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HomeMy WebLinkAboutORD 4219..~ Amended by Ord 4351 4835,4~,1 CITY OF RENTON,WASHINGTON ORDINANCE NO.4219 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,AMENDING TITLE IV (BUILDING REGULATIONS)OF ORDINANCE NO.1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON"BY ADDING A NEW CHAPTER ENTITLED LARD CLEARING AND TREE CUTTING ORDINANCE AND ESTABLISHING PENALTIES. THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DO ORDAIN AS FOLLOWS: SECTION I.Title IV (Building Regulations)of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton"is hereby amended by adding the following chapter: CHAPTER 36 LARD CLEARING AND TREE CUTTING ORDINANCE 4-3601:TITLE This ordinance shall be hereinafter known as the "Renton Land Clearing and Tree Cutting Ordinance,may be cited as such,will be hereinafter referred to as "this ordinance,"and shall constitute Chapter 36,Title IV. i I 4-3602:PURPOSE This Ordinance provides regulations for the clearing of land and the protection and preservation of trees and associated significant vegetation for the following purposes: A.To promote the public health,safety and general welfare of the citizens of Renton; B.To implement the policies of the State Environmental Policy Act of 1971 as revised in 1984; C.To preserve and enhance the City's physical and aesthetic character by preventing indiscriminate removal or destruction of trees and ground cover; 1 I i I I ORDINANCE NO.4219 ,. D.To implement and furtber the goals and policies of the City's Comprehensive Plan for the environment,open space,wildlife habitat,vegetation,resources,surface drainage, watersheds,and economics; E.To ensure prompt development,restoration and replanting,and effective erosion control of property during and after land clearing; F.To promote land development practices tbat result in a minimal adverse disturbance to existing vegetation and soils within the City; G.To minimize surface water and groundwater runoff and diversion; H.To aid in the stabilization of soil,and to minimize erosion and sedimentation; I.To minimize the need for additional Slorm drainage facilities caused by the destabilization of soils; J.To retain clusters of trees for the abatement of noise and wind protection; K.To acknowledge that trees and ground cover reduce air pollution by producing pure oxygen from carbon dioxide; L.To preserve and enhance wild Ii fe and habitat including streams,riparian corridors, wetlands and groves of trees; M.To promote building and site planning practices that are consistent with the City's natural topographical and vegetational features 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; N.To promote the reasonable development of land in the City of Renton . •-3603:DEFINITIONS A, B, C. D, CALIPER shall mean the diameter of any tree trunk as measured at a height of four and a half (4 1/2)feet above the ground on the upslope side of the tree. CREEK means those areas where surface waters flow sufficiently to produce a defined channel or bed.A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water.The channel or bed need not contain water year-round.This definition is not meant to include storm water runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass-through stream flows naturally occurring prior to construction of such devices. DEVELOPED LOT shall mean a lot or parcel of land upon which a structure(s)is located, which cannot be more intensively developed pursuant to the City Zoning Code,and which cannot be further subdivided pursuant to City Subdivision ordinance. DRIP LINE of a tree shall be described by a line projected to the ground delineating the outermost extent of foliage in all directions. 2 Ir I I f I I "I· ORDINANCE NO.4219 E.ENHAl'iCEMENT ACTIVITIES shall mean removal of noxious or intrusive species,plantings of appropriate native species and/or removal of diseased or decaying lrees which pose a clear and imminent threat to life or properly.Enhancement activities shall not involve the use of mechanical equipment.Enhancement activities may include the removal of pests which pose a clear danger to public health provided that such danger is certified by the King County Department of Public Health. F.GROljND COVER shall mean small plants such as salal,ivy,ferns,mosses,grasses or other types of vegetation which normally cover the ground and includes trees of less than 6 inches caliper. G.GRatiN[)COVER MAJ"\AGE\tEl\'T shall mean the mowing or cuning of ground cover in order to create an orderly appearing property so long as such activities do not disturb the root structures of the plants.Ground cover management shall include the removal of vegetative debris from the property_ H.LAl\'P CLEARING means the act of removing or destroying trees or ground cover including grubbing of stumps and root mat from any undeveloped lot,partially developed lot, developed lot,public lands or public right-oC-way. I.LAo'lD PEVELOPME:~T PERMIT means a preliminary or final plat for a single family residential project;a building permit;site plan;or preliminary or final planned unit development plan. J.