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HomeMy WebLinkAboutORD 6076and CITY OF RENTON, WASHINGTON ORDINANCE NO. 6076' AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON; AMENDING SUBSECTIONS 4-2-110.A, 4-2-110.E.6, AND 4-2-110.E.32; SECTION 4-4-130; SUBSECTIONS 4-8-120.D.1- AND 4-8-120.D.20; SECTION 4-9-195; AND DEFINITIONS IN SECTIONS 4-11-040, 4-11-120, AND 4-11-200; REVISING TREE RETENTION AND LAND CLEARING REGULATIONS IN THE RENTON MUNICIPAL CODE; AUTHORIZING CORRECTIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. i WHEREAS, the City of Renton ("City") recognizes that trees are valued natural resources; WHEREAS, current development regulations pertaining to tree retention and land clearing do not provide sufficient protections for tree preservation; and WHEREAS, the City seeks to revise standards for tree retention and land clearing regulations; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on December 13, 2021, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on January 19, 2022, considered all relevant matters, and heard all parties in support or opposition, and ;subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: 1 ORDINANCE NO. 6076 SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-2-110.A of the Renton Municipal Code is amended as shown in Attachment A. SECTION Ill. Subsections 4-2-110.E.6 and 4-2-110.E.32 of the Renton. Municipal Code are amended as shown below. All other provisions in 4-2-110.E remain in effect and unchanged. 6. yea. Within subdivisions, the minimum front yard and secondary front yard setback may be reduced to no less than twenty feet (20') provided the applicant can demonstrate to the Administrator's satisfaction that the setback reduction is necessary to preserve and maintain a landmark tree within a tree protection tract, as each term is defined in RMC 4-11-200 Definitions T An arborist report, pursuant to RMC 4-8-120.D.1 shall be prepared and provided to the City for review and concurrence, demonstrating that the setback reduction and project proposal serves to preserve the critical root zone of the tree within a tree protection tract. 32. wed. In order ensure compliance with Tier 1 requirements for Tree Preservation Priority, pursuant to RMC 4-4-130.H 2 a lot size and lot dimensions of the zone may be decreased by a maximum of ten percent (10%) provided the applicant can demonstrate to the Administrator's satisfaction that the reduction is necessary to ensure the preservation of all significant trees as defined in RMC 4-11-200, required for retention within dedicated tracts) pursuant to RMC 4-4-130.H.1.a, Minimum Tree Retention Requirements OA ORDINANCE NO. 6076 SECTION IV. Section 4-4-130 of the Renton Municipal Code is amended as follows: 4-4-130 TREE RETENTION AND LAND CLEARING REGULATIONS: A. PURPOSE: This Section provides regulations for the clearing of land and the protection and preservation of trees, shrubs, and ground cover plants. The purposes of these regulations are to: 6 1. Preserve and enhance the City's physical and aesthetic character by minimizing indiscriminate removal or destruction of trees, shrubs and ground cover; 2.Implement and further the goals and policies of the City's Comprehensive Plan for the environment, open space; wildlife habitat, vegetation, resources, surface drainage, watersheds, and economics; 3. Promote land development practices that result in minimal adverse disturbance to existing vegetation and soils within the City while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; 4. Minimize surface water and groundwater runoff and diversion, and aid in the stabilization of soil, and minimize erosion and sedimentation, and minimize 3 ORDINANCE NO. 6076 the need for additional storm drainage facilities caused by the destabilization of soils; 5. Retain clusters of trees for the abatement of noise and for wind protection, and reduce air pollution by, producing pure oxygen from carbon dioxide; 6. Protect trees during construction activities from damage to tree roots, trunks, and branches; and 7. Recognize that trees increase real estate values. B. APPLICABILITY: The regulations of this Section apply to any developed lot, and property where land development or routine vegetation management activities are undertaken ior planned. C. ALLOWED TREE REMOVAL ACTIVITIES: Tree removal, vegetation management, -and associated use of mechanical equipment is permitted as follows, without the requirement of a routine vegetation management permit, except as provided in subsection D.3 of this Section, Restrictions for Critical Areas — General, and in RMC 4-3-110€5, Urban Separator Overlay Regulations:. Emee t as stated ; „bseetiAn ro „fthis c +•„ c 1. Emergency Situations: Removal of trees and/or ground cover by the City and/or public or private utility in emergency situations involving immediate 4 ORDINANCE NO. 6076 danger to life or property, substantial fire hazards, or interruption of services provided by a utility. 2. DaRgeFGus Hieh=Risk Trees: Removal of a daRgeFeus high -risk tree, as defined in RMC 4-11-200, Definitions T, that has been certified as such, by an arborist with an International Society of Arboriculture (ISA) Tree Risk Assessment Qualification. (TRAQ), provided the removal is limited to three (3) high -risk trees within a one (1)-year period and no landmark trees are proposed for removal A routine vegetation management Permit is required for the removal of more than three (3) high -risk trees within a ones (1)-year period and for the removal of high - risk landmark trees. a City appFeved, liee sed landscape ePrtffif0tQd � 3. Maintenance Activities/Essential Tree Removal — Public or Private Utilities, Roads and Public Parks: Maintenance activities including routine vegetation management and essential tree removal for -public and private utilities, road rights -of -way and easements, and public parks. 4. Installation of SEPA Exempt Public or Private Utilities: Removal of vegetation necessary for the tinstallation of distribution lines by public and private utilities not including any significant tree removal; provided, that such activities are categorically exempt from the provisions of the State Environmental Policy Act and RMC 4-9-070, Environmental Review Procedures. 5 ORDINANCE NO. 6076 S. Existing and Ongoing Agricultural Activities:, Clearing associated with existing and ongoing agricultural activities as defined in RIVIC 4-11-010, Definitions A. 6. Commercial Nurseries or Tree Farms: Removal of only those; trees f which are planted and growing on the premises of a licensed retailer or wholesaler. 7. Public Road Expansion: Expansion of public roads, unless critical) areas would be affected (refer to subsection C.12 of this Section, Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved Right -of -Way or Easements). 8. Site Investigative Work: Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests, and ,other related activities including the use of mechanical equipment to perform site investigative work, provided the work is conducted in accordance with the following requirements: a. No tree removal shall occur as part of the )investigative work. Tree alteration shall be limited to the removal of fallen tree debris and minor tree pruning, with supervision by an ISA certified arborist or American Society of Consulting Arborists (ASCA) certified consultant. five peFeeicit o i SeF+i,°eStriEtienSfer Eritieal AFeasG^^^F,l eiri the b + ff8pe..+ ease, impaatsshall be Fn�„imi-zed anddw d ia+ aFbcv aaoo cS+„ cv- , A ORDINANCE NO. 6076 b. With the exception of the removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Control Board or other government agency, no vegetation or ground cover removal shall occur as part of the investigative work. Vegetation or ground cover alteration shall be limited to the removal of vegetation debris and pruning of shrubs and ground cover, with supervision by an ISA certified arborist or ASCA certified consultant. In every location where site investigative work is conducted, disturbed areas shall be minimized, and immediately restored with native ground cover. c. A notice shall be posted on the site by the property owner or owner's agent indicating that site investigative work is being conducted, and that the WeF d. No site investigative work shall commence without first notifying the Administrator. 