HomeMy WebLinkAbout10-19-2021 - Agenda Packet
MEDINA, WASHINGTON
PLANNING COMMISSION MEETING
Virtual/Online
Tuesday, October 19, 2021 – 4:00 PM
AGENDA
COMMISSION CHAIR | Laurel Preston
COMMISSION VICE-CHAIR | Shawn Schubring
COMMISSIONERS | Laura Bustamante, David Langworthy, Mark Nelson, Mike Raskin, Randy
Reeves
PLANNING MANAGER | Stephanie Keyser
Virtual Meeting Participation
With the passage of the City’s Proclamation of Local Emergency, City Hall is closed to the public.
Planning Commission participation in this meeting will be by teleconference/online only. Members
of the public may also participate by phone/online. Individuals wishing to speak live during the
Virtual Planning Commission meeting will need to register their request with the Development
Services Coordinator at 425.233.6414 or email rbennett@medina-wa.gov and leave a message
before 12PM on the day of the October 19 Planning Commission meeting. Please reference
Public Comments for October 19 Planning Commission Meeting on your correspondence. The
Development Services Coordinator will call on you by name or telephone number when it is your
turn to speak. You will be allotted 3 minutes for your comment and will be asked to stop when you
reach the 3-minute limit.
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1. CALL TO ORDER / ROLL CALL
2. APPROVAL OF MEETING AGENDA
3. APPROVAL OF MINUTES
3.1 Planning Commission Minutes of September 28, 2021
Recommendation: Adopt Minutes
Staff Contact: Stephanie Keyser, AICP, Planning Manager
4. ANNOUNCEMENTS
1
4.1 Staff/Commissioners
5. AUDIENCE PARTICIPATION
Individuals wishing to speak live during the Virtual Planning Commission meeting will need
to register their request with the Development Services Coordinator, Rebecca Bennett,
via email (rbennett@medina-wa.gov) or by leaving a message at 425.233.6414 before
12pm the day of the Planning Commission meeting. Please reference Public Comments
for the October 19 Planning Commission meeting on your correspondence. The
Development Services Coordinator will call on you by name or telephone number when it
is your turn to speak. You will be allotted 3 minutes for your comment and will be asked to
stop when you reach the 3-minute limit.
6. PUBLIC HEARING
6.1 Tree Code Amendments 2021
Recommendation: Approval
Staff Contact(s): Stephanie Keyser, AICP, Planning Manager
Time Estimate: 80 minutes
7. DISCUSSION
7.1 2021-2023 Planning Commission Work Plan
Recommendation: N/A
Staff Contact(s): Stephanie Keyser, AICP, Planning Manager
Time Estimate: 10 minutes
7.2 Tree Code Enforcement – Supplemental Trees
Recommendation: N/A
Staff Contact(s): Stephanie Keyser, AICP, Planning Manager
Time Estimate: 30 minutes
8. ADJOURNMENT
ADDITIONAL INFORMATION
Planning Commission meetings are held on the 4th Tuesday of the month at 6 PM, unless
otherwise specified.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification
or accommodation, including auxiliary aids or services, to participate in this meeting, please
contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the meeting.
UPCOMING MEETINGS
Tuesday, November 16, 2021 - Special Meeting at 4:00 PM
Tuesday, December 14, 2021 – Special Meeting at 4:00PM
2
MEDINA, WASHINGTON
PLANNING COMMISSION SPECIAL
MEETING
Virtual/Online
Tuesday, September 28, 2021 – 4:00 PM
MINUTES
COMMISSION CHAIR | Laurel Preston
COMMISSION VICE-CHAIR | Shawn Schubring
COMMISSIONERS | Laura Bustamante, David Langworthy, Mark Nelson, Mike Raskin, Randy
Reeves
PLANNING MANAGER | Stephanie Keyser
1. CALL TO ORDER / ROLL CALL
Chair Laurel Preston called the meeting to order at 4:01 PM
PRESENT
Chair Laurel Preston
Commissioner Laura Bustamante
Commissioner David Langworthy
Commissioner Mark Nelson
Commissioner Randy Reeves
ABSENT
Vice Chair Shawn Schubring
Commissioner Mike Raskin
STAFF
Bennett, Kellerman, Keyser, Minor, Wilcox
2. APPROVAL OF MEETING AGENDA
By consensus, the Planning Commission approved the agenda as presented.
3. APPROVAL OF MINUTES
Motion made by Commissioner Nelson, Seconded by Commissioner Langworthy.
Voting Yea: Chair Preston, Commissioner Bustamante, Commissioner Langworthy,
Commissioner Nelson, Commissioner Reeves
3.1 Planning Commission Minutes of July 27, 2021
Recommendation: Approve
Staff Contact: Stephanie Keyser, AICP, Planning Manager
3
AGENDA ITEM 3.1
4. ANNOUNCEMENTS
4.1 Staff/Commissioners
Keyser made the following announcements:
Rebecca Bennett has joined Development Services as the new Coordinator.
Thank you for attending and participating in the Joint Council/Planning Commission
meeting.
The Planning Commission Work Plan will be adopted at the October 11th Council
Meeting.
On October 14th there will be an Open House on the tree code proposal.
On October 19th Planning Commission will hold a public hearing on the tree code
proposal.
Chair Preston made the following announcements:
Thank you Commissioners and staff for attending the Joint Meeting in September.
5. AUDIENCE PARTICIPATION
Individuals wishing to speak live during the Virtual Planning Commission meeting will need
to register their request with the Development Services Coordinator, Rebecca Bennett via
email (rbennett@medina-wa.gov) or by leaving a message at 425.233.6414 before 12pm
the day of the Planning Commission meeting. Please reference Public Comments for the
September 28th Planning Commission meeting on your correspondence. The
Development Services Coordinator will call on you by name or telephone number when it
is your turn to speak. You will be allotted 3 minutes for your comment and will be asked to
stop when you reach the 3-minute limit.
No public was in attendance to speak during audience participation.
5.1 Email received August 28, 2021 from Doug Hutson re: tree code
6. DISCUSSION
6.1 Tree Code Retention and Replacement Requirements
Recommendation: N/A
Staff Contact(s): Stephanie Keyser, AICP, Planning Manager
Time Estimate: 30 minutes
Keyser discussed staff report.
Commissioners discussed and asked questions.
Staff responded.
4
AGENDA ITEM 3.1
Motion made by Commissioner Langworthy, Seconded by Commissioner Bustamante to
replace the first 15 feet with the front yard setback in 20.52.140(C)(1)(c).
Motion Chair Preston, Seconded by Commissioner Nelson to table motion until there is
further clarification on the front yard location requirement. By consensus motion is
tabled.
Motion made by Commissioner Reeves, Seconded by Commissioner Langworthy to
recommend the development of an urban forestry guideline using Clyde Hill as a
template and modify it for Medina. (Approved 6-0).
Voting Yea: Chair Preston, Commissioner Bustamante, Commissioner Langworthy,
Commissioner Nelson, Commissioner Reeves
Motion made by Commissioner Nelson, Seconded by Commissioner Bustamante to add
the phrase "if available" to 20.52.140(C)(1)(d).
Friendly amendment by Commissioner Reeves to use the Mercer Island language (d) on
page 10 of the staff report packet for 20.52.140(C)(1)(d). (Approved 5-0).
Voting Yea: Chair Preston, Commissioner Bustamante, Commissioner Langworthy,
Commissioner Nelson, Commissioner Reeves
Motion made by Commissioner Nelson, Seconded by Commissioner Langworthy to
substitute the Mercer Island language on page 10 of the staff report, including within the
front yard setback as point 20.52.140(C)(1)(e). (Approved 5-0).
Voting Yea: Chair Preston, Commissioner Bustamante, Commissioner Langworthy,
Commissioner Nelson, Commissioner Reeves
Motion made by Commissioner Reeves, Seconded by Commissioner Langworthy to
Amend Motion to specify language from Mercer Island is amended to be appropriate to
Medina's code and include MMC 20.52.140(C)(1)(b) adjacent to Low Impact
Development (LID) section. (Approved 5-0).
Voting Yea: Chair Preston, Commissioner Bustamante, Commissioner Langworthy,
Commissioner Nelson, Commissioner Reeves
6.2 Tree Code Enforcement – Supplemental Trees
Recommendation: N/A
Staff Contact(s): Stephanie Keyser, AICP, Planning Manager
Time Estimate: 90 minutes
Keyser discussed staff report.
Commissioners discussed and asked questions.
Staff responded.
7. ADJOURNMENT
5
AGENDA ITEM 3.1
Meeting adjourned at 6:12 PM
Motion made by Commissioner Nelson, Seconded by Commissioner Langworthy.
Voting Yea: Chair Preston, Commissioner Bustamante, Commissioner Langworthy,
Commissioner Nelson, Commissioner Reeves
ADDITIONAL INFORMATION
Planning Commission meetings are held on the 4th Tuesday of the month at 6 PM, unless
otherwise specified.
In compliance with the Americans with Disabilities Act, if you need a disability-related modification
or accommodation, including auxiliary aids or services, to participate in this meeting, please
contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the meeting.
UPCOMING MEETINGS
Tuesday, October 19, 2021 - Special Meeting at 4:00 PM
Tuesday, November 23, 2021 - Regular Meeting Cancelled
November 2021 - Meeting Date TBD
Tuesday, December 28, 2021 - Regular Meeting Cancelled
December 2021 - Meeting Date TBD
6
AGENDA ITEM 3.1
MEDINA, WASHINGTON
AGENDA BILL
Tuesday, October 19, 2021
Subject: Tree Code Amendments 2021
Category: Public Hearing
Staff Contact(s): Stephanie Keyser, AICP, Planning Manager
Summary In September 2020, the City Council placed a review of the tree code on Planning
Commission’s work plan with the understanding of producing a code amendment before the end
of 2021. The attached draft ordinance incorporates the amendments from the September 28th
meeting.
Since the last meeting, it was suggested that the code’s purpose and intent be expanded to further
demonstrate the city’s commitment to tree preservation. The draft includes an amendment to this
section that mirror’s Mercer Island’s tree code intent language. Attachment “B” is the draft
language with all changes accepted.
This meeting is the last “bite at the apple” Planning Commission will have on this tree code
amendment before forwarding the recommendation to Council.
Attachment(s) Tree Code Amendments 2021 Package
Budget/Fiscal Impact: N/A
Recommendation: Approval
City Manager Approval: N/A
Proposed Council Motion: Move to recommend approval of the draft tree code as presented
Time Estimate: 80 minutes
7
AGENDA ITEM 6.1
Chapter 20.52
TREE MANAGEMENT CODE
Sections:
20.52.010 Purpose and intent.
20.52.015 General provisions and applicability.
20.52.020 Applicability of the tree management code.
20.52.025 Repealed.
20.52.030 Exemptions.
20.52.040 Using this chapter.
20.52.050 Designation of significant tree species.
20.52.060 Repealed.
20.52.070 Repealed.
20.52.080 Repealed.
20.52.090 Repealed.
20.52.100 Designation of land under development.
20.52.110 Tree retention requirements. Repealed.
20.52.120 Legacy and Landmark tree protection measures.
20.52.130 Minimum performance preservation standards for land under development.
20.52.140 Off-site tree planting Supplemental tree standards and priorities.
20.52.150 Minimum restoration standards for land not under development.
20.52.160 Repealed.
20.52.200 Hazard tree risk assessment.
20.52.210 Nuisance tree.
20.52.220 City arborist established.
20.52.300 Notice of tree removal involving no construction.
20.52.310 Tree activity permits.
20.52.320 Tree removal and planting preservation plan.
20.52.330 Fee-in-lieu of supplemental plantings.
20.52.340 Tree protection measures during construction.
20.52.400 City tree removals.
20.52.410 Minimum street tree standards.
20.52.420 Owner responsibility within city rights-of-way.
20.52.500 Liability.
20.52.510 Other general provisions.
20.52.010 Purpose and intent.
A. The purpose of the tree management code is to preserve the existing sylvan appearance
through long-term retention preservation and planting of trees that contribute to the community’s
distinct features including proximity to the lakeshore, views, heavily landscaped streetscapes,
and large tracts of public and private open spaces. The city recognizes that trees:
1. Contribute to the residential character of Medina;
2. Provide a public health benefit;
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AGENDA ITEM 6.1
3. Provide wind protection, ecological benefits to wetlands and watercourses, and aid in
the stabilization of geologically hazardous areas;
4. Improve surface water quality and control and benefit Lake Washington; and
5. Reduce noise and air pollution.
B. The intent of this chapter is to establish regulations and standards that:
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;
4. 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 in
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
8. Foster public education on the local urban forestry program and encourage good tree
management consistent with this chapter.
20.52.015 General provisions and applicability:
Where land is designated as under development pursuant to MMC 20.52.100, the preservation of
healthy trees shall be considered in accordance with the following guidance:
1. Tree preservation shall be included as a primary step in site planning and shall be
achieved by meeting the minimum required tree units established in Table 20.52.130(B).
2. Site design strategies and specific development site areas demonstrating preservation of
significant trees shall be presented at the pre-application meeting with the city.
3. A tree preservation plan shall be required that demonstrates the objectives outlined in
MMC 20.52.320.
9
AGENDA ITEM 6.1
4. Any applicable grading plans, pursuant to MMC Chapter 20.43, shall be developed to
avoid significant alteration to the grades around preserved trees.
5. Multiple applications of the tree retention preservation requirements in this section
chapter over a 10-year period shall not cause the number and size of trees required to be
retained to be reduced below the number and size of trees required to be retained with the
first application.
6. When calculating retention requirements tree preservation requirements, trees excluded
from retention preservation requirements shall not be included in the calculation.
7. For the purpose of calculating tree density requirements, critical areas and their
associated buffers shall be excluded from the lot area used for calculation (example: a
16,000 square foot lot has a stream on site that encompasses 1,500 square feet including
the stream buffer. The lot area used for tree density calculation would be 14,500 square
feet (16,000 – 1,500 = 14,500) provided:
a. Critical areas shall be limited to wetlands, streams, geologically hazardous areas,
conservation easements, and their associated buffers as described in MMC
Chapters 20.50 and 20.67; and
b. Removal of any vegetation or woody debris, including trees, from a critical area is
subject to the regulations in MMC Chapters 20.50 and 20.67.
8. All of the following shall be excluded from the requirements of this section chapter:
a. Hazard trees designated pursuant to MMC 20.52.200;
b. Nuisance trees designated pursuant to MMC 20.52.210 and where, if applicable,
re-development does not remedy the conditions causing the nuisance;
c. Those significant trees having less than a 36 24-inch diameter breast height size
and located within the footprint of the principal building on the lot.
20.52.020 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 20.66.050.
20.52.025 Using this chapter.
Repealed by Ord. 923.
20.52.030 Exemptions.
The following are exempt from the requirements in this chapter:
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AGENDA ITEM 6.1
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 pruning
takes place and evidence is provided of the imminent threat supporting the emergency tree
removal; and
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
to obtain a permit as prescribed by this chapter and require compliance with the requirements
of this chapter;
D. Trimming and pruning operations and maintenance of trees and vegetation following the most
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.
20.52.040 Using this chapter.
This chapter prescribes the requirements for tree retention preservation and planting on lands
undergoing development, and the requirements for removal of significant trees on private and
public lands. Diagram 20.52.040 offers a user’s guide that outlines the general process for
applying the provisions of this chapter.
11
AGENDA ITEM 6.1
Diagram 20.52.040
* Denotes no further action required.
