Chapter 16.12
TREE PRESERVATION

Sections:

16.12.010    Purpose and intent.

16.12.020    Definitions.

16.12.030    Applicability.

16.12.035    Exemptions.

16.12.040    Prohibited tree removal.

16.12.050    Permit required.

16.12.053    Provisions for emergency hazard tree removal.

16.12.056    Provisions for hazard tree removal.

16.12.060    Provisions for routine property maintenance.

16.12.063    Provisions for hedge tree removal.

16.12.066    Provisions for tree topping.

16.12.070    Provisions for land development activities.

16.12.080    Replacement tree requirements.

16.12.090    Sureties.

16.12.100    Enforcement and penalties.

16.12.105    Resolution by agreement.

16.12.110    Appeals.

16.12.010 Purpose and intent.

It is the purpose and intent of this chapter to:

A.    Implement the Town’s comprehensive plan goals and the policies of the conservation element;

B.    Preserve, maintain and protect the visual appearance and natural wooded character of the Town;

C.    Preserve wildlife habitat, and to reduce the impacts of development on storm drainage and water resources;

D.    Preserve trees in buffer and setback areas and those trees which have been determined by the Director to constitute a unique historical, ecological or aesthetic value to the community or lot, tract or parcel of which they are located;

E.    Enhance tree protection efforts and promote site planning and horticultural practices consistent with reasonable use of property;

F.    Provide guidance to property owners conducting routine tree management activities;

G.    Enhance the quality of the Town’s natural environment during land development activities; and prohibit clear cutting of the Town’s urban forest;

H.    Allow removal of hazardous trees that would harm the Town’s residents or property;

I.    Preserve and enhance the Town’s urban canopy.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 05-452 § 1(part), 2005)

16.12.020 Definitions.

As used in this chapter:

A.    "Certified arborist" means an individual:

1.    With related training and three years of experience to demonstrate competency in arboriculture; and

2.    Who holds one of the following credentials:

a.    American Society of Consulting Arborists (ASCA) Registered Consulting Arborist; or

b.    International Society of Arboriculture (ISA) Certified Arborist with:

i.    An associate degree; and/or

ii.    A minimum of two years of college-level credit; and/or

iii.    One hundred twenty continuing education units.

B.    "Critical root zone" means the area around a tree requiring protection, as determined by an arborist; generally the area surrounding a tree trunk at a distance equal to one foot for every inch of tree diameter.

C.    "Developed lot, tract or parcel" means any share, portion or division of real property, whether developed or partially developed with a structure requiring a building permit.

D.    "Diameter" means a straight line passing through the center of a tree from side to side measured at four and one-half feet above grade (DBH).  The methodology to compute the diameter shall be the circumference of the tree at that point divided by 3.1416.

E.    "Director" means the Public Works Director, or his or her designee.

F.    "Emergency hazard tree removal" means removal of a tree located on private property with a structural defect and/or disease that has an imminent likelihood of failure as defined in the ISA basic tree risk assessment and is in proximity to a target with ISA basic tree risk assessment risk rating of high or extreme or as determined by the Director.

G.    "Exceptional tree" means a tree that, because of its unique historical, ecological or aesthetic value, constitutes an important community resource, as determined by the Director.  All trees with a diameter of thirty inches or greater are exceptional trees.

H.    "Hazard tree" means a tree with a structural defect and/or disease which has a probable or imminent likelihood of failure as defined in the ISA basic tree risk assessment and is in proximity to a target with ISA basic tree risk assessment risk rating of high or extreme or as determined by the Director.

I.    "Hedge tree" means a tree, typically in a group or row of similar tree type, that is regularly maintained to a certain height at least every three years to act as a screen or demarcation of a property line.

J.    "Land development activity" means any activity requiring permits or other approvals for the purposes of land clearing, grading/land modification, subdivisions or short subdivisions, an increase in lot coverage, or the construction or alteration of any building, utility or improvement.

