Chapter 19.65 LANDSCAPING/TREES

C. To promote the compatibility between land uses and zones by reducing the visual, noise and lighting impacts of development on users of the site and abutting uses;

D. To protect critical areas from the impacts of development, by facilitating aquifer recharge, protecting urban wildlife habitat, reducing stormwater runoff and pollution of surface waters, and controlling dust, erosion and sedimentation;

E. To promote the use and protection of vegetation native and common to the Puget Sound region;

F. To promote the application of water-efficient techniques in the design, installation and maintenance of landscaping;

G. To provide physical safety of pedestrians and motorists through the proper location and placement of vegetation;

H. To protect public health through the absorption of air pollutants and contamination, and by capturing carbon dioxide;

I. To provide visual screening and summer cooling;

J. To reduce energy demand and urban heat island impacts;

K. To enhance property values;

L. To preserve scenic views, including views from public property and the City right-of-way; and

M. To meet the Arbor Day Foundation’s Tree Care Ordinance requirement for designation as a Tree City USA.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.020 Authority.

The Department shall review and may approve, disapprove or approve with modification all permits, site plans, and/or landscape plans for all uses and developments which are required to comply with the provisions of this section. This section includes landscaping requirements and urban forest management. Chapter 76.09 RCW and Chapter 222-20 WAC authorize the urban forest management provisions of this chapter.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 423 § 72, 2004; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.030 Disclaimer of liability.

The City is not liable for any damage to property or injury to persons that results because of landscaping or trees that must be retained as required by this chapter whether by natural and/or other causes. It shall be the responsibility of property owners to question the safety of landscape requirements or the health and safety of trees and to request modification of landscape requirements or review of diseased and/or dangerous trees as provided for in this chapter.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.040 Enforcement and penalties.

A. It shall be unlawful to remove any tree or vegetation in a manner inconsistent with this chapter, an approved tree preservation plan and/or a plat note which requires the preservation of trees and/or vegetation.

B. In addition to any other sanction or penalty or any remedial or administrative procedure available under the University Place Municipal Code or State law for a violation of any provision of this chapter or failure to comply with any permit or other written order or decision issued pursuant to this chapter, a monetary penalty of $1,000 for each tree cleared, cut, damaged or removed, or for each act of clearing, cutting, damaging, or removing vegetation, shall be assessed.

C. In the case of urban forest management, the City may impose a six-year moratorium on the development of the subject property when a property owner either fails to obtain a tree removal permit or violates the provisions of a valid tree removal permit, including failure to disclose the intended use of the property.

D. In addition to the monetary penalties above, each tree illegally removed shall be replaced with new trees of the same species at a replacement rate of three trees for every tree removed. The City may authorize an alternative species or cultivar if it would be a more suitable and beneficial selection for a specific location given unique site characteristics.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.050 Permits.

A. Tree Removal Permit. A tree removal permit is required to cut or otherwise remove six or more trees in any consecutive 36-month period. An application for a tree removal permit and any information required by this section shall be submitted for any tree removal activity not exempt by this section. If six or more trees are to be removed, a tree removal permit application shall be submitted at the same time an application for a building permit, development permit or land use permit is submitted. The application shall be on a form provided by the City and shall be accompanied by documents and information as are determined to be necessary by the Director. Notification of abutting and adjacent property owners is required.

B. The City may refer applications to an urban forester for comments. Any permit granted shall expire one year from the date of issuance. Upon a showing of good cause, a permit may be extended by the Director for one six-month period. The permit may be suspended or revoked by the Director because of incorrect information supplied or any violation of the provisions of this chapter. No work shall begin until a public notice has been posted on the subject site in a conspicuous location. The notice shall remain posted until the project has been completed.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.060 Definitions.

“At risk tree” is any tree with a structural defect and/or disease which makes it subject to a high probability of failure and with a proximity to persons or property that makes it an imminent threat.

“Brushing” means the practice of removing significant groundcover by hand or hand-operated equipment to create better visibility on a property for purposes such as marketing or surveying of said property.

“Christmas tree” means any evergreen tree or the top thereof, commonly known as a Christmas tree, with limbs and branches, with or without roots, including fir, pine, spruce, cedar and other coniferous species.

“Clearing” means the cutting, moving on site, or removal of standing or fallen timber (including stumps); the removal or moving on site of stumps; or the cutting or removal of brush, grass, groundcover, or other vegetative matter from a site in a way which exposes the earth’s surface of the site.

“Conversion” means converting the use of land from forestry to nonforestry uses.

“Critical root zone” is an area where the tree’s roots are located. This root zone is generally the area surrounding a tree at a distance which is equal to one-foot radius for every diameter-inch measured at breast height (dbh) or four and one-half feet above ground.

“Crown” is the area of a tree containing leaf- or needle-bearing branches.

“Development” is the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargements of any structure; any mining, excavation, landfill, stockpiling, clearing or land disturbance; and any use or extension of use of the land.

“Diameter at breast height” (dbh) is a tree’s diameter in inches at four and one-half feet above the ground. On multi-stemmed or multi-trunked trees, the diameter shall be the diameter equivalent to the sum of trunk areas measured at four and one-half feet above ground.

“Drip line” of a tree means an imaginary line on the ground created by the vertical projection of the foliage at its greatest circumference.

“Forest practices” means any activity relating to growing trees and harvesting or processing timber including but not limited to road and trail construction; harvesting; thinning; reforestation, fertilization, prevention and suppression of diseases and insects; salvage of trees; and brush control.

“Groundcover” means types of vegetation which are normally terrestrial and low spreading such as shrubs, vines, ornamental grasses, and herbaceous plants typically less than 12 inches in height.

“Invasive plant” is a species that was introduced by humans to locations outside of its native range that readily spreads and persists over large areas. Invasive species negatively impact natural ecosystems by displacing native species, reducing biological diversity, and interfering with natural succession. Plant species known to be invasive in the Pacific Northwest are listed in UPMC 19.65.340.

“Limited tree removal” is the removal of five trees or less in any 36 consecutive months for the purposes of property development, solar access, general property and utility maintenance, landscaping or gardening.

“Nuisance tree” is a species that is known to be weak-wooded and unstable, or one that exhibits other traits that render it prone to creating nuisance conditions for persons and property located in close proximity to such trees. Tree species categorized as nuisance trees in University Place are listed in UPMC 19.65.350.

