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Ordinance 1952ORDINANCE NO. 1952 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, CREATING A NEW CHAPTER 7.18 IN THE EDMONDS CITY CODE; REGULATING THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES IN THE PUBLIC STREETS, PARKS, AND OTHER CITY - OWNED PROPERTY; DESIGNATING THE DEPARTMENT OF PUBLIC WORKS AS THE AGENCY PRESCRIBING REGULATIONS RELATING TO THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES IN PUBLIC PLACES; AUTHORIZING A MASTER STREET TREE PLAN AND PROVIDING CRITERIA THEREFORE; PROVIDING FOR THE ISSUING OF PERMITS FOR THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES IN PUBLIC PLACES; PROVIDING FOR THE PRUNING AND REMOVAL OF TREES ON PRIVATE PROPERTY WHICH ENDANGER PUBLIC SAFETY; AND PRESCRIBING PENA- LTIES FOR VIOLATIONS OF ITS PROVISIONS; AND REPEALING CHAPTER 7.16 OF THE EDMONDS CITY CODE. WHEREAS, the City Council of the City of Edmonds finds that trees constitute a natural resource that should be preserved and protected for future generations, and WHEREAS, that the City Council finds that trees may be unique by reason of size, age, species, rarity, status as a landmark and contribute to the aesthetic experience of the City, are worthy of preservation, and WHEREAS, the City Council finds that unplanned planting of trees in the City may create limitations with respect to visibility along streets and at intersections thus con- stituting a safety hazard, and WHEREAS, the City Council finds that certain varieties of trees may cause destruction of or interference with the existing or planned utility lines, sidewalks, driveways and will obstruct the view from adjoining homes, and -1- WHEREAS, the City Council finds that trees contribute to the reduction of soil erosion, water runoff and provide noise buffering, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHIN.GTON DO ORDAIN AS FOLLOWS: Section 1. A new chapter 7.18 entitled Municipal Tree Ordinance is hereby added to the Edmonds City Code. Section 2. 7.18.010. Definitions. 1. Director of Public Works. As used herein this term shall mean the Director of Public Works or his designee. 2. Person means any person, firm, partnership, association, corporation, company, or organiza- tion of any kind. 3. Planting Strip means that part of a street or highway, not covered by sidewalk, lying between the property line and that portion of the street or highway usually used for vehicular traffic. 4. Property Line means the edge abutting the public right-of-way. 5. Property Owner means the person owning such property as shown by the records of the County Assessor of Snohomish County. 6. Public Places shall include all property owned or leased by the City of Edmonds. 7. Public Trees shall include all shade and ornamental trees now or hereafter growing within the right- of-way or any other public place. 8. Street or Highway means the entire width of every existing or proposed public way or right-of-way when any part thereof is or will be open to the use of the public, as a matter of right, for purposes of vehicular and/or pedestrian and/or equestrian traffic. -2- 9. Trees, Large are designated as those attaining a height of forty-five (45) feet or more at maturity. 10. Trees, Medium are height of thirty maturity. 11. Trees, Small are height of twenty maturity. designated as those attaining a (30) to forty-five (45) feet at designated as those attaining a (20) to thirty (30) feet at 12. Trees Worthy of Preservation are trees unique by reason of size, age, rarity, or status as a land- mark; or contribute to the aesthetic experience of the facility, and are so noted on the Master Street Tree Plan. Section 3. 7.18.020. Master Street Tree Plan 1. Description. The Master Street Tree Plan (Plan) shall designate which of three categories of trees (small, medium, or large) shall be planted along the streets or in other public places within the City. Pursuant to the procedure specified hereinafter, the Director of Public Works (Director) shall develop a list of suggested species of trees that are within the categories above -mentioned. These lists shall be illustrative only and, subject to the restrictions listed hereinafter, species of trees not on the suggested list may be planted if they are within the designated category. The plan may incorporate maps of city streets, parks and other public areas. These maps shall show which category of tree has been designated to be planted along particular streets, in particular parks or in other public places. The plan may also categorize certain streets according to volume of traffic, width, location in the city, existing or proposed utility lines, adjoining housing, or other relevant factors. A particular species of tree may then be desig- nated for the particular classification of street. 