being retained in environmentally sensitive areas and associated buffers may be applied towards tree canopy retention or tree unit credit requirements;

8. Trees must be windfirm in upon completion of development activities (no significant root damage); and

9. Trees identified as having significant habitat value shall be priority trees for preservation regardless of the health or state of the tree (such as trees with broken crowns ideal for eagle perching or snags, especially along shoreline bluffs), so long as such trees are not a danger to nearby buildings.

B. Health and Quality of Trees Proposed for Planting. Trees proposed for planting must meet the following minimum standards in order to be credited towards satisfying the tree density requirements of this chapter:

1. Each tree shall be healthy stock and carefully planted in an appropriately sized planting area.

2. Each required deciduous tree shall have a minimum of three-quarter-inch caliper within six inches of ground at time of planting.

3. Each required evergreen tree shall have a minimum height of three feet at time of planting.

4. Trees planted shall include a mix of coniferous and deciduous trees. At a minimum 25 percent of the trees planted shall be coniferous.

5. To avoid potentially unhealthy monocultures, the total number of any individual species of replacement tree planted shall not exceed 15 percent of the same species or 25 percent of the same genus of the total number of all replacement trees planted.

a. For example, red maple (Acer rubrum) and silver maple (Acer saccharinum) are two different species, but they are the same genus, Acer (maples). Many pests would not distinguish between a red maple or a silver maple, but those that feed on maples probably will not attack oaks or firs.

6. Where possible, required trees should predominantly be selected from the native tree species. PCD will maintain a list of native tree species. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2837 § 1, 2003).

19.06.140 Residential development tree location requirements.

A. Tree Locations Outside Residential Lots. Proposed residential subdivisions, short plats, planned developments, condominium projects, and cottage housing developments shall locate a minimum of 25 percent of the required trees within areas of land separate from residential lots. Such areas include, but are not limited to, open space areas, tree buffers, environmentally sensitive areas, stormwater tracts, and street or alley rights-of-way.

B. Tree Locations Within Residential Lots. Other trees proposed for residential developments subject to this chapter shall be located within the required side, rear, or front yard areas in order to minimize development related conflicts, unless otherwise approved by the planning and community development department. When these lots or building sites are located to protective tracts (such as park, stormwater, or environmentally sensitive areas), the preferred location of the trees is adjacent to these areas.

C. Supplemental Trees Required for Residential Development. Where proposed residential subdivisions, short plats, planned developments, condominium projects, or cottage housing developments require new tree plantings (cannot meet minimum tree density through tree retention alone); new tree plantings may occur after final plat approval, but shall occur in compliance with the tree conservation plan prior to issuance of the final building permit for each lot or condominium unit as it is developed. In such cases the face of the final plat or condominium site plan shall indicate that lot or condominium owners will be responsible for tree plantings prior to final occupancy permits being issued for each home or condo. (Ord. 2892 § 1, 2005; Ord. 2837 § 1, 2003).

19.06.150 Protection of trees before and during development.

All trees and tree stands proposed for retention and supplemental tree plantings shall be protected before and during site development and construction through adherence to the following requirements:

A. A tree protection area shall be designed to protect each tree or tree stand during site development and construction. The tree protection areas shall conform to the approved tree conservation plan.

B. Ideally, tree protection areas should extend to the drip line of the tree plus three feet. However, in many instances this will not be possible due to site constraints. Tree protection areas shall be as large as feasible given site constraints and the nature of the project.

C. Tree protection areas shall be clearly shown on all applicable site development, preliminary plats, and construction drawings.

D. Tree protection areas shall be designated through the following minimum standards:

1. Chain link or other type of sturdy construction fencing attached to posts set in the ground a minimum of 12 inches and spaced no more than 10 feet apart; and

2. Colored tape, ribbon, or other identification tags attached to protected trees.

E. Optional methods to provide additional protection for tree roots include:

1. Placing layers of protective mulch, six inches to two feet deep, over tree roots to help avoid soil compaction over roots that may be subject to nearby equipment use. Once construction is complete, excess mulch shall be removed leaving a maximum of two-inch mulch cover over pre-existing grade.

F. Approved tree protection areas shall be designated in the field prior to the initiation of any clearing or grading. Tree protection areas shall remain in place through site development until project completion, or earlier with prior authorization by the PCD director.

G. No clearing, grading, filling, operating of heavy equipment, trenching, or other development activities shall occur within tree protection areas. Tree protection areas may only be modified or temporarily relocated with the prior written approval of the PCD director.