“Outdoor storage area” means an area on a site where materials, merchandise and/or equipment is stored outdoors.

“Remove” or “removal” is the act of removing a tree by digging up, cutting down, or any act which causes the tree to die within a period of three years, including, but not limited to, damage inflicted on the root system by machinery, storage of materials, or soil compacting, or changing the ground level in the area of the tree’s root system; damage inflicted on the tree permitting infections or infestation; excessive pruning; topping; paving with concrete, asphalt, or other impervious material within the drip line; or any other action which is deemed harmful to the tree.

“Replacement tree” means any self-supporting perennial woody plant that measures at least six feet in height at the time of planting and at 24 inches above the root ball has a diameter of at least three inches for evergreen trees, and is fully branched and has a minimum caliper of two inches and a minimum height of 10 feet at time of planting for deciduous trees.

“Significant tree” means a tree identified on the City’s inventory of significant trees.

“Tree” means a living woody plant characterized by one or more main stems or trunks and many branches, with the trunk or at least one main stem having a diameter of six inches or more at breast height (dbh). Invasive, nuisance or hazard trees, of any size, as determined by the City, are not considered trees for the purposes of this chapter.

“Tree removal permit” means a permit issued by the City to permit clearing and/or tree removal pursuant to the provisions of this chapter.

“Tree topping” is an extreme form of crown reduction that removes whole tops of trees or large branches and/or trunks from the tops of trees, leaving stubs or lateral branches that are too small to assume the role of a terminal leader – the vertical stem at the top of the trunk. Tree topping severely cuts back large trees to a predetermined size in a manner that:

1. Leaves large exposed wounds that can become infested;

2. Ruins tree structure;

3. Removes too much foliage, disrupting the tree’s energy storage;

4. Stimulates vigorous new growth, which is prone to breakage;

5. Increases tree maintenance costs; and

6. Destroys a tree’s appearance and value.

“Understory” means small trees and shrubs growing below the canopy of larger trees.

“Urban forest management” means the management of trees in the City, whether on public or private property, for the purposes of but not limited to maintaining the wooded character of the City and property values; providing wildlife habitat, buffering, and wind protection; facilitating aquifer recharge and slope stabilization and enhancing our healthy, safe, and attractive environment.

“Urban forester” is a licensed professional approved by the City with academic and/or field experience that makes him or her a recognized expert in tree preservation and management. For City approval, an urban forester shall be a Society of American Foresters (SAF) Certified Forester, an International Society of Arboriculture (ISA) Certified Arborist, or an American Society of Consulting Arborists (ASCA) Registered Consulting Arborist.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 514 § 5, 2008; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003).

19.65.070 Exemptions.

The following shall be exempt from the tree removal permit requirements of this chapter but shall satisfy all standards and requirements of UPMC 19.65.240 and other sections as noted below. Except for limited tree removal, a written exemption must be obtained from the City prior to commencing any clearing or tree removal.

A. Limited tree removal except in the following critical areas: landslide and erosion hazard area, fish and wildlife habitat area or its buffer, and/or wetland or wetland buffer – unless authorized pursuant to UPMC Title 17, Critical Areas.

B. Removal of trees where the trunks are located within 10 feet of an existing building that will remain on a site.

C. Removal of at risk trees in emergency situations involving immediate danger to life or property or substantial fire hazards as determined by the City. Replacement of any trees removed is required in accordance with the replacement provisions of this chapter.

D. Removal of an at risk tree following an affirmative recommendation by an ISA-Certified Arborist or ASCA Registered Consulting Arborist that the tree is a safety risk and should be removed. The arborist shall conduct an assessment in accordance with ANSI A300 (Part 9) – 2011 Tree Risk Assessment and provide a written report that includes: identification and location of the specified trees; a description of the methods used; tree risk assessment data; recommendations for mitigating risk or additional assessments; and recommendations for monitoring and follow-up. The arborist performing this work shall have a Tree Risk Assessment Qualification (TRAQ) or equivalent. The City may, at its discretion and in consideration of ISA tree risk assessment guidance, waive the certified or registered arborist requirement if City staff conducts an on-site inspection and determines that a tree clearly and obviously constitutes a risk. City staff should consider the following conditions when conducting a tree risk assessment:

1. Is the tree dead, diseased, decayed, burned or otherwise damaged;

2. Are there multiple weak branch attachments, broken and/or hanging limbs;

3. Is the foliage sparse, and/or discolored;

4. Is there evidence of root rot/exposed, undermined or pruned roots or a restricted root area;

5. If leaning, what is the degree of lean? Are roots broken or is the soil heaving or cracking;

6. Is the top broken on conifers; and

7. Are there targets such as buildings, parking, or traffic or pedestrian facilities below the tree? Can the target(s) be moved?

Upon such inspection, staff may determine that further review by a certified or registered arborist is required before making a determination as to whether a tree constitutes a risk.

E. Removal of windthrow.

F. Emergencies. Removal of trees necessary to protect public safety or public or private property from imminent danger in response to emergencies declared by the City, County, State or Federal governments. In the case of a declared emergency, the written approval requirement shall be waived.

G. Removal of street trees, when performed by or on behalf of the City to maintain rights-of-way and in the interest of public safety.

H. Removal of trees that interfere with existing utility transmission lines when pruning is not sufficient to alleviate the interference condition. Topping is prohibited. Utility pruning shall be conducted in accordance with the latest edition of the United States Department of Agriculture’s Publication NA-FR-01-95 How to Prune Trees available on the web, except that tree pruning for utilities shall be conducted in accordance with the latest edition of the International Society of Arboriculture’s Best Management Practices – Utility Pruning of Trees.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.080 Required water conservation.

During periods when water conservation is required, new landscaping and maintenance of existing required landscaping shall not be required. However, following the lifting of water restrictions, any landscaping required during the period of the required conservation shall be installed and all required landscaping shall be restored to a healthy condition. Any required landscaping that has died shall be replaced in accordance with UPMC 19.65.220.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.090 Landscaping.

