Chapter 16.27
TREE PRESERVATION
Sections:
16.27.010 Purpose.
16.27.020 Description.
16.27.030 Definitions.
16.27.040 Applicability – Permit required and exemptions.
16.27.050 Tree maintenance.
16.27.060 Tree plan requirement.
16.27.070 Hazardous trees.
16.27.080 Replacement trees.
16.27.090 Administrative rules.
16.27.100 Violation, enforcement and penalties.
16.27.110 City tree fund.
16.27.120 Severability.
16.27.130 Appeals.
16.27.010 Purpose.
The purpose of this chapter is to promote the health, safety, welfare and quality of life of the residents of the City through the retention, protection, and proper maintenance of specified trees. Trees provide significant aesthetic, ecological and economic value to the Issaquah community. Trees stabilize the soil and prevent erosion, decrease stormwater runoff, moderate temperature, provide buffers and screens, filters pollutants, increase property values and provide wildlife habitat. In establishing these procedures and standards, it is the City’s intent to preserve the benefits trees provide the community, to mitigate where tree loss cannot be avoided, and to provide for the effective removal of hazard trees to protect public health and safety. (Ord. 2481 § 6, 2006).
16.27.020 Description.
This title sets forth rules and regulations to control the removal and/or alteration of trees; establishes the administrative procedure for issuance of permits; provides for approval of plans and inspection; and provides for enforcement and penalties. (Ord. 2481 § 6, 2006).
16.27.030 Definitions.
For the purpose of this chapter, the words set out in this section shall have the following meanings:
“Applicant” means the individual, partnership, association or corporation applying for a permit to do the work under this chapter and includes property owners, employees, agents, consultants, contractors and successors in interest.
“Approval” means approval by the designated Permit Authority for the tree removal permits.
“Arborist.” See “Tree professional.”
“Canopy” means the leaves and branches of a tree from the lowest branch on the trunk to the top.
“Canopy cleaning” means the removal of dead, dying, diseased, crowded, weakly attached, low-vigor branches, and watersprouts from a tree’s canopy.
“Canopy raising” means the removal of the lower branches of a tree in order to provide a height of up to 8 feet for pedestrian clearance and up to 16 feet for vehicular clearance or such other increased height as deemed appropriate for clearance by the City Arborist, provided it does not meet the definition of excessive pruning.
“Canopy thinning” means the selective removal of branches not to exceed more than 25 percent of the leaf surface to increase light penetration and air movement, and to reduce weight.
“City Arborist” means an arborist employed by or under contract with the City of Issaquah to provide professional consultation on tree care, preservation and management.
“Compaction” means the densification of soil by mechanical means.
“Deciduous tree” means any woody plant with a minimum height generally greater than 15 feet which goes dormant in winter and sheds its foliage.
“Diameter/diameter-breast-height (DBH)” means the diameter of any tree trunk, measured at 4.5 feet above average grade. For species of trees whose normal growth habit is characterized by multiple stems or lower canopy branching (e.g., hazelnut, vine maple), “diameter” shall mean the average diameter of all stems of the tree, measured at a point 6 inches from the point where the stems digress from the main trunk. In no case shall a branch more than 6 inches above average grade be considered a stem.
“Director” means the Director of Public Works, Engineering or an authorized agent of the Public Works Department.
“Dripline” means an area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree’s branch tips to the ground.
“Excessive pruning” means removal of more than 1/4 of the functioning leaf and stem area of a tree in any 12-month period, or removal of foliage so as to cause the unbalancing of a tree.
“Native Growth Protective Easement (NGPE)” means an easement for the protection of native vegetation within a critical area or its associated buffer.
“Permit Authority” means the Director of Public Works. He/she may designate subordinates to make approvals, sign permits and carry out other responsibilities in application of this chapter.
“Prune” or “pruning” means the reduction or removal of tree branches through canopy thinning, canopy cleaning, windowing or canopy raising but not including tree topping or any other practice or act which is likely to result in the death of or significant damage to the tree.
“Public right-of-way” means a publicly owned strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special use.
“Qualified professional” means an individual with relevant education and training in arboriculture or urban forestry. The individual must be an arborist certified by the International Society of Arboriculture, a registered consulting arborist from the American Society of Consulting Arborists, or a forester certified by the Society of American Foresters. A qualified professional must possess the ability to perform tree risk assessments and prescribe appropriate measures necessary for the preservation of trees during land development.
“Site” means that defined portion of any lot(s) or parcel(s) of land or contiguous combination thereof, where tree removal or maintenance is performed or permitted.
