HomeMy WebLinkAboutOrdinance No. 1012AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MEDINA, WASHINGTON, AMENDING CHAPTER 16.52 MMC
TREE MANAGEMENT CODE; ADOPTING FINDINGS OF FACT;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Chapter 35A.63 of the Revised Code of Washington ("RC\/V') empowers the
City of Medina ("City") to enact planning and environmental regulations; and
WHEREAS, the Washington State Constitution at article 11, section 11 grants cities the
police.power authority to protect the public health, safety, and welfare. Pursuant to that authority,
a city may regulate the use of property. Cities may regulate property for purposes such as abating
nuisances, enforcing building and health codes, zoning and planning, and environmental
protection; and
WHEREAS, trees provide important aesthetic, environmental, and economic benefitsand
are an integral part of the City's character. These benefits come from significant contributions to
stormwater management, public health improvement, energy use reduction, air pollution
abatement, and overall quality of life; and
WHEREAS, the planting of trees means improved water quality, which results in less runoff
and erosion. This allows more recharging of the ground water supply and wooded areas help
prevent the transport of sediment and chemicals into streams; and
WHEREAS, on August 9, 1982, the City adopted Ordinance No. 378 which establish4l
.,egulations governing the removal and trimming of trees in the right-of-way; and
WHEREAS, subsequent amendments to Ordinance No. 378 governing trees and
vegetation within the City boundaries have been adopted including Ordinance Nos. 406, 471, 521,
574, 601, 630, 686, 732, 743, 778, 798, 855, 900, 909, and 923; and
WHEREAS, staff implemented the new tree code for several years and found areas in the
code to improve upon based on resident feedback, code enforcement, natural environmental
concerns, and development constraints; and
WHEREAS, in 2020, the Medina City Council directed the Medina Planning Commission
and staff to develop proposed amendments to modify Chapter 16.52 MMC, Tree Management
Code, to ensure the protection of urban forestry canopy coverage, and to provide a mechanism to
soften the impact of development on the natural environment, while providing mechanisms to
ensure responsible development continues; and
WHEREAS, the Planning Commission is responsible • the review of amendments tothe
City's tree management ordinance, and making modification recommendations; and
WHEREAS, the Planning Commission met monthly over the course of 2021 to discuss the
current tree management code and reviewed the list • areas within the code that could be
improved upon based upon staff's recommendations. Ultimately, Planning Commission directed
staff to prepare a final version of the proposed amendments; and
WHEREAS, • October 3, 2021, City staff transmitted a copy • the proposed code
amendments to the Washington State Department of Commerce for review and comment, pursuant
• RCW 36.70A. 1• and
WHEREAS, pursuant to the State Environmental Policy Act ("SEPA") and Chapter 191- 11
Washington Administrative Code ("WAC"), a Determination of Nonsignificance ("DNS") for a non -
project action was issued and noticed on September 30, 2021 for the proposed amendments; and
WHEREAS, pursuant to WAC 197-11-340(2), the Department provided a 14-day comment
period for the DNS issued on the proposed amendments with an appeal and comment period
ending October 14, 2021; and
WHEREAS, a legal notice of public hearing for the proposed amendments was published
in June 17, 2021 in the Seattle Times as well as posted on the City's website and at city hall;
�-vid
WHEREAS, the Planning Commission met on October 19, 2021 to hold a properly notic
public hearing on the tree management code and voted to recommend approval of tiz,
• as presented to City Council; and
WHEREAS, the City Council met on November 8, 2021 and July 11, 2022 to hold properly
noticed public hearings on the tree management code amendments; and
WHEREAS, the City Council, upon review of the facts and findings and recommendations
:if the Planning Commission, and after review and information provided by City staff, find that all
met-th at�adoption of this ordinance
promotes the public health, safety, and • welfare of the • and the adoption • this
trdinance serves the public interest.
Section 1. Findbg§_gffqqL The recitals set forth above are hereby adopted as the City
• findings • fact.
Section 2. Amendments to Chapter 16.52 MMC. Chapter 16.52 MMC, Tree Management
Code, is hereby amended as set forth in the attached Exhibit A, which is incorporated herein by
this reference.
Section 3. SpygEgbility. If any section, paragraph, sentence, clause, or phrase of this
trdinance, or its application to any person or situation, be declared unconstitutional or otherwise
invalid for any reason, or should any portion of this ordinance be pre-empted by state or federal
law or regulation, such decision or preemption shall not affect the validity of the remaining portions
,ti,f this ordinance or its application to other persons or situation. The City Council of the City of
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 4. Corrections. Upon the approval of the City Attorney, the City Clerk and tm-
codifiers of this ordinance are authorized to make any necessary corrections to this ordinan
including, but not limited to, the correction of scrivener's/clerical errors, references, ordinan
numbering, section/subsection numbers, and any reference thereto. I
Section 5. Ratification. Any act consistent with the authority and prior to the effective da
of this ordinance is hereby ratified and affirmed. i
Section 6. Effective Date. This ordinance shall be in full effect five (5) days after passage
and publication, as provided by law. A summary of this ordinance may be published in lieu of
MEOMMM
APPROVED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 11th DAY OF
JULY, 2022 AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 11TH DAY OF
JULY, 2022.
i -
160- 100 ITA•91TATE I M-
Scott Missall, City Attorney
PU13LISHED:[ZOZ7
IFATE—Tf t-j
*RDINANCE NO.: 1017—
'? r Rosss essicMaa W�'�an, �Mayor
r.1v M—
KINVA=W
F—AliFor-m- min-A-1111k
Chapter 16.52
WqWKSTIR
16.52.010 Purpose and intent.
16,51020 (-'iei-ieral,[� �,,,Jsjops and a plicaWlit\.
16.52.02,310 Applicability of the tree management code.
16.52.0,3�4'0 Exemptions.
16.52.0450 Using this chapter.
16.52.0-S610 Designation of significant tree species.
16.52.06,70 Designation of land under development.
R'i"'et rif-effl-et-i4s. F" aled. It,
16.52.080 Legacy Lind Lan (hn'uprk tree protection measures.
16.52.090 Minimum standards for land under development.
16.52.100 Off-,; i tt-,4eee- anc, on, es.
�pl+hrl'6-iig �S' I- -dle-mental tree stauidard I
16.52.110 Minimum restoration standards for land not under development.
16.52.120 Hazard tree risk assessment.
16.52.130
Nuisance tree.
16.52.140
City arborist established.
16.52.150
Notice of tree removal involving no construction.
16.52.160
Tree activity permits.
16.52.170
Tree I plan.
1651,180
Fee-iri-lieu rLus
. ..... .....
16.52.181910
Tree protection measures during construction.
16.52.1121909 City tree removals.
16.52.24),'10
Minimum street tree standards.
16.52.2-1-210
Owner responsibility within city rights -of -way.
16.52.221,30
Liability.
16.52.2-:3t4'0
Other general provisions.
16.52.010 Purpose and intent.
A. The purpose of the tree management code is to preserve the existing sylvan appearance
distinct features including proximity to the lakeshore, views, heavily landscaped streetscapes,
and large tracts of public and private open spaces. The.,�,; jit-trees:
I Contribttte I-o 'the resideritial charactt�r ot'Medim,',
..._11rovide a public health benef it,
3. Ilro\,'ide wiri, d,prAection. ecoto'.�i beneflits to wetlanids and watercotirses, a�id aid in
— --------- - -- ------- -
the stabilization ofgeoJcalh hazzu-clous, are -as:
. . .. .... ....... . . .. ..... - "
4. hn p ve ,surface water i h and control aiid bent-dit. Iake Washi ntjup and
5,,Reduqenoiseandairjjp,�, tioll,
L�I
1. Protect and preserve the existing tree canopy;
2. Provide homeowners flexible standards that encourage the preservation of trees while
recognizing the importance of having access to sunlight and views;
3. Recognize through the standards in this chapter that certain factors may require the
removal or pruning of certain trees due to circumstances such as disease, danger of falling,
proximity to structures and improvements, interference with utility services, protection of
view and sunlight, and the reasonable enjoyment of property;
. Encourage best practices for the planting and managing of trees appropriately to minimize
hazards, nuisances, and maintenance costs while allowing access to sunlight and views;
5. Prevent the indiscriminate removal or destruction of trees except as provided for i
accordance with this chapter;
6. Promote building and site planning practices consistent with the purpose and intent of this
chapter;
7. Ensure prompt development, restoration, replanting and effective erosion control of
property after tree removal with landscape plans and other reasonable controls; and
. Foster public education on the local urban forestry program and encourage good tree
management consistent with this chapter.