9. Minor Tree Removal Activities: Removal of up to two (2) significant trees within a one (1) year period, but no more than five (5) significant trees within a five (5)-year period, provided the removal is conducted in accordance with the following requirements: a. There is no active land development permit, as defined in RMC 4-11- 120, Definitions L, or submitted application for said permit for the subject site- b. The tree proposed for removal is not a protected tree or a landmark tree, as defined in RMC 4-11-200, Definitions T: 7 ORDINANCE NO. 6076 c. The tree proposed for removal is not located within ten feet (10') of a surface parking lot with ten (10) or more parking spaces; d. The tree proposed for removal is not one of the only two (2) significant trees remaining on the lot, unless identified as a high -risk tree consistent with subsection C.2 of this Section: and e. In conducting minor tree removal activities rights -of -ways shall remain unobstructed unless a right-of-way use permit is obtained. AFeas - GeReFal ro.,...yal e,f trees and tee use h I equipment is A mumbeF of significant signifleaRt he r-erMe-ved mmi.m.-her -of tFpp6*lrCd to ire five vea +Mee!* allommed- fie\ be removed (5) f Lets , sq. ft. ,.2 4 Lets is 1 n 00 te. -3 � I „tS gFeateF 20,001 Sq ft. ra 42 ORDINANCE NO. 6076 a. There i e+ 4..n I .terrin.inlnpmnr+ rlie +' fOFthe + h The trees r, e.d for r .-.I are net r. + + 'd + Th + + I-.,,d.„.,rl. tree. .d e, , � e u e e i� nv�-wnvrrrurTcr�z,Zr',�'-rc izened , as speeified On ... -,hln heleThe tree density may eensist isting inFltl�es a fraetien of a tree, any amewnt equal +e e gFeateF +h..R e e half (1 /2) ch-ill her .,.,,deal up;ert Type of Residential De••elopmer.+ IiAan0M�,m Tree oemiw AA„I A44Y ade.aelepmem Fe..r /41 a r.ifir .e+ s$ fer e.aer.a five (attached dwellings? i f Single f-.. +4y ade.aele..mee+ T..ae (2) a pifi. ant -qd for a y five (dam dwellmRgs):2 i f& 0 ORDINANCE NO. 6076 10. Landscaping or Gardening Permitted: Land clearing in conformance with the provisions of subsection C.9 of this Section, Minor Tree Removal Activities, and subsection D.3 of this Section, Restrictions for Critical Areas — General, is permitted for purposes of landscaping or gardening; FeVided, that ne 11.Operational Mining/Quarrying: Land clearing and tree removal associated with previously approved operational mining and quarrying activities. 12. Utilities, Traffic Control, Walkways, Bikeways within Existing, Improved Rights -of -Way or Easements: Within existing improved public road rights -of -way or easements, installation, construction, replacement, operation; overbuilding, or alteration of all natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control 10 ORDINANCE NO. 6076 0 devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. Restoration of disturbed areas shall be completed. 13. Land Development Permit Required: Tree removal authorized by a land development permit' ano Development o '+ D. PROHIBITED ACTIVITIES: - 1. Tree Gutting -Removal in Advance of Issuance of Land Development Permit: There shall be no tree removal or land clearing on any site for the sake of preparing that site for future development unless a land development permit &-*nd Dever^..,. em o^.... it as defined in RMC 4-11-120, Definitions L, has been approved by the City for the subject site. feF the Gity apPF9ved site 2. Tree CuttFng—Removal or Vegetation Management without the Required ReUtilRe Vege+atinen U-2n..gs.. ent Permit• a. Tree eut-tingremoval in excess of the limits established in subsection C.9 of this Section, Minor Tree Removal Activities, is prohibited unless a #routine Vv_egetation Mmanagement Permit or land development permit has been granted. b. Routine vegetation management on an undeveloped property without a routine Vvegetation Whanagement permit is prohibited. I J c. Removal of a landmark tree, as defined in RMC 4-11-200 Definitions T, is prohibited unless a routine vegetation management permit or land development permit has been granted. Use of ^^^ ^ pt Fn^^ha^' al equipment 11 ORDINANCE NO. 6076 3. Restrictions for Critical Areas — General: Unless exempted by critical areas, RMC 4-3-050.C§ or Shoreline Master Program Regulations, RMC 4-3-090, no tree removal, or land clearing, or ground cover management is permitted: a. On portions of property with: i. Critical areas, pursuant to RMC 4-3-050.6, Applicability; and ii. Buffers associated with shorelines of• the State, pursuant to RMC 4-3-090, Shoreline Master Program Regulations. Allowed tree removal and vegetation management activities within the Shoreline buffer can be found in RMC 4-3-090_F,1.i, Vegetation Management. b. On protected slopes except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050; or c. Areas classified as very high landslide hazards, except as allowed in this Section or in the Critical Areas Regulations, RMC 4-3-050. ` 4. Restrictions for Native Growth Protection Areas: Tree removal or land clearing shall not be permitted within a native growth protection area except as provided in RMC 4-3-050.G.3, Native Growth Protection Areas. 5. Tree Topping: Tree topping shall be prohibited unless the City has approved the tree for removal. 12 ORDINANCE NO. 6076 E. REVIEW AUTHORITY: 1. Authority and Interpretation: The Community and Economic Development Administrator is authorized and directed to interpret and enforce all the provisions of this Section when no other permit or approval requires Hearing Examiner review. The Administrator may require retention above the minimum standards, to require phasing of tree retention plans, or to require any other measures to meet the purpose of this Section. 2. Independent Secondary Review: The Administrator may require independent review of any arborist report or tree retention/land clearing (tree inventory) plan land use app4ea*l^^ that involves tree removal and land clearing at the City's discretion. Ap-The independent secondary review would include an evaluation by an independent qualified professional regarding the applicant's or arborist's analysis en the effeetiveaes of any proposed removal, retention, mitigation, or replacement measures, to -and may include recommendations as appropriate. This review shall be paid for by the applicant, and the City shall select the third -party review professional. F. PERMITS REQUIRED: 1. Land Development Permit Required for Site Preparation: An approved land development permit, as defined in RMC 4-11-120, Definitions L, is required 13 ORDINANCE NO. 6076 in order to conduct tree removal or land clearing on any site for the sake of preparing that site for future development. 2. Routine Vegetation Management Permit Required for the Following Activities: a. Routine Vegetation Management on Undeveloped Properties: Any person who performs routine vegetation management, as defined in RMC 4-11- 180, Definitions R, on undeveloped property in the City must obtain a #routine Vvegetation Af}management Rpermit prior to performing such work. Use of Upah;;inmc2l €qualament; Except where—me-h;; rrr--;31 PAec-haF;ieal equipment feF F9utine vegetaatien management, land elearing- Fee eb. Tree Removal in Excess of Maximum Allowance: A rRoutine Vvegetation Mmanagement Rpermit shall be required for tree cutting in greater amounts than specified under subsection C.9 of this Section, Minor Tree Removal Activities, where tree cutting is proposed without an associated land development permit , and Develepment Per '+. Any tree cutting activities shall be the minimum necessary to accomplish the intended purpose, and shall be consistent with subsection D.3 of this Section, Restrictions for Critical Areas - General. Trees removed in excess of the maximum amount allowed under subsection C.9 of this Section, Minor Tree Removal Activities, shall be subject to RMC 4-4-130.'H.1.e, 14 ORDINANCE NO. 6076 Replacement Requirements, unless determined by the, Administrator to be unfeasible in the specific case. dc. Removal of Landmark Tree: A land development permit Lamed Devele^. ent oeOmi+'or Aroutine Vvegetation Mmanagement Ppermit shall be required for whir" expli..i+I„ .,pPF9„^� the removal of a landmark tree, as defined by RMC 4-11-200, Definitions T, from any property. Replacement trees are required if the minimum tree de+ sitycredit reauirement for the subject property is not maintained upon removal of the landmark tree pursuant to subsection H.1.b of this Section. Removal of a landmark tree may be granted for situations where: i. The tree is determined to be a dange— is -high -risk tree; or ii. The tree is causing obvious physical damage to S,.,�+, uses inelu eng but net lknote +^ buildings feundatieRs(over two hundred (200) 'square feelb driveways,.