“Tree, evergreen” means any woody plant with a minimum height greater than 15 feet which retains at least 1 year’s foliage during the winter dormant period.
“Tree, hazardous” means a tree that is so affected by a significant structural defect or disease or in permanent decline that falling or failure appears eminent, and that currently poses a threat to life or property that is certified in writing by an arborist.
“Tree professional” means a professional horticulturist or certified arborist with at least 5 years of professional experience.
“Tree, protected” means any tree in a Native Growth Protection Easement (NGPE), environmentally critical area, public right-of-way or City-owned property, identified in an approved tree plan, landscape plan, or site plan, identified for preservation in any land use approval, required as a replacement tree, or protected by any other measure.
“Tree removal” means the removal of a tree(s), through either direct or indirect actions including, but not limited to:
A. Clearing, cutting, causing irreversible damage to roots or trunks;
B. Poisoning; destroying the structural integrity; and/or
C. Any filling, excavation, compaction, grading, or trenching in the dripline area of a tree which has the potential to cause irreversible damage to the tree, or relocation of an existing tree to a new location.
“Tree, significant” means any tree at least 6 inches in diameter at 4.5 feet above ground.
“Tree topping” means the significant cutting back of the leader stem or major branches, resulting in severely altering the growth potential of a tree as defined by the City Horticulturist. This definition does not apply when the sole purpose is to create a snag or snags for wildlife habitat.
“Unit” means a standardized density measure to allow for the calculation of minimum trees provided (15 units per acre) and replacement tree value. (Ord. 2501 § 2, 2007; Ord. 2481 § 6, 2006).
16.27.040 Applicability – Permit required and exemptions.
A. Permit Required – Protected Trees. No person shall remove, excessively prune, or top any protected tree without first obtaining a valid permit pursuant to this title, except as exempted under subsection D of this section.
B. Permit Required – Nonprotected Trees. A permit is required for any owner of property to remove, excessively prune, or top any significant, nonprotected trees, except as exempted under subsection D of this section.
C. Expiration of Inactive Permits. Permit applications or issued permits shall be closed and deemed “inactive” if there has been no applicant activity for any 6-month period following the date the application is deemed sufficient, or from the date the active permit was issued, or within a specified time which has been mutually approved in writing by the applicant and the Director. The applicant shall be responsible for notifying the Director, in writing, if delays or unforeseen circumstances are impacting the completion of the application and review process. If an application file or permit has been closed by the Permit Center, the applicant must submit a new application and fee and receive approval prior to any tree removal.
D. Exemptions. The following activities are exempt from compliance with this chapter:
1. The tree removal by a public agency or a franchised utility within a public right-of-way or upon an easement, for the purpose of installing and maintaining water, storm, sewer, power, gas or communication lines, or motorized or nonmotorized streets or paths, except that prior City notification is required for tree maintenance or removal within City rights-of-way;
2. Tree removal in association with mineral resource extraction or processing in a mineral resource (“M”) zone regulated under IMC 18.07.525;
3. Removal of three or fewer significant, nonprotected trees annually from a developed single-family lot;
4. Emergency Removal. Any number of hazardous protected and nonprotected trees may be removed without a permit under emergency conditions involving immediate danger to life or dwellings or similar stationary and valuable property so long as:
a. The City is notified the following business day of the unpermitted action;
b. Visual documentation (i.e., photographs, video, etc.) is made available; and
c. The felled tree remains on-site for City inspection.
Should the City determine there was an emergency condition caused by hazardous trees, the owner will be required to provide replacement trees per the terms of this title. If the tree is determined not to have posed an emergency condition, which shall include the presence of a target, the owner may be cited for violation of the terms of this title;
5. Tree removal at the City’s written direction.
E. Value. The value of significant and protected trees shall be established according to the formula outlined in the most recent edition of the Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers. This value shall be determined by the City. (Ord. 2481 § 6, 2006).
16.27.050 Tree maintenance.
The following regulations shall apply to all significant and protected trees. The City Arborist is authorized to make adjustments to the standards and requirements on a case-by-case basis using best professional judgment.
A. An irrigation method, approved by the City, shall be provided to all newly planted protected trees through an establishment period.
B. All pruning shall be done to the most recent ANSI standards (A300-1995 and Z133.1-1994). Canopy raising, canopy cleaning, and canopy thinning as defined in IMC 16.27.030 are permitted; provided, that they do not meet the definition of excessive pruning in IMC 16.27.030. No permit shall be required for maintenance pruning.