Landscaping shall be located along street frontages, around the perimeter, in parking areas and/or on other areas of a site in accordance with the following sections and the landscape tables in UPMC 19.65.150(A) and (B). This subsection shall apply to the following:

A. New Development. All new uses shall provide landscaping in accordance with the requirements of this chapter. The landscape tables indicate the particular landscape category which applies to proposed uses. The tables and other sections of this chapter shall be used as standards when landscaping requirements are imposed as part of a discretionary permit review process.

B. Expansions of or Alterations to Existing Uses. The requirements of this section shall apply to remodeling or expansion of existing uses under either of the following conditions: (1) when the remodeling or expansion results in the remodeling of or addition of 10 percent or more of the gross floor area of the existing principal building or, collectively, to any principal buildings in a development project; or (2) when the remodeling or expansion results in cumulative improvements to the interior and/or exterior of a structure (except for normal maintenance, repair, and life/safety improvements including but not limited to reroofing, painting, recarpeting, fire sprinkler installation, and improved exiting and accessibility), which within a 12-month period exceeds a cumulative value of 10 percent of the assessed value of the structure as assessed by the Pierce County Assessor’s Office. All landscape requirements of this section shall apply to the entire property. The landscape tables indicate the particular landscape category which applies to proposed expansion or alteration. Where conformance with this section would create a nonconformity of parking standards or would conflict with the location of existing buildings on the lot, the Director shall determine how the code is to be applied. The Director shall use landscape averaging by requiring more landscaping in one area and reducing it in another. In determining how to apply the landscaping requirements in such circumstances, the Director shall use the following criteria in deciding which of the landscaping requirements to adjust, listed in the order of highest importance:

1. Compliance with street frontage landscaping standards;

2. Compliance with perimeter landscaping standards;

3. Compliance with internal area of parking lot standards;

4. Compliance with other landscaping standards of this title.

C. Change of Use or Occupancy. When the use of a building or lot changes to another use which does not involve expansion or remodeling as provided in subsection (B) of this section, such use need not provide additional landscaping except under the following circumstances:

1. Additional off-street parking is required, in which case the landscaping required by UPMC 19.65.110 shall be required for all new parking spaces or parking facilities provided.

2. The use is subject to special use permit in which case the review authority shall establish the minimum landscape requirements for the specific use.

3. New uses, storage or other activities will take place outdoors, in which case the requirements of UPMC 19.65.120 shall apply.

4. The previous use did not comply with the requirements of the landscaping regulations in effect at the time it was established.

5. Difference of Standards. Where there is a difference in the standards listed in this section and the specific requirements listed for specific uses, the more stringent will apply. The Director may permit alternative landscaping, as provided in UPMC 19.65.170, when the overall site development plan proposed provides equivalent or better results than required by this title.

6. If contiguous lots are developed jointly, the requirement for perimeter buffering between the jointly developed lots shall not be required.

7. No street frontage landscaping is required for single-family or duplex dwellings constructed on a lot of record that existed on the effective date of this code.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 452 § 1 (Exh. B), 2005; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.095 Difference of standards.

Where there is a difference between the standards listed in this chapter and the specific requirements listed for specific uses, the more stringent will apply. Landscaping design standards and guidelines specified for small lot development, multifamily development, and projects located within the MU, MU-O, MU-M, MU-N45, MU-U75, MU-U/I75 or MU-C110 zones shall prevail when conflicts between this chapter and these specific requirements exist. The Director may permit alternative landscaping, as provided in UPMC 19.65.170, when the overall site development plan proposed provides equivalent or better results than required by this title.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 559 § 9 (Exh. A), 2009).

19.65.100 Street frontage landscaping.

Any portion of any use, except individual single-family or duplex lots that abut a public right-of-way, shall install Level III landscaping unless otherwise specified. See Figure 3 in UPMC 19.65.140.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 370 § 1, 2003; Ord. 307 § 2, 2001).

19.65.105 Transition landscaping requirements.

Development or redevelopment of uses not permitted in the R1 or R2 zones on those portions of properties that abut or are across a local street (as defined in Chapter 13.20 UPMC) from an R1 or R2 zoned property shall:

A. Install Level I landscaping within the front yard setback abutting all local streets. See Figure 1 in UPMC 19.65.140.

B. Install a solid 100 percent sight-obscuring six-foot-high fence or wall within or along the required setback along all local streets. The location of the fence or wall shall be approved by the Director. For the purposes of this section, a cyclone fence with slats is not a sight-obscuring fence.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 452 § 1 (Exh. B), 2005).

19.65.110 Parking lot and impervious surface area landscaping.

A. The intent of this section is to break up and reduce the barren appearance of parking, circulation, loading, storage and other large impervious surface areas of a site. To the extent practicable, landscaped areas shall be dispersed throughout the impervious surface area. Biofiltration (vegetated) swales or rain gardens are encouraged where feasible. The City may consider these low impact development measures or rain gardens in lieu of a portion of the perimeter or interior parking lot landscape requirements.

B. Perimeter Street Landscaping. Any portion of a parking lot, outdoor sales area or other large impervious surface area that is within 20 feet of a public road right-of-way shall install Level III landscaping along that portion of the parking lot perimeter. See Figure 3 in UPMC 19.65.140.

C. Interior Landscaping. All surface parking lots with 10 or more spaces or combined outdoor sales areas greater than 1,600 square feet must provide interior landscaping as follows:

1. Row Requirement. The maximum number of consecutive vehicle parking or sales display spaces without an intervening island or peninsula is 10, unless the row fronts on a landscaping area with a minimum planting width of eight feet. For such rows, the maximum consecutive parking spaces without an intervening island or peninsula is 20 spaces. A landscaping island or peninsula is required at the end of each row of four or more automobile parking spaces that terminates within a parking or circulation area.

2. Island/Peninsula Requirement. Landscape islands and peninsulas shall have a minimum planting width and length of eight feet and minimum planting area of 120 square feet. There shall be at least one tree planted on every island and peninsula.

3. Planting Type and Density. The following landscaping is the minimum required for each 300 square feet of impervious surface landscaping: one two-inch caliper deciduous tree or one six-foot-tall evergreen tree; five five-gallon shrubs; and groundcover. There shall be a minimum of one deciduous canopy tree per four parking spaces or vehicle storage or sales display spaces. Deciduous canopy trees shall be selected in accordance with the Approved Street Tree Palette (UPMC 13.20.1060) provided in the streetscape standards adopted pursuant to Chapter 13.20 UPMC, Article IX.

