2023-05-03 Tree Board PacketOF LU,�
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s I, 1Hy� SPECIAL MEETING
KERR ROOM
121 5TH AVE N, CITY HALL - 2ND FLOOR, EDMONDS, WA 98020
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Agenda
Edmonds Tree Board
MAY 3, 2023, 6:00 PM
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LAND ACKNOWLEDGEMENT
We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and
their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and
taken care of these lands. We respect their sovereignty, their right to self-determination, and we
honor their sacred spiritual connection with the land and water.?
1. CALL TO ORDER, ROLL CALL
2. APPROVAL OF AGENDA
3. AUDIENCE COMMENTS
3. FOCUS TOPIC: TREE CODE UPDATES STAKEHOLDER MEETING
INTRODUCTIONS
CONTEXT/BACKGROUND
1. ECDC 23.10 Review/Facilitated Discussion
SUMMARY: HOW THE CURRENT CODE WORKS
i. Property Owner Tree Removals
ii. Tree Retention With Development
FACILITATED FEEDBACK
i. What's wrong with Edmonds tree code? Problems, issues, gaps
ii. How could it work better?
CONCLUSION
4. TREE BOARD MEMBER COMMENTS
Edmonds Tree Board Agenda
May 3, 2023
Page 1
5. ADJOURNMENT
Edmonds Tree Board Agenda
May 3, 2023
Page 2
B.1
Tree Board Agenda Item
Meeting Date: 05/3/2023
ECDC 23.10 Review/Facilitated Discussion
Staff Lead: Deb Powers
Department: Planning Division
Prepared By: Deb Powers
Background/History
The Tree Board has been identified as a stakeholder group in the 2022-2023 amendments to Edmonds
Community and Development Code (ECDC) Chapter 23.10, Edmonds' tree code. The purpose of this
special meeting is to review the current code, consider new options for limiting property owner tree
removals and provide feedback on how the existing development -related tree codes may be improved.
Staff Recommendation
No action is needed. Review attached materials in advance of the facilitated discussion on May 3, 2023.
Attachments:
Current Tree Codes Print
Current Code Summary_Property Owner Removals
Current Code Summary_Development Review
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Chapter 23.10
TREE RELATED REGULATIONS
Sections:
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.
23.10.000 Intent and purpose.0 SHARE
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;
I. 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 development;
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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.
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 hierarchy to avoid and minimize the impacts, undertake site restoration, and compensate for any
remaining impacts in an amount sufficient for the gain to exceed the loss. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1
(Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
23.10.010 Administering authority.0 SHARE
The development services director ("director") or a designee shall have the authority and responsibility to
administer and enforce all provisions of this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord.
4218 § 1 (Att. A), 20211.
23.10.020 Definitions.- SHARE
A. "Caliper" means the American Association of Nurserymen standard for trunk measurement of nursery stock.
Caliper of the trunk shall be the trunk diameter measured six inches above the ground for up to and including four -
inch caliper size and 12 inches above the ground for larger sizes.
B. "Canopy" means the leaves and branches of a tree from the lowest branch on the trunk to the top.
C. "Critical root zone" means the area surrounding a tree at a distance from the trunk, which is equal to one foot for
every one inch of tree DBH.
D. "Developable site" means the gross site area of a lot minus critical areas and buffers.
E. "Diameter at breast height (DBH)" means the diameter or thickness of a tree trunk measured at four and one-half
feet from the ground. DBH is also known as "diameter at standard height (DSH)."
F. "Dripline" means the distance from the tree trunk that is equal to the furthest extent of the tree's crown
G. "Feasible" means, for the purpose of this chapter, the project applicant's primary intended legal use may be
achieved. In cases where this chapter requires certain actions unless they are infeasible, the burden of proving
infeasibility is placed on the applicant.
H. "Hazard tree" means a tree that is dead, dying, diseased, damaged, or structurally defective as determined by a
qualified tree professional.
