HomeMy WebLinkAboutORD 5958 CITY OF RENTON, WASHINGTON
ORDINANCE NO. 5958
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, REVISING
REGULATIONS RELATED TO STREET TREES, BY AMENDING SUBSECTIONS 4-4-
070.A, 4-4-070.B, 4-4-070.D, 4-4-070.F.2, 4-4-070.G.2, AND 4-4-130.H.9.d;
SECTIONS 9-15-1, 9-15-2, AND 9-15-3; THE DEFINITION OF "DRIP LINE" IN
SECTION 4-11-040; AND CHAPTER 9-13, OF THE RENTON MUNICIPAL CODE;
ADDING DEFINITIONS OF "ARBORIST, CITY" TO SECTION 4-11-010, AND
"PLANTING STRIP"TO 4-11-160, OF THE RENTON MUNICIPAL CODE; PROVIDING
FOR SEVERABILITY;AND ESTABLISHING AN EFFECTIVE DATE.
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,the Planning Commission held a public hearing on October 2, 2019,considered
all relevant matters, and heard all parties in support or opposition, and subsequently forwarded
a recommendation to the City Council; and
WHEREAS, pursuant to RCW 36.70A.106, on October 16, 2019,the City notified the State
of Washington of its intent to adopt amendments to its development regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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. Subsections 4-4-070.A, 4-4-070.8, 4-4-070.D, 4-4-070.F.2, and 4-4-070.G.2
of the Renton Municipal Code are amended as shown below. All other provisions in 4-4-070
remain in effect and unchanged.
A. PURPOSE AND INTENT:
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ORDINANCE NO. 5958
The purpose of these landscape requirements is to establish consistent and
comprehensive landscape provisions to preserve and enhance the landscape
character of the City;to improve the aesthetic quality of the built environment;to
minimize erosion and reduce the impacts of development on natural areas within
the City and on storm drainage systems and water resources in particular; to
protect existing street trees; to provide shade, reduce noise and glare, and
establish a healthier environment by producing oxygen, removing particulates
from the air and improving a sense of well-being; to provide transitions between
various land uses; improve and soften the appearance of parking areas;to ensure
plant establishment and survival;to increase privacy and protection from visual or
physical intrusion; and to maintain, improve, and protect property values, and
generally enhance the overall image and appearance of the City and quality of life
for its citizens.
It is not the intent of these regulations that rigid and inflexible design
standards be imposed, but rather that minimum standards be set. It is expected
that accepted horticultural practices and landscape architectural principles will be
applied by design professionals.
B. APPLICABILITY:
1.The requirements of this Section shall apply to the entire siteLand/or all
parking areas, and street frontages in any of the following cases:
a. All subdivision including short plats; or
b. All new buildings and new storm drainage facilities; or
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ORDINANCE NO. 5958
c.Additions to existing buildings that increase the gross square footage
of the building by greater than one third; or
d. Conversion of vacant land (e.g., to parking or storage lots); or
e. Conversion of a residential use to a non-residential use; or
f. Other changes in the use of a property or remodel of a structure that
requires improvements equal to or greater than fifty percent (50%) of the
assessed property valuation.
D. PLANS REQUIRED AND TIMING FOR PLANS SUBMITTAL:
Conceptual as well as detailed landscaping plans are required for all non-
exempt development. Specific submittal requirements shall be as indicated in
RMC 4-8-120, Submittal Requirements. The conceptual plans must be submitted
at the time of land use permit application. Detailed landscape plans must be
approved prior to issuance of a building permit or, for subdivisions, prior to
issuance of permits for street or utility construction permit iz..uanc,
F. AREAS REQUIRED TO BE LANDSCAPED:
1. Street Frontage Landscaping Required: Ten feet (10') of on-site
landscaping is required along all public street frontages, with the exception of
areas for required walkways and driveways and those zones with building setbacks
less than ten feet (10'). In those cases, ten feet (10') of landscaping shall be
required where buildings are not located.