2. Creation. The Plan shall be developed as follows: A. The Director of Public Works shall be respon- sible for developing the Plan. The Director shall consult with the Amenities Design Board. -3- B. In drafting the Plan the Director shall consider among other things, the following criteria: (1) Safety factors: (a) Visibility along the street, at intersections and from adjoining property. (b) Danger from low limbs and branches. (c) Possible interference with planned future or existing overhead or underground utility lines. (d) Possibility of present or future damage to public property, including streets and/or sidewalks. (2) Maintenance factors: (a) Ease of care once planted. (b) Ability to survive given the soil, temperature and exposure. (3) Environmental factors: (a) Desireability of wind screens in certain areas of the city. (b) Need for erosion control in certain areas of the city. (c) Need for noise buffering. (4) Aesthetic factors: (a) Relationship between building height and tree height. (b) Special designations for Boulevards, entrances to Edmonds, areas of the city. (c) Enabling certain sections of the city to achieve community identity by encouraging specific species of trees in specific areas. -4- (d) Preservation of trees worthy of preservation. (e) Visual effect of trees on sight lines and views. C. Amendments. Any member of the Amenities Design Board may request the Director to consider amendments to the Plan. The Director, upon his own motion may also consider amendments to the Plan. In considering amendments to the Plan the Director shall follow the same pro- cedures and shall be guided by the same criteria as provided for above. Section 4. 7.18.030. Additonal Duties of Director of Public Works. The Director of Public Works or his designee shall: 1. Be responsible for planting, maintaining and removing public trees in accordance with the public health, safety, welfare; appropriate standards; the Master Street Tree Plan and the provisions of this chapter. 2. When necessary, inspect or supervise work done under permits issued in accordance with the terms of this chapter. 3. Insure that all permits issued, comply with the Master Street Tree Plan. 4. Develop procedures for issuing permits, including but not limited to, the specific information required of an applicant before a permit will issue. Section 5. 7.18.040. Permits Re uq fired. 1. Planting or Removal Permits. A. No person shall plant or remove any tree on any street or public place without first obtaining a permit from the Director of Public Works. B. The application for permits must be made at the office of the Director of Public Works not less than 48 hours in advance of the time the work is to be done. No work shall commence until the permit has been issued. -5- C. The Director of Public Works shall issue the permit provided for herein if the pro- posed work is in accordance with the Master Street Tree Plan and the proposed method and workmanship are of a satisfactory nature. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as herein described. Any permit shall be void if its terms are violated. D. Notice of completion shall be given within five (5) days to the Director of Public Works for his inspection. 2. Maintenance Permits. A. No person shall cut above ground or other- wise disturb any public tree without first obtaining a permit from the Director of Public Works B. (1) Application for permit shall be made at the Public Works Department, 200 Dayton Street, Edmonds, Washington. (2) The Director of Public Works shall issue the permit to every application upon satisfaction of the following require- ments. (a) The applicant has information on the proper care and maintenance of trees. (b) Payment of a fee sufficient to cover costs of printing any infor- mational material sent to the applicant and postage. (c) The applicant furnish his name, address, telephone number. (3) Once issued, the permit may be renewed from year to year either in person or by telephoning the Director of Public Works. 