H. PCD may approve the use of alternate tree protection techniques if the above standards would create an undue hardship upon the applicant (such as designating buffer boundaries for large sites over an acre) and if the trees will be protected to an equal or greater degree than provided by this chapter. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2837 § 1, 2003).

19.06.160 Tree conservation affidavits – Development on sites with prior approved tree conservation plans.

A. Tree Conservation Affidavits for Sites with Previously Approved Tree Conservation Plans. Site development and or other activities involving tree removal proposed on property which is subject to a previously approved tree conservation plan shall be required to complete only a tree conservation affidavit. Tree conservation affidavits verify that tree retention areas will be marked, protected and located during subsequent development activities. They are also used to ensure the installation of any trees on a lot required by a prior approved tree conservation plan.

1. For example, a preliminary plat approval may require street trees to be installed prior to final plat approval but may defer individual tree plantings on individual residential lots each lot is developed with an individual home. In such a case the trees would be planted consistent with the tree conservation plan for the plat but installed prior to final occupancy of the home. Once the home is constructed, all trees planted per the tree conservation plan, future landscape maintenance activities are subject to the provisions of Article II, including the exemptions for single-family residentially developed lots. (Ord. 2837 § 1, 2003).

19.06.170 Review of tree conservation plans and affidavits.

A. PCD shall review all tree conservation plans and affidavits to ensure compliance with the requirements of this chapter prior to the approval of any associated development permit or application.

B. Tree Conservation Affidavits.

1. Applicants that are required to complete a tree conservation affidavit as a condition of development approval shall be provided the necessary forms prior to approval of the building or other project permit. The tree conservation affidavit shall include any conditions regarding tree protection and/or planting that apply to the particular property being developed.

2. The city of Port Townsend shall not issue building, site development, or other permits for development until such time as the tree conservation affidavit has been completed.

C. Tree Conservation Plans.

1. Tree conservation plans shall be reviewed by the department within the time limitations specified in Chapter 20.01 PTMC, Land Development and Administration Procedures. Upon completion of its review, the department shall take one of the following actions:

a. Approve the tree conservation plan, with or without conditions; or

b. Disapprove the tree conservation plan, indicating deficiencies to the applicant. If the tree conservation plan is determined to be deficient, the applicant shall be notified in writing of the deficiency and shall be provided the opportunity to modify the plan as necessary to comply with the provisions of this chapter.

2. Tree conservation plans shall be reviewed by the department prior to the approval of the associated underlying permit or application. The underlying permit may not be approved until such time as the department has approved the tree conservation plan.

3. The tree conservation plan shall be incorporated by reference in any approval issued for the underlying permit or application. Compliance with the tree conservation plan shall be a condition of such approval.

D. The property owner shall be required to file a notice with the Jefferson County auditor. The notice shall provide a public record of any approved tree conservation plan and tree conservation areas; the application of this title to the property; and that limitations on actions in or affecting the property may exist.

E. With the exception of minor vegetation disturbance to allow surveying and necessary technical studies, tree removal activities pursuant to the tree conservation plan shall not begin until the concurrent project permit application or the tree conservation permit has been approved. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2837 § 1, 2003).

19.06.180 Maintenance requirements.

A. Commercial, mixed use, public, and multifamily projects subject to tree conservation plans shall are subject to the following ongoing maintenance standards for retained or newly planted trees:

1. All retained trees shall be continually maintained in a healthy growing condition by the property owner, or where appropriate, the homeowner’s or condominium association.

2. Dead or dying trees shall be replaced within 180 days of removal with a healthy tree meeting the requirements of PTMC 19.06.130. The tree density units provided by the replacement trees shall be equivalent to that provided by the trees being replaced. The preferred planting time for replacement trees is October 1st through March 1st. Tree replacement during the summer months (June 15th through August 31st) should be avoided unless supplemental irrigation is available.

3. Pruning of trees shall be limited to limbing and crown thinning. Topping shall be treated the same as removal of the tree.

B. Single-Family Residential Development. Once the home is constructed and all trees planted per the tree conservation plan, future landscape maintenance activities are subject to the provisions of Article II, including the exemptions for single-family residentially developed lots.

C. Three-Year Maintenance Agreement. As a condition of final approval, the following project permit approvals shall demonstrate that a minimum three-year maintenance agreement exists with a commercial landscape care company, or other entity approved by the PCD director, addressing the following:

1. For short plats, subdivisions, planned unit developments, and cottage housing developments that are subject to tree conservation plans per this chapter, newly planted trees in street rights-of-way (street trees), common areas, stormwater ponds, and tree buffers (excluding trees on private single-family residential lots which are the homeowners’ responsibility);

2. For multifamily, commercial, or industrial developments that are subject to tree conservation plans per this chapter, all trees and plants identified in the applicable tree conservation and landscaping plans. (Ord. 3287 § 5, 2022; Ord. 2892 § 1, 2005; Ord. 2837 § 1, 2003).

