HomeMy WebLinkAboutORD 5748 CITY OF RENTON, WASHINGTON
ORDINANCE N0. 5748
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION
4-4-130, OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDARDS,
SECTION 4-8-120 OF CHAPTER 8, PERMITS — GENERAL AND APPEALS, AND
SECTIONS 4-11-080 AND 4-11-200 OF CHAPTER 11, DEFINITIONS, OF TITLE IV
(DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE,AMENDING
THE REGULATIONS REGARDING TREE RETENTION AND LAND CLEARING, AND
ADDING,AMENDING AND DELETING CERTAIN DEFINITIONS RELATED TO TREES.
WHEREAS,the City recognizes that trees are valued natural resources; and
WHEREAS, current development regulations pertaining to tree retention and land
clearing are insufficient; and
WHEREAS, the City sets revised standards for tree retention and land clearing
regulations; and
WHEREAS, this matter was referred to the Planning Commission for consideration, and
the matter was considered by the Planning Commission, and the text amendment request
being in conformity with the City's Comprehensive Plan, as amended; and
WHEREAS, the Planning Commission held a public hearing on November 5, 2014, and
considered all relevant matters, and all parties were heard appearing in support or in
opposition;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION I. Section 4-4-130, Tree Retention and Land Clearing Regulations, of
Chapter 4, City-Wide Property Development Standards, of Title IV (Development Regulations) of
the Renton Municipal Code, is amended as follows:
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ORDINANCE NO. 5748
4-4-130 TREE RETENTION AND LAND CLEARING REGULATIONS:
A. PURPOSE:
This Ssection 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:
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 the need for additional storm drainage facilities caused by the
destabilization of soils;
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ORDINANCE NO. 5748
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 Ssection apply to any developed lot, and property
where land development or routine vegetation management activities are
undertaken or planned.
C. ALLOWED TREE REMOVAL ACTIVITIES:
Tree removal and associated use of mechanical equipment is permitted as
follows, except as provided in `'ubseetien D2 RMC 4-4-130.D.3, of this Seeti
Restrictions for Critical Areas — General, and in RMC 4-3-110.E.5.b, Urban
Separator Overlay Regulations. Except as stated in subseetien Gge efthis S ti
RMC 4-4-130.C.9.f, Permit Required to Remove Trees in Excess of the Numbers
Above, no Routine Vegetation Management Permit is required for the following
activities/work:
1. Emergency Situations: Removal of trees and/or ground cover by the
City and/or public or private utility in emergency situations involving immediate
danger to life or property, substantial fire hazards, or interruption of services
provided by a utility.
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ORDINANCE NO. 5748
2. Dead, Dangerous, OF Diseased Trees: Removal of a dangerous tree, as
defined in RMC 4-11-200 Definitions T ^'^,^', efFninal y diseased, damaged,
*Kees iq"W^" have that has been certified as such by a
City approved ;eFeste , Fegistered licensed landscape architect; or certified
arboristg S^► +;„A „f .,►,,,m to be appF9yed b the Gity based on the type „�
Fequ
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: Installation of
distribution lines by public and private utilities; 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. Existing and Ongoing Agricultural Activities: Clearing associated with
existing and ongoing agricultural activities as defined in ehapte-F-RMC 4-11-010,
Definitions A RIVIG Definitiens
6. Commercial Nurseries or Tree Farms: Removal of only those trees
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, in which ^ refer to ss RMC 4-4-130.C_12-ate
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ORDINANCE N0. 5748
G-1-3, Utilities, Traffic Control, Walkways, Bikeways Within Existing, Improved
Right-of-Way or Easements ^f+";-; �Pr-t;„~l
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. Investigative work should not disturb any more than five percent
(5%) of any protected sensitive area described in subseetien ^' RMC 4-4-
130.D.3, of }"e< S ie-n Restrictions for Critical Areas — General, on the subject
property. In every case, impacts shall be minimized and disturbed areas
restored.
b. In every location where site investigative work is conducted,
disturbed areas shall be minimized, and immediately restored.
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 work must minimize disturbance to the critical areas identified in subseetoen
02 RMC 4-4-130.D.3 ^{}"*c ^^+ ^~, Restrictions for Critical Areas—General.
d. No site investigative work shall commence without first notifying
the Community and Economic Development Administratorin advanee.