Where land is desitznated as under cvclq� 'U'r, )reservation of
__. _...._........ �_._-_
acl-fieved bv meetinu, the ininimumt required tree units established in Table, 16,,52,090,(B,),,
3 tie ; _° .. a v shall, be rggSip(i i �;_� � �� ���� � � ��� S _�lie (� �; �i� e, s outline
lti , le atllicatios of the treerk
_ �.P require _ets i this
c"I;a""I. over a 10-v�ear eeriod shall not cause the number and size of trees required to 1
NNITIQ M-T
first a )Iication.
a-
6. When calculglin 1'C % a t e pTeser tioll TeqWi rpments. trees excluded
- - - ----- --
from re ten-tiisia Ineservanon requirements shall not be included in the calculation.
-", -I '� of I gajq.�Iadrlg tive density requirempi,"its. critical areas and their
9 r t C puir areas .. ... ... .... . ............
1 -1--, Jlq� 11 1 ....... . . . ...... .. -,
asscici,ated In:fffers shall be excluded Fay n"i the lot area u,.',',ed for calculation (e, llyllple: a
16.000 sqj.,!si -c has lot has a strezrin on site h tat enconijz-g q, 1,5('J!O_sqqa-� � I I t inclhidine,
.... . ..... . ..
the stre,�am buffier. The lot area t,,sed for 1: ee de -isil gilculation would be 14�500
feet, Q 1, 500 = 14,50Q)
a. Critical acreas shall be limited to wetlu.,�ds, strear-ris, reas,
S' - --- - ------------- - ... ..... . .. — -------
con-zer-��atiori, easerncnts. and flicir associated buffers as described in, MMC
.. . . ......... ..... ..... - --------- -- . . .. ...... ------- --------- . ...... . ......
Chapters 16.50 arid 16,67, and
,I), Rcrqp-val ofam yeuetation or woock, &bris trees, fi-gin a crtfical are,,,�t
. ............. .... .
qigbioof to the rc�,nilafions, in %4W"',Clianters 16.50 and 16.6',
8. All of the followin- shall be excluded from the reouirements of this
b. Nuisance trees desi mated pursuant to MMC 16.52.130 and where ifWlicablM
re-deve1ppMent.does not remedy the conditions causing the A
All
211 14 wttiwil OR WATAII III Sol I
16.52.0-230 Applicability of the tree management code.
A. No person or their representative, directly or indirectly, shall remove or destroy trees located
on private property or public property within the jurisdictional boundaries of the city except as
provided for in accordance with this chapter.
B. Additional tree management requirements are set forth in the Medina shoreline master
program as provided in MMC 16.66.050.
16.52.0-314 Exemptions.
The following are exempt from the requirements in this chapter:
A. Trees less than six inches diameter breast height unless the tree is used to satisfy a
requirement of this chapter;
B. Normal and routine trimming and pruning operations and maintenance of trees and vegetation
on private property following the most current ANSI standards;
C. Emergency tree removal or hazard pruning for any tree that poses an imminent threat to life or
property provided:
1. The city is notified within seven days after the emergency tree removal or hazard pruni
takes place and evidence is provided of the imminent threat supporting the emergency tree
removal; and I
2. If evidence of the imminent threat is not provided, or the director determines the evidence
does not warrant an emergency tree removal, the director may require the responsible person
of this chapter;
D. Trimming and pruning operations and maintenance of trees and vegetation following the mos)
current ANSI standards or removal of trees performed by the city or a contractor contracted by
the city within a public right-of-way or city -owned parkland;
E. Removal of trees and vegetation management by the city or an agency under contract with the
city for purposes of installing and maintaining fire hydrants, water meters, pumping stations, or
similar utilities; or
F. The removal of a dead tree where the director pre -determines that the tree died from naturally
occurring causes.
16.52.0450 +'s!aVbjseb r-
This chapter prescribes the requirements for tree p and planting on lands
undergoing development, and the requirements for removal of significant trees on private and
public lands. Diagram 16.52.04 ' 5 ' 0 offers a user's guide that outlines the general process for
applying the provisions of this chapter,
amm
1 = r 1 M
I L City Trees
----------- --------- -------
Is the proposal exempt?
See MMC.52.04.0
L! 0Is the land under development? Yes --j See MMC 16.52.090
Yes Is a tree being removed?
No* Is a tree being removed?
Follow o L b tr, ,� Esz, s fQ4 s.,Ian
Yes In IVIIVIC I&KA 70
Is the tree a significant species?
See MMC 16.52.060 &
No* Suitable Tree Species List
Yes
Yes Is the tree a Legacy g[jq� Tree?
See MMC 16.52.080
Retain Tree*f��
Retain
Determi ration
Requirements
m ts See
MMC 1 "'o
ee M IVIC 16.52.1 "10
. . .......... .. ....... . . . .... . .
Determine tree permit
See MMC 16.52.111169
Denotes no further action required.
am
Determine Net Existing Tree Units
IVIIVIC 16.52.0,90(C) I
Determine if supplemlental trees are required
MIVIC 16.52.090(D)
Determine tree permit
See IVIIVIC 16.52.11 60
16.52.05AO Designation of significant tree species.
A. A list of suitable tree s[cecies consis the
document entitled "City of Medina List of Suitable Tree Species," adopted by Ordinance No.
923 and on file with the city for the purpose of establishing significant tree species on private
property, public property, and city rights -of -way; and tree species that are eligible for credits in
this chapter.
B. The director shall maintain the "City of Medina List of Suitable Tree Species" document at
Medina City Hall and may administratively modify the list consistent with the following criteria:
1. The designation of coniferous trees should include all species excluding tree species
known to have invasive root structures and to be fast growing such as Leyland cypress ani
should also exclude trees planted, clipped or sheared to be used as a hedge;
2. The designation of deciduous trees should include those suitable to United States
Department of Agriculture Plant Hardiness Zones 8 and 9, excluding those trees with crown
diameter of 10 feet or less at maturity;
3. Plantings of the following tree species within the city's rights -of -way shall be prohibited:
London plane, quaking aspen, Lombardy poplar, bolleana poplar, cottonwood, and bigleaf
maple.
C. The director shall submit proposals to modify the "City of Medina List of Suitable Tree
Species" to the city council for their consideration. The city council may approve, modify or
:ieny the proposed modifications. The city council may also decline to take action on the
rrroposed modifications, in which case the modifications shall be incorporated into the list and
take effect five days after the date the city council declines to take action.
W. The "City of Medina List of Suitable Tree Species" is used in conjunction with the definition
of significant tree set forth in MMC 16.12.200 to denote the term significant tree as used in this
chapter.