4. Curb/Curb Edge. Planting areas shall be fully protected by curbs as a means of preventing injury to plants from pedestrian or vehicular traffic and to prevent landscaping material from entering the storm drainage system. No trees or shrubs shall be planted within two feet of a curb edge. Groundcover is required within this two-foot area.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 559 § 9 (Exh. A), 2009; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.120 Perimeter landscape buffering.

A. Intent. The intent of this section is to provide for a physical, visual and noise buffer and transition between uses. Different landscape/buffer levels are used to address different uses, compatibility and in conjunction with new subdivisions.

B. General Requirements. Refer to the tables in UPMC 19.65.150(A) and (B) for the landscape level required by the proposed use, expansion or alteration. Each lot line will have a required landscape level based on the abutting land use except that, when two or more properties abut and share a common driveway or parking area, perimeter landscaping along the shared property line may be waived. Pedestrian walkways shall be permitted to cross required landscape areas. Refer to Figures 1, 2, and 3 in UPMC 19.65.140 for illustration of perimeter landscaping requirements.

C. If contiguous lots are developed jointly, the requirement for perimeter buffering between the jointly developed lots shall not apply.

D. Maintenance. Where landscaping has been required or a natural buffer has been set aside, no other use including, but not limited to, the construction of structures is allowed unless authorized by the original permit.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 559 § 9 (Exh. A), 2009; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.125 Residential development canopy tree requirement.

A minimum of one deciduous tree per 3,000 square feet of lot area shall be planted on each new single-family or duplex lot created through the short plat or conventional preliminary plat/final plat process after the effective date of the ordinance codified in this section. In addition, a minimum of one deciduous or evergreen tree per 2,000 square feet of dedicated common open space shall be planted within a project’s open space area. If the calculation of the number of trees results in a fraction of one-half or greater, the fraction and the number of trees shall round up to the next whole number. If this calculation results in a fraction of less than one-half, the fraction and the number of trees shall round down to the previous whole number.

Planting on an individual lot shall occur prior to the building permit being finaled for a new dwelling unit on the lot. Trees required under this provision shall be in addition to any street trees required to be planted within a public street right-of-way or replacement trees required to be planted in accordance with UPMC 19.65.310. This section shall not apply to small lot developments designed in accordance with Chapter 19.53 UPMC.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 559 § 9 (Exh. A), 2009).

19.65.130 Interior landscaping/site stabilization.

All interior portions of lots, parcels or tracts which are not developed with buildings, parking areas and/or accessory uses or where other more specific landscaping regulations are required shall be landscaped with Level IV landscaping, unless native vegetation already exists, and shall be maintained. This includes temporary stabilization of development sites.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.140 Landscape levels.

A. Level I: Visual Screen. Level I landscaping is intended to provide a very dense sight barrier to significantly separate uses and zoning districts. It shall generally consist of a mix of predominantly evergreen plantings including living trees, shrubs and groundcovers. The choice and spacing of plantings shall be such that they will form a dense hedge sufficient to obscure sight through the screen within three years after planting. Where a sight-obscuring fence is required, chain-link fencing with slats shall not be considered to be sight-obscuring. Level I landscaping shall consist of the following:

1. A minimum of two staggered rows of evergreen trees planted along the entire length of the required buffer. Trees shall be chosen and spaced so as to form an effective visual screen, which creates a solid sight-obscuring barrier within three years of planting. Evergreen trees shall be planted no greater than 15 feet on center in each row.

2. The width of a Level I landscape buffer shall be no less than 20 feet. The area which is not planted with trees shall be planted with shrubs and groundcover. Shrubs shall be spaced no greater than five feet on center. Shrubs and groundcover shall be planted to attain a coverage of 90 percent of the planting area within three years.

3. Lawns may be used to cover up to 75 percent of the landscape area which is not planted with trees or shrubs.

Figure 1. Landscaping Level I, Visual Screen

B. Level II: See-Through Buffer. Level II landscaping is intended to create a visual separation between uses and zones. Level II landscaping shall consist of:

1. A mix of evergreen and deciduous trees, with no more than 30 percent being deciduous. All trees shall be planted at intervals no greater than 10 feet on center.

2. The width of a Level II landscape buffer shall be no less than 12 feet. The area which is not planted with trees shall be planted with a mix of evergreen and deciduous shrubs, with not more than 30 percent being deciduous, planted at a density of seven per 100 square feet of planting area, together with other living groundcover planted to attain a coverage of 90 percent within three years of planting.

Figure 2. Landscaping Level II, See-Through Buffer

C. Level III: Ornamental Effects Landscaping. Level III landscaping is intended to provide a visual separation of uses from streets; and visual separation of compatible uses so as to soften the appearance of the development from public streets and soften the appearance of parking areas, buildings, and other improvements. Level III landscaping shall consist of:

1. Canopy-type deciduous trees or spreading evergreen trees planted in clumps or strips with a mix of living evergreen and deciduous groundcovers and low shrubs. Up to 100 percent of the trees may be deciduous. Trees shall be spaced at intervals no greater than 30 feet on center.

2. The width of a Level III landscape buffer shall be no less than five feet. The area which is not planted with trees shall be planted with shrubs and living groundcover chosen and planted to attain a coverage of 90 percent within three years of planting. Shrubs shall be planted at a density of five shrubs per 100 square feet of that portion of the landscape area which is not planted in lawn. Lawn may be used for up to 75 percent of the required groundcover.

3. Landscaping located within public rights-of-way shall be approved by the Department, prior to planting, as part of the review of landscape plans required by UPMC 19.65.200. Landscaping in the public right-of-way shall be in accordance with Chapter 13.20 UPMC, Article IX, Design Standards and Guidelines for Streetscape Elements.

Figure 3. Landscaping Level III, Ornamental Effects

D. Level IV: Soil Stabilizing Vegetation/Landscaping. Level IV landscaping is intended to provide soil stability, prevent erosion and prevent sedimentation of off-site properties and improvements. Level IV landscaping shall consist of lawn, other living groundcover, shrubs and trees with a root structure which stabilizes soil where necessary to prevent erosion and sedimentation. Type IV landscaping may include other organic and/or inorganic soil-stabilizing materials such as rockeries, retaining walls or other similar slope and soil stabilization devices. Level IV landscaping shall be established on all portions of development sites that are or have remained undeveloped for a period of six months.