I. "Grove" means a group of three or more significant trees with overlapping or touching crowns.
J. "Improved lot" means 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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K. "Improvement" means and includes, but is not limited to, any building, structure, storm drainage facilities, road,
driveway, utility and pedestrian facilities, or other object constituting a physical addition to real property.
L. "Limits of disturbance" means the boundary between the area of minimum protection around a tree and the
allowable site disturbance.
M. 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.
N. "Nuisance tree" means a tree that is causing significant physical damage to a private or public structure and/or
infrastructure, including but not limited to: sidewalk, curb, road, water or sewer or stormwater utilities, driveway,
parking lot, building foundation, or roof. c
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O. "Protected tree" means a tree identified for retention and protection on an approved tree retention and N
protection plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or o
covenant restriction.
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P. "Pruning" means the proper removal of roots or branches of a tree according to the American National Standards 73
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Institute (ANSI) A300 pruning standards. U_
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Q. "Qualified professional" means an individual with relevant education and training in arboriculture or urban
forestry, having two or more of the following credentials: o
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1. International Society of Arboriculture (ISA) Certified Arborist; v
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2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA TRAQ (or equivalent); w
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3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist; a
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4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans. v
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For tree retention associated with a development permit, a qualified professional must have, in addition to the
above credentials, a minimum of three 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. c�
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R. "Significant tree" means a tree that is at least six inches in diameter at breast height (DBH) as measured at four E
and one-half feet from the ground. For trees with multiple leaders at four and one-half feet height, the DBH shall be 5
the combined cumulative total of branches greater than six inches diameter at four and one-half feet above the Q
average grade. If a tree has been removed and only the stump remains that is below four and one-half feet tall, the
size of the tree shall be the diameter of the top of the stump.
S. "Specimen tree" means a tree of exceptional size or form for its species or rarity as determined by the city's
qualified tree professional.
T. "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.
U. "Tree fund" refers to the fund created by Chapter 3.95 ECC.
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V. "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 system; or the removal through any of these processes of greater than 50
percent of the live crown of the tree.
W. "Tree topping" means 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.
X. 'Viable tree" means 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 c
suitable for its location. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. N
23.10.030 Permits.0 SHARE o
A. Applicability. No person shall remove, excessively prune, or top any significant tree except as provided by this
chapter. U
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B. Tree removal not specifically exempted in ECDC 23.10.040 will be processed as a Type I permit. T
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C. Procedural Exemption. Tree removal associated with building permit, subdivision, or other land use approval will o
be reviewed with the associated project and will not require a separate tree removal permit. All clearing shall be N
consistent with and apply the standards established by this chapter. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. c)
A), 2021; Ord. 4218 § 1 (Att. A), 2021]. v
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23.10.040 Exemptions. - SHARE L
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:
1. 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 nonsignificant 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:
1. Installation and maintenance of public utilities or motorized or nonmotorized 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.
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E. 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 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:
1. 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 c
practices can safely rectify the nuisance. N
2. Hazard tree located outside a critical area with a tree risk assessment prepared by the applicant's qualified o
professional documenting how the tree meets the definition of a hazard tree.
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3. Hazard tree removal in a critical area or critical area buffers consistent with the requirements of
ECDC 23.40.220(C)(8). [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 20211. U-
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23.10.050 Tree removal prohibited.0 SHARE
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A. Protected Trees. Removal of protected trees is prohibited, except as provided for in ECDC 23.10.040(F), hazard N
and nuisance trees, or through an approved modification of a landscape plan. c�
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B. Vacant Lots. Removal of trees from a vacant lot prior to a project development is prohibited except as provided
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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 through 23.90 ECDC. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021;
Ord. 4218 § 1 (Att. A), 2021].