20.52.050 Designation of significant tree species.
A. A list of suitable tree species consisting of coniferous and deciduous trees is set forth in 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 and
should also exclude trees planted, clipped or sheared to be used as a hedge;
Is a tree being removed?
Tree Code
Is the land under development?
See MMC 20.52.100
Determine Required Tree Units
MMC 20.52.130(B)
Yes No
Is the tree a significant species?
See MMC 20.52.050 &
Suitable Tree Species List
No*
Yes
Yes
Determine Tree Restoration
Requirements
See MMC 20.52.150
Submit tree removal & planting preservation plan
See MMC 20.52.320
Follow tree retention requirements objectives of tree
preservation plan
In MMC 20.52.110 & MMC 20.52.120 20.52.320
Is a tree being removed? Yes No
Is the proposal exempt?
See MMC 20.52.030
Determine Net Existing Tree Units
MMC 20.52.130(C)
Determine if supplemental trees are required
MMC 20.52.130(D)
Is the tree a Legacy or Landmark Tree?
See MMC 20.52.120
No
Determine tree permit
See MMC 20.52.310
Determine tree permit
See MMC 20.52.310
City Trees
See MMC 20.52.400
No*
Yes
Retain
Tree*
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AGENDA ITEM 6.1
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
deny the proposed modifications. The city council may also decline to take action on the
proposed 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.
D. The “City of Medina List of Suitable Tree Species” is used in conjunction with the definition
of significant tree set forth in MMC 20.12.200 to denote the term significant tree as used in this
chapter.
20.52.060 Notice of tree removal involving no construction.
Repealed by Ord. 923.
20.52.070 Tree removal and replacement plan.
Repealed by Ord. 923.
20.52.080 Designation of significant tree species.
Repealed by Ord. 923.
20.52.090 Tree replacement requirements.
Repealed by Ord. 923.
20.52.100 Designation of land under development.
Land is designated as under development for purposes of this chapter if one or more of the
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;
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AGENDA ITEM 6.1
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 or shoreline permit where:
1. One or more significant trees are removed, with at least one tree having a 10-inch
diameter breast height or larger size; or
2. Four or more significant trees are removed, provided each has less than a 10-inch diameter
breast height size; and
3. The criteria in subsections (B)(1) and (2) of this section shall include the following trees:
a. Significant trees removed within two years prior to the submittal of an application for
such permits; or
b. Significant trees removed within two years after such permits are finalized by the city
and the project completed.
C. Clearing or grubbing of land that:
1. Is located outside of city rights-of-way;
2. Requires no permits, except for a tree permit; and
3. Removes four or more significant trees, with at least four trees having a 10-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 20.52.200 and 20.52.210,
respectively.
20.52.110 Tree retention requirements Repealed.
A. Where land is designated as under development pursuant to MMC 20.52.100, trees within the
boundaries of the lot (retention of trees in the city right-of-way are governed by MMC
20.52.400) shall be retained in accordance with any one of the following:
1. Preserve at least 50 percent of the existing trees that are:
a. Six inches diameter breast height and larger; and
b. Of a native species eligible for credit on private property as set forth in the “City of
Medina List of Suitable Tree Species”; or
2. Preserve at least 40 percent of the existing trees that are:
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AGENDA ITEM 6.1
a. Six inches diameter breast height and larger with at least half of those required to be
retained each having 10 inches diameter breast height or larger size; and
b. Of a native species eligible for credit on private property as set forth in the “City of
Medina List of Suitable Tree Species”; or
3. Preserve at least 35 percent of the existing trees that are:
a. Six inches diameter breast height and larger with at least half of those required to be
retained meeting the following:
i. All shall have a diameter breast height size of 10 inches or larger; and
ii. Forty percent shall have a diameter breast height size of 24 inches or larger; and
b. Of a native species eligible for credit on private property as set forth in the “City of
Medina List of Suitable Tree Species”; or
4. Preserve at least 25 percent of the existing trees that are:
a. Six inches diameter breast height and larger with at least 75 percent of those required
to be retained each having 24 inches diameter breast height or larger size; and
b. Of a native species eligible for credit on private property as set forth in the “City of
Medina List of Suitable Tree Species.”
B. All fractions in subsection (A) of this section shall be rounded up to the next whole number.
C. The requirement for tree retention under subsection (A) of this section shall not exceed the
trees necessary to meet the required tree units set forth in MMC 20.52.130.
D. Multiple applications of the tree retention requirements in this section over a 10-year period
shall not cause the number and size of trees required to be retained to be reduced below the
number and size of trees required to be retained with the first application.
E. When calculating retention requirements, trees excluded from retention requirements shall not
be included in the calculation.
F. All of the following shall be excluded from the requirements of this section:
1. Hazard trees designated pursuant to MMC 20.52.200;
2. Nuisance trees designated pursuant to MMC 20.52.210 and where, if applicable, re-
development does not remedy the conditions causing the nuisance;
3. Those significant trees having less than a 36-inch diameter breast height size and
located within the footprint of the principal building on the lot.
20.52.120 Legacy and Landmark tree protection measures.
This section applies to trees designated as lLegacy and Landmark trees, which are native trees
that because of their age, size and condition are recognized as having exceptional outstanding
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AGENDA ITEM 6.1
value in contributing to the character of the community. Legacy and Landmark trees within the
shoreline jurisdiction are regulated in MMC 20.66.050.
A. A Legacy or Landmark tree meeting all of the following criteria shall be designated as a
legacy tree by meeting the following criteria:
1. Legacy tree:
1a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable
Tree Species”; and
2b. The diameter breast height of the tree is 50 36 inches or larger but less than 100
inches; and
3c. The city arborist determines the tree to be healthy with a likelihood of surviving more
than 10 years based on assumptions that:
ai. The tree is properly cared for; and
bii. The risk of the tree declining or becoming a nuisance is unenhanced by any
proposed development; and.
2. Landmark tree:
a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable
Tree Species”; and
b. The diameter breast height of the tree is 100 inches or larger; and
c. The city arborist determines the tree to be healthy with a likelihood of surviving more
than 10 years based on assumptions that:
i. The tree is properly cared for; and
ii. The risk of the tree declining or becoming a nuisance is unenhanced by any
proposed development.
4. The tree is not:
a. A hazard tree pursuant to MMC 20.52.200; or
b. A nuisance tree pursuant to MMC 20.52.210; excluding those trees where, if
applicable and feasible, redevelopment can remedy the conditions causing the nuisance;
or
c. Located within the footprint of the principal building on the lot, excluding those trees
where alternative design of the building is feasible in retaining the tree.
B. Legacy and Landmark trees shall be preserved and retained unless replacement trees are
planted in accordance with the following:
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AGENDA ITEM 6.1
1. Legacy tree:
1a. The quantity of replacement trees is calculated by multiplying the diameter breast height
of the each subject lLegacy tree by 50 percent the required percentage standards in Table
20.52.120(B) to establish the number of replacement inches; and
2. Where more than one legacy tree is removed, the replacement inches for each legacy tree
being removed shall be added together to produce a total number of tree replacement inches;
and
b. All fractions of this section shall be rounded up to the next whole number.
3. The total number of replacement trees is determined by the total caliper inches of the
replacement trees equaling or exceeding the required tree replacement inches established in
subsections (B)(1) and (2) of this section.
Table 20.52.120(B) Legacy Tree Replacement Requirements
Square Footage of the Lot Area Required number of replacement inches
Less than 10,001 10% removed DBH
From 10,001 to 13,000 15% removed DBH
From 13,001 to 15,000 25% removed DBH
From 15,001 to 20,000 35% removed DBH
Greater than 20,000 50% removed DBH
The following example illustrates how to calculate legacy tree replacement units on a lot that is
less than 10,001 square feet:
Lot size: 8,120 sq. ft.
Required tree units: 8,120 / 1,000 x 0.4 (tree density ratio) = 3.2 (rounded up to the next
whole number) = 4
Total existing tree units on site: 6.5 units
Eight 10-inch DBH trees – 4 units (.5 units per tree)
Two 24-inch DBH trees - 1.5 units (.75 units per tree)
One 44-inch DBH Tree – 1 unit (1 unit per tree)
Total tree units removed: 3
Four 10-inch DBH trees = 2 units removed
One 44-inch DBH tree = 1 unit removed
Net tree units: 3.5
Supplemental Units Required: Yes (4 required tree units – 3.5 net tree units) = .5
Legacy Tree Removed: Yes – One 44-inch DHB tree
17
AGENDA ITEM 6.1
Legacy Tree Supplemental Units: 10% x 44 = 4.4 (rounded up to the next whole number)
= 5
Landmark Tree Removed: No
Total supplemental Requirements = 5.5 units (.5 supplemental units + 5 legacy
supplemental units) = 6 trees
2. Landmark tree:
a. The quantity of replacement inches is calculated by multiplying the diameter breast
height of each subject Landmark tree by 100 percent to establish the minimum
number of replacement inches; and
b. All fractions of this section shall be rounded up to the next whole number.
C. In lieu of planting the replacement trees prescribed in subsection (B) of this section, an
applicant may satisfy the tree replacement requirements by: meeting the criteria set forth in
MMC 20.52.330.
1. Planting at least three replacement trees; and
2. Contributing to the Medina tree fund at a rate of $400.00 per each replacement inch not
accounted for in the planting of replacement trees; and
3. The sum of the tree replacement inches accounted for by contributing to the Medina tree
fund and the total caliper inches of the replacement trees planted shall not be less than the
total replacement inches calculated in subsection (B) of this section.
D. Other Provisions.
1. Each replacement tree shall meet the standards prescribed in MMC 20.52.1340(D)(4)(a)
through (d) and (g);
2. The tree replacement requirements set forth in subsections (B) and (C) of this section shall
apply to the removal of a lLegacy and Landmark 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 lLegacy and Landmark
tree shall not be used to satisfy requirements for removing nonlegacy trees or a pre-existing
tree unit gap;
4. If the minimum performance preservation standards in MMC 20.52.130 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 unit;
5. Off-site tree planting as described in MMC 20.52.140(A), (B), (C)(2), and (E) are
acceptable alternatives to on-site replacement tree planting provided the director or designee
approves of the off-site location in writing.
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AGENDA ITEM 6.1
20.52.130 Minimum performance preservation 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 20.52.100. Figure 20.52.130 outlines the
primary steps prescribed by this section in establishing requirements and determining
compliance with this chapter.
Figure 20.52.130 Tree Performance Preservation Process
B. Lots with land under development shall contain a sufficient number of significant trees to
meet the minimum required tree units established by the following procedures:
1. The lot area is divided by 1,000 square feet; and
2. The quotient is multiplied by the corresponding tree density ratio applicable to the lot as
set forth in Table 20.52.130(B); and
3. The resulting product is rounded up to the next whole number to establish the minimum
number of required tree units.
Table 20.52.130(B) Tree Density Ratio
Zoning District Category of Land Use Tree Density Ratio
R-16, R-20, R-30 & SR-30 Residential 0.3540
Calculate Net
Existing Tree Units
Calculate Required Tree Units
(Minimum Performance
Preservation Standard)
Lot Area / 1,000
Multiply by Tree
Density Ratio
Determine Existing
Tree Units
Subtract Tree Units
of Trees Removed
Calculate Required
Supplemental
Trees
If Difference is Zero
or Negative
If Difference is
Positive
No Supplemental
Trees Required
Subtract Net Existing Tree Units
from Required Tree Units
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AGENDA ITEM 6.1
Zoning District Category of Land Use Tree Density Ratio
Golf Course 0.15
Nonresidential other than specifically
listed
0.25
Public
Schools 0.15
Parks 0.42
Residential 0.3540
Nonresidential other than specifically
listed
0.25
N-A All 0.25
State Highway All 0.12
C. To determine compliance with the required tree units 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 20.52.130(C); and
3. Add the tree units together to compute the total existing tree units and subtract the tree
units of those significant trees removed to determine the net existing tree units (do not round
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.
Table 20.52.130(C) Existing Tree Unit
Tree Type Diameter Breast Height
of Existing Tree
Tree
Unit
Deciduous 6 to 10 inches 0.75
Greater than 10 inches 1.0 0.75
Coniferous 6 to 10 inches 0.75
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AGENDA ITEM 6.1
Tree Type Diameter Breast Height
of Existing Tree
Tree
Unit
Greater than 10 inches,
but less than 50 36 inches
1.0 0.75
50 36 inches and greater 1.250
D. If 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:
a. If the difference is less than zero round to zero;
b. A difference of zero means no pre-existing tree unit gap is present;
c. If the difference is greater than zero, the difference is the pre-existing tree unit gap;
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;
3. The quantity of supplemental trees is determined by:
a. Assigning a tree unit to each supplemental tree using Table 20.52.130(D);
b. 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;
c. The quantity of supplemental trees shall be of a sufficient number that their total
assigned tree units added to the net existing tree units shall equal or exceed the minimum
required tree units established in subsection (B) of this section; and
d. Supplemental trees in excess of those needed to meet the minimum required tree units
shall not be required.
e. See Diagram 20.52.130 for an example of calculating supplemental trees.
Table 20.52.130(D) Supplemental Tree Unit
Purpose of Supplemental
Tree
Diameter Breast Height of
Removed Tree
Tree Unit for
Supplemental Trees
6 inches to less than 24 inches 1.0
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AGENDA ITEM 6.1
Purpose of Supplemental
Tree
Diameter Breast Height of
Removed Tree
Tree Unit for
Supplemental Trees
Replace an existing
significant tree
24 inches and larger 0.5
Fill a pre-existing tree unit
gap
Not applicable 1.0
Diagram 20.52.130 Example Calculating Supplemental Trees
4. Minimum Development Standards Applicable to All Supplemental Trees.
Inventory Existing Significant Trees:
• Three 30-inch DBH trees
• One 10-inch DBH tree
• One 6-inch DBH tree
Determine Required Tree Units:
• 15,000 sq. ft./ 1,000 sq. ft. X 0.40 Tree Density
Ratio
Significant Trees Removed:
• Two 30-inch DBH trees
• One 6-inch DBH trees
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
• 23 to Fill 12.75 Pre-existing Gap = 23.0 tree
units
• Net Existing Tree Units = 1.725 tree units
Total: 67.725 tree units
Determine if Supplemental Trees required:
• 6.0 Tree Units – 1.725 Tree Units
78 supplemental trees
required
43.25 Existing Tree Units
12.75 Pre-existing Tree Unit Gap
6.0 Required Tree Units
1.725 Net Existing Tree
Units
4.275 Tree Units
Determine pre-existing tree unit gap
22
AGENDA ITEM 6.1
a. To be eligible as a supplemental tree, the tree species must be selected from the
appropriate list set forth in the “City of Medina List of Suitable Tree Species”
established in MMC 20.52.050;
b. Trees shall be planted on the subject lot;
c. Each supplemental 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. Trees shall be planted in a manner of proper spacing and lighting that allows them to
grow to maturity;
e. Existing trees within the boundaries of the lot having less than six inches diameter
breast height may count as supplemental trees provided the tree meets all other
requirements applicable to a supplemental tree;
f. Supplemental trees replacing existing significant trees shall have at least one tree be of
the same plant division (coniferous or deciduous) as the significant tree it is replacing;
and
g. The owner of the subject lot shall take necessary measures to ensure that supplemental
trees remain healthy and viable for at least five years after inspection by the city and the
owner shall be responsible for replacing any supplemental trees that do not remain
healthy and viable for the five years after inspection by the city.
E. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as
a significant tree for purposes of this chapter.
F. In lieu of the supplemental tree requirements prescribed by this section, an owner may satisfy
the requirements for supplemental trees by meeting the requirements for off-site tree planting set
forth in MMC 20.52.140.