C. Tree topping is prohibited, except under the following circumstances:
1. Branches interfering with utility lines.
2. Significant canopy dieback has occurred.
3. Storm damage or prior incorrect pruning requires correction.
D. Pruning to the extent defined as tree removal in IMC 16.27.030 is a violation of this chapter.
E. Except as allowed under subsection C of this section, if tree topping has been performed, the owner shall have a qualified professional develop and carry out a 5-year pruning schedule. (Ord. 2481 § 6, 2006).
16.27.060 Tree plan requirement.
A. Purpose. The purpose of this section is to preserve existing trees; provide for the inclusion of trees into development projects; allow for the removal of hazardous trees; and to minimize the impact of construction on trees designated for retention. This section shall apply to all property in the City, except as exempted under IMC 16.27.040(D).
B. Preservation. Significant trees shall be preserved whenever possible. Clusters of trees in undisturbed soil with a disturbance free zone extending beyond their driplines shall be retained whenever possible. A tree designated for retention shall not have the soil grade altered within its dripline or within 15 feet of its trunk whichever is greater. Trees shall not be designated for retention if they are dead or in a declining state or if they are deemed hazardous by a qualified professional.
C. Removal. While it is recognized that trees will be removed in the course of construction, no tree shall be removed for the purpose of view enhancement. Trees may be removed to provide solar access to buildings incorporating active or passive solar devices if the character of the site is not unduly affected. Windows will be considered solar devices only when they are south-facing and include special storage elements to distribute heat energy.
D. Tree Plan Required. Applications for any clearing and grading permit, tree removal, subdivision, short subdivision, or other development permit shall include a tree plan for the planting, removal and protection of trees.
E. Submittal Requirements.
1. The tree plan required hereunder shall be submitted separately or incorporated with a grading, drainage and erosion control plan, as applicable. All tree plans must be certified by a qualified professional.
2. The tree plan shall be approved prior to the commencement of site construction activities or any tree removal.
3. A plan review/permitting/inspection fee shall be charged as specified in IMC 3.64.010.
F. Plan Requirements.
1. Identify the project boundaries and acreage of the site; include address, adjacent streets, north arrow and scale.
2. Identify the location, size and species of all significant trees or groups of trees. Trees shall be identified by common names.
3. Trees to be removed or altered in any way shall be marked in the field and matched on the tree plan. Number of trees, species and sizes (trunk diameter at breast height) shall be identified on the plan.
4. Delineate of all construction zone limits.
5. Provide a protection program defining construction methods that will be incorporated to protect trees during and after construction. Methods should include barriers, signs, soil stabilization, contractor notices, etc.
6. Identify the size, location and number of replacement plantings.
7. Provide plans for supervising and/or monitoring implementation of any required tree protection or replacement measures.
8. For hazard tree removal, an abbreviated tree plan is allowed. The hazard tree plan shall include:
a. Name and qualification of evaluator;
b. Date of evaluation;
c. Description of type, size, location, and condition of tree(s);
d. The tree unit density if removal of the tree(s) is approved;
e. Description of the potential hazard and target;
f. Evaluate preventive measures in lieu of removing the tree and potential impacts of tree removal.
i. Avoid Disturbing Tree. Avoid disturbing the tree at all unless it represents a hazard as determined by an arborist;
ii. Stabilize Tree. Stabilize the tree, if possible, using approved arboricultural methods such as cable and bracing, repairing damaged bark and trunk wounds, mulching, application of fertilizer, and improving aeration of the tree root zones;
iii. Partial Tree Removal. Remove limbs from the tree, such as removing dead or broken branches, or by reducing branch end weights. If needed, remove up to 1/3 of the branches from the canopy and main trunk only in small amounts;
iv. Wildlife Tree. Create a wildlife tree or snag, or cut the tree down to a safe condition, without disturbing the roots, where the tree no longer poses a hazard. To create snags, remove all branches from the canopy, girdle deciduous trees, and leave the main trunk standing. Wildlife trees or snags are the most appropriate in greenbelts, NPGEs, vacant property, and environmentally sensitive critical areas;
v. Tree Root Removal. Remove tree roots only when warranted by disease or other considerations;
vi. Steep Slopes. Removal of tree roots on steep slopes may require a geotechnical evaluation;
vii. Creeks and Lakes. Trees fallen into creeks and lakes are to remain in place unless they create a hazard;
g. Provide professional recommendations on:
i. The necessity of removal, including alternative measures to removal;
ii. The lowest-impact approach to removal;
iii. Whether replacement is necessary pursuant to IMC 16.27.080; and
iv. A replacement tree plan, if required.