9. Allowable—Minor Tree Removal Activities: Except as provided in
subseet*en ^' RMC 4-4-130.D.3 of this Seet; ~, Restrictions for Critical Areas —
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ORDINANCE NO. 5748
General, tFee removal of trees and associated use of mechanical equipment is
permitted as fellewsat the rates specified within the table below, provided
RMC 4-4-130.C.9.a through C.9.f are satisfied. A Routine Vegetation
Management Permit is required for removal of trees in excess of the rates listed
below.
Maximum number of significant Maximum number of significant
Lot Size trees* allowed to be removed trees* allowed to be removed
in any twelve (12) month period in five (5)years
Lots up to 10,000 sq. ft. 2 4
Lots 10,001 to 20,000 sq. 3 6
ft.
Lots 20,001 sq. ft. or 6 12
rg eater
*Except landmark trees (greater than a thirty inch (30") caliper) shall not be removed without a
Routine Vegetation Management Permit.
a. Ne FRGFe—than thFee—«tfee5 aFe Femeyed in any twelve 11=1
menth peFied 48FA a ff9peFty undeF thiFty five thousand (35,000) squaFe feet
54e-apA-There is not an active land development application for the site;
b. N than six (6) tFees aFe Femeyed in any twelve (12) month
peFi9.dfFem a PFOp. Fty thiFt., five thousand (35,000) sqUaFe foot_and gFeateF
s+Ae The trees proposed for removal are not protected trees;
c. D 't Required to Remeye TFees in E secs of the NumbeFs Abeye-
ATD,oa� Vegetation Management DAMmit i Fed fee r mrw�l .,f tFees
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ORDINANCE NO. 5748
e Ees3 t e--a —:;steel abeye. See R IC 9 195, Routine Vegetation
The tree is not a landmark tree; and
d. Minimum Tree Density:
L A minimum tree density shall be maintained on each
residentially zoned lot, as specified in the table below. The tree density may
consist of existing trees, replacement trees, trees required pursuant to RMC 4-4-
070.F.1, Street Frontage Landscaping Required, or a combination. If the number
of trees required includes a fraction of a tree, any amount equal to or greater
than one-half(1/2) shall be rounded up; and
Type of Residential Development Minimum Tree Density
Multi-family Development (attached Four (4) significant trees'for every five
dwellin s thousand (5,000) sq. ft.
Single-family development (detached Two (2) significant trees'for every five
dwellings) 2 thousand (5,000) sq. ft.
'Or the gross equivalent of caliper inches provided by one (1) or more trees.
2 Lots developed with detached dwellings in the R-10 and R-14 zones are exempt.
ii. Property owners are responsible for maintaining these trees in a
healthy condition.
de. Rights-of-Way Unobstructed: In conducting minor tree removal
activities, rights-of-way shall not be obstructed unless a right-of-way use permit
is obtained.
10. Landscaping or Gardening Permitted: Land clearing in conformance
with the provisions of subseetienARMC 4-4-130.C.9, ^{ this Seeetie*-, AIIA4AF;;hIe
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ORDINANCE NO. 5748
Minor Tree Removal Activities, and subseetien ^' RMC 4-4-130.D.3 of thus
Seetiee, Restrictions for Critical Areas — General, is permitted for purposes of
landscaping or gardening; provided, that no mechanical equipment is used.
11. Operational Mining/Quarrying: Land clearing and tree removal
associated with previously approved operational mining and quarrying activities.
1-. EXiStiRg StFeets
and Utilities, Me did:eatien nf existing utilities and
StFeets by ten peFeent (10%) GF less.
1-3-.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 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.
44:13. Land Development Permit Required: Tree removal authorized by
a Land Development Permit.
D. PROHIBITED ACTIVITIES:
1. Tree Cutting 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 11-and dDevelopment
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ORDINANCE NO. 5748
Permit, as defined in RMC 4-11-120, Definitions L, for the City approved site-has
been appFByed by the G".
2. Tree Cutting or Vegetation Management Without Required Routine
Vegetation Management Permit:
a. Tree cutting in excess of the limits established in `ubseccien RMC
4-4-130.C.9 of this S^^+i^^, Allewed Minor Tree Removal Activities, is prohibited
unless a Routine Vegetation Management Permit has been granted.
b. Routine vegetation management on an undeveloped property
without a Routine Vegetation Management Permit is prohibited.
c. Use of non-exempt mechanical equipment (mechanical equipment
with more than twenty-seven (27) horsepower) without a Routine Vegetation
Management Permit is prohibited.
