Ordinance 4220ORDINANCE NO.4220
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CITY'S TREE
REGULATIONS AND TREE FUND PROVISIONS
WHEREAS, the Planning Board has been reviewing draft tree regulations since September
2020, specifically at the September 9, October 14, October 28, November 12, and November 18
Planning Board meetings; and
WHEREAS, the Planning Board held a public hearing on the draft tree regulations on
December 9, 2020 and completed its review on January 13, 2021 with a recommendation to the
City Council; and
WHEREAS, the City Council received an introduction to the draft tree regulations at the
January 26, 2021 Council meeting and held a public hearing on February 2, 2021; and
WHEREAS, the City Council adopted Ordinance 4218 containing the above -referenced
tree regulations, with several amendments, on March 2, 2021, while still intending to make
additional tree code amendments in the weeks to follow, as there was not enough time on March
2, 2021 to consider all of the City Council's amendments; and
WHEREAS, adoption of Ordinance 4218 on March 2, 2021, even with the knowledge that
additional amendments would be forthcoming, made sense as Ordinance 4218 was still a
significant improvement over the code that it would be replacing; and
WHEREAS, since March 2, 2021, the administration has worked with members of the City
Council to review and comment on additional proposed tree code amendments; and
WHEREAS, since March 2, 2021, the City Council has considered additional proposed
tree code amendments; and
WHEREAS, the City Council is now prepared to adopt the remaining tree code
amendments that it did not have time to consider on March 2, 2021;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 23.10 of the Edmonds Community Development Code, entitled "Tree
Related Regulations," is hereby amended to read as set forth in Attachment A hereto, which is
incorporated herein by this reference as if set forth in full (new text shown in underline; deleted
text shown in st -i'�r).
Section 2. Chapter 3.95 of the Edmonds City Code, entitled "Tree Fund," is hereby
amended to read as set forth in Attachment B hereto, which is incorporated herein by this
reference as if set forth in full (new text shown in underline; deleted text shown in str-ik�r).
Section 3. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
Section 4. Severabilit . If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
APPROVED:
r
mAX6R MIKE NELSON
ATTEST/AUTHENTICATED:
CIT�`EIIRK, SCO ,
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA
FILED WITH THE CITY CLERK: April 12, 2021
PASSED BY THE CITY COUNCIL: April 13, 2021
PUBLISHED: April 16, 2021
EFFECTIVE DATE: April 22, 2021
ORDINANCE NO. 4220
SUMMARY OF ORDINANCE NO. 4220
of the City of Edmonds, Washington
On the 13th day of April, 2021, the City Council of the City of Edmonds, passed Ordinance
No. 4220. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE CITY' S TREE
REGULATIONS AND TREE FUND PROVISIONS
The full text of this Ordinance will be mailed upon request.
DATED this 13`h day of April, 2021.
I
CITY CLERK, SCO - ASSEY
4
ATTACHMENT A
Draft Tree Related Regulations
23.10.000
Intent and Purpose
23.10.010
Administration Authority
23.10.020
Definitions
23.10.030
Permits
23.10.040
Exemptions
23.10.050
Tree Removal Prohibited
23.10.060
Tree Retention Associated with Development Activity
23.10.070
Tree Protection Measures During Development
23.10.080
Tree Replacement
23.10.085
Protected Trees Notice on Title
23.10.090
Bonding
23.10.100
Violation, Enforcement and Penalties
23.10.110
Liability
20.75.048 Conservation Subdivision Design Flexibility
Chapter 3.95 Tree Fund
23.10.000 Intent and Purpose
The purpose of this chapter is to establish a process and standards to provide for the evaluation,
protection, enhancement, preservation, replacement, and proper maintenance of significant trees. This
includes the following:
A. Implement the goals and objectives of the City's Urban Forest Management Plan;
B. Implement the goals and objectives of the City's Comprehensive Plan;
C. Implement the goals and objectives of the City's Climate Action Plan;
D. Preserve, through design and intention, wildlife corridors and habitat;
E. To promote the public health, safety, biodiversity, environmental health and general welfare of the
residents of Edmonds, provide greenhouse gas emissions mitigation and preserve the physical and
aesthetic character of the city through the prevention of indiscriminate removal or destruction of
trees and ground cover on improved or partially improved property;
F. Preserve the maximum number of trees that are determined to be appropriate for preservation in
the Edmonds urban environment and that have a reasonable chance of long-term survival;
G. Promote site planning, building, and development practices that work to avoid removal or
destruction of trees and vegetation, that avoid unnecessary disturbance to the City's natural
vegetation, and that provide landscaping to buffer the effects of built and paved areas;
H. Encourage tree retention efforts by providing design flexibility with respect to certain development
requirements;
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ATTACHMENT A
Retain as many viable trees as possible on a developing site while still allowing the development
proposal to move forward in a timely manner and replanting when trees are removed during of
development.