20.52.140 Off-site tree planting Supplemental tree standards and priorities.
A. Where this chapter authorizes off-site tree plantings, an owner may use the provisions of this
section to satisfy requirements for planting trees on site.
B. Except where contribution to the Medina tree fund is used in lieu of planting required trees,
application of this section shall not result in planting trees below the minimum requirements for
on-site plantings.
C. An owner may plant required trees at on off-site location provided all of the following are
satisfied:
1. The off-site location is within the boundaries of the city including:
a. Private property with the written consent of the owner of the off-site location;
b. City property with the written approval of the director;
23
AGENDA ITEM 6.1
c. Other public property with the written consent of the entity with jurisdiction over the
off-site location;
2. Existing trees at the off-site location shall not be included as satisfying tree planting
requirements;
3. Trees planted off site in lieu of on-site requirements shall not be counted as an existing
tree on the property where the off-site tree is located;
4. Trees planted off site in lieu of on-site requirements shall meet development standards
including:
a. Having a minimum caliper of two inches or, if the tree is coniferous, having a
minimum height of six feet at the time of final inspection by the city;
b. If applicable, having at least one tree of the same plant division (coniferous or
deciduous) as the significant tree it is replacing;
c. The owner of the off-site property shall take necessary measures to make certain that
the trees planted to satisfy the requirements of this chapter remain healthy and viable for
at least five years after inspection by the city, and the owner shall be responsible for
replacing any subject trees that do not remain healthy and viable for the five years after
inspection by the city.
D. In lieu of planting trees, an owner may contribute to the Medina tree fund provided the
following are satisfied:
1. When the contribution is for replacing an existing significant tree, payment is at a rate of:
a. Two hundred dollars per each diameter breast height inch of the significant tree where
the tree removed has less than a 20-inch diameter breast height size;
b. Two hundred fifty dollars per each diameter breast height inch of the significant tree
where the tree removed has at least a 20-inch diameter breast height, but less than 36-
inch diameter breast height size;
c. Four hundred dollars per each diameter breast height inch of the significant tree where
the tree removed has at least a 36-inch diameter breast height or larger size;
2. When the contribution is for required tree plantings used to satisfy the pre-existing tree
unit gap determined in MMC 20.52.130(D)(1), payment shall be at a rate of $1,700 per
required tree not planted.
E. An owner may select to apply a combination of planting trees on site, off site and/or
contributing to the Medina tree fund provided:
1. The combination is consistent with the provisions of this chapter; and
2. The combination results shall be equivalent to or greater than the minimum requirements
for on-site plantings.
24
AGENDA ITEM 6.1
F. Consistent with the authority granted in MMC 20.10.040, the director may establish additional
administrative rules as necessary relating to the care and maintenance of off-site trees.
A. To be eligible as a supplemental tree, the tree species must be selected from the appropriate
list set forth in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050
and shall meet the following general requirements:
1. Each supplemental 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;
2. Trees shall be planted in a manner of proper spacing and lighting that allows them to grow
to maturity;
3. Existing trees within the boundaries of the lot having less than six inches diameter breast
height may count as supplemental trees provided the tree meets all other requirements
applicable to a supplemental tree;
4. Supplemental trees replacing existing significant trees shall have at least one tree be of the
same plant division (coniferous or deciduous) as the significant tree it is replacing; and
5. The owner of the subject lot shall take necessary measures to ensure that supplemental
trees remain healthy and viable for at least five years after inspection by the city and the
owner shall be responsible for replacing any supplemental trees that do not remain healthy
and viable for the five years after inspection by the city.
B. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as
a significant tree for the purpose of this chapter.
C. Where supplemental trees are required pursuant to MMC 20.52.130(D), the trees shall be
planted in the following order of priority from most important to least important:
1. On-site and adjacent right-of-way:
a. Adjacent to or within critical areas and their associated buffers as defined in MMC
Chapters 20.50 and 20.67;
b. Outside of critical areas and their associated buffers adjacent to other preserved trees
making up a grove or stand of trees;
c. Adjacent to a low impact development (LID) stormwater facility;
d. Outside of critical areas and their associated buffers but within the front yard setback;
d. Outside of critical areas and their associated buffers;
e. Off-site in adjacent right-of-way where explicitly authorized by the city.
2. Off-site. An owner may elect to plant the required trees off-site upon written request, and
approval from the City. Except where contribution to the Medina tree fund is used in lieu of
25
AGENDA ITEM 6.1
planting required trees, application of this section shall not result in planting trees below the
minimum requirements for on-site plantings. Off-site locations include:
a. City-owned properties;
b. Street rights-of-way not immediately adjacent to the property;
c. Private property with the written consent of the owner of the off-site location;
d. Other public property with the written consent of the entity with jurisdiction over the
off-site location;
e. Any other property determined appropriate by the director.
3. Fee-in-Lieu. If the director or designee determines there is insufficient area to replant on-
site or within the adjacent public right-of-way, the director or designee may authorize
payment of a fee-in-lieu in accordance with MMC. 20.52.330.
D. An owner may elect a combination of planting trees on site, off site and/or fee-in-lieu upon
written request, and approval by the City, provided:
1. The combination is consistent with the provisions of this chapter; and
2. The combination results shall be equivalent to or greater than the minimum requirements
for on-site plantings.
E. Consistent with the authority granted in MMC 20.10.040, the director may establish additional
administrative rules as necessary relating to the care and maintenance of off-site trees.
F. Existing trees at the off-site location shall not be included as satisfying tree planting
requirements.
G. Trees planted off-site in lieu of on-site requirements shall not be counted as existing trees on
the property where the off-site tree is located.
20.52.150 Minimum restoration 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 20.52.100.
B. Removal of significant trees on a lot, including hazard and nuisance trees, is authorized only
if the restoration requirements in Table 20.52.150 are satisfied, or if the property meets the
requirements prescribed in subsection (K) of this section.
Table 20.52.150 Tree Restoration Standards
Diameter Breast Height of Removed
Tree Restoration Requirements
6 to 10 inches Plant one tree
26
AGENDA ITEM 6.1
Diameter Breast Height of Removed
Tree Restoration Requirements
Each
Significant
Tree
Greater than 10 inches, but less than 24
inches
Plant two trees
24 inches and larger Plant three trees
Legacy or Landmark trees See MMC 20.52.120
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 20.52.050.
D. Restoration trees shall be planted within the boundaries of the 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 of the 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 20.52.140.
K. The restoration requirements in Table 20.52.150 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 performance
preservation standard for required trees established in MMC 20.52.130; 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 performance preservation standards for
required trees established in MMC 20.52.130.
27
AGENDA ITEM 6.1
20.52.160 Lots 12,000 square feet or less.
Repealed by Ord. 923.
20.52.200 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 Risk 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:
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 20.52.200(C);
f. Possible mitigation treatments to reduce the risk are identified;
g. The risk is again designated pursuant to the matrix in Table 20.52.200(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:
Table 20.52.200(C) Tree Risk Rating Matrix
Likelihood of Failure or
Impact
Consequences
Negligible Minor Significant Severe
Very Likely Low Risk Moderate Risk High Risk Extreme Risk
Likely Low Risk Moderate Risk High Risk High Risk
28
AGENDA ITEM 6.1
Likelihood of Failure or
Impact
Consequences
Negligible Minor Significant Severe
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 20.52.200(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.”
b. High Risk. This category applies to situations in which consequences are significant
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” and
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.”
2. Definitions of TRAQ method terminology that are not set forth in this chapter or Chapter
20.12 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 hazard
pruning to mitigate the risk rather than removing the entire tree.
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 the
tree a hazard tree.
20.52.210 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;
29
AGENDA ITEM 6.1
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 and
findings are made supporting a nuisance designation using the following criteria:
1. One or more of the conditions in subsection (A) of this section is present;
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 of the
subject tree.
20.52.220 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 the
requirements of this chapter.
20.52.300 Notice of tree removal involving no construction.
A. Property owners removing a significant tree requiring a permit under MMC 20.52.310, 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
receipt of a written request from the applicant and upon finding that the lesser time will provide
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.
20.52.310 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.
B. An administrative tree activity permit meeting the requirements set forth in MMC 20.70.050
is required for the following activities unless a permit is required elsewhere under this section:
1. Land designated under development as determined in MMC 20.52.100;
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 20.60.050;
30
AGENDA ITEM 6.1
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 20.52.200, or involving hazard pruning
authorized by the director.
C. An administrative right-of-way tree activity permit meeting the requirements set forth in
MMC 20.71.050 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;
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) of this 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 of the 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;
31
AGENDA ITEM 6.1
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
20.72.100 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 of the
property.
2. The director may modify the procedures for deciding a nonadministrative tree activity
permit and approve the application using a Type 2 decision process provided:
a. The subject tree is designated a nuisance tree pursuant to MMC 20.52.210; 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 20.72.100 are satisfied.
20.52.320 Tree removal and planting preservation plan.
A. Permits for lands under development and permits for removing city trees in city rights-of-way
shall include a tree removal and planting preservation plan containing the following information:
1. A survey plan prepared by a Washington State licensed surveyor that includes the
following:
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AGENDA ITEM 6.1
a. The location, genus, species, common name, and size of all significant trees located
within the boundaries of the property and within any adjoining city rights-of-way;
ba. Topography of the site at two-foot contour intervals;.
cb. Critical areas as defined in Chapters 20.50 and 20.67 MMC; and.
d. If existing trees that are less than six inches diameter breast height are to be counted
as supplemental trees, the location, genus, common name, and size of such tree.
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; and.
c. The shoreline jurisdiction as defined in RCW 90.58.030, if applicable to the property.
3. A conceptual or definitive tree-planting plan that includes:
a. Identification of all trees having a six inches or larger diameter breast height size to be
retained and those to be removed; The location, genus, species, common name, and size
of all significant trees located within the boundaries of the property and within any
adjoining city rights-of-way and notation of which significant trees will be retained and
which are proposed to be removed.
b. Analysis of required tree units, existing tree units, and net tree units; If existing trees
that are less than six inches diameter breast height are to be counted as supplemental
trees, the location, genus, common name, and size of such tree.
c. Compliance with the following objectives:
i. Trees shall be incorporated as a site amenity with strong emphasis on tree
protection. To the extent possible, forested sites should retain their forested look,
value, and function after development.
ii. Trees should be preserved as vegetated islands and stands rather than as
individual, isolated trees scattered throughout the site.
iii. Trees to be preserved shall be healthy and wind-firm as identified by a qualified
arborist.
iv. Preservation of significant trees as follows:
1. Significant trees which form a continuous canopy.
2. Significant trees located adjacent to critical areas and their associated
buffers.
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AGENDA ITEM 6.1
3. Significant trees located within the first 15 feet adjacent to a property
line.
4. Significant trees which will be used as part of a low impact development
(LID) storm water facility.
5. Significant trees over sixty (60) feet in height or greater than twenty-four
(24) inches diameter breast height.
c. For lots larger than 20,000 square feet, excluding lots within the shoreline jurisdiction
as defined by MMC 20.66.050, the tree density ratio shall be achieved as follows:
i. At least 20 percent of the required significant trees as determined by MMC
20.52.130 shall be retained equally within the site perimeter as follows:
1. 10 percent within the first 15-feet of the front property line.
2.10 percent within the first 15-feet of the rear property line.
ii. At least 20 percent of the required significant trees as determined by MMC
20.52.130 shall be retained within the site interior.
e. Compliance with the required tree density ratio pursuant to MMC Table 20.52.130(B).
cf. If applicable, a list of supplemental trees to be planted consistent with the
requirements of this chapter;.
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; and.
fi. As applicable, a proposed general planting landscaping plan that includes the required
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 removal and planting preservation 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 removal and
replacement preservation plan, such as tree protection measures, where the director concludes the
information is necessary to determine compliance with this chapter.
D. The applicant may combine the survey, site plan drawing, and/or tree replacement
preservation plan into a single document, or may combine the required information with other
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AGENDA ITEM 6.1
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 removal and planting
preservation plan. However, this shall not preclude the director from requiring such information
as necessary to determine compliance with this chapter.
20.52.330 Fee-in-lieu of supplemental plantings.
A. The director or designee may authorize payment of a fee-in-lieu provided:
1. There is insufficient area on the lot or adjacent right-of-way to meet the number of
replacement inches prescribed by MMC 20.52.130; or
2. Tree replacement provided within public right-of-way or a city park in the vicinity will be
of greater benefit to the community.
3. Fees shall be provided in lieu of on-site tree replacement based upon the following:
a. The expected tree replacement cost including labor, materials, and maintenance for
each replacement tree; and
b. The most current Council of Tree and Landscape Appraisers Guide for Plant
Appraisal.
5. The applicant executes a written agreement with the City demonstrating compliance with
the criteria in this section.
20.52.3-0 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.
B. Tree protection measures shall include, but are not limited to, the following:
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 tree
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:
a. The drip line area of the tree; or
b. An area around the tree equal to one foot in diameter for each inch of tree diameter
measured at DBH;
3. Installation of a tree well, but only where necessary and only with pre-approval of the city;
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AGENDA ITEM 6.1
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
provisions for filling the trenches with a suitable growing medium in the vicinity of the trees;
6. Employ measures to protect critical root systems from smothering and compaction;
7. Implement a tree care program during construction to include watering, fertilizing,
pruning and pest control; and
8. Measures for the disposal of potentially harmful items such as excess concrete, polluted
water runoff, 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.
20.52.400 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 20.52.020, 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 20.52.030 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 20.52.310.
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 20.52.200;
2. Nuisance trees designated pursuant to MMC 20.52.210;
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”;
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AGENDA ITEM 6.1
4. Any tree having less than a 10-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 both accept
allowance to have the tree removed;
b. The person claiming the view obstruction establishes the tree causes an unreasonable
view obstruction using the provisions established in MMC 18.16.040 through 18.16.080;
and
c. The approval of a nonadministrative right-of-way activity permit is obtained pursuant
to MMC 20.72.090.
E. Where subsection (D) of this section allows removal of a city tree, the following shall apply:
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 20.52.400(E)(1),
except as allowed otherwise by this section;
Table 20.52.400(E)(1) Replacement City Trees
Diameter Breast
Height of Removed
Tree
Significant/Nonsignificant
Tree Species
Tree
Replacement
Each Tree (Include
Nuisance Trees)
Less than 6 inches All None
6 to 10 inches All Plant one tree
Greater than 10 inches,
but less than 24 inches
Nonsignificant Plant one tree
Significant Plant two trees
24 inches and larger Nonsignificant Plant two trees
Significant Plant three trees
Each Hazard Tree 6 to 10 inches All None
Greater than 10 inches All Plant one tree
2. Replacement trees shall meet the following standards:
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AGENDA ITEM 6.1
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 20.52.050;
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 them to grow to maturity;
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 determined 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 to the Medina tree fund;
c. The contribution rate for a city tree designated a hazard pursuant to MMC 20.52.200
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
20.52.030(B), 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. The maximum number of trees in the city right-of-way shall be one tree for each 17 feet of
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;
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AGENDA ITEM 6.1
2. The director may increase the maximum number of city trees prescribed in subsection
(F)(1) of this section, provided there is sufficient space in the city right-of-way adjoining the
lot to accommodate the increase in city trees;
3. If the tree replacement requirements prescribed in subsection (E) of this section would
result in the total number of city trees in the right-of-way to exceed the maximum prescribed
in subsection (F)(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;
4. If the tree replacement requirements prescribed in subsection (E) of this section would
result in the total number of city trees in the right-of-way to be below the maximum
prescribed in subsection (F)(1) or (2) of this section, an applicant may plant additional trees
in the right-of-way, subject to the limits in subsection (F)(1) or (2) of this section, and reduce
contributions to the Medina tree fund by:
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 of the edge of any paved roadway.