K.    "Replacement tree" means:

1.    Any tree that is planted that meets the criteria in:

a.    Section 16.12.080; and

b.    Section 16.12.060, 16.12.063, 16.12.066, or 16.12.070, whichever is relevant; or

2.    An existing tree that is designated by the Director as a substitute for a removed tree.

L.    "Routine property maintenance" means any work on a developed lot, tract or parcel that results in the loss of a tree but is not associated with any other permit application.

M.    "Target" means people, property, or activities that could be injured, damaged, or disrupted by a tree failure.  Targets are assessed according to the ISA basic tree risk assessment criteria.

N.    "Topping" means removing no more than thirty percent of the total height of the tree.

O.    "Tree" means a tree with a main trunk of eight inches or more in diameter.

P.    "Tree permit" means the permit granted by the Town to remove a tree(s).

Q.    "Tree removal" means the removal of a tree, through direct or indirect actions, including, but not limited to:

1.    Clearing;

2.    Cutting or pruning that causes irreversible damage to roots or trunks;

3.    Poisoning;

4.    Destroying structural integrity; and/or

5.    Filling, excavation, grading, or trenching in the critical root zone of a tree which has the potential to cause irreversible damage to the tree.

R.    "Undeveloped lot, tract or parcel" means any share, portion or division of real estate on which no structure requiring a building permit exists and which may be further developed or subdivided in accordance with the Town’s zoning regulations.  For the purposes of this chapter, lots, tracts or parcels that are in the process of being developed with an approved development permit are considered undeveloped.

S.    "Year" means a twelve-month period beginning on the day a tree permit is issued by the Town.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 05-452 § 1(part), 2005)

16.12.030 Applicability.

A.    The provisions of this chapter shall apply to the removal of tree(s) from any private lot, parcel, or tract within the corporate limits of the Town of Woodway.

B.    No person, corporation or other entity shall engage in tree removal without first obtaining a tree permit approved by the Town.

C.    Tree permits shall apply to the land parcel and are not specific to the applicant/individual.

D.    Trees located on property owned by the Town of Woodway are not subject to the regulations in this chapter and may only be removed as authorized by the Town of Woodway.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 05-452 § 1(part), 2005)

16.12.035 Exemptions.

The removal of any of the following species is exempt from tree permit and replacement requirements in this chapter:

A.    English laurel (Prunus laurocerasus) and other laurel species;

B.    English holly (Ilex aquifolium); and

C.    Nonnative cultivated fruit trees, including, but not limited to:

1.    Apple (Malus sp.).

2.    Pear (Pyrus sp.).

3.    Cherry (Prunus sp.).

4.    Plum (Prunus sp.).

5.    Peach (Prunus sp.).

6.    Apricot (Prunus sp.).

7.    Nectarine (Prunus sp.).  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 09-510 § 1, 2009:  Ord. 05-452 § 1(part), 2005)

16.12.040 Prohibited tree removal.

Tree removal is prohibited in each of the following circumstances:

A.    Without receiving an approved permit, unless such activity is exempt;

1.    Residents are encouraged to notify the Director before removing exempt trees; prior notification can help avoid confusion about allowable removal.

B.    On those specific portions of lots, tracts or parcels that contain steep slopes, wetlands, stream corridors and associated buffers listed on the Town’s environmentally critical areas map.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 09-506 § 1 (Exh. A(part)), 2009:  Ord. 05-452 § 1(part), 2005)

16.12.050 Permit required.

A.    A permit is required for removal of a tree(s) alone or in conjunction with a use requiring an approved development application, and shall be valid for one year following the date of permit approval, after which it cannot be renewed, extended, or in any way applied in a cumulative manner to any future year.

B.    Every person, corporation or entity proposing to engage in activities regulated by this chapter shall first submit an application for a tree permit.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 06-472A, 2006;  Ord. 06-472, 2006;  Ord. 05-452 § 1(part), 2005)

16.12.053 Provisions for emergency hazard tree removal.

Emergency hazard tree removal may be done immediately but shall require a tree permit application to be filed with the Town within seven days of the removal.

