Chapter 17.50
NATIVE VEGETATION AND LANDSCAPING

Sections:

17.50.010    Purpose.

17.50.020    Jurisdiction.

17.50.030    Authority.

17.50.040    Adoption and incorporation by reference.

17.50.050    Plant preservation and protection guidelines.

17.50.060    Definitions.

17.50.070    Planting periods.

17.50.080    Applicability.

17.50.090    Landscape plan required.

17.50.100    Repealed.

17.50.110    Exemptions.

17.50.120    Variances.

17.50.130    Invasive plants – Nuisance.

17.50.140    Limits on weed control covenants, conditions, and restrictions.

17.50.150    Protection of rare, threatened, and endangered plants.

17.50.160    Soil disturbance and amendments.

17.50.170    Mulches and ground cover.

17.50.180    Location of vision-obscuring fences and landscaping.

17.50.190    Repealed.

17.50.200    Landscaping area credit.

17.50.210    Unavailability of appropriate native plants.

17.50.220    Native vegetation fund.

17.50.230    Landscape plan required.

17.50.240    Landscape plan – Minimum appropriate native vegetation required.

17.50.250    Landscape plan – Minimum landscaping area required.

17.50.260    Landscaping plan – Review criteria.

17.50.270    Repealed.

17.50.280    Repealed.

17.50.290    Repealed.

17.50.300    Repealed.

17.50.310    Vegetation installation.

17.50.320    Vegetation protection.

17.50.330    Assurances.

17.50.340    Appeal of administrative decision.

17.50.350    Inspection.

17.50.360    Inspection – Procedures.

17.50.370    Maintenance.

17.50.380    Enforcement.

17.50.390    Stop work orders.

17.50.010 Purpose.

The purpose of this chapter is to:

A. Promote the protection, preservation, and use of appropriate native vegetation.

B. Require landscaped areas to be designed, installed, and maintained in conformance with city standards and procedures.

C. Establish minimum standards for the design, installation and maintenance of landscaped areas.

D. Implement and further the goals and policies of the Brier comprehensive plan.

E. Implement the policies of the Washington State Environmental Policy Act.

F. Promote site planning and landscaping practices that are consistent with natural topographical, vegetation and hydrological conditions, utilizing low impact development (LID) to the maximum practical extent.

G. Reduce the long-term negative impacts of stormwater runoff and enhance water quality through implementation of stormwater best management practices (BMPs).

H. Establish minimum development regulations and construction procedures that will preserve, replace or enhance, to the maximum extent practicable, the natural qualities of lands, wetlands and water bodies.

I. Provide a means of regulating vegetation of private and public land while minimizing water quality impacts in order to protect public health and safety.

J. Provide guidance to all who own, design, install, and maintain vegetated areas.

K. Promote microhabitats in urban areas for the conservation of wildlife by establishing new wildlife habitat and maintaining existing wildlife habitat.

L. Create larger, more connected plant populations to increase their ability to migrate in response to changes in climate.

M. Conserve valuable water resources by promoting water efficient landscaping through the use of appropriate native plants which, once established, typically require less water than nonnative species.

N. Reduce the use of chemical fertilizers and pesticides in landscaping.

O. Reduce the negative impacts of landscape maintenance on air quality.

P. Reduce the negative impacts from the use of inappropriate or invasive vegetation.

Q. Reduce the financial costs of landscape maintenance.

R. Decrease potential landslide, flood and erosion damage to public and private property.

S. Avoid or abate public nuisances. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.020 Jurisdiction.

The city shall have jurisdiction over all vegetation and landscaped areas within the city’s boundaries. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.030 Authority.

The director has authority to administer and enforce this chapter, to adopt rules and regulations to carry out this chapter, and to approve, conditionally approve, or deny applications for the activities regulated by this chapter. It is unlawful to violate or fail to comply with any provision of this chapter or any rule or regulation adopted by the director.

No modifications regulated under this chapter shall be made to vegetated or landscaped areas without the prior written approval of the city. The city shall not permit or approve any activities or work prior to the director’s determination that the requirements of this chapter have been met. Activities or work regulated by this chapter may be conducted only after the applicant has demonstrated compliance with this chapter, obtained the director’s approval, and obtained other permits or approvals as may be required. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.040 Adoption and incorporation by reference.

The city hereby adopts and incorporates the following into this chapter as if set forth in full, to the extent necessary to interpret and implement this chapter:

A. Technical manuals, as existing or as amended:

1. Washington Native Plant Society’s Native Plants for Western Washington Gardens and Restoration Projects (WNPS guide).

2. King County Native Plant Guide (KCNP guide).

3. Washington State Department of Fish and Wildlife’s Priority Habitats and Species List (DFW PHSL).

4. Washington State Department of Natural Resources Washington Natural Heritage Program’s List of Rare Plants in Snohomish County.

5. United States Fish and Wildlife Endangered and Threatened Species List for Washington State.

6. Council of Tree and Land Appraisers’ Guide for Plant Appraisal.

7. Washington State Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW).

8. Puget Sound Partnership and Washington State University Extension Program’s Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual).

