Chapter 20.22
PRIVATE PROPERTY TREE CODE
Sections:
20.22.010 Title, purpose, and intent.
20.22.030 Tree removal and minimum significant tree density.
20.22.050 Tree removal permit – Application process.
20.22.060 Tree removal permit – Notification.
20.22.070 Tree removal permit – Expiration.
20.22.085 Verification required.
20.22.090 Construction site tree protection.
20.22.110 Violation – Penalty for unpermitted tree removal.
20.22.010 Title, purpose, and intent.
A. Title. This chapter shall be known as the private property tree code of the town of Yarrow Point.
B. Purpose and Intent. The general purpose of the private property tree code is to protect, preserve, and replenish significant trees on private property in Yarrow Point in order to promote the public health, safety, and general welfare of the residents of the town. The private property tree code is intended to:
1. Retain the town’s existing character;
2. Maintain an equitable distribution of significant trees on properties throughout the town;
3. Mitigate the consequences of significant tree removal through tree replacement;
4. Implement the goals and objectives of the town’s comprehensive plan, the town’s shoreline master program, and the State Environmental Policy Act. (Ord. 715 § 2 (Exh. A), 2021)
20.22.020 Definitions.
A. “Caliper” means the American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six inches above the ground for up to and including four-inch caliper size and 12 inches above the ground for larger sizes.
B. “Crown” means the area of a tree containing leaf- or needle-bearing branches.
C. “Diameter at breast height (DBH)” means the diameter or thickness of a tree trunk measured at four and one-half feet from the ground.
D. Hazardous Tree. Any significant tree is considered hazardous when it has been assessed by a qualified professional and found to be likely to fail and cause an unacceptable degree of injury, damage, or disruption.
E. Mitigation Tree Species. Mitigation trees shall comply with the following: any evergreen tree species that has the potential to grow to the size of a significant tree or any deciduous tree species that has the potential to grow to the size of a significant tree. Species considered unsuitable for mitigation are identified in a document entitled “Yarrow Point Mitigation Vegetation,” on file with the town clerk.
F. “Pruning” means the act of trimming or lopping off what is superfluous; specifically, the act of cutting off branches or parts of trees with a view to strengthening those that remain or to bringing the tree into a desired shape. Pruning that results in the removal of at least half of the live crown shall be considered tree removal.
G. “Qualified professional” means an individual with relevant education and training in arboriculture or urban forestry. The individual shall be an arborist certified by the International Society of Arboriculture (ISA) or a registered consulting arborist from the American Society of Consulting Arborists (ASCA). A qualified professional shall possess the ability to perform tree risk assessments, as well as experience working directly with the protection of trees during construction.
H. “Significant tree” means any tree that is at least 18 inches in diameter at DBH, as measured at four and one-half feet from the ground or any tree planted as mitigation. (Ord. 715 § 2 (Exh. A), 2021)
20.22.030 Tree removal and minimum significant tree density.
A. Removal. A tree removal permit shall be required for the removal of any significant tree.
B. Density. A minimum of one significant tree per 5,000 square feet of property shall be required and maintained following the removal of any significant tree.
C. The required tree density may be accomplished through the preservation and maintenance of existing stock, or through the planting of mitigation trees. When calculating the required number of trees per property, fractional tree portions shall be rounded up or down to the nearest whole number.
D. Significant tree trunks that straddle a private property line shall be assigned a tree density value of 0.49 for each property. (Ord. 715 § 2 (Exh. A), 2021)
20.22.040 Exemptions.
A. Emergency Tree Removal. Any hazardous tree that poses an imminent threat to life or property may be removed prior to the issuance of a tree removal permit. The town shall be notified within seven days of the emergency tree removal with evidence of the threat or status justifying the removal of the significant tree. The notification of emergency removal shall contain a site plan showing remaining significant trees on the lot with a calculation demonstrating compliance with the minimum significant tree density. The standard of one significant tree per 5,000 square feet of property, i.e., tree density, shall be documented and may be fulfilled through the remaining trees on site or through planting of mitigation trees.
B. Utility Maintenance. Trees may be removed by the town or utility provider in situations involving actual interruption of services provided by a utility only if pruning cannot solve utility service issues. Mitigation shall be required by the underlying property owner pursuant to YPMC 20.22.080 (Mitigation). Utility maintenance within the right-of-way shall conform to the town’s public property tree code (Chapter 12.26 YPMC). (Ord. 715 § 2 (Exh. A), 2021)
20.22.050 Tree removal permit – Application process.
A. Any property owner intending to remove a significant tree shall submit a tree removal permit application on a form provided by the town. The application shall include:
1. The name, address, and contact information of the property owner and/or agent.
2. A site plan showing the location, size, and species of all significant trees, including those proposed for removal, on the property. For applications associated with construction or site development, the site plan must also label and identify all trees within 20 feet of the proposed construction and/or site development activity.
3. A tree protection plan per YPMC 20.22.090 (Construction site tree protection) for applications associated with construction or site development.
4. A mitigation plan, if required per YPMC 20.22.080 (Mitigation), indicating the location and species for all trees to be planted.
5. The current permit fee, as established by the town council.
B. Identification on Site. Concurrent with submittal of the tree removal permit application, the owner shall identify every significant tree proposed for removal by placing a yellow tape around the circumference of the tree at the DBH.