-ef parking lots, or utilities, and it can be demonstrated ',to the Administrator's satisfaction that fnr whir -no reasonable alternatives to tree removal exists, including tree root pruning tree root barriers tree cabling, or Preventive maintenance, such as cleaning leaf debris deadwood removal or directional/clearance pruning; or Routine Fnaintena^e^ of reef that iSe, a due te leaf fall dees net Genstitute ebyiews physic -al damage te i iii. Removal of tree(s) to provide solar access to buildings incorporating active solar devices. Windows are solar devices only when they are south -facing and include special storage elements to distribute heat energy; or 15 ORDINANCE NO. 6076 iv. The Administrator determines the removal is necessary to achieve a specific and articulable purpose or goal of this Title. 3. Conditional Use Permit Required for Timber Stand Thinning: While timber harvesting shall not be permitted until such time as a valid land development is approved, a request may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand. Permits allowing thinning beyond the limits allowed in subsection C.9 of this Section, Minor Tree Removal Activities, shall be considered as a !✓conditional 1Juse Apermit by the Hearing Examiner according to the following criteria: a. Appropriate approvals have been sought and obtained with the Washington State Department of Natural Resources; and b. The activity shall improve the health and growth of the stand and maintain long-term alternatives for preservation of trees; and c. The activity shall meet the provisions of subsections 444H.5, Applicability, Performance Standards and Alternates, and 45H.6, General Review Criteria, of this Section; and d. Thinning activities shall conform to the basal area density recommendations of the Washington State Department of Natural Resources, but shall not reduce the volume of tree canopy by more than forty percent (40%); and e. A Ttree Aretention/i`land Eclearing (Ttree l:inventory) Izplan, as defined in RMC 4-8-120.D.20, Definitions T, shall be required. G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS: 16 ORDINANCE NO. 6076 Permits for routine vegetation management shall be processed consistent with RMC 4-9-195, Routine Vegetation Management Permits. H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENTX#6 PERMITS: 1. Protected Trees : iRTrees required to be retained or planted pursuant to subsection H.1 a of this Section, of rr^^ Rete tier Based on Z , are considered ``protected trees, as defined in RMC 4-11-200, Definitions T." trees y 6GRtFibutete eaGh sid + iRdi.,id6lal lE)tS Fni„i^,,.w. +r^^ dd + + + •" + + + + I _ __"eF shall the f tram• that aFe FegUaFed to be to d ferthe i d n^ I + o -•+ o + + tram• that rin RGt 69RtFibute to a let's FeqWiFed ed d •+ miRimum tFee shall be he'd riih-set-tine G of this SeGtien, Allewed Tree Reemeval AetiyltlesgIsnlfieant Protected trees shall be retained or planted as follows: a. ae,...entage Gf Minimum Tree Retention Requirements Barpel an Zones: Properties subject to an active land development permit - &-m4 Development PeFFAi+ 9F bUildiRe •+ shall retain the fellewing p .,+.,ge f a minimum of thirty percent (30%) of all significant trees on -site. based ^^ +"^ 17 ORDINANCE NO. 6076 b. Tree Credit Requirements: With the exception of interior remodels not involving any building addition, removal of trees or alteration of impervious areas, properties subject to an active land development permit shall comply with all of the following minimum tree credit requirements and apply the tree' credit value table at (H.1.b.v). i. Tree credit requirements shall apply at a minimum rate of thirty (30) credits per net acre. ii. Either tree retention or a combination of tree retention and supplemental tree planting (with new small medium or large tree species) shall be provided to meet or exceed the minimum tree credits required for the site. I& ORDINANCE NO. 6076 iii. Supplemental tree planting shall consist of new small, medium, or large species trees, as defined in RIVIC 4-11-200, Definitions T. The Supplemental trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet (6') tall. The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed supplemental trees. iv. Within subdivisions, location of supplemental tree replanting shall be prioritized within tree tract(s) versus individual lots. v. Tree credit valde for each tree, existing or new, is assigned as shown in the following table: TREE SIZE TREE CREDITS New small species tree 0.25. New medium species tree 1 New large species tree 2 Preserved tree 6-9 caliper inches 4 Preserved tree 10-12 caliper inches 5 Preserved tree 12-15 caliper inches 6 Preserved tree 16-18 caliper inches 7 Preserved tree 19-21 caliper inches 8 Preserved tree 22-24 caliper inches 9 Preserved tree 25-28 caliper inches 10 19 i ORDINANCE NO. 6076 0 TREE SIZE TREE CREDITS Preserved tree 29-32 caliper inches 11 Preserved tree 33-36 caliper inches 12 Preserved tree 37 caliper inches and greater 13 Example: A 0.22 net acre (9,583.2 square feet) lot would need seven (7) tree credits (30 x 0.22 = 6.6, rounded up to 7). The tree credit requirements for the lot could be met by retaining one (1) existing seventeen -inch (17") tree (seven (7) tree credits) or by plantink three (3) new large species trees (two (2) tree credits each) and one (1) new medium species tree (one (1) tree credit). #c. Priority of Tree Retention Requirements: All significant trees required to be retained shall be preserved in the priority order listed below, with Priority One trees being the highest priority. Applications'that propose retention of lower priority trees in lieu of Priority One trees must demonstrate in writing to the Administrator's satisfaction that: (1) all reasonable efforts have been taken to preserve trees utilizing the highest priority possible (2) that retention of'higher priority trees is not feasible or practical for the project site and (3) that the project proposal meets or exceeds the purposes and intent of this Section. Significant trees shall be retained in the following priority order: Priority One i. Landmark trees: ii. Significant trees that form a continuous canopy: iii. Significant trees on slopes greater than twenty percent (20%); iv. Significant trees adjacent to critical areas and their associated buffers• v. Significant trees over sixty feet (60') in height or greater than eighteen inches (18") caliper; and V 20 ' ORDINANCE NO. 6076 vi. Trees that shelter interior trees or trees on abutting properties from strong winds, which could otherwise allow such sheltered trees to be blown down if removed. Priority i_ Healthy tree groupings whose associated undergrowth can be preserved; Two Li. Other significant native evergreen or deciduous trees; and iii. Other significant non-native trees. Priority Three Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained, unless the alders and/or cottonwoods are used as part of an approved enhancement project within a critical area or its buffer. PFi9r'ity 1: Cai rdnaFl( t Fee&j 1 �F CignifiGant trees that feFFy i Signif'r nt tFpes en slepe g FeateF than twenty peFGeFA ; 1 l\/ Signlfirzant tFeesadja An} T� to GFitiGal aFeas and thei asseeiated i feet (60') in height e gFeateF thaneighteen 0nehes (98") ealipeF PFi9F;t „ } HealthytFee— TWG where a ec-m-.tp-d- URGI FgFeWth rnn b 21 ORDINANCE NO. 6076 n+h:, eyeFgFeen nifiGan+ native er deeidueu s d 4i. n+hersigFiifieamFieFi n Ratve Fees. Menty AldderS and ++enweed, shall ThrPP be retained- ;.,hen .