3. Improper Planting. Whenever any tree shall be planted contrary to the provisions of this section, the Director of Public Works or his designee shall have the power to remove the same. _Section 6. 7.18.050. Abuse or Mutilation of Public Trees. Unless specifically authorized by the Director of Public Works, no person shall intentionally damage any public tree; attach any rope, wire, nails, advertising posters, or other contrivance to any public tree; allow any gaseous liquid, or solid substance which is harmful to such trees to come in contact with them; set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree; excavate any ditches, tunnels, trenches or lay any drive within a radius of ten (10) feet of any public tree; deposit, place or store any stone, bricks and concrete or other materials which may impede the free passage of water and fertilizer to the roots of any public tree. Section 7. 7.18.060. Removal, Replanting, and Replacement. 1. Wherever it is necessary to remove a tree or trees from a planting strip in connection with the paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the city should replant such trees or replace them. Provided, when conditions prevent planting on planting strips, this require- ment will be satisfied if any equivalent number of trees are planted in an attractive manner on the Tree Plan, if so desired by the property owner. 2. No person or property owner shall remove a tree from the planting strip for the purpose of con- struction, or for any other reason, without first filing an application and procuring a permit from the Director of Public Works, and without replacing the removed tree or trees. Such replacement shall meet the standards specified in the Master Street Tree Plan of size, species, and placement as provided for in a permit issued by the Director of Public Works. The person or property owner shall bear the costs of removal and replacement of all trees removed. 3. Removal, planting and replacement of all public trees shall be in conformance with the standards as specified in the material labeled "Standards for Planting Street Trees Within the City of Edmonds," three copies of which are and have been on file with the City Clerk, and which is incorporated by this reference as if set forth in full. -7- Section 11. Chapter 7.16 of the Edmonds City Code is hereby repealed. APPROVED: r MAYOR, H. H. HARRISON ATTEST: CITY CLERK, IRENWIVARNEY MORAN FILED WITH THE CITY CLERK: September 30, 1977 PASSED BY THE CITY COUNCIL: October 18, 1977 PUBLISHED: October 26, 1977 139 •• � t l :%V. �ric�z s�r��w v<s FIG. 4 RESTRICTED PLANTING AREA OVER STREETS AND SIDEWALKS TREE BRANCHES AND SHRUBBERY SHALL NOT IMPINGE INTO VERTICAL AREA EXTENDING SEVEN FEET (7) ABOVE SIDEWALKS AND FOURTEEN (14) FEET ABOVE STREETS. t hereby certify that the attached.�sf�^r/ is a true and eo.t,rr+e�ci��Copy ''of lie origrinai paased for exBGuted) On the /9•day af......[.!x G cV, 9 � as it appQ rs in the minute book of the City cf Edmonds. -// Dated this..-.... day of..�L. G ---- 19_/__2 SEAL' Irene Varney Moran Clerk of the City of Edmonds, Washington 1 V - Ai�llrife, it FIG. 1 INTERSECTION WITH FRONT YARD SETBACKS RESTRICTED PLANTING AREA - SHRUB PLANT MATERIAL IIISTALLED IN THIS AREA SHALL NOT EXCEED THREE (3) FEET IN AT FULLY COMPLETED GROWTH AND TREES PLANTED IN THIS AREA SHALL NOT HAVE FOLIAGE BELOW SEVEN (7) FEET. NO PLANT MATERIAL SHALL ITrPING17, IN THIS AREA ABOVE THREE FEET OR BELOW SEVEN FEET EXCEPT TREE TRUNKS. 1 1 60' 7Y U/yE -------------- 5 77- /�;7-1" nfi l ; 7 FIG. 2 INTERSECTION WITH NO FRONT YARD SETBACKS RESTRICTED PLANTING AREA - SHRUB PLANT MATERIAL INSTALLED IN THIS AREA SHALL NOT EXCEED THREE (3) FEET IN HEIGHT AT FULLY COMPLETED GROT•1TH AND FREES PLAN'-PED IN THIS AREA SHALL NOT HAVE FOLIAGE BELOW SEVEN (7) FEET. 140 PLANT MATERIAL SHALL IMPINGE IN THIS AREA ABOVE THREE FEET OR BELOW SEVEN FEET EXCEPT' TREE TRUNKS. �ilC�(JJnr�CQv�2 QI%�� I r FIG. 3 RESTRICTED TREE AND SHRUB PLANTInO NO TREE OR SHRUB SHALL BE PLANTED WITHIN FIVE (5) FEET OF A FIRE HYDRANT. GROUND COVER IS PERMISSABLE AS LONG AS IT DOES NOT "CLIMB" THE HYDRANT.