Chapter 16.25
TREE CODE

Sections:

16.25.010    Title, purpose, and interpretation.

16.25.020    Definitions.

16.25.030    Town arborist.

16.25.040    Tree removal.

16.25.050    Tree removal – Limitation.

16.25.060    Tree removal permit – Application process.

16.25.070    Tree removal permit – Fees.

16.25.080    Tree removal permit – Notification.

16.25.090    Tree removal permit – Issuance.

16.25.100    Tree removal permit – Expiration.

16.25.110    Emergency tree removal.

16.25.120    Mitigation.

16.25.130    Construction site tree protection.

16.25.140    Tree removal – Exception.

16.25.150    Appeals.

16.25.160    Penalty for unpermitted tree removal or intentional destruction.

16.25.010 Title, purpose, and interpretation.

(1) Title. This chapter shall be known as the tree code of the town of Beaux Arts Village, Washington.

(2) Purpose and Intent. The general purpose and intent of this chapter is to protect and preserve certain mature vegetation (“protected trees”) within the town, in order to promote the beauty and tranquility of the residential characteristics of the town through furtherance of the original concept as established in 1908 and in the existing comprehensive plan, and to provide for the orderly and limited removal of certain mature vegetation if conditions for a tree removal permit are met.

(3) Interpretation. In the interpretation and application of this chapter, its provisions shall be construed to be the minimum requirements. [Ord. 361 § 1, 2008]

16.25.020 Definitions.

“Diameter” means circumference of all but fruit trees, measured in feet at a height of four and one-half feet above the surrounding ground surface, divided by 3.14. Circumference of fruit trees, measured in feet at a height of two and one-half feet above the surrounding ground surface, divided by 3.14.

“Hazardous tree” means any protected tree with structural defects, disease, or both, which makes it a significant damage or injury risk factor, when the hazardous condition cannot be lessened by reasonable and proper arboricultural practice, as determined by a qualified professional and reviewed by the town arborist.

“Landmark tree” means any living coniferous tree, evergreen tree, madrone tree, oak tree, or big leaf maple having a minimum diameter of three feet, measured at a height of four and one-half feet above the surrounding ground surface.

“Mature tree” means any evergreen or deciduous tree (excluding holly and/or laurel) having a diameter greater than six inches or any evergreen or deciduous tree with multiple trunks each greater than two inches in diameter (excluding holly and/or laurel) having a combined diameter greater than six inches.

“Protected tree” means any landmark or significant tree on private property, with the exception of holly and laurel; and any tree planted as mitigation.

“Protected tree species” means any coniferous tree, evergreen tree, madrone tree, oak tree, or big leaf maple. Holly and laurel are not protected tree species.

“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 (ISA) or a registered consulting arborist from the American Society of Consulting Arborists (ASCA). A qualified professional must possess the ability to perform tree risk assessments and prescribe appropriate measures necessary for the preservation of the tree during development.

“Root protection zone” means the zone established around the base of a tree to protect its root system from damage during earth disturbance or construction activities.

“Significant tree” means any living coniferous tree, evergreen tree, madrone tree, oak tree, or big leaf maple having a diameter greater than one and less than three feet; or any tree planted as mitigation.

“Tree unit” means the diameter of any mature tree divided by one foot (or 12 inches), i.e., one tree unit equals one foot (or 12 inches) of tree diameter. For example, a mature tree with a diameter of nine inches would contain 0.75 tree units, while one with a diameter of 2.5 feet would contain 2.5 tree units. If less than 100 percent of the tree’s diameter is on the applicant’s property, that portion of the diameter on the applicant’s property may be used in the applicant’s calculation of tree units for his/her lot.

“Tree units per lot” means the combined total of all measured tree units for a given property. [Ord. 361 § 2, 2008]

16.25.030 Town arborist.

The office of town arborist is hereby established for the purpose of assisting the town, when called upon to do so, in supervising and administering the provisions of this code. [Ord. 361 § 3, 2008]

16.25.040 Tree removal.

(1) A tree removal permit shall be required for the removal of any protected tree.

(2) A landmark tree or significant tree, as defined in this code, may only be removed if:

(a) The tree is determined to be hazardous; or

(b) The tree is within the footprint of a proposed building for which a building permit has been issued; or

(c) The tree would become hazardous by the construction of the permitted building; or

(d) The removal complies with the 20 percent limitation of BAVMC 16.25.050. [Ord. 361 § 4, 2008]

16.25.050 Tree removal – Limitation.

(1) All property owners shall be allowed to remove any protected tree located within the building footprint of a proposed building associated with a building permit, including those tree(s) outside of the footprint which would become hazardous by the construction of the permitted building.