J. Promote building and site planning practices that are consistent with the city's natural topographic
and vegetation features while recognizing that certain factors such as condition (e.g., disease,
danger of falling, etc.), proximity to existing and proposed structures and improvements,
interference with utility services, and the realization of a reasonable enjoyment of property may
require the removal of certain trees and ground cover; and
K. Mitigate the environmental and aesthetic consequences of tree removal in land development
through on -site and off -site tree replacement to help achieve a goal of no net loss of tree canopy
coverage throughout the City of Edmonds;
K-.L. Promote net ecological gain, a standard for a development project, policy, plan, or activity in which
the impacts on the ecological integrity caused by the development are outweighed by measures
taken consistent with the new mitigation hierarchv to avoid and minimize the impacts. undertake
site restoration, and compensate for any remaining impacts in an amount sufficient for the gain to
PXCPP(i the IOSS_
23.10.010 Administering Authority
The development services director ("director") or a designee shall have the authority and responsibility
to administer and enforce all provisions of this chapter.
23.10.020 Definitions
A. Caliper — The American Association of Nurserymen standard for trunk measurement of nursery
stock. Caliper of the trunk shall be the trunk diameter measured six (6) inches above the ground for
up to and including 4-inch caliper size and 12 inches above the ground for larger sizes.
B. Canopy — The leaves and branches of a tree from the lowest branch on the trunk to the top.
C. Critical Root Zone - The area surrounding a tree at a distance from the trunk, which is equal to one
(1) foot for every one (1) inch of tree DBH.
D. Developable Site —The gross site area of a lot minus critical areas and buffers.
E. Diameter at Breast Height (DBH) - The diameter or thickness of a tree trunk measured at 4.5 feet
from the ground. DBH is also known as Diameter at Standard Height (DSH).
F. Dripline - The distance from the tree trunk, that is equal to the furthest extent of the tree's crown.
G. Hazard tree - A tree that is dead, dying, diseased, damaged, structurally defective OF expesed-by
Feeent reelmle-val A-fad-Jaeent trees 40.ghieh Make-,; at subject to a high pFebability ef failuFe as
determined by a qualified tree professional.
H. Grove —A group of three (3) or more significant trees with overlapping or touching crowns.
I. Improved lot — means mean a lot or parcel of land upon which a structure(s) is located, and which
cannot be further subdivided pursuant to city subdivision regulations and zoning code.
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ATTACHMENT A
J. Limits of disturbance means the boundary between the area of minimum protection around a tree
and the allowable site disturbance.
K. Native Tree — Native trees are described in the Urban Forest Management Plan (UFMP) as being
well -suited to our climate and tending to provide good habitat for local wildlife. The UFMP contains
a partial list of species that are considered native trees.
L. Nuisance Tree — is a tree that is causing significant physical damage to a private or public structures
and/or infrastructure, including but not limited to: sidewalk, curb, road, water or sewer or
stormwater utilities, driveway, parking lot, building foundation, or roof.
M. Protected Tree —Atree identified for retention and protection on an approved tree retention and
protection plan, replacement in relation to a permit or plan, and/or permanently protected by
easement, tract, or covenant restriction.
N. Pruning- means the proper removal of roots or branches of a tree according to the American
National Standards Institute (ANSI) A300 pruning standards.
O. Qualified professional —An individual with relevant education and training in arboriculture or urban
forestry, having two (2) or more of the following credentials:
1. International Society of Arboriculture (ISA) Certified Arborist;
2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA TRAQ (or equivalent);
3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist;
4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans;
For tree retention associated with a development permit, a qualified professional must have, in
addition to the above credentials, a minimum of three (3) years' experience working directly with
the protection of trees during construction and have experience with the likelihood of tree survival
after construction. A qualified professional must also be able to prescribe appropriate measures for
the preservation of trees during land development.
Significant Tree — A tree that is at least six (6) inches in diameter at breast height (DBH) as measured
at 4.5 feet from the ground. For trees with multiple leaders at four and one-half (4.5) feet height,
theDBH shall be the combined cumulative total of branches greater than six (6) inches diameter at
four and one-half (4.5) feet above the average grade. If a tree has been removed and only the stump
remains that is below four and one-half (4.5) feet tall, the size of the tree shall be the diameter of
the top of the stump.