2. Street Trees and Landscaping Required Within the Right-of-Way on
Public Streets: Minimum planting strip widths between the curb and sidewalk are
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ORDINANCE NO. 5958
established according to the street development standards of RMC 4-6-060.Street
trees and, at a minimum, groundcover per subsection L2 of this Section, shall be
planted within planting strips pursuant to the following standards, arc to be
located in this a .,hen p en« Spacing standards shall be a stipulated by the
Department of Community and Economi . Development provided there shall be a
minimum of one W. street tree planted per lot. addrerr ^ny additional
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a. Trees shall be selected from the City's Approved Street Tree List
based on the width of the planting strip and the presence or lack of overhead
power lines; provided, the Administrator and City arborist shall each retain the
right to reject any proposed cultivar regardless of whether or not the cultivar is on
the City's Approved Street Tree List.
b. Street trees shall have a minimum caliper of two inches (2"), and
be planted pursuant to the standards promulgated by the City, which may require
root barriers, structured soils, or other measures to help prevent tree roots from
damaging infrastructure.
c. Street trees shall be planted in the center of the planting strip
between the curb and the sidewalk at the following intervals provided that,where
right-of-way is constrained, irregular intervals, and slight increases or decreases
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ORDINANCE NO. 5958
may be permitted or required.Additionally,trees shall be planted in locations that
meet required spacing distances from facilities located in the right-of-way
including, but not limited to, underground utilities, street lights, utility poles,
traffic signs,fire hydrants, and driveways; such spacing standards are identified in
the City's Approved Tree List. Generally,the following spacing is required:
i. Small-sized maturing trees: thirty feet (30') on center;
ii. Medium-sized maturing trees: forty feet (40') on center; and
Hi. Large-sized maturing trees: fifty feet (50') on center.
3. Front Yard Trees Required When Street Trees Are Not Located Within
the Right-of-Way Abutting a Front Yard: Where there is insufficient right-of-way
space or no public frontage, street trees are required in the front yard subject to
approval of the Administrator. Front yard trees are not required in the RC and R-
1 zones. A minimum of two (2) trees are to be located in the front yard prior to
final inspection.
4. Projects Abutting Less Intensive Zones or Uses:
a. Nonresidential Development in a Residential Zone: A fifteen-foot
(15') wide partially sight-obscuring landscaped visual barrier, or ten-foot (10')
wide fully sight-obscuring landscaped visual barrier, is required along common
property lines.
b. When a Residential Multi-family Zone or Use Is Abutting a Less
Intense Residential Zone: A fifteen-foot (15') wide partially sight-obscuring
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ORDINANCE NO. 5958
landscaped visual barrier, or ten-foot (10') wide fully sight-obscuring landscaped
visual barrier, is required along the common property line.
c. When a Commercial Zoned Lot or Use Is Abutting a Residential
Zone: A fifteen-foot (15') wide partially sight-obscuring landscaped visual barrier,
or ten-foot (10') wide fully sight-obscuring landscaped visual barrier, is required
along the common property line.
d. When an Industrial Zoned Lot or Use Is Abutting a Residential or
Commercial Zone: A fifteen-foot (15') wide partially sight-obscuring landscaped
visual barrier,or ten-foot(10')wide fully sight-obscuring landscaped visual barrier,
is required along the common property line.
5. Pervious Areas to Be Landscaped: Pervious areas, with the exception of
critical areas,shall have landscape treatment. Landscaping may include hardscape
such as decorative paving, rock outcroppings, fountains, plant containers, etc.
6. Parking Lots: Vehicle parking lots shall meet minimum landscape standards in
this Section.
a. Perimeter Landscaping: All parking lots shall have perimeter
landscaping.See subsection H4 of this Section, Perimeter Parking Lot Landscaping.
b. Minimum Amounts of Interior Parking Lot Landscaping: Surface
parking lots with more than fourteen (14)stalls shall be landscaped with plantings
and trees as identified in this Section. Interior parking lot landscaping dimensions
are stipulated in subsection H5 of this Section. Minimum landscape area shall be
provided as follows:
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ORDINANCE NO. 5958
Total Number of Minimum
Parking Stalls Landscape Area
15 to 50 15 sf/parking
space
51 to 99 25 sf/parking
space
100 or more 35 sf/parking
space
c. Optional Layout Patterns:
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Wheel stop
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Tree
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Shrubs "I i 1
Parking stall area with ground cover overhung by car
Landscape islands Interior to the parking area
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ORDINANCE NO. 5958
Perimeter Landscaping
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Interior landscaping
d. Perimeter Interior Landscaping: Perimeter landscaping may not
substitute for interior landscaping.
e. Exception for Existing Parking Lots:Where compliance would result
in the loss of existing required parking spaces, the landscaping provisions shall
prevail and the required parking minimum amount may be reduced without the
requirement of a parking code modification.