A.    Permit Application.  The applicant shall include on the permit application:

1.    The location of the trees that were removed in relation to his or her property boundaries.

2.    Proof of imminent likelihood of failure that may include:

a.    Photographs of the tree and surrounding area prior to removal.

b.    A report by a certified arborist attesting to the tree’s imminent likelihood of failure.

B.    Review Criteria.

1.    The Director shall review the completed application and approve the permit, with or without conditions, if the application demonstrates compliance with the following criteria:

a.    The proposal is consistent with the purposes of this chapter set forth in Section 16.12.010;

b.    The proposal will not likely result in harm to flora or fauna species, including, but not limited to, eagles, other raptors, pileated woodpeckers and band-tailed pigeons; nor to those species listed as state endangered, threatened, sensitive, and candidate species and priority habitats, as identified by the State of Washington Department of Fish and Wildlife;

c.    The proposed tree removal is not prohibited by Section 16.12.040(B);

d.    The proposal meets the requirements for emergency hazard tree removal as defined in Section 16.12.020(F).

2.    If the completed application does not meet the criteria listed in this subsection, the Director shall deny the permit or offer a resolution by agreement per Section 16.12.105.

C.    Inspection.  The Director may inspect the tree stump(s) after removal.

D.    Maximum Tree Removal.

1.    Emergency hazard tree removal does not apply toward the maximum tree removal allowed per year in Table 1 of Section 16.12.060.

2.    Removal of exceptional trees is allowed under the emergency hazard tree removal provisions.

E.    Exemption from Tree Replacement.  Emergency hazard tree removals are exempt from tree replacement requirements.  (Ord. 17-580 § 1 (Exh. A (part)), 2017)

16.12.056 Provisions for hazard tree removal.

A.    Permit Application.  The applicant shall include on the permit application:

1.    The location of the trees to be removed in relation to his or her property boundaries.

2.    Proof of hazard that may include:

a.    Photographs of the tree and surrounding area.

b.    A report by a certified arborist that:

i.    The tree meets the definition of a hazard tree per Section 16.12.020(H);

ii.    The hazard cannot be lessened with reasonable and proper arboricultural practices;

iii.    The target cannot be removed.

B.    Review Criteria.

1.    The Director shall review the completed application and approve the permit, with or without conditions, if the application demonstrates compliance with the following criteria:

a.    The proposal is consistent with the purposes of this chapter set forth in Section 16.12.010;

b.    The proposal will not likely result in harm to flora or fauna species, including, but not limited to, eagles, other raptors, pileated woodpeckers and band-tailed pigeons; nor to those species listed as state endangered, threatened, sensitive, and candidate species and priority habitats, as identified by the State of Washington Department of Fish and Wildlife;

c.    The proposed tree removal is not prohibited by Section 16.12.040(B);

d.    The tree to be removed meets the definition of a hazard tree per Section 16.12.020(H);

e.    The hazard cannot be lessened with reasonable and proper arboricultural practices; and

f.    The target cannot be removed.

2.    If the completed application does not meet the criteria listed in this subsection, the Director shall deny the permit or offer a resolution by agreement per Section 16.12.105.

C.    Inspection.

1.    The Director may inspect the tree(s) identified for removal.

2.    The Director may consult with a certified arborist to peer review the applicant’s submitted arborist report.

D.    Reimbursement.  The applicant must reimburse the Town for any related costs that the Town incurs in processing this permit, including, but not limited to, arborist consultation.

E.    Maximum Tree Removal.

1.    Hazard tree removal does not apply toward the maximum tree removal allowed per year in Table 1 of Section 16.12.060.