+II ether been evaluated fer re+en+ien and -.re net ahle to he retained) unless the -,Idler.. and�eF eettenweeds are used enhaneemen+ n eet within a rri+ir alarea r itS bu ffer ed. Calculating Tree Retention: Tree retention standards shall be applied to the developable area, as defined in RIVIC 4-11-040, Definitions D of a propertland d_within crit'�GaI, areas andtheir aaffer3, pebli�riShts-ofHY, 'private RUD streets; shaFeddF+veways, and Land within public trails shall be excluded for calculation of tree retention provided the trail design serves to'retain Priority One trees, pursuant to subsection H.1.c of this Section}. If th\e number t$ be retaone,l of trees required for compliance with minimum tree retention or minimum tree credit requirements includes a fraction of a tree, any amount equal to or greater than one-half (1/2) tree shall be rounded up. retained, er newly planted, trees thatsatisfythe let's minimklm tree deRsity 22 ORDINANCE NO. 6076 t. Any PFGteeted tree, whether retained eF Re;a„ y p:aRted, th,;# ;n e. Replacement Requirements: !!s an alternative to retaining tFees-, The Administrator may authorize the planting of replacement trees'.. as an alternative to retaininetrees in conformance with subsection H 1 a of this Section en the site if-n[q ided it can be demonstrated to the Administrator's satisfaction that an insufficient number of trees can be retained, the proposed removal and replacement is the minimum necessary to accomplish the desired purpose and the tree replacement complies with the following:- L Replacement Criteria: Replacement planting in lieu of minimum tree retention may be granted for situations where: (a) There are special circumstances related to the size shape topography, location or surroundings of the subject property; or (b) The strict application of the code would prevent reasonable use of property; or (c) The strict application of the code would prevent compliance with minimum density requirements of the zone; or (d) The project is a short plat with four (4) or fewer lots. H. Replacement Quantity and Standards: When the minimum number of protected trees cannot be retained replacement trees with at feast a 23 ORDINANCE NO. 6076 two-inch (29 caliper, or evergreen trees at least six feet (6') tall shall be planted based on the tree credit value of each protected tree removed pursuant to the table shown in subsection H.1.b of this Section. The protected trees used for calculating required credit replacement shall be determined based on the priority order of the significant trees proposed for removal on -site. Replacement trees shall not contribute to the total credits required pursuant to subsection H 1 b of this Section. The City may require a surety or bond to ensure the survival of replacement trees. iii. Replacement Tree Species: The Administrator shall have the authority to approve deny, or restrict the tree species for proposed replacement trees. , FeplacemeRt`, 9 an evergreen at least sim feet(6') tall, shall be planted at ar;-iteA-f t.Axp-lve (12) er beffeF,they shall net eensist ef-the fella • 24 ORDINANCE NO. 6076 nigra " I•talmea),ets.; (c) Salem spieGies, which IRr--- willow (Sa4* balayleniea)ets.; and etc- i4f. Fee in Lieu: When the Administrator determines that it is infeasible to replace or supplement trees on the site, payment into the City's Urban Forestry Program fund may be approved in an amount of money approximating the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. 2. Tree Retention within Subdivisions Pratpc+aan Tract: Trees retention within subdivisions shall be conducted in accordance with the following requirements: repaired to be retaieede.; pre�eeted tT�'�a�a neGessaFy t9 P ..ide the r Hi ed FRORiFlAUMtree density fer re-Sid-p-Rt-mal lets, shall 25 ORDINANCE NO. 6076 of all eretetted trees' ti„•.,,,ye multiple tFee + +'„ + + may be appFeved if it can be de RStF ted to the d + at F' satisfaetieR, that multiple t i tFaets a. App4+eabi1+tree Preservation Priority: T-Fe , pFete6teRR +...,. g rh All trees required to be retained within a subdivision shall be preserved in the priority order listed below, with Tier 1 being the highest priority. Applications that propose i compliance with a lower priority tier, or a combination of tiers must demonstrate in writing to the Administrator's satisfaction that: (1) all reasonable efforts have been taken to preserve trees utilizing the highest priority tier possible (2) that compliance with a higher tier is not feasible or practical for the project site and (3) that the project proposal meets or exceeds the purposes and intent of this Section. Tree preservation shall be prioritized as follows: I. Tier 1— Tree Protection Tract. Protection of trees or groves by placement within a dedicated tract. ii. Tier 2— Tree Protection Easement or Restrictive Covenant. Protection of trees or groves by recordation of a permanent tree protection easement (for groves of trees) or a restrictive covenant (for individual trees') ill. Tier 3— Retention and Mitigation. Retention and removal of trees, with subsequent mitigation by replanting. 26 ORDINANCE NO. 6076 iv. Tier 4— Fee in Lieu of Planting. Fee in lieu of planting pursuant to subsection H.1.f of this Section. b. Tree Protection Tract and Easement Standards: L Tree protection tracts and easements should consist: of an aggregation of trees occupying a specific area and sufficiently uniform in species composition, size, age, arrangement, and condition as to be distinguished from adjoining areas; ii. Trees shall be retained and maintained pursuant to the recommendations of an ISA certified arborist or ASCA certified consultanta-CAy iii. Amenities, as approved by the Administrator, may be installed to facilitate passive recreation within the tract or easement. Such amenities might include, but are not limited to, benches, picnic tables, and soft surface (semi- permeable) trails. c. Replacement and Supplemental Planting Locations: The planting of all replacement trees or supplemental trees shall be prioritized within tree protection tract(s) or tree protection easement(s), when applicable, to the maximum extent feasible to provide for adequate tree growth and heath. ed. Deed Restriction: The permit holder shall establish and record a permanent and irrevocable deed restriction on the property title of any tree protection tract or tFaets easement created as a condition of a 27 Il ORDINANCE NO. 6076 permit. Such deed restriction(s) shall prohibit development, alteration, or disturbance within the tract or easement except for purposes of installing Administrator approved amenities, or habitat enhancement activities as part of an enhancement project, which has received prior written approval from the I, City. A covenant shall be placed on tI4e-attract restricting its separate sale. de. Fencing: The City shall require permanent fencing of the .tree protection tract or easement. This shall be accomplished by installing a wood, split -rail fence with applicable signage. The Administrator may approve pedestrian-sizedopenings for the purpose of facilitating passive recreation. within the tract for the benefit of the community. The Administrator may authorize alternate styles and/or materials for the required fencing. ef. Signage Required: The common boundary between a' tree protection tract and the abutting land must be permanently identified. This identification shall include permanent wood or metal signs on treated wood, or metal posts. Sign locations and size specifications are subject to City review for approval. Suggested wording is as follows: "Protection of these trees is 'in your care. Alteration or disturbance is prohibited by law." fg. Responsibility for Ownership and Maintenance: The relevant homeowners' association, abutting lot owners, the permit applicant or designee, or other City approved entity shall have ownership and responsibility for maintaining the tree protection tract(s), easement(s), and protected trees. 28 ORDINANCE NO. 6076 gh. Maintenance Covenant and Note Required: The following note shall appear on the face of all plats, short plats, PUDs, or other approved site plans containing at least one tree protection tract or easement, and shall also be recorded as a covenant running with the land on the title of record for all affected lots on the title: "MAINTENANCE RESPONSIBILITY: All owners of lots created by or benefiting from this City action -are responsible for maintenance and protection of the tree protection tract easement. Maintenance includes ensuring that no alterations occur within the tract easement and that all vegetation remains undisturbed unless the express written authorization of the City has been received." 