Loading...
Ordinance 28040006.150.092 WSS/klt 10/25/90 R:11/01/90 ORDINANCE NO. 2804 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE COMMUNITY DEVELOPMENT CODE BY THE ADOPTION OF A NEW CHAPTER 18.45 LAND CLEARING AND TREE CUTTING CODE AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 18 of the Community Development Code is hereby amended by the addition of a new chapter 18.45 LAND CLEARING AND TREE CUTTING CODE to read in letters and numbers as follows: 18.45.000 PURPOSES This chapter provides regulations for the clearing of and the protection and preservation of trees and associated significant vegetation for the following purposes: A. To promote the public health, safety, and general welfare of the citizens of Edmonds by preserving the physical and aesthetic character of the City through the prevention of indiscriminate removal or destruction of trees and ground cover on undeveloped or partially developed property; B. To implement the policies of the State Environmental Policy Act of 1971 as revised in 1984; C. To implement and further the goals and policies of the City's Comprehensive Plan in regard to the environment, open space, wildlife habitat, vegetation, resources, surface drainage, watershed, and economics; WSS52773O -1- D. To ensure prompt development, restoration and replanting, and effective erosion control of property during and after land clearing; E. To promote land development practices that result in a minimal adverse disturbance to existing vegetation and soils within the City; F. To minimize surface water and groundwater runoff and diversion; G. To aid in the stabilization of soil, and to minimize erosion and sedimentation; H. To minimize the need for additional storm drainage facilities caused by the destabilization of soils; I. To retain clusters of trees for the abatement of noise and for wind protection; J. To acknowledge that trees and ground cover reduce air pollution by producing pure oxygen from carbon dioxide; K. To preserve and enhance wildlife and habitat including streams, riparian corridors, wetlands and groves of trees; L. To 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; M. To promote the reasonable development of land in the City of Edmonds. WSS527730 -2- 18.45.010 ADMINISTERING AUTHORITY The City's Planning Division Manager or his/her duly authorized representative, is hereby authorized and directed to enforce all the provisions of this chapter. 18.45.020 PERMITS No person shall engage in or cause any land to be cleared without first obtaining a land clearing permit from the Planning Division Manager or his/her designee. 18.45.030 EXEMPTIONS The following shall be exempt from the provisions of this chapter: Aa Clearing on a developed single family lot or clearing on a partially developed single family lot, which is capable of being divided into one additional lot, except for: 1. That portion of the lot that is located in a designated environmentally sensitive area. 2. That portion of the lot that is located within twenty-five feet of any stream or wetland. 3. That portion of the lot that has slopes exceeding 25 percent. B. Undeveloped lots which are not capable of being further subdivided, except for: 1. That portion of the lot that is located in a designated environmentally sensitive area. 2. That portion of the lot that is located within twenty-five feet of any stream or wetland. 3. That portion of the lot that has slopes exceeding 25 percent. C. Projects requiring approval of the Edmonds Architectural Design Board (ADB) WSS52773O -3- under the provisions of Chapter 20.10 of the Edmonds Community Development Code; provided that clearing on such projects shall take place only after ADB approval and shall be in accordance with such approval, as determined by the Planning Division staff; the ADB shall review and approve projects by applying the standards contained in this chapter; D. Routine landscape maintenance and gardening; E. Removal of trees and/or ground cover by the Public Works Department, Parks Department, Fire Department and/or public or private utility in situations involving danger to life or property, substantial fire hazards, or interruption of services provided by a utility; F. Installation and maintenance of public utilities, after approval of route by the Planning Division Manager or his or her designee, except in parks or environmentally sensitive areas; G. Emergency situations on private property involving danger to life or property or substantial fire hazards. 