Chapter 17.52 TREE PROTECTION

D. Promote tree retention, maintenance, and planning practices that are consistent with natural topographical, vegetation and hydrological conditions.

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

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

G. Provide guidance to all who own, install and maintain trees.

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

I. Reduce the negative impacts from the use of inappropriate or invasive trees.

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

K. Avoid or abate public nuisances. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.020 Jurisdiction.

The city shall have jurisdiction over all trees within the city’s boundaries. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.030 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. 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 § 3(Exh. B)(part), 2018)

17.52.040 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 Natural 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. 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 § 3(Exh. B)(part), 2018)

17.52.050 Tree 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 trees recommended and preferred to be planted, preserved, replaced, or replanted in the public right-of-way and on city-owned property;

B. Any other tree preservation, protection, and planting standards and procedures that the director deems necessary. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.060 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.

“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 complete visual barrier 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 visibly 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 with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of 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 trees 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 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 tree;

2. Storage of materials in or around the tree;

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 tree 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.

E. “E” definitions. Reserved.

F. “F” definitions. Reserved.

G. “G” definitions.

“Grade” means the average elevation around the base of a tree.

H. “H” definitions. Reserved.

I. “I” definitions. Reserved.

J. “J” definitions. Reserved.

K. “K” definitions.

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

L. “L” definitions.

“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).

M. “M” definitions.

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

N. “N” definitions.

“Native vegetation fund” means the fund established by Chapter 17.50 BMC for planting and maintenance of trees and vegetation and educational activities pertaining to native vegetation and landscaping.

O. “O” definitions. Reserved.

P. “P” definitions.

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

“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.

“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 tree from the location on which it has been growing. See also “damage.”

“Routine landscape maintenance” means pruning, thinning, and care for trees, 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 resulting from lack of regular maintenance.

S. “S” definitions.

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

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

“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.

T. “T” definitions.

Tree:

“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.

“Tree, defective” means any tree with a structural defect which makes it subject to a high probability of failure.

“Tree, diseased” means any tree with a health condition which makes it subject to a high probability of failure.

“Tree, invasive” means a plant identified as a noxious weed in Chapter 16-750 WAC or the Snohomish County Plant List, 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.

“Tree, native” means those species of trees 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 trees are those recognized by the WNPS guide or the KCNP guide.

“Tree, nonsignificant” means any tree less than eight inches in diameter at DBH, trees on the Snohomish County Invasive Plant list or identified as a noxious weed in Chapter 16-750 WAC, cultivars, or those included on the following list, regardless of size:

a. Black locust (Robinia pseudoacacia);

b. Cottonwood (Populous trichocarpa);

c. Native alder (native Alnus only); or

d. Lombardy poplar (Populous nigra).

“Tree, ornamental” means any tree grown for decorative and aesthetic purposes, particularly for their flowers, leaves, scent, foliage texture, or fruit.

“Tree, private” means any tree not located on property owned or controlled by the city.

“Tree, protected” means any tree required to be retained and protected from impacts from development as part of a land use or development permit.

“Tree, public” means any tree located on property owned or controlled by the city or in the public right-of-way.

“Tree, required” is any tree required to be planted as:

a. Part of a land use or development permit;

b. Remediation for removal of a tree in violation of a tree permit, BMC Title 18, Title 19, or this chapter.

“Tree, significant” means any tree not defined as nonsignificant by this chapter that is eight inches in diameter at DBH or greater. A tree growing with multiple stems shall be considered significant if at least one of the stems, measured at a point six inches from the point where the stems digress from the main trunk, is at least four inches in diameter. Any tree that is planted to fulfill requirements set forth by this chapter shall be considered significant, regardless of size or species.

“Tree removal permit” means a permit that must be obtained prior to removal of a significant tree.

“Tree thinning” means the selective cutting or thinning of trees for the purpose of good forestry management to protect the forest from disease or infestation and in no way shall be construed as clear cutting.

“U” definitions. Reserved.

“V” definitions.

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

“W” definitions.

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

“X” definitions. Reserved.

“Y” definitions. Reserved.

“Z” definitions. Reserved. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.070 Planting periods.

Tree planting should occur between September 15th and November 30th. Tree 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 tree planting period for specific trees within an approved landscape plan or tree removal and replacement permit. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.080 Applicability.

The provisions of this chapter shall be a minimum standard and shall apply to all activities involving trees that are not exempt from this chapter. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.090 Exemptions.

