HomeMy WebLinkAboutOrdinance 42171
CITY OF EDMONDS, WASHINGTON
ORDINANCE NO. 4217
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
ESTABLISHING AN INTERIM EMERGENCY REGULATION TO
PROHIBIT THE REMOVAL OF CERTAIN LANDMARK TREES ON A
TEMPORARY BASIS, SETTING SIX MONTHS AS THE EFFECTIVE
PERIOD OF THE INTERIM REGULATION, AND DECLARING AN
EMERGENCY.
WHEREAS, the City Council is in the process of adopting new tree regulations; and
WHEREAS, the City Council wants to consider adopting an additional regulation that
would provide greater protection to trees of especially significant size; and
WHEREAS, such additional regulation for the City Council’s consideration may apply to
all private properties in the City;
WHEREAS, it will take several months for the City to evaluate and consider the merits,
scope, and details of such a regulation; and
WHEREAS, the City Council desires to adopt the following interim regulation to protect
landmark trees while this work can be done; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS
FOLLOWS:
Section 1. Purpose. The purpose of this interim regulation is to temporarily protect
certain landmark trees from tree removal as that term is defined in ECDC 23.10.020.S. This
temporary protection will allow the City adequate time to adopt a permanent regulation to govern
the removal of such trees. For the purposes of this ordinance, a “landmark tree” shall be defined
as any tree with a diameter at breast height (DBH) of twenty-four inches or more.
Section 2. Applicability. The exemption contained in ECDC 23.10.040.A shall have
no applicability to the provisions of this ordinance. This ordinance shall not apply to any tree
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removal associated with and permitted through a building permit, subdivision, or other land use
approval.
Section 3. Prohibition. For as long as this ordinance remains in effect, it shall be
unlawful to direct any act of tree removal toward a landmark tree, as that term is defined in
Section 1, above, unless the landmark tree also meets the definition of hazard tree in ECDC
23.10.020.G or nuisance tree in 23.10.020.K.
Section 4. Duration of Interim Regulations. The interim regulations imposed by this
Ordinance shall commence on the date of the adoption of this Ordinance. As long as the City
holds a public hearing on the interim regulations and adopts findings and conclusions in support
of the interim regulations (as contemplated by Section 5 herein), the interim regulations shall not
terminate until six (6) months after the date of adoption, unless it is repealed sooner.
Section 5. Public Hearing on Interim regulations. Pursuant to RCW 36.70A.390 and
RCW 35A.63.220, the City Council shall hold a public hearing on this interim regulation within
sixty (60) days of its adoption. In this case, the hearing shall be held on April 20, 2021 unless the
City Council, by subsequently adopted resolution, provides for a different hearing date. No later
than the next regular Council meeting immediately following the hearing, the City Council shall
adopt findings of fact on the subject of this interim regulations and either justify its continued
imposition or cancel the interim regulations.
Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
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APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
FILED WITH THE CITY CLERK: March 2, 2021
PASSED BY THE CITY COUNCIL: March 2, 2021
PUBLISHED: March 5, 2021
EFFECTIVE DATE: March 2, 2021
ORDINANCE NO. 4217