9. Snohomish County Noxious Weeds List.

B. State regulations and policies, as existing or as amended:

1. Chapter 90.48 RCW, Water Pollution Control.

2. Chapter 16-750 WAC, State Noxious Weed List and Schedule of Monetary Penalties.

3. Chapter 173-200 WAC, Water Quality Standards for Ground Waters of the State of Washington.

4. Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.

5. Chapter 246-290 WAC, Public Water Supplies. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.050 Plant preservation and protection guidelines.

The director may adopt preservation and protection guidelines to further the purposes of this chapter. The guidelines may include:

A. The species of plants recommended and preferred to be planted, preserved, replaced or replanted in the public right-of-way and on city-owned property;

B. Any other plant preservation, protection, and planting standards and procedures that the director deems necessary. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.060 Definitions.

The following definitions shall apply to this chapter except where specified otherwise in this chapter:

A. “A” definitions.

“Applicant” means the property owner or an individual authorized in writing by a property owner to represent and act for the property owner regarding matters relating to this chapter.

“Appropriate native vegetation” means vegetation found in the natural community that is suited to the soil, topography and hydrology of the site in question. Attributes that should be considered in determining whether a plant is appropriate include:

1. Cold hardiness;

2. Heat tolerance;

3. Soil moisture range;

4. Plant water use requirements;

5. Soil volume requirements;

6. Soil pH requirements;

7. Sun/shade requirements;

8. Pest susceptibility;

9. Maintenance requirements; and

10. Size at maturity.

“Arborist” means a tree professional certified by the American Society of Consulting Arborists and/or the International Society of Arboriculture (ISA).

B. “B” definitions.

“Best management practices (BMPs)” means practices based on research, field-testing, and expert review determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies, and protecting natural resources. BMPs include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

“BMC” means the Brier Municipal Code.

“Buffer” means a natural undisturbed portion of a lot, except for approved access, which is set aside to achieve a separation between the use on the lot and adjacent lots and/or uses. A buffer is achieved with keeping and/or planting appropriate native vegetation in a land area used to separate one use from another through screening and distance, to shield or block noise, light, glare, visual or other conditions, to block physical passage to a nonsimilar area, or to reduce air pollution, stormwater runoff, dust, dirt, and litter.

C. “C” definitions.

“Caliper” means a measurement of the size of a tree or shrub equal to the diameter of the trunk six inches from the root ball.

“City” means the city of Brier, Snohomish County, Washington.

“Clear cutting” means the indiscriminate and broad removal of trees, shrubs, and/or undergrowth with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of nonnative trees and shrub species when the soil is left relatively undisturbed, removal of dead trees, or normal mowing operations.

“Clearing” means the selective removal of vegetation from a property, whether by cutting or other means, as regulated under Chapter 19.24 BMC.

“Community recreational area” means public use areas, including school and athletic fields, composed of predominantly turf grass intended for use for recreational purposes.

“Critical area” means those areas designated as critical and regulated under BMC Title 18, including but not limited to wetlands, streams, geologically hazardous areas and critical aquifer recharge areas and their buffers.

“Cultivar” means a variation of a species that has been produced through breeding or deliberate selection.

D. “D” definitions.

“Damage” means any human act, whether done directly or indirectly by the human through operation or use of tools, machinery or mechanical equipment, which causes a tree, shrub or ground cover to die within two years after completion of the act, including, but not limited to, damage inflicted upon the root system or trunk as a result of:

1. Improper use of machinery on the plant;

2. Storage of materials in or around the plant;

3. Soil compaction;

4. Altering the natural grade to expose the roots or to cover the root system with four or more inches of soil;

5. Pruning judged by a landscape professional or arborist to be excessive;

6. Paving with concrete, asphalt, or other impervious surface within such proximity to be harmful to the plant or its root system; or

7. Application of herbicides or defoliates.

“Development” means construction, reconstruction, conversion, structural alteration, relocation or enlargement of a structure; division of a parcel of land into two or more parcels; mining, excavation, landfill, paving or land disturbance; or use, conversion, or extension of the use of land.

“Development area” means that portion of a property, properties or right-of-way proposed for alteration, which includes but is not limited to clearing, grading, filling, changing of soil cover (both vegetative and nonvegetative) or existing soil topography, or installing new or replaced impervious surfaces.

“DFW PHSL” means the Washington State Department of Fish and Wildlife’s Priority Habitats and Species List, current edition.

“Diameter at breast height” or “DBH” means the diameter of the tree at four and one-half feet (or fifty-four inches) above grade.

“Director” means the city’s mayor or designee.

“Drip line” means the ground area beneath a tree that is delineated by a line projected to the ground from the outermost extent of the foliage in all directions. The area inside the drip line shall count towards required landscaping areas.

E. “E” definitions. Reserved.

F. “F” definitions. Reserved.

G. “G” definitions.

“Grade” means the average elevation around the base of a tree or the elevation of the ground adjacent to a fence on the higher side.