16.52.0619 Designation of land under development.
Land is designated as under development for purposes of this chapter if one or more oft e
following conditions is present:
A. Any development activity requiring a building permit where:
1. Construction of a dwelling having a gross floor area of 2,500 square feet or more;
2. Construction of accessory buildings on property containing a residential use, or supporting
a residential use, where the total gross floor area of all accessory buildings on the lot is 1,000
square feet or more-,
3. Any building constructed to be occupied principally by a nonresidential use where the
gross floor area of the building is 1,000 square feet or more;
4. Any series of exterior alterations, modifications or additions that over a four -consecutive -
year period increases the total building footprint on a lot by more than 500 square feet or 15
percent, whichever is larger;
5. Construction of any structures, including but not limited to driveways, decks, patios, and
walkways, that over a four -consecutive -year period increases the impervious surface on the
lot by a total of 2,000 square feet or more-,
6. Grading that over a four -consecutive -year period totals 2,000 cubic yards or more.
B. Any development activity requiring a building permit, a right-of-way permit, and/or a land
use orshoreline permit where:
1. One or more significant trees are removed, with at least one tree having a I 0-inch
diameter breast height or larger size; or
2. Four or more significant trees are removed, provided each has less than a I 0-inch diameter
breast height size; and
IIMFQTOi i� - 0 -
a. Significant trees removed within two years prior tothe submittal of an application for
such pen -nits; or
EM3
MUMM1 .
3. Removes four or more significant trees, with at least four trees having a I 0-inch diameter
breast height or larger size, over a four -consecutive -year period.
D. The counting of removed trees under subsections (B) and (C) of this section shall not include
those trees designated as a hazard or nuisance tree pursuant to MMC 16.52.120 and 16.52.130,
respectively.
ituaL
epnA --a,ei-
X Itk -Cyr
t p er A fit
eight and -14'e
UUM
.. .._...
,. i P ha��..x;... £a�u ��.'��. ��� is ��"�� � $s3� s�. 4- 1 � x�� � �,� : k
i,424 ,i "s " _..s� .c` '�:v'e ..... - , t `. > 3• , '' .w... ` . .: z ? s - , ,W .... F, aa: ',. xs
.,t, " t -lit rr ;
III„ I lfia ,ti'v-,
t k,' t- ," ..:s' stA)
. $.w a.. p 4 t #e ... qua § . . >,. ;°. .t s ... a j,• rah p-!'od-
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16.52.080 Legacy tt i i t tree protection measures.
This section applies to trees designated as 1111egacy > s s u trees, which are native trees
that because of their age, size and condition are recognized as having exic. pti&,niat outstarAh-q__
value in contributing to the character of the community. ti ° , - a ; w �� a ��< � t r e e s; v,, ithin the
A. A L a " or .�.r��sn'xk"�'����sk tree �: � x� „. h �. � x �x ;� ��}i ., �a �� '� shall be &�s� sig #,-tL�, d flFi-�fi
x was. � � �
by meeting the following criteria:
tree -
The tree species is denoted as a legacy tree on the "City of MedinaList of Suitable
Tree Species"; and
O
5(416 inches or larger btat less tharI 50J,
.,?!b, The diameter breast height of the tree is ill( lies
and
, c, The city arborist determines the tree to be healthy with a likelihood of surviving more
than 10 years based on assumptions that:
ll,fi. The risk of the tree declining or becoming a nuisance is unenhanced by any
proposed development,,� an,
"I
1_,.at),(Jrii;eirk, tree:
1-11111-11 IIIIIIIIIIIIIII_ .... . - --- - ----------
a. The tree _5,1-wsJes is dqiw-t(,.,d as legac\ tree oti the "CitN of Nvlediria List of'Sqivable
- - -----------
S , "' J .awJV,Cles : alia
b, The dianleter breast as igght ofthe tree is 50 inches or lare!cr: �,,,ind
c, The cit,zi orist ale terknines the tree to be bealthi% with a likelihoo,'d ol'surOlvIn" niore
than 10 vears based on asSuM[,!fiqns that:
i... Thic tree is pTisperly cared for- and
ii. Therisk of the tree dechnin- or becoininu, a ntiisarwe iS Urienhanced b� zlrn
2
yl
e,-I,,e ed-vvithira-44
v
-444etlte�-
B. Legacy dintark trees shall be preserved and retained unless replacement trees arc
planted in accordance with the following:
-I-I The quantity of replacement trees is calculated by multiplying the diameter breast height
of Oht-.� g"'ich subject 4 L,egacy tree t,�, y 54pI,,ert,,I'3HI`[ tlh,,:,� st,,,andards in "['able
....... . ......... OSO( to establish the number of replacement inches; and
k E,�, Elh-e- e-i at-�let trtt�,-is,ft a rnare
aA
b� AH 1",rac6ons sectiorz shall be rQUI)dCd Up to thcgg�xt avholc ri'l ber.
. ... ... ..... ... . .. .........
fj
Less than
a 00 a x 4% removed @ 3
x.
Fr bass z 10,001 to � 3.0 �� x 5 e c� rt, sa:t..�`fe D -
rom 5M 1 to 20.000 `k q .i ..£i.P_.�"
� y . Y.�D
......3 A..it.i�. .
�ylreell ._..:.: � 3~ T R"i a 3 £ S
Total e.isfin,.! tree units on site,n 6. unis:.k°s.
_ ijit I
0-inch DBH � trees
-. ~.gnit.. s.. t5 iiMits pgpCO6Atr+ ejCe
fi a,)
`d $d£yg.trees "5FiwLg'$s�...
., ,. .F.
_ _..
Net tree tinits: 3,,5
Suvvk� ,£a c,PP jnilk a R L Isis.,= ," Ypsjz��Tpqqirqd trep snits 3._5 net tree" ass-iJts) 5 o-r l tr'P(.
_r as ; S? Y �:a sj �� 'units, I ��`as� a,44 � 4� 4 4 sasande u) t h next Sa �apl IlUr a se s )
_. _ _.. _.
Jacennent inches
Landmark -Tree R(:,moved- No
o "
nch trees
Tian" qj,,w a���"� as a�. �� a� �sks�.a'a isT:,he'ss is Calculated by intfli ip ni the d_ssanicAe br a _Mst
ha f !bt of each subiect �..���a���'�a�:���� tree bN 10 percent to establish than°_�lli��inium�
MUM
K All fluctions tfl,'this section slhall be ri,)tirided to the ncxt whote �ngmber.
. ..... .. ............... ...... ... 11 1
C. In lieu of planting the replacement trees prescribed in subsection (B) of this section, an
applicant may satisfy the tree replacement requirements byl-gH"-,'efiHrn! ffie. criteria set, rthfi-�,
INIMC 1&52,180
2.
4F. e�tlsi iirad
.3,
4fiff"id -iiniJ 411-e,414+14 he e, S-13% 41) aq4
tetal- �-t�j
1. Each replacement tree shall meet the standards prescribed in MMC 16.52-0900
t Aft-YU FIEL
2. The tree replacement requirements set forth in subsections (B) and (C) of this section shall
apply to the removal of a ILegacy qrjo trees in lieu of and in addition to
requirements for removing nonlegacy trees;
3. The tree replacement requirements set forth in this section for a IL',egacy!LiI�.LL�iiidni�-11,-k
tree shall not be used to satisfy requirements for removing nonlegacy trees or a pre-existing
tree unit gap;
4. If the minimum anc,e pre - ser%a - I, iot' i standards in MMC 16.52.090 are used, and if
supplemental tree units are required, the tree replacement requirements set forth in
subsections (B) and (C) of this section shall together count as one supplemental tree it;
) I tl 4 '1 t� �
5. Off -site tree planting as described in MMC (CY!
'"'."', P are
acceptable alternatives to on -site replacement tree planting I �q!\ided tbc director or designee
qpp�qyes of t1w offsjte,, location in wrifing
16.52.090 Minimum per4or4aante standards for land under development.
A. The requirements and procedures set forth in this section shall apply to lands that are
designated as under development pursuant to MMC 16.52.06 - 70. Figure 16.52.090 outlines the
primary steps prescribed by this section in establishing requirements and determining
compliance with this chapter.