18.45.040 DEFINITIONS A. CALIPER shall mean the diameter of any tree trunk as measured at a height of four (4) feet above the ground on the upslope side of the tree. B. CREEK means those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey WSS52773O -4- pass -through stream flows naturally occurring prior to construction. C. CLEARING means the act of cutting and/or removing vegetation. This definition shall include grubbing vegetation. D. CLEARING PERMIT means the written approval of the City of Edmonds Planning Division Manager or his or her designee to proceed with the act of clearing property within the city limits of Edmonds. E. DEVELOPED LOT shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the City Zoning Code, and which cannot be further subdivided pursuant to City Subdivision regulations. F. DRIP LINE of a tree shall be described by a line projected to the ground delineating the outermost extent of foliage in all directions. G. GRUBBING means the act of removing vegetation by the roots. H. GROUN❑ COVER shall mean a dense covering of small plants such as salal, ivy, ferns, mosses, grasses, or other types of vegetation which normally cover the ground. I. LAN❑ DEVELOPMENT PERMIT means a preliminary or final plat for a single family residential development; a building permit; site plan; preliminary or final planned unit development plan. J. LAKES are natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin at low water exceeds two meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the Public Works Department are not included in this definition. WSS527730 -5- K. M_ECHANICAL EQUIPMENT shall include all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twelve (12) horsepower in size. L. NATIVE GROWTH PROTECTION EASEMENT is a restrictive area where all native, pre - development vegetation shall not be disturbed or removed EXCEPT for removal pursuant to an enhancement program approved pursuant to this chapter or to remove dead or diseased vegetation. The purpose of an Easement is to protect steep slopes, slopes with erosion potential, landslide and seismic hazards, creeks, wetlands and/or riparian corridors, wildlife, and areas shown on the environmentally sensitive areas map. This Easement shall be defined during the development review process and shown on the recorded plat or short plat or approved site plan. M. PARTIALLY DEVELOPED LOT shall mean a lot or parcel of land upon which a structure (refer to Section 21.90.150) is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Edmonds zoning Code; or which may be subdivided in accordance with the City of Edmonds Subdivision chapter. N. PERSON shall mean any person, individual, public or private corporation, firm, association, joint venture, partnership, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or severally. 0. REMOVAL is the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. P. ROUTINE LANDSCAPE MAINTENANCE shall mean tree trimming and ground cover management which is undertaken by a person in WSS52773O -6- connection with the normal maintenance and repair of property. Q. TREE shall mean 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. R. UNDEVELOPED LOT shall mean a platted lot or parcel of land upon which no structure (refer to Section 21.90.150) exists. S. WETLANDS are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar area. 18.45.045 APPLICATION REQUIREMENTS A. An application for a land clearing permit shall be submitted on a form provided by the city, together with a plot plan and other information as described hereafter: 1. Name, address and telephone number of the applicant. 2. Legal status of applicant with respect to the land. 3. Written consent of owner(s) of the land, if the applicant is not the sole owner. 4. Name of person preparing the map, drawing or diagram submitted with the application, along with credentials if applicable. 5. Location of the property, including street number and addresses, together with the names and addresses of all the adjacent property owners within 80 feet of the subject property as listed in WSS52773O -7- the records of the Snohomish County Assessor. 6. A plot plan, drawn to scale, of the property depicting the following items: (Scale 1 inch = 30 feet or as approved by the Planning Division Manager) a. Topographic information. b. Location of all existing and/or proposed structures, driveways, and utilities. C. Areas proposed for clearing and the proposed use for such area. d. Designation of all diseased or damaged trees. e. Any proposed grade changes that might adversely affect or endanger trees on the property and specifications to maintain them. f. Designation of trees to be removed and trees to be maintained. g. Designation of all wetlands, streams and environmentally sensitive areas. 7. A statement outlining the purpose of the tree removal (e.g. building construction, street or roadway, driveway, recreation area, patio, or parking lot), together with a proposed timetable for when the work will occur. 8. The manner in which the cleared areas on the property will be reclaimed with vegetation and the timetable for replanting. 9. Any other information deemed necessary by the City to allow adequate review and implementation WSS52773O -8- in conformance with the purposes of this chapter. B. Upon receipt of the application for a clearing permit, the staff shall inspect the site and contiguous properties. If the staff determines that the plan is in compliance with the provisions of this section and will result in the removal of no more trees or vegetation than is necessary to achieve the proposed development, the permit shall be approved under the provisions of Chapter 20.95.050 (Staff Decision - Optional Hearing). The City may require a modification of the clearing plan or the associated land development plan to ensure the retention of the maximum number of trees. If the staff determines that the plan will result in the destruction of more trees and vegetation than is reasonably necessary