(2) All property owners shall be allowed to remove up to 20 percent of the protected tree units on their lot within any 12-month period. Hazardous trees are exempt from the 20 percent limitation. At a minimum, one protected tree may be removed per each 12-month period.

(3) All property owners seeking to remove one or more trees shall retain a minimum of one tree unit per 1,000 square feet of lot area or shall plant mitigation trees to meet a minimum of one tree unit per 1,000 square feet of lot area. [Ord. 361 § 5, 2008]

16.25.060 Tree removal permit – Application process.

(1) Application. Any property owner wishing to remove a protected tree must first submit an application for a tree removal permit to the town clerk. The application shall include:

(a) The name, address, and telephone number of the property owner and his/her agent, if applicable;

(b) A plot plan showing the approximate location, size, and species of all protected trees, including those proposed for removal. For applications based on new construction, the plot plan must show all improvements and their impact on the identified protected trees.

(c) A tree protection plan that conforms to BAVMC 16.25.130, if required;

(d) If the tree is hazardous, or could become hazardous as a result of new construction for which a permit will be issued, a report from a qualified professional, as described in subsection (4) of this section, is required for review by the town arborist; and

(e) A mitigation plan, if required under BAVMC 16.25.120, indicating the location and species for all trees to be planted.

(2) Identification On Site. Concurrent with submitting the application, the property owner shall identify each and every tree proposed for removal by tying a yellow tape around the circumference of each and every tree proposed for removal at an approximate height of four and one-half feet above the ground.

(3) Review by Town Arborist. Except in cases involving an emergency tree removal, the town clerk shall forward the application, including all documents listed in subsection (1) of this section, to the town arborist for a prompt review and a site visit, if needed. The town arborist must complete the review within 30 days of the application date. Failure to complete within this time period shall be deemed approval.

(4) The town arborist shall review the application for accuracy and completeness and shall prepare a report, which shall include the following items, as appropriate:

(a) The plot plan;

(b) The mitigation plan;

(c) The qualified professional’s hazardous tree assessment;

(d) The tree protection plan;

(e) Assessment of the condition of the tree planned for removal;

(f) Suggested alternatives to tree removal.

(5) Application Complete. The tree removal permit application will be considered complete when the town clerk receives the town arborist’s report and approval and the permit fee from the applicant. [Ord. 361 § 6, 2008]

16.25.070 Tree removal permit – Fees.

A permit fee shall be assessed for every tree removal permit application submitted to the town clerk. Permit fees shall be set by resolution of the council and shall be paid at the time the permit is submitted. In addition, applicants will be billed by the town for the time spent by town consultants in review and administration of any tree removal permit. [Ord. 361 § 7, 2008]

16.25.080 Tree removal permit – Notification.

(1) A Notice for the removal of a protected tree shall be posted no more than five business days after the town clerk receives a complete application. The notice shall be posted on all mailbox stands within the town, identifying the site and the tree(s) to be removed.

(2) Concurrent with this posting, a notice for removal shall be mailed to all adjacent property owners.

(3) Commencing with the posting of the notices, a 14-day notification period shall be required for all tree removal permit applications that are associated with the 20 percent allowance of BAVMC 16.25.050.

(4) In cases involving the removal of a hazardous tree, this notification requirement shall be waived. [Ord. 361 § 8, 2008]

16.25.090 Tree removal permit – Issuance.

(1) A tree removal permit for a hazardous tree shall be issued upon receipt of a complete application by the town clerk.

(2) A tree removal permit for any removal associated with the construction of a building shall be issued only upon receipt of a complete application and in conjunction with the issuance of a building permit.

(3) A tree removal permit for the removal of one or more significant tree(s) that meets the 20 percent limitation of BAVMC 16.25.050 shall be issued by the town clerk only at the conclusion of the notification period. [Ord. 361 § 9, 2008]

16.25.100 Tree removal permit – Expiration.

Any tree removal permit shall expire six months from the date of issuance. [Ord. 361 § 10, 2008]

16.25.110 Emergency tree removal.

A protected tree may be removed without a tree removal permit in an emergency situation involving immediate danger to life or property so long as the following requirements are met:

(1) The town is notified within five business days of the tree having been removed.