The following activities and uses are exempt from this chapter:

A. Community recreational areas.

B. Pastures.

C. Those portions of cemeteries designated for interment.

D. Removal of nonsignificant trees, unless located in a critical area.

E. Removal of damaged, diseased, or defective trees, unless located in a critical area. The condition of the tree(s) shall be documented by an arborist prior to removal.

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

G. Removal of trees 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.

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

I. 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 trees in locations/projects that are exempt from permit requirements to the maximum extent practicable. (Ord. 479 § 3 (Exh. A), 2021; Ord. 452 § 3(Exh. B)(part), 2018)

17.52.100 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 § 3(Exh. B)(part), 2018)

17.52.110 Tree removal permit – Minor.

A. Minor tree removal permits are required when five or fewer significant trees are proposed for removal from a property within a forty-eight-month period, unless the proposal would require a major tree removal permit per BMC 17.52.120.

B. Applications shall be submitted with a complete application form as prescribed by the director and with all required fees. All applications shall include the following:

1. Written statement of the reason for the removal; and

2. Statement that there are no critical areas on site and an acknowledgment that no more than five significant trees may be removed from the property within a forty-eight-month period.

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 minor tree removal permit application.

E. Minor tree removal permits expire sixty days from issuance. (Ord. 479 § 3 (Exh. A), 2021; Ord. 452 § 3(Exh. B)(part), 2018)

17.52.120 Tree removal permit – Major.

A. Major tree removal permits are required if:

1. Six or more significant trees would be removed from a property within a forty-eight-month period.

2. Significant trees would be removed for a project or action requiring a land use or development permit.

3. Trees would be removed that are located wholly or partially within a critical area or its buffer as defined by BMC Title 18.

B. Applications shall be submitted with a complete application form as prescribed by the director and with all required fees. All applications shall include a written statement of the reason for the removal, shall include a tree removal and replacement (if required) plan drawn to scale by a landscape professional, and shall show the following:

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

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

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

4. Property dimensions and size;

5. Areas proposed for clearing and the proposed use(s) for each area;

6. Topographical information, including proposed grade changes that may adversely affect or endanger trees on the property;

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

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

9. Designation of all trees proposed for removal, describing species and diameter, and if dangerous, defective, diseased or damaged trees are proposed for removal, a report by an arborist;

10. Designation of all trees proposed for protection, including tree protection measures;

11. Tree replacement, planting and maintenance schedule; and

12. Location of all critical areas.

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 major tree removal permit application. Appropriate safeguards may be prescribed to assure compliance with the provisions of the zoning code and the permit as approved, including but not limited to the requirement of reasonable assurance devices.

E. Major tree removal permits expire ninety days from the date of issuance or the expiration date of an associated land use or development permit. (Ord. 479 § 3 (Exh. A), 2021; Ord. 452 § 3(Exh. B)(part), 2018)

17.52.130 Tree removal permit – Review criteria.

When reviewing a tree removal permit, the director shall consider the following factors:

A. Whether the requirements of this chapter have been satisfied;

B. Whether the trees proposed for removal are necessary for the project;

C. Whether trees are located within twenty feet of existing or proposed improvements including buildings, patios, and driveway;

D. Whether adequate measures have been taken to protect/retain existing trees at the site, including but not limited to significant, required, rare, threatened or endangered trees;

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

F. Whether the tree retention, removal and replacement plan will create or contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction; and

G. Whether the tree retention, removal and replacement plan will create or contribute to flooding, erosion or increased turbidity, siltation or other forms of pollution in a watercourse. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.140 Tree replacement requirements.

The applicant shall demonstrate that tree installation will meet the minimum standards of this section.

A. Any significant or required tree to be removed as part of a major tree removal permit shall be replaced by a minimum two-to-one ratio of replacement trees to removed trees.

B. Replacement shall not be required when:

1. An arborist certifies that the tree is hazardous, dead, defective, diseased, injured or in a declining condition with no reasonable assurance of regaining health.

2. The tree is proposed to be relocated to another suitable planting site in compliance with this chapter.

C. Replacement trees shall be planted on the site from which significant trees are removed unless the director accepts one or more of the alternatives set forth in this section.

D. When complete on-site replacement cannot be achieved, or is considered not practical, the director may consider the following alternatives:

1. The number of replacement trees shall be the same as described in subsection A of this section. Replacement costs (material plus labor) shall be at the applicant’s expense.

2. Allowable sites for receiving off-site replacement plantings:

a. City-owned properties.

b. Public right-of-way.