C. Shoreline Jurisdiction. Properties located within the town’s shoreline jurisdiction (200 feet landward of Lake Washington) are subject to additional tree removal and replacement standards per the town of Yarrow Point Shoreline Master Program Section 5.6 – Vegetation Management.
D. Review by Staff and/or Town Arborist. Except in cases of emergency tree removal, the tree removal application shall be reviewed within 28 days in the case of permits not associated with development activity or shall be reviewed and issued concurrently with the site development or building permit, as applicable. (Ord. 715 § 2 (Exh. A), 2021)
20.22.060 Tree removal permit – Notification.
A notice of the proposed removal of one or more significant trees shall be posted within five business days of receipt of a complete application. The notice shall be posted by the town on site, on the appropriate mailbox pagoda, and on the town’s website. The town shall send a letter via U.S. mail to all property owners abutting the site. The letter shall include a site plan with all trees identified for removal. A minimum two-week notification period shall be required prior to issuance of any tree removal permit. (Ord. 715 § 2 (Exh. A), 2021)
20.22.070 Tree removal permit – Expiration.
A tree removal permit shall expire six months from the date of issue, requiring reissuance of a new permit. (Ord. 715 § 2 (Exh. A), 2021)
20.22.080 Tree mitigation.
A. Whenever a significant tree is planned for removal pursuant to an issued tree removal permit, the applicant shall first demonstrate to the town that, after the removal of the significant tree(s), the property will meet the requirements of YPMC 20.22.030 (Tree removal and minimum significant tree density). Should the property fail to meet this requirement, the applicant shall provide a tree mitigation plan that satisfies the requirements of YPMC 20.22.030 (Tree removal and minimum significant tree density). When approved by the town, the tree mitigation plan shall be kept on file as a town record.
B. Mitigation trees shall be a minimum of 10 feet tall or have a three-inch caliper, and shall have a full and well developed crown.
C. Tree mitigation requirements shall be met within six months of removing any significant tree. In the case of concurrent new construction, mitigation requirements shall be met prior to final inspection.
D. Trees planted as mitigation trees shall be maintained with adequate water and care to survive a minimum three-year warranty period. Prior to planting a mitigation tree, the applicant shall post a warranty bond in a form and amount acceptable to the town to ensure all trees planted as mitigation survive the warranty period. Mitigation trees that fail to survive the warranty period shall be replaced by the property owner with new mitigation trees within 90 days in accordance with the YPMC. Mitigation trees shall be maintained in a healthy condition for their lifetime. (Ord. 723 § 2, 2022; Ord. 715 § 2 (Exh. A), 2021)
20.22.085 Verification required.
Within 90 days of purchasing a property, and also prior to removing any trees on the property, the property owner shall contact the town and verify with the town whether an approved mitigation planting plan for the property is on file with the town. Failure of the property owner to do so is a code violation and shall not relieve a property owner of compliance with the provisions of this chapter, nor shall such failure serve as a defense to enforcement of this chapter. (Ord. 723 § 3, 2022)
20.22.090 Construction site tree protection.
A. All significant trees to be retained on a construction site, and all trees on the adjacent and otherwise affected town rights-of-way, and all trees on adjacent private properties impacted by site development as regulated under YPMC Title 20, or construction as regulated under YPMC Title 15, shall be protected during such activity.
B. The property owner shall submit a report prepared by a qualified professional that evaluates the significant trees on site, as well as all trees in the adjacent areas impacted by the proposed construction. Tree protection measures shall be clearly described and illustrated on a site plan. Best management practices shall be employed as referenced in “Tree Protection on Construction and Development Sites: A Best Management Guidebook for the Pacific Northwest,” or other such guidance as approved by the town arborist.
C. The town may waive the requirement for a report when it is determined by the town staff that the scope of the project will not impact the significant tree(s) on site or any trees on adjacent properties.
D. A stop work order may be issued by the building official if site tree protection guidelines are not followed. (Ord. 715 § 2 (Exh. A), 2021)
20.22.100 Appeals.
Any tree permit applicant aggrieved by any action of the town relating to a tree removal permit may, within 10 days of such action, file a notice of appeal to the town council, setting forth the reasons for such appeal and the relief requested. The town council shall hear and determine the matter and may affirm, modify, or disaffirm the administrative decision within 60 days of timely appeal. (Ord. 715 § 2 (Exh. A), 2021)
20.22.110 Violation – Penalty for unpermitted tree removal.
A. A violation of any of the provisions of this chapter shall be a civil violation and any person, corporation or other entity that violates this chapter shall receive a fine of $10,000 per violation, plus $1,000 per inch of diameter (DBH) for each significant tree over 18 inches DBH that is removed without a permit; provided, that the maximum fine for the removal of each significant tree shall not exceed $25,000. It shall be a separate offense for each and every significant tree removed in violation of this chapter.
B. In addition to the penalty set forth in subsection A of this section, significant trees that were unlawfully removed or damaged shall be replaced in accordance with YPMC 20.22.080 (Tree mitigation).
C. Fines levied under this chapter shall be deposited into a tree mitigation account and shall be used by the town for acquiring, maintaining, and preserving wooded areas, and for the planting and maintenance of trees within the town’s public places and rights-of-way. (Ord. 715 § 2 (Exh. A), 2021)