“Ground cover” means a dense covering of small plants which normally cover the ground.

“Ground water” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.

“Grubbing” means the act of removing vegetation by the roots.

H. “H” definitions. Reserved.

I. “I” definitions.

“Impervious area” means the hard surface area that prevents or impedes the entry of water into the soil, thus causing water to run off the surface in greater quantities or at an increased rate of flow.

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle under natural conditions prior to development, or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, and packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.

“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

“Irrigated area” means an outdoor area that requires a permanent irrigation system.

“Irrigation” means a constructed watering system designed to transport and distribute water to plants.

J. “J” definitions. Reserved.

K. “K” definitions.

“KCNP guide” means the King County Native Plant Guide, current edition.

L. “L” definitions.

“Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Routine landscape maintenance practices are not considered land disturbing activity.

“Landscape area” means the entire parcel less impervious surface area, turf grass area, and those portions exempted by this chapter. Landscape area includes street frontage landscaping, parking lot landscaping, buffer landscaping, and critical areas as defined by BMC Title 18.

“Landscape plan” means a drawing and associated data showing the proposed trees, plants, and other proposed landscape materials.

“Landscape professional” means an individual who possesses a degree from an accredited institute of higher learning in one of the following fields or who has completed apprenticeship requirements or obtained professional certification in one of the following fields: landscape architecture, horticulture, floriculture, arboriculture, botany, wetland science, urban forestry or a similar field.

“Landscaping” means any combination of living plants and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

“LID (low impact development)” means a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

“LID Manual” means the current edition of Puget Sound Partnership and Washington State University Extension Program’s Low Impact Development Technical Guidance Manual for Puget Sound.

“Low water use plants” are plants that do not need supplemental water beyond natural rainfall.

M. “M” definitions.

“Mechanical equipment, heavy” means all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twelve horsepower in size.

“Mechanical equipment, light” means all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance twelve horsepower or less in size.

“Microirrigation” means the application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes. Microirrigation encompasses a number of methods including drip, subsurface, bubbler, and spray irrigation. Microirrigation is also referred to as trickle, low volume or low flow irrigation.

“Mulch” means nonliving, organic materials used in landscaped areas to retard erosion and retain moisture.

N. “N” definitions.

“Native growth area” means a restrictive area where all native, predevelopment plants shall not be disturbed or removed except for removal pursuant to this chapter and BMC Title 18. The purpose of this area is to protect steep slopes, slopes with erosion potential, landslide and seismic hazards, creeks, wetlands, riparian corridors, wildlife, and other environmentally sensitive areas. Any native growth area shall be defined during the development review process and shown as a “native growth protection area” in a recorded subdivision or short subdivision, or approved site plan.

“Native vegetation fund” means the fund established by this chapter for the purpose of planting and maintaining native plants and trees.

“Natural area” means an area on site that contains natural vegetation and that will be undisturbed during and after development.

“Natural community” means a distinct and recurring assemblage of populations of plants, animals, fungi and microorganisms naturally associated with each other and their physical environment, as described by the DFW PHSL.

“Non-vision-obscuring fences and landscaping” means solid or partially open fences and vegetation not exceeding three feet in height, and open fences not exceeding six feet in height. Maximum height shall be measured from grade; however, within sight distance triangles maximum height of solid or partially open fences and vegetation not exceeding three feet shall be measured from the elevation of the street adjacent to such sight distance triangle.

O. “O” definitions.

“Open fences” means those fences consisting of materials which provide adequate driver and pedestrian visibility through the fence.

P. “P” definitions.

“Parking lot landscape area” means that portion of the landscape area adjacent to and incorporated into a parking lot. Parking lot landscaping does not include buffer landscaping or street frontage landscaping.

“Pasture” means land covered with grass, low plants, or soils suitable for grazing animals, especially horses.

“Permeable” means soil or other material that allows the infiltration or passage of water or other liquids.

Plant:

“Plant bed” means a grouping of trees, shrubs, ground covers, vines, perennials or annuals growing together in a defined area devoid of turf grass, normally using mulch around the plants.

“Plant, endangered” means any plant which is in danger of extinction throughout all or a significant part of its range.

“Plant, indigenous” means those species of plants naturally occurring within a specific habitat or biogeographical region prior to significant human impacts.

“Plant, invasive” means a plant identified as a noxious weed in Chapter 16-750 WAC, and which is described as a plant reproducing outside its native range and outside cultivation that disrupts naturally occurring native plant communities by altering structure, composition, natural processes or habitat quality.

“Plant, native” means those species of plants occurring within the city prior to European contact, according to best scientific and historical documentation. It includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape. Native plants are those recognized by the WNPS guide or the KCNP guide. Native plants include, but are not limited to, ground covers, shrubs, and trees.

“Plant, rare” means a scarce plant species that may or may not have been designated with a legally protected status such as “threatened” or “endangered.” Some rare plants naturally occur less frequently than other plants, which makes the rare plants more susceptible to decline or extinction.