Figure 4. Landscaping Level IV, Soil Stabilizing

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 559 § 9 (Exh. A), 2009; Ord. 443 § 1 (Exh. A), 2005; Ord. 423 § 73, 2004; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.150 Perimeter landscape tables.

A. Residential, Commercial and Industrial Table.

Existing Uses
	School or Park	Single-Family or Duplex Dwellings	Multifamily and Senior Housing	Offices and Services	Commercial Uses	Industrial Uses
Proposed Uses
Single-Family or Duplex Subdivisions	L3	X	L3	L1	L1	L1
Short Plats**	L3		L3	L3	L3	L3
Multifamily and Senior Housing*	L1	L1	L2	L1	L1	L1
Mixed Use	L1	L1	L1/L2***	L3	L3	L2
Religious Assembly and Day Care	L1	L1	L2	L1	L1	L1
Offices and Services	L1	L1	L1	L3	L3	L2
Commercial Uses	L1	L1	L1	L3	L3	L2
Industrial Uses	L1	L1	L1	L2	L2	L3

*Includes mobile home parks.

**Required on newly created vacant lots only as a condition of building permit issuance. Installation required prior to building permit final.

***Mixed use projects that are predominantly commercial shall use an L1 buffer. Mixed use projects that are predominantly residential shall use an L2 buffer.

Note: Perimeter landscaping not required when development is adjacent to vacant land.

B. Public Facilities and Utilities Table.

Existing Uses
	Single-Family or Duplex Dwellings	Single-Family or Duplex Subdivisions	Multifamily and Senior Housing	Offices and Services	Commercial Uses	Industrial Uses
Proposed Uses
Government and Utility Offices	L1	L1	L1	L3	L3	L2
Schools and Parks	L1	L1	L1	L2	L2	L1
Government and Utility Maintenance Facilities	L1	L1	L1	L2	L2	L3
Sewage Treatment Plants	L1	L1	L1	L1	L1	L1
Accessory Utility Facilities	L2	L2	L2	L3	L3	L3

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 662 § 1 (Exh. A), 2015; Ord. 607 § 1 (Exh. A), 2012; Ord. 559 § 9 (Exh. A), 2009; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.160 Not required in wetlands or across streams.

The landscape requirements of this chapter are not required in a wetland, wetland buffer, fish and wildlife buffers or across streams.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.170 Modification of landscaping requirements.

A. Upon written request supported by one or more of the following instances the Director may authorize a reduced width of planting or waive some or all of the landscaping requirements:

1. Where, except those areas where Level IV landscaping is required, the requirement of this chapter would require more than 50 percent of the site area (excluding parking lots) to be landscaped, the Director may modify the requirements so that not more than 50 percent of the site area (excluding parking lots) must be landscaped. The Director may require more intensive landscaping if the reduction in the required planting area would reduce the effectiveness of the landscaping to a point where the intent of the landscape level cannot be satisfied.

2. When the inclusion of existing vegetation on the site would result in landscaping equivalent to or better than the requirements of this chapter in achieving the intent of the required landscape level.

3. When existing conditions on or abutting the site, including, but not limited to, differences in elevation, existing vegetation, location of buildings or utilities would render the requirements of this chapter ineffective.

4. When Level I visual screening is required, an applicant may request to use plantings that can be expected to form a healthy sight-obscuring evergreen hedge of equivalent screening within three years in lieu of two rows of trees. In reviewing such a request for modification, the Director shall consider the applicant’s request in light of the intent of Level I landscaping and the nature of the use or development which is being screened.

5. When the applicant proposes an alternative method of landscaping that would achieve the intent and purpose of the landscaping required in this chapter and which the Director determines to provide superior quality through the use of native vegetation existing on site, preservation of groves of trees, preservation of wetlands and/or wildlife habitat, increasing perimeter landscape width in strategic locations, providing unique focal points of interest, or through other means.

6. When development will occur in phases and development of subsequent phases will result in removal of landscaping required by this title.

B. When approving a request for a modification of landscaping requirements, the Director shall issue findings upon which the approval is based. The Director may attach conditions to any such approval of a request for modification of landscaping requirements if necessary to assure that the intent of the landscape level and any modification thereof is maintained.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.180 Planter boxes.

In limited circumstances the Director may approve the use of planter boxes in lieu of Level III landscaping where such planter boxes will not obstruct sight distance.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.190 Sizes and types of landscaping.

Landscape areas required pursuant to UPMC 19.65.090 through 19.65.150 shall conform to the following standards. All plant material shall meet or exceed ANSI Z60.1-1996 American Standards for Nursery Stock.

A. Trees, Evergreen. Size: Coniferous and broadleaf evergreen trees may be comprised of a mixture of sizes but shall not be less than six feet in height at time of planting. Tree material at time of planting shall be of a sufficient size to meet applicable landscape buffer or screening requirements within 10 years of installation.

B. Trees, Deciduous. Size: Deciduous trees may be comprised of a mixture of sizes but shall be fully branched, have a minimum caliper of two inches and a minimum height of 10 feet at time of planting unless the City determines that a particular species or cultivar, which is available only in a smaller size, is the preferred selection for a specific location. Tree material at time of planting shall be of a sufficient size to meet any applicable landscape buffer or screening requirements within 10 years of installation.

C. Shrubs and Hedges. Size: Shrubs may be comprised of a mixture of sizes but shall not be less than 24 inches at time of planting. Shrub and hedge material at time of planting shall be of a sufficient size to meet the minimum height and screening requirements within three years of installation.

D. Groundcover, Vegetative. Size: Groundcover shall be planted to achieve a minimum planting area coverage of 90 percent of required coverage within three years of installation and shall achieve 100 percent of required coverage within five years of installation.

E. Groundcover, Inert. Wood chips, bark, decorative rock or other appropriate inert organic material may be used.

F. Lawn Sodded and Seeded. Newly seeded lawns or installed sod shall be comprised of drought-resistant and hardy varieties which, when properly installed and maintained, are capable of surviving under conditions of restricted water use.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.200 Landscape plans.

A. A landscape plan includes a planting plan and an irrigation plan and is required to be prepared for any landscape areas required in UPMC 19.65.100 through 19.65.130 including active recreation areas in formal subdivisions and short subdivisions. Other areas require only a planting plan. Plans shall be submitted to the Department for review and approval.