3. Restrictions for Critical Areas — General: Unless exempted by critical
areas, RMC 4-3-050.C_5 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. ^fzCritical habitats, pef pursuant to RMC 4-3-050_K,
Habitat Conservation;
ii_Sstreams and lakes, pursuant to RMC 4-3-0501, Streams
and Lakes,
iii. Shorelines of the State, pef pursuant to RMC 4-3-090, Renten
Shoreline Master Program Regulations; and
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ORDINANCE NO. 5748
iv. wWetlands and wetland buffers, pef pursuant to RMC 4-3-
050.M, Wetlands ,^a their , +^a hAefs;
b. On protected slopes except as allowed in this §ion or in the
Critical Areas Regulations, RMC 4-3-050; or
c. Areas classified as very high landslide hazards, except as allowed in
this§ion 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 Mative gGrowth p.Erotection easement
Area except as provided in the festa establishednative gFeWth .feteetie, aF
^�
t, of RMC 4-3-050.E.4, Native Growth Protection Areas.
S. Tree Topping: Tree topping shall be prohibited unless the City has
approved the tree for removal.
6. Removal of Landmark Tree: The removal of a landmark tree (a tree
with a caliper of thirty inches (30") or greater) is prohibited without an approved
Routine Vegetation Management Permit or a Land Development Permit.
E. REVIEW AUTHORITY:
1. Authority and Interpretation: The Community and Economic
Development Administrator is heFeby authorized and directed to interpret and
enforce all the provisions of this RMC 4-4-130 when no other permit or
approval requires Hearing Examiner review. He OF is allthBFiEe t^ The
Administrator may require retention above the minimum standards, to require
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ORDINANCE N0. 5748
phasing of tree retention plans, or to require any other measures to meet the
purpose of this§ion.
2. Independent Secondary Review: The Administrator may require
independent review of any land use application that involves tree removal and
land clearing at the City's discretion. An evaluation by an independent qualified
professional regarding the applicant's analysis on the effectiveness of any
proposed removal, retention, or replacement measures, to 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 ^ Q�-o- '�24-11-120, Definitions L,
is required 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
Vegetation Management Permit prior to performing such work.
b. Use of Mechanical Equipment: Except where mechanical
equipment is twenty-seven (27) horsepower or less, any person who uses
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ORDINANCE NO. 5748
mechanical equipment for routine vegetation management, land clearing, tree
removal, landscaping, or gardening must obtain a Routine Vegetation
Management Permit prior to performing such work.
c. Tree Removal in Excess of Maximum Allowance: A Routine
Vegetation Management Permit shall be required for tree cutting in greater
amounts than specified under—subseetion RMC 4-4-130.C_9,. of this See
(ent*tled llg;A;pd Minor Tree Removal Activities}where tree cutting is proposed
without an associated Land Development Permit. Any tree cutting activities shall
be the minimum necessary to accomplish the intended purpose, and shall be
consistent with subseeti n ^' RMC 4-4-130.D.3, ^f this S tim , Restrictions for
Critical Areas - General. Trees removed in excess of the maximum amount
allowed under subseetwen RMC 4-4-130.C.9, Minor Tree Removal Activities, of
thus SeEtie+t shall be subject to RMC 4-4-130.H.1.e, 41e+,—Replacement
Requirements, unless determined by the Administrator to be unfeasible in the
specific case.
d. Removal of Landmark Tree: A Land Development Permit or
Routine Vegetation Management Permit, which explicitly approves 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 density for the
subject property is not maintained upon removal of the tree. Removal of a
landmark tree may be granted for situations where:
i. The tree is determined to be a dangerous tree; or
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ORDINANCE NO. 5748
ii. The tree is causing obvious physical damage to structures
including but not limited to building foundations, driveways or parking lots, and
for which no reasonable alternative to tree removal exists. Routine maintenance
of roofs that is required due to leaf fall does not constitute obvious physical
damage to structures; or
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
iv. The Administrator determines the removal is necessary to
achieve a specific and articulable purpose or goal of Title IV, Development
Regulations.
