Ordinance 4217CITY 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
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.
PA
Section 7. Declaration of Emergency_. The City Council hereby declares that an
emergency exists necessitating that this Ordinance take effect immediately upon passage by a
majority vote plus one of the whole membership of the Council, and that the same is not subject
to a referendum. Without the immediate adoption of these interim regulations, the City faces the
possible removal of landmark trees. Therefore, the interim regulation must be imposed as an
emergency measure to protect the public health, safety and welfare, and to prevent the removal
of landmark trees. This Ordinance does not affect any existing vested rights.
Section 8. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
Section 9. Effective Date, This Ordinance shall take effect and be in full force and
effect immediately upon passage, as set forth herein, as long as it is approved by a majority plus
one of the entire membership of the Council, as required by RCW 35A.12.130. If it is only
approved by a majority of the Council, it will take effect five days after passage and publication.
APPROVED:
f .I�
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CI ER , SC TT 151WEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
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
11
SUMMARY OF ORDINANCE NO. 4217
of the City of Edmonds, Washington
On the 2„d day of March, 2021, the City Council of the City of Edmonds, passed Ordinance No.
4217. A summary of the content of said ordinance, consisting of the title, provides as follows:
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.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of March, 2021.
EI Y CLERK, SC"'(
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH921288 ORDS 4216-4218 as
it was published in the regular and entire issue
of said paper and not as a supplement form
thereof for a period of 1 issue(s), such
publication commencing on 03/05/2021 and
ending on 03/05/2021 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee for such public tion is
$42.0 -
Subs *bed and sworn bBfDT8. me on this Linda Phipps
z�— Y Public
day of f anlNaehington
i+xPites08z7
A.A A . f
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
SCOW PASSEY
Classified Proof
ORDINANCE SUMMARY
of tha City dr Edmantls, Waxhlny7ldn
On the 2n6 day of Mercn. 202t, she CISy Council of the Crty dl
Edmortds, passed 1'h Eaftewln)y Otdmancss, Ina summarlas of SWd
drdJneneee consJ3rIn of We% arm onmilded as follows:
ORDINANCE L34.4
AN ORDINANC OF EOMONDS,
WASHINGTON. AMENDING ORDINANCE NO. 4211 AS A
RESULT OF UNANTICIPATED TRANSFERS AND
EXPENDITURES OF VARIOUS FUNDS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
CRiANANC£ 4
9
.4217
AN ORDINANC. O H Cl Y OF EDMONDS,
WASHINGTON, ESTABLISHING AN INTERIM EMERGENCY
REGULATION TO PROHIBIT THE REMOVAL OF CERTAIN
LANDMARX. TREES ON'A TEMPORARY BASIS. SETTING
SIX MONTHS AS THE EFFECTIVE PERIOD OF THE
INTERIM REGULATION. AND DECLARING AN
EMERGENCY
ORDINANCE NO 4218
AN ORDINANCE OF TffE--1ITY OF EDMONDS,
WASHiNGTON. REPEALING EXISi1NG TREE CUTTING
REGULATIONS, ADOPTING NEW TREE RELATED
REGULATIONS, NEW CONSERVATION SUBDIVISION
DESIGN REGULATIONS, AND ESTABLISHING A NEW
TREEFUND
The full text of these Ordinances wIII bB motion upon raquesr.
DATED this 2nd Dayat Mwcn, 2021.
CITY CLERK, SCOTT PASSEY
Published: March 5, 2021, EDH921288
Proofed by Sheppard, Dicy, 03/08/2021 09:45:49 am Page: 2