2.    Removal of exceptional trees is allowed under the hazard tree provisions.

F.    Exemption from Tree Replacement.  Hazard tree removals are exempt from tree replacement requirements.  (Ord. 17-580 § 1 (Exh. A (part)), 2017)

16.12.060 Provisions for routine property maintenance.

A.    Permit Application.  The applicant shall include on the permit application:

1.    The location of the tree(s) to be removed in relation to his or her property boundaries;

2.    The size and species of the tree(s) to be removed;

3.    The size, species, and location of replacement trees.

B.    Review Criteria.

1.    The Director shall review the completed application and approve the permit, with or without conditions, if the application demonstrates compliance with the following criteria:

a.    The proposal is consistent with the purposes of this chapter set forth in Section 16.12.010;

b.    The proposal is consistent with the tree replacement requirements of this section and Section 16.12.080;

c.    The proposal will not likely result in harm to flora or fauna species, including, but not limited to, eagles, other raptors, pileated woodpeckers and band-tailed pigeons; nor to those species listed as state endangered, threatened, sensitive, and candidate species and priority habitats, as identified by the State of Washington Department of Fish and Wildlife;

d.    The proposed tree removal is not prohibited by Section 16.12.040(B).

2.    If the completed application does not meet the criteria listed in this subsection, the Director shall deny the permit or offer a resolution by agreement per Section 16.12.105.

C.    Inspection.  The Director may inspect the tree(s) identified for removal.

D.    Directional Felling.  Directional felling of trees shall be used to avoid damage to trees designated for retention.

E.    Maximum Tree Removal.  Table 1 of this section lists the total number of trees that may be removed in any one year.

Table 1

Maximum Number of Removed Trees per Zone District

A.

B.

C.

Zone District

Maximum # of Trees That May Be Removed/Year

Maximum # of Trees That May Be Removed in Setback Areas/Year

UR

Two

One

R-14.5

Two

One

R-43

Four

Two

R-87

Six

Three

1.    The number of trees in column B also includes trees in setback areas listed in column C.

2.    Parcels in the UR, R-14.5, and R-43 zone districts that are at least one hundred percent greater in size than the minimum lot size of the zone district in which the parcel is located may increase the number of trees that can be removed and shall be replaced.  The specific number of removed trees shall correspond to the quantities listed in Table 1 of this section for the zone district with the minimum lot area that most closely approximates the subject parcel’s lot size.  The calculation of parcel area shall not include land areas devoted to wetlands, steep slopes, stream corridors and associated buffers.

3.    Removal of exceptional trees is not allowed under the routine property maintenance provisions.

F.    Tree Replacement Requirements.

1.    Replacement trees are subject to the criteria in Section 16.12.080.

2.    The number of required replacement trees shall be equal to at least fifty percent of the number of trees removed per year.  When fifty percent equals less than a whole number, the number of replacement trees shall be rounded up to the next whole number.

3.    Replacement trees shall be at least three feet in height, as measured from the grade at installation.

4.    If the removed tree is a species native to the Pacific Northwest, replacement trees must be of the same species as the trees removed.  If the removed tree is not a native species, the replacement tree shall be a native species approved by the Director.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 09-506 § 1 (Exh. A(part)), 2009;  Ord. 05-452 § 1(part), 2005)

16.12.063 Provisions for hedge tree removal.

A.    Permit Application.  The applicant shall include on the permit application:

1.    The location of the tree(s) to be removed in relation to his or her property boundaries;

2.    The size and species of the tree(s) to be removed;

3.    The size, species, and location of replacement trees.

B.    Review Criteria.

1.    The Director shall review the completed application and approve the permit, with or without conditions, if the application demonstrates compliance with the following criteria:

a.    The proposal is consistent with the purposes of this chapter set forth in Section 16.12.010;

b.    The proposal is consistent with the tree replacement requirements of this section and Section 16.12.080;

c.    The proposal will not likely result in harm to flora or fauna species, including, but not limited to, eagles, other raptors, pileated woodpeckers and band-tailed pigeons; nor to those species listed as state endangered, threatened, sensitive, and candidate species and priority habitats, as identified by the State of Washington Department of Fish and Wildlife;

d.    The proposed tree removal is not prohibited by Section 16.12.040(B).

2.    If the completed application does not meet the criteria listed in this subsection, the Director shall deny the permit or offer a resolution by agreement per Section 16.12.105.