B. Landscape plans shall be prepared by a Washington State registered landscape architect, a Washington State certified nurseryperson, or a Washington State certified landscaper, except that landscape plans for short subdivisions and for street tree requirements may be prepared by the applicant. A certified irrigation designer shall prepare the irrigation plan.

C. A planting plan is required to ensure that the proposed plantings are in conformance with the standards and requirements of this chapter. A planting plan drawn to the same scale as the other development plans shall include, at a minimum, the following components:

1. The location of existing vegetation to be retained, proposed vegetation, property lines, impervious surfaces, existing or proposed buildings, natural or manmade water features or bodies, existing or proposed fences and retaining walls, critical lands and associated buffers, and designated recreational open space areas.

2. A plant schedule containing the botanical and common names of the new plant material, existing plant material proposed to be retained, the planting size of the material, the number of each plant, and any special planting instructions.

3. Whenever possible the landscape plan shall incorporate the recommendations contained in the City’s publication on root control, water conservation and suggested plant material.

D. An irrigation plan is required to ensure that the planting will be watered at a sufficient level to ensure plant survival and healthy growth. All landscaped areas must provide an irrigation method as stated below:

1. Option 1. A permanent underground irrigation method with an automatic controller plus an overriding rain switch.

2. Option 2. An irrigation method which provides sufficient water to ensure that the plants will become established. The method shall be required to be permanent unless the plant materials selected are determined to be drought-tolerant by the Department, in which case irrigation standards shall be required only during the initial three growing seasons following installation. Even if drought-tolerant plants are used in the landscape design, there must be an identified method to easily provide water to the plants in the case of a prolonged drought. Any automatic/mechanical system designed under this option shall be fitted with an overriding rain switch.

E. Planting is encouraged to take place in the spring or fall planting season following final development permit approval, and shall be completed prior to final occupancy approval of the building. The Director may allow a postponement of the landscaping due to weather conditions, with appropriate financial guarantees to ensure completion, but in no case shall planting be postponed beyond 90 days after the certificate of occupancy is issued or final inspection. However, the Director may approve an alternative timeline associated with a phased project.

F. Following installation of the landscaping and irrigation, the person or persons who prepared the planting and irrigation plans shall submit, within 30 days, a signed affidavit that the landscaping and irrigation system has been installed per the approved plans. The City will conduct an inspection prior to final approval of the landscape plan.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.210 Maintenance.

A. The following standards shall be followed for all required landscaping:

1. The property owner shall maintain all landscaping for the life of the land use. Any plantings removed should be replaced with plantings of like kind or ones that achieve the original objectives of the approved landscape plan.

2. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition or to prevent primary limb failure. Tree pruning shall be accomplished in accordance with the latest edition of the United States Department of Agriculture’s Publication NA-FR-01-95 How to Prune Trees available on the web.

3. All landscape areas shall be kept free of trash.

B. Uses permitted by special use permits issued before the City’s incorporation where landscaping was required as a condition of approval shall be subject to the maintenance provisions of this section.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.220 Replacement.

The following standards apply to the replacement of vegetation within required landscape areas:

A. Any installed plant material located within required landscape areas which dies shall be replaced during the spring or fall growing season following plant loss but not greater than 180 days from time of loss. This standard applies for the life of the project.

B. Any tree existing on site at the time of development, greater than four inches dbh, located within a required perimeter landscape buffer or parking lot landscape areas, shall be replaced during the spring or fall growing season following death or following a determination by an urban forester or the City that the tree is diseased or damaged and has a significant chance of toppling in high winds, but not greater than 180 days from time of loss. The existing tree shall be replaced on a two-for-one basis. Any future replacement of the initial replacement trees shall occur at a one-for-one ratio. This standard applies for the life of the project.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.230 Financial guaranty.

A. Performance bonds or other appropriate security (including but not limited to an assignment of funds) in the amount of 125 percent of the approved estimated landscaping cost shall be required if landscaping is not installed. The financial guaranty shall be provided prior to issuance of occupancy, for nonresidential building permits, before final inspection of residential construction, and prior to final subdivision or short plat approval, whichever is applicable. Prior to accepting a financial guaranty, the City shall have approved the landscape plans and a cost estimate for completing the landscaping. The cost estimate shall include the cost of plant material, irrigation and labor, installation, and materials.

B. For all projects which require landscaping except short plats, a 36-month landscaping maintenance guaranty equal to the cost of the landscaping less the irrigation system shall be required prior to final project approval or release of the landscape performance bond. At the end of the 36-month period, the applicant shall request that the City inspect the landscaping to ensure all planted material is alive and healthy. Any plant material needing replacement shall be replaced in accordance with UPMC 19.65.220 and inspected prior to the release of the maintenance guaranty. After the maintenance bond is released, landscaping shall be maintained in accordance with UPMC 19.65.210. The Director may extend the maintenance guarantee beyond the initial 36-month term if necessary to ensure establishment of any plants replaced during the initial term. In recognition that landscape maintenance bonds may not always be readily obtainable, options for guarantees could be provided, as shown in subsection (C) of this section.

C. The landscape maintenance guarantee may take the form of: (1) a maintenance bond in a form deemed acceptable to the City; (2) an assignment of funds in an amount equal to the bonded amount (125 percent of the cost of landscaping less the irrigation system); or (3) a three-year contractual agreement between the owner/developer and a licensed landscape architect, Washington certified nurseryman, or Washington certified landscape contractor, along with a rider or endorsement specifically identifying the City as a party to the agreement for purposes of enforcement.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.240 Urban forest management.

The intent of this section is best stated in Comprehensive Plan policy EN3I, which states, “Protect and enhance the natural green and wooded character of University Place.” Therefore, projects shall be designed around existing trees, preserving the maximum number of trees and existing native vegetation as possible. The intent is to discourage clear-cutting of a project site, mass grading and reliance on replanting with smaller trees as mitigation for the loss of tree canopy. Forest practices except for Christmas tree cultivation are prohibited in University Place. Because of the likelihood that much of the remaining undeveloped privately owned land within the City will be converted to urban development in the foreseeable future, all trees shall be managed in accordance with this chapter.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.250 City tree account.