7. Minimum Freeway Frontage Landscaping: For properties abutting a
freeway, ten feet (10') of landscaping from the right-of-way line is required.
8. Storm Drainage Facilities:
a. Flow Control and/or Water Quality Treatment Facilities: The
perimeter of all new flow control and/or water quality treatment stormwater
facilities shall be landscaped in accordance with the provisions of this Section and
the Surface Water Design Manual, unless otherwise determined through the site
plan review or subdivision review process.
b. Low Impact Development Facilities: Bioretention, infiltration, or
other low impact development stormwater facilities shall be located to avoid on-
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ORDINANCE NO. 5958
site clearing and grading,to the extent feasible. Such facilities shall be designed to
incorporate plant species consistent with the Surface Water Design Manual, with
a preference for native trees and shrubs.
9. Urban Separator Properties: Properties within urban separators are
subject to landscaping requirements of RMC 4-3-110E in addition to the
requirements of this Section.
G. GENERAL LANDSCAPE REQUIREMENTS:
1. Compliance Required: Landscaping and screening required by this
Section must comply with all of the provisions of this Section. The landscaping
standards are minimums; higher standards can be substituted as long as fencing
and vegetation do not exceed height limits specified in RMC 4-4-040. Crime
prevention and safety should be considered in landscape design.
2. Protection of Street Trees: It shall be unlawful for any person without
prior written approval of the City to remove, destroy, cut, break, or injure any
street tree that is planted or growing in or upon any street right-of-way. Refer to
Chapter 9-13 of RMC, Street Trees and Shrubbery.
3. Retention of Existing Landscaping and Existing Trees Encouraged:
Where possible, existing native trees and shrubs, rock outcroppings, and mature
ornamental landscaping shall be preserved and incorporated in the landscape
layout and can be counted towards required landscaping. Development or
redevelopment of properties shall retain existing trees when possible and
minimize the impact of tree loss during development. Landscape plans are subject
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ORDINANCE NO. 5958
to RMC 4-4-130's requirements to protect significant trees and vegetation with
habitat value.
4. Calculation of Required Plantings: Some required landscaping areas
require a minimum amount of plantings per square feet of area. If the calculation
of the number of plantings results in a fraction of 0.5 or greater,the applicant shall
round up to the next whole number. If the calculation of the number of plantings
results in a fraction of 0.4 or less,the applicant shall round down to the next whole
number.
5.Avoidance of Hazards:All landscaping shall be planned in consideration
of the public health, safety, and welfare.
a. Landscaping shall not intrude within the clear vision areas at
driveways and street intersections;
b. Trees planted near overhead power lines shall be species that will
comply with utility purveyor clearance requirements;
c. Landscaping shall not obscure fire hydrants or access for emergency
response vehicles; and
d. Landscaping in a parking lot shall not conflict with the safety of those
using a parking lot, abutting sidewalks, or with traffic safety.
6. Vegetation Preference: Vegetation within required setbacks or
screening areas shall be retained or planted in this order of preference: (a) native
coniferous trees; (b) native deciduous trees; (c) other native vegetation.
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ORDINANCE NO. 5958
Vegetated low impact development stormwater facilities may be incorporated as
part of landscaped setbacks or screening requirement.
SECTION III. Subsection 4-4-130.H.9.d of the Renton Municipal Code is amended as
shown below. All other provisions in 4-4-130.9 remain in effect and unchanged.
9. 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 it is determined the abutting property owner
is in compliance with subsection C of this Section,Allowed Tree Removal Activities.
All of the following tree protection measures shall apply:
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,
the 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 (1-1/4')for every one inch
(1") of trunk caliper, whichever is greater, or along the perimeter of a tree
protection tract. 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
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ORDINANCE NO. 5958
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, unless otherwise approved by the City.
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 certified arborist or licensed landscape architect to ensure trees are protected
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ORDINANCE NO. 5958
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.
h. Alternative Protection: Alternative safeguards may be used if
determined to provide equal or greater tree protection.
SECTION IV. Section 4-11-010 of the Renton Municipal Code is amended to add a new
definition of"Arborist, City," in alphabetical order, to read as shown below. All other definitions
in 4-11-010 remain in effect and unchanged.