“Plant, threatened” means any plant species that is likely to become an endangered plant within the foreseeable future throughout all or a significant portion of its range.

Project Site. See “development area.”

Q. “Q” definitions. Reserved.

R. “R” definitions.

“Redevelopment” means the creation or addition of impervious surfaces; the expansion of a building footprint or addition of a structure; and land disturbing activities on a site that is already developed.

“Remove” means to transport a plant from the location on which it has been growing. See also “damage.”

“Routine landscape maintenance” means pruning, weeding, planting annuals, mowing turf grass, replacement of existing turf grass, and managing of ground cover, which is undertaken by an individual in connection with the normal maintenance and repair of property. This definition does not include felling or topping of trees or removal of invasive plants resulting from lack of regular maintenance or maintenance using heavy mechanical equipment.

S. “S” definitions.

“SEPA” means the Washington State Environmental Policy Act, as adopted in BMC Title 19.

“Sight distance triangle, driveway” means a triangular area adjacent on one side to a street, and on a second side to a property having frontage on and requiring access from that street. Such triangle shall be two sides of fifteen feet measured along the front property line and the driveway, and a third side connecting the end points on the two aforementioned sides.

“Sight distance triangle, intersection” means a triangular area at street intersections meeting the minimum recommended stopping sight distance for the design speed of the road as recommended by the American Association of State Highway and Transportation Officials (AASHTO).

“Site” means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the development area and the right-of-way boundaries define the site.

“Site appropriate plant” means a plant that, after establishment, will thrive within the environmental conditions that are normal for a specific location without artificial supplements such as irrigation.

“Soil texture” means the classification of soil based on the percentage of sand, silt, and clay in the soil.

“Stop work order” means a written notice, signed by the director, that is posted on the site of a construction activity, which order states that a violation of a city ordinance or this code has occurred and that all activity and work-related activity, except for erosion and sedimentation control activities authorized by the director, must cease until further notice.

“Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.

“SWMMWW” means the current version of the Washington State Department of Ecology’s Stormwater Management Manual for Western Washington.

T. “T” definitions.

“Tree” means a self-supporting woody plant having a single trunk or a multi-trunk of lower branches, growing to a mature height of twelve feet or higher; see BMC 17.52.060(T) for additional requirements and definitions.

“Tree removal permit” means a permit, as defined in Chapter 17.52 BMC, that must be obtained prior to removal of trees.

“Turf grass” means continuous plant coverage consistent of a grass species that is mowed to maintain an established height.

U. “U” definitions. Reserved.

V. “V” definitions.

“Vegetation” means a collection of plants, composed of ground cover, shrubs, and trees – also see the definitions for plants and trees.

“Vision-obscuring fences and landscaping” shall mean solid or partially open fences and vegetation more than three feet in height, but not exceeding six feet in height or eight feet in height with an attached adornment (i.e., arbor, trellis, or other decorative features attached on the top of a fence) in residential-zoned areas and not exceeding eight feet in height in commercial-zoned areas. Maximum height shall be measured from grade.

W. “W” definitions.

“WNPS guide” means the Washington Native Plant Society’s Native Plants for Western Washington Gardens and Restoration Projects, current edition.

X. “X” definitions. Reserved.

Y. “Y” definitions. Reserved.

Z. “Z” definitions. Reserved. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.070 Planting periods.

Planting should occur between September 15th and November 30th. Planting shall be avoided between December 1st and March 1st to the maximum extent practicable in order to limit site erosion and impacts to surface and ground water quality. Upon recommendation of a landscape professional, the director may allow a different planting period for specific plants within an approved landscape plan or tree removal permit. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.080 Applicability.

The provisions of this chapter shall be a minimum standard and shall apply to all vegetated areas and landscaping activities not exempt from this chapter. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.090 Landscape plan required.

No individual, firm, or corporation shall install, disturb, or remove landscaping without first obtaining a permit issued by the city. All applicants shall file a written application pursuant to this chapter. A landscape plan is required for the following actions:

A. Actions that require the approval or issuance of a land use or development permit and that are not exempt from this chapter.

B. Projects involving two thousand square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface.

C. Projects involving three thousand five hundred square feet or more of land-disturbing activity that will add or replace landscape or native vegetation area.

D. Projects which contain, are located within one hundred feet of or directly discharge to a critical area with its associated buffer, or a receiving water with a documented water quality, drainage or flooding problem as determined by the director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of an application, or based on information provided or developed during review of a particular application.

E. Modification of fifty percent or more of a landscape or native growth area in existence prior to the adoption of this ordinance in any one consecutive twelve-month period. The provisions of this chapter shall only apply to the portion of the landscape or native growth area being modified. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.100 Tree removal and replacement permit required.

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.110 Exemptions.

The following activities and uses are exempt from this chapter:

A. Projects involving less than two thousand square feet of new, replaced, or new plus replaced impervious surface or less than three thousand five hundred square feet of land-disturbing activity that are categorically exempt from SEPA.