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 insubseet;ens RMC 4-4-
130.C.9aGF C-9A, Minor Tree Removal Activities, of this�estfe shall be
considered as a conditional use permit by the Hearing Examiner according to the
following criteria in .
a. Appropriate approvals have been sought and obtained with the
Washington State Department of Natural Resources; and
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ORDINANCE NO. 5748
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 subseetiens H4 RMC 4-4-
130.H.4. Applicability, Performance Standards and Alternates; and 4.44 RMC 4-4-
130.H.5 General Review Criteria, of this Seeti ~; and
d. Thinning activities shall be limited to less 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%) of the. ^1,,.. a and tFees.
e. A Tree Retention/Land Clearing (Tree Inventory) Plan, as defined in
RMC 4-8-120.D, Definitions T, shall be required.
G. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS:
Permits for routine vegetation management shall be processed consistent
with RMC 4-9-195, Routine Vegetation Management Permits.
H. PERFORMANCE STANDARDS FOR LAND DEVELOPMENT/BUILDING
PERMITS:
1. Protected Trees— Retention Required: Significant trees required to be
retained pursuant to RMC 4-4-130.H.1.a, Percentage of Tree Retention Based on
Zones are considered "protected trees." Protected trees may contribute to each
residential lot's required minimum tree density, but any trees that are in excess
of an individual lot's minimum tree density shall not contribute to the total
number of trees that are required to be retained for the Land Development
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ORDINANCE NO. 5748
Permit. Protected trees that do not contribute to a lot's required minimum tree
density shall be held in perpetuity within a tree protection tract pursuant to
subsection RMC 4-4-130.H.2, Tree Protection Tract; protected trees on an
individual lot are the responsibility of the lot owner and may only be removed if
in compliance with RMC 4-4-130.C, Allowed Tree Removal Activities. Significant
tTrees shall be retained as follows:
a. Damaged and- Diseased Trees C....I--ded; Trees that -.re r angere��r
rdefined DIVAG A 11 Lsafety FiSIEcS duete i66+ tFunL r nre.ue.
c+.-ur-t-re f2w! ire s4. .II net hp n al n�eas a+eeted tree.
Percentage of Tree Retention Based on Zones:
Properties subject to an active Land Development Permit or building permit shall
retain the following percentages of significant trees based on the property's
zone. Trees within critical areas and proposed public rights-of-way shall not
contribute to the number of significant trees required to be retained.
L RC, R-1, R-4, R-6 and R-8 Zones: At least tThirty percent (30%) of
the significant trees shall be retained in a residential or institutional
development.
ii. R-10, R-14, RM-F, RM-T, RM-U and RMH: TeR At least twenty
percent 4GW4 IM of the significant trees shall be retained in a residential or
institutional development.
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ORDINANCE N0. 5748
e: iii. All Other Zones: Rve At least ten percent 4W4 JIQM of the
significant trees ieeated en the let shall be considered protected and retained in
commercial or industrial developments.
d: iv. Utility Uses and Mineral Extraction Uses: Such operations
shall be exempt from the protected tree retention requirements of this ChapteF
section if Femeval the applicant can justify the exemption in writing
to the Administrator's satisfaction the AdlmlimilstFateF.
b. Priority of Tree Retention Requirements: Significant trees shall be
retained in the following priority order:
Priority One L 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; and
v. Significant trees over sixty feet (60') in height or greater than
eighteen inches (18") caliper.
Priority Two L Healthy tree groupings whose associated undergrowth can
be preserved;
ii. Other significant native evergreen or deciduous trees; and
iii. Other significant non-native trees.
Priority Alders and cottonwoods shall be retained when all other trees have
Three been evaluated for retention and are not able to be retained, unless
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ORDINANCE NO. 5748
the alders and/or cottonwoods are used as part of an approved
enhancement proiect within a critical area or its buffer.
c. Calculating Tree Retention: Tree retention standards shall be
applied to the developable area of a property (i.e., land within critical areas and
their buffers, public rights-of-way, private PUD streets, shared driveways, and
public trails shall be excluded). If the number to be retained includes a fraction
of a tree any amount equal to or greater than one-half (1/2) tree shall be
rounded up.
d. Minimum Tree Density: Pursuant to RMC 4-4-130.C.9.e, Minimum
Tree Density, each residential lot to be created by subdivision shall have
retained or newly planted, trees that satisfy the lot's minimum tree density
requirement. Any protected tree, whether retained or newly planted, that is in
excess of the individual lot's minimum tree density shall not contribute to the
total number of trees that are required to be retained for the land development
permit.
e. Replacement Requirements: As an alternative to retaining trees,
the Administrator may authorize the planting of replacement trees on the site if
it can be demonstrated to the Administrator's satisfaction that an insufficient
number of trees can be retained.
i. Replacement Ratio: When the required number of protected
trees cannot be retained, new replacement trees with at least a two-inch (2")
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ORDINANCE NO. 5748
caliper ^r ar_..+„r or an evergreen at least six feet (6') tall, shall be planted—. T-4e
Feplaeement at a rate shall be of twelve (12) caliper inches of new trees to
replace each protected tree removed. Up to fifty percent (50%) of trees required
pursuant to RMC 4-4-070, Landscaping, may contribute to replacement trees.