ARBORIST, CITY: The Urban Forestry and Natural Resources Manager of the City
of Renton, or his or her designee.
SECTION V. The definition of "Drip Line" in section 4-11-040 of the Renton Municipal
Code is amended as shown below. All other definitions in 4-11-040 remain in effect and
unchanged.
DRIP LINE: A tree's drip line shall be described by a line projected to the ground
from the outer edge of the tree canopy delineating the outermost extent of foliage
in all directions and ^ ^iiing with the of the root m
SECTION VI. Section 4-11-160 of the Renton Municipal Code is amended to add a new
definition of"Planting Strip," in alphabetical order, to read as shown below. All other definitions
in 4-11-160 remain in effect and unchanged.
PLANTING STRIP:That part of a street right-of-way between the abutting property
line and the curb or traveled portion of the street, exclusive of any sidewalk.
SECTION VII. Chapter 9-13 of the Renton Municipal Code is amended as follows:
CHAPTER 13
STREET TREE
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ORDINANCE NO. 5958
SECTION:
9-13-1: Purpose Duty Of Pcr..on Awning
9-13-2: Definitions
9-13-3: Power and Authority
9-13-4: Exemptions
9-13-5: Duties of Owner
9-13-6: Care of Street Trees
9-13-7: Tree Planting in the Right-of-Way
9-13-8: Tree Removal
9-13-9: Violations of this Chapter and Penalties
9-13-10: City Maintenance Responsibility List
9-13-1 PURPOSE:
It shall he the duty-ef ever.. persen-ew ing or occupying- ny premises in the City
on •.Which there shall be � y fruit shade or forest trees shrubbery of
any Lind to keep the s e free from caterpillars and in the a vent it is found that
any fruit, shade or forest trees or shrubbery have become infested with
caterpillars it shall he u nlawful for the nt of a ash p
i
on_which there shall hen ash trees a shrubbery to fail a egleet to
promptly take and use such methods as ma., be necessapi to effectually destroy
rush caterpillars
A. Trees have substantial benefits to the public health, safety and welfare of
the citizens of Renton, as well as to the environment. Additionally, the presence
of trees in our community advances the economic, social and aesthetic well-being
of the community. Accordingly, the purpose of this chapter is to provide for the
planting, maintenance and protection of trees within the City of Renton (hereafter
"the City") on City property.
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ORDINANCE NO. 5958
B. The general purpose of this chapter is to exercise the City's police power
for the benefit of the public health, safety and welfare; to provide enforcement
mechanisms, abatement and collection of abatement expenses by the City, and to
these ends this chapter shall be liberally construed.
C. This chapter shall be enforced for the benefit of the health, safety and
welfare of the general public, not for the benefit of any particular person or class
of persons.
D. It is the intent of this chapter to place the obligation of complying with its
requirements upon the owner of the land abutting public right-of-ways. No
provision or term used in this chapter is intended to impose any duty upon the
City or any of its officers, officials and employees which would subject them to
damages in a civil action.
9-13-2 DEFINITIONS: VIOLATIONS OF THIS CHARTER ANTI PENA TIES.
I InIe othcrwirn .ifin.i olations ofthi�chapter are misdemeanors� I�cct to
r
RMC 1-3-1. Definitions used in this chapter shall have the following meanings:
A. ALLEY: a public way, paved or unpaved, which is intended to provide or
which provides a roadway for vehicular and pedestrian access to abutting
properties and is generally located to the rear or side of those properties, but not
including such a public way in its natural and undeveloped state which cannot be
used by vehicles.
B. ADMINISTRATOR: for the purposes of this chapter, the Administrator of
the Department of Community and Economic Development or his or her designee.
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ORDINANCE NO. 5958
C. CITY ARBORIST:the Urban Forestry and Natural Resources Manager of the
City of Renton.
D. CITY PROPERTY: all improved right-of-ways, unimproved right-of-ways,
and all other parcels, lots, or acreages, including parks and open spaces, within
the City of Renton owned by the City.
E. CROWN:the leaves and branches of a tree,from the lowest branch on the
trunk to the top.
F. TOPPING: the indiscriminate removal of live branches and trunk ends
without respect for branch unions or branch nodes or removing live branches from
more than forty (40%) percent of the live crown. Also referred to as rounding-
over, heading, and hat-racking.