B. Community recreational areas.

C. Noninvasive food plants.

D. Pastures.

E. Those portions of cemeteries designated for interment.

F. Turf grass in stormwater management areas or public right-of-way.

G. Removal of vegetation, unless located in a critical area.

H. Routine landscape maintenance activities, including city maintenance within the public right-of-way and on city-owned property.

I. Removal of vegetation by the city, emergency responders, or public and/or private utilities in situations involving danger to life or property, substantial fire hazards, or interruption of utility services.

J. Removal of vegetation by the property owner in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of utility services.

K. Installation and maintenance of public utilities, after approval of the route by the director, unless located in a critical area or a publicly owned property.

The city shall encourage the protection and promotion of appropriate native vegetation in locations/projects that are exempt from permit requirements to the maximum extent practicable. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.120 Variances.

Any request for a variance from the provisions of this chapter shall be processed as a variance under BMC 17.36.050. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.130 Invasive plants – Nuisance.

Invasive plants constitute a public nuisance which shall be abated pursuant to the provisions of this chapter and through the authority given to the city under the laws and constitution of the state of Washington. It is further declared to be the duty of every property owner in the city to maintain the property in a lawful manner and exercise reasonable diligence to ensure that it remains free of invasive plants, and every successive owner of the property shall assume the duty relative to preexisting conditions for which the successive owner had notice, actual or constructive. All costs for the removal of invasive plants shall be borne by the property owner. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.140 Limits on weed control covenants, conditions, and restrictions.

No association, individual, group or entity shall make the planting, maintenance, or protection of appropriate native vegetation illegal or prohibited, or encourage the removal of appropriate native vegetation, except when deemed by the director to be necessary for public safety. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.150 Protection of rare, threatened, and endangered plants.

The landscape plan shall delineate, protect and preserve threatened and endangered plants, including species of special concern, to the maximum extent practicable. (Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.160 Soil disturbance and amendments.

Property owners shall limit disturbance of existing healthy soil to protect and maintain soil structure, existing hydrology, organic matter, and nutrients stored in soils. Use of soil additions similar to the existing soil in pH, texture, permeability and other characteristics is strongly encouraged. Shredded yard clippings and leaves from healthy plant material may be composted for use as soil amendments. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.170 Mulches and ground cover.

Mulches may be applied and shall be maintained at an appropriate depth in planting beds to assist soils in retaining moisture, reducing weed growth, and preventing erosion. Gravel, river rock, shell and similar material shall not be used as a major landscape groundcover or mulch. The use of certified clean mulch, which has been tested to be free of metals and other chemicals, is strongly encouraged for use in all landscape areas. Shredded yard clippings and leaves from healthy plant material may be used for mulch. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.180 Location of vision-obscuring fences and landscaping.

Vision-obscuring fences and landscaping may be located on any portion of a property, except:

A. Within the intersection sight distance triangle.

B. Within the driveway sight distance triangle.

C. Within a critical area. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.190 Fences and driveway entrances.

Repealed by Ord. 479. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.200 Landscaping area credit.

The following areas shall count towards the minimum landscaping requirement:

A. Critical areas delineated and protected per the requirements of BMC Title 18;

B. Stormwater facilities constructed per the requirements of Chapter 14.04 BMC; and

C. The area under the drip line of an appropriate tree once mature. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.210 Unavailability of appropriate native plants.

In the event that appropriate native plants are not available at the time of installation, the city may, upon written request, review and approve of an updated landscape plan, allow substitution of appropriate nonnative landscaping or extend the approval period for the permit. In granting an adjustment due to plant availability, appropriate safeguards may be prescribed to assure compliance with the provisions of the zoning code and this conditional use permit as approved shall not be violated, including but not limited to the requirement of reasonable performance or maintenance assurance devices. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.220 Native vegetation fund.

A separate account established by the city as the “tree replacement fund” for fees collected shall be renamed the “native vegetation fund.” Native landscaping fee receipts shall be earmarked specifically for this account. Funds withdrawn from this account shall be expended only for native growth or landscaping areas in city-owned parks, trails, open spaces or rights-of-way, or as part of programs established by the city to encourage planting and maintenance of native trees and plants. Funds may be used for:

A. Planting new native trees or plants;

B. Maintenance of new or existing trees or vegetation;

C. Removal of diseased, defective or dangerous trees;

D. Removal of invasive plants;

E. Enforcement of this chapter, including abatement; and

F. Educational activities pertaining to the requirements of this chapter. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.230 Landscape plan required.

A. All proposals which are not exempt under this chapter shall be reviewed by the director and shall comply with the standards, specifications and requirements contained in the BMC. The landscape plan shall only be required for the portion of the property related to the proposal. Applications shall be submitted with a complete application form and attachments as prescribed by the director and with all required fees. The director shall approve, approve with conditions, or deny the permit application.