23.10.060 Tree retention associated with development activity. SHARE
A. Introduction. The city's objective is to retain as many viable trees as possible on a developing site while still
allowing a feasible 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 multifamily development;
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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 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) of this section must submit a tree retention and c
protection plan that complies with this section. A qualified professional may be required to prepare certain N
components of a tree retention and protection plan at the applicant's expense. N
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2. Tree Retention and Protection Plan Components. The tree retention and protection plan shall contain the
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following information, unless waived by the director:
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a. A tree inventory containing the following: _
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i. A number system of all existing significant trees on the subject property (with corresponding tags
on trees); o
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ii. Size (DBH) and estimated tree crown diameter; U
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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;
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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 subsection (C)(5) of this section. Where replacement
trees are proposed to be planted at a different location than the project 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;
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); c
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iii. Any special instructions specifically outlining any work proposed within the limits of the N
disturbance protection area (i.e., hand -digging, tunneling, root pruning, any grade changes, o
clearing, monitoring, and aftercare);
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iv. For trees not viable for retention, a description of the reason(s) for removal based on poor U
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 as
given (pruning, cabling, etc.);
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v. Description of the impact of necessary tree removal to the remaining trees, including those in a vi
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3. Additional Tree Retention and Protection Plan Standards for Short Subdivisions and Subdivisions. w
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a. Phased Review. a
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i. If during the short subdivision or subdivision review process the location of all proposed v
improvements, including the building footprint, utilities, and access, have not yet been established, m
the applicant may submit a tree retention and protection plan that addresses the current phase of
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development and limits removal to the impacted areas. c
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ii. A new tree retention and protection plan shall be required at each subsequent phase of the U
project as more information about the location of the proposed improvements is known subject to c
all of the requirements in this section. E
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C. Tree Retention Requirements. Q
1. General Tree Retention Requirements. Significant trees on lots proposed for development or
redevelopment, except as substituted under subsection (F)(3) of this section, shall be retained as follows:
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Table 23.10.060.0 Tree Retention
Requirements for Proposed Development
Development
Retention
Required
New single-family, short
30% of all significant
subdivision, or subdivision
trees in the
developable site
Multifamily development,
25% of all significant
unit lot short subdivision,
trees in the
or unit lot subdivision
developable 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 provided for in
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 through 23.90 ECDC), or the shoreline
master program (ECDC Title 24) or as site -specific conditions demand using SEPA substantive authority.
4. In addition to the tree retention requirements in subsection (C)(1) of this section, every 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 subsection (A) of this section 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 60 feet in height or greater than 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
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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 are mature and may be a fall hazard, including trees adjacent to utility corridors where falling trees may cause
power outages or other damage.
F. Tree Retention Procedures.
1. If a revised improvement placement would result in the retention of more and/or higher priority trees, the 12
tree retention and protection plan should be adjusted to: c
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a. Maximize the retention of higher priority trees; and N
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b. Satisfy the retention requirement in subsection (C) of this section.
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2. This adjustment in subsection (F)(1) of this section must be done unless the applicant can demonstrate that UM
actual compliance with subsection (C) of this section would make the proposed development infeasible. In -
documenting infeasibility, applicants of subdivision and short subdivision must consider implementing
conservation subdivision design as provided for in ECDC 20.75.048.
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3. Once the location of on -site improvements has been established through city review and applicant revision N
of the tree retention and protection plan, existing priority one trees not impacted by the installation of said c�
improvements must be retained at least to the number of trees required by subsection (C) of this section, v
except for hazard trees and nuisance trees. w
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4. If there are not enough existing trees outside of the improved areas of the site to satisfy subsection (C) of a
this section through retention alone, the applicant shall be required to make up the deficiency as follows:
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a. Planting a number of new trees on -site in accordance with ECDC 23.10.080 that would be sufficient, in m
combination with the number of trees actually retained, to satisfy subsection (C) of this section; and
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b. If it is not feasible for planting under this subsection, to achieve the required number of trees, the
applicant shall make a fee -in -lieu payment of $2,500 for every tree not planted pursuant to this U
subsection. c
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G. If a development retains 50 percent of the significant trees on a site, the fee -in -lieu provisions of U
ECDC 23.10.080(E) do not apply. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), Q
2021].
23.10.070 Tree protection measures during development.0 SHRRE
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(B) shall be protected from potentially damaging activities pursuant to
the following standards:
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:
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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.