The City may require a surety or bond to ensure the survival of replacement
trees.
H. \A/hpiq -+ tree 9r tree 61-4..r +6.-.+ k art of a r.rr..md +roo
++i—Prohibited Types of Replacement Trees: Unless replacement
trees are being used as part of an approved enhancement project in a critical
area or buffer, they shall not consist of a-ny the following species; 'mS+^d *^ °""G
n n�7d.
(a) All Populus species including cottonwood (Populus
trichocarpa), quaking aspen (Populus tremuloides), lombardy poplar (Populus
nigra "Italica"), etc.;
(b) All Alnus species, which includes red alder (Alnus oregona),
black alder (Alnus glutinosa), white alder (Alnus rhombifolia), etc.;
(c) Salix species, which includes weeping willow (Salix
babylonica), etc.; and
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ORDINANCE NO. 5748
(d) All Platanus species, which include London plane tree
(Platanus acerifolia), American sycamore, buttonwood (Platanus occidentalis),
etc.
iii. Fee in Lieu: When 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
City shall determine the value of replacement trees.
f. Tree .,+.,.,+�.... Stan.dar ds shall he applied to +6,., RPt .d.,.,.,I...,
aFea. Land r--rmt-mr---;ll -ARd- their buffers, as well as PUI3106 FightS ef way,
srr�rn--veem $1fe-Ea e-H tfen--n thP R-,rRbeF te-,Tc-rczrm,cc.
Adudes a fr-aetie-RG-f al t Fee, any amount equal to 9F gFeater than ARP half (1�2)
2. Tree Protection Tract: Trees required to be retained (i.e., protected
trees), and/or Administrator approved replacement trees (excluding required
street trees pursuant to RMC 4-4-070.F, Areas Required to be Landscaped) , that
are not necessary to provide the required minimum tree density for residential
lots, shall be preserved by establishing a tree protection tract that encompasses
the drip line of all protected trees; however, multiple tree protection tracts may
be approved if it can be demonstrated, to the Administrator's satisfaction, that
multiple tracts provide a better site design and/or supports other adopted goals
and purposes of this Title.
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ORDINANCE NO. 5748
a. Applicability: Tree protection tracts shall be required for any
protected trees that are not located on an individual lot. Tree protection tracts
may contribute to open space requirements, if applicable.
b. Standards:
i. Tree protection tracts 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 a City approved certified arborist or licensed landscape
architect, as stated within the required Tree Retention/Land Clearing (Tree
Inventory) Plan;
iii. Amenities, as approved by the Administrator, may be installed
to facilitate passive recreation within the tract. Such amenities might include,
but are not limited to benches, picnic tables, and soft surface (semi-permeable)
trails.
c. Tract Creation and 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 tracts created as a condition of a
permit. Such deed restriction(s) shall prohibit development, alteration, or
disturbance within the tract except for purposes of installing Administrator
approved amenities or habitat enhancement activities as part of an
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ORDINANCE N0. 5748
enhancement project, which has received prior written approval from the City. A
covenant shall be placed on the tract restricting its separate sale.
d. Fencing: The City shall require permanent fencing of the tree
protection tract. This shall be accomplished by installing a wood, split-rail fence
with applicable signage. The Administrator may approve pedestrian-sized
openings 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.
e. 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."
f. 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) and protected trees.
g. 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 (1) tree protection tract, and shall also be recorded
as a covenant running with the land on the title of record for all affected lots on
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ORDINANCE N0. 5748
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. Maintenance includes ensuring that no alterations
occur within the tract and that all vegetation remains undisturbed unless the
express written authorization of the City has been received."
213. Plan Required: When a 41-and dDevelopment Permit, as defined in
RMC ^ 4�z 4-11-120, is submitted to the City it shall be accompanied by a
Tree Retention/Land Clearing (Tree Inventory) Plan tFee F^ eyal and land
6!eaFiF1g ^'a^ as defined in RMC 4-8-120.D.20, Submittal Requirements —Specific
to Application Type.