~are natural or artificial bodies of water of two or more acres and/or where the deepest part of the basin at low water exceeds two meters (6.6 feet).Artificial bodies of water with a recirculation system approved by the Public Works Department are not included in this definition. •I K.MECHANICAL EQUIPMENT shall include all motorized equipment used for earth moving, trenching,excavation,gardening,landscaping,and general property maintenance exceeding twelve (12)horsepower in size. L.NATIVE GROWTH PROTECTION EASEMENT is a restrictive area where all native,pre- development vegetation shall not be disturbed or removed EXCEPT for removal pursuant to an enhancement program approved pursuant to this Chapter.The purpose of an Easement is to protect steep slopes,slopes with erosion,landslide and seismic hazards, creeks,wetlands and/or riparian corridors.This Easement shall be defined during the review process pursuant to Section 4-3613,and shown on the recorded plat or short plat. M.PARTIALLy DEVELOPED LOT shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating increased development pursuant to the Renton Zoning Code;or which may be subdivided in accordance with the City of Renton Subdivision Ordinance. N.PERSON shall mean any person,individual,public or private corporation, association,joint venture,partnership,owner,lessee,tenant,or any other whatsoever or any combination of such,jointly or severally. firm, entity O.REMOVAL is the actual removal or causing the effective removal through damaging, poisoning,root destruction or other direct or indirect actions resulting in the death of a tree or ground cover. 3 ORDINANCE NO.4219 P.ROUTINE VEGETATION MANAGEMENT shall mean tree trimming,tree topping and ground cover management which is undertaken by a person in connection with tbe normal maintenance and repair of property. Q.TREE shall mean any living woody plant characterized by one main stem or trunk and many branches and having a caliper of six inches or greater,or a multi-stemmed trunk system with a definitely formed crown. R.TREE CUTTING shall mean the actual removal of the above ground plant material of a tree through chemical,manual or mechanical methods. s. T. u. v. TREE TRIMMING shall mean the pruning or removal of limbs provided that the main stem is not severed and no moce than 400/'0 of the live crown is removed. TREE TOPPING shall mean the severing of the main stem of the tree in order to reduce the overall height of the tree provided that no more than 40%of the live crown shall be removed during any topping. UNDEVELOPED LOT shall mean a platted lot or parcel of land upon which no structure exists. WETLANDS are those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support and that under normal circumstances do support,a prevalence of vegetation typically adapted to life in saturated soil conditions.Wetlands generally include swamps,marshes,bogs and similar areas. I I 4-3604:ADMINISTERING AUTHORITY The City's Director of Community Development,or his duly authorized representative,is hereby authorized and directed to enforce all the provisions of this Ordinance. 4-3605:GENERAL PROVISIONS A. B. There shall be no tree cutting or land clearing on any site for tbe sake of preparing that site for future development unless a land development permit for the site has been approved by the City. Tree CUlling is permitted as follows except as provided in Section D below: 1.On a developed lot; 2.On a partially developed or undeveloped lot provided tbat: a.No more than tbree trees are removed in any twelve month period from a property under 35,000 square feet in size;and b.No more than six trees are removed in any twelve month period from a property over 35,000 square feet in size. 4 I I )- ORDINANCE NO.4219 C.Land clearing in conformance with the prOVISions of Sections Band D is permitted on a developed,partially developed or undeveloped lot for purposes of landscaping or gardening provided that no mechanical equipment is used. D.No tree cutting or land clearing is permitted within 25 feet of any shoreline area, within 25 feet of the ordinary high water mark of creeks,in a wetland area,or on parcels where the predominant slope or individual slope is in excess of forty percent except enhancement activities. E.Any person who performs routine vegetation management on undeveloped property in the City must obtain a Routine Vegetation Management permit prior to performing such work. F.Any person who uses mechanical equipment for routine vegetation management,land clearing,tree cUlling,landscaping,or gardening on developed,partially developed or undeveloped property must obtain a routine vegetation management permit prior to performing such work. G.No provision of this ordinance shall be construed to eliminate the requirement of permits for the purpose of developing the property with substantial permanent improvements such as roads,driveways,utilities,or buildings. 4-3606:REGULATIONS FOR THE LAND CLEARING AND TREE CUTTING AND THE DEVELOPMENT OF PROPERTY A.When a development permit is submilled to the City of Renton it shall be accompanied by a land clearing and tree CUlling plan.This plan shall be reviewed as part of the environmental review process pursuant to the State Environmental Policy Act and Title IV,Chapter 7,Section 2800 of the City Code. B.All land clearing and tree cutting activities shall conform to the performance standards set forth in Section 4·3613 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 policies of this Chapter. C.All land clearing and tree cutting activIties shall be conditioned by the City to ensure that the following performance standards are met. 1.The land clearing and tree cutting will not create or contribute to landslides, accelerated soil creep,settlement and subsidence or hazards associated with strong ground motion and soil liquefaction. 2.The land clearing and tree cutting will not create or signi ficantly contribute to flooding,erosion,or increased turbidity,siltation or other form of pollution in a watercourse; 3.Land clearing preserve and screening and and tree enhance buffering. cutting will be undertaken in the City's aesthetic character 5 such and a manner as to maintain visual I ! ORDINANCE NO.4219 4.Land clearing and tree clltting 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. 