G. The requirements of this section may be used to satisfy the requirements set forth in MMC
20.52.410.
H. Where a proposal includes application of this section and application of MMC 20.52.130
and/or 20.52.150, the requirements for supplemental trees and restoration trees shall be applied
independent of the requirements in this section for replacement trees.
20.52.410 Minimum street tree standards.
A. This section shall apply to properties adjoining the following city rights-of-way:
1. Minor 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 20.52.100:
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
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AGENDA ITEM 6.1
3. The requirements of this 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.
20.52.420 Owner responsibility within city rights-of-way.
A. All owners of property adjoining a city right-of-way shall be responsible for maintaining all
trees, shrubs, and other landscaping planted in the adjoining right-of-way by the property 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
landscaping in the right-of-way adjoining their property do not interfere with the free passage of
vehicles and pedestrians or cause any risk of danger to the public or property.
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 20.52.050.
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.
20.52.500 Liability.
Consistent with MMC 20.10.070, nothing contained in this chapter shall 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.
20.52.510 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
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AGENDA ITEM 6.1
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 20.80.140(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;
2. The director may approve the use of a variety of reasonable methods to identify trees
provided the methods clearly identify all trees being considered under the application; and
3. The director may require additional notices to be posted when, in the opinion of the
director, it is determined necessary to provide reasonable notification to the public of a
pending application.
D. Limitations on Occupancy. A certificate 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 20.40.100
before completion of the tree planting and landscaping work provided all of the following criteria
are satisfied:
1. The property owner provides a financial guarantee to the city to ensure completion of the
tree planting and landscaping;
2. The financial guarantee may take the form of a bond, line of credit, cash deposit, or
another form acceptable to the city;
3. The minimum amount of the financial guarantee shall be 150 percent of the estimated cost
of landscaping and required tree plantings not completed at the time of the inspection; and
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 18.16.040, unreasonable
obstructions of views or sunlight by uncontrolled growth or maintenance of trees may constitute
a private nuisance subject to redress as set forth in Chapter 18.16 MMC.
41
AGENDA ITEM 6.1
Chapter 20.52
TREE MANAGEMENT CODE
Sections:
20.52.010 Purpose and intent.
20.52.015 General provisions and applicability.
20.52.020 Applicability of the tree management code.
20.52.025 Repealed.
20.52.030 Exemptions.
20.52.040 Using this chapter.
20.52.050 Designation of significant tree species.
20.52.060 Repealed.
20.52.070 Repealed.
20.52.080 Repealed.
20.52.090 Repealed.
20.52.100 Designation of land under development.
20.52.110 Repealed.
20.52.120 Legacy and Landmark tree protection measures.
20.52.130 Minimum preservation standards for land under development.
20.52.140 Supplemental tree standards and priorities.
20.52.150 Minimum restoration standards for land not under development.
20.52.160 Repealed.
20.52.200 Hazard tree risk assessment.
20.52.210 Nuisance tree.
20.52.220 City arborist established.
20.52.300 Notice of tree removal involving no construction.
20.52.310 Tree activity permits.
20.52.320 Tree preservation plan.
20.52.330 Fee-in-lieu of supplemental plantings.
20.52.340 Tree protection measures during construction.
20.52.400 City tree removals.
20.52.410 Minimum street tree standards.
20.52.420 Owner responsibility within city rights-of-way.
20.52.500 Liability.
20.52.510 Other general provisions.
20.52.010 Purpose and intent.
A. The purpose of the tree management code is to preserve the existing sylvan appearance
through long-term preservation and planting of trees that contribute to the community’s distinct
features including proximity to the lakeshore, views, heavily landscaped streetscapes, and large
tracts of public and private open spaces. The city recognizes that trees:
1. Contribute to the residential character of Medina;
2. Provide a public health benefit;
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AGENDA ITEM 6.1
3. Provide wind protection, ecological benefits to wetlands and watercourses, and aid in
the stabilization of geologically hazardous areas;
4. Improve surface water quality and control and benefit Lake Washington; and
5. Reduce noise and air pollution.
B. The intent of this chapter is to establish regulations and standards that:
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;
4. 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 in
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
8. Foster public education on the local urban forestry program and encourage good tree
management consistent with this chapter.
20.52.015 General provisions and applicability:
Where land is designated as under development pursuant to MMC 20.52.100, the preservation of
healthy trees shall be considered in accordance with the following guidance:
1. Tree preservation shall be included as a primary step in site planning and shall be
achieved by meeting the minimum required tree units established in Table 20.52.130(B).
2. Site design strategies and specific development site areas demonstrating preservation of
significant trees shall be presented at the pre-application meeting with the city.
3. A tree preservation plan shall be required that demonstrates the objectives outlined in
MMC 20.52.320.
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AGENDA ITEM 6.1
4. Any applicable grading plans, pursuant to MMC Chapter 20.43, shall be developed to
avoid significant alteration to the grades around preserved trees.
5. Multiple applications of the tree preservation requirements in this chapter over a 10-year
period shall not cause the number and size of trees required to be retained to be reduced
below the number and size of trees required to be retained with the first application.
6. When calculating tree preservation requirements, trees excluded from preservation
requirements shall not be included in the calculation.
7. For the purpose of calculating tree density requirements, critical areas and their
associated buffers shall be excluded from the lot area used for calculation (example: a
16,000 square foot lot has a stream on site that encompasses 1,500 square feet including
the stream buffer. The lot area used for tree density calculation would be 14,500 square
feet (16,000 – 1,500 = 14,500) provided:
a. Critical areas shall be limited to wetlands, streams, geologically hazardous areas,
conservation easements, and their associated buffers as described in MMC
Chapters 20.50 and 20.67; and
b. Removal of any vegetation or woody debris, including trees, from a critical area is
subject to the regulations in MMC Chapters 20.50 and 20.67.
8. All of the following shall be excluded from the requirements of this chapter:
a. Hazard trees designated pursuant to MMC 20.52.200;
b. Nuisance trees designated pursuant to MMC 20.52.210 and where, if applicable,
re-development does not remedy the conditions causing the nuisance;
c. Those significant trees having less than a 24-inch diameter breast height size and
located within the footprint of the principal building on the lot.
20.52.020 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 20.66.050.
20.52.025 Using this chapter.
Repealed by Ord. 923.
20.52.030 Exemptions.
The following are exempt from the requirements in this chapter:
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AGENDA ITEM 6.1
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 pruning
takes place and evidence is provided of the imminent threat supporting the emergency tree
removal; and
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
to obtain a permit as prescribed by this chapter and require compliance with the requirements
of this chapter;
D. Trimming and pruning operations and maintenance of trees and vegetation following the most
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.
20.52.040 Using this chapter.
This chapter prescribes the requirements for tree preservation and planting on lands undergoing
development, and the requirements for removal of significant trees on private and public lands.
Diagram 20.52.040 offers a user’s guide that outlines the general process for applying the
provisions of this chapter.
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AGENDA ITEM 6.1
Diagram 20.52.040
* Denotes no further action required.
20.52.050 Designation of significant tree species.
A. A list of suitable tree species consisting of coniferous and deciduous trees is set forth in 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 and
should also exclude trees planted, clipped or sheared to be used as a hedge;
Is a tree being removed?
Tree Code
Is the land under development?
See MMC 20.52.100
Determine Required Tree Units
MMC 20.52.130(B)
Yes No
Is the tree a significant species?
See MMC 20.52.050 &
Suitable Tree Species List
No*
Yes
Yes
Determine Tree Restoration
Requirements
See MMC 20.52.150
Submit tree preservation plan
See MMC 20.52.320
Follow objectives of tree preservation plan
In MMC 20.52.320
Is a tree being removed? Yes No
Is the proposal exempt?
See MMC 20.52.030
Determine Net Existing Tree Units
MMC 20.52.130(C)
Determine if supplemental trees are required
MMC 20.52.130(D)
Is the tree a Legacy or Landmark Tree?
See MMC 20.52.120
No
Determine tree permit
See MMC 20.52.310
Determine tree permit
See MMC 20.52.310
City Trees
See MMC 20.52.400
No*
Yes
Retain
Tree*
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AGENDA ITEM 6.1
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
deny the proposed modifications. The city council may also decline to take action on the
proposed 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.
D. The “City of Medina List of Suitable Tree Species” is used in conjunction with the definition
of significant tree set forth in MMC 20.12.200 to denote the term significant tree as used in this
chapter.
20.52.060 Notice of tree removal involving no construction.
Repealed by Ord. 923.
20.52.070 Tree removal and replacement plan.
Repealed by Ord. 923.
20.52.080 Designation of significant tree species.
Repealed by Ord. 923.
20.52.090 Tree replacement requirements.
Repealed by Ord. 923.
20.52.100 Designation of land under development.
Land is designated as under development for purposes of this chapter if one or more of the
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;
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AGENDA ITEM 6.1
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 or shoreline permit where:
1. One or more significant trees are removed, with at least one tree having a 10-inch
diameter breast height or larger size; or
2. Four or more significant trees are removed, provided each has less than a 10-inch diameter
breast height size; and
3. The criteria in subsections (B)(1) and (2) of this section shall include the following trees:
a. Significant trees removed within two years prior to the submittal of an application for
such permits; or
b. Significant trees removed within two years after such permits are finalized by the city
and the project completed.
C. Clearing or grubbing of land that:
1. Is located outside of city rights-of-way;
2. Requires no permits, except for a tree permit; and
3. Removes four or more significant trees, with at least four trees having a 10-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 20.52.200 and 20.52.210,
respectively.
20.52.110 Repealed.
20.52.120 Legacy and Landmark tree protection measures.
This section applies to trees designated as Legacy and Landmark trees, which are native trees
that because of their age, size and condition are recognized as having outstanding value in
contributing to the character of the community. Legacy and Landmark trees within the shoreline
jurisdiction are regulated in MMC 20.66.050.
A. A Legacy or Landmark tree shall be designated by meeting the following criteria:
1. Legacy tree:
a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable
Tree Species”; and
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AGENDA ITEM 6.1
b. The diameter breast height of the tree is 36 inches or larger but less than 100 inches;
and
c. The city arborist determines the tree to be healthy with a likelihood of surviving more
than 10 years based on assumptions that:
i. The tree is properly cared for; and
ii. The risk of the tree declining or becoming a nuisance is unenhanced by any
proposed development.
2. Landmark tree:
a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable
Tree Species”; and
b. The diameter breast height of the tree is 100 inches or larger; and
c. The city arborist determines the tree to be healthy with a likelihood of surviving more
than 10 years based on assumptions that:
i. The tree is properly cared for; and
ii. The risk of the tree declining or becoming a nuisance is unenhanced by any
proposed development.
B. Legacy and Landmark trees shall be preserved and retained unless replacement trees are
planted in accordance with the following:
1. Legacy tree:
a. The quantity of replacement trees is calculated by multiplying the diameter breast height
of each subject Legacy tree by the required percentage standards in Table 20.52.120(B) to
establish the number of replacement inches; and
b. All fractions of this section shall be rounded up to the next whole number.
Table 20.52.120(B) Legacy Tree Replacement Requirements
Square Footage of the Lot Area Required number of replacement inches
Less than 10,001 10% removed DBH
From 10,001 to 13,000 15% removed DBH
From 13,001 to 15,000 25% removed DBH
From 15,001 to 20,000 35% removed DBH
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AGENDA ITEM 6.1
Square Footage of the Lot Area Required number of replacement inches
Greater than 20,000 50% removed DBH
The following example illustrates how to calculate legacy tree replacement units on a lot that is
less than 10,001 square feet:
Lot size: 8,120 sq. ft.
Required tree units: 8,120 / 1,000 x 0.4 (tree density ratio) = 3.2 (rounded up to the next
whole number) = 4
Total existing tree units on site: 6.5 units
Eight 10-inch DBH trees – 4 units (.5 units per tree)
Two 24-inch DBH trees - 1.5 units (.75 units per tree)
One 44-inch DBH Tree – 1 unit (1 unit per tree)
Total tree units removed: 3
Four 10-inch DBH trees = 2 units removed
One 44-inch DBH tree = 1 unit removed
Net tree units: 3.5
Supplemental Units Required: Yes (4 required tree units – 3.5 net tree units) = .5
Legacy Tree Removed: Yes – One 44-inch DHB tree
Legacy Tree Supplemental Units: 10% x 44 = 4.4 (rounded up to the next whole number)
= 5
Landmark Tree Removed: No
Total supplemental Requirements = 5.5 units (.5 supplemental units + 5 legacy
supplemental units) = 6 trees
2. Landmark tree:
a. The quantity of replacement inches is calculated by multiplying the diameter breast
height of each subject Landmark tree by 100 percent to establish the minimum
number of replacement inches; and
b. All fractions of this section shall be rounded up to the next whole number.
C. In lieu of planting the replacement trees prescribed in subsection (B) of this section, an
applicant may satisfy the tree replacement requirements by meeting the criteria set forth in MMC
20.52.330.
D. Other Provisions.
1. Each replacement tree shall meet the standards prescribed in MMC 20.52.140;
2. The tree replacement requirements set forth in subsections (B) and (C) of this section shall
apply to the removal of Legacy and Landmark trees in lieu of and in addition to requirements
for removing nonlegacy trees;
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AGENDA ITEM 6.1
3. The tree replacement requirements set forth in this section for a Legacy and Landmark
tree shall not be used to satisfy requirements for removing nonlegacy trees or a pre-existing
tree unit gap;
4. If the minimum preservation standards in MMC 20.52.130 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 unit;
5. Off-site tree planting as described in MMC 20.52.140(C)(2) are acceptable alternatives to
on-site replacement tree planting provided the director or designee approves of the off-site
location in writing.
20.52.130 Minimum preservation 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 20.52.100. Figure 20.52.130 outlines the
primary steps prescribed by this section in establishing requirements and determining
compliance with this chapter.
Figure 20.52.130 Tree Preservation Process
B. Lots with land under development shall contain a sufficient number of significant trees to
meet the minimum required tree units established by the following procedures:
1. The lot area is divided by 1,000 square feet; and
Calculate Net
Existing Tree Units
Calculate Required Tree Units
(Minimum Preservation
Standard)
Lot Area / 1,000
Multiply by Tree
Density Ratio
Determine Existing
Tree Units
Subtract Tree Units
of Trees Removed
Calculate Required
Supplemental
Trees
If Difference is Zero
or Negative
If Difference is
Positive
No Supplemental
Trees Required
Subtract Net Existing Tree Units
from Required Tree Units
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AGENDA ITEM 6.1
2. The quotient is multiplied by the corresponding tree density ratio applicable to the lot as
set forth in Table 20.52.130(B); and
3. The resulting product is rounded up to the next whole number to establish the minimum
number of required tree units.
Table 20.52.130(B) Tree Density Ratio
Zoning District Category of Land Use Tree Density Ratio
R-16, R-20, R-30 & SR-30
Residential 0.40
Golf Course 0.15
Nonresidential other than specifically
listed
0.25
Public
Schools 0.15
Parks 0.42
Residential 0.40
Nonresidential other than specifically
listed
0.25
N-A All 0.25
State Highway All 0.12
C. To determine compliance with the required tree units 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 20.52.130(C); and
3. Add the tree units together to compute the total existing tree units and subtract the tree
units of those significant trees removed to determine the net existing tree units (do not round
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.
