Chapter 16.12
ADMINISTRATIVE PROVISIONS – CLEARING AND LANDSCAPING

Sections:

16.12.010    Definitions.

16.12.020    Purpose.

16.12.030    Relationship to critical areas code.

16.12.040    Maintenance.

16.12.050    Performance bond.

16.12.060    Liability of the city.

16.12.070    Enforcement.

16.12.010 Definitions.

All words in Chapters 16.12 through 16.14 BLMC shall have their customary dictionary definitions except as follows:

“Arborist” means a professional with academic and field expertise in urban forestry. This may include arborists certified by the International Society of Arboriculture or members of the Society of American Foresters, American Society of Consulting Foresters or American Society of Consulting Arborists.

“City” means the city of Bonney Lake, Washington.

“Caliper” means trunk diameter measured six inches above the root ball.

“Clearing” means the destruction or removal of vegetation from a site by physical, mechanical, chemical or other means.

“Diameter” means trunk diameter measured 54 inches above grade.

“Drip line” means the circle that can be drawn on the ground below a tree, directly under its outermost branch tips.

“Exempt tree” means a tree exempted under BLMC 16.13.020.

“Grading” means any excavation, filling or combination thereof.

“Groundcover” means vegetation other than nonexempt trees.

“Landscaping” means trees and groundcover installed or retained to satisfy this chapter.

“Nonexempt tree” means a tree not exempted under BLMC 16.13.020.

“Nonsubdividable lot” means a residentially zoned parcel which cannot be further subdivided given its size, layout, environmental constraints, and similar factors.

“Removal” means causing a tree to die by cutting down, digging up, topping, girdling, excessive pruning, root destruction, denial of water, poisoning, or other means.

“Shrub” means a plant listed as a shrub in the American Standard for Nursery Stock, Sunset Western Garden Book, or similar authority.

“Street tree” means a tree located within the right-of-way of a public or private street.

“Tree” means any self-supporting perennial woody plant which when mature is at least six feet tall.

“Vision clearance triangle” means a triangle at a corner lot as defined in BLMC 18.04.120, which triangle is formed on two sides by the right-of-way edges and on the third side by a line drawn between points on the respective right-of-way edges which points are 30 feet from their intersection. (Ord. 1171 § 1, 2005).

16.12.020 Purpose.

The purpose of Chapters 16.12 through 16.14 BLMC is to implement Bonney Lake 2035 and protect the environment, aesthetics, and privacy by:

A. Ensuring that the community continues to benefit from a substantial canopy of trees by retaining some older trees and by encouraging sufficient tree planting to keep pace with urban growth and tree removal;

B. Preventing unnecessary denuding of development sites;

C. Buffering large parking areas and buildings;

D. Attenuating visual and noise impacts where adjacent to sensitive land uses;

E. Providing visual screens and barriers as a transition between differing land uses;

F. Avoiding wasteful irrigation;

G. Encouraging plant species diversity and prevalence of native plants;

H. Reducing stormwater and erosion impacts on steep slopes;

I. Avoiding excessive interference with the tree management decisions of individual homeowners; and

J. Ensuring that the permit process is as convenient as possible. (Ord. 1524 § 4, 2015; Ord. 1171 § 1, 2005).

16.12.030 Relationship to critical areas code.

Chapter 16.20 BLMC, not Chapters 16.12 through 16.14 BLMC, shall control clearing and tree preservation in critical areas and critical area buffers. (Ord. 1171 § 1, 2005).

16.12.040 Maintenance.

The proponent shall maintain required landscaping and replacement trees for at least one year after installation, including irrigation, weed control, and adjustment of staking. The city shall inspect sites as necessary to enforce this requirement. New subdivisions with homeowner associations owning trees or landscaping shall provide for the long-term maintenance of same in their covenants. (Ord. 1171 § 1, 2005).

16.12.050 Performance bond.

For commercial, multifamily, and subdivision developments, the director(s) may require posting of a performance bond in order to:

A. Allow temporary occupancy prior to completion of landscaping, in which case the bond shall be in the amount of 150 percent of the estimated landscaping cost; or

B. Allow occupancy before new plantings have demonstrated survival, in which case the bond shall be in the amount of 150 percent of the estimated plant replacement cost, to be released if, after one year, landscaping materials are vigorous and in good condition. (Ord. 1171 § 1, 2005).

16.12.060 Liability of the city.

Nothing in Chapters 16.12 through 16.14 BLMC shall impose any liability upon the city or relieve any owner or occupant of private property from the responsibility to keep the trees upon said property safe and healthy. (Ord. 1171 § 1, 2005).

16.12.070 Enforcement.

In addition to the enforcement options of Chapter 14.130 BLMC, the director(s) may require restoration of required trees or landscaping materials illegally damaged or allowed to perish. The director(s) may require that an arborist prepare the restoration plan at the violator’s expense. See BLMC 16.13.120 for tree replacement guidelines. See BLMC 16.13.120(D) for off-site tree replacement. (Ord. 1171 § 1, 2005).