34. Applicability, Performance Standards and Alternates: All land
clearing and tree removal activities shall conform to the criteria and
performance standards set forth in this§ion unless otherwise recommended
in an approved soil engineering, engineering geology, hydrology, or forest
management plan and where the alternate procedures will be equal to or
superior in achieving the pelieies purposes of this §ion. All land clearing and
tree removal activities may be conditioned to ensure that the standards, criteria,
and purposes of this§ion are met.
45. 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:
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ORDINANCE NO. 5748
a. The land clearing and tree removal will not create or contribute to
landslides, accelerated soil creep, settlement and subsidence or hazards
associated with strong ground motion and soil liquefaction.
b. The land clearing and tree removal will not create or contribute to
flooding, erosion, or increased turbidity, siltation or other form of pollution in a
watercourse.
c. 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.
d. 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.
e. Land clearing and tree removal shall be consistent with subseetien
&2 RMC 4-4-130.D.3, of this Seeli Restrictions for Critical Areas—General, and
RMC 4-3-050, Critical Areas Regulations.
f. Retained trees will not create or contribute to a hazardous
condition as the result of blowdown, insect or pest infestation, disease, or other
problems that may be created as a result of selectively removing trees and other
vegetation from a lot.
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ORDINANCE NO. 5748
g. 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.
66. 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.
57. Restrictions for Critical Areas: See bseet*en ^' RMC 4-4-130.D.3, of
+"°,-mien Restrictions for Critical Areas — General, and RMC 4-3-050, Critical
Areas Regulations.
-78. 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 subseetien H4 RMC 4-4-130.H.5,
General Review Criteria of this Se^+f^^:
a. Trees shall be maintained to the maximum extent feasible on the
property where they are growing. Modification of the tree retention and land
clearing plan, or the associated Land Development Permit land development
perms, may be required to ensure the retention of the maximum number of
trees.
24
ORDINANCE N0. 5748
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 Ssection.
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.
d€xcept in er-itie-al e.r ffeFs, unless« enhaneement
be allewed iR 8FdeF tG aVGid invasive F9et systems, weak wood ffene to
,
e#e,
H. All AL.,,. speeies .,L,:r6. ..I-,.J.,. .,..I -.LJ.,.- (Alnus 8Fegeffa-►�
hlaek a1.•eF (Alnus glutinesa)i white alde. (AI..,,.- FheF'Abif,lia) .,t.
Salix speelpr, whir-11
e#e,
All DI;t; 1 en.•en plane tri,., (Dlatanus
aeeFifelia)iAmeFiean syeaffl9Fe,
99. Protection Measures During Construction: Protection measures in
this subsection shall apply for all trees that are to be retained in aFeas Subjeet t„
All of the following tree protection measures shall apply:
25
ORDINANCE N0. 5748
a. Construction Storage Prohibited: The applicant may not fill,
excavate, stack or store any equipment, dispose of any materials, supplies or
fluids, operate any equipment, install impervious surfaces, or compact the earth
in any way within the area defined by the drip line of any tree to be retained.
b. Fenced Protection Area Required: Prior to development activities,
tThe applicant shall erect and maintain six foot (6) high chain link temporary
construction fencing around the drip lines of all retained trees or at a distance
surrounding the tree equal to one and one-quarter feet (1.25')for every one inch
(111) of trunk caliper, whichever is greater, or along the perimeter of a tree
protection tract stand Of Fetained tFees. Placards shall be placed on fencing every
fifty feet (50') indicating the words, "NO TRESPASSING — Protected Trees' or on
each side of the fencing if less than fifty feet (50'). Site access to individually
protected trees or groups of trees shall be fenced and signed. Individual trees
shall be fenced on four (4) sides. In addition, the applicant shall provide
supervision whenever equipment or trucks are moving near trees.
c. 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
tree's drip line.
d. 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.
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ORDINANCE NO. 5748
e. 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, 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.
f. Mulch Layer Required: All areas within the required fencing shall be
covered completely and evenly with a minimum of three inches (3") of bark
mulch prior to installation of the protective fencing. Exceptions may be approved
if the mulch will adversely affect protected ground cover plants.
g. Monitoring Required During Construction: The applicant shall
retain a pFefessional certified arborist or etheF qualified ffefessie licensed
landscape architect 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 whieh that are to be retained.
h. Alternative Protection: Alternative safeguards may be used if
determined to provide equal or greater tree protection.