to achieve the proposed development, the permit shall be denied. C. Any permit granted under the provisions of this section shall expire one year from the date of issuance. No work may commence on the permit until the appeal time limit has expired. Upon receipt of a written request, a permit may be extended for six months. D. Approved plans shall not be amended without written authorization from the City. The permit may be revoked or suspended by the City upon discovery that incorrect information was supplied or upon any violation of the provisions of this chapter. E. Applications for land clearing shall be referred to other City departments or agencies for review and approval as deemed necessary by the Planning Division Manager. Applications for clearing in parks shall always be referred to the Edmonds Planning Board for review and approval. WSS52773O -9- 18.45.050 PERFORMANCE STANDARDS FOR LAND DEVELOPMENT PERMITS A. There shall be no clearing on a site for the sake of preparing that site for sale or future development. Trees may only be removed pursuant to a clearing permit which has been approved by the City. B. Trees shall be retained to the maximum extent feasible. 1. Clearing should not occur outside of the areas designated on the clearing plan. 2. No tree(s) or ground cover shall be removed from a Native Growth Protection Easement or environmentally sensitive site unless that plot plan and other submitted materials can demonstrate that the removal will enhance the easement area. An exception for the installation of roads and utilities may be approved if it can be demonstrated that alternative access is not practical or would be more damaging and is developed pursuant to an approved development plan. Enhancement may include non - mechanical removal of noxious or intrusive species or dead or diseased plants and replanting of appropriate native species. C. The City may restrict the timing of the land clearing and tree cutting activities to specific dates, times, and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protection of the environment D. Native Growth Protection Easements may be established through the subdivision process in the following areas: 1. A 25 foot buffer area from the annual high water mark of creeks, streams, lakes and other shoreline areas or from the top of the bank of WSS52773O -10- same, whichever provides good resource protection. 2. Areas in which the average slope is greater than 25 percent. 3. Wetlands. 4. Any other area which is determined through the environmental review process to include significant vegetation, wildlife or other similar resources which should be protected. E. No ground cover or trees which are within 25 feet of the annual high water mark of creeks, streams, lakes, and other shoreline areas or within 15 feet of the top of the bank of same should be removed, nor should any mechanical equipment operate in such areas except for the development of public parks and trail systems, PROVIDED that conditions deemed by the City to constitute a public nuisance shall be removed, and provided that a property owner shall not be prohibited from making landscaping improvements where such improvements are consistent with the aims of this chapter. F. The City may require and/or allow the applicant to relocate or replace trees, provide interim erosion control, hydroseed exposed slopes, or use other similar methods which would comply with the intent of the chapter. G. No land clearing and tree cutting shall be conducted in a wetland, except for the installation of roads and utilities where no feasible alternative exists and the work is done pursuant to an approved development plan. H. When tree cutting or land clearing will occur pursuant to a building permit, protection measures should apply for all trees which are to be retained in areas immediately subject to construction. The requirements listed may be modified individually or severally by the City if WSS527730 -11- the developer demonstrates them to be inapplicable to the specific on -site conditions or if the intent of the regulations will be implemented by another means with the same result. Where the dripline of a tree overlaps a construction line, this shall be indicated on the survey and the following tree protection measures shall be employed: 1. The applicant may not fill, excavate, stack or store any equipment, or compact the earth in any way within the area defined by the dripline of any tree to be retained. 2. The applicant shall erect and maintain rope barriers on the dripline or place bales of hay to protect roots. In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees. 3. If the grade level adjoining a retaining tree is to be raised or lowered, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree's drip line. 4. The applicant may not install ground level impervious surface material within the area defined by the dripline of any tree to be retained. 5. The grade level around any tree to be retained may not be lowered within the greater of the following areas: (1) the area defined by the dripline of the tree, or (2) an area around the tree equal to one foot in diameter for each one -inch of tree caliper. 