WME
Figure 16.52.090 Tree - )MiHlee, 1!,M,' on Process
Calculate Required Tree Units
(Minimum Presenvation
Standard)
Calculate Net
Existing Tree Units
Subtract Net Existing Tree Units
from Required Tree Units
If Difference is Zero
Difference 's
or Negative
No Suppleme
Trees Required
Lot Area / 1,000
If Difference is
Positive
Calculate Requ, dired aI
Supplemental
meet the minimum required tree units established by the following procedures:
TIAIM1� ► r'
9,7TYTe quotient is mu ip ie y �411 L
set forth in Table 16.52.090(B); and
'57TWO—r—esu-Ming proauct is rounciel
number of required tree units.
Zoning District Category of Land Use Tree Density Ratio
Residential
— — - - - -------- ----- --------------- - -
R-16, R-20, R-30 & SR-30 Golf Course 0.15
Nonresidential other than specifically 0.25
listed
Public Schools 0.15
031M
Zoning District Category of Land Use Tree Density Ratio
Parks 0.42
Residential 0.31,540
Nonresidential other than specifically 0.25
listed
N-A All 0.25
State Highway All 0.12
C. To determine compliance with the required tree its applicable to the lot, apply the following
procedures:
1. inventory all existing significant trees on the subject lot; and
2. Assign a tree unit to each significant tree using the corresponding tree unit set forth in
Table 16.52.090(C); and
• r f r
M-W1111M 14111
units oi mose sigmVicant I rMS rClnOVCU LOICLUI-111111C L11C I IUL UMSLIkk�; LrCC LHILS �T- 1101 101 1
fractions); and
4. Subtract the net existing tree units from the required tree units determined in this
subsection (C) to establish:
a-. If the net existing tree units equal or exceed the required tree units then no
supplemental trees are required; or
b-. If the net existing tree units are less than the required tree units then supplemental
trees are required pursuant to subsection (D) of this section.
Diameter Breast Height Tree
Tree Type �
of Existing Tree Unit
6 to 10 inches
Greater than 10 inches
6 to 10 inches
... . . . .... . .............. - .1
supplemental trees are required, the quantity of trees is determined by applying the
following procedures:
1. Determine if a pre-existing tree unit gap exists by subtracting the total existing tree units
from the required tree units:
MOMMIllM, MEME =i.
2. To calculate the quantity of supplemental trees required, apply the provisions in
subsection (D)(3) of this section first to those supplemental trees replacing an existing
significant tree starting in order with the largest tree to the smallest tree, and then, if
applicable, apply subsection (D)(3) of this section to those filling a pre-existing tree unit gap;
OEM HEIVE=1 I IR 1 111111.11 I'M T11111118MEMM
Two supplemental trees shall be required for replacing each existing significant tree
having a diameter breast height of 24 inches and larger subject to the limitation in
subsection (D)(3)(d) of this section, and consistent with subsection (D)(2) of this section
these shall be counted first;
assignect tree unifs a(IUCU LO LIIC IICL CAINLIlIg tICV__,Y_IIILZJ SIM11 CNWO'i LIIC 1111M
required tree units established in subsection (13) of this section; and
Purpose of Supplemental Diameter Breast Height of Tree Unit for
Tree Removed Tree Supplemental Trees
Replace an existing 6 inches to less than 24 inches 1.0
significant tree 24 inches and larger
Fill a pre-existing tree unit Not applicable 1.0
gap
1111IMEM
Determine Required Tree Units:
9 15,000 sq. ft./ 1,000 sq. ft. X 0.40 Tree Densil
•
IV "M
• T ree 30-inch DBH trees
• One 10-inch DBH tree
• One 6-inch DBH tree
=11
Sig • oved
nificant Trees Rem:
Two 30-inch DBH tree�
One 6-inch DBH trees
VIA 7
Calculate Required Supplement Trees:
* 2 to replace 30-inch DBH tree = 1.0 tree unit
* 2 to replace 30-inch DBH tree = 1.0 tree unit
* 1 to replace 6-inch DBH tree = 1.0 tree unit
* 3 to Fill 2.75 Pre-existing Gap = 3.0 tree units
Total: 7.25 tree units
4. A�piplik
1 6.0 Required Tree Units
3,25 Existing Tree Units
1.25 Net Existing Tree
'k w +ee� i �, '� -,�A `4,e
cww rf-vl�alt ---tl, -k �,r - 6"e's-Ininn sel" ,e*14
e Si!,LpfeeieslL
b� .. . . . . . . . 4,ot!
c,,,, fiat,41- tqpp
t-ree-4-si...
M_,!M
''��`�.�`��'.-°a-�''•'c��'s'"e'�?w'aa�.'���'n��,:,�,:�:�k.,'-+.a'v,"$�::*—;:"to- ��,����E"e'��t's�z�4-::�.-+. e:`�,�,,n��,:y.
p-.. .E .. in, �� ail t� � m �-e -Af �i��rw. - .�' t s ° � ,, x•:� � a.�� '� sa S- a a.v,'
:in�:
tmiemnf?e
.. A44 tcfi"
16.52.100
3 .�n •; -�.� � s 9- a �. .� ., a r x ,r �� srta �. $� a �.. bs" g r,.
"$%-i��'t"%.v:��'��:-..�slt�.�"i�'�wc�ak�i�..���i�,��.,-�3�s�a-�fii ��Z��.v...����*�a.�i=i�'� �,—��;`, �>a�^�~'�an.,�'.• tta� `��?ai,.�a*� ���ai�aa
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ii aa.'3:i.
it
MUM
as 111,% n-'e an-i- a tas"it i eiit- a s.at t,� I . i'AltI -4t," `-it, eoini<,fero A, is"Aid k-N1 ,"-ft
}-s�-asaa$iaaa�a k��a w`a� a.a�...asa�;, a��s-saa�` ����'•��������x ��i��.�•v�t����?�~�aa�!x? i'�'aa r�a����,:§��.
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``as �.aL, al., aaa'.'3a-'aa-as°�t�a� a�.aa;:a�-.�a..��"a�i �.;�-.�.'a a��:��..�.`�-��-s$P-��t-�e-,a�'�'����,:�'--�:��.�•��a.y>.�-�„�:�..��-�.'�,w.,.�-a�."U'�°a�z's��,;��.a .,:�ks�:..,.
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� .�:�rwa �,-�'�ax`.-�`����a�ax���€��� �a�av��;� �e�� ��-����as,?�"�� �t.� •;:� °f^�d?��?� '�i;���:'u ���aW..������$�����`�3� �.����,�£;�"e-��az�:w�.fi,„,
? .;-�.-�;aas�as���ya>aaa �$°�-�� ��a�v...����.»ri.�as,�a:`asa ��;x������a�-•��=� �,.��.' .,'��3'�.,�.c��,�...����i�..��xiF=���u��...:-z�a° ������$�exi`r:'�,�a,�s���.����s-���.�~
A. "�t'aaaW` :aaaya �a'a.aaaaa is a aa.� . �`aaaaSaa tea', i��
zip°,..set forth in the Jt� , ,o '° a dina_List of Suitable Tree S a; , ie eraablist-ked in MINIC 165 060
and shall naf ct the R-Alft3wasaaa as�„.a �a.�"�"�; a�: t, ,�..�;... � �aan
Each, `aur� Ipgenial tr shall have e a� �� ilghliip'n� s�:`als )aa • oftwo �nche sas _I: fl,'aa as
o a..aas as ..atia Shall ... a a :a asaaafi€'aaaaa'a a Gass a aa. the aaa a £a au as t e kaa. n b� hi
a'a
I
a aa be,111aaaaaa a�..r_n._...� i.�a..aar of ro ca ah,qz an_d lag!gi.n., that allows then-i t '±rox'
... n
k
lea maatulit
Existing trees �within the bt1urid ri o h lint aav� ' less th', n s,i i.ncl � 4 dam qc r . _r s�F
aaa a,J;t aaa as cour),t s's su aplernaaaaaa l tree a y tree meets all oflu, r raWeaauaaa.angnts
abl to ass ata aaient al_tree,
_trees r Iaagaaa"a existing siung facaant trees as shall have at least one tree be of fl" e
~** t d � Z � € � �' � r� ,a� a �"rkifj qnt 'arse i is � s��Iaa'S �a�g. an��
a_. The owner of the sjiL t lot sha-1laic e assa ry nicasures to prisur tIiw_���Lipleg BLit,
owner shall I)c
aid a a a, €, € a genital trees . do riot enna n ire altar\
. _ ..
and viable f6r ahe._. five years afterinspWD , I_,�l the city.