Funds kept for planting and maintenance of trees on City property and in public rights-of-way shall be kept in a City tree account. Funds shall be placed in the account by the City Council, from fines collected as a result of violations of this chapter, from payments in lieu of replacement trees, from private donations and from grants and loans for the purpose of establishing and maintaining trees in the City. A schedule of tree costs including tree purchase, installation and maintenance is adopted by separate resolution.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.260 Significant trees.

The City may maintain an inventory of significant trees.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.270 Tree retention in development situations.

A. This section regulates the removal of trees associated with the development process to encourage development, where practicable, to incorporate existing trees, particularly high quality or more desirable trees, into a design. It is the intent of these provisions to lessen the aesthetic and ecological impacts of tree removal.

B. The applicant must show how existing trees, excluding invasive trees, nuisance trees and at risk trees, will be preserved by choosing one of the following options to identify those trees to be retained. Trees located within a critical area or associated buffer are excluded from the following calculations:

1. Preserve at least 35 percent of the trees located on the site;

2. Preserve all trees greater than or equal to 20 inches dbh and at least 20 percent of the total tree diameter on the site, where there are at least four trees greater than or equal to 20 inches dbh on the site;

3. Preserve at least 50 percent of all trees greater than or equal to 20 inches dbh and at least 25 percent of the total tree diameter on the site, where there are at least four trees greater than or equal to 20 inches dbh on the site;

4. Preserve at least 30 percent of the total tree diameter on the site, where all trees are less than 20 inches dbh; or

5. Preserve at least 35 percent of the total regulated tree canopy area on the site, if the site is larger than two acres.

C. In addition to those trees identified for retention in subsection (B) of this section, the following trees shall be retained:

1. All trees within a critical area including wetlands or wetland buffers, fish and wildlife habitat buffers, or landslide and erosion hazard areas with slopes requiring preservation, unless removal is authorized pursuant to UPMC Title 17. If the City determines that a tree located within a critical area is an at risk tree, the City may authorize conversion of the tree to a “habitat snag” by cutting the tree at the highest point possible that still eliminates risk from a tree. The lower portion of the tree remains in place as a habitat snag to provide habitat value for fish and wildlife. In addition, the upper portion of the tree is usually left on the ground to provide extra habitat value. Also, in order to compensate for the loss in habitat value, additional tree plantings in the critical area and/or buffer may be required as mitigation;

2. All trees within an identified scenic road corridor, wildlife corridor, or scenic trail identified in the City’s Parks, Recreation and Open Space Plan or the Comprehensive Plan;

3. All significant trees; and

4. Trees located within a shoreline vegetation conservation area except when their removal is authorized in accordance with UPMC 18.25.100(F) and (G).

D. Except as provided in subsection (C)(1) of this section, trees to be retained shall not include at risk trees that are determined to be exempt under UPMC 19.65.070(D). At risk trees may include:

1. Damaged or diseased trees;

2. Trees that pose a safety hazard due to potential root, trunk or primary limb failure; or

3. Mature trees that have grown in a dense stand of trees and recently become exposed to windthrow due to nearby development activity.

E. At the discretion of the City, damaged or standing dead trees may be retained and counted toward the tree requirement, if demonstrated that such trees will provide important wildlife habitat and are not classified as at risk trees.

F. A tree removal permit is required when the development activity will result in the removal of more than five trees. Up to five trees may be removed in development situations before calculating the number of trees that shall be retained as set forth in subsection (B) of this section.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 628 § 1 (Exh. A), 2013; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.275 Tree retention – No associated development.

A. The purpose of this section is to manage and conserve the urban forest when development activity is neither proposed nor occurring.

B. Trees listed in UPMC 19.65.270(C) shall be retained.

C. A maximum of five trees not listed in UPMC 19.65.270(C) may be removed within a 36-month period without a tree removal permit. In addition, trees determined to be at risk trees as provided in UPMC 19.65.270(D), invasive trees as provided in UPMC 19.65.340, and nuisance trees as provided in UPMC 19.65.350 may be removed and will not count toward the five-tree limit.

D. Removal of additional trees beyond those provided for in subsection (C) of this section may only be authorized through issuance of a tree removal permit in accordance with the tree retention standards set forth in UPMC 19.65.270 and this chapter.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016).

19.65.280 Tree retention plans.

The City shall participate in the three phases of tree retention described below. The City may retain an urban forester to work on the City’s behalf. The urban forester shall be paid by the City and the applicant shall reimburse the City for all urban forester costs. Urban forester expenses shall be reimbursed prior to the issuance of any building permits or final approval, whichever is first required following the work done by the urban forester.

A. Survey and Evaluation Phase.

1. Individual Tree Survey. The applicant shall provide a survey of the location of all trees and place them on the site plan. All trees located near existing and proposed buildings, roads, common open space areas, and other activity areas shall be evaluated. The tree identification number, species, size, condition, vigor, structure, risk of failure, and maintenance recommendations shall be documented in the plan.

2. Statistical Sampling. For large stands of trees proposed to be retained in their entirety or largely in their entirety, statistical sampling may be used to estimate the total tree dbh and total number of trees present. Sampling must be carried out by an SAF Certified Forester based on standard methodologies. Statistical sampling may be used in these stands in lieu of individual tree survey.

3. Tree Canopy. When calculating the amount of regulated tree canopy on a site, the total canopy area must be based on the most recent aerial photograph available. The aerial photograph must be no more than five years old. Other data such as LiDAR may be used to help in calculating tree canopy as appropriate. Regulated tree canopy excludes invasive trees, nuisance trees, at risk trees and trees within critical areas or their buffers.

B. Planning and Design Phase.

1. Detailed planning and design should not proceed until the survey and evaluation phase is completed so that the project design may achieve the most beneficial tree retention plan from the standpoint of maximizing ecological and aesthetic benefit to the community. The applicant shall work with the City to determine which trees can be preserved based on location, grade changes, and proposed uses and improvements.

2. The critical root zone (CRZ) of all trees to be retained near clearing, grading, or other disturbances shall be shown on all site plan construction documents. Any grading, construction, or utility installation within the CRZ shall be called out on the plan. Required work in these areas shall be under the direction or instruction of the City.