B. 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
1. 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 light soils, to protect the tree's critical root zone.
7. In addition to the above, the director may require the following:
a. 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 inches or with plywood, steel plates or similar
material in order to protect roots and soil from damage caused by heavy equipment.
b. Minimize root damage by hand -excavating a two -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.
c. 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.
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D. Grade.
1. 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 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.
2. 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 c
of aeration devices to ensure the tree's survival and to minimize the potential for root -induced damage to the N
impervious surface.
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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 r
director determines that trenching would significantly reduce the chances of the tree's survival.
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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
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the individual lots, where feasible.
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6. The director may approve the use of alternative tree protection techniques if those techniques provide an
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equal or greater degree of protection than the techniques listed in this subsection.
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E. Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention.
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F. Additional Requirements. The director may require additional tree protection measures that are consistent with
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accepted urban forestry industry practices. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1
(Att. A), 2021
23.10.080 Tree replacement.O SHARE
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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
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removed shall be replaced as follows:
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1. For each significant tree between six inches and 10 inches DBH removed, one replacement tree is required.
2. For each significant tree between 10.1 inches and 14 inches in DBH removed, two replacement trees are
required.
For each significant tree greater than 14 inches and less the 24 inches in DBH removed, three replacement
trees are required.
B. No tree replacement is required in the following cases:
Packet Pg. 14
B.1.a
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: c
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a. One -and -one -half -inch caliper for deciduous trees; N
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b. Six feet in height for evergreen trees.
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2. The director may consider smaller -sized replacement trees if the applicant can demonstrate that smaller U
trees are more suited to the species, the site conditions, and the purposes of this section, and that such trees _U-
will be planted in sufficient quantities to meet the intent of this section. 2
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3. Replacement trees shall be primarily native species. o
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4. Replacement trees must be planted within the city of Edmonds or its urban growth area. o
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E. Tree Replacement Fee In Lieu. After providing clear documentation to development services that all replacement
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options have been considered and are infeasible, including arborist reports as necessary, the developer shall pay a L
fee -in -lieu for each replacement tree required but not replaced. a
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1. The amount of the fee shall be $1,000 multiplied by the number of trees necessary to satisfy the tree G
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replacement requirements of this section and shall be deposited into the city's tree fund.
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2. The fee shall be paid to the city prior to the issuance of a tree removal permit or associated development
permit.
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3. For each significant tree greater than 24 inches 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 z
for Plant Appraisal shall be required. U
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4. In no case shall the fee -in -lieu payments required by this subsection exceed $2.00 per square feet of lot
area. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
23.10.085 Protected trees - Notice on title. 0 SHARE
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
Packet Pg. 15
B.1.a
be approved by the director and the city attorney for compliance with this provision. [Ord. 4227 § 1 (Att. A), 2021;
Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
23.10.090 Bonding.-J SHARE
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.
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C. A two-year maintenance bond shall be required after the installation of required site improvements and prior to c
the issuance of a certificate of occupancy or finalization of permit and following required landscape installation or 3
tree replacement. The maintenance bond shall be in place to ensure adequate maintenance and protection of N_
retained trees and site improvements. The maintenance bond shall be for an amount of 15 percent of the o
performance bond or estimate in subsection (B) of this section.
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D. The director shall exempt individual single-family lots from a maintenance bond, except where a clearing U
violation has occurred or tree replacement is located within critical areas or critical area buffers. [Ord. 4227 § 1 (Att. LL
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A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021]. 2
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23.10.100 Violation, enforcement and penalties.0 SHARE
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A. Noncompliance with any section of this chapter constitutes a violation of this code. o
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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. L
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C. Penalties. -0a
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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 L
penalties imposed under subsection (C)(2) of this section. v
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 Chapter 64.12 RCW, the
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city may be entitled to triple the amount of civil damages claimed or assessed. The extent of the penalty shall
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be determined according to one or more of the following:
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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-inch 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
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B.1.a
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 inches in diameter and the
appraised value of trees 12 inches 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-year pruning schedule in addition to monetary fines and/or required tree
replacement.