B. All applications shall include:

1. A plan prepared by a landscape professional showing the following:

a. Date, scale, north arrow, and vicinity map;

b. Address, parcel number(s), and legal description of the subject property;

c. Name, address and phone number of the property owner and landscape professional;

d. Property dimensions and size;

e. Topographic information;

f. Description of existing soil type(s);

g. Location and dimensions of all existing structures, driveways, and utilities;

h. Location and recording number for all easements affecting the proposal;

i. Locations of all trees proposed for protection, including tree protection measures;

j. Locations of existing rare, threatened or endangered plants at the site;

k. Locations of all proposed vegetation, including species. The proposed vegetation shall be shown at the size at maturity;

l. A legend indicating sizes, quantities, and spacing of all plant material;

m. Summary table of site statistics, demonstrating compliance with the minimum landscape area requirements of this chapter;

n. Planting and maintenance schedule;

o. Location of all critical areas as defined by BMC Title 18; and

p. Location of dispersion trenches, stormwater management, and LID features.

2. Applications which propose to remove trees shall be accompanied by a major tree removal permit application as required under Chapter 17.52 BMC.

3. Applications associated with a land use or construction permit or which have rare, threatened, or endangered plants on site shall include an appraisal completed by an arborist or other individual certified in plant appraisal for all rare, threatened, or endangered plants to be protected. The appraisal shall use the replacement cost method described in the current edition of the Council for Tree and Landscape Appraiser’s Guide for Plant Appraisal. An equivalent method may be used upon approval of the director.

C. The city may request additional information as needed to allow adequate review of the proposal.

D. The director shall approve, approve with terms, conditions, or specifications, or deny the landscape plan application based on the criteria of BMC 17.50.330. Appropriate safeguards may be prescribed to assure compliance with the provisions of the zoning code and the landscape plan as approved, including but not limited to requirement of reasonable assurance devices.

E. Landscape plans shall expire one hundred eighty days from the date of issuance, or the expiration date of an associated land use or construction permit, whichever is later. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.240 Landscape plan – Minimum appropriate native vegetation required.

A. All landscaped areas for publicly owned properties and privately owned properties that are not a single-family use which requires a landscape plan shall have landscaping that is comprised of a minimum of ninety percent appropriate native vegetation. A minimum of seventy-five percent of the landscaped areas shall be made up of evergreen varieties. Landscaping in landscape areas shall consist of trees and live ground cover that, combined with shrubbery, provides at least seventy percent coverage of the landscaped area at maturity. Up to thirty percent of the required landscape area may use nonliving landscape material such as bark or decorative rocks.

B. All landscaped areas for privately owned single-family residential use properties which require a landscape plan shall have landscaping that is comprised of seventy-five percent appropriate native vegetation. A minimum of fifty percent of the landscaped areas shall be made up of evergreen varieties. Landscaping in landscape areas shall consist of trees and live ground cover that, combined with shrubbery, provides at least seventy percent coverage of the landscaped area at maturity. Up to thirty percent of the required landscape area may use nonliving landscape material such as bark or decorative rocks. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.250 Landscape plan – Minimum landscaping area required.

The minimum landscape standards, after exempted use areas are excluded, are as follows:

 

RS-12,500 Zone1

Neighborhood Business (BN) Zone

Public Use District (PI) Zone

Cemetery Use (UC) Zone

Maximum turf grass area1

40% *

10%

60% *

90%

Minimum landscape area

15%

15%

40%

10%

Minimum parking lot landscape area

15% **

10%

10%

10%

Minimum buffer landscape area

15 ft. along property lines abutting RS-12,500 zone **

15 ft. along property lines abutting RS-12,500 zone

10 ft. along property lines abutting RS-12,500 zone

15 ft. along property lines abutting RS-12,500 zone

Minimum street frontage landscape area

10 ft. **

10 ft.

10 ft.

10 ft.

*    Excludes community recreational areas.

**    Applies to conditional uses which are not secondary dwelling units and which have a parking lot.

1    The director may approve additional turf in areas with steep slopes or otherwise not suitable for planting.

(Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.260 Landscaping plan – Review criteria.

When reviewing a landscape plan, the director shall consider the following factors:

A. Whether the landscaping requirements of this code have been satisfied;

B. Whether adequate measures have been taken to protect existing appropriate native plants at the site;

C. Whether adequate measures have been taken to protect/retain existing rare, threatened or endangered plants at the site;

D. Whether native plants chosen for the site are appropriate based on the soil, topography, and hydrology of the site;

E. Whether the landscape plan will not create or contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction;

F. Whether the landscape plan will not create or contribute to flooding, erosion or increased turbidity, siltation or other forms of pollution in a watercourse; and

G. Whether the plants selected are diverse. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.270 Tree removal and replacement permit – Minor.

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.280 Tree removal and replacement permit – Major.

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.290 Tree removal and replacement permit – Review criteria.

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.300 Tree replacement requirements.

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.310 Vegetation installation.

The applicant for a landscape plan shall demonstrate that the vegetation installation will meet the minimum standards of this section.