(2) The town is provided within five days all information from a qualified professional or utility it may reasonably request in order to verify the emergency. [Ord. 361 § 11, 2008]

16.25.120 Mitigation.

(1) Whenever a protected tree will be legally removed pursuant to a valid tree removal permit, the applicant shall demonstrate that, after the removal of the tree(s), the lot will meet the requirements of BAVMC 16.25.050(3). Should the lot fail to meet this requirement, the applicant must provide a tree mitigation plan that satisfies the requirements of BAVMC 16.25.050(3).

(2) Mitigation trees shall be a minimum of eight feet tall, have a full, well-developed crown of foliage, and count as a minimum of one tree unit.

(3) Mitigation requirements must be met within six months of the tree removal. In the case of concurrent new construction, mitigation requirements must be met before final inspection. Trees planted as mitigation must be maintained with adequate water and care to survive a three-year warranty period or be replaced.

(4) Trees planted as mitigation are protected trees and may only be removed as qualified in BAVMC 16.25.050(3).

(5) Trees planted as mitigation shall be one of the protected tree species, or other native tree, as agreed upon by the town. [Amended during 2011 codification; Ord. 361 § 12, 2008]

16.25.130 Construction site tree protection.

(1) All protected trees on a construction site, on the adjacent and otherwise affected town rights-of-way, and on adjacent properties impacted by site development or construction must be protected during such activity. The property owner shall submit a report prepared by a qualified professional that evaluates the protected trees on site, on the adjacent and otherwise affected town rights-of-way, and adjacent properties and establishes tree protection requirements. Tree protection requirements shall be shown clearly on the permit documents. The town arborist shall review the report prepared by the qualified professional to verify that appropriate protection for such trees is provided.

(2) The requirement for a report may be waived by the town when requested by the project owner and approved by the town arborist when it is determined that the scope of the proposed construction project will not likely impact protected trees. Any necessary tree protection requirements deemed appropriate by the town arborist must be included on the permit documents prior to permit approval.

(3) A stop work order will be issued by the building official if site tree protection guidelines are not followed. [Ord. 404 § 1, 2013; Ord. 361 § 13, 2008]

16.25.140 Tree removal – Exception.

Exceptions to BAVMC 16.25.040 and 16.25.050 may be permitted upon application to the hearing examiner. No exception shall be approved or approved with modifications unless the examiner finds that at least three of the following criteria have been met:

(1) The exception is necessary because:

(a) There are special circumstances related to the size, shape, topography, location or surroundings of the subject property.

(b) Strict compliance may jeopardize reasonable use of the property.

(c) Proposed vegetation removal, replacement, and any mitigating measures proposed are consistent with the purpose and intent of the regulations.

(d) The granting of the exception will not be injurious to other property in the vicinity.

(2) If the examiner grants an exception, tree replacement shall be consistent with BAVMC 16.25.120. [Ord. 384 § 1, 2011; Ord. 361 § 14, 2008]

16.25.150 Appeals.

Any tree permit applicant aggrieved by any action of the town relating to a tree removal permit or tree removal exception may, within 10 days of such action, file a notice of appeal to the town council, setting forth the reasons for such appeal. The town council shall hear and determine the matter and may affirm, modify or disaffirm the administrative decision or decision of the board at the council’s next regularly scheduled meeting. [Ord. 361 § 15, 2008]

16.25.160 Penalty for unpermitted tree removal or intentional destruction.

A violation of any of the provisions of this code shall be a civil infraction and any person, corporation or other entity found guilty thereof shall be punished by a fine as follows:

(1) Any person removing or intentionally destroying a significant tree that would have otherwise been approved for removal had the proper procedures been followed shall be fined $1,000 per tree.

(2) Any person removing or intentionally destroying a significant tree that would have otherwise been prohibited from removal shall be fined $10,000 per tree.

(3) Any person removing or intentionally destroying a landmark tree without a permit shall be fined $25,000 per tree.

(4) Any person removing or intentionally destroying a mitigation tree without a permit shall be required to submit a mitigation plan per BAVMC 16.25.120.

(5) Fines levied under this code shall be deposited into a tree mitigation account and shall be used by the town for acquiring, maintaining, and preserving wooded areas, and for the planting and maintaining of trees within the town. [Ord. 361 § 16, 2008]