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AGENDA ITEM 6.1
Table 20.52.130(C) Existing Tree Unit
Tree Type Diameter Breast Height
of Existing Tree
Tree
Unit
Deciduous 6 to 10 inches 0.5
Greater than 10 inches 0.75
Coniferous
6 to 10 inches 0.5
Greater than 10 inches,
but less than 36 inches
0.75
36 inches and greater 1.0
D. If 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:
a. If the difference is less than zero round to zero;
b. A difference of zero means no pre-existing tree unit gap is present;
c. If the difference is greater than zero, the difference is the pre-existing tree unit gap;
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;
3. The quantity of supplemental trees is determined by:
a. Assigning a tree unit to each supplemental tree using Table 20.52.130(D);
b. 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;
c. The quantity of supplemental trees shall be of a sufficient number that their total
assigned tree units added to the net existing tree units shall equal or exceed the minimum
required tree units established in subsection (B) of this section; and
d. Supplemental trees in excess of those needed to meet the minimum required tree units
shall not be required.
e. See Diagram 20.52.130 for an example of calculating supplemental trees.
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AGENDA ITEM 6.1
Table 20.52.130(D) Supplemental Tree Unit
Purpose of Supplemental
Tree
Diameter Breast Height of
Removed Tree
Tree Unit for
Supplemental Trees
Replace an existing
significant tree
6 inches to less than 24 inches 1.0
24 inches and larger 0.5
Fill a pre-existing tree unit
gap
Not applicable 1.0
Diagram 20.52.130 Example Calculating Supplemental Trees
Inventory Existing Significant Trees:
• Three 30-inch DBH trees
• One 10-inch DBH tree
• One 6-inch DBH tree
Determine Required Tree Units:
• 15,000 sq. ft./ 1,000 sq. ft. X 0.40 Tree Density
Ratio
Significant Trees Removed:
• Two 30-inch DBH trees
• One 6-inch DBH trees
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
• Net Existing Tree Units = 1.25 tree units
Total: 7.25 tree units
Determine if Supplemental Trees required:
• 6.0 Tree Units – 1.25 Tree Units
8 supplemental trees
required
3.25 Existing Tree Units
2.75 Pre-existing Tree Unit Gap
6.0 Required Tree Units
1.25 Net Existing Tree
Units
4.75 Tree Units
Determine pre-existing tree unit gap
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AGENDA ITEM 6.1
20.52.140 Supplemental tree standards and priorities.
A. To be eligible as a supplemental tree, the tree species must be selected from the appropriate
list set forth in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050
and shall meet the following general requirements:
1. Each supplemental 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;
2. Trees shall be planted in a manner of proper spacing and lighting that allows them to grow
to maturity;
3. Existing trees within the boundaries of the lot having less than six inches diameter breast
height may count as supplemental trees provided the tree meets all other requirements
applicable to a supplemental tree;
4. Supplemental trees replacing existing significant trees shall have at least one tree be of the
same plant division (coniferous or deciduous) as the significant tree it is replacing; and
5. The owner of the subject lot shall take necessary measures to ensure that supplemental
trees remain healthy and viable for at least five years after inspection by the city and the
owner shall be responsible for replacing any supplemental trees that do not remain healthy
and viable for the five years after inspection by the city.
B. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as
a significant tree for the purpose of this chapter.
C. Where supplemental trees are required pursuant to MMC 20.52.130(D), the trees shall be
planted in the following order of priority from most important to least important:
1. On-site and adjacent right-of-way:
a. Adjacent to or within critical areas and their associated buffers as defined in MMC
Chapters 20.50 and 20.67;
b. Outside of critical areas and their associated buffers adjacent to other preserved trees
making up a grove or stand of trees;
c. Adjacent to a low impact development (LID) stormwater facility;
d. Outside of critical areas and their associated buffers but within the front yard setback;
d. Outside of critical areas and their associated buffers;
e. Off-site in adjacent right-of-way where explicitly authorized by the city.
2. Off-site. An owner may elect to plant the required trees off-site upon written request, and
approval from the City. Except where contribution to the Medina tree fund is used in lieu of
planting required trees, application of this section shall not result in planting trees below the
minimum requirements for on-site plantings. Off-site locations include:
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AGENDA ITEM 6.1
a. City-owned properties;
b. Street rights-of-way not immediately adjacent to the property;
c. Private property with the written consent of the owner of the off-site location;
d. Other public property with the written consent of the entity with jurisdiction over the
off-site location;
e. Any other property determined appropriate by the director.
3. Fee-in-Lieu. If the director or designee determines there is insufficient area to replant on-
site or within the adjacent public right-of-way, the director or designee may authorize
payment of a fee-in-lieu in accordance with MMC. 20.52.330.
D. An owner may elect a combination of planting trees on site, off site and/or fee-in-lieu upon
written request, and approval by the City, provided:
1. The combination is consistent with the provisions of this chapter; and
2. The combination results shall be equivalent to or greater than the minimum requirements
for on-site plantings.
E. Consistent with the authority granted in MMC 20.10.040, the director may establish additional
administrative rules as necessary relating to the care and maintenance of off-site trees.
F. Existing trees at the off-site location shall not be included as satisfying tree planting
requirements.
G. Trees planted off-site in lieu of on-site requirements shall not be counted as existing trees on
the property where the off-site tree is located.
20.52.150 Minimum restoration 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 20.52.100.
B. Removal of significant trees on a lot, including hazard and nuisance trees, is authorized only
if the restoration requirements in Table 20.52.150 are satisfied, or if the property meets the
requirements prescribed in subsection (K) of this section.
Table 20.52.150 Tree Restoration Standards
Diameter Breast Height of Removed
Tree Restoration Requirements
Each
Significant
Tree
6 to 10 inches Plant one tree
Greater than 10 inches, but less than 24
inches
Plant two trees
24 inches and larger Plant three trees
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AGENDA ITEM 6.1
Diameter Breast Height of Removed
Tree Restoration Requirements
Legacy or Landmark trees See MMC 20.52.120
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 20.52.050.
D. Restoration trees shall be planted within the boundaries of the 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 of the 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 20.52.140.
K. The restoration requirements in Table 20.52.150 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 preservation
standard for required trees established in MMC 20.52.130; 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 preservation standards for required trees
established in MMC 20.52.130.
20.52.160 Lots 12,000 square feet or less.
Repealed by Ord. 923.
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AGENDA ITEM 6.1
20.52.200 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 Risk 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:
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 20.52.200(C);
f. Possible mitigation treatments to reduce the risk are identified;
g. The risk is again designated pursuant to the matrix in Table 20.52.200(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:
Table 20.52.200(C) Tree Risk Rating Matrix
Likelihood of Failure or
Impact
Consequences
Negligible Minor Significant Severe
Very Likely Low Risk Moderate Risk 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
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AGENDA ITEM 6.1
1. The consequences listed in Table 20.52.200(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.”
b. High Risk. This category applies to situations in which consequences are significant
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” and
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.”
2. Definitions of TRAQ method terminology that are not set forth in this chapter or Chapter
20.12 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 hazard
pruning to mitigate the risk rather than removing the entire tree.
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 the
tree a hazard tree.
20.52.210 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.
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AGENDA ITEM 6.1
B. Designation of a nuisance tree is by the director following receipt of a written request and
findings are made supporting a nuisance designation using the following criteria:
1. One or more of the conditions in subsection (A) of this section is present;
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 of the
subject tree.
20.52.220 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 the
requirements of this chapter.
20.52.300 Notice of tree removal involving no construction.
A. Property owners removing a significant tree requiring a permit under MMC 20.52.310, 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
receipt of a written request from the applicant and upon finding that the lesser time will provide
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.
20.52.310 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.
B. An administrative tree activity permit meeting the requirements set forth in MMC 20.70.050
is required for the following activities unless a permit is required elsewhere under this section:
1. Land designated under development as determined in MMC 20.52.100;
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 20.60.050;
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
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AGENDA ITEM 6.1
c. Designated a hazard tree pursuant to MMC 20.52.200, or involving hazard pruning
authorized by the director.
C. An administrative right-of-way tree activity permit meeting the requirements set forth in
MMC 20.71.050 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;
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) of this 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 of the 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.
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AGENDA ITEM 6.1
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
20.72.100 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 of the
property.
2. The director may modify the procedures for deciding a nonadministrative tree activity
permit and approve the application using a Type 2 decision process provided:
a. The subject tree is designated a nuisance tree pursuant to MMC 20.52.210; 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 20.72.100 are satisfied.
20.52.320 Tree preservation plan.
A. Permits for lands under development and permits for removing city trees in city rights-of-way
shall include a tree preservation plan containing the following information:
1. A survey plan prepared by a Washington State licensed surveyor that includes the
following:
a. Topography of the site at two-foot contour intervals.
b. Critical areas as defined in Chapters 20.50 and 20.67 MMC.
2. A site plan drawing showing the following:
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AGENDA ITEM 6.1
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 remova.
c. The shoreline jurisdiction as defined in RCW 90.58.030, if applicable to the property.
3. A tree-planting plan that includes:
a. The location, genus, species, common name, and size of all significant trees located
within the boundaries of the property and within any adjoining city rights-of-way and
notation of which significant trees will be retained and which are proposed to be
removed.
b. If existing trees that are less than six inches diameter breast height are to be counted
as supplemental trees, the location, genus, common name, and size of such tree.
c. Compliance with the following objectives:
i. Trees shall be incorporated as a site amenity with strong emphasis on tree
protection. To the extent possible, forested sites should retain their forested look,
value, and function after development.
ii. Trees should be preserved as vegetated islands and stands rather than as
individual, isolated trees scattered throughout the site.
iii. Trees to be preserved shall be healthy and wind-firm as identified by a qualified
arborist.
iv. Preservation of significant trees as follows:
1. Significant trees which form a continuous canopy.
2. Significant trees located adjacent to critical areas and their associated
buffers.
3. Significant trees located within the first 15 feet adjacent to a property
line.
4. Significant trees which will be used as part of a low impact development
(LID) storm water facility.
5. Significant trees over sixty (60) feet in height or greater than twenty-four
(24) inches diameter breast height.
c. For lots larger than 20,000 square feet, excluding lots within the shoreline jurisdiction
as defined by MMC 20.66.050, the tree density ratio shall be achieved as follows:
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AGENDA ITEM 6.1
i. At least 20 percent of the required significant trees as determined by MMC
20.52.130 shall be retained equally within the site perimeter as follows:
1. 10 percent within the first 15-feet of the front property line.
2.10 percent within the first 15-feet of the rear property line.
ii. At least 20 percent of the required significant trees as determined by MMC
20.52.130 shall be retained within the site interior.
e. Compliance with the required tree density ratio pursuant to MMC Table 20.52.130(B).
f. If applicable, a list of supplemental trees to be planted consistent with the
requirements of this chapter.
g. If right-of-way trees are proposed for removal, an analysis of the tree mitigation and a
list of replacement trees to be planted.
h. The list of required tree plantings shall include the size, genus, species and common
names.
fi. As applicable, a proposed landscaping plan that includes the required 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 preservation 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 preservation plan,
such as tree protection measures, where the director concludes the information is necessary to
determine compliance with this chapter.
D. The applicant may combine the survey, site plan drawing, and/or tree preservation 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 preservation plan.
However, this shall not preclude the director from requiring such information as necessary to
determine compliance with this chapter.
20.52.330 Fee-in-lieu of supplemental plantings.
A. The director or designee may authorize payment of a fee-in-lieu provided:
1. There is insufficient area on the lot or adjacent right-of-way to meet the number of
replacement inches prescribed by MMC 20.52.130; or
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AGENDA ITEM 6.1
2. Tree replacement provided within public right-of-way or a city park in the vicinity will be
of greater benefit to the community.
3. Fees shall be provided in lieu of on-site tree replacement based upon the following:
a. The expected tree replacement cost including labor, materials, and maintenance for
each replacement tree; and
b. The most current Council of Tree and Landscape Appraisers Guide for Plant
Appraisal.
5. The applicant executes a written agreement with the City demonstrating compliance with
the criteria in this section.
20.52.340 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.
B. Tree protection measures shall include, but are not limited to, the following:
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 tree
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:
a. The drip line area of the tree; or
b. An area around the tree equal to one foot in diameter for each inch of tree diameter
measured at DBH;
3. Installation of a tree well, but only where necessary and only with pre-approval of the city;
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
provisions for filling the trenches with a suitable growing medium in the vicinity of the trees;
6. Employ measures to protect critical root systems from smothering and compaction;
7. Implement a tree care program during construction to include watering, fertilizing,
pruning and pest control; and
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AGENDA ITEM 6.1
8. Measures for the disposal of potentially harmful items such as excess concrete, polluted
water runoff, 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.
20.52.400 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 20.52.020, 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 20.52.030 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 20.52.310.
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 20.52.200;
2. Nuisance trees designated pursuant to MMC 20.52.210;
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 10-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 both accept
allowance to have the tree removed;
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AGENDA ITEM 6.1
b. The person claiming the view obstruction establishes the tree causes an unreasonable
view obstruction using the provisions established in MMC 18.16.040 through 18.16.080;
and
c. The approval of a nonadministrative right-of-way activity permit is obtained pursuant
to MMC 20.72.090.
E. Where subsection (D) of this section allows removal of a city tree, the following shall apply:
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 20.52.400(E)(1),
except as allowed otherwise by this section;
Table 20.52.400(E)(1) Replacement City Trees
Diameter Breast
Height of Removed
Tree
Significant/Nonsignificant
Tree Species
Tree
Replacement
Each Tree (Include
Nuisance Trees)
Less than 6 inches All None
6 to 10 inches All Plant one tree
Greater than 10 inches,
but less than 24 inches
Nonsignificant Plant one tree
Significant Plant two trees
24 inches and larger Nonsignificant Plant two trees
Significant Plant three trees
Each Hazard Tree 6 to 10 inches All None
Greater than 10 inches All Plant one tree
2. Replacement trees shall meet the following standards:
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 20.52.050;
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 them to grow to maturity;
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AGENDA ITEM 6.1
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 determined 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 to the Medina tree fund;
c. The contribution rate for a city tree designated a hazard pursuant to MMC 20.52.200
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
20.52.030(B), 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. The maximum number of trees in the city right-of-way shall be one tree for each 17 feet of
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
(F)(1) of this section, provided there is sufficient space in the city right-of-way adjoining the
lot to accommodate the increase in city trees;
3. If the tree replacement requirements prescribed in subsection (E) of this section would
result in the total number of city trees in the right-of-way to exceed the maximum prescribed
in subsection (F)(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;
4. If the tree replacement requirements prescribed in subsection (E) of this section would
result in the total number of city trees in the right-of-way to be below the maximum
prescribed in subsection (F)(1) or (2) of this section, an applicant may plant additional trees
in the right-of-way, subject to the limits in subsection (F)(1) or (2) of this section, and reduce
contributions to the Medina tree fund by:
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AGENDA ITEM 6.1
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 of the edge of any paved roadway.
G. The requirements of this section may be used to satisfy the requirements set forth in MMC
20.52.410.
H. Where a proposal includes application of this section and application of MMC 20.52.130
and/or 20.52.150, the requirements for supplemental trees and restoration trees shall be applied
independent of the requirements in this section for replacement trees.
20.52.410 Minimum street tree standards.
A. This section shall apply to properties adjoining the following city rights-of-way:
1. Minor 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 20.52.100:
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 of this 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.