3. The locations of tree protection barriers shall be shown on the clearing and grading plans. Tree protection barriers shall be shown along the edge of the CRZ or adjusted under the direction of the City.

C. Construction Phase.

1. A preconstruction meeting is required before any clearing takes place. The City shall point out retained trees to the general contractor, review tree preservation guidelines, and answer questions regarding tree protection.

2. The City shall inspect and approve the tree protection barrier prior to any work on the site, make adjustments where necessary, and discuss techniques to work within CRZs as needed.

3. The City shall establish a schedule to periodically monitor the tree retention plan based on the number of trees and difficulty of protecting trees during construction.

4. When clearing and grading activities are completed, the applicant shall request an inspection. The City may require tree maintenance and remedial action to improve tree health and vigor. If any unauthorized trees are removed, the City shall take action in accordance with UPMC 19.65.040.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.290 Tree protection.

A. To provide the best protection for remaining trees:

1. No tree removal that requires a permit shall be allowed on a site until approval of the tree removal permit.

2. An area free of disturbance, generally corresponding to the CRZ of each tree, shall be identified on the site plan. During construction a temporary five-foot-high chain link or plastic net fence shall be installed around the trees or group of trees to be retained.

3. No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the area enclosed by such fencing.

4. A rock wall shall be constructed if the grade level around a tree is to be raised by more than one foot. The inside diameter of the wall shall be equal to the diameter of the drip line of the tree.

5. The grade level shall not be lowered within the larger of the two areas defined as follows:

a. The drip line of the tree(s); or

b. An area around the tree equal to one-foot diameter or each inch of tree trunk diameter measured four feet above the ground.

B. The City may approve use of tree protection techniques, other than those listed above, if the trees will be protected to an equal or greater degree than by the techniques listed above. Alternative techniques shall be those recommended by an urban forester.

C. No impervious surface or fill shall be placed within the drip line of the tree unless the City determines that the long-term health of the tree will not be significantly harmed.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.300 Tree removal in subdivisions.

When subdividing property by preliminary plat, trees and groundcover shall not be removed prior to preliminary plat approval. When subdividing property by either short or preliminary plat, no clearing of trees or groundcover may take place until a tree preservation plan and site development permit have been approved by the City. Road locations must be staked prior to clearing. Prior to issuance of a building permit, a title notification shall be recorded that states:

Trees which are required to remain on this lot pursuant to the city’s tree preservation regulations (Chapter 19.65 UPMC) shall not be removed for a period of three years from the date of original purchase by individual lot owners except as provided for in UPMC 19.65.270(D) and only then following consent by the city. Regulated trees removed subsequent to this three year period shall be replaced in accordance with UPMC 19.65.190 and UPMC 19.65.310.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.310 Tree replacement.

A. When the required number of trees cannot be retained as determined at the sole discretion of the City, trees that are removed shall be replaced with new trees of the same species at a replacement rate of three trees for every tree removed. The City may authorize an alternative species or cultivar if it would be a more suitable and beneficial selection for a specific location given unique site characteristics.

B. When the required number of trees cannot be physically retained or replaced on site, the applicant has the option of:

1. Planting the required number of replacement trees at locations approved by the City prior to the time of occupancy of the building or final approval of the subdivision at the same rate as the replacement rate required for on-site replacement of trees; or

2. Payment in lieu of replacement may be made to the City tree account for planting of trees in priority off-site locations within the City. These are public street rights-of-way, public parks, and other public open spaces. The payment is an equivalent amount to the estimated cost of buying and planting the trees that would otherwise have been required to be planted on site, as determined by the City’s tree replacement cost schedule. The payment in lieu of planting trees on site shall be made prior to the issuance of any building permit or final subdivision approval.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001).

19.65.320 Tree maintenance and pruning.

Trees that are required to be maintained and replacement trees shall be pruned and trimmed as necessary to maintain a healthy growing condition or to prevent primary limb failure. Tree pruning shall be accomplished in accordance with the latest edition of the United States Department of Agriculture’s Publication NA-FR-01-95 How to Prune Trees available on the web, except that tree pruning for utilities shall be conducted in accordance with the latest edition of the International Society of Arboriculture’s Best Management Practices – Utility Pruning of Trees.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016).

19.65.330 Common area management plans.

In those cases where a residential development has common areas that are managed by a homeowners’ association, a common area management plan may be developed in lieu of obtaining consecutive tree removal permits. A common area management plan shall be developed by a certified or registered arborist and submitted to the City for review and approval.

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016; Ord. 607 § 1 (Exh. A), 2012; Ord. 443 § 1 (Exh. A), 2005; Ord. 394 § 1, 2003; Ord. 307 § 2, 2001. Formerly 19.65.320).

19.65.340 Invasive plant species list.

Plant species known to be invasive in the Pacific Northwest are listed below. These plants are not permitted in the City street right-of-way or new landscape plans. The City may determine that additional plant species should be classified as invasive if the species clearly exhibits the detrimental characteristics of invasive species. Any plant species classified by Pierce County as a noxious weed is assumed to be included in this list.

Common Name	Species Name
Norway maple	Acer platanoides
Sycamore maple	Acer pseudoplatanus
Horse chestnut	Aesculus hippocastanum
Tree-of-heaven	Ailanthus altissima
European white birch	Betula pendula
Butterfly bush	Buddleia
Old man’s beard	Clematis vitalba
English/European hawthorn	Crataegus monogyna
English holly	Ilex aquifolium
Japanese bloodgrass	Imperata cylindrica
Princess tree	Paulownia tomentosa
Silver lace vine	Polugonum aubertii
White poplar	Populus alba
Sweet cherry	Prunus avium
Cherry laurel	Prunus laurocerasus
Portugal laurel	Prunus lusitanica
Black locust	Robinia pseudoacacia
European mountain ash	Sorbus aucuparia
Mexican feather grass	Stipa tenuissima
Siberian elm	Ulmus pumila

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016).

19.65.350 Nuisance tree species list.

Tree species categorized as nuisance trees in University Place are listed below. The City may determine that additional tree species should be classified as nuisance trees if the species clearly exhibits the detrimental characteristics of nuisance species.

Common Name	Species Name
Red alder	Alnus rubra
Black cottonwood	Populus trichocarpa

(Ord. 741 § 1 (Exh. N), 2020; Ord. 673 § 1 (Exh. A), 2016).