A. Plants shall:

1. Be planted to reestablish or enhance protected vegetation where it previously existed;

2. Be planted within sensitive areas or buffers where recommended in an approved critical areas report or otherwise meeting the requirements of BMC Title 18, Critical Areas;

3. Be planted in locations appropriate to the species’ growth habit and horticultural requirements;

4. Be located to provide screening of the development from adjacent properties, where appropriate;

5. Be planted in areas that connect or are adjacent to sensitive areas or other open space, where appropriate;

6. Be integrated into the required landscape plans, if any, for a development; and

7. Be selected with consideration of the plants’ maturation and maintenance requirements.

B. Minimum sizes for plants shall be:

1. Shrubs – Two feet in height or a minimum five-gallon size.

2. All other plants will be specified by the landscape professional to ensure maximum likelihood of survival.

3. Healthy and visibly free of disease or pests.

C. All required vegetation shall meet the minimum density and ratio of native and evergreen species for the land use zone it is located in as per BMC 17.50.240 and 17.50.250.

D. Installation of required replacement plants shall comply with the approved plan.

E. All required vegetation and other required mitigation shall be completed prior to issuance of the certificate of occupancy, if applicable, unless the director determines that seasonal or weather conditions at the time of installation would jeopardize plant survival and the applicant has submitted an alternate planting schedule for approval. The director shall require a performance assurance in case the applicant fails to perform the tasks in the mutually agreed-upon time period specified. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.320 Vegetation protection.

A. To ensure long-term viability of vegetation, vegetation identified for protection, permit plans and construction activities shall comply with the following:

1. All construction activities, including staging and traffic areas, shall be prohibited within five feet of the vegetation and/or the drip line of protected trees. Except for the use of roads and constructed pathways, land clearing machinery shall be kept outside of the protection area.

2. Protective barriers shall be installed five feet beyond the protected area prior to any land disturbance.

3. Protective barriers shall be a minimum of four feet high, constructed of chain link, or polyethylene laminar safety fencing or similar material, subject to approval by the director. Signs clearly indicating the protected status shall be posted visibly on all sides of the fence. On large or multiple-project sites, the director may also require that signs requesting subcontractor cooperation and compliance with protection standards be posted at site entrances.

4. Where protection areas are remote from areas of land disturbance, and where approved by the director, alternative forms of tree protection may be used in lieu of protection barriers; provided, that protected areas are completely surrounded with continuous rope or flagging and are accompanied by appropriate signage clearly indicating the protected status.

B. In addition to the above minimum protection measures, the applicant shall employ the following preventative measures as appropriate, consistent with best management practices for maintaining the health of the tree(s) and/or vegetation:

1. Pruning of visible dead branches;

2. Use of soil amendments and soil aeration in the protected areas;

3. Mulching in the protected area; and

4. Ensuring proper water availability during and immediately after construction. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.330 Assurances.

A. The applicant shall submit a separate bond, letter of credit or other means of assurance acceptable to the director for each required assurance.

B. A protection assurance may be required to ensure the installation, maintenance and adequate performance of vegetation protection measures.

1. The assurance shall be provided prior to issuance of a permit.

2. The amount of the assurance shall equal to three hundred percent multiplied by:

a. The city’s estimated cost of replacing each plant. The estimated cost per plant shall be as set forth in Chapter 3.04 BMC. This method shall be used for proposals not associated with a land use or construction permit and which do not have rare, threatened, or endangered species on site; or

b. The estimated replacement cost for each protected plant. The appraisal shall be completed by an arborist or other individual certified in plant appraisal for all rare, threatened, or endangered plants to be protected. The appraisal shall use the replacement cost method described in the current edition of the Council for Tree and Landscape Appraiser’s Guide for Plant Appraisal. An equivalent method may be used upon approval of the director. This method may be used for proposals associated with a land use or construction permit, or which have rare, threatened, or endangered species on site.

3. The assurance period shall be two years from the date of successful completion of the final landscape inspection.

4. Upon reaching two years, the city shall re-inspect the vegetation prior to authorizing release of the assurance. Any protected vegetation damaged due to natural causes shall be exempt from replacement. Any protected vegetation found to be irreparably damaged, severely stressed, dying or removed shall be replaced. A penalty of three hundred percent of the replacement cost shall be withheld from the assurance release. Collection of proceeds shall be deposited into the native vegetation fund.

C. A performance assurance may be required to ensure the installation of required vegetation.

1. The assurance shall be provided prior to issuance of a permit.

2. The amount of the assurance shall equal to three hundred percent multiplied by:

a. The city’s estimated cost of replacing each plant. The estimated cost per plant shall be the fee-in-lieu amount for replacement plant as set forth in Chapter 3.04 BMC; and/or

b. A landscape professional’s estimated cost of plant material and labor.

3. The assurance period shall be until the date of successful completion of the final landscape inspection. The performance assessment shall not be fully released without final inspection and approval of completed work by the city, submittal of any post-construction evaluations or following any prescribed trial maintenance period required in the permit.