Q. Specimen Tree — A tree of exceptional size or form for its species or rarity as determined by the
city's qualified tree professional...
R. Tree - means a self-supporting woody plant characterized by one main trunk or, for certain species,
multiple trunks, that is recognized as a tree in the nursery and arboricultural industries.
S. Tree Fund — refers to the fund created by Chapter 3.95 ECC.
T. Tree removal — means the direct or indirect removal of a tree(s) or vegetation through actions
including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to
roots or stems; destroying the structural integrity of trees through improper pruning, unless pruning
back to the point where the tree has been previously topped; poisoning; filling, excavating, grading,
or trenching within the dripline that results in the loss of more than 20 percent of the tree's root
Amendments to Code adopted by City Council on March 2, 2021 Page 3 of 15
ATTACHMENT A
system; or the removal through any of these processes of greater than 50 percent of the live crown
of the tree.
U. Tree topping - The significant cutting back of the leader stem or major branches, resulting in
severely altering the growth potential of a tree. This definition does not apply when the sole
purpose is to create a snag or snags for wildlife habitat.
V. Viable tree - A significant tree that a qualified professional has determined to be in good health,
with a low risk of failure due to structural defects, is windfirm if isolated or remains as part of a
grove, and is a species that is suitable for its location.
23.10.030 Permits
A. Applicability: No person shall remove, excessively prune, or top any significant tree except as
provided by this chapter.
B. Tree removal not specifically exempted in section 23.10.040 will be processed as a Type I permit.
C. Procedural exemption. Tree removal associated with building permit, subdivision, or other land use
approval will be reviewed with the associated project and will not require a separate tree removal
permit. All clearing shall be consistent with and apply the standards established by this chapter.
23.10.040 Exemptions
The following activities are exempt from the provisions of this chapter and do not require a permit:
A. Removal of trees on an improved single-family lot, except for:
That portion of the property containing a critical area or its associated buffer. Critical area in
this context does not include erosion hazards with slopes less than 25 percent.
B. Removal of non -significant trees that are not protected by any other means.
C. Removal of trees by the public works department, parks department, fire department and or
franchised utilities for one of the following purposes:
Installation and maintenance of public utilities or motorized or non -motorized streets or paths.
2. In response to situations involving danger to life or property, substantial fire hazards, or
interruption of services provided by a utility.
Franchised utilities shall provide notification to the City prior to tree maintenance or removal. A
separate right-of-way permit may be required.
D. Removal and maintenance of trees within City of Edmonds' parks at the direction of the Parks
Department.
Routine landscaping and maintenance of vegetation, such as pruning and planting, removal of
invasive/exotic species, management of brush and seedling trees. Pruning should comply with ANSI
A300 (Part 1— 2017), Tree, Shrub and Other Woody Plant Management — Standard Practices, to
maintain long term health. This includes maintenance of trees and vegetation required to be
retained or planted under the provisions of the Edmonds Community Development Code. Pruning
existing trees back to the point where they have been previously topped is considered maintenance
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ATTACHMENT A
for these trees alone provided pruning will be undertaken only to the extent necessary for public
safety or tree health.
Trees that do not meet the exemptions in subsections A through E of this section may be removed
with supporting documentation:
a. Nuisance tree with documentation of the damage and any tree work that has been attempted
to rectify the nuisance, and/or a statement from the applicant's qualified tree professional
explaining why no arboricultural practices can safely rectify the nuisance.
b. Hazard tree located outside a critical area with a tree risk assessment prepared by the applicants
qualified professional documenting how the tree meets the definition of a hazard tree.
c. Hazard tree removal in a critical area or critical area buffers consistent with the requirements of
ECDC 23.40.220.C.8.
23.10.050 Tree Removal Prohibited
A. Protected Trees: Removal of protected trees is prohibited, except as provided for in ECDC
23.10.040.E Hazard and Nuisance Trees, or through an approved modification of a Landscape Plan.
B. Vacant Lots: Removal of trees from a vacant lot prior to a project development is prohibited except
as provided for in ECDC 23.10.040.F, hazard and nuisance trees.
C. Demolition of Structures: Tree removal shall be prohibited as part of a permitted demolition except
as required to reasonably conduct demolition activities subject to approval of the director. Tree
replacement -shall be required for removed trees.