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AGENDA ITEM 6.1
20.52.420 Owner responsibility within city rights-of-way.
A. All owners of property adjoining a city right-of-way shall be responsible for maintaining all
trees, shrubs, and other landscaping planted in the adjoining right-of-way by the property 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
landscaping in the right-of-way adjoining their property do not interfere with the free passage of
vehicles and pedestrians or cause any risk of danger to the public or property.
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 20.52.050.
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.
20.52.500 Liability.
Consistent with MMC 20.10.070, nothing contained in this chapter shall 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.
20.52.510 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 20.80.140(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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AGENDA ITEM 6.1
2. The director may approve the use of a variety of reasonable methods to identify trees
provided the methods clearly identify all trees being considered under the application; and
3. The director may require additional notices to be posted when, in the opinion of the
director, it is determined necessary to provide reasonable notification to the public of a
pending application.
D. Limitations on Occupancy. A certificate 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 20.40.100
before completion of the tree planting and landscaping work provided all of the following criteria
are satisfied:
1. The property owner provides a financial guarantee to the city to ensure completion of the
tree planting and landscaping;
2. The financial guarantee may take the form of a bond, line of credit, cash deposit, or
another form acceptable to the city;
3. The minimum amount of the financial guarantee shall be 150 percent of the estimated cost
of landscaping and required tree plantings not completed at the time of the inspection; and
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 18.16.040, unreasonable
obstructions of views or sunlight by uncontrolled growth or maintenance of trees may constitute
a private nuisance subject to redress as set forth in Chapter 18.16 MMC.
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Chapter 20.52
TREE MANAGEMENT CODE
Sections:
20.52.010 Purpose and intent.
20.52.015 General provisions and applicability.
20.52.020 Applicability of the tree management code.
20.52.025 Repealed.
20.52.030 Exemptions.
20.52.040 Using this chapter.
20.52.050 Designation of significant tree species.
20.52.060 Repealed.
20.52.070 Repealed.
20.52.080 Repealed.
20.52.090 Repealed.
20.52.100 Designation of land under development.
20.52.110 Tree retention requirements. Repealed.
20.52.120 Legacy and Landmark tree protection measures.
20.52.130 Minimum performance preservation standards for land under development.
20.52.140 Off-site tree planting Supplemental tree standards and priorities.
20.52.150 Minimum restoration standards for land not under development.
20.52.160 Repealed.
20.52.200 Hazard tree risk assessment.
20.52.210 Nuisance tree.
20.52.220 City arborist established.
20.52.300 Notice of tree removal involving no construction.
20.52.310 Tree activity permits.
20.52.320 Tree removal and planting preservation plan.
20.52.330 Fee-in-lieu of supplemental plantings.
20.52.340 Tree protection measures during construction.
20.52.400 City tree removals.
20.52.410 Minimum street tree standards.
20.52.420 Owner responsibility within city rights-of-way.
20.52.500 Liability.
20.52.510 Other general provisions.
20.52.010 Purpose and intent.
A. The purpose of the tree management code is to preserve the existing sylvan appearance
through long-term retention preservation and planting of trees that contribute to the community’s
distinct features including proximity to the lakeshore, views, heavily landscaped streetscapes,
and large tracts of public and private open spaces.
B. The intent of this chapter is to establish regulations and standards that:
1. Protect and preserve the existing tree canopy;
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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;
4. 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 in
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
8. Foster public education on the local urban forestry program and encourage good tree
management consistent with this chapter. (Ord. 923 § 9, 2015; Ord. 909 § 2 (Att. A), 2014)
20.52.020 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 20.66.050. (Ord. 923 § 10, 2015; Ord. 909 § 2 (Att. A), 2014)
20.52.025 Using this chapter.
Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014)
20.52.030 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 pruning
takes place and evidence is provided of the imminent threat supporting the emergency tree
removal; and
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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
to obtain a permit as prescribed by this chapter and require compliance with the requirements
of this chapter;
D. Trimming and pruning operations and maintenance of trees and vegetation following the most
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. (Ord. 923 § 12, 2015; Ord. 909 § 2 (Att. A), 2014)
20.52.040 Using this chapter.
This chapter prescribes the requirements for tree retention preservation and planting on lands
undergoing development, and the requirements for removal of significant trees on private and
public lands. Diagram 20.52.040 offers a user’s guide that outlines the general process for
applying the provisions of this chapter.
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Is the land under development?
See MMC 20.52.100
Submit tree removal & planting preservation plan
See MMC 20.52.320
Determine tree permit
See MMC 20.52.310
Determine if supplemental trees are required
MMC 20.52.130(D)
Retain
Tree*
Determine Net Existing Tree Units
MMC 20.52.130(C)
Is the tree a Legacy or Landmark Tree?
See MMC 20.52.120
Yes
Yes
Determine Required Tree Units
MMC 20.52.130(B)
No*
Is the tree a significant species?
See MMC 20.52.050 &
Suitable Tree Species List
Yes Follow tree retention requirements objectives of tree
preservation plan
In MMC 20.52.110 & MMC 20.52.120 20.52.320
No Is a tree being removed? Yes Is a tree being removed? No*
Yes No
Diagram 20.52.040
* Denotes no further action required.
20.52.050 Designation of significant tree species.
A. A list of suitable tree species consisting of coniferous and deciduous trees is set forth in 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:
Is the proposal exempt?
See MMC 20.52.030
City Trees
See MMC 20.52.400
Tree Code
Determine tree permit
See MMC 20.52.310
Determine Tree Restoration
Requirements
See MMC 20.52.150
No
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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 and
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
deny the proposed modifications. The city council may also decline to take action on the
proposed 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.
D. The “City of Medina List of Suitable Tree Species” is used in conjunction with the definition
of significant tree set forth in MMC 20.12.200 to denote the term significant tree as used in this
chapter. (Ord. 923 § 14, 2015; Ord. 909 § 2 (Att. A), 2014)
20.52.060 Notice of tree removal involving no construction.
Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014)
20.52.070 Tree removal and replacement plan.
Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014)
20.52.080 Designation of significant tree species.
Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014)
20.52.090 Tree replacement requirements.
Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014)
20.52.100 Designation of land under development.
Land is designated as under development for purposes of this chapter if one or more of the
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;
Commented [TE1]: It would be helpful to have an end or
completion of “land under development” included in this
section of code – something like, the designation of land
under development shall be from the time the building or
grading & drainage permit is submitted until the time that the
associated tree permit is finaled. This would help permit
coordination and fee application.
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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 or shoreline permit where:
1. One or more significant trees are removed, with at least one tree having a 10-inch
diameter breast height or larger size; or
2. Four or more significant trees are removed, provided each has less than a 10-inch diameter
breast height size; and
3. The criteria in subsections (B)(1) and (2) of this section shall include the following trees:
a. Significant trees removed within two years prior to the submittal of an application for
such permits; or
b. Significant trees removed within two years after such permits are finalized by the city
and the project completed.
C. Clearing or grubbing of land that:
1. Is located outside of city rights-of-way;
2. Requires no permits, except for a tree permit; and
3. Removes four or more significant trees, with at least four trees having a 10-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 20.52.200 and 20.52.210,
respectively. (Ord. 925 § 1, 2015; Ord. 923 § 16, 2015; Ord. 909 § 2 (Att. A), 2014)
20.52.15 General provisions and applicability:
Where land is designated as under development pursuant to MMC 20.52.100, the preservation of
healthy trees shall be considered in accordance with the following guidance:
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1. Tree preservation shall be included as a primary step in site planning and shall be
achieved by meeting the minimum required tree units established in Table 20.52.130(B).
2. Site design strategies and specific development site areas demonstrating preservation of
significant trees shall be presented at the pre-application meeting with the city.
3. A tree preservation plan shall be required that demonstrates the objectives outlined in
MMC 20.52.320.
4. Any applicable grading plans, pursuant to MMC Chapter 20.43, shall be developed to
avoid significant alteration to the grades around preserved trees.
5. Multiple applications of the tree retention preservation requirements in this section
chapter over a 10-year period shall not cause the number and size of trees required to be
retained to be reduced below the number and size of trees required to be retained with the
first application.
6. When calculating retention requirements tree preservation requirements, trees excluded
from retention preservation requirements shall not be included in the calculation.
7. For the purpose of calculating tree density requirements, critical areas and their
associated buffers shall be excluded from the lot area used for calculation (example: a
16,000 square foot lot has a stream on site that encompasses 1,500 square feet including
the stream buffer. The lot area used for tree density calculation would be 14,500 square
feet (16,000 – 1,500 = 14,500) provided:
a. Critical areas shall be limited to wetlands, streams, geologically hazardous areas,
conservation easements, and their associated buffers as described in MMC
Chapters 20.50 and 20.67; and
b. Removal of any vegetation or woody debris, including trees, from a critical area is
subject to the regulations in MMC Chapters 20.50 and 20.67.
8. All of the following shall be excluded from the requirements of this section chapter:
a. Hazard trees designated pursuant to MMC 20.52.200;
b. Nuisance trees designated pursuant to MMC 20.52.210 and where, if applicable,
re-development does not remedy the conditions causing the nuisance;
c. Those significant trees having less than a 36 24-inch diameter breast height size
and located within the footprint of the principal building on the lot.
20.52.110 Tree retention requirements Repealed.
A. Where land is designated as under development pursuant to MMC 20.52.100, trees within the
boundaries of the lot (retention of trees in the city right-of-way are governed by MMC
20.52.400) shall be retained in accordance with any one of the following:
Commented [TE2]: I suggest removing the word
“significant” because it’s unspecific and we’re dealing with
finite space for tree protection.
Commented [TE3]: “within tree protection areas.” This
would be more specific and a dimension around trees
typically measured from their trunk or other existing root
zone limitation (like an existing wall).
Commented [TE4]: The unit is tree credits – suggest
replacing “the number and size of trees” with “tree units”
Commented [TE5]: This is an interesting addition. I’m
uncomfortable with this addition if it will be required for all
tree permits including those outside of development because
then we’d have to map the steep slope or wetland and
subtract it from the lot area.
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1. Preserve at least 50 percent of the existing trees that are:
a. Six inches diameter breast height and larger; and
b. Of a native species eligible for credit on private property as set forth in the “City of
Medina List of Suitable Tree Species”; or
2. Preserve at least 40 percent of the existing trees that are:
a. Six inches diameter breast height and larger with at least half of those required to be
retained each having 10 inches diameter breast height or larger size; and
b. Of a native species eligible for credit on private property as set forth in the “City of
Medina List of Suitable Tree Species”; or
3. Preserve at least 35 percent of the existing trees that are:
a. Six inches diameter breast height and larger with at least half of those required to be
retained meeting the following:
i. All shall have a diameter breast height size of 10 inches or larger; and
ii. Forty percent shall have a diameter breast height size of 24 inches or larger; and
b. Of a native species eligible for credit on private property as set forth in the “City of
Medina List of Suitable Tree Species”; or
4. Preserve at least 25 percent of the existing trees that are:
a. Six inches diameter breast height and larger with at least 75 percent of those required
to be retained each having 24 inches diameter breast height or larger size; and
b. Of a native species eligible for credit on private property as set forth in the “City of
Medina List of Suitable Tree Species.”
B. All fractions in subsection (A) of this section shall be rounded up to the next whole number.
C. The requirement for tree retention under subsection (A) of this section shall not exceed the
trees necessary to meet the required tree units set forth in MMC 20.52.130.
D. Multiple applications of the tree retention requirements in this section over a 10-year period
shall not cause the number and size of trees required to be retained to be reduced below the
number and size of trees required to be retained with the first application.
E. When calculating retention requirements, trees excluded from retention requirements shall not
be included in the calculation.
F. All of the following shall be excluded from the requirements of this section:
1. Hazard trees designated pursuant to MMC 20.52.200;
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2. Nuisance trees designated pursuant to MMC 20.52.210 and where, if applicable, re-
development does not remedy the conditions causing the nuisance;
3. Those significant trees having less than a 36-inch diameter breast height size and
located within the footprint of the principal building on the lot. (Ord. 923 § 17, 2015;
Ord. 909 § 2 (Att. A), 2014)
20.52.120 Legacy and Landmark tree protection measures.
This section applies to trees designated as lLegacy and Landmark trees, which are native trees
that because of their age, size and condition are recognized as having exceptional outstanding
value in contributing to the character of the community. Legacy and Landmark trees within the
shoreline jurisdiction are regulated in MMC 20.66.050.
A. A Legacy or Landmark tree meeting all of the following criteria shall be designated as a
legacy tree by meeting the following criteria:
1. Legacy tree:
1a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable
Tree Species”; and
2b. The diameter breast height of the tree is 50 36 inches or larger but less than 100
inches; and
3c. The city arborist determines the tree to be healthy with a likelihood of surviving more
than 10 years based on assumptions that:
ai. The tree is properly cared for; and
bii. The risk of the tree declining or becoming a nuisance is unenhanced by any
proposed development; and.
2. Landmark tree:
a. The tree species is denoted as a legacy tree on the “City of Medina List of Suitable
Tree Species”; and
b. The diameter breast height of the tree is 100 inches or larger; and
c. The city arborist determines the tree to be healthy with a likelihood of surviving more
than 10 years based on assumptions that:
i. The tree is properly cared for; and
ii. The risk of the tree declining or becoming a nuisance is unenhanced by any
proposed development.
4. The tree is not:
a. A hazard tree pursuant to MMC 20.52.200; or
Commented [TE6]: I haven’t seen one tree in Medina that
meets this criterion. The largest I’ve seen was 68” DBH
Douglas fir tree on the Stephanus property.
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b. A nuisance tree pursuant to MMC 20.52.210; excluding those trees where, if
applicable and feasible, redevelopment can remedy the conditions causing the nuisance;
or
c. Located within the footprint of the principal building on the lot, excluding those trees
where alternative design of the building is feasible in retaining the tree.
B. Legacy and Landmark trees shall be preserved and retained unless replacement trees are
planted in accordance with the following:
1. Legacy tree:
1a. The quantity of replacement trees is calculated by multiplying the diameter breast height
of the each subject lLegacy tree by 50 percent the required percentage standards in Table
20.52.120(B) to establish the number of replacement inches units; and
2. Where more than one legacy tree is removed, the replacement inches for each legacy tree
being removed shall be added together to produce a total number of tree replacement inches;
and
b. All fractions of this section shall be rounded up to the next whole number.
3. The total number of replacement trees is determined by the total caliper inches of the
replacement trees equaling or exceeding the required tree replacement inches established in
subsections (B)(1) and (2) of this section.
Table 20.52.120(B) Legacy Tree Replacement Requirements
Square Footage of the Lot Area Required number of replacement caliper units
Less than 10,001 10% removed DBH
From 10,001 to 13,000 15% removed DBH
From 13,001 to 15,000 25% removed DBH
From 15,001 to 20,000 35% removed DBH
Greater than 20,000 50% removed DBH
The following example illustrates how to calculate legacy tree replacement units on a lot that is
less than 10,001 square feet:
Lot size: 8,120 sq. ft.
Required tree units: 8,120 / 1,000 x 0.4 (tree density ratio) = 3.2 (rounded up to the next whole
number) = 4
Total existing tree units on site: 6.5 units
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Eight 10-inch DBH trees – 4 units (.5 units per tree)
Two 24-inch DBH trees - 1.5 units (.75 units per tree)
One 44-inch DBH Tree – 1 unit (1 unit per tree)
Total tree units removed: 3
Four 10-inch DBH trees = 2 units removed
One 44-inch DBH tree = 1 unit removed
Net tree units: 3.5
Supplemental Units Required: Yes (4 required tree units – 3.5 net tree units) = .5
Legacy Tree Removed: Yes – One 44-inch DHB tree
Legacy Tree Supplemental Units: 10% x 44 = 4.4 (rounded up to the next whole number) = 5
Landmark Tree Removed: No
Total supplemental Requirements = 5.5 units (.5 supplemental units + 5 legacy supplemental
units) = 6 trees
2. Landmark tree:
a. The quantity of replacement inches is calculated by multiplying the diameter breast
height of each subject Landmark tree by 100 percent to establish the minimum
number of replacement inches; and
b. All fractions of this section shall be rounded up to the next whole number.
