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Ordinance 4200CITY OF EDMONDS, WASHINGTON ORDINANCE NO.4200 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF ANY SUBDIVISION APPLICATION FOR ANY PROPERTY THAT CONTAINS MORE THAN EIGHT SIGNIFICANT TREES PER 10,000 SQUARE FEET OF LOT AREA TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS UPDATED TREE REGULATIONS ADDRESSING THE CLEARING OF SUCH PROPERTIES FOR DEVELOPMENT, SETTING FOUR MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING AN EMERGENCY. WHEREAS, ECDC 18.45.040.Q defines "tree" as "any living woody plant characterized by one main stem or trunk and many branches and having a caliper of six inches or greater, or a multi -stemmed trunk system with a definitely formed crown;" and WHEREAS, ECDC 18.45.040.A defines "caliper" as "the diameter of any tree trunk as measured at a height of four feet above the ground on the upslope side of the tree;" and WHEREAS, the city's tree regulations are in the process of being updated; and WHEREAS, there is concern that the existing tree regulations do not adequately protect existing trees that are not in critical areas from being cleared during subdivision development; and WHEREAS, Section 36.70A.390 of the Revised Code of Washington authorizes the City Council to adopt an immediate moratorium for a period of up to six months without holding a public hearing on the proposal provided that a public hearing is held within at least sixty days of its adoption; and WHEREAS, the City Council desires to impose a four -month moratorium on the acceptance of any subdivision application for any property that contains more than eight trees per 10,000 square feet of lot area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS DOES ORDAIN AS FOLLOWS: Section 1. Purpose. The purpose of this moratorium is to allow the City adequate time to complete review of and adopt updated tree regulations and to preserve existing significant trees during that review period. The City's goal is to ultimately draft and adopt tree regulations that better protect existing significant trees from being cleared by subdivision 1 development. For the purposes of this ordinance, the phrase "significant tree" shall be defined as "any living woody plant characterized by one main stem or trunk and many branches and having a caliper of eight inches or greater, or a multi -stemmed trunk system with a definitely formed crown." Section 2. Moratorium Imposed. The City Council hereby imposes a four -month moratorium on the acceptance of any subdivision application for any property that contains eight or more significant trees per 10,000 square feet of lot area, PROVIDED THAT trees that are either dead or determined by a certified arborist to be hazardous shall not be included in the significant tree count. More precisely, the applicability of the moratorium to a particular property shall be determined through the following formula where x must be greater than or equal to .0008 for the moratorium to apply: x= Number of significant trees on parent parcel Parcel size in square feet For example, an 18,000 square foot lot with fourteen significant trees on it would not be subject to the moratorium because X would equal .00077, which is less than .0008. In contrast, an 18,000 square foot lot with fifteen significant trees on it would be subject to the moratorium because X would equal .00083, which is greater than .0008. Section 3. Duration of Moratorium. The moratorium 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 moratorium and adopts findings and conclusions in support of the moratorium (as 2 contemplated by Section 4 herein), the moratorium shall not terminate until four (4) months after the date of adoption, unless it is repealed sooner. The Council shall make the decision to terminate the moratorium by ordinance, and termination shall not otherwise be presumed to have occurred. Section 4. Public Hearing on Moratorium. Pursuant to RCW 36.70A.390 and RCW 35A.63.220, the City Council shall hold a public hearing on a moratorium within sixty (60) days of its adoption. In this case, the hearing shall be held on December 1, 2020 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 moratorium and either justify its continued imposition or cancel the moratorium. Section 5. 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. Section 6. 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 (RCW 35A.12.130). Without an immediate moratorium on the City's acceptance of subdivision applications, such applications could become vested, leading to the possible removal of existing trees. Therefore, the moratorium must be imposed as an emergency measure to protect the public health, safety and welfare, and to prevent the submission of applications to the City in an attempt to vest rights for an indefinite period of time. This Ordinance does not affect any existing vested rights. Section 7. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 8. 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: M OR MIKE NELSON ATTEST/AUTHENTICATED: LER SCOTTP SEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADA FILED WITH THE CITY CLERK: November 2, 2020 PASSED BY THE CITY COUNCIL: November 2, 2020 PUBLISHED: November 5, 2020 EFFECTIVE DATE: November 10, 2020 ORDINANCE NO. 4200 M SUMMARY OF ORDINANCE NO. 4200 of the City of Edmonds, Washington On the 2nd day of November, 2020, the City Council of the City of Edmonds, passed Ordinance No. 4200. 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 IMMEDIATE EMERGENCY MORATORIUM ON THE ACCEPTANCE OF ANY SUBDIVISION APPLICATION FOR ANY PROPERTY THAT CONTAINS MORE THAN EIGHT SIGNIFICANT TREES PER 10,000 SQUARE FEET OF LOT AREA TO BE IN EFFECT UNTIL THE CITY OF EDMONDS ADOPTS UPDATED TREE REGULATIONS ADDRESSING THE CLEARING OF SUCH PROPERTIES FOR DEVELOPMENT, SETTING FOUR MONTHS AS THE EFFECTIVE PERIOD OF THE MORATORIUM, AND DECLARING AN EMERGENCY. The full text of this Ordinance will be mailed upon request. DATED this 2nd day of November, 2020. Y CLERK, SCO - ASSEY 5