5.Land clearing and tree cuning shall be conducted so as to preserve habitat consistent with reasonable use of the properly. EUHPTIONS The following shall be exempt from the provisions of this chapter: A.Removal of trees and/or ground cover by the Public Works Department,Parks Department,Fire Department 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; B.Removal of dead or terminally diseased or damaged ground cover or trees which have been certified as such by a forester,landscape architect or the City prior to their removal. C.Maintenance actiVities including routine vegetation management and essential tree removal for public and private utilities,road rights of way and easements,and parks. D.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 Title IV,Section 2800 of City Code. ROUTINE VEGETATION MANAGEMENT PERMIT REVIEW PROCESS Permits for routine vegetation management shall be processed in accordance with the purposes and criteria of this section as follows: A.An application for a Routine Vegetation Management Permit shall be submitted to the Community Development Department together with any necessary fees. B.The permit shall be reviewed administratively within a reasonable period of time. C.Any individual or party of record who is adversely affected by such a decision may appeal the decision to the City's Hearing Examiner pursuant to the procedures established in Title IV,Chapter 30. 6 I· ! I A Routine Vegetation Management Permit Application shall set 4-3609: ORDINANCE NO.4219 APPLICATION FOR ROUTINE VEGETATION MANAGEMENT PERMIT i I I I, forth the following information: A.Name,address and telephone Dumber of the applicant;name and telephone number of the contact person,if any; B.A time schedule for all mechanical equipment activities or routine vegetation management activities. C.A plan for tbe specific work to be performed. D.For routine vegetation management on undeveloped properties,the application shall include: 1.Standards and criteria to be used for routine tree trimming and tree topping; 2.Standards and criteria to be used for ground cover management;and 3.Standards and criteria to be used in determining tbe location for use of chemicals including insecticides and herbicides. E.For use of mechanical equipment the application shall include: 1.The type of equipment to be used. 2.A description of the specific work to be accomplished using the equipment. 4-3610: 3.The measures proposed to protect the site and adjacent properties from the potential adverse impacts of the proposed work and equipment operation. REGULATIONS FOR ROUTINE VEGETATION MANAGEMENT I I I A.Any routine vegetation management on undeveloped property requires a permit pursuant to this Chapter.Permitted activities may include the use of mechanized equipment except as provided in Sections C and D below. B.The use of mechanical equipment for routine vegetation management, tree cutting,landscaping,or gardening on developed,partially undeveloped property requires a permit pursuant to this Chapter. land clearing, developed or C. D. For all properties,no land clearing,tree cutting,or ground cover management activities except enhancement activities are permitted in areas with slopes over 40 percent;slopes over 25 %with class II or class III landslide hazards,and slopes over 25%with class II or class III erosion hazards,as identified by the King County Soils Survey,King County Sensitive Areas Map Folio or the City of Renton Environmentally Sensitive Areas Maps. For all properties,no land clearing,tree cutting or ground cover management activities except enhancement activities are permitted in wetlands including a minimum buffer 7 l I I I I i 1 ORDINANCE NO.4219 area of 2S feet,riparian corridors including a mlDlmum buffer area of 25 feet from the higb water mark of the creek or stream,and in the 200 foot state shoreline area. &-3611: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 in order to further the intent of this Chapter including: A.Preserve and enhance the City's aesthetic character and mainlain visual screening and buffering. B. C. D. Preserve habitat to the greatest extent feasible. Prevent landslides,accelerated soil creep,seulement and subsidence hazards. Minimize the potential for flooding,erosion,or increased turbidity.siltation or other form of pollution in a watercourse. &-3612 :TIME LIMITS FOR PERMITS Any permit for Routine Vegetation Management shall be valid for one (1)year from the date of issuance.An extension may be granted by the Community Development Department for a period of one (1)year upon application by the property owner or manager.Application for such an extension must be made at least 30 days in advance of the expiration of the original permit and shall include a statement of justification for the extension. f, I &-3613:PERFORMANCE STANDARDS FOR LAIID DEVELOPMENT PERMITS A. B. There shall be no clear cUtling of trees on a site for the sake of preparing that site for future development.Trees may be removed pursuant to a development permit which has been approved by the City. Trees shall be retained to tbe maximum extent feasible on the property where they are growing. 1.Where it is not practicable to retain all trees on site due to a proposed development,a plot plan shall be submitled identifying those trees which are proposed for removal.The City may require a modification of the land clearing B I I I ORDINANCE NO.4219 and tree cutting plan or the associated land development plan to ensure tbe retention of tbe maximum number of trees. 2.The plOl plan shall identify the location of all areas proposed to be cleared including building sites,right-of-ways,utility lines,and easements.Clearing should not occur outside of these areas or more than 15 feet from the foundation line of proposed buildings. 