310. Maintenance:
a. All retained and replacement trees, including protected trees, shall
be maintained in perpetuity fe �+ five ," "9 from the date of the final
land development permit issued for the project, unless tree removal is
authorized pursuant to this section;
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ORDINANCE N0. 5748
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 dangerous dead,
d�s^as^^', ^fa ^ �trees
specifically retained to provide wildlife habitat, any protected tree that becomes
a dangerous trees, as defined in RMC 4-11-200, or any protected or replacement
tree that is stolen,gees shall be replaced within three (3) months or during the
next planting season if the loss does not occur in a planting season.
I. MODIFICATIONS VARIANCE PROCEDURES-
The Administrator shall have the authority to grant modifications YaFianees
from the provisions of this §ion pursuant to
^Fiera—in RMC 4-9-250.D, Modification Procedures, when no other permit or
approval requires Hearing Examiner review.
J. VIOLATIONS AND PENALTIES:
1. Penalties: Penalties for any violation of any of the provisions of this
§ion shall be in accordance with RMC 1-3-2, Code Enforcement and Penalties
. In a prosecution under this§ion, each tree removed, damaged or destroyed
will constitute a separate violation, and the monetary penalty for each violation
shall be no less than the minimum penalty, and no greater than the maximum
penalty of RMC 1-3-21=.P, Penalties.
2. Additional Liability for Damage: In addition, any person who violates
any provision of this Ssection or of a permit issued PUFF aRt +"^Fete--shall be
liable for all damages to public or private property arising from such violation,
28
ORDINANCE NO. 5748
including the cost of restoring the affected area to its condition prior to such
violation.
3. Restoration Required: 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. Replacement Required: The City may require, for each tree that was
improperly cut and/or removed in violation of, or without, an approved Land
Development Permit and associated tree retention and land clearing plan,
replacement planting of a tree of equal size, quality and species or replacement
trees at a rate of one-to-one (1:1) caliper inches. Lip to eighteen (18) ,..,�i.,er
if r-hpl; Af trni+_Af the i ediatp . .mit., of the trees) that
was�weFe Fe ed—The replacement trees will be of sufficient caliper to
adequately replace the lost tree(s), and at a minimum of two inches (2") in
caliper. The City may require a bond to ensure the survival of replacement trees.
S. Stop Work: For any parcel on which trees and/or ground cover are
improperly removed and subject to penalties under this §ion, 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
§ion and all penalties are paid.
29
ORDINANCE NO. 5748
SECTION II. Subsection 4-8-120.C, Table 4-8-120C — Land Use Permit Submittal
Requirements, of Chapter 8, Permits — General and Appeals, of Title IV (Development
Regulations) of the Renton Municipal Code is amended so the Submittal Requirement entitled
"Tree Removal/Vegetation Clearing Plan" is retitled as shown below. The rest of the table shall
remain as currently codified.
Tree Remeyal' Vegetatk3^ Retention/Land Clearing (Tree Inventory) Plan
SECTION III. The Definition of "Tree Retention/Land Clearing (Tree Inventory) Plan" in
subsection 4-8-120.D.20, Definitions T, of Chapter 8, Permits —General and Appeals, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended as follows:
Tree Retention/Land Clearing (Tree Inventory) Plan: A completed tree
retention worksheet accompanied by a full dimensional plan, drawn by a
certified arborist; or a licensed landscape architect, OF ewer
based on finished grade, drawn at the same scale
as the project site plan with the northern property line at the top of the paper
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
30
ORDINANCE N0. 5748
larger, fifty-four inches (54") above grade, and the location, size and species of
all protected trees on the site-,.L-
d.