19.06.190 Time limitations.

A. A tree conservation permit approval shall be valid for two consecutive years following the date of issuance unless a longer time period has been established through an associated project approval (e.g., preliminary plat approval, conditional use permit, etc.) in which case the time limits applicable to the associated approval shall apply.

B. Tree conservation plans associated with a project permit approval shall be subject to the same time limitations, if any, on the underlying project permit approval. (Ord. 2837 § 1, 2003).

Article IV. Administration, Appeals, and Enforcement

19.06.200 Permit procedures and appeals.

A. Permit Procedures. Permit applications specified by this chapter shall be processed pursuant to Chapter 20.01 PTMC, Land Development Administrative Procedures. The following permit activities defined by this chapter shall be classified as follows by the procedures of Chapter 20.01 PTMC:

1. Exemptions requiring a written approval shall be processed as Type I-A permit applications;

2. Tree conservation permit approvals shall be processed as Type II permit applications.

B. Administrative Appeals. Appeals of any administrative decision and procedures for reconsideration or appeal of a hearing examiner decision issued pursuant to this chapter are also set forth in Chapter 20.01 PTMC. (Ord. 2837 § 1, 2003).

19.06.210 Minor modifications to approved tree conservation permit approvals or tree conservation plans.

Minor modifications to an approved tree conservation permit approval or tree conservation plan may be approved administratively pursuant to the procedures for a Type I-A project permit (Chapter 20.01 PTMC) provided the proposed modification is minor in nature, does not increase the overall area of tree removal, does not change the overall number of trees removed, or result in tree removal activities occurring within an environmental sensitive area, ESA buffer, or tree retention area. The submittal of an amended tree conservation plan meeting the requirements of this chapter may be required. Any modification exceeding these thresholds shall require a new application and associated fees. (Ord. 2837 § 1, 2003).

19.06.220 Variances.

A. Process. Variances to the requirements of this chapter may be considered pursuant to the criteria set forth in Chapter 17.86 PTMC, Variances. (Ord. 2837 § 1, 2003).

19.06.230 Fees.

Fees for permit applications pursuant to this chapter are set forth in Chapter 20.09 PTMC, Land Development Permit Application and Appeal Fees. (Ord. 2837 § 1, 2003).

19.06.240 Enforcement.

A. Director’s Authority. Whenever the planning and community development director or his or her designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 3287 § 5, 2022; Ord. 2952 § 3, 2008; Ord. 2837 § 1, 2003).

19.06.250 Liability of the city.

Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or employees, or to relieve the owner or occupant of any private property from the duty to keep in safe and healthy condition the trees upon his property. (Ord. 2837 § 1, 2003).

19.06.260 Severability.

If any provision of this chapter is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected. (Ord. 2837 § 1, 2003).

19.06.270 Appendix A – Tree Conservation Affidavit Form.

Appendix A

Tree Conservation Affidavit

BUILDING PERMIT/SITE DEVELOPMENT PERMIT NO. ______________ THIS PERMIT AUTHORIZES ______________________________ TO BEGIN _____________________ IN____________________________ SUBDIVISION OR AT THE FOLLOWING ADDRESS ___________________________________________________________.

THE AUTHORIZED PERSON ACKNOWLEDGES THAT HE/SHE IS RESPONSIBLE FOR TAKING ADEQUATE STEPS TO:

1. Protect the tree retention areas on this lot as identified in the tree conservation plan (normally the front, rear, and or side yard areas) in accordance with the standards of Chapter 19.06 – Tree Conservation.

2. Field locate, mark, and protect all tree conservation areas on the site during construction. Marking shall consist of tape, ribbon, or tags attached to the retained trees and protective fencing secured by posts set at least 12” into the ground installed in accordance with the requirements of 19.06.150. All tree identification and fencing shall be installed prior to site development and construction and shall remain and be maintained until home construction is 100% completed.

3. Install any trees on the lot required by the approved tree conservation plan.

FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN THE ISSUANCE OF A STOP WORK ORDER OR OTHER CITATIONS.

COUNTY OFFICIAL _____________ APPLICANT ____________________

DAY OF ______________________, 20__ EFFECTIVE THIS __________.

NOTE: DISPLAY THIS PERMIT AT THE MAIN POINT OF ACCESS AND VISIBLE FROM THE STREET.

(Ord. 2837 § 1, 2003).