.�: sib' It' 'apt tree for th.�. �'$�.�����i a a, �'a ,�a ���.;� ��:�"xift��� e��,
..Where., aaa a a, as a aaa`aa Friar aaa as€ua'aa ?€ sr `��a 'a�. .�a�aa'�r��901D � , r wpp,11be
y aknweai gal lac fa)II' enaa.l aaa�"aiaaa a rrite a°auaaaa �a o rn aortiaaa� Uaa least i : api pt:.,
_ _.__ gg g._.,�.__ i. _..._ .....,�
-sate gain ak ate , at0 §i�a&fit-�o ,,,wa N
Ad acent tar (,)r within crifi aal �areas and their aassocia t d buft' rs as defined in \4
Chan jtgas and a 6: -
a, Outside oferitical areasand abuffers_w.A 'a t.o:othet
r aakinp, ul as gyf, eta" stand of trees"
cA acent to a to nipa t_.developraaen nuwat er-fac €fad
a .. Outside of a'aalacafl, areasarid a��eir, associated buffers �1 but t��ai't..th con \,g-rd setback:
d. Outside of critical areas aaaad their _.... ass(,)cit a...bu k. s
�, a in s°„I aa`
a�o1aaabcit" a
2, -site. An owner as zn elect t(I-LI'jinit the aatlui ed trees of sij x.a )ama v,"Uitten re aae'-'L
a eprov aal froin the it% . Except where contribution to the Medina tree fund is used in lieu of
nlatim.-Y reauired trees. aunlication of this section shall not result in Dlantinp-trees below the
mini Cations aaac lwi
a. City -owned lroaerties
b,, Street as ae s-a w as not aaa�aa ediaateb aaa`ajaaaayaaat to a s jg,,) a rlya
C. Private pro pert with the written consent of the owner of the off -site location;.
. Other t)u lic ,)roe °a with the written consent oft e e tit with ` ris ictio over the
off -site location..
Umm
3®,.Aa"y other ty.� ,,het •�"�n%ned a',�"�liT3: pt to Rb\, t w dir Ottg"
s act:: i ,ea 1he director or d `^:h "ne as deter ain thereis i�`�.sull'.1s i,>ent urea to le .111 0111..1
----------
site or within the ag a(,,,, nt , �� j-, $c ri r�-of-�'� a theira. d"O or e i g� ��.� - � �..: $���10 ' ,
pj _�-qent of fe-e in lie u in accordance with M("...16,52.180.
l'or on -site
.
a(iministrative rules as necessar, rehatinku, to, the, care and mainlenance k'A off -site trees,
t_ nL trees at the of site location sluila no, be inc.,,.Iude as safisl`", irw, tree 111 n" 4
G, Trees site in fieu shall notbe countedas existi trees on,
J.
? _ i site trey is located.
. 2. Minimum eso do standards for land not under development.
A. The requirements set forth in this section apply to tree removals on lots not meeting the
criteria for land under development set forth in MMC 16.52.04°70.
B. Removal of significant trees on a lot, including hazard and nuisance trees, is authorized only
if the restoration requirements in Table 16.52.110 are satisfied, or if the property meets the
requirements prescribed in subsection ( ) oft is section.
Diameter Breast Height of Removed Restoration Requirements
Tree
Each 6 to 10 inches Plant one tree
Significant Greater than 10 inches, but less than 24 Plant two trees
Tree inches
24 inches and larger Plant three trees
Legacy , r _,jndrY)ak trees See MMC 16.52.080
Hazard trees — 10 inches and larger Plant one tree
C. To be eligible as a restoration tree, the tree species must be selected from the appropriate list
in the "City of Medina List of Suitable Tree Species" established in MMC 16.52.0 ,60.
-
D. Restoration trees shall be planted within the boundaries oft e lot, except as authorized
pursuant to subsection (J) of this section.
E. Restoration trees shall be planted in a manner of proper spacing and lighting that allows them
to grow to maturity.
F. Each restoration tree shall have a minimum caliper of two inches or, if the tree is coniferous, it
shall have a minimum height of six feet at the time of final inspection by the city.
G. Existing trees on site having less than six inches diameter breast height may be included as
restoration trees provided:
1. The subject tree is located within the boundaries of the lot; and
2. The subject tree meets all of the other requirements applicable to restoration trees.
H. The owner oft e subject lot shall take necessary measures to make certain that restoration
trees remain healthy and viable for at least five years after inspection by the city and the owner
shall be responsible for replacing any restoration trees that do not remain healthy and viable for
the five years after inspection by the city.
I. All trees used to satisfy the restoration requirements of this chapter shall be included as a
significant tree for purposes of this chapter.
J. In lieu of the tree restoration requirements prescribed by this section, an owner may satisfy the
requirements for restoration trees by meeting the requirements for off -site tree planting set forth
in MMC 16.52. 100.
K. The restoration requirements in Table 16.52.110 for removing significant trees shall be
waived if the following criteria are satisfied:
1. The subject lot contains a sufficient number of significant trees to meet the
p,rj,,,,,per yatioti standard for required trees established in MMC 16.52.090; and
2. The owner demonstrates that removal of the significant tree, including hazard and
nuisance trees, will not result in a failure to meet the ,,,servalion standards for
required trees established in MMC 16.52.090.
16.52.120 Hazard tree risk assessment.
A. Hazard trees are trees assessed by the city arborist as having a high to extreme risk rating
using the International Society of Arborists Tree is Assessment Qualification (TRAQ) method
in its most current form.
B. Steps in the TRAQ method in developing a tree risk rating include the following:
1. Identify possible targets and estimate occupancy rate;
2. Inspect tree and identify tree parts that could fail and strike targets (referred to as failure
mode);
3. For each significant failure mode identified:
MON
a. The likelihood of failure is assessed;
b. The likelihood of a tree part impacting a target is assessed;
c. The likelihood of a tree failure impacting a target is assessed;
d. Consequences of failure are estimated-,
e. The risk is designated pursuant to the matrix in Table 16.52.120(C);
f Possible mitigation treatments to reduce the risk are identified;
g. The risk is again designated pursuant to the matrix in Table 16.52.120(C) after
mitigation treatment is completed.
4. When assessing the risk of a tree, the city arborist shall evaluate the tree based on existing
conditions and shall exclude possible impacts caused by new development, any land
alteration activity, or other similar such activities that might otherwise unnaturally cause the
risk rating to increase.
C. The following table is from the International Society of Arborists TRAQ method and denotes
the risk rating matrix used to assess levels of tree risk as a combination of likelihood of a tree
failing and impacting a specified target, and the severity of the associated consequences should
the tree or any part of the tree fail:
Likelihood of Failure or Consequences
Impact Negligible Minor Significant Severe
Very Likely Low Risk Moderate is High Risk Extreme Risk
Likely Low Risk Moderate Risk High Risk High Risk
Somewhat likely Low Risk Low Risk Moderate Risk Moderate Risk
Unlikely Low Risk Low Risk Low Risk Low Risk
1. The consequences listed in Table 16.52.120(C) have meanings as follows:
a. Extreme Risk. This category applies to trees in which failure is "imminent" and there
is a high likelihood of impacting a target, and the consequences of the failure are
"severe."
. g— is . fus caTegoT7 arpoiles tit) RTY17i ON, TOTT ITS-177
and likelihood is "very likely" or "likely," or when consequences are "severe" and
likelihood is "likely."
c. Moderate Risk. This category applies to trees in which consequences are "minor" anil
likelihood is "very likely" or "likely" or when likelihood is "somewhat likely" and the
consequences are "significant" or "severe."
d. Low Risk. This category applies to trees in which consequences are "negligible" and
likelihood is "unlikely"; or when consequences are "minor" and likelihood is "somewhat
likely."