3. 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, the approximate date(s) 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. [Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
23.10.110 Liability.0 SHARE
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 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 23.10.030 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.
[Ord. 4227 § 1 (Att. A), 2021; Ord. 4220 § 1 (Att. A), 2021; Ord. 4218 § 1 (Att. A), 2021].
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B.1.a
I 20.75.048 Conservation subdivision design.0 SHARE
A. Purpose. The purpose of this section is to promote retention of significant trees or specimen trees and to protect
natural resources through some amount of flexibility in lot layouts of subdivisions in order to preserve trees and
provide for low impact development. The director and the applicant shall work in good faith to find reasonable
solutions.
B. Applicability. Administrative design flexibility in residential zones is limited to the following development
standards:
1. Setbacks. Street, side and rear setbacks may be reduced in all residential zones; provided, that:
a. No street setback shall be less than 15 feet;
b. No rear setback shall be less than 10 feet;
c. No required side setback shall be less than five feet; and
d. Street and rear setbacks in the RSW-12 zone shall not be reduced.
2. Lot Size and Width. Lots within a subdivision may be clustered in a way that allows dwelling units to be
shifted to the most suitable locations potentially reducing individual lot sizes and widths; provided, that the
overall density of the project complies with the density requirements of the zoning district in which it is
located.
3. Coverage. Structural coverage may be increased on individual lots; provided, that, in total, coverage of the
area within the subdivision does not exceed the lot coverage allowed for the zoning district in which it is
located.
4. Access. Variations in parking lot design and/or access driveway requirements may be granted when the
public works, fire and planning officials determine the variations to be consistent with the intent of city codes
and standards.
C. Properties which include trees that are identified for retention and protection in association with design flexibility
approved under this section must record a notice on title consistent with ECDC 23.10.085. [Ord. 4218 § 2 (Att. B),
2021].
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B.1.b
CURRENT CODE — PROPERTY OWNER TREE REMOVAL & PRUNING
Activity Underlying Fee/Permit Required Criteria Required Documentation Who Is Mitigation Code Provision
Zoning Required? Reviews? Required?
Pruning
Any
No
Pruning/crown thinning only per
None for proper pruning/crown thinning
No review
No
ECDC 23.40,
ANSI Pruning Standards
ECDC 23.10.040.E
Depends on critical area determination and/or
Yes
Yes, Type 1*
Any trees, subject to critical area
wetlands mitigation plan from property owner's
Planner
2:1, or as specified
ECDC 23.40-23.90
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Single Family,
determination
Geotech, wetlands specialist, etc.
in critical area
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developed
-----------
--------------------------
Site plan w/ required replacements.
-----------------------------------
------------
— --- report----
----------------
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Subdividable
Hazardous, threatens public safety, or
Report/TRAQform from property owner's ISA- or
Yes
No
current or imminent risk of damage to
ASCA-certified arborist or registered LA.
OF Planner
ECDC 23.40.220.C.8.b
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private property
Site plan w/ required replacements.
2.1
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U)
Depends on critical area determination and/or
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Tree
Yes, Type 1 *
Any trees, subject to critical area
wetlands mitigation plan from property owner's
Planner
Yes
ECDC 23.40-23.90
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Removal
Single Family,
determination
Geotech, wetlands specialist, etc.
2:1
—
developed
-----------
--------------------------
---- Site plan w/ required replacements.
—---------------------------
------------
-------------
— ----------------
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Not Subdividable
No
Hazard/Nuisance Tree
Arborist's report/TRAQform.
OF Planner
Yes
ECDC 23.10.030-050,
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Site plan w/ required replacements.
2:1
23.40.220.C.8.b
Yes, e
Any trees, subject to critical area
May require critical area determination.
Removal: OF
Yes
ECDC 23.40-90, 20.13
Multifamily,
report
Site plan w/ required replacements.
Planner,
Per required
developed
Modification
Type 1 *
-- ------------------------
Hazard/Nuisance Tree
------------------------------ _____
Arborist's report orTRAQform.