3. Tree Retention/Land Clearink (Tree Inventory) Plan Required: When a land development permit Land Development PeFmi*, as defined in RMC 4-11-120, is submitted to the City it shall be accompanied by a Ttree Rretention/1=1and C-clearing (Ttree linventory) Rplan ^'^{fined- k7 pursuant to RMC 4-8-12082-9, Submittal Requirements — Specific to Application Type. 4. Arborist Report Required: When a land development permit, as defined in RMC 4-11-120, is submitted to the City it shall be accompanied by an Arborist Report pursuant to RMC 4-8-120, Submittal Requirements — Specific to Application Type. 4S. Applicability, Performance Standards and Alternates: All land clearing and tree removal activities shall conform to the criteria and performance standards set forth in this Section unless otherwise recommended in an approved 29 ORDINANCE NO. 6076 soil engineering, engineering geology, hydrology, or forest management plan and where the alternate procedures will be equal to or superior in achieving the purposes of this Section. All land clearing and tree removal activities may be conditioned to ensure that the standards, criteria, and purposes of this Section are met. 66. General Review Criteria: All land clearing and tree removal activities shall comply with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and shall meet the following criteria: a. The land clearing and tree removal will not create or contribute to landslides, accelerated soil creep, settlement or subsidence, flooding, erosion, or increased turbidity, siltation, or other form of pollution in a watercourse. b. Land clearing and tree removal will be conducted to maintain or provide visual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions of the Renton Municipal Code. c. Land clearing and tree removal shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with an approved build -out schedule and including any necessary erosion control measures. d. Land clearing and tree removal shall be consistent with subsection D.3 of this Section, Restrictions for Critical Areas — General, and RMC 4-3-050, Critical Areas Regulations. 30 ORDINANCE NO. 6076 e. The land clearing and tree removal shall not create or contribute to a hazardous condition, such as increased potential for blowdown, pest infestation, disease, or other problems that may result from selectively removing trees and other vegetation from a lot. f. Land clearing and tree removal shall be conducted to maximize the preservation of any tree in good health that is an outstanding specimen because of its size, form, shape, age, color, rarity, or other distinction as a community landmark. 67. Timing: The City may restrict the timing of the land clearing and tree removal activities to specific dates and/or seasons when such restrictions are necessary for the public health, safety and welfare, or for the protection of the environment. -78. Restrictions for Critical Areas: See subsection D.3 of this Section, Restrictions for Critical Areas — General, and RMC 4-3-050, Critical Areas Regulations. 99. Condition Measures for Tree/Ground Cover Retention: The following measures may be used in conditioning 'a land development permit or building permit proposal, to comply with the general review criteria of subsection f,,5-H_6 of this Section, General Review Criteria: a. Trees shall be maintained to the maximum extent feasible on the property where they are growing. Modification of the tree retention and land, 31 ORDINANCE NO. 6076 clearing plan, or the associated land development permit I andDeyelepmeR+ PeFFRit, may be required to ensure the retention of the maximum number of trees. b. The applicant may be required to replace trees, provide interim erosion control, hydroseed exposed soils, or other similar conditions which would implement the intent of this Section. c. Trees that shelter interior trees or trees on abutting properties from strong winds that could otherwise cause them to blow down should be retained. 010. Protection Measures During Construction: Protection measures in this subsection shall apply for all trees that are.to be retained on -site and off -site. Off -site trees containing drip lines that encroach onto the site under construction shall be considered protected trees unless the applicant obtains written permission from the abutting property owner to remove the off -site trees'and it is determined that the tree removal on the abutting property ewneFis in compliance with subsection C of this Section, Allowed Tree Removal Activities. All of the following tree protection measures shall apply: aGenstrUstiGR Sterage Prohibited; T�applieafit Fnay net foil, fluids, epeFate any equipment, SUFfar=er t the earth I i ba. teR,.e.a Prot igion Area oegUiFed Temporary Tree Protection Fencing: Prior to development activities, the applicant shall erect and maintain a six-foot (6') high, post -driven, chain -link temporary construction fence++g around 32 ORDINANCE NO. 6076 the drip lines of all retained trees, or if a tree protection tract or easement is provided, ^+ •air+aR. -,, ..,di.,., the tFee equal +., ARP and e aFt feet (9 1f4') fer eveFyene inch(1")-ef tFUnk eager, whieheveF iS gFeateF,along the perimeter of the& tree protection tract or easement. The temporary tree protection fencing shall be installed with steel posts driven at a depth that will adequately ensure the fence remains in an upright position for the duration of the development. The temporary tree protection fencing shall not be disturbed, removed, or relocated until the conclusion of construction activities. Protected trees may be fenced individually or in groups -of trees. Individual treesshall be fenced on four (4) sides. If some tree or vegetation removal is necessary in order to gain access to -retained trees for the purposes of installing temporary tree protection fencing, the applicant shall submit a phased tree removal plan for review and approval by the Administrator, prior to all development activities. I.,.di\,i.dll-+I trees shall h� f,.r.r,A.d 9R d'euF /A\ sides. 114 a d.ditieR b. Tree Protection Signage: Signage shall be placed on the tree protection fencing at intervals of no more than twenty feet (20') along the entirety of the protective tree fence. The sign(s) shall be designed, constructed, and 33 ORDINANCE NO. 6076 installed in accordance with official specifications provided by the Administrator and shall convey the information deemed necessary by the Administrator. c.'Construction Storage Prohibited: The applicant may not fill, excavate, stack, or store any equipment, dispose of any materials, supplies or fluids, operate any equipment, or compact the earth in any way within the area defined by the drip line of any tree to be retained. ed. Protection from Grade Changes: If the grade level adjoining to a tree to be retained is to be raised, the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree3 drip line. de. Impervious Surfaces Prohibited within the Drip Line: The applicant may not install impervious surface material within the area defined by the drip line of any tree to be retained, unless otherwise approved by the City. f. Utilities Prohibited Within the Drip Line: The applicant may not install utilities within the area defined by the drip line of any tree to be retained, unless otherwise approved by the City. eg. Restrictions on Grading within the Drip Lines of Retained Trees: The grade level around any tree to be retained may not be lowered within the greater of the following areas: (i) the area defined by the drip line of the tree, i or (ii) an area around the tree equal to one and one-half feet (1-1/2') in diameter for each one inch (1") of tree caliper. A larger tree protection zone based on tree size, species, soil, or other conditions may be required. 