- etliod terminology tnat are not set YoTT =71771s c Tapier
16.12 MMC can be found in the article "Qualitative Tree Risk Assessment" by E. Thomas
Smiley, Nelda Matheny, and Sharon Lilly on file at Medina City Hall.
3. Potential targets are permanent structures or an area of moderate to high use. Where a
target does not exist, applicants should consider routine pruning and maintenance to mitigate
hazards.
D. Where a tree is found to have a high or extreme risk, the city arborist may authorize haz
pruning to mitigate the risk rather than removing the entire tree. I
E. If the city arborist assesses a tree to have a high or extreme risk and mitigation of the risk
through pruning or moving of potential targets is not feasible, the city arborist shall designate tho
tree a hazard tree.
16.52.130 Nuisance tree.
A. A nuisance tree, for purposes of this chapter, is a tree whose branches, stem and/or roots
cause one or more of the following conditions to exist:
1. Substantial physical damage to public or private structures;
2. A qualified professional provides verification based on conditions on the property that
substantial physical damage will occur within five years to a building containing a principal
use;
3. Substantially impairs, interferes or restricts streets, sidewalks, sewers, power lines,
utilities or other public improvements;
4. Substantially impairs, interferes, or obstructs any street, private lane, or driveway; or
5. The tree is diseased and restoration of the tree to a sound condition is not practical.
B. Designation of a nuisance tree is by the director following receipt of a written request
findings are made supporting a nuisance designation using the following criteria: 1
2. The nuisance associated with the subject tree cannot be corrected by reasonable measures
including, but not limited to, pruning, cabling, bracing, or if feasible, relocating structures
and other improvements; and
3. Other relevant information provided by the applicant and the city's inspection oft e
subject tree.
UUMN
16.52.140 City arborist established.
The director shall appoint a person to the position of city arborist who shall be assigned —
responsibility for evaluating the hazardousness of trees and other duties consistent with th*
I equirements of this chapter.
16.52.150 Notice of tree removal involving no construction.
A. Property owners removing a significant tree requiring a permit under MMC 16.52.160, but
not undergoing new construction or land alteration activity, shall notify the city at least 10
calendar days prior to the date the tree will be removed. The director may reduce this time with
ceceipt of a written request from the applicant and upon finding that the lesser time will providc
the city reasonable notification.
B. All property owners removing a nonsignificant tree that does not require a permit are
encouraged, but not required, to notify the city of the tree removal at least 48 hours prior to the
tree being removed.
16.52.160 Tree activity permits.
A. This section sets forth the criteria for applying permits that implement this chapter. All uses
and activities not requiring a permit must still comply with this chapter.
1. Land designated under development as determined in MMC 16.52.06.70;
2. Removal at any time of a significant tree, including hazard and nuisance trees, located on
private property or Washington State controlled land associated with the SR 520 highway;
3. Removal of any nonsignificant tree, including hazard and nuisance trees, located on
private property or Washington State controlled land associated with the SR 520 highway
that is located within 200 feet of Lake Washington pursuant to MMC 16.60.050;
4. Removal or pruning of any tree that is:
a. Six inches or larger diameter breast height size;
b. Located in any open or closed city right-of-way; and
c. Designated a hazard tree pursuant to MMC 16.52.120, or involving hazard pruning
authorized by the director.
C. An administrative right-of-way tree activity pen -nit meeting the requirements set forth in
MMC 16.71.050 is required for the following activities:
1. Removal of any tree, excluding hazard trees, that is:
a. Six inches or larger diameter breast height size;
b. Located in any open or closed city right-of-way;
ONE
c. Application for the permit is made by the owner of property adjoining the right-of-
way where the tree is located measured to the centerline of the right-of-way; and
d. The removal does not require a nonadministrative right-of-way activity permit under
subsection (D) oft is section.
2. Pruning of any tree, excluding hazard pruning, that is:
a. Six inches or larger diameter breast height size-,
b. Located in any open or closed city right-of-way;
c. Application for the permit is made by an owner of property adjoining the right-of-way
where the tree is located measured to the centerline oft e right-of-way; and
d. Excluding pruning activity that:
i. Follows ANSI standards in their most recent form;
ii. Does not endanger the life of the tree in the opinion of the director-,
iii. Does not remove more than 25 percent of the natural canopy of the tree;
iv. Does not remove a limb having a diameter greater than three inches; and
v. Application for the pruning is made by an owner of property adjoining the right-of-
way where the tree is located measured to the centerline of the right-of-way.
D. A nonadministrative right-of-way tree activity permit meeting the requirements set forth in
MMC 20.72.090 is required for the following activities:
1. Removal of any tree, excluding hazard trees, which is:
a. Six inches or larger diameter breast height size;
b. Located in any open or closed city right-of-way; and
c. Application for the permit is made by an owner of property who is not adjoining the
right-of-way where the tree is located measured to the centerline of the right-of-way.
2. Pruning or removal of any tree, excluding hazard trees and hazard pruning, for any
purpose, which is:
a. Six inches or larger diameter breast height size-,
b. Located in any open or closed city right-of-way; and
c. Application for the permit is made by a public or private utility or their agent.
3. Removal at any time of a significant tree, excluding hazard trees, which is:
a. Fifty inches or larger diameter breast height size;
b. Located in any open or closed city right-of-way; and
c. Application for the permit is made by an owner of property adjoining the right-of-way
where the tree is located measured to the centerline of the right-of-way.
E. A nonadministrative tree activity permit meeting the requirements set forth in MMC
16.72.100 is required for the following:
1. Removal at any time of a significant tree, excluding hazard trees, which is:
a. Fifty inches or larger diameter breast height size;
b. Located on private property; and
c. Located outside of the footprint of a building containing the principal use oft e
property.
2. The director may modify the procedures for deciding a nonadministrative tree activity
pen -nit and approve the application using a Type 2 decision process provided:
a. The subject tree is designated a nuisance tree pursuant to MMC 16.52.130; and
b. During the public comment period, the city does not receive any written objection to a
Type 2 decision decided by the director being used; and
c. The approval criteria in MMC 16.72. 100 are satisfied.
16.52.170 Tree ant .CI&fig_ij plan.
, UL
A. Permits for lands under development and permits for removing city trees in city rights -of -way
shall include a tree
ioll plan containing the following info n-nation:
I. A survey plan prepared by a Washington State licensed surveyor that includes the
following:
�(I niy
tila. Topography of the site at two -foot contour intervals;'1111
ebl, Critical areas as defined in Chapters 16.50 and 16.67 MNIG.
2. A site plan drawing showing the following:
a. Proposed improvements, alterations or adjustments to the subject property including,
but not limited to, buildings, driveways, walkways, patios, decks, utilities, and proposed
contours',,"
b. Existing structures, whether proposed to remain or proposed for removal
3. tree -planting plan that includes:
a. i*. i s? " ." i s . k"'a,'M3 5 sue.
The to atior 4_cnusa }� �_�°� ���i� r=s4e, and size
§� ". i' iii xcsni'local, ini tile boundatriesthe *€° , at
nd'a athnn anS ,
as ; fi, in" .. nit\ rights -of a �j � otatiorii o which s �� nifi� anf, trees will �e r `�lijae � andl
._
b,
that are less tban sip ���� �i��_.w (,iian ete breast n �imht are to b ��>tint as s'upj �������sa ��tq_
trees. the location gengs,,.coni::nioiinarne. end sizc ofsw. i tree,
a si
iia Tie - as a eg tatcd islands and sU a ss ramie, Kann as
individual. isolated Knees scattered red throng=Rout tile site,
i .. Treesnob pr �t we shfll b ��ealdq%. and wind -firm as
arb
d, F
,
a g,,�'ifiqal areas and their associated
buffe,rs,
e located within
Ln
rces
....... _,�.._ .. _.w._. _....... _.. ._,._._ �......... line.