C.    Inspection.  The Director may inspect the tree(s) identified for removal.

D.    Directional Felling.  Directional felling of trees shall be used to avoid damage to trees designated for retention.

E.    Maximum Tree Removal.  Removal of any hedge tree does not apply toward the maximum tree removal allowed per year in Table 1 of Section 16.12.060.

F.    Tree Replacement Requirements.

1.    Replacement hedge trees are subject to the criteria in Section 16.12.080.

2.    Removal of hedge trees requires a one-for-one replacement, unless otherwise approved by the Director.

3.    Replacement trees for hedge trees shall be at least six feet in height, as measured from the grade at installation.

4.    Replacement tree species need not be native.  (Ord. 17-580 § 1 (Exh. A (part)), 2017)

16.12.066 Provisions for tree topping.

A.    Permit Application.  A tree permit is required for all trees to be topped.  The applicant shall include on the permit application:

1.    The location of the tree(s) to be topped in relation to his or her property boundaries;

2.    The size and species of the tree(s) to be topped;

3.    The size, species, and location of replacement trees.

B.    Review Criteria.

1.    The Director shall review the completed application and approve the permit, with or without conditions, if the application demonstrates compliance with the following criteria:

a.    The proposal is consistent with the purposes of this chapter set forth in Section 16.12.010;

b.    The proposal is consistent with the tree replacement requirements of this section and Section 16.12.080;

c.    The proposal will not likely result in harm to flora or fauna species, including, but not limited to, eagles, other raptors, pileated woodpeckers and band-tailed pigeons; nor to those species listed as state endangered, threatened, sensitive, and candidate species and priority habitats, as identified by the State of Washington Department of Fish and Wildlife.

2.    If the completed application does not meet the criteria listed in this subsection, the Director shall deny the permit or offer a resolution by agreement per Section 16.12.105.

C.    Inspection.  The Director shall inspect all trees that are to be topped before and after the topping.

D.    Maximum Tree Topping.

1.    Each topped tree counts towards the maximum tree removal allowed per year in Table 1 of Section 16.12.060.

2.    Topping of exceptional trees is not allowed.

E.    Tree Replacement Requirements.  Topped trees require tree replacement according to the requirements in section 16.12.060(E).  (Ord. 17-580 § 1 (Exh. A (part)), 2017)

16.12.070 Provisions for land development activities.

A.    Permit Application.  Applicants proposing to remove trees in conjunction with a land development activity shall submit, concurrent with the development application, a tree removal plan or other map that includes the following information:

1.    Graphic scale and north arrow;

2.    Vicinity map and property address;

3.    Location of all existing and proposed improvements;

4.    Location and delineation of slopes greater than fifteen percent, wetlands and water courses, or other areas, with any associated buffer areas, as required by Chapter 16.10 of this code, and any open areas and associated buffers;

5.    Public roads and rights-of-way;

6.    Property line boundaries;

7.    Location, size, species, and critical root zone of all trees within the area to be impacted, including an indication or schedule of which trees will be retained, removed and/or replaced;

8.    Location and design of proposed protective barrier for all retained trees; and

9.    Location, species and size of all replacement trees to be planted.

B.    Review Criteria.

1.    The Director shall review the application in conjunction with any other land development applications and approve, deny or condition the permit prior to issuance of any other development permits issued by the Town.

2.    The Director shall review the completed application and approve the permit, with or without conditions, if the application demonstrates compliance with the following criteria:

a.    The proposal is consistent with the purposes of this chapter set forth in Section 16.12.010;

b.    The proposal is consistent with the tree replacement requirements of this section and Section 16.12.080;

c.    The proposal will not likely result in harm to flora or fauna species, including, but not limited to, eagles, other raptors, pileated woodpeckers and band-tailed pigeons; nor to those species listed as state endangered, threatened, sensitive, and candidate species and priority habitats, as identified by the State of Washington Department of Fish and Wildlife;

d.    That the proposal will not likely result in negative impacts to soil or hydrology of the site and adjacent properties;

e.    When there are feasible and prudent location alternatives on site for proposed building structures or other site improvements, viable wooded areas and trees are to be preserved.  This may require site redesign, including, but not limited to:  redesign of streets, sidewalks, stormwater facilities, utilities; changing the shape and size of the parking lot; reducing or limiting proposed site grading; and changing the location of driveways, buildings or building lots; provided, however, that no yard setback variance shall be granted in order to comply with the provisions of this section;

f.    The proposed tree removal is not prohibited by Section 16.12.040(B).