34 ORDINANCE NO. 6076 fh. Vegetation and Undergrowth Protection I:aTeF RegUIFed: With the exception of invasive species removal which has received prior written approval from the City, removal of the existing vegetation within the drip line of protected trees is prohibited during development activities Native understory trees, shrubs, and other vegetation shall be protected within the designated tree protection area for the duration of the development activities All areas within the required fencing shall be covered eempletely evenly;with a minimum of three inches (3") of bark mulch prior to installation of the protective fencing. ExeeptieRs may be .,ppFeved if the, except in areas where mulch will adversely affect protected ground cover plants. gi. Monitoring Required during Construction: For all protected trees required to be retained in compliance with a land use decision :the applicant shall retain an ISA certified arborist or ASCA certified consultant, eeFtified a-herkt ^- ""^n`ed lands ape aFGhitpr+ to ensure trees are protected from development activities and/or to prune branches and roots, fertilize, and water as appropriate for any trees and ground cover that are to be retained. The ISA certified arborist or ASCA certified consultant shall supervise the installation of any required tree protection fencing, permanent or temporary. #j. Alternative Protection: Alternative safeguards may be used if determined by the Administrator that such safeguards would4G provide equal or greater tree protection. I 4411. Maintenance: 35 ORDINANCE NO. 6076 a. All retained and replacement trees, including protected trees, shall be maintained in perpetuity from the date of the final land development permit Land D,,velep.,. eRt o,,.-w,;+ issued for the project, unless tree removal is authorized pursuant to this Section; b. All retained trees and vegetation shall be pruned and trimmed to . maintain a healthy growing condition or to prevent limb failure; c. With the exception of dangeRy.�s-hi�h-risk trees specifically retained to provide wildlife habitat, any protected tree that becomes a ^'aeF94ThiAh-risk tree, as defined in RMC 4-11-200, or any protected or replacement tree that is stolen removed, shall be replaced within three (3) months or during the next planting season if the loss does not occur in a planting season. I. RESERVED. J. VIOLATIONS AND PENALTIES: 1. Penalties: Penalties for any violation of any of the provisions of this Section shall be in accordance with chapter 1-10 RMC, Code Enforcement. In a prosecution under this Section, each tree removed, damaged, or destroyed will constitute a separate violation, in aEserdanee-with RMG 1-10 :7, Fa„ere-te Ge y,- and the ReRteR Municipal Cede. and each tree protection fence (required pursuant to subsection H.10 of this Section) removed damaged fallen or relocated in violation of the provisions of this Section will constitute a separate violation. Prosecution of any violation(s) of this Section shall be in accordance with 36 ORDINANCE NO. 6076 RMC 1-10-7, Failure to Comply, and any other applicable terms of the Renton Municipal Code. 2. Additional Liability for Damage: In addition, any person who violates any provision of this Section or of a permit shall be liable for all damages toi public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. 3. Ground Cover Restoration ed: The City may require replacement of all -improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced. Restoration shall include installation and maintenance of interim and emergency erosion control measures that shall be required as determined by the City. 4. Tree Removal Mitigation: Tree replacement and mitigation shall be conducted in accordance with the following requirements: a. Tree Mitigation Fee: Upon determination that a tree, vegetation, or tree protection fencing has been removed or altered in violation of a land development permit or in violation of this Section, the Administrator may impose a mitigation fee of up to two thousand dollars ($2,000) per tree or per violation, plus the installation of replacement -trees and/or paying a fee in lieu, pursuant to subsection J.4.c and J.4.e of this Section, for the equivalent credit value of the tree(s) removed. 37 ORDINANCE NO. 6076 b. Tree Violation Measurement: For the purposes of code enforcement, if a tree has been removed and only the stump remains the size of the tree shall be determined by the diameter of the top of the stump unless prior documented record from an ISA certified arborist or ASCA certified consultant was completed within one (1) year of the date of violation. c. Tree Replacement Quantity: For each tree that was improperly cut and/or removed in violation of this Section, replacement planting shall occur at a rate based on the credit value of the tree(s) removed pursuant to the table shown in subsection H.Lb of this Section. d. Tree Replacement Standards: The Administrator shall have the authority to approve, deny, or restrict the tree species for proposed replacement trees. Replacement trees shall be planted with a minimum size of two-inch (2") caliper, or evergreen trees with a minimum size of six feet (6') tall. The City may require a bond to ensure the survival of replacement trees. e. Tree Replacement Fee in Lieu: If the Administrator determines that it is infeasible to replace trees on the site, payment into the City's Urban Forestry Program fund may be approved in an amount of money approximating the current market value of the replacement trees and the labor to install them. The CitV shall determine the value of replacement trees. f. Applicability: Protected and retained trees that are removed in violation of a land development permit shall have the drip lines maintained in perpetuity as protected tree drip lines, as defined in RMC 4-11-040, Definitions D. 38 ORDINANCE NO. 6076 No impervious surface, obstructions, or structures are permitted within a protected tree drip line. Tree replacement planting shall be prioritized within the protected tree drip line to the maximum extent feasible for optimal healthl of the replacement trees. 4. Replacement Required; TheGity may --Fequir„,49F each tree that was 0FRPF9peF' I eut and /s.r r orl i elation of this SeGtOGA , la + plantiRg ., determines that it is infeasible to replaee-gees en the site, pay.m.ent the G•+ S. Stop Work: For any parcel on which trees and/or ground cover are improperly removed and subject to code enforcement and penalties under this Section, the City shall stop work on any existing permits and halt the issuance of any or all future permits or approvals until the property is fully restored in compliance with this Section and all penalties are paid. SECTION V. The definitions of "Arborist Report" and "Arborist Report, Final" in subsection 4-8-120.D.1, and "Tree Retention/Land Clearing (Tree Inventory) Plan" in subsection 39 ORDINANCE NO. 6076 4-8-120.D.20 of the Renton Municipal Code are amended as shown below. All other definitions in 4-8-120.1) remain in effect and unchanged. Arborist Report: A report prepared by an ISA certified arborist or ASCA certified consultant a certified arhnri1rormeeRse��dseape ,"rhitpet that correlates with the Tree Retention/Land Clearing (Tree Inventory) Plan and includes the, following: and i�ent+fits site, species,health, -;;Rd- rea-SA-A f9F any a. The project location, description of proposed development, and description of proposed tree removal; and b. A conceptual tree removal and retention plan; and c. An inventory of all trees on -site to be retained 'and removed, with details regarding tree species, size, health, proposed reasons for any removal, and the tree credit value for each tree pursuant to the table shown in RMC 4-4- 130.1-1.1.1g, Tree Credit Requirements; and d. In cases where high -risk trees are proposed for removal, the report shall be prepared by an arborist with ISA Tree Risk Assessment Qualification (TRAQ) and include an ISA Tree Risk Assessment standard form fully completed. Arborist Report, Final: A report prepared by an ISA certified arborist or ASCA certified consultant a .eekified arherist Qr IlceRqed ';Indseape ,Fellit r-A summarizing field verification of the health of the retained trees post construction and recommendations for long-term care. 40 ORDINANCE NO. 6076 Tree Retention/Land Clearing (Tree Inventory) Plan: A completed tree retention worksheet accompanied by a full dimensional plan, drawn by an ISA certified arborist, ASCA certified consultant, or a licensed landscape architect, based on finished grade, drawn at the same scale as the project site plan with the northern property line at the top of the sheet, clearly showing the following: a. All property boundaries and adjacent streets; b. Location of all areas proposed to be cleared; c. Species and sizes of vegetation to be removed, altered or retained and the boundaries and predominant species of stands,of trees