.�� a$ � will s as a s 4 fi
..:' sai.��.��s c� situ ns��.,a which ss's i�a ��� �i"a�.ni s�tn �
..�?; sai ion" hsa a erw�S�ds
`"e foie n; ac cant trees O,saoversixt\ �"�i�� � feet in ter than twcpts,—fimir
"
a. at least 20 '
�`grceI'll t o th �����€E��W�� ,s" �°.i���_=s ` firc� sasShe t rmi ed sl IMC
6� t�90 si�°ssnl,u,b retained a.:u � �� zo�it11,in tIe °"says ocrinieter as all<°ovs-
I' .
h 10 p�rcent wi diin first 15-fbet of the ilie,
ii, 10 p ppt within the firm 154ect. (if the rear_pro, q1% line,
1), At le'J�A 20,11c., -nin
_rcqpt , 11 e', s4,,,nJficant trees as delcant -ed by MMQ
16,,5?.090 sftall be retained within the site inteiior,
c� In the event there are, root cnotwh,existin,-, significant trees to niect the
- ---------
pirements of this section, the,,, pficant shall work, with t1te cit\ al','horist to"
cnstUe,to the grgatest extOnt,11(2-5sible, tree retention ocolur,slll- ��hout the site
and is not concer�,tratcd in one area mg- qtilv along,flhe back prope:ro, line).
c, Corrq�jiance with the reqUircd tree denSit\, ritio_pqp5tiant to, MMCTab1c 16,51090
ef. If applicable, a list of supplemental trees to be planted consistent with the
requirements oft is chapteri,,
dg. If right-of-way trees are proposed for removal, an analysis of the tree mitigation and
a list of replacement trees to be planted,,
eh. The list of required tree plantings shall include the size, genus, species and common
names iand'.
fi. 4 As a plic ble, ,rooseu Lig plan that includes the required
W
tree plantings and other vegetation being planted, as appropriate, for determining
compliance with other provisions of the Medina Municipal Code (i.e., grading and
drainage and shoreline master program regulations).
B. The director may authorize modifications to the tree plan
on a case -by -case basis that reduce submittal requirements if the director concludes such
information to be unnecessary.
C. The director may require additional information to be included with the tree
r-ep i-eliwmfA jytn� ,fion plan, such as tree protection measures, where the director concludes the
" "k tc K�!
information is necessary to determine compliance with this chapter.
D. The applicant may combine the survey, site plan drawing, and/or tree
,,j1,jqP plan into a single document, or may combine the required information with other
documents, provided the city determines the submitted information is reasonably easy to
understand. All plans shall be drawn to a scale acceptable by the director.
E. Permits not involving land under development do not require a tree -raiyie val
prel.,s,lell-1vation plan. However, this shall not preclude the director from requiring such information
as necessary to determine compliance with this chapter.
A° The director or desiµ �,,i jqpriI i ze, [ja jnent, of a feg-jril-fieu lirovided.,
... .... ----- -- --- -----
1. There is insiffficient area on the lot or adip pa ,qt p,\ u-) -irwet the nUrnber of
Npjqcf,,,,ment inches j,,b% MMQ 16.521'.090or
Tre way or a city -[)ark in the Ocini
3, Fees shall 1.)e provided in. lieu (if on -site rcl,-jjacen�,,ent based 1,ipon flne followinu.-
........ ...
Sao The ex aeeted tree rel-I), qq,,,1,era cost inch]�Jjj, Jftr. ni.atcrials. and ingaintenance for
q q ......
eacti rej-,&tcenient tree, and
t,, 'nie most gaTc,,nt Courwil of Tree and -L.,andscaoc A)praisers Guide for Plant
p isal,
5,'Th a , Oicar,%t exC(,,,,,utes a Nvnften.ao eenteni with the Cil.N dennonstriting coniplianct',. with
......... ... .... . .. ... .... . .....
flie ci riteria in this section.
16.52.1820 Tree protection measures during construction.
A. Tree protection measures shall be implemented and maintained before and during all
construction activities to ensure the preservation of significant trees that are planned to be
retained. Tree protection measures shall be shown on grading and drainage plans, tree protection
plans, and construction mitigation plans.
1. Establish tree protection zones and install protective fencing at the drip line or other
barriers that are at least four feet in height, except where tree protection zones are remote
from areas of land disturbance, and where approved by the director, alternative forms of tr
I
protection may be used in lieu of tree protective fencing; provided, that the critical root
zones of protected trees or stands of trees are clearly delineated and protected;
2. Limit grading levels around subject trees to not raise or lower grades within the larger of
the following areas:
b. An area around the tree equal to one foot in diameter for each inch of tree diameter
measured at DBH;
4. Designation of areas on site for parking, material and equipment storage, construction
ingress and egress, and similar designated areas that do not negatively impact significant
trees;
5. Locate trenches for utilities that minimize negative effects on the tree root structure with
u R wit'i .2, suitallo ronikt -ttrzii -in in the vicinitv of the trees:
111111212111 qpiiiiip
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7. Implement a tree care program during construction to include watering, fertilizing,
pruning and pest control; and
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8. Measures for the disposal of potentially harmful items such as excess concrete, polluted
water of, and other toxic materials.
C. The director may approve deviations to the tree protection measures set forth in subsection
(B) of this section if the director determines that the deviation will provide equal or better tree
protection than the required tree protection measure.
16.52.1-211O City tree removals.
A. This section sets forth the requirements applicable to all trees located on city -owned property
and city rights -of -way.
B. General Provisions.
1. This section is intended to be of general application for the benefit of the public at large; it
is not intended for the particular benefit of any individual person or group of persons other
than the general public;
2. In addition to the limits set forth in MMC 16.52.0,'2_310, no city tree shall be broken,
injured, mutilated, killed, destroyed, pruned or removed unless authorized by the provisions
of this section; and
3. The exemptions in MMC 16.52.0,',,3,140 apply to this section.
C. Pruning and trimming of city trees is permitted provided ANSI standards in their most recent
form are followed and the trimming and pruning comply with the requirements for tree activity
permits set forth in MMC 16.52.160.
D. Removal of a city tree located within an open or closed city right-of-way may be allowed for
the following:
1. Hazard trees designated pursuant to MMC 16.52.120;
2. Nuisance trees designated pursuant to MMC 16.52.130;
3. Trees not suitable under utility lines, or in the city right-of-way, as prescribed in the "City
of Medina List of Suitable Tree Species";
4. Any tree having less than a I 0-inch diameter breast height size; and any trees not included
on the "City of Medina Suitable Tree Species List" for the right-of-way having less than a
36-inch diameter breast height size;
5. Trees where pruning and trimming for utilities caused significant defects to the primary
stem of the tree resulting in significant abnormal growth;
6. Trees where removal is necessary to allow vehicle access to a property;
7. Trees where removal is necessary to restore a view significantly obstructed by the tree
provided all of the following criteria are satisfied:
a. The owner of the adjoining property to the subject tree and the city of accept
allowance to have the tree removed;
b. The person claiming the view obstruction establishes the tree causes an unreasonabI
view obstruction using the provisions established in MMC 14.08.040 through 14.08.08
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c. The approval of a nonadministrative right-of-way activity permit is obtained pursuant
to MMC 16.72.090.
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1. Removal of city trees, including hazard and nuisance trees, is permitted only if
replacement trees are planted in accordance with the requirements in Table 16.52.1.2-900
except as allowed otherwise by this section;
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.. .........
...