3. All trees to be replaced off-site shall meet the replacement standards of this section.

4. The director may approve a fee in-lieu for any replacement tree required for but not planted on site.

a. The city council by resolution shall establish a fee-in-lieu amount for replacement trees. The fee-in-lieu amount shall cover the cost of a tree, installation (labor and equipment), maintenance for two years, and fund administration.

b. The applicant shall pay the fee-in-lieu amounts to the city upon completion of a site inspection and confirmation of the total number of trees removed and replaced on site.

5. At a minimum, fifty percent of the replacement trees shall be planted on site.

6. Where appropriate, the director may consider other measures designed to mitigate the loss of trees by restoring all or parts of the landscape and its associated benefits. Measures may include, but are not limited to:

a. Creation of wildlife snags from trees which would otherwise be removed;

b. Replacement of certain ornamental trees with native shrubs and groundcover;

c. Replacement of hazardous or short-lived trees with healthy new trees more likely to survive;

d. Restoration of stream corridors with native plants when recommended in an approved critical areas report or otherwise meeting the requirements of BMC Title 18, Critical Areas;

e. Protection of nonsignificant trees to provide for the successional stages of forest development.

E. Replacement trees shall:

1. Be planted to reestablish or enhance protected trees or tree stands where they previously existed;

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

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

4. Be located away from areas where damage is likely to occur, including utility easements;

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

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

7. Be integrated into the landscape plans, if required under BMC 17.50.090, for a development; and

8. Be selected with consideration of the trees’ maturation and maintenance requirements, especially for those to be planted next to or under overhead utility power lines.

F. Minimum sizes and requirements for replacement trees shall be as follows:

1. Deciduous – three inches in diameter at six inches in height above natural grade.

2. Evergreen – eight feet in height.

3. Healthy and visibly free of disease or pests.

4. Native species.

5. The director may consider smaller-sized replacement trees if the applicant can demonstrate that smaller trees are more suited to the species, site conditions, and to the purposes of this section, and are planted in sufficient quantities to meet the intent of this section.

G. Installation of required replacement trees shall comply with the approved plan.

H. All required tree replacement 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 tree 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. 452 § 3(Exh. B)(part), 2018)

17.52.150 Tree protection.

A. To ensure long-term viability of trees and tree stands 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 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):

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 § 3(Exh. B)(part), 2018)

17.52.160 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. The director may require a protection assurance to ensure the installation, upkeep and adequate function of tree protection measures for major tree removal permits.

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

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

a. The city’s estimated cost of replacing each tree. The estimated cost per tree 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 tree. The appraisal shall be completed by an arborist or other individual certified in tree appraisal for all trees 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 tree inspection.

4. Upon reaching two years, the city shall re-inspect the trees prior to authorizing release of the protection assurance. Any protected tree damaged due to natural causes shall be exempt from replacement. Any protected tree 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 trees.

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

2. The amount of the assurance shall be equal to three hundred 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 as set forth in Chapter 3.04 BMC; and/or

b. A landscape professional’s estimated cost of the trees and labor.

3. The assurance period shall be until the date of successful completion of the final tree 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. A maintenance assurance may be required to ensure the survival of protected and installed trees.

1. The assurance shall be provided prior to the release of an associated tree performance or protection bond upon successful completion of the final tree inspection.

2. The amount of the assurance shall be 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 the trees, periodic fertilizing and pruning, and labor.

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

4. Upon reaching two years, the city shall re-inspect the trees prior to authorizing release of the assurance. Any tree damaged due to natural causes shall be exempt from replacement. Any tree 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 § 3(Exh. B)(part), 2018)

17.52.170 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. Any appeal of the city’s final decision shall be by petition to the Snohomish County superior court, in accordance with state law. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.180 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 trees. Upon completion of planting, a final tree 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 17.52.190. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.190 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 creates an imminent hazard to individuals or property, the director or designee may enter the property. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.200 Maintenance.

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

1. All trees that are part of an approved plan regulated under this chapter are 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. Trees or portions of trees that obstruct or hinder 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, are removed.

B. The city may remove trees which obstruct or hinder the use of the public right-of-way, city-owned property, or a designated trail without providing notice to the adjacent property owner.

C. Protected, required and significant trees shall not be topped.

D. Excessive pruning does not occur, unless recommended by an arborist in order to protect life and property. (Ord. 452 § 3(Exh. B)(part), 2018)

17.52.210 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 of any provision of this chapter shall be a misdemeanor which shall be punished in accordance with the provisions 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 § 3(Exh. B)(part), 2018)

17.52.220 Stop work orders.

The director may issue a stop work order for failure to comply with any of the terms of a 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 § 3(Exh. B)(part), 2018)