6. The applicant may prune branches and roots, fertilize, and water as horticulturally appropriate for any WSS527730 -12- trees and ground cover which are to be retained. The Planning Division Manager or his/her designee may approve the use of alternative tree protection techniques if those techniques provide an equal or greater detree of protection than the techniques listed above. 18.45.055 NOTICE The City shall mail a notice to the surrounding property owners, pursuant to Section 20.90.010, informing them of the application for a clearing permit. 18.45.060 APPEALS Any person aggrieved by the decision of the staff regarding a clearing permit may appeal such decision of the Hearing Examiner within ten (10) working days of the date of the decision. The appeal shall comply with the provisions of Chapter 20.105 of the Edmonds Community Development Code. 18.45.065 BONDING The Applicant shall post a performance bond in the amount covering the installation of temporary erosion control measures and the clearing work to be done on the property and the cost of any proposed revegetation. 18.45.070 VIOLATIONS AND PENALTIES A. A violation of any of the provisions of this chapter shall constitute a misdemeanor. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed. B. Any person found violating the provisions of this chapter may be fined by the Planning Division Manager in an amount not to exceed $1,000 per day and/or $500.00 per tree to a maximum of $10,000.00. Any fine imposed by the Planning Division Manager is appealable WSS527730 -13- to the Hearing Examiner. This civil fine shall be in addition to any criminal, civil or injunctive remedy available to the City. 18.45.075 PUBLIC AN❑ PRIVATE REDRESS A. Any person who violates any provision of this chapter or of a permit issued pursuant hereto shall be liable for all damages t❑ public or private property arising from such violation, including the cost of restoring the affected area to its original condition prior to such violation and the payment ❑f any levied fine. 1. Restoration shall include the replacement of all ground cover with a species similar to those which were removed or other approved species such that the biological and habitat values will be substantially replaced; and 2. For each tree removed, replacement planting of up to three (3) trees of the same species in the immediate vicinity of the tree(s) which was removed so long as adequate growing space is provided for such species. The replacement trees shall be of sufficient caliper to adequately replace the lost tree(s). Replacement trees shall be a minimum of three (3) inches in caliper and shall be replaced at the direction of the Planning Division Manager. B. In order that replanted species shall have an opportunity to adequately root and establish themselves prior to disturbance by any future development, no permit shall be issued nor final approval given to any project until such time as all planting required to mitigate illegal activity has been fully implemented in accordance with an approved landscaping plan, and an adequate rooting period has expired. The plan shall meet the performance standards established in WSS52773O -14- §18.45.050. The phrase "adequate rooting period" is defined for the purposes of this section as a period of one (1) calendar year from the date of planting, provided, however, that a developer or other impacted party may apply to the Architectural Design Board for the establishment of a different rooting period. The Architectural Design Board shall establish such period which may be longer or shorter than one (1) calendar year based upon the species of the plants involved, the particular point in the growing cycle at which the application is reviewed, and the planting schedule. The Architectural Design Board shall establish a rooting period based upon the best scientific and biological evidence available as necessary to reasonably insure the establishment of the plantings. In no event shall a rooting period be established as a penalty. C. Restoration shall also include installation and maintenance of interim and emergency erosion control measures until such time as the restored ground cover and trees reach sufficient maturation to function in compliance with the performance standards identified in section 18.45.050. Section 2. 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 the ordinance or a summary thereof consisting of the title. r ' TV;UGHTEN ATTEST/AUTHENTI ATED� 12 VCITV CLERK, JACQUELINE G. PARRETT WSS52773O -15- APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY 14 � �L FILED WITH THE CITY CLERK: November 1, 1990 PASSED BY THE CITY COUNCIL: NOVEMBER 5, 1990 PUBLISHED: NOVEMBER 9: , 1990 EFFECTIVE DATE: NOVEMBER 14, 1990 ORDINANCE NO. 2804 WSS52773O -16- STATE OF WASHINGTON, COUNTY OF SNOHOMISH, VAr tTT� �eta, 1T� Sth day , of JACQUE'% 0.PARRETT CMV-Clerk' "HIBIT ,w, 111VIC'AND PRIVATE :6HES5' i�nv �eMar�.wh0 Vfroles any pray 5lon of Yh s choPW or of a permit issued pursuant' hareto shall be lioh4e for all dbRiom to - public or Prlvale such Pnlnffnoludlo the cast of restorltig the offecfed area to ffs original condition orEor To SVyyCh vlolOTion and the Pla•Reshtralfon , shaDelude, the rep[acerno of all ground cover with a• sparks slm[far to ltlose �hEch were Yrmov pr other