3.    If the completed application does not meet the criteria listed in this subsection, the Director shall deny the permit or offer a resolution by agreement per Section 16.12.105.

C.    Inspection.

1.    The Director may inspect the tree(s) identified for removal.

2.    The Director may consult with a certified arborist to peer review the applicant’s submitted arborist report.

D.    Reimbursement.  The applicant must reimburse the Town for any related costs that the Town incurs in processing this permit, including, but not limited to, arborist consultation.

E.    Tree Assessment and Standards.

1.    Trees to be preserved must be healthy, wind-firm, and appropriate to the site at their mature size, as identified by an arborist.

2.    Trees growing in a grove or part of a stand must be considered part of a group when determining retention potential.

3.    Declaration of hazard tree(s) must meet the criteria outlined in Section 16.12.056.

4.    The arborist must determine the critical root zone to establish the limits of disturbance around the trees to be retained on site and include proper tree protection standards that shall be incorporated into grading, demolition and other appropriate site plans.

5.    The arborist must include discussion of any off-site trees or adjacent trees which could be adversely affected by the proposed activity and the proposed mitigation for such impact.

6.    The Director may require additional information to support findings and conclusions, and that can include soil or diagnostic testing, photographs of claimed disease/defect, or another professional opinion paid for by the applicant.

F.    Tree Protection During Construction.  Prior to initiating tree removal on the site, vegetated areas and individual trees to be preserved shall be protected from potentially damaging activities pursuant to the following standards:

1.    Placing Materials Near Trees.  No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, parking equipment, placing solvents, storing building material and soil deposits, dumping concrete washout and locating burn holes.

2.    Objects on Trees.  During construction, no person shall attach any object to any tree designated for protection.

3.    Protective Barrier.  Before development, land clearing, filling or any land alteration for which a tree removal permit is required, the applicant:

a.    Shall erect and maintain readily visible temporary protective tree fencing constructed of chain link and to a height of at least four feet.  This protective tree fence shall be placed along the outer edge and completely surrounding the protected area of all retained trees or groups of trees, as determined by an arborist.  Other types of fencing may be authorized by the Director;

b.    Shall install highly visible signs spaced no further than fifteen feet along the entirety of the protective tree fence.  The sign must be approved by the Town and shall state at a minimum "TREE PROTECTION AREA, ENTRANCE RESTRICTED" and shall reference the appropriate code and provide the current Public Works Department phone number to report violations;

c.    Shall prohibit excavation or compaction of earth or other potentially damaging activities within the barriers;

d.    Shall maintain the protective barriers in place until the Director authorizes their removal or a final certificate of occupancy is issued, whichever occurs first;

e.    Shall ensure that any landscaping done in the protected zone subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor.

4.    Additional Protection.  In addition to the above, the Director may require the following:

a.    Cover with mulch to a depth of at least six inches or with plywood or similar material the areas adjoining the critical root zone of a tree in order to protect roots from damage caused by heavy equipment;

b.    Minimize root damage by excavating a two-foot-deep trench, at edge of critical root zone, to cleanly sever the roots of trees to be retained;

c.    Have corrective pruning performed on protected trees in order to avoid damage from machinery or building activity;

d.    Maintain trees throughout construction period by watering and fertilizing.

