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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 2 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. 4 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