G. Performance Guarantee.
1. Any applicant for a tree plan shall provide a required performance guarantee following approval of the tree plan and prior to any construction and/or grading or tree removal. The amount of the performance guarantee to be submitted shall be calculated for each tree plan as follows:
a. 100 percent of the cost of completing tree replacement mitigation as determined by the approved tree plan unless the applicant provides tree replacement in the form of cash dedication per IMC 16.27.080(E); plus
b. An amount to guarantee preservation of all trees to be preserved in the tree preservation plan which lie within 15 feet of the construction zone (measured from the construction zone to the nearest side of the tree trunk). The amount shall be based on the total diameter inches of significant trees and specimen trees to be preserved within this 15-foot zone at the rate of $25.00 per diameter inch and the total square feet of significant woodlands to be preserved within the 15-foot zone by the rate of $1.20 per square foot. No financial guarantee for protected trees is required for hazard tree removal.
2. This performance guarantee shall be in addition to any other landscaping cash deposit or bond required by the City.
3. Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the City that the tree preservation plan was followed and that the tree replacement schedule was complied with where necessary. At the Director’s discretion, the applicant may be required to post a 2-year maintenance guarantee to ensure tree survival.
H. Minimum Tree Requirements.
1. Minimum Tree Density Required. A minimum tree density shall be required in the buildable area of each site. The tree density may consist of existing trees, replacement trees, or a combination of existing and replacement trees. The site density of protected trees to be preserved on each site shall be determined prior to approval of a tree plan for new development sites.
2. Tree Density Calculation. The minimum tree density factor required for each site is 15 units per acre. To calculate the density of trees to be designated for retention:
a. Measure the stem diameter of each protected tree 4.5 feet above the ground line. This measurement is called “DBH” and is measured in inches.
b. Refer to Table 1 following subsection (B)(5)(d) of this section and select the unit value which corresponds with the DBH for each protected tree.
Example: A 20-inch DBH tree has a unit value of 2.2.
c. Add up the unit values for all protected trees and divide this sum by the total acreage of the buildable area. This value must be greater than 15 units per acre. If the value is less than 15 units per acre, more trees must be protected or replacement trees will be required.
3. Replacement Tree Requirement. If existing trees are inappropriate or inadequate to meet the minimum of 15 units per acre, a sufficient number of replacement trees shall be planted to meet the minimum requirement. The number of replacement trees can be determined in IMC 16.27.080.
|
DBH (in inches) |
Units |
DBH (in inches) |
Units |
DBH (in inches) |
Units |
|
1 – 4 |
.1 |
22 |
2.6 |
37 |
7.5 |
|
5 – 7 |
.3 |
23 |
2.9 |
38 |
7.9 |
|
8 – 9 |
.5 |
24 |
3.1 |
39 |
8.3 |
|
10 |
.6 |
25 |
3.4 |
40 |
8.7 |
|
11 |
.7 |
26 |
3.7 |
41 |
9.2 |
|
12 |
.8 |
27 |
4.0 |
42 |
9.6 |
|
13 |
.9 |
28 |
4.3 |
43 |
10.1 |
|
14 |
1.1 |
29 |
4.6 |
44 |
10.6 |
|
15 |
1.2 |
30 |
4.9 |
45 |
11.0 |
|
16 |
1.4 |
31 |
5.2 |
46 |
11.5 |
|
17 |
1.6 |
32 |
5.6 |
47 |
12.0 |
|
18 |
1.8 |
33 |
5.9 |
48 |
12.6 |
|
19 |
2.0 |
34 |
6.3 |
49 |
13.1 |
|
20 |
2.2 |
35 |
6.7 |
50 |
13.6 |
|
21 |
2.4 |
36 |
7.1 |
|
|
I. The Director may require certain tree protection measures. These measures may include, but are not limited to: fencing around trees; tunneling instead of trenching; stump grinding instead of stump pulling; and routing of traffic to prevent excessive soil compaction. The Director may also require the hiring of a certified arborist at the developer’s expense to determine measures that may need to be taken to preserve protected trees.