D. In critical areas, critical area buffers, and in all native growth protection easements, tree removal is
prohibited except as allowed per Chapters 23.40 — 23.90 ECDC.
23.10.060 Tree Retention Associated with Development Activity
A. Introduction. The City's objective is to retain as many viable trees as possible on a developing site
while still allowing the development proposal to move forward in a timely manner. To that end, the
City requires approval of a tree retention and protection plan in conjunction with the following
applications:
1. Short subdivision
2. Subdivision
3. New multi -family development
4. New single-family development on a vacant lot or a demolition and replacement of a single-
family house, and
5. Any tree removal on developed sites not exempted by ECDC 23.10.040.
In order to make better decisions about tree retention, particularly during all stages of
development, tree retention and protection plans will require specific information about the
existing trees before removal is allowed. Specific tree retention and protection plan review
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ATTACHMENT A
standards provided in this section establish tree retention priorities, incentives, and variations to
development standards in order to facilitate preservation of viable trees.
B. Tree Retention and Protection Plan
1. An applicant for a development identified in subsection A must submit a tree retention and
protection plan that complies with this section. A qualified professional may be required to
prepare certain components of a tree retention and protection plan at the applicant's expense.
2. Tree Retention and Protection Plan Components. The tree retention and protection plan shall
contain the following information, unless waived by the director:
a. A tree inventory containing the following:
i. A number system of all existing significant trees on the subject property (with
corresponding tags on trees);
ii. Size (DBH) and estimated tree crown diameter;
iii. Proposed tree status (trees to be removed or retained);
iv. Brief general health or condition rating of trees (i.e.: poor, fair, good, excellent, etc.)
V. Tree type or species.
b. A site plan depicting the following:
i. Location of all proposed improvements, including building footprint, access, utilities,
applicable setbacks, critical areas, buffers, and required landscaped areas clearly
identified. If a short subdivision or subdivision is being proposed and the location of all
proposed improvements has not yet been established, a phased tree retention and
protection plan review is required as described in subsection (3)(a) of this section;
ii. Accurate location of significant trees on the subject property and adjacent properties
where the canopy and/or critical root zone of adjacent significant trees extend onto the
subject property (surveyed locations may be required).
iii. Trees labeled corresponding to the tree inventory numbering system;
iv. Location of tree protection measures;
V. Indicate limits of disturbance drawn to scale around all trees potentially impacted by
site disturbances resulting from grading, demolition, or construction activities;
vi. Proposed tree status (trees to be removed or retained) noted by an 'X' or by ghosting
out;
vii. Proposed locations of any required replacement trees as outlined in ECDC 23.10.080
and trees required to be planted in accordance with ECDC 23.10.060.C.5. Where
replacement trees are proposed to be planted at a different location than the protect
site, a description of the alternate site and written approval from the property owner
must be provided.
c. An arborist report containing the following:
i. A complete description of each tree's health, condition, and viability;
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ATTACHMENT A
ii. A description of the method(s) used to determine the limits of disturbance (i.e., critical
root zone, root plate diameter, or a case -by -case basis description for individual trees);
iii. Any special instructions specifically outlining any work proposed within the limits of the
disturbance protection area (i.e., hand -digging, tunneling, root pruning, any grade
changes, clearing, monitoring, and aftercare);
iv. For trees not viable for retention, a description of the reason(s) for removal based on
poor health, high risk of failure due to structure, defects, unavoidable isolation
(windfirmness), or unsuitability of species, etc., and for which no reasonable alternative
action is possible must be given (pruning, cabling, etc.);
V. Description of the impact of necessary tree removal to the remaining trees, including
those in a grove;
3. Additional Tree Retention and Protection Plan Standards for Short Subdivisions and Subdivisions
a. Phased Review
i. If during the short subdivision or subdivision review process the location of all proposed
improvements, including the building footprint, utilities, and access, have not yet been
established, the applicant may submit a Tree Retention and Protection Plan that
addresses the current phase of development and limits removal to the impacted areas.
A new Tree Retention and Protection Plan shall be required at each subsequent phase of
the project as more information about the location of the proposed improvements is
known subject to all of the requirements in this section.
C. Tree Retention Requirements
1. General Tree Retention Requirements: Significant trees on lots proposed for development or
redevelopment shall be retained as follows:
ECDC 23.10.060.0 Tree Retention Requirements for Proposed Development
Development
Retention Required
New single-family, short subdivision, or
30% of all significant trees in the developable
subdivision
site
Multi -family development, unit lot short
25% of all significant trees in the developable
subdivision, or unit lot subdivision
site
2. Trees that are located within Native Growth Protection Areas, critical areas and their associated
buffers, or that have otherwise been designated for protection shall not be removed except as
provide for ECDC 23.10.040.E hazard and nuisance trees and ECDC 23.40.220.C.8 critical area
hazard tree.