approved sppeecclat such, that the fhaf biolricol and habvalues wlfI be substantial!placed and For each tree rem Wed, Inches In eallp, be rePloced a tfon of the Division Marini B. In oj1der spkifts shall h funky to odequ h efloblish themsei disturbance by development, " i tie Issued nor fin Omen. to - any v such time as i required to mttl _act b ,en rmenrea 110 orory dn- approved: k plan, -and on rooting period he . .The' Van shop - performance, estdblFshed In g1B. Phrase odoapual period'' Is define purpOsts aI this 54 perllod of one (1 F- Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ Summary of Ordinance No. 2804 a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: November 9, 1990 1 ine.................................................................................................:..:................................. of flee q'vas as and that said newspaper was regularly distributed to its subscribers lac -Is ees during all of said period. tr Went IoteI _ r s h D1 Principal Clerk rep}onted1 an opoor- j Y rapt and ft prior to or roofing far the anor, a Perpou'Whlch may be -ce shorter than' bne (1) doe ytdr based upc species of the I InvofVed. the porticulai n iFle growing cycle of ' ooppppllcotlon I; rev arid- itie olanthep W ouory 5nult esigollsh- a Mating - perlod loosed upon the best Sclentttic and blolog. kol. evidence ovaoobw as necessary to reasondbly I nsure the e5tobllshment of the psontings. In no event stwlt o roofing period -be - establ fahed as a nw.afhr, Subscribed and sworn to before me this.... 10 t h day of. .......... ........ No 3emb ....._.._......._....... 19..90. f f No/.ing lic in/and i'or the State of Washington, resEver6tt, Snohomish County, SU MARY 01V OFSDINCE,NO: Rena of fhe City at EdreoW% Washingt 2 The undersigned, being first duly sworn on oath deposes and says on the stfi do Y of Novembw� ' 199Edn dsCitpossed or the once that she is Principal Clerk of THE HERALD, a daily newspaper a} EdmoYsds dossed Ordinance p Y No. R804. x summary , Of She • content of sold Ordinance, printed and published in the City of Everett, County of Snohomish, consl,tfng of the ttlle, Provws as tollows . AN ORDfNANCE OF THE CITY and State of Washington; that said newspaper is a newspaper of OF EDMONDS WASHINGTON . AMENpiNG,iT4E COMMUNIr'7 DEVELOPMENT CODE, By THE general circulation in said County and State; that said newspaper ADOPTION OF A -'NEW CHAPTER 1&4$-LAND CLEAR- has been approved as a legal newspaper by order of the Superior ING AND TREE: CU I T I A GXWO-GpDE THE ' SAME SHALL BECOME Court of Snohomish County and that the notice ........................................ EFFECTIVE. The full text of this Ordinance will,be mailedrequest. DATED this Sm day of Summary Sof Ordinance No. 2804 aAls , November. M. ....................................... .................. ........ ..- JACO ELINE G. PARRF3•TT 0, Y.. B. ............... ............................................................ r'son -hp yiala}es any psi of ttlis chapter ar of a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: I -eoyer.-wim• a S1mIor to those Were removed or appr.ayrq speales November 9, 1990 hat fhe bl:uec"al Mtotvalues wl be .............. ....:..::.:............................... ....... ......... ........... I ......... ......,...... CSPeCleS In The ................... ......... ......... .................... ......... .........»... --...... ........_...._.._..........._.------- .-------- Wioft vlrinpy of the fs) which ' was and that said newspaper was regularly distributed to its subscribers eyed so • lobo as uor: ate 9*1 .$pac¢-Is. ded sue `spec{aes, during all of said period. rep'oeem", trees be at 'su"Irlent ' er .. to adequate#.yy t rcement trees shall) '-....,--- -`=•--.•. ---- .............. = Principal Clerk mfnlrhum of three. 3 in caliper and shill 00ced at the dlrec• be Issued nor final given. to any Prc such time as all raq I ed to mltf�[ • eaeryvnv5a been h Ynented In aC ordt *on, approvea- fan plan;. and dh - c roating .period has The',Van..shall r performance 9 s8 phrdse "adenuote period" Is defined pllrppoossr5 of this Set period . of one (1) year from the dole ing; provided, howl a . , Irngactetl party may.Appiv to the: Archliccturo ppslofn Board for the .establishment of a d fierern rooting pee" The Architectural Design Board Shall estobish such perloo,whlch Troy be tohW or shorter than one (1) colah• dor year based upon the ape " of the plants Involved, the garticular palm n mge growing crcle.atvyhic4h e aic tan Is reviewed, ono the planting schedule. The Architectural Design 15000 5holl estobllsh a necessary To reosor Insure The estobilshmel the 'plantings. In no 1 shale a roofing pertN - estobllshed.as a penalty G Restorottdh shall also ITN InsiblWon• arid. rnalyden of Interim art! ernerg erosion cah*gt meoi until such time as restored ground cover trees reach suftic mgh-Irotidn' to funcfloi compliance with performance stand Identf lad. In section 10.4! Sec t rk a. Th{s ordim bS7tC�d7�`�'SttvCise of O: p be Subscribed and sworn to before me this..., 1 Oth Novemb 'r dayof ............. .... ...... ,..._..__.................; 19...._�. 57`:• ..r` _ - ff Nota ublic in/find for the State of Washington, rest' ing at Everett, Snohomish County. or of