Chapter 18.57
PROTECTION OF TREES AND VEGETATION
Sections:
18.57.020 Planting, removal, topping and/or pruning of public trees.
18.57.030 Tree species to be planted.
18.57.050 Tree protection and preservation.
18.57.070 Pruning – Corner clearance.
18.57.080 Dead or diseased tree removal on private property.
18.57.090 Preservation of trees on private property and with new development.
18.57.010 Intent.
It is the intent of this chapter to:
A. Promote public health, safety and general welfare of the citizens of Yelm without preventing the reasonable development and maintenance of land;
B. Preserve and enhance the city’s physical and aesthetic character by preventing indiscriminate removal or destruction of trees and groundcover, and by encouraging development that incorporates existing trees and groundcover into site development practices;
C. Retain trees for their positive environmental effects including, but not limited to, the protection of wildlife habitat;
D. Provide for the regulation of the planting, maintenance and removal of trees in the public right-of-way and on city-owned property;
E. Promote the conservation of energy;
F. Educate the public regarding urban forestry;
G. Implement the objectives of the state’s Environmental Policy Act and Growth Management Act; and
H. Implement and further the city’s comprehensive plan and other related ordinances. (Ord. 995 § 12 (Exh. A), 2015).
18.57.020 Planting, removal, topping and/or pruning of public trees.
A. Approval from the community development department shall be obtained prior to any planting, removal, topping and/or major pruning of public trees. Major pruning includes the trimming or cutting back of limbs two inches in diameter or greater, root pruning, or trimming or cutting out of branches and limbs constituting greater than 10 percent of the tree’s foliage-bearing area, and conducted in a manner that retains the natural form of the tree.
B. The location of any street trees to be planted or removed shall be identified and mapped to keep the street tree inventory current.
C. Utility companies shall notify the city prior to pruning any tree located on city-owned property for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural standards.
D. Any approval granted under this chapter shall expire six months from the date of issuance, unless approval is associated with another land use permit. If it is associated with another land use permit, the restrictions and deadlines of that approval will apply. Upon a written request, the approval not associated with another land use permit may be extended by the site plan review committee for one six-month period. Approved plans shall not be amended without being resubmitted to the city. Minor changes consistent with the original approval intent will not require a new approval. The approval may be suspended or revoked by the city because of incorrect information supplied or any violation of the provisions of this chapter. (Correspondence from 2/1/24; Ord. 995 § 12 (Exh. A), 2015).
18.57.030 Tree species to be planted.
The city of Yelm tree advisory board shall maintain a list of desirable trees for planting along city streets and rights-of-way. (Ord. 995 § 12 (Exh. A), 2015).
18.57.040 Public tree care.
A. The planting or removal of hawthorn or other trees of city historical significance located in the city right-of-way or other public place shall require approval of the city council, based on recommendation by the tree board. All other trees in the city right-of-way may be planted, pruned or removed at the discretion of the site plan review committee.
B. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
C. The city may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric pole lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest.
D. This section does not prohibit the planting of street trees by adjacent property owners; providing, that the selection and location of such trees is in accordance with Chapter 18.54 YMC.
E. Pruning methods shall comply with current American National Standard for Tree Care Operations – Tree, Shrub and Other Woody Plant Maintenance – Standard Practices. (Ord. 995 § 12 (Exh. A), 2015).
18.57.050 Tree protection and preservation.
A. All street and public trees near any excavation, demolition, or construction of any building, structure, street, or utility work must be sufficiently guarded and protected by those responsible for such work as to minimize potential injury to said trees and to maximize their chance for survival. When street and public trees are near the project, any construction permits issued by the city must be approved by the site plan review committee, who may require protective measures as specified in the Arboricultural Manual.
B. No person may destroy, injure, or deface any street tree or tree on public property by any means, including, but not limited to, the following:
1. Impede the free passage of water, air, or fertilizer to the roots of any tree, shrub, or other plant by depositing vehicles, concrete, asphalt, plastic sheeting, or other material detrimental to trees or shrubs on the tree lawn or on the ground near any tree;
2. Pour any toxic material on any tree or on the ground near any tree;
3. Cause or encourage any fire or burning near or around any tree;
4. Severely reduce the tree crown except when pruning of trees under utility wires or obstructing the right-of-way as allowed by a permit issued by the community development department;
5. Carve or attach any sign, poster, notice, or other object on any tree, or fasten any rope, wire, cable, nails, screws, staples, or other device to any tree, except as used to support a young or broken tree; however, nothing in this section shall be construed in such a manner that it forbids lighting of a decorative or seasonal nature; provided, that such lighting is not attached in such a way as to cause permanent damage to the tree.