C. In lieu of planting the replacement trees prescribed in subsection (B) of this section, an
applicant may satisfy the tree replacement requirements by: meeting the criteria set forth in
MMC 20.52.330.
1. Planting at least three replacement trees; and
2. Contributing to the Medina tree fund at a rate of $400.00 per each replacement inch not
accounted for in the planting of replacement trees; and
3. The sum of the tree replacement inches accounted for by contributing to the Medina tree
fund and the total caliper inches of the replacement trees planted shall not be less than the
total replacement inches calculated in subsection (B) of this section.
D. Other Provisions.
1. Each replacement tree shall meet the standards prescribed in MMC 20.52.1340(D)(4)(a)
through (d) and (g);
2. The tree replacement requirements set forth in subsections (B) and (C) of this section shall
apply to the removal of a lLegacy and Landmark 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 lLegacy and Landmark
tree shall not be used to satisfy requirements for removing nonlegacy trees or a pre-existing
tree unit gap;
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Calculate Net
Existing Tree Units
Determine Existing
Tree Units
Subtract Tree Units
of Trees Removed
Subtract Net Existing Tree Units
from Required Tree Units
Multiply by Tree
Density Ratio
Lot Area / 1,000 Calculate Required Tree Units
(Minimum Performance
Preservation Standard)
If Difference is Zero
or Negative
No Supplemental
Trees Required
If Difference is
Positive
Calculate Required
Supplemental Trees
4. If the minimum performance preservation standards in MMC 20.52.130 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 unit;
5. Off-site tree planting as described in MMC 20.52.140(A), (B), (C)(2), and (E) are
acceptable alternatives to on-site replacement tree planting provided the director or designee
approves of the off-site location in writing.
20.52.130 Minimum performance preservation 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 20.52.100. Figure 20.52.130 outlines the
primary steps prescribed by this section in establishing requirements and determining
compliance with this chapter.
Figure 20.52.130 Tree Performance Preservation Process
B. Lots with land under development shall contain a sufficient number of significant trees to
meet the minimum required tree units established by the following procedures:
1. The lot area is divided by 1,000 square feet; and
2. The quotient is multiplied by the corresponding tree density ratio applicable to the lot as
set forth in Table 20.52.130(B); and
3. The resulting product is rounded up to the next whole number to establish the minimum
number of required tree units.
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Table 20.52.130(B) Tree Density Ratio
Zoning District Category of Land Use Tree Density Ratio
R-16, R-20, R-30 & SR-30
Residential 0.3540
Golf Course 0.15
Nonresidential other than specifically
listed
0.25
Public
Schools 0.15
Parks 0.42
Residential 0.3540
Nonresidential other than specifically
listed
0.25
N-A All 0.25
State Highway All 0.12
C. To determine compliance with the required tree units 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 20.52.130(C); and
3. Add the tree units together to compute the total existing tree units and subtract the tree
units of those significant trees removed to determine the net existing tree units (do not round
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.
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Table 20.52.130(C) Existing Tree Unit
Tree Type Diameter Breast Height
of Existing Tree
Tree
Unit
Deciduous 6 to 10 inches 0.75
Greater than 10 inches 1.0 0.75
Coniferous
6 to 10 inches 0.75
Greater than 10 inches,
but less than 50 36 inches
1.0 0.75
50 36 inches and greater 1.250
D. If 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:
a. If the difference is less than zero round to zero;
b. A difference of zero means no pre-existing tree unit gap is present;
c. If the difference is greater than zero, the difference is the pre-existing tree unit gap;
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;
3. The quantity of supplemental trees is determined by:
a. Assigning a tree unit to each supplemental tree using Table 20.52.130(D);
b. 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;
c. The quantity of supplemental trees shall be of a sufficient number that their total
assigned tree units added to the net existing tree units shall equal or exceed the minimum
required tree units established in subsection (B) of this section; and
d. Supplemental trees in excess of those needed to meet the minimum required tree units
shall not be required.
e. See Diagram 20.52.130 for an example of calculating supplemental trees.
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Table 20.52.130(D) Supplemental Tree Unit
Purpose of Supplemental
Tree
Diameter Breast Height of
Removed Tree
Tree Unit for
Supplemental Trees
Replace an existing
significant tree
6 inches to less than 24 inches 1.0
24 inches and larger 0.5
Fill a pre-existing tree unit
gap
Not applicable 1.0
Diagram 20.52.130 Example Calculating Supplemental Trees
Determine Required Tree Units:
• 15,000 sq. ft./ 1,000 sq. ft. X 0.40 Tree Density Ratio
6.0 Required Tree Units
Inventory Existing Significant Trees:
• Three 30-inch DBH trees
• One 10-inch DBH tree
• One 6-inch DBH tree
43.25 Existing Tree Units
Determine pre-existing tree unit gap 12.75 Pre-existing Tree Unit Gap
Significant Trees Removed:
• Two 30-inch DBH trees
• One 6-inch DBH trees
1.725 Net Existing Tree
Determine if Supplemental Trees required:
• 6.0 Tree Units – 1.725 Tree Units 4.275 Tree Units
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
• 23 to Fill 12.75 Pre-existing Gap = 23.0 tree units
• Net Existing Tree Units = 1.725 tree units
Total: 67.725 tree units
78 supplemental trees required
4. Minimum Development Standards Applicable to All Supplemental Trees.
a. To be eligible as a supplemental tree, the tree species must be selected from the
appropriate list set forth in the “City of Medina List of Suitable Tree Species”
established in MMC 20.52.050;
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b. Trees shall be planted on the subject lot;
c. Each supplemental 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. Trees shall be planted in a manner of proper spacing and lighting that allows them to
grow to maturity;
e. Existing trees within the boundaries of the lot having less than six inches diameter
breast height may count as supplemental trees provided the tree meets all other
requirements applicable to a supplemental tree;
f. Supplemental trees replacing existing significant trees shall have at least one tree be of
the same plant division (coniferous or deciduous) as the significant tree it is replacing;
and
g. The owner of the subject lot shall take necessary measures to ensure that supplemental
trees remain healthy and viable for at least five years after inspection by the city and the
owner shall be responsible for replacing any supplemental trees that do not remain
healthy and viable for the five years after inspection by the city.
E. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as
a significant tree for purposes of this chapter.
F. In lieu of the supplemental tree requirements prescribed by this section, an owner may satisfy
the requirements for supplemental trees by meeting the requirements for off-site tree planting set
forth in MMC 20.52.140.
20.52.140 Off-site tree planting Supplemental tree standards and priorities.
A. Where this chapter authorizes off-site tree plantings, an owner may use the provisions of this
section to satisfy requirements for planting trees on site.
B. Except where contribution to the Medina tree fund is used in lieu of planting required trees,
application of this section shall not result in planting trees below the minimum requirements for
on-site plantings.
C. An owner may plant required trees at on off-site location provided all of the following are
satisfied:
1. The off-site location is within the boundaries of the city including:
a. Private property with the written consent of the owner of the off-site location;
b. City property with the written approval of the director;
c. Other public property with the written consent of the entity with jurisdiction over the
off-site location;
2. Existing trees at the off-site location shall not be included as satisfying tree planting
requirements;
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3. Trees planted off site in lieu of on-site requirements shall not be counted as an existing
tree on the property where the off-site tree is located;
4. Trees planted off site in lieu of on-site requirements shall meet development standards
including:
a. Having a minimum caliper of two inches or, if the tree is coniferous, having a
minimum height of six feet at the time of final inspection by the city;
b. If applicable, having at least one tree of the same plant division (coniferous or
deciduous) as the significant tree it is replacing;
c. The owner of the off-site property shall take necessary measures to make certain that
the trees planted to satisfy the requirements of this chapter remain healthy and viable for
at least five years after inspection by the city, and the owner shall be responsible for
replacing any subject trees that do not remain healthy and viable for the five years after
inspection by the city.
D. In lieu of planting trees, an owner may contribute to the Medina tree fund provided the
following are satisfied:
1. When the contribution is for replacing an existing significant tree, payment is at a rate of:
a. Two hundred dollars per each diameter breast height inch of the significant tree where
the tree removed has less than a 20-inch diameter breast height size;
b. Two hundred fifty dollars per each diameter breast height inch of the significant tree
where the tree removed has at least a 20-inch diameter breast height, but less than 36-
inch diameter breast height size;
c. Four hundred dollars per each diameter breast height inch of the significant tree where
the tree removed has at least a 36-inch diameter breast height or larger size;
2. When the contribution is for required tree plantings used to satisfy the pre-existing tree
unit gap determined in MMC 20.52.130(D)(1), payment shall be at a rate of $1,700 per
required tree not planted.
E. An owner may select to apply a combination of planting trees on site, off site and/or
contributing to the Medina tree fund provided:
1. The combination is consistent with the provisions of this chapter; and
2. The combination results shall be equivalent to or greater than the minimum requirements
for on-site plantings.
F. Consistent with the authority granted in MMC 20.10.040, the director may establish additional
administrative rules as necessary relating to the care and maintenance of off-site trees.
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A. To be eligible as a supplemental tree, the tree species must be selected from the appropriate
list set forth in the “City of Medina List of Suitable Tree Species” established in MMC 20.52.050
and shall meet the following general requirements:
1. Each supplemental 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;
2. Trees shall be planted in a manner of proper spacing and lighting that allows them to grow
to maturity;
3. Existing trees within the boundaries of the lot having less than six inches diameter breast
height may count as supplemental trees provided the tree meets all other requirements
applicable to a supplemental tree;
4. Supplemental trees replacing existing significant trees shall have at least one tree be of the
same plant division (coniferous or deciduous) as the significant tree it is replacing; and
5. The owner of the subject lot shall take necessary measures to ensure that supplemental
trees remain healthy and viable for at least five years after inspection by the city and the
owner shall be responsible for replacing any supplemental trees that do not remain healthy
and viable for the five years after inspection by the city.
B. All trees used to satisfy the supplemental tree requirements of this chapter shall be included as
a significant tree for the purpose of this chapter.
C. Where supplemental trees are required pursuant to MMC 20.52.130(D), the trees shall be
planted in the following order of priority:
1. On-site and adjacent right-of-way. The preferred locations for on-site supplemental trees
are in the following order of priority from most important to least important:
a. Adjacent to critical areas and their associated buffers as defined in MMC Chapters
20.50 and 20.67;
b. Adjacent to a low impact development (LID) stormwater facility;
c. Within the first 15 feet of the front property line.
d. Within the immediately adjacent right-of-way.
2. Off-site. An owner may elect to plant the required trees off-site upon written request, and
approval from the City. Except where contribution to the Medina tree fund is used in lieu of
planting required trees, application of this section shall not result in planting trees below the
minimum requirements for on-site plantings. Off-site locations include:
a. City-owned properties;
Commented [TE7]: Having these two priority placements
may run crosswise to planting large maturing trees. Consider
that there are many overhead powerlines (OHL) along the
ROW throughout the city and these OHL require only
smaller stature trees (those with a mature height of <30’
planted within 15’ lateral feet of the OHL.
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b. Street rights-of-way not immediately adjacent to the property;
c. Private property with the written consent of the owner of the off-site location;
d. Other public property with the written consent of the entity with jurisdiction over the
off-site location;
e. Any other property determined appropriate by the director.
3. Fee-in-Lieu. If the director or designee determines there is insufficient area to replant on-
site or within the adjacent public right-of-way, the director or designee may authorize
payment of a fee-in-lieu in accordance with MMC. 20.52.330.
D. An owner may elect a combination of planting trees on site, off site and/or fee-in-lieu upon
written request, and approval by the City, provided:
1. The combination is consistent with the provisions of this chapter; and
2. The combination results shall be equivalent to or greater than the minimum requirements
for on-site plantings.
E. Consistent with the authority granted in MMC 20.10.040, the director may establish additional
administrative rules as necessary relating to the care and maintenance of off-site trees.
F. Existing trees at the off-site location shall not be included as satisfying tree planting
requirements.
G. Trees planted off-site in lieu of on-site requirements shall not be counted as existing trees on
the property where the off-site tree is located.
20.52.150 Minimum restoration 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 20.52.100.
B. Removal of significant trees on a lot, including hazard and nuisance trees, is authorized only
if the restoration requirements in Table 20.52.150 are satisfied, or if the property meets the
requirements prescribed in subsection (K) of this section.
Table 20.52.150 Tree Restoration Standards
Diameter Breast Height of Removed
Tree Restoration Requirements
Each
Significant
Tree
6 to 10 inches Plant one tree
Greater than 10 inches, but less than 24
inches
Plant two trees
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Diameter Breast Height of Removed
Tree Restoration Requirements
24 inches and larger Plant three trees
Legacy trees See MMC 20.52.120
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 20.52.050.
D. Restoration trees shall be planted within the boundaries of the 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.
F.G. The restoration tree shall be planted so that the root flare or trunk flare is at or slightly
above finish grade.
G.H. 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.I. The owner of the 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.J. All trees used to satisfy the restoration requirements of this chapter shall be
included as a significant tree for purposes of this chapter.
J.K. 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 20.52.140.
K.L. The restoration requirements in Table 20.52.150 for removing significant trees
shall be waived if the following criteria are satisfied:
1. The subject lot contains a sufficient number ofenough significant trees to meet the
performance standard for required trees established in MMC 20.52.130; 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 performance standards for required
trees established in MMC 20.52.130. (Ord. 923 § 20, 2015; Ord. 909 § 2 (Att. A), 2014)
Commented [TE8]: Suggest more specific limitation to
restoration tree planting that counts for credit; should
include: 1- restoration tree stems shall be no closer than 10’
to exterior wall of house and at least 10’ offset from an eave
or covered patio, 2- restoration tree(s) shall not be planted in
a line and be the same species, 3- restoration tree(s) shall be
planted outside of the dripline of existing trees.
Commented [TE9]: This is the number 1 reason I reject a
restoration tree planting. A tree planted too deep has a high
likelihood of developing girdling roots and dying ~10 years
after planting, just as it’s reaching the size that provides the
canopy that the code is looking to replace.
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20.52.160 Lots 12,000 square feet or less.
Repealed by Ord. 923. (Ord. 909 § 2 (Att. A), 2014)
20.52.200 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 Risk 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:
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 20.52.200(C);
f. Possible mitigation treatments to reduce the risk are identified;
g. The risk is again designated pursuant to the matrix in Table 20.52.200(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:
Table 20.52.200(C) Tree Risk Rating Matrix
Likelihood of Failure or
Impact
Consequences
Negligible Minor Significant Severe
Very Likely Low Risk Moderate Risk High Risk Extreme Risk
Likely Low Risk Moderate Risk High Risk High Risk
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Likelihood of Failure or
Impact
Consequences
Negligible Minor Significant Severe
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 20.52.200(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.”
b. High Risk. This category applies to situations in which consequences are significant
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” and
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.”
2. Definitions of TRAQ method terminology that are not set forth in this chapter or Chapter
20.12 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 hazard
pruning to mitigate the risk rather than removing the entire tree.