ite;ld. For trees proposed to be retained, a complete description of each
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 trees proposed to be preserved within a tree protection tract,
any special instructions for maintenance (e.g., trimming, ground clearing, root
pruning, monitoring, aftercare, etc.);
g. 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.);
h. A description of the impact of necessary tree removal to the
remaining trees, including those in a grove or on abutting properties;
i. 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 4-4-130.H.9,
Protection Measures During Construction;
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ORDINANCE NO. 5748
j. The suggested location and species of supplemental trees to be
used when required. The report shall include planting and maintenance
specifications;
A. Future building sites and drip lines of any trees which will
overhang/overlap a construction line,,-
*I. Location and dimensions of rights-of-way, utility lines, fire
hydrants, street lighting, and easements,,-
fm. Where the drip line of a tree overlaps an area where construction
activities will occur, this shall be indicated on the plan;,-
gn. 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
(39%), high or very high landslide hazard areas, and high erosion hazard areas;,-
#o. 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_5, Specific Exemptions—Critical Areas and Buffers;,
1p. Show all trees to be retained in critical area buffers,,-and
fg. In all other areas of the site, trees to be removed may be indicated
generally with clearing limit lines except for protected trees. The location, size,
and species of all protected trees on a site shall be shown. The plan shall also
32
ORDINANCE N0. 5748
show the—planned differentiate any approved replacement trees from the
protected trees. Replacement trees may be authorized in accordance with RMC
4-4-130.H.1.e, Replacement Requirements, and the number of replacement
trees shall be determined pursuant to any planned replanting areas in
accordance with RMC 4-4-130.H.1f.c, Calculating Tree Retention.
SECTION IV. The definition of "Hazard Tree" in subsection 4-11-080, Definitions H, of
Chapter 11, Definitions, of Title IV (Development Regulations) of the Renton Municipal Code is
deleted.
SECTION V. Section 4-11-200, Definitions T, of Chapter 11, Definitions, of Title IV
(Development Regulations) of the Renton Municipal Code, is amended so the definitions of
"Tree", "Tree Removal' and "Tree Trimming" are revised as shown below. This section is
further amended to add new definitions of "Tree Protection Tract" and "Tree Topping" in
alphabetical order, and to read as shown below.
TREE: A
,lipeF Of +...,, ;AG-"^ (2"` „r areata~, woody perennial usually having one (1)
dominant trunk, or, for certain species, a multi-stemmed trunk system with a
definitely f^'""^'- ecr%Aff, 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, Dangerous: Any tree that has been certified, in a written report, as
dead, terminally diseased, damaged, or otherwise dangerous to persons or
33
ORDINANCE NO. 5748
property by a PFefessienal fffestu, licensed landscape architect, or certified
arborist.
B.Tree, Landmark: A tree with a caliper of thirty inches (30") or greater.
C. Tree, Protected: A significant tree identified to be retained as a condition
of approval for a Land Development Permit.
D. Tree, Significant: A tree with a caliper of at least six inches (61, or an alder
or cottonwood tree with a caliper of at least eight inches (81. Trees qualified as
dangerous shall not be considered significant. Trees planted within the most
recent ten (10) years shall qualify as significant trees, regardless of the actual
caliper.
TREE PROTECTION TRACT: A restrictive area where all retained and/or
replacement trees are protected, and development, alteration, or disturbance
within the tract, or tree removal, is prohibited without the explicit approval of
the City. Tree protection tracts may contribute to any required open space.
TREE REMOVAL:
tFee thFeUgh ehemieal manbial ",^*^^' methe& The removal of a tree,
through either direct or indirect actions, including but not limited to: (1) clearing,
damaging or poisoning resulting in a dangerous 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.
TREE TOPPING: The act of removing whole tops of trees, or large branches
and/or trunks from the tops of trees, and leaving stubs or lateral branches that
34
ORDINANCE NO. 5748
result in the disfigurement of the canopy. Tree topping is considered to be tree
removal. Other common names for the practice include hat-racking, lopping,
heading, rounding over, and tipping.
TREE TRIMMING: The rtitl tFee intentional removal of a tree's
branches in order to reduce the live canopy of the tree by no more
than forty percent (40%) of the 18ye 6FeWA c"," be Femeved during any g
consecutive twelve (12) months. Trimming more than forty percent (40%) of a
tree's canopy during any consecutive twelve (12) months shall be considered
"tree topping."
SECTION VI. This ordinance shall be effective upon its passage, approval, and five (5)
calendar days after publication.
PASSED BY THE CITY COUNCIL this 12th day of January , 2015.
— ILa ' A
Jaso A. Seth, C' Clerk
APPROVED BY THE MAYOR this 12th day of Ja uar ' 2015.
— &tmiv ')ir
Denis Law, Mayor
Approved as to form: ® RE;;;���
Lawrence J. Warren, City Attorney SEAQ, fir.
Date of Publication: 1/16/2015 (summary)
ORD:1853:12/15/14:scr
35