C. No person may prevent, delay, or interfere with the director, or his/her designee, or any city employee in the execution or enforcement of the provision of this section.
D. Any person responsible for a violation of this section must pay the cost of repairing or replacing any tree or shrub damaged by the violation. The value of trees and shrubs is to be determined in accordance with the latest revision of the guide for plant appraisals as published by the International Society of Arboriculture. (Ord. 995 § 12 (Exh. A), 2015).
18.57.060 Tree topping.
It is unlawful for any person, firm or city department to top any street tree, park tree, or other tree on public property. “Topping” is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the site plan review committee. (Ord. 995 § 12 (Exh. A), 2015).
18.57.070 Pruning – Corner clearance.
Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the streetfront or interferes with visibility of any traffic-control device or sign. (Ord. 995 § 12 (Exh. A), 2015).
18.57.080 Dead or diseased tree removal on private property.
The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitutes a potential threat to other trees within the city. (Ord. 995 § 12 (Exh. A), 2015).
18.57.090 Preservation of trees on private property and with new development.
This section shall apply to any new development or substantial addition to an existing development, and to unimproved lots within the city.
A. No existing trees shall be removed until a final decision is made regarding the feasibility of preserving existing trees; and
B. Land clearing shall be undertaken in such a manner as to preserve and enhance the city’s aesthetic character. The site shall be revegetated and landscaped as soon as practicable, in accordance with an approved revegetation plan. The revegetation plan shall include plantings along public streets and adjoining property boundaries, especially between areas of differing intensities of development.
C. All site plans shall include the location of all trees to be retained and removed (species, diameter and condition) exceeding eight inches in diameter (measured at four and one-half feet from the base of the tree) that are affected by development. Those trees or groups of trees to be retained are to be drawn and identified with their protection zone on the site plan. (Ord. 995 § 12 (Exh. A), 2015).
18.57.100 Standards.
All land clearing not exempt under YMC 18.57.120 shall conform to the approved plan and the following standards and provisions unless alternate procedures that are equal to or superior in achieving the purposes of this chapter are authorized in writing by the site plan review committee:
A. Land clearing in designated greenbelt or buffer areas of approved and recorded subdivisions or approved projects which would substantially alter the character or purpose of such greenbelt or buffer areas is prohibited; greenbelt and buffer areas include any areas of a project or development that are intended to remain in a natural condition and/or private permanent open space, or to serve as a buffer between properties or developments;
B. Land clearing shall be accomplished in a manner that will not create or contribute to landslides, accelerated soil creep, settlement and subsidence on the subject property and/or adjoining properties;
C. The proposal shall contain provisions for the preservation of natural land and water features, vegetation, drainage, and other indigenous features of the site;
D. Land clearing shall be accomplished in a manner that will not create or contribute to flooding, erosion or increased turbidity, siltation, or other form of pollution in a watercourse;
E. Land clearing in wetlands, and fish and wildlife habitat areas shall be in accordance with the provisions of Chapter 18.21 YMC;
F. Any trees to be retained shall be flagged or otherwise marked in some manner so as to make it clear the tree or groups of trees are to be retained;
G. Any trees or groups of trees to be retained shall have temporary fencing installed around the drip line. The protective fencing is to be installed prior to any site work. Machinery shall be kept outside of the drip line of trees designated for retention. The site plan review committee may require fencing beyond the drip line if, in the committee’s determination, such additional protection is needed to protect the tree from damage. Trees designated for retention shall not be damaged by scoring, ground surface level changes, compaction of soil, attaching objects to trees, altering drainage or any other activities that may cause damage of roots, trunks, or surrounding groundcover; and
H. Any trees designated for retention shall be field verified by the site plan review committee before land clearing begins. (Ord. 995 § 12 (Exh. A), 2015).
18.57.110 Exemptions.
The following shall be exempt from the provisions of this chapter:
A. Land clearing in emergency situations involving immediate danger to life or property;
B. Clearing of dead, diseased or hazardous trees, after verification by the site plan review committee. A hazardous tree is any tree that due to its health or location presents a risk to public safety. The site plan review committee may require reasonable documentation of the physical condition of any tree prior to approving its removal;
C. Clearing of trees that act as obstructions at intersections in accordance with this code; and
D. Land clearing associated with tree farming operations specifically preempted by Chapter 76.09 RCW, Washington Forest Practices Act; provided, that a harvesting and reforestation plan is submitted to the site plan review committee prior to any land clearing. (Ord. 995 § 12 (Exh. A), 2015).