3. The director may require the retention of additional trees to meet the stated purpose and intent
of this chapter, as required by the critical area regulations (Chapters 23.40 — 23.90 ECDC), or the
Shoreline Master Program (Title 24 ECDC) or as site -specific conditions demand using SEPA
substantive authority.
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ATTACHMENT A
4. In addition to the tree retention requirements in subsection C.1 of this section, e€very
significant tree that is removed under this chapter must be replaced consistent with the
requirements of ECDC 23.10.080.
5. For developing properties identified in ECDC 23.10.060.A that have fewer than three significant
trees, trees shall be retained and/or planted that will result in the site having at least three
trees, which will be significant at maturity, per 8,000 square feet of lot area.
D. Priority of Tree Retention Requirements: Significant trees to be retained should be retained in the
following order of priority:
1. Priority One:
a. Specimen trees;
b. Significant trees which form a continuous canopy;
c. Significant trees on slope greater than 15 percent;
d. Significant trees adjacent to critical areas and their associated buffers; and
e. Significant trees over sixty (60) feet in height or greater than eighteen (18) inches DBH.
2. Priority Two:
a. Healthy tree groupings whose associated undergrowth can be preserved;
b. Trees within the required yard setbacks or around the perimeter;
c. Trees that have a screening function or provide relief from glare, blight, or commercial
development;
d. Other significant native evergreen or deciduous trees; and
e. Other significant nonnative trees.
3. Priority Three: Alders and cottonwoods shall be retained when all other trees have been
evaluated for retention and are not able to be retained except where adjacent to open space,
wetlands or creek buffers.
E. In considering trees for retention, applicants and the City shall avoid, to the extent known, the
selection of trees that may ",,,.ame hazardous because Of WiRd g ststhat are mature and may be a
fall hazard, including trees adjacent to utility corridors where falling trees may cause power outages
or other damage. Remaining trees , be s ptibl t blei. ,d,,vips bee-a-U-se Af less Af a h, -FF,,.
fre.m. A-theF tFees, gFade changes affecting the tree he-Alt.h. -And stability, and/er the pFesenee e
buildings in elese pre)(imit.. If a revised building placement would result in the retention of more
and/or higher priority trees, the development plan should be adjusted to maximize the retention of
such trees. -
23.10.070 Tree Protection Measures During Development
Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and
soil to be preserved in accordance with ECDC 23.10.060.13 shall be protected from potentially damaging
activities pursuant to the following standards:
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ATTACHMENT A
A. Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and
grading activity, a preconstruction meeting shall be held on site with the permittee and appropriate
City staff. The project site shall be marked in the field as follows
1. The extent of clearing and grading to occur;
2. Delineation and protection of any critical areas and critical area buffers with clearing limit
fencing;
3. Flagging of trees to be removed and tags on trees to be retained; and
4. Property lines
Placing Materials near Trees. No person may conduct any activity within the protected area of any
tree designated to remain, including, but not limited to, operating or parking equipment, placing
solvents, storing building material or stockpiling any materials, or dumping concrete washout or
other chemicals. During construction, no person shall attach any object to any tree designated for
protection.
C. Protective Barrier. Before development, land clearing, grading, filling or any land alteration, the
applicant shall:
Erect and maintain readily visible temporary protective tree fencing along the limits of
disturbance which completely surrounds the protected area of all retained trees, groups of
trees, vegetation and native soil. Tree protective fencing shall be a minimum height of three
feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable.
2. Install highly visible signs spaced no further than 15 feet apart along the entirety of the
protective tree fencing. Said sign must be approved by the director and shall state at a minimum
"Tree and Soil Protection Area, Entrance Prohibited" and provide the City phone number for
code enforcement to report violations.
3. Prohibit excavation or compaction of soil or other potentially damaging activities within the
barriers; provided, that the director may allow such activities approved by a qualified
professional and under the supervision of a qualified professional retained and paid for by the
applicant.
4. Maintain the protective barriers in place for the duration of the project until
the director authorizes their removal.
5. Ensure that any approved landscaping done in the protected zone subsequent to the removal of
the barriers shall be accomplished with machinery from outside the protected zone or by hand.