G.    Grade.

1.    The grade shall not be elevated or reduced within the critical root zone of trees to be preserved without the Director’s authorization.  The Director may allow coverage of up to one-half of the area of the tree’s critical root zone with light soils (no clay) to the minimum depth necessary to carry out grading or landscaping plans, if it will not imperil the survival of the tree.  Aeration devices may be required to ensure the tree’s survival.

2.    If the grade adjacent to a preserved tree is raised such that it could slough or erode into the tree’s critical root zone, it shall be permanently stabilized to prevent suffocation of the roots.

3.    The applicant shall not install an impervious surface within the critical root zone of any tree to be retained without the authorization of the Director.  The Director may require specific construction methods and/or use of aeration devices to ensure the tree’s survival and to minimize the potential for root-induced damage to the impervious surface.

4.    To the greatest extent practical, utility trenches shall be located outside of the critical root zone of trees to be retained.  The Director may require that utilities be tunneled under the roots of trees to be retained if the Director determines that trenching would significantly reduce the chances of the tree’s survival.

5.    Trees and other vegetation to be retained shall be protected from erosion and sedimentation.  Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time.  To control erosion, shrubs, ground cover and stumps shall be maintained on the individual lots, where feasible.  Where not feasible, appropriate erosion control practices shall be implemented pursuant to current adopted Storm Water Management Manual.

H.    Directional Felling.  Directional felling of trees shall be used to avoid damage to trees designated for retention.

I.    Additional Requirements.  The Director may require additional tree protection measures.

J.    Maximum Tree Removal.

1.    Trees removed from the proposed building footprint, access, and utility easements do not apply toward the maximum tree removal allowed as listed below.

2.    Developed Lots.  For redevelopment projects on previously developed lots, tracts, or parcels, trees to be removed outside the areas listed in subsection (J)(1) of this section apply toward the maximum tree removal allowed in Table 1 of Section 16.12.060.

3.    Undeveloped Lots.  Tree removal for development projects on undeveloped lots, tracts or parcels shall not exceed five percent of the trees located outside of the areas listed in subsection (J)(1) of this section.

4.    Removal of exceptional trees is not allowed under the land development provisions.

K.    Tree Replacement Requirements.

1.    Developed Lots.  Trees removed from previously developed lots shall be replaced according to the requirements in Section 16.12.060(E).

2.    Undeveloped Lots.

a.    Replacement trees are subject to the criteria in Section 16.12.080.

b.    Removal of trees from an undeveloped lot requires a one-for-one replacement.

c.    Replacement trees shall be at least three feet in height, as measured from the grade at installation.

d.    If the removed tree is a species native to the Pacific Northwest, replacement trees must be of the same species as the trees removed.  If the removed tree is not a native species, the replacement tree shall be a native species approved by the Director.

3.    Exemptions from Replacement.  The following activities conducted under an approved land development permit on undeveloped lots are exempt from tree replacement:

a.    Removal of hazard trees;

b.    The removal of trees within the planned building footprint.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 09-506 § 1 (Exh. A(part)), 2009;  Ord. 05-452 § 1(part), 2005)

16.12.080 Replacement tree requirements.

Tree removal activities that require tree replacement shall be subject to the following:

A.    Trees removed from the setback areas of lots, tracts or parcels shall be replaced in the setback areas, unless otherwise approved by the Director.

B.    All replacement trees shall be installed within six months of initial tree removal.

C.    Replacement trees shall remain in a healthy condition for a minimum of five years after installation.  Any replacement tree that is unhealthy within five years of planting must be replaced with a new replacement tree, with the same requirement for continued health and replacement.

D.    The Director shall have the right to inspect the health and condition of replacement trees at any time within five years of installation.

E.    Replacement trees shall not be installed in easements for public facilities or utilities.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 05-452 § 1(part), 2005)

16.12.090 Sureties.

The Director may require a surety to be posted to secure the applicant’s compliance with the conditions of the permit approval.  The surety shall be equal to one hundred twenty-five percent of the estimated cost of tree replacement of the property, as determined by the Director.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 05-452 § 1(part), 2005)

16.12.100 Enforcement and penalties.

A.    Failure to submit an application for a tree permit shall be a violation under Chapters 1.12 and 1.14 of this code and may be subject to the penalties contained therein.