Diameter Breast
Significant/Nonsignificant
Tree
Removed Height of
Tree Species
Replacement
Tree
Less than 6 inches All
None
6 to 10 inches All
Plant one tree
Each Tree (Include
Greater than 10 inches, Nonsignificant
Plant one tree
Nuisance Trees)
but less than 24 inches Significant
Plant two trees
Nonsignificant
Plant two trees
2inches and larger
4
Significant
Plant three trees
6 to 10 inches All
one
Each Hazard Tree
Greater than 10 inches All
Plant one tree
I III I J J JJ J J I J F JJ I Jill I
a. To be eligible as a replacement tree, the tree species must be selected from the
appropriate list in the "City of Medina List of Suitable Tree Species" established in
MMC 16.52.0,5160;
b. Replacement trees shall be planted within the city right-of-way adjoining the subject
lot;
c. Each replacement tree shall have a minimum caliper of two inches or, if the tree is
coniferous, it shall have a minimum height of six feet at the time of final inspection by
the city-,
d. Replacement trees shall be planted in a manner of proper spacing and lighting that
allows the to grow to maturity;
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e. At least one replacement city tree shall be of the same plant division (coniferous or
deciduous) as the city tree removed;
f, Approval to remove a city tree shall include conditions to make certain that
replacement trees remain healthy and viable for at least five years after inspection by the
city, including measures to replace those replacement trees that do not remain healthy
and viable;
3. In addition to the requirement for replacement trees in subsections (E)(1) and (2) of this
section, the public benefits lost due to the removal of the city tree shall be mitigated by
paying a contribution to the Medina tree fund in accordance with the following:
a. The contribution shall be deterinined by multiplying the diameter breast height inches
of the tree removed (significant and nonsignificant tree species) by a rate of $25.00;
b. Where more than one city tree is removed, the contribution for each removed tree
shall be added together to produce the total payment tote Medina tree fund;
c. The contribution rate for a city tree designated a hazard pursuant to MMC 20.52.120
is zero;
d. If removal of the city tree was not authorized by the city at the time of its removal, the
contribution rates shall triple and be in addition to any other penalties that might apply;
e. Unless a city tree qualifies for the emergency exemption pursuant to MMC
16.52.0,3L,'I ' city trees removed before a hazard or nuisance determination is made
by the city shall be presumed not to be a hazard or a nuisance.
F. The following planting requirements apply within the city right-of-way when a city tree is
removed:
1. 1 He maximum number o Fes in e city ngnt-or--w—ay—s =ane one tree Yor eac I
linear public street frontage, or one tree for each 300 square feet of plantable area within the
city right-of-way, whichever is greater, adjoining the subject lot;
2. The director may increase the maximum number of city trees prescribed in subsection
(17)(1) of this section, provided there is sufficient space in the city right-of-way adjoining th*
lot to accommodate the increase in city trees;
,1,11 10 111
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in subsection (17)(1) or (2) of this section, an applicant shall contribute $290.00 to the
Medina tree fund for each replacement tree above the maximum in lieu of planting
replacement trees above the maximum;
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in Tne ngnT,-o -way, su c 0 e 1 11 1
contributions to the Medina tree fund by:
aman
a. Six hundred dollars for each coniferous tree planted;
b. Five hundred dollars for each deciduous tree planted; and
5. New trees shall not be planted within three feet oft e edge of any paved roadway.
G. The requirements of this section may be used to satisfy the requirements set forth in MMC
16.52.2(')11_0.
H. Where a proposal includes application of this section and application of MMC 16.52.090
and/or 16.52. 100, the requirements for supplemental trees and restoration trees shall be applied
independent of the requirements in this section for replacement trees.
16.52.2010 Minimum street tree standards.
A. This section shall apply to properties adjoining the following city rights -of -way:
1. for arterial and collector street rights -of -way as defined in Chapter 10.08 MMC;
2. NE 8th Street;
3. 82nd Avenue NE between NE 8th Street and NE 12th Street;
4. 84th Avenue NE south of NE 12th Street; and
5. Evergreen Point Road north of 78th Place NE.
B. The following street tree standards shall apply when the lot adjoining the right-of-way is
under development pursuant to MMC 16.52.0620:
1. There shall be at least one city tree planted for each 300 square feet of plantable area
within the city right-of-way adjoining the lot with a minimum of two trees planted; and
2. The new city trees planted shall have a minimum two-inch caliper with coniferous trees
also having a minimum height of six feet at the time of final inspection; and
3. The requirements oft is subsection may be satisfied with existing trees in the adjoining
city right-of-way measured to the centerline; and
4. New city trees shall not be planted within three feet of the edge of any paved roadway;
and
5. Trees shall be planted in an informal pattern to create a natural appearance.
C. The following exceptions shall apply:
1. Shrubs, trees and plantings within the required sight line areas at private drives, private
lane outlets and street intersections shall not interfere with required sight distances-,
2. The director may waive the requirements of this section if the right-of-way to be planted is
planned for modification in the Medina capital improvements plan.
16.52.2120 Owner responsibility within city rights -of -way.
A. All owners of property adjoining a city right-of-way shall be responsible for maintaining all
right-of-way b-,i the y ,grogLrLy owner
or previous owner of the property, or for which responsibility has been assumed by the owner
through a recorded agreement with the city.
B. All owners of the property adjoining a city right-of-way shall ensure the trees, shrubs and
ikyly-A-j I I L"" 1jW-11"10Ii C, 4, 1 A MN - I A i
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C. No hazardous or destructive tree species shall be planted in the city rights -of -way. The city
shall maintain a list of suitable trees that are acceptable to be planted in city rights -of -way
consistent with MMC 160.
D. The requirements of this section shall apply equally to the city rights -of -way whether the
city's title to the right-of-way was obtained by dedication, condemnation, deed or in any other
manner.
E. For the purpose of this chapter, an owner shall be considered adjoining up to the centerline of
the city right-of-way.
16.52.21110 Liability.
Consistent with MMC 16.10.070, nothing contained in this chapters be construed or form
the basis for any liability on the part of the city, or its officers, agents, consultants or employees,
for any injury or damage resulting from any person's failure to comply with the provisions of
this chapter or by reason of or in consequence of any act or omission in connection with the
implementation of or enforcement of this chapter,
16.52.2340 Other general provisions.
A. Implementation and Costs.
1. All costs associated with trimming and removal of trees shall be the responsibility of the
applicant or property owner; and
2. Any tree trimming or removal governed by this chapter shall be performed by a state of
Washington licensed tree service contractor, bonded and insured for the liabilities associated
with tree removal.
B. Survey. The city may require as a condition of approving a tree removal permit that the
applicant obtain a survey by a state of Washington licensed surveyor to determine if the trees
described in the application are located on the subject property, or if a tree is located within a
city right-of-way.
C. Supplemental Notice. The following shall supplement noticing requirements set forth in
MMC 16.80.140(A) when applied to tree activity permits:
1. Notice shall be posted on or near the subject tree or trees in a manner that clearly
identifies all trees being considered under the application;
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2. The director may approve the use of a variety of reasonable methods to identify trees
. . . . . . . . . . .1
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[IMPIT401140411P. I I 111! 111111
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pending application.
D. Limitations on Occupancy. A certcate of occupancy shall not be issued until all required
tree plantings and landscaping associated with this chapter is complete and receives final
approval from the city. Temporary occupancy may be granted pursuant to MMC 16.40. 100
zir'l
are satisfied:
1. The property owner provides a financial guarantee tothe city to ensure completion oft e
tree planting and landscaping;
2. The financial guarantee may take the form of a bond, line of credit, cash deposit, or
another forrit acceptable to the city;
Eel wril 1111.3W4101 01102t. 0
4. Terms of the financial guarantee shall include, but are not limited to, conditions for
approving the financial guarantee, a timeframe for the work to be completed, and terms
under which the city shall release the financial guarantee.
E. View and Sunlight Obstructions Caused by Trees. Pursuant to MMC 14.08.040, unreasonable
,00bstructions of views or sunlight by uncontrolled growth or maintenance of trees may constitute
a private nuisance subject to redress as set forth in Chapter 14.08 MMC.
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