3.No land clearing,ground cover management or tree cutting activities are permitted in a Native Growth Protection Easement except enhancement activities or the installation of essential roads and utilities where no other feasible alternative exists pursuant to 3n approved development plan. C.The City may restrict the timing of the land clearing and tree cutting 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,or to further the purposes of this ordinance. E.No ground cover or trees which are within a mlDlmum of 25 feet of the annual high water mark of creeks,streams,lakes,and other shoreline areas or within 15 feet of the top of the bank of same should be removed,nor should any mechanical equipment operate in such areas except for the development of public parks and trail systems,and enhancement activities. D. F. Native Growth Protection Easements may be established through the subdivision process in environmentally sensitive areas including but not limited to the following areas: 1.A buffer area from the annual high water mark of creeks,streams,lakes and other shoreline areas or from the top of the bank of same,whichever provides good resource protection. 2.Areas in which the average slope is greater than 40 percent. 3.Wetlands. 4.Any other area which is determined through the environmental review process to include signi ficant vegetation or other valuable resources and which should be protected. The City may require and/or allow the applicant to relocate or replace trees,provide interim erosion control,hydroseed exposed soils,or other similar conditions which would implement the intent of this Chapter. I f r G.No land clearing,ground cover management or tree cutting activities except enhancement activities shall be conducted in a wetland,except for the installation of roads and utilities where no feasible alternative exists pursuant to an approved development plan. H.When tree cutting or land clearing will occur pursuant to a building permit,protection measures should apply for all trees which are to be retained in areas immediately subject to construction.These requirements may be waived individually or severally by the City if the developer demonstrates them to be inapplicable to the specific on· 9 ORDINANCE NO.4219 site conditions or if the intent of the regulations will be implemented by another means with the same result. Where the dripline of a tree overlaps a construction line,this shall be indicated on the survey and the following tree protection measures should be employed: 1.The applicant may oat fill,excavate,stack or store any equipment,or compact the earth in any way within the area defined by the dripline of any tree to be retained. 2.The applicant shall erect and maintain rope barriers or place bales of hay on the drip line to protect roots.In addition,the applicant shall provide supervision whenever equipment or trucks are moving near trees. 3.Ir 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. 4.The applicant may not install impervious surface material within the area defined by the dripline of any tree to be retained. 5.The grade level around any tree to be retained may not be lowered within the greater of the following areas:(1)the area defined by the dripline of the tree, or (2)an area around the tree equal to one foot in diameter for each one-inch of tree caliper. 6.The applicant shall prune branches and roots,fertilize,and water as appropriate for any trees and ground cover which are to be retained . Section 722,and Title IV Chapter 30. The Hearing Examiner shall have the authority to grant variances from the provisions of this Ordinance pursuant to Title IV •-3614 : .-3615: VARIANCE PROCEDURES VIOLATIONS AND PENALTIES , r I r I, A.A violation of any of the provisions of this chapter shall constitute a misdemeanor.It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed. B.Any person who shall violate any provisions of this ordinance shall be subject,upon conviction in court,to a fine not to exceed $1.000 per day and/or $500 per tree.In a prosecution under this ordinance,each tree removed,damaged or destroyed will constitute a separate offense. •-3616:PUBLIC AND PRIVATE REDRESS A.Any person who violates any provision of this Chapter or of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such 10 I I ORDINANCE NO.4219 violation,including the cost of restoring the affected area to its condition prior to such violation. B.Restoration shall include the 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;and C.For each tree which was improperly cut and/or removed,replacement planting of a tree of equal size,quality and specie or up to three (3)trees of the same species in the immediate vicinity of the tree(s)which was removed.The replacement trees will be of sufficient caliper to adequately replace the lost trees(s)or a minimum of 3 inches in caliper. D.Restoration shall include installation and maintenance of interim and emergency erosion control measures until such time as the restored ground cover and trees reach sufficient maturation to function in compliance with the performance standards identi fied in Section 4-3606. For any parcel on which trees and/or ground cover are improperly removed and subject to penalties under this Chapter,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 Chapter and all penalties are paid. E. SECTION II.This ordinance shall be effective upon its I I' i i i passage,approval,and thirty days after publication. PASSED BY THE CITY COUNCIL this 5th day of 1989. June ~tt'~ Maxine E.Motor,Cit-y---C~l-e-r-k~------ j, I APPROVED BY THE MAYOR this 5th day of June ,1989. i Date of Publication: ORD.90:5-11-89:as. Published in summary June 9,1989 11 I I I I i j !