B.    Removal of a tree inconsistent with this chapter shall be a violation and shall require the property owner to replace the removed tree(s) at a ratio of three replacement trees to each one removed tree, and result in a penalty, assessed against the property owner, in the amount of one thousand dollars assessed for each tree that is damaged, destroyed or removed.  Each tree removed shall constitute a separate violation.  An amount equal to the appraised value of the removed tree(s), as determined by the Director utilizing the industry standard trunk formula method in the current edition of the Guide for Plant Appraisal, may be added to the penalty for each violation.  If the diameter of the removed tree is unknown, the diameter size used shall be the diameter of the remaining stump at the cut.

C.    Stop work orders may be issued by the Director whenever there is a violation.  The posting of the stop work order on the site shall be deemed adequate notice of the order.  A failure to comply with a stop work order shall constitute a separate violation of Chapter 1.14 of this code.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 09-502 § 1, 2009;  Ord. 05-452 § 1(part), 2005)

16.12.105 Resolution by agreement.

A.    If a property owner wishes to remove or replant trees outside the provisions of this chapter, he or she may request an alternate removal and replacement agreement.  The Public Works Director, in the Director’s sole discretion, may enter into an alternate removal and replacement agreement, subject to the following criteria:

1.    Where circumstances exist rendering compliance with the provisions of this chapter impractical;

2.    Where such compliance would create unnecessary hardships to the owner of land or buildings; or

3.    When the Director finds that an alternative tree replacement plan would be consistent with the general purpose and intent of the tree preservation code.

B.    The agreement may include, but is not limited to, the following:

1.    The number of trees allowed to be removed or topped in one year under the provisions of Sections 16.12.060, 16.12.066, and 16.12.070(J)(2) may be increased when the additional removal would enhance the overall health and safety of the trees that remain.

a.    The agreement shall prohibit future tree removal for the number of years that would have elapsed had the trees been removed pursuant to the code.

i.    Example: In the R-87 zone district, six trees per year may be removed under the routine property maintenance provisions.  If a removal and replacement agreement allowed twelve trees to be removed in one year, no further tree removal would be allowed for two years following the issuance of the permit.

b.    Two-years’ total tree removal is allowed by agreement without a report from a certified arborist.

c.    Removal of more than two-years’ total trees requires a report from a certified arborist that addresses the viability and survivability of the trees that will remain.

2.    Replacement tree species may be substituted in areas where a different tree species would be better suited for the location.

3.    Alternate replacement tree locations may be approved.

4.    One exceptional tree may be removed every five years.

C.    By entering into the removal and replacement agreement, the property owner waives the right to a hearing before the Examiner under this chapter or any other appeal regarding the agreement.  (Ord. 17-580 § 1 (Exh. A (part)), 2017)

16.12.110 Appeals.

A.    Appeals of administrative decisions made under this chapter are to the Hearing Examiner in accordance with Chapter 2.56 of this code.  Prior to processing the appeal, an appeal fee shall be submitted to the Town as follows:

1.    If any party wishes to have the Hearing Examiner conduct an appeal hearing, then the appeal fee is three hundred dollars and one-half of the actual costs of the Hearing Examiner, regardless of the decision.

2.    The appellant shall pay a deposit of the appellant’s share of the estimated cost of the Hearing Examiner’s service.  Any amount not needed to pay the actual costs of the Hearing Examiner shall be refunded at the conclusion of the appeal process.

B.    Timely filing of an appeal shall stay the effect of order, permit, decision determination or other action related to the removal of any tree being appealed until the appeal is disposed of by the Hearing Examiner or withdrawn.

C.    The Hearing Examiner shall give substantial weight to the Director’s decision and the burden of showing that the Director’s decision was clearly erroneous shall be upon the appellant.  (Ord. 17-580 § 1 (Exh. A (part)), 2017:  Ord. 05-452 § 1(part), 2005)