D. Maintenance assurance may be required to ensure the survival of installed trees and/or vegetation.

1. The assurance shall be provided prior to issuance of a permit, or prior to issuance of a certificate of occupancy when there is an associated building permit, whichever is later.

2. The amount of the assurance shall equal to one hundred fifty percent multiplied by:

a. The city’s estimated cost of replacing each tree. The estimated cost per tree shall be the fee-in-lieu amount for replacement trees; and/or

b. A landscape professional’s estimated cost of plant material, periodic fertilizing and pruning, and labor.

3. The assurance period shall be two years from the date of successful completion of the final landscape inspection.

4. Upon reaching two years, the city shall re-inspect the trees and/or vegetation prior to authorizing release of the assurance. Any tree and/or vegetation damaged due to natural causes shall be exempt from replacement. Any tree and/or vegetation found to be irreparably damaged, severely stressed, dying or removed shall be replaced according to the remediation standards of this chapter. A penalty of one hundred fifty percent of the city’s estimated cost of replacing each tree and/or one hundred fifty percent of the landscape professional’s estimate provided at application shall be withheld from the assurance release. Collection of proceeds shall be deposited into the native vegetation fund.

E. Assurances provided in accordance with this section may be redeemed in whole and in part by the city upon determination by the director that the applicant has failed to fully comply with approved plans and/or conditions. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.340 Appeal of administrative decision.

Any person aggrieved by the granting or denying of a permit pursuant to this chapter shall have the right to appeal to the city council as follows:

A. The appeal shall be in writing and filed with the city clerk within ten business days of the date of the decision;

B. The appeal shall describe the error of law or fact, and may identify new evidence which was not reasonably available at the time of the decision;

C. Upon receipt of a timely appeal, the city clerk shall forward the appeal to the city council, which may either consider the appeal itself or appoint a hearing examiner to consider the appeal. On appeal, the director’s decision shall be accorded substantial weight.

D. An appeal of the city’s final decision shall be by petition to the Snohomish County superior court, in accordance with state law. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.350 Inspection.

A. The director shall have access to any site for which an active permit has been applied or issued to perform on-site review and to ensure compliance with the terms of the permit. Inspections shall be completed prior to removal of any plant material. Upon completion of planting, a final landscaping inspection shall be completed to ensure proper installation.

B. Whenever there is cause to believe that a violation of this chapter has been or is being committed for which no active permit has been issued, the director is authorized to inspect the site pursuant to BMC 17.50.360. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.360 Inspection – Procedures.

Prior to making any inspections, the director shall present identification credentials, state the reason for the inspection and request entry.

A. If the property or any building or structure on the property is unoccupied, the director shall first make a reasonable effort to locate the owner or other individual(s) having charge or control of the property or portions of the property and request entry.

B. If, after reasonable effort, the director is unable to locate the owner or other individual(s) having charge or control of the property, and has reason to believe the condition of the trees and/or vegetation creates an imminent hazard to individuals or property, the director or designee may enter the property. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.370 Maintenance.

A. The property owner shall be responsible for ensuring that:

1. All landscaping that is part of an approved plan regulated under this chapter is maintained in a healthy condition, unless otherwise approved by the director in a subsequent permit.

2. Dead, decaying, defective, or diseased trees or branches that pose a threat of falling onto the public right-of-way or city-owned property are removed.

3. Vegetation that obstructs or hinders the use of any public right-of-way or designated trail, particularly eight feet or less above a pedestrian walkway or sidewalk and fourteen feet or less above a horse trail or a paved public street, is removed.

B. The city may remove vegetation which obstructs or hinders the use of the public right-of-way, city-owned property, or a designated trail without providing notice to the adjacent property owner. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.380 Enforcement.

Violations of this chapter shall be subject to the following procedures:

A. Violators of this chapter shall be notified and served with a notice of violation and order of correction as provided for in BMC 1.32.050.

B. Any appeal of the determinations in the notice of violation and order of correction shall follow the appeals process in accordance with provisions of Chapter 1.32 BMC.

C. Failure to comply with the notice of violation and order of correction shall constitute a nontraffic civil infraction and shall be punished in accordance with the provisions of BMC 1.28.030. The first offense for a violation of this chapter shall constitute a Class C nontraffic civil infraction. The continued failure to abate after the issuance of a Class C nontraffic civil infraction shall constitute a misdemeanor.

D. Repeat offenses as defined in BMC 1.32.010 of the violation any provision of this chapter shall be a misdemeanor which shall be punished in accordance with the provisions of BMC 1.28.030(A). Repeat violations shall not require a notice of violation and order of correction before the issuance of a misdemeanor citation. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

17.50.390 Stop work orders.

The director may issue a stop work order for failure to comply with any of the terms of a landscaping plan or tree removal permit, or any activity conducted in violation of this chapter or in a dangerous or otherwise unsafe manner, as determined by the director. The stop work order shall be in writing and served on the person(s) engaged in the activity or cause of the activity. The effect of such a stop work order shall be for the persons issued to immediately terminate such work or activity, until the director authorizes such work or activity to proceed. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)