6. Limit the time period that the critical root zone is covered by mulch, plywood, steel plates or
similar materials. or by lieht soils. to protect the trees critical root zone.
6-.7. In addition to the above, the director may require the following:
If equipment is authorized to operate within the protected zone, the soil and critical root
zone of a tree must be covered with mulch to a depth of at least six (6) inches or with
plywood, steel plates or similar material in order to protect roots and soil from damage
caused by heavy equipment.
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ATTACHMENT A
b. Minimize root damage by hand -excavating a 2-foot-deep trench, at edge of critical root
zone, to cleanly sever the roots of trees to be retained. Never rip or shred roots with heavy
equipment.
Corrective pruning performed on protected trees in order to avoid damage from machinery
or building activity.
d. Maintenance of trees throughout construction period by watering and fertilizing.
D. Grade.
The grade shall not be elevated or reduced within the critical root zone of trees to be preserved
without the director's authorization based on recommendations from a qualified professional.
The director may allow coverage of up to one-half (1/2) of the area of the tree's critical root
zone with light soils (no clay) to the minimum depth necessary to carry out grading
or landscaping plans, if it will not imperil the survival of the tree. Aeration devices may be
required to ensure the tree's survival.
If the grade adjacent to a preserved tree is raised such that it could slough or erode into the
tree's critical root zone, it shall be permanently stabilized to prevent soil erosion and suffocation
of the roots.
3. The applicant shall not install an impervious surface within the critical root zone of any tree to
be retained without the authorization of the director. The director may require specific
construction methods and/or use of aeration devices to ensure the tree's survival and to
minimize the potential for root -induced damage to the impervious surface.
4. To the greatest extent practical, utility trenches shall be located outside of the critical root zone
of trees to be retained. The director may require that utilities be tunneled under the roots of
trees to be retained if the director determines that trenching would significantly reduce the
chances of the tree's survival.
5. Trees and other vegetation to be retained shall be protected from erosion and sedimentation.
Clearing operations shall be conducted so as to expose the smallest practical area of soil to
erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground
cover and stumps be maintained on the individual lots, where feasible.
6. The director may approve the use of alternative tree protection techniques if those techniques
provide an equal or greater degree of protection than the techniques listed in this subsection.
Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for
retention.
Additional Requirements. The director may require additional tree protection measures that are
consistent with accepted urban forestry industry practices.
23.10.080 Tree Replacement
A. Replacement required. Tree replacement is required for tree cutting permits required by this
chapter and/or for tree removal associated with the development types identified in ECDC
23.10.060.A. Each significant tree to be removed shall be replaced as follows:
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ATTACHMENT A
1. For each significant tree between 6 inches and 10 inches DBH removed, one (1) replacement
tree is required.
For each significant tree between 10.1 inches and 14 inches in DBH removed, two (2)
replacement trees are required.
For each significant tree greater than 14 inches and less the 24 inches in DBH removed, three (3)
replacement trees are required.
B. No tree replacement is required in the following cases:
1. The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable
assurance of regaining vigor, for reasons not attributable to the development.
2. The tree is proposed to be relocated to another suitable planting site, provided that relocation
complies with the standards in this section.
C. Prior to any tree removal, the applicant shall demonstrate through a tree protection and
replacement plan, critical area mitigation plan, or other plans acceptable to the director that tree
replacement will meet the minimum standards of this section.
D. Replacement Specifications.
1. Minimum sizes for replacement trees shall be:
a. one -and -one -half -inch caliper for deciduous trees;
b. Six feet in height for evergreen trees.
2. The director may consider smaller -sized replacement trees if the applicant can demonstrate that
smaller trees are more suited to the species, the site conditions, and the purposes of this
section, and that such trees will be planted in sufficient quantities to meet the intent of this
section.
3. Replacement trees shall be primarily native species.
4. Replacement trees must be planted within the City of Edmonds or its Urban Growth Area.
E. Tree Replacement Fee -in -lieu. After providing clear documentation to Development Services that all
replacement options have been considered and are infeasible, including arborist reports as
necessary, the developer shall pay a fee -in -lieu for each replacement tree required but not replaced.
A fee in I*P---- of tree Feplaeement may be allowed, subject to appFE)val by the direeter aftef
+Fee r ed b t ROt .hated OR the application site a aff site WcCatea.p
1. The amount of the fee shall be $1000 multiplied by the number of trees necessary to satisfy the
tree replacement requirements of this section and shall be deposited into the City's Tree Fund.