To protect tree roots from damage due to trenching, these standards shall be set for tunneling through tree root zones:
|
Tree Diameter (at 4.5 feet above ground): |
|
2" or less – tunnel required within 1 foot of tree face in all directions |
|
2" – 4" – tunnel required within 2 feet of tree face in all directions |
|
4" – 9" – tunnel required within 5 feet of tree face in all directions |
|
9" – 14" – tunnel required within 10 feet of tree face in all directions |
|
14" – 19" – tunnel required within 12 feet of tree face in all directions |
|
19" or more – tunnel required within 15 feet of tree face in all directions |
Tunnels shall be a minimum depth of 24 inches. Exceptions to the tunneling specifications may be granted in case of utility conflicts or other similar circumstances.
J. If a protected tree designated for retention has been damaged in the following manner, the developer shall post, with the City, a deposit or cash bond worth the established monetary value of the tree. The amount of the performance guarantee in subsection (G)(1)(b) of this section shall be deducted from the total of all cash bonds posted under this section over the life of the project. Deposits or cash bonds shall be posted for the following:
1. Wounding of its trunk;
2. Wounding of major structural branches;
3. Grading, trenching, or filling of its root zone within the area designated to be disturbance free;
4. Soil compaction due to heavy vehicle traffic within its root zone which was designated disturbance free;
5. Change in drainage.
The deposit or bond will be held for 5 years. If the tree dies or is in a declining condition after 5 years, the deposit or bond will be forfeited to the City for tree replacement. If after 5 years the tree is in a healthy growing condition no worse than prior to construction, the deposit or bond will be released. (Ord. 2481 § 6, 2006).
16.27.070 Hazardous trees.
A. Purpose. The purpose of this section is to provide clarity to property owners and to developers, and to provide a process and standards for the removal of hazardous trees on both developed and undeveloped properties and to discourage the unnecessary removal of trees.
B. Removal of Protected Hazard Trees. No person shall remove any protected tree that is hazardous without first obtaining a permit, except as allowed per IMC 16.27.040(D), Exemptions.
C. Application Requirements. In determining whether a hazard tree removal permit is to be approved, approved with conditions, or denied, the City will require the submittal of a tree plan per IMC 16.27.060.
D. Hazard Trees on City Property. Upon notice from the public, the City shall promptly evaluate the condition of potentially hazardous trees located on City property and will take appropriate actions to remedy any potential hazards. (Ord. 2481 § 6, 2006).
16.27.080 Replacement trees.
A. Trees removed pursuant to a permit issued under the provisions of this title shall be replaced if remaining tree units are less than the minimum density of 15 tree units per acre.
B. To determine the total number of replacement trees required, refer to Table 2 of this section.
1. Replacement trees are measured differently than protected trees. Instead of measuring DBH as in protected trees, replacement trees shall be measured by caliper in inches. Caliper on replacement trees shall be measured 6 inches above the ground line for 4-inch and smaller trees, and 12 inches above the ground line for larger replacement trees.
2. Refer to Table 2 and select the unit value which corresponds with the caliper for each replacement tree.
Example: A 2-inch caliper tree has a unit value of 0.5.
3. Add up the unit values for all replacement trees to determine how many trees will be required to achieve the minimum site density.
Example: If there are no trees, or the trees are not appropriate for protection on a 1-acre site and the selected replacement trees were 2-inch caliper, then 30 replacement trees must be planted.
C. Replacement Tree Quality. Replacement trees shall be State Department of Agriculture Nursery Grade No. 1 or better and must be consistent with the approved tree plan. Replacement trees must be staked, fertilized and mulched.
D. Replacement Tree Location.
1. Director Approval Required. The applicant’s proposed location of transplanted or replacement trees shall be subject to City approval as part of the tree replacement plan.
2. Location On-Site. To the extent feasible and desirable, trees shall be relocated or replaced on-site.
3. Relocation or Replacement Off-Site. Where it is not feasible to relocate or replace trees on-site, relocation or replacement may be made at another Director-approved location in the City.
E. City Tree Fund. Where it is not feasible to relocate or replace trees on-site or at another Director-approved location in the City, the applicant may be required to pay into the City tree fund an amount of money approximating the current market value of the replacement trees.
|
Caliper |
Units |
Caliper |
Units |
|
1 |
.4 |
8 |
1.3 |
|
2 |
.5 |
9 |
1.5 |
|
3 |
.6 |
10 |
1.7 |
|
4 |
.7 |
11 |
1.9 |
|
5 |
.9 |
12 |
2.1 |
|
6 |
1.0 |
13 |
2.3 |
|
7 |
1.2 |
14 |
2.5 |
(Ord. 2481 § 6, 2006).
16.27.090 Administrative rules.
The Director is authorized to establish administrative rules to carry out the purposes and intents of this title. (Ord. 2481 § 6, 2006).