G. DRIP LINE: a line projected to the ground from the outer edge of the tree
canopy delineating the outermost extent of foliage in all directions.
H. OWNER: any person who, alone or with others, has title or interest in
property with or without accompanying actual possession thereof, and including
any person who as agent, or as executor, administrator,trustee or guardian of an
estate, has charge, care or control of any property.
I. PLANTING STRIP: that part of a street right-of-way between the abutting
property line and the curb or traveled portion of the street, exclusive of any
sidewalk.
J. RIGHT-OF-WAY: all City property granted or reserved for, or dedicated to,
public use for street purposes, together with City property granted or reserved
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ORDINANCE NO. 5958
for, or dedicated to, public use for walkways, sidewalks, and bikeways, whether
improved, unimproved, or unopened, including the air rights, subsurface rights
and easements related thereto.
K. STREET TREE: any tree which is located within the improved or
unimproved right-of-way in the City of Renton.
•
L. TREE TOPPING: Removing live branches from more than forty (40%)
percent of a trees total height and/or removing live branches without respect for
branch unions or branch nodes shall be considered topping.
M. UNIMPROVED RIGHT-OF-WAY: right-of-way(s)that are not paved,graded,
or otherwise altered for the purpose of vehicle, pedestrian, or bicycle travel.
N. VEGETATION: trees, shrubs, grass, weeds, bushes, vines, and other plant
materials, including but not limited to clippings, fallen leaves, fruit or branches.
9-13-3 POWER AND AUTHORITY:
A. The City shall have the exclusive power and authority over the planting,
care, and removal of trees and vegetation within all City property owned or
controlled by the City as necessary to ensure public safety or to preserve and
enhance the quality and beauty of such areas.
B. The City arborist, or his/her designee, shall oversee the planting, care, and
removal of trees on City property and within public right-of-way.
9-13-4 EXEMPTIONS:
The following activities are exempt from the permitting requirements of this
chapter:
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ORDINANCE NO. 5958
1. Emergency Tree Removal: Any tree that poses an imminent threat to
life or property may be removed. The City must be notified within seven (7) days
of the emergency tree removal with evidence of the threat for removing the tree
to be considered exempt from this Chapter. If the City arborist determines that
the emergency tree removal was not warranted or if the removed tree was
required by a development permit, the City arborist may require that the party
obtain a permit and/or require that replacement trees and vegetation be
replanted as mitigation.
2. Utility Maintenance: Trees may be removed by the City or utility
provider in situations involving interruption of services provided by a utility only if
pruning cannot solve utility service problems. Utility maintenance shall conform
to a City-approved Utility Vegetation Management Plan.
9-13-5 DUTIES OF OWNER:
A. No person shall remove, plant, replace, prune, alter, perform surgery on a
tree, or disturb the land within the dripline of any tree within public right-of-ways,
or cause such work to be done by others,without first obtaining a permit from the
City for such work; however, no person shall be required to obtain a permit to
water trees, add mulch to trees, mow lawn or maintain shrubs or ground covers
in the public right-of-way abutting their property, provided such actions do not
result in damage to trees.
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ORDINANCE NO. 5958
B. The owner of property abutting public sidewalk where tree branches
overhanging said sidewalk are within eight (8) feet, measured vertically from any
point on the sidewalk, shall notify the City arborist of such conditions.
C.The owner of property abutting a public street or alley where tree branches
overhanging said roadway are within sixteen (16) feet, measured vertically from
any point on the roadway, shall notify the City arborist of such conditions.
9-13-6 CARE OF TREES:
A. Utility Providers: Public utilities shall maintain any vegetation that
interferes with their utilities and may prune trees; provided that the best
practices, policies, techniques and methods for pruning trees established by the
International Society of Arboriculture are followed.
B. Tree Topping: Tree topping healthy trees shall be prohibited provided that
trees severely damaged by storms or other causes, or certain trees under utility
wires, or other obstructions where other pruning practices are impractical, may
be topped for public safety. Tree topping without a permit expressly approving
topping shall be considered an attempt of tree removal and shall be subject to the
penalties described herein for unlawful tree removal.
C. Injury to Trees Prohibited: No person shall commit any of the following acts
upon a tree located within property owned or controlled by the City of Renton:
1. Injure, destroy, damage, mutilate, deface or commit any act which will
prevent the growth or cause the death of any tree.