2. The fee shall be paid to the City prior to the issuance of a tree removal permit or associated
development permit.
Amendments to Code adopted by City Council on March 2, 2021 Page 11 of 15
ATTACHMENT A
-2-3. For each significant tree greater than 24" in DBH removed, a fee based on an appraisal of the
tree value by the city tree protection professional using trunk formula method in the current
edition of the Guide for Plant Appraisal shall be required.
23.10.085 Protected Trees Notice on Title
The owner of any property that included a tree(s) identified for retention and protection on an approved
tree retention and protection plan, replacement in relation to a permit or plan, and/or permanently
protected by easement, tract, or covenant restriction shall, as a condition of permit issuance, record a
notice on title of the existence of such protected trees against the property with the Snohomish County
auditor's office. The notice shall be approved by the director and the city attorney for compliance with
this provision.
23.10.090 Bonding
A. The director may require a performance bond for tree replacement and site restoration to ensure
the installation of replacement trees, and/or compliance with other landscaping requirements as
identified on the approved site plans.
B. The bond shall be in the amount of 120 percent of the estimated cost of implementation of the tree
replacement and/or site restoration including trees, irrigation and labor.
C. A two-year maintenance bond shall be required after the installation of required site improvements
and prior to the issuance of a certificate of occupancy or finalization of permit and following
required landscape installation or tree replacement. The maintenance bond shall be in place to
ensure adequate maintenance and protection of retained trees and site improvements. The
maintenance bond shall be for an amount of 15% of the performance bond or estimate in
subsection B.
D. The director shall exempt individual single-family lots from a maintenance bond, except where a
clearing violation has occurred or tree replacement is located within critical areas or critical area
buffers.
23.10.100 Violation, Enforcement and Penalties
A. Noncompliance with any section of this chapter constitutes a violation of this Code.
B. A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be
punishable as provided in Chapter 5.50 ECC.
C. Penalties:
1. Aiding or Abetting: Any person who, through an act of commission or omission, procures, aids or
abets in the violation shall be considered to have committed a violation for the purposes of the
penalty. All persons who have been found to commit a violation under this chapter shall be
responsible for an equal share of any penalties imposed under subsection C.2.
2. Civil Penalties: Any person violating any provisions of this chapter shall have committed a civil
infraction and may be subject to civil penalties in addition to any criminal penalties. Pursuant to
Amendments to Code adopted by City Council on March 2, 2021 Page 12 of 15
ATTACHMENT A
Chapter 64.12 RCW, the City may be entitled to triple the amount of civil damages claimed or
assessed. The extent of the penalty shall be determined according to one or more of the
following:
a. An amount reasonably determined by the Director to be equivalent to the costs estimated
by the City to investigate and administer the infraction;
b. The economic benefit that the violator derives from the violation (as measured by the
greater of the resulting increase in market value of the property or the value received by the
violator or savings of construction costs realized by the violator performing any act in
violation of this chapter);
c. Removal of existing 12" diameter or larger trees in violation of this chapter will require an
appraisal of the tree value by the city tree protection professional using trunk formula
method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall
be paid by the person(s) who removed existing trees in violation of this chapter.
d. Penalty for illegal removal of trees shall be $1,500 per tree less than 12" Diameter and the
appraised value of trees 12" or more in diameter. Penalties shall be paid into the city Tree
Fund. If diameter of removed tree is unknown, determination of the diameter size shall be
made by the City Arborist by comparing size of stump and species to similar trees in similar
growing conditions.
e. The cost of replacing and replanting the trees and restoring the disturbed area according to
a specific plan approved by the City. Violators of this chapter or of a permit issued
thereunder shall be responsible for restoring unlawfully damaged areas in conformance
with a plan, approved by the Director, that provides for repair of any environmental and
property damage, and restoration of the site; and which results in a site condition that, to
the greatest extent practical, is equivalent to the site condition that would have existed in
the absence of the violation(s).
f. If illegal tree topping has occurred, the property owner shall be required to have a certified
arborist develop and implement a five (5) year pruning schedule in addition to monetary
fines and/or required tree replacement.
Civil penalties under this section shall be imposed by a notice in writing, either by certified mail
with return receipt requested or by personal service, to the person incurring the same from the
City. The notice shall describe the violation, approximate the dates) of violation, and shall order
the acts constituting the violation to cease and desist, or, in appropriate cases, require
necessary corrective action within a specific time.
4. Any fiscal penalty recovered under this section shall be deposited in the City's tree fund as
established in Chapter 3.95 ECC.