Replacements:
landscaping,
________________
ECDC 23.10.030 O50
Site plan w/ required replacements.
Planner
buffers, zoning
Pruning,
Any
No
N/A
None
None
N/A
ECDC 23.10.040.E
Topping
Yes
Subject to tree retention/replacement plan, 30%
Planner or OF
Same as
ECDC 23.10.060,
Yes, Type 1*
Any trees
retention, appraisals for>24" DBH trees, etc.
Planner
development
ECDC 23.10.080
Single Family,
developed
— — — — — — — — — — —
— — — — — — — — — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
------------
— requirements —
—
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Subdividable
Yes
Replacements recorded
Arborist's report/TRAQ form.
on title as protected
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No
Hazard/Nuisance Tree
Site plan w/ required replacements (above).
OF Planner
Depends on
trees
_
removed DBH
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Single Family,
(,
Tree
developed
No
Unlimited tree removals
None —unlimited removals
No review
No
ECDC 23.10.030.E
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Removal
Not subdividable
Z
Multifamily (HOA),
Yes, L'scape
Any trees
Site plan w/ any required replacements
Planner
Yes
ECDC 23.10.050.A
Per required
ECDC 20.13
Commercial,
develo developed
p
Modification
Type 1*
Yp
--------------------------
Hazard/Nuisance Tree
-----------------------------------
Arborist's report orTRAQform, site plan w/ required
-----------
OF Planner
landscaping,
----------------
ECDC 23.10.050.A
replacements
buffers, zoning
ECDC 23.10.030-050
Yes
ECDC 23.10.080
Removals prohibited unless
Arborist's report or TRAQ form, site plan w/ required
Replacements recorded
Any Vacant Lot
Yes, Type 1*
Hazard/Nuisance
replacements
OF Planner
Depends on
on title as protected
removed DBH
trees
*Type 1 permit cost: $275 plus mbp.com technical fee
Revised March 8, 2023
Packet Pg. 19
B.1.c
EDMONDS' TREE CODE REQUIREMENTS/DEVELOPMENT REVIEW TABLE
Significant trees
QtY?
Non -viable = dead or "poor" condition. Note viability
Non -viable trees
Existing Trees on Site
-?
does not pertain to tree location.
TOTAL # VIABLE TREES
=?
Trees #— —...
Retained viable trees
within critical areas
Qty?
Trees #— —...
Retained viable trees
Proposed Tree
outside critical areas
+Qty?
Trees #—,
Retention
(in "developable site")
—...
TOTAL # RETAINED
Viable = assessed in at least Fair condition, subject to
7
VIABLE
review.
# REMOVED VIABLE
TOTAL
TREES
REPLACEMENT
REQ'D
DBH
RATIO
NEW
RANGE
QTY.
TREES
Proposed Tree
Removed viable trees
Qty?
6-10'
?
x1 = ?
Trees #
10.1-14"
?
x2 = ?
Removals
_
Qty?
14.1-24"
?
x3 = ?
Replacements
>24"
?
Total Appraised Values $*
Removed non -viable
+QtY?
Note: mitigation (planting/fees in lieu) is not required
trees
for removed, non -viable trees.
TOTAL #REMOVALS
=?
Min. 30%, not
Qty
Does applicant meet/exceed minimum 30% tree
including critical areas
x .
retention threshold? No: replant unless infeasible*
Tree Retention
Qty?
Thresholds
Does applicant meet/exceed minimum 50% tree
Min. 50% site -wide
x .5 =
retention threshold? Yes: waive all fees in lieu*
*Is it feasible to replant to meet minimum retention thresholds? No: fee in lieu = $
*Is it feasible to replace removed significant viable trees? No: fee in lieu = $
Fees in Lieu
+ Total appraised value of all removed existing viable trees at least 24" DBH = $
OPTION: Reduce total amount fees in lieu using $2 per square foot lot area "cap"
OPTION: waive all fees in lieu using 50% retention threshold via ECDC 20.75.048
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