consisting of five (5) or more trees. This requirement applies only to trees six-inch (6") caliper and larger, fifty-four inches (54") above grade, and the location, size and species of all protected trees on the site; d. For trees proposed to be retained, a complete description of each 1 tree's health, condition, and viability; e. For trees proposed to be retained, a description of the method(s) used to determine the limits of disturbance (i.e., critical root zone, root plate diameter, or a case -by -case basis description for individual trees); f. For projects subject to a land development permit as defined in RMC 4-11-120, Definitions L, an analysis of minimum tree retention compliance and minimum tree credit compliance pursuant to RMC 4-4-130.H.1• 41 ORDINANCE NO. 6076 g. For subdivision applications, an analysis of the project proposal's compliance with the tree preservation priority requirements as outlined in RMC 4-4-130.H.2.a,Tree Preservation Priority; fh. For trees preserved within a tree protection tract or easement, any special instructions for maintenance (e.g., trimming, ground clearing, root pruning, monitoring, aftercare, etc.); gi. For trees not viable for retention, the reason(s) for removal ,based on poor health, high risk of failure due to structure, defects, unavoidable isolation (i.e., high blow down potential), or unsuitability of species, etc., and for which no reasonable alternative action is possible (pruning, cabling, etc.); #i. A description of the impact -of 'necessary tree removal to the remaining trees, including those in a grove or on abutting properties; +k. For development applications, a discussion of timing and installation of tree protection measures that must include fencing and, be in accordance with the tree protection standards as outlined in RMC "^ "ter° 4-4- 130.1-1.10, Protection Measures During Construction; }l. The suggested location and species of supplemental trees to be used - when required. The report shall include planting and maintenance specifications; km. Future building sites and drip lines of any trees which will overhang/overlap a construction line; In. Location and dimensions of rights -of -way, utility lines, fire hydrants, street lighting, and easements; 42 ORDINANCE NO. 6076 fao. Where the drip line of a tree overlaps an area where construction activities will occur, this shall be indicated on the plan; - ep. For allowed activities, including allowed exemptions, modifications, and variances, show all trees' proposed to be removed in priority tree retention areas: slopes twenty-five percent (25%) to thirty-nine percent I (39%), high or very high landslide hazard areas, and high erosion hazard areas; eg. Show trees to be removed' in protected critical areas: wetlands, Shorelines of the State, streams and lakes, floodways, floodplain slopes forty percent (40%) or greater, very high landslide hazard areas, and critical habitat if the activity is exempt or allowed by the critical areas regulations in RMC 4-3- 050_C.3, Exemptions — Critical Areas and Buffers; pr. Show all trees to be retained in critical area buffers; and �s. In all etherareas of the site, trees to be re.wieyed o wit „+" ell ng limit lines r+ faF + � Show tT-he location, r size, and species,of all protected trees on on -site shall be she The plan shall apse differentiate between any proposed protected trees and any appfeVeG proposed replacement gees or supplemental trees required pursuant to RMC 4- 4-130.H.1, Protected Trees. fr^m the pFet.,ete d trees Replaeeme„t tFe s e aUtherii!ed in aeEerdaRGe with RIVIG 4 4 1301=11e, ReplaGemeicit t-hPnUmheF „f ,^lalac-,m eRt trees shall be d + r ReqUiFemeRts, d + and + aRy 1 d replam;ngaFear OR aeeerdanee=with RIVIG 4 A 1391=11e, GaleulatiRg TFee ° + t 43 ORDINANCE NO. 6076 In all other areas of the site, trees to be removed may be indicated generally with clearing limit lines except for protected trees. SECTION VI. Section 4-9-195 of the Renton Municipal Coded is amended as follows: 4-9-195 ROUTINE VEGETATION MANAGEMENT PERMITS: A. PURPOSE: This Section provides a permit process for routine vegetation management implementing the tree retention and land clearing regulations in RMC 4-4-130. B. AUTHORITY: The Administrator is hereby authorized and directed to interpret and enforce all the provisions of this Section. C. APPLICABILITY: Unless exempted by RMC 4-4-130.C, Allowed Tree Removal Activities, a Proutine Vv_egetation A4management Ppermit is required for any property;where routine vegetation management activities are undertaken. D. PROCEDURES AND REVIEW CRITERIA: Permits for routine vegetation management shall be processed as follows: 1. Submittal: An application for a routine vegetation management permit shall be submitted to the Development Services Division together with any necessary fees as specified in the City of Renton Fee Schedule. 2. Information Required: A routine vegetation management permit application shall contain the information requested in. RMC 4-8-120, Submittal Requirements — Specific to Application Type. 44 ORDINANCE NO. 6076 3. Time: The permit shall be reviewed administratively within a reasonable period of time. 4. Review Criteria: All land clearing and tree removal activities shall comply with RMC 4-4-060, Grading, Excavation, and Mining Regulations, and shall -meet the following criteria: a. The lot shall comply with minimum tree deRsity-credit requirements pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations- - b. The land clearing and tree removal shall be consistent with restrictions for critical areas, pursuant to RMC 4-4-130, Tree Retention and, Land Clearing Regulations, and RMC 4-3-050, Critical Areas Regulations,- c. Removal of a landmark tree shall meet the review criteria for removal of a landmark tree, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations. d. Street frontage and parking lot trees and landscaping shall be preserved, unless otherwise approved by the Administrator. e. The land clearing and tree removal shall not remove any landscaping or protected trees required as part of a land development permit1. f. The land clearing and tree removal shall maintain visual -screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions,-- g. The land clearing and tree removal shall not create or contribute to a hazardous condition, such as increased potential for blowdown,' pest infestation, 45 ORDINANCE NO. 6076 disease, or other problems that may result from selectively removing trees and other vegetation from a lot; and. h. The land clearing and tree removal shall be consistent with the requirements of the Shoreline Master Program, pursuant to RMC 4-3-090.F.1, Vegetation Conservation, and RMC 4-4-130, Tree Retention and Land Clearing Regulations. 5. Routine Vegetation Management Permit Conditions: The routine vegetation. management permit may be denied or conditioned by the City to restrict the timing and extent of activities or to require tree replacement in order to further the intent of this Section including: a. Preserve and enhance the City's aesthetic character and maintain visual screening and buffering. b. Preserve habitat to the greatest extent feasible. c. Prevent landslides, accelerated soil creep, settlement, and subsidence hazards. d. Minimize the potential for flooding, erosion, or increased turbidity, siltation, or other form of pollution in a watercourse. e. Ensure that the proposal will be consistent with RMC 4-4-130.D.3, Restrictions for Critical Areas — General, and 4-4-130.D.4, Restrictions for Native Growth Protection Areas. f. Ensure that the proposal will be consistent with RMC 4-3-090, Shoreline Master Program Regulations. 46 ORDINANCE NO. 6076 0 6. Time Limits for Routine Vegetation Management Permits: Any permit for routine vegetation management shall be valid for one LLyear from the date of issuance. An extension may be granted by the Administrator for a period:of one Jayear upon application by the property owner or manager. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. E. APPEALS: Appeal of the decision to grant, grant with conditions, or deny a routine vegetation management permit shall be ' made consistent with RMC 4-8-110, Appeals. vncss vuipecliica, viva aviiS efthe--; cctl6narc-mlSdeffle-arrA rS SECTION VII. Section 4-11-040 of the Renton Municipal Code is amended to add a new definition of "Drip Line, Protected," in alphabetical order, to read as shown below. All other definitions in 4-11-040 remain in effect and unchanged. DRIP LINE, PROTECTED: A tree drip line identified to be retained and preserved as an undisturbed, vegetated area that fully encompasses the drip line of a protected tree removed in violation of a land development permit. SECTION VIII. The definition of "Land Development Permit" in section 4-11-120 of the Renton Municipal Code is amended as follows: 47 ORDINANCE NO. 6076 LAND DEVELOPMENT PERMIT: An approved preliminary or final plat for single family residential project, a building permit, civil construction permit, site plan, or preliminary or final planned urban development plan. SECTION IX. The definitions of "Tree" and "Tree Removal' in section 4-11-200 of the Renton Municipal Code are amended as shown below. All other definitions in 4-11; 200 remain in effect and unchanged. TREE: A woody perennial usually having one dominant trunk, or, for certain species, a multi -stemmed trunk system, with a potential minimum height of ten feet (10') at maturity. Any trees listed on the Complete King County Weed List shall, not qualify as a tree. A. Tree, DangeFGus High -Risk: Any tree that has been certified; in a Written arborist report, as dead, teFF,. ORally diseased, d-..,.,.,ged, „ „theFWise d.,.,,,,,.8US prepared by an arborist with ISA Tree Risk Assessment Qualification (TRAQ), as possessing the following ISA Tree Risk Assessment characterizations: 1. The tree has a probable or imminent likelihood of failure; and 2. The tree has a medium or high likelihood of impact; and 3. The consequences of failure for the tree are significant or severe. B. Tree, Landmark: A tree with a caliper of t44ty twenty-four inches (8924") or greater, except for Big Leaf Maples, Black Cottonwoods, and Red Alder -trees, which qualify as landmark trees with a caliper of thirty inches (30") or greater. �I 48 ORDINANCE NO. 6076 C. Tree, Protected: A significant tree identified to be retained, or a .new tree required to be planted, as a condition of approval for a land development permit D. Tree, Significant: A tree with a caliper of at least six inches (6"), 9F an except alder or cottonwood trees, which qualify as significant trees with a caliper of at iea&t eight inches (8") or greater. Trees qualified certified as d99geFeus high -risk shall not be considered significant. T-Fees .,lasted ,.,i+tii., +h„ ., eSt " nt ten (10) y ," E. Tree, Small Species: A tree with a mature height of thirty feet (30') or less. F. Tree, Medium Species: A tree with a mature height between thirty feet (30') and fifty feet (50'). G. Tree, Large Species: A tree with a mature height of fifty feet (50') or more. TREE REMOVAL: The removal of'a tree,.through either direct or indirect actions, including but not limited to: (1) clearing, damaging or poisoning resulting in a dangeMus high -risk tree; (2) removal of more than forty percent (40%) of the live crown; or (3) damage to roots or trunk that is likely to destroy the tree's structural integrity. SECTION X. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection 49 ORDINANCE NO. 6076 titles in the Renton Municipal Code affected bythis ordinance. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION XI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION XII. This ordinance shall be in full force and effect five (5) days after publication of a summary of this ordinance in the City's official newspaper. The summary shall consist of this ordinance's title. PASSED BY THE CITY COUNCIL this 8th day of August, 2022. Jaso APPROVED BY THE MAYOR this this 8th day of August, :1022. Approved as to form: Shane Moloney, City Attorney ` Date of Publication: 8/11/2022 (Summary) ORD-CED:2216:7/7/22 WACAFAFIAM MIR'11!'L'3L�► 50 ORDINANCE NO. 6076 ATTACHMENT A 4-2-11OA1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY STRUCTURES) RC R-1-32 R-4.3 R-6 R-8 R-10 R-14 RMF Minimum Net None 3 dwelling 4 dwelling 5 dwelling 7 dwelling 10 dwelling Density (per Net units units units30 units30 units30 Acre )IL, 2, 15 Maximum Net 1 dwelling 1 dwelling 4 dwelling 6 dwelling 8 dwelling 10 dwelling 14 dwelling 20 dwelling Density (per Net Acre, unit unit',36 units units 6nits38 units29 units29 units29 Except per Net 10 Acres in RC)2,14,15 Maximum Number of 1 dwelling 1 dwelling 1 dwelling with 1 1 dwelling Detached dwellings: 1 dwelling Per Maximum Dwellings (per Legal with 1 with 1 accessory dwelling unit with 1 with 1 accessory dwelling unit Net Density Lot)2 accessory accessory accessory Attached dwellings: n/a dwelling dwelling dwelling unit unit' unit Minimum Lot Size 2. 28, 10 acres 1 acre3, 32 9,000 sq. 7,000 sq. 5,000 sq. Detached Detached n/a 31 ft 32.34 ft.32.34 ft.34 dwellings: dwellings: 3,000 4,000 sq. ft. sq. ft. Attached Attached --- - - - - dwellings: --dwellings: n/a - -- n/a 51 ORDINANCE NO. 6076 RC R-1' R-41@,---12 R-6 R-8 R-10 R-14 RMF Minimum Lot Width31 150 ft. 100 ft.32 70 ft.32 60 ft.32 50 ft. 40 ft. 30 ft. Townhouses: 25 ft. Other Attached Dwellings: 50 ft. Minimum Lot 175 ft. 110 ft. 80 ft. 70 ft. 60 ft. 50 ft. 40 ft. Townhouses: 30 Width 31 (Corner Lots) ft. Other Attached Dwellings: 60 ft. Minimum Lot Depth31 300 ft. 200 ft.3, 32 100 ft.32 90 ft.32 80 ft. 70 ft. 60 ft. Townhouses: 50 ft. _ Other Attached Dwellings: 65 ft. Minimum Front 30 ft. 30 ft.6 30 ft,6 33 25 ft.6 20 ft. except when all 15 ft.", except Townhouses: 15 Yard 4, s, 31 vehicle access is taken when all vehicle ft.", except when from an alley, then 15 access is taken all vehicle access ft.39 from an alley, is taken from an then 10 ft.39 alley, then 10 ft.39 Other Attached Dwellings: 20 ft. 4 Minimum Rear Yard - 35-ft. 30 ft. 25 ft. 33 25 ft. - 25 ft. 39 15 ft. 21, 39 10 ft. 21, 39 Townhouses: 10 22,31 ft.13, 39 52 ORDINANCE NO. 6076 RC R-1-3` R-440,-� R-6 R-8 R-10 R-14 RMF Other Attached Dwellings: 15 ft.39 Minimum Side Yard 25 ft. 15 ft. Combined Combined 5 ft. Detached Detached Units: 5 ft. for 31 20 ft. with 15 ft. with Units: 4 ft-. 4 ft. unattached not less not less Attached Attached Units: side(s), 0 ft. for than 7.5 ft. than 5 ft. Units: 4 ft. 4 ft. for the attached on either on either for unattached side(s).13 side. side. unattached side(s), 0 ft. for side(s), 0 ft. the attached . for the side(s).13 attached side(s).z3 Minimum Secondary 30 ft. 30 ft.6 30 ft.6 33 25 ft.6 15 ft.11 15 ft." 15 ft." Townhouses: 15 Front Yard 4 5' ft 11 31 (applies to Corner Other Attached Lots) Dwellings: 20 ft. Maximum Building 10% 20% 35% 40% 50% 55% 65% Townhouses: 70% Coverage (including Other Attached Primary and Dwellings: 35% Accessory) A.maximum coverage of 45% may be allowed through the 53 ORDINANCE NO. 6076 RC R - 1 R-4"—" R-6 R-8 R-10 R-14 RMF Hearing Examiner site development plan review process. Maximum 15% 25% 50% 55% 65% 70% 80% 75% Impervious Surface Area Maximum Number of 3 2 3 Stories Maximum Wall Plate 32 ft. 24 ft. 24 ft., increase Townhouses: 32 Height$, 9, 12, 18, 19 up to 32 ft. ft. possible subject Other Attached to administrative Dwellings: 32 ft., conditional use increase up to 42 permit approval. ft. possible subject to administrative conditional use permit approval. Maximum Number of n/a No more No more than 6 n/a Units per Building2 than 4 units units per per building. building. 54 ORDINANCE NO. 6076 RC R-1�2 R-4 IR-6 R-8 R-10 R-14 RMF Minimum Tree 2 significant trees per 5,000 sq. ft. Attached units: 4 significant n/a Density See RMC 4-4-130. trees per 5,000 sq. ft. See RMC 4-4-130. Minimum Freeway 10 ft. landscaped setback from the street property line. Frontage Setback Maximum Wireless See RMC 4-4-140, Wireless Communication Facilities. Amateur radio antennas are allowed a maximum height of Communication 6 feet without a Conditional Use Permit. Larger structures will have a maximum height determined by the Facilities Conditional Use Permit process, RMC 4-9-030, Conditional Use Permits. Height (including Amateur Radio Antennas) Design Standards See RMC 4-2-115, Residential Design and Open Space Standards. Landscaping See RMC 4-4-070, Landscaping. Exterior Lighting See RMC 4-4-075, Lighting, Exterior On -Site. Screening See RMC 4-4-095, Screening and Storage Height/Location Limitations. Exception for Pre- See RMC 4-10-010, Nonconforming Lots. Existing Legal Lots 55