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ORDINANCE NO. 5958
2. Secure, attach,fasten, nail or run through any rope, cable,wire, sign or
fixture to, around or through any tree.
3. Deposit, place or permit the deposit of any toxic or hazardous
substance on or about any tree.
4. Excavate or disturb the ground within the drip line of any tree without
a permit.
5. Perform any work within the drip line of any tree without taking
measures as directed by the City to protect the tree from injury and damage.
6. Remove any guard, stake or other protective device or close or
obstruct any open space about the base of a tree designed to permit access of air,
water or fertilizer.
7. Perform any other act contrary to this chapter.
D. Construction Near Street Trees: Damage to street trees, including their
root systems is prohibited. Construction activity within critical root zone of street
trees shall be conducted using only hand equipment whenever such work will
affect the tree, unless authorized in writing by the City arborist.
1. Roots: Roots greater than two inches (2") in diameter shall not be
severed without prior approval of the City arborist; other roots must be cleanly
cut so that the bark and wood of the root are smooth and not jagged, splintered
or fractured. Use of machinery that grabs and pulls roots is prohibited.
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ORDINANCE NO. 5958
2. Mulch: A wood chip mulch six (6) inches thick shall be placed by hand
around tree root systems prior to beginning work within the drip line in
accordance with the standards promulgated by the City arborist.
3. Protection Within Drip Line: Tree roots, branches and trunks shall be
protected from damage using the appropriate techniques promulgated by the City
arborist.
4. Trenching, Excavations and Directional Boring: Trenching, excavation
and directional boring methods and standards shall be determined by the City
arborist.
9-13-7 TREE PLANTING IN THE RIGHT-OF-WAY:
Proposed tree planting in the right-of-way without associated private land
development shall be subject to RMC 4-4-070, Landscaping, and require an
approved permit for planting by the City arborist.Whenever the City proposes the
planting of a tree, two (2) weeks' advance written notice will be provided to the
owner of record of the parcel of land or property abutting the land on which such
tree shall be planted.The absence of a timely notice shall not reason to delay the
planting.
9-13-8 TREE REMOVAL:
Applicants requesting to remove trees must submit a completed permit
application on a form provided by the City. Street trees may be removed if the City
arborist determines a tree is causing physical damage to property or has been
damaged by past maintenance practices, for which generally accepted
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ORDINANCE NO. 5958
arboriculture practices cannot correct the problem, and the removal can be
performed without adversely affecting the health of adjacent trees.
A. If tree removal is approved by the City,the following conditions shall apply:
1. Trees within the public right-of-way that are permitted to be cut down
shall be removed with the root and stump grubbed or ground out to a depth of at
least nine (9) inches below surface grade.
2. Surface roots beyond the main stump are to be removed to a depth of
five (5) inches below grade.
3. All wood and debris shall be removed from the site and no wood or
debris shall be permitted to remain on the street or sidewalk at the end of the
work day.
4. Holes shall be properly barricaded or immediately filled to match the
existing grade.
5. The site shall be barricaded to protect the public any time work is in
progress.
6. A permit shall not be issued without proof of liability insurance at or
above the City's minimum insurance coverage requirements.
B. When the City arborist determines that the removal of a tree is necessary
or justified in connection with a permit, the tree(s) shall be replaced if possible.
The cost of the removal and replacement of the tree shall be the responsibility of
the permittee. Replacement of trees shall be in accordance with the following
guidelines:
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ORDINANCE NO. 5958
1. Tree selection and planting shall be in conformance with the provisions
of section 4-4-070, Landscaping, in addition to this Chapter.
2. The number of replacement trees shall be at the ratio of one (1)
replacement tree for every one (1)tree removed.
3. In lieu of planting replacement trees, and at the sole discretion of the
City arborist,the permittee may contribute to the City's tree fund a dollar amount
equal to the value of the replacement trees, including installation costs.
4. The permittee shall be required to maintain all replacement trees in a
healthy condition for a period of two (2)years after planting. The permittee shall
be obligated to replant any replacement tree that dies, becomes diseased or is
removed during this two (2)-year time period.
5. The permittee has executed a hold harmless agreement in a form
satisfactory to the City attorney, indemnifying the City from claims as a result of
the permittee's removal of said tree.
