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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: 1 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 2 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 3 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 tmeteveleped-Fight—ef-way-ar-eas-514-1-be-lafvelseaped-u-Rless-ether-wise-eleter-miReel d by thy, ^dministrator Refer to thy. City:r pproyed Tree l in and r rtandardr av -,ilable throu„h thy, Department of Comm unity and Economic Development and on the City's wcbsitc. 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 4 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 5 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: 6 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: 'I 2'I S' "I 2'iit— Wheel stop i &_tP4'40 - Tree ►�� __ II Shrubs "I i 1 Parking stall area with ground cover overhung by car Landscape islands Interior to the parking area h to --litf ',.;ft., ,0.,., ;At.,/,;.:-.:;...r ;:.iiir a Z.410:; ots.i..; :,,,,,. [La' Wity;- ORDINANCE NO. 5958 Perimeter Landscaping N . i : + F I # Y ... F---.-s---------..„ 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- 8 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 9 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. 10 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 11 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 12 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 13 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. 14 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. 15 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 16 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: 17 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. 18 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. 19 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. 20 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 21 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: 22 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 23 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. 24 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; 25 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 26 ORDINANCE NO. 5958 Approved as to form: ```` %1111111IN Shane Moloney, City Attorney ;a ." °'%/ �'// SEA Date of Publication: 12/13/2019 (Summary) s = L A‘ v / ORD:2084:11/19/19 °� /�' °RATEDse? 6\`' 27