16.27.100 Violation, enforcement and penalties.
A. Noncompliance with any other section of this title constitutes a violation of this code.
B. Enforcement Authority. It shall be the duty of the Director of Public Works Engineering or his/her designee to enforce this code. The Director or his/her designee may call upon the police and other appropriate City officials or departments to assist in enforcing this code. It is unlawful to violate any of the provisions of this code and violators shall be punished in accordance with IMC 1.06.010.
C. General Provisions for Enforcement and Penalties.
1. The enforcement provisions for tree protection are intended to encourage compliance and protect the City’s significant and protected trees. To achieve these ends, violators will not only be required to restore damaged or removed protected trees, insofar as that is possible, but will incur a civil and/or criminal penalty for the redress of community ecological, aesthetic, and economic values lost or damaged.
2. The owner of the land on which the violation occurs shall be named as a party to the violation, except in cases of trespass. In addition to any other persons who may be liable for violations, the owner shall be jointly and severally liable for the restoration of a site and payment of any penalties imposed.
3. Each violation of this code, or any rule or regulation adopted, or any permit, permit condition, or order issued pursuant to this code, shall be a separate offense.
4. 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.
D. Penalties.
1. Criminal Penalties. Any person violating any provisions of this title is subject to criminal penalties. A violation of this title is a gross misdemeanor and is punishable by a fine not to exceed $5,000 and imprisonment not to exceed 1 year. Additionally, the City may be entitled to restitution for up to twice the value of the trees removed or damaged as well as costs in replacing and restoring the damaged area and any other reasonable expenses incurred.
2. Civil Penalties. Any person violating any provisions of this title 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 City may be entitled to treble the amount of civil damages claimed or assessed. The extent of the penalty shall be determined according to one or more of the following:
a. An amount reasonably determined by the Director to be equivalent to the costs estimated by the City to investigate and administer the infraction;
b. The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property or the value received by the violator or savings of construction costs realized by the violator performing any act in violation of this chapter);
c. The value lost of the trees removed versus that recovered through replacement plantings; and
d. The cost of replacing the trees and restoring the disturbed area according to a specific plan approved by the City. Violators of this title 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). In cases where the violator intentionally or knowingly violated this chapter or has committed previous violations of this chapter, restoration costs may be based on the City-appraised tree value of the subject trees on which the violation occurred. 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.
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, approximate the 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 set forth in IMC 16.27.110.
E. Notices and Citations. The Director is authorized to issue notices and administrative orders, levy fines, and/or institute legal actions in court.
1. Recourse to any single remedy shall not preclude recourse to any of the other remedies.
2. The Director may issue a stop work order for any approved development activity for the property on which or adjacent to which a violation of this chapter occurred if the owner of such property, agent, employee, contractor, or other party with interest in the property committed the violation. A stop work order issued for violation of the provisions of this chapter shall remain in effect until such time that penalties imposed by the violation have been paid, restoration has been performed, and mitigation has been performed for environmental damage resulting therefrom, to the satisfaction of the Director.
a. The order shall set forth and contain a description of the nature of the violation.
b. The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.
c. Failure to comply with the terms of a stop work order can result in enforcement actions including, but not limited to, criminal penalties.
d. Orders and penalties issued pursuant to this subsection may be appealed as provided for in IMC 18.10.880. (Ord. 2481 § 6, 2006).
16.27.110 City tree fund.
There is hereby created a City tree fund which shall be administered by the Finance Department. All funds received from civil penalties resulting from violations of this title shall be deposited in the fund which shall be used only for the purpose of paying all or part of the cost and expense of enforcing and implementing this title and may be used for the purpose of acquiring, maintaining, and preserving wooded areas, for planting and maintaining trees on publicly owned property within the City, and for urban forestry education. Monies in said fund not needed for immediate expenditure shall be invested for the benefit of the City tree fund pursuant to RCW 36.29.020. For investment purposes, the Director of Finance is hereby designated the fund manager. (Ord. 2481 § 6, 2006).
16.27.120 Severability.
If any provision of this chapter or the application thereof to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (Ord. 2481 § 6, 2006).
16.27.130 Appeals.
Any person seeking the Director’s approval to remove a significant or protected tree pursuant to the provisions of this chapter who is aggrieved by a decision of the Director (exclusive of criminal sanctions) may appeal such decision in accordance with the procedures set forth in IMC 18.04.250, Administrative appeals. Any decision issued on administrative appeal by the Hearing Examiner shall be considered the City’s final decision. (Ord. 2481 § 6, 2006).