6. The provisions of this Chapter do not preclude the City from removing,
maintaining, or replanting any vegetation, including trees, in public right-of-ways.
9-13-9 VIOLATIONS OF THIS CHAPTER AND PENALTIES:
A. Damages to Trees: Damage to street trees shall be repaired by the City and
the costs of repairs invoiced to the abutting property owner, or the person(s)
whom caused the damage if known by the City. Damages shall be assessed by the
City arborist using the most recent edition of the Guide for Plant Appraisal Trunk
Formula Method. Where damage is severe, the City arborist may require the
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ORDINANCE NO. 5958
removal of the tree instead of repair. The abutting property owner or person(s)
whom caused the damage shall pay all costs of removal, including all site
renovation costs,the damages assessed according to the Guide for Plant Appraisal
and tree replacement costs.
B. Unless otherwise specified, violations of this Chapter are misdemeanors
subject to RMC 1-3-1.
SECTION VIII. Sections 9-15-1, 9-15-2, and 9-15-3 of the Renton Municipal Code are
amended as shown below. All other provisions in chapter 9-15 remain in effect and unchanged.
9-15-1 PURPOSE: WEEDS OR VEGETATIVE ENCROACHMENTS:
No owner or occupant of any lot, place or area within the City, or the agent of any
such owner or occupant, shall permit on such lot, place or area:
A. Any noxious weeds or deleterious, unhealthful growth or other noxious
matter that may be growing, lying or located thereon.
B. Any encroachment of any hedge,fence,vegetation,trees, bushes or other
obstructions on any public alley, street or other public right-of-way, including
sidewalks or walkways.
1. Planter strips and vegetated planter islands in rights-of-way are
permitted subject to City landscaping, maintenance, and street standards in RMC
4-4-070 and 4-6-060, as well as Chapter 9-13 RMC, and shall be managed to
maintain pedestrian and vehicular passage and sight lines.
2. Vegetated low impact development facilities shall further be designed
consistent with RMC 4-6-030 and the adopted Surface Water Design Manual.
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ORDINANCE NO. 5958
9-15-2 NOTICE TO DESTROY:
The Community and Economic Development Administrator,or his duly authorized
representative, is hereby authorized and directed to notify, in writing, the owner
or occupant of any such lot, place or area within the City, or the agent of such
owner and, if the owner cannot be located, then the occupant of such property,
to cut, destroy and/or remove any vegetation constituting a detriment to health
and safety pursuant to RMC 9-15-3, cuch weeds or deleterious, unhealthful
growth or other noxious matter found growing, lying or located on such owner's
or occupant's property and thereupon such matter shall be removed by such
owner or occupant within thirty (30) days from the date of such notice. In the
event of any growth, vegetation, hedge, fence, tree or other obstruction
encroaching upon any public right-of-way as hereinabove specified, a like prior
notice shall be given unto such owner or occupant and the removal of such
encroachment shall likewise be completed within thirty (30) days thereof. Such
notice shall be either in person or by certified mail addressed to said owner,
occupant or agent of said owner at his last known mailing address.
9-15-3 DETRIMENT TO HEALTH AND SAFETY:
It is hereby found by the City that each of the following constitutes a health and
safety hazard:
A. Vegetation or refuse providing a harborage for rats or other rodents
(excluding chipmunks and squirrels), rodent runs and habitats;
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ORDINANCE NO. 5958
B. Vegetation which is poisonous or noxious, including but not limited to
poison ivy, poison oak, poison hemlock, poison sumac and nightshade;
C. Diseased vegetation which creates a danger of contamination;
D. Vegetation which is infested with damaging insects;
E. aAny such growth, whether noxious or deleterious, or any encroachment,
as hereinabove defined,on public right-of-way,which is detrimental to the health,
welfare and safety of the general public, including pedestrians and vehicular
traffic.
SECTION IX. If any section, subsection, sentence, clause, phrase or work 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 X. 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 9th day of December, 2019.
Jaso A. Seth, C ;Clerk
APPROVED BY THE MAYOR this 9th day of December, 019.
-:440(41
Denis Law, Mayor
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ORDINANCE NO. 5958
Approved as to form:
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Shane Moloney, City Attorney ;a ." °'%/ �'//
SEA
Date of Publication: 12/13/2019 (Summary) s = L
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ORD:2084:11/19/19 °�
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