23.10.110 Liability
A. Liability for any adverse impacts, damages or injury resulting from work performed in accordance
with any permit issued by the city under ECDC 23.10.030 shall be the sole responsibility of the
permit applicant and/or owner of the property or site for which the permit was issued, and shall not
be the responsibility of the city of Edmonds. Issuance by the city of any permit under this chapter
shall not be construed as an assumption of any risk or liability by the city of Edmonds, nor as a
Amendments to Code adopted by City Council on March 2, 2021 Page 13 of 15
ATTACHMENT A
warranty or guarantee that the work authorized by the permit will have no adverse impact or will
cause no damages or injury to any person or property.
B. Issuance by the city of a permit under ECDC 23.20.030 and/or compliance by the applicant and/or
property owner with any permit conditions therein shall not relieve an applicant and/or property
owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage
to persons or property resulting from the work authorized by any permit issued under this chapter.
C. Nothing contained in this chapter shall be deemed to relieve any property owner within the city
limits from the duties imposed under Chapter 9.25 ECC to keep any tree or vegetation upon his
property or under his control in such condition as to prevent it from constituting a hazard or a
nuisance.
D. The amount of any security required as part of any land development permit with which tree
removal is associated shall not serve as a gauge or limit to the compensation that may be owed by a
property owner as a result of injury or damages to persons or property resulting from any tree
removal authorized under this chapter.
Amendments to Code adopted by City Council on March 2, 2021 Page 14 of 15
ATTACHMENT B
3.95 Tree Fund
3.95.010 Tree Fund Established
There is hereby created and established a fund known as the "Tree Fund."
3.95.020 Funding Sources
Monies for the Tree Fund shall come from the following sources:
A. All revenue, mitigation fees, civil fines, and penalties received by the city under Chapter 23.10 ECDC.
B. All civil penalties received under Chapter 23.40 ECDC.
C. Donations and grants for tree purposes; and
D. Other monies allocated by the City Council
3.95.040 Funding Purposes
A. Monies in the Tree Fund maybe used for the following purposes, as reviewed and approved by the
city:
1. Providing tree vouchers to individuals purchasing and planting trees in the City of Edmonds;
2. Paying for services provided by a qualified tree professional;
3. Paying for services that support the urban forest management and health;
4. Acquiring, maintaining, and preserving wooded areas within the city;
5. Purchasing supplies and materials for the city's observance of Arbor Day or other educational
purchases;
6. Purchasing and planting of trees by the City of Edmonds, including planting street trees within
the right-of-way.
7. Other purposes relating to trees as determined by the city.
6
B. Monies from the Tree Fund must not be used to purchase trees required for replacement under the
conditions Chapter 23.10 ECDC, nor used to purchase trees required for replacement under the
conditions of a violation. Further, they cannot be used in any manner that will profit the grantee.
C. Monies deposited into the tree fund for a fee -in -lieu of tree replacements as provided for in ECDC
23.10.080.E must be used to purchase trees for planting or acquiring and preserving wooded areas
and open space.
Amendments to Code adopted by City Council on March 2, 2021 Page 15 of 15
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Maggie Boyd 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 EDH924810 ORDINANCE 4220
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 04/16/2021 and
ending on 04/16/2021 and that said newspaper
was regularly distributed to its subscribers
during all of said period.
The amount of the fee for Sueh blication is
$16.80.
G >fi
Subscribed and sworn me n this
Linda phillip,, r
Notary Public
10YAppa+nvn Of Washington
mutes 481291z021
(Notary Public in and for the State of
Washington.
Cnv of U-6, - LEGAL ADS 1 14101416
scarT PASSEY
Classified Proof
SUMMARY OF ORDINANCE NO.4220
of the City of ♦ ctmond5. Waelangloh
On the 13th day of April, 2021. the City Coun O of Vle Cl
of
Edmonds, passed Orbirmme No. 4220, A summary of the con nt
of said ordfflame, cons 5ts? of the Idle, provkdae as follows'
AN ORDINANCE OF THE CITY OF EDMONDS.
VIAGHINGTON, AMENDING THE CITY'S TREE
REGULATIONS AND THEE FUND PROVISIONS
The ful le%t of Ihla Ordinwlce will be matted upon request
DATED this 13th day of April, 2021.
CITY CLERK, SCOTT PASSEY
Published: April 16, 2021. EDH924810
Proofed by Boyd, Maggie, 04/16/2021 08:25:52 am Page: 2