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 the
tree a hazard tree. (Ord. 923 § 22, 2015)
20.52.210 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;
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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 and
findings are made supporting a nuisance designation using the following criteria:
1. One or more of the conditions in subsection (A) of this section is present;
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 of the
subject tree. (Ord. 923 § 23, 2015)
20.52.220 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 the
requirements of this chapter. (Ord. 923 § 24, 2015)
20.52.300 Notice of tree removal involving no construction.
A. Property owners removing a significant tree requiring a permit under MMC 20.52.310, 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
receipt of a written request from the applicant and upon finding that the lesser time will provide
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. (Ord. 923 § 25, 2015)
20.52.310 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.
B. An administrative tree activity permit meeting the requirements set forth in MMC 20.70.050
is required for the following activities unless a permit is required elsewhere under this section:
1. Land designated under development as determined in MMC 20.52.100;
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 20.60.050;
Commented [TE10]: Does this include footing drains or
other drainage facilities on site? I believe it should and this
should be specifically noted.
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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 20.52.200, or involving hazard pruning
authorized by the director.
C. An administrative right-of-way tree activity permit meeting the requirements set forth in
MMC 20.71.050 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;
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) of this 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 of the 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;
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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
20.72.100 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 of the
property.
2. The director may modify the procedures for deciding a nonadministrative tree activity
permit and approve the application using a Type 2 decision process provided:
a. The subject tree is designated a nuisance tree pursuant to MMC 20.52.210; 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 20.72.100 are satisfied. (Ord. 923 § 26, 2015)
20.52.320 Tree removal and planting preservation plan.
A. Permits for lands under development and permits for removing city trees in city rights-of-way
shall include a tree removal and planting preservation plan containing the following information:
1. A survey plan prepared by a Washington State licensed surveyor that includes the
following:
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a. The location, genus, species, common name, and size of all significant trees located
within the boundaries of the property and within any adjoining city rights-of-way;
ba. Topography of the site at two-foot contour intervals;.
cb. Critical area boundary’s and size in square feet on parcel as defined in Chapters 20.50 and
20.67 MMC; and.
d. If existing trees that are less than six inches diameter breast height are to be counted
as supplemental trees, the location, genus, common name, and size of such tree.
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; and.
c. The shoreline jurisdiction as defined in RCW 90.58.030, if applicable to the property.
3. A conceptual or definitive tree-planting plan that includes:
a. Identification of all trees having a six inches or larger diameter breast height size to be
retained and those to be removed; The location, genus, species, common name, and size
of all significant trees located within the boundaries of the property and within any
adjoining city rights-of-way and notation of which significant trees will be retained and
which are proposed to be removed.
b. Analysis of required tree units, existing tree units, and net tree units; If existing trees
that are less than six inches diameter breast height are to be counted as supplemental
trees, the location, genus, common name, and size of such tree.
c. Compliance with the following objectives:
i. Trees shall be incorporated as a site amenity with strong emphasis on tree
protection. To the extent possible, forested sites should retain their forested look,
value, and function after development.
ii. Trees should be preserved as vegetated islands and stands rather than as
individual, isolated trees scattered throughout the site.
iii. Trees to be preserved shall be healthy and wind-firm as identified by a qualified
arborist.
iv. Preservation of significant trees as follows:
1. Significant trees which form a continuous canopy.
2. Significant trees located adjacent to critical areas and their associated
Commented [TE11]: To remove that critical area SF from
the lot area.
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buffers.
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3. Significant trees located within the first 15 feet adjacent to a property
line.
4. Significant trees which will be used as part of a low impact development
(LID) storm water facility.
5. Significant trees over sixty (60) feet in height or greater than twenty-four
(24) inches diameter breast height.
c. For lots larger than 20,000 square feet, excluding lots within the shoreline jurisdiction
as defined by MMC 20.66.050, the tree density ratio shall be achieved as follows:
i. At least 20 percent of the required significant trees as determined by MMC
20.52.130 shall be retained equally within the site perimeter as follows:
1. 10 percent within the first 15-feet of the front property line.
2.10 percent within the first 15-feet of the rear property line.
ii. At least 20 percent of the required significant trees as determined by MMC
20.52.130 shall be retained within the site interior.
e. Compliance with the required tree density ratio pursuant to MMC Table 20.52.130(B).
cf. If applicable, a list of supplemental trees to be planted consistent with the
requirements of this chapter;.
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; and.
fi. As applicable, a proposed general planting landscaping plan that includes the required
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 removal and planting preservation 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 removal and
replacement preservation plan, such as tree protection measures, where the director concludes the
information is necessary to determine compliance with this chapter.
D. The applicant may combine the survey, site plan drawing, and/or tree replacement
preservation plan into a single document, or may combine the required information with other
Commented [TE12]: The construction of LID facilities
typically requires the removal of nearby trees. It’s best to site
an LID facility away from existing trees and plant new trees
around it or use the LID facility location to remove &
replace a diseased or declining grove of trees (typically due
to the compaction and planting area preparation of the
previous development at the site).
Commented [TE13]: I’m not a huge fan of making a
subset of lots follow more challenging tree preservation
requirements because it places an arbitrary limit. All
property owners look to the rear setback as the place to save
trees, no need to encourage this. The front property line is
always a challenge to maintain tree protection due to
contractor parking and access. How about the side property
setbacks? Lastly, 1/5th of the tree preservation has to come
from the site interior? This feels like it will lose when it runs
against maximizing the development potential of a lot and
the land use law which supports it. I suggest removing this
and trying to go with an interim step of raising the density
ratio to 0.4 and decreasing the tree units by 0.25 for each
category – this should add a lot of trees (and tree challenges)
to future permit seekers.
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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 removal and planting
preservation plan. However, this shall not preclude the director from requiring such information
as necessary to determine compliance with this chapter.
20.52.330 Fee-in-lieu of supplemental plantings.
A. The director or designee may authorize payment of a fee-in-lieu provided:
1. There is insufficient area on the lot or adjacent right-of-way to meet the number of
replacement inches prescribed by MMC 20.52.130; or
2. Tree replacement provided within public right-of-way or a city park in the vicinity will be
of greater benefit to the community.
3. Fees shall be provided in lieu of on-site tree replacement based upon the following:
a. The expected tree replacement cost including labor to acquire, transport, prepare
planting area and plant the tree, materials including tree, stakes, soil amendments and
fertilizer, and 5-years of maintenance including pruning, removing stakes, watering
(if not irrigated) and mulch replenishment for each replacement tree; and
b. The most current Council of Tree and Landscape Appraisers Guide for Plant
Appraisal.
5. The applicant executes a written agreement with the City demonstrating compliance with
the criteria in this section.
20.52.3340 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.
B. Tree protection measures shall include, but are not limited to, the following:
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
more than 25-feet from areas of land disturbance and construction access, and where
approved by the director, . alternative Alternative forms of tree 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;
1.
2. Limit grading levels around subject trees to not raise or lower grades around subject trees
within the larger of the following areas:
a. The drip line area of the tree; or
Commented [TE14]: Consider tying the fee in lieu to the
same rate for planting extra ROW trees - $600 for a conifer
and $500 for a deciduous tree – per 20.52.400 F.4. It’ll keep
the process smoother with less opportunity for negotiation.
Commented [TE15]: Is this maintenance until
establishment? I suggest that it is, which should be specified
as 5-years to comply with 20.52.140 A.5.
Commented [TE16]: Tree appraisal is used to provide a
cost to replace an established tree not a replacement tree
cost. I suggest deleting this.
Formatted: Font: 12 pt
Formatted: Indent: First line: 0", Right: 0.43", Space
Before: 10.05 pt
Formatted: Indent: Left: 0.7", Space Before: 9.95 pt,
No bullets or numbering, Tab stops: Not at 1.13"
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b.2. Aan area around the tree equal to one foot in diameter for each inch of tree diameter
measured at DBH54-inches above ground level;
3. Installation of a tree well, but only where necessary and only with pre-approval of the city;
Formatted: Font: 12 pt
Formatted: Font: 12 pt, Not Expanded by / Condensed
by
Formatted: Not Expanded by / Condensed by
Formatted: Font: 11 pt
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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 Align trenches for utilities that minimize negative effects on the tree root structure
with provisions for filling the trenches with a suitable growing medium in the vicinity of the
treesoutside of tree protection area or specify directional boring launch and receiving pits
outside of the tree protection area and depth of boring at least 4-feet below ground surface;
6. Employ measures to protect critical root systems from smothering and compaction with a
combination of arborist mulch and/or weight dispersing plates;
7. Implement Detail a tree care program during construction to include
wateringirrigation, mulching, fertilizing, pruning and pest control; and
8. Measures Designate a location away from tree protection area for the disposal of
potentially harmful items such as excess concrete, polluted water runofftemporary
stormwater facilities, 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. (Ord. 923 § 28, 2015)
20.52.400 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 20.52.020, 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 20.52.030 apply to this section.
C. Pruning and trimming of city trees is permitted provided ANSI A300 standards, in their
most recent form, are followed used in the work order specification and the trimming and
pruning comply with the requirements for tree activity permits set forth in MMC 20.52.310.
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 20.52.200;
2. Nuisance trees designated pursuant to MMC 20.52.210;
3. Trees not suitable under utility lines, or in the city right-of-way, as prescribed in the “City
Commented [TE17]: These are standard specifications.
This is why I’ve suggested changing the verbiage to indicate
using the standards in the work order.
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of Medina List of Suitable Tree Species”;
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4. Any tree having less than a 10-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 ofall the following criteria are satisfied:
a. The owner of the adjoining property to the subject tree and the city both accept
allowanceapprove in writing to have the tree removed;
b. The person claiming the view obstruction establishes the tree causes an unreasonable
view obstruction using pictures to prove that the tree was previously not obstructing the
view.the provisions established in MMC 18.16.040 through 18.16.080; and
c. The approval of a nonadministrative right-of-way activity permit is obtained pursuant
to MMC 20.72.090.
E. Where subsection (D) of this section allows removal of a city tree, the following shall apply:
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 20.52.400(E)(1),
except as allowed otherwise by this section;
Table 20.52.400(E)(1) Replacement City Trees
Diameter Breast
Height of Removed
Tree
Significant/Nonsignificant
Tree Species
Tree
Replacement
Each Tree (Include
Nuisance Trees)
Less than 6 inches All None
6 to 10 inches All Plant one tree
Greater than 10 inches,
but less than 24 inches
Nonsignificant Plant one tree
Significant Plant two trees
24 inches and larger Nonsignificant Plant two trees
Significant Plant three trees
Each Hazard Tree 6 to 10 inches All None
Greater than 10 inches All Plant one tree
2. Replacement trees shall meet the following standards:
Commented [TE18]: Do you want to allow a ROW tree to
be removed if the owner wants to add or change the access to
a property or do you want to specify that this vehicle access
is only for undeveloped property or making a safety
improvement to the driveway location of the property?
Commented [TE19]: No longer present in code.
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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 20.52.050;
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 them to grow to maturity;
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 determined 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 to the Medina tree fund;
c. The contribution rate for a city tree designated a hazard pursuant to MMC 20.52.200
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
20.52.030(B), 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. The maximum number of trees in the city right-of-way shall be one tree for each 17 feet of
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;
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2. The director may increase the maximum number of city trees prescribed in subsection
(F)(1) of this section, provided there is sufficient space in the city right-of-way adjoining the
lot to accommodate the increase in city trees;
3. If the tree replacement requirements prescribed in subsection (E) of this section would
result in the total number of city trees in the right-of-way to exceed the maximum prescribed
in subsection (F)(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;
4. If the tree replacement requirements prescribed in subsection (E) of this section would
result in the total number of city trees in the right-of-way to be below the maximum
prescribed in subsection (F)(1) or (2) of this section, an applicant may plant additional trees
in the right-of-way, subject to the limits in subsection (F)(1) or (2) of this section, and reduce
contributions to the Medina tree fund by:
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 of the edge of any paved roadway.
G. The requirements of this section may be used to satisfy the requirements set forth in MMC
20.52.410.
H. Where a proposal includes application of this section and application of MMC 20.52.130
and/or 20.52.150, the requirements for supplemental trees and restoration trees shall be applied
independent of the requirements in this section for replacement trees. (Ord. 958 § 3, 2018; Ord.
923 § 29, 2015)
20.52.410 Minimum street tree standards.
A. This section shall apply to properties adjoining the following city rights-of-way:
1. Minor 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 20.52.100:
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
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3. The requirements of this 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. (Ord. 923 § 30, 2015)
20.52.420 Owner responsibility within city rights-of-way.
A. All owners of property adjoining a city right-of-way shall be responsible for maintaining all
trees, shrubs, and other landscaping planted in the adjoining right-of-way by the property 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
landscaping in the right-of-way adjoining their property do not interfere with the free passage of
vehicles and pedestrians or cause any risk of danger to the public or property.
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 20.52.050.
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. (Ord. 923 § 31, 2015)
20.52.500 Liability.
Consistent with MMC 20.10.070, nothing contained in this chapter shall 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. (Ord. 923 § 32, 2015)
20.52.510 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
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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 20.80.140(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;
2. The director may approve the use of a variety of reasonable methods to identify trees
provided the methods clearly identify all trees being considered under the application; and
3. The director may require additional notices to be posted when, in the opinion of the
director, it is determined necessary to provide reasonable notification to the public of a
pending application.
D. Limitations on Occupancy. A certificate 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 20.40.100
before completion of the tree planting and landscaping work provided all of the following criteria
are satisfied:
1. The property owner provides a financial guarantee to the city to ensure completion of the
tree planting and landscaping;
2. The financial guarantee may take the form of a bond, line of credit, cash deposit, or
another form acceptable to the city;
3. The minimum amount of the financial guarantee shall be 150 percent of the estimated cost
of landscaping and required tree plantings not completed at the time of the inspection; and
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 18.16.04014.08,
unreasonable obstructions of views or sunlight by uncontrolled growth or maintenance of trees
may constitute a private nuisance subject to redress as set forth in Chapter 18.1614.08 MMC.
(Ord. 923 § 33, 2015)
Commented [TE20]: In my opinion, this is unnecessary –
all owners want to finish the landscaping and this just creates
more work for the City and PM to do when we want the PM
to focus on finishing the house. I suggest adding a stick – a
financial penalty of $600 per conifer and $500 per deciduous
tree (per 20.52.400 F) to be planted as supplemental trees as
a contribution the Medina Tree Fund prior to granting a
Temporary Occupancy with an un-finaled tree permit.
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I request that these comments be considered as part of the Planning Commission public
hearing scheduled for October 19, 2021.
It is well documented that the Tree Code Update 2021 (Tree Management Code Chapter 20.52)
is intended for new construction. The term “new construction” is used numerous times in various
city documents, social media, and in the open house. During the Open House, Commissioner
Nelson requested that I inform the Planning Commission of language that I believe causes the
proposed tree code to affect properties other than new construction.
A. AFFECTS MORE THAN NEW CONSTRUCTION ISSUE (INFORMATION REQUESTED BY
COMMISSIONER NELSON)
If the Commission adopts proposed tree code changes discussed at the Open House, I urge the
Commission to modify the code such that it does not affect properties not under development.
1.Diagram 20.52.040 Delete "Landmark" of the box "Is the tree a legacy or landmark tree.
2.20.52.120 Keep the same without any of the proposed changes and remove all redlined
(added text). Then create a new section 20.52.121 which introduces a term "New
Construction Legacy Tree". The language in the red line version of 20.52.120 would then
be copied to this new 20.52.121 except the term "New Construction Legacy Tree
(NCLGT)" would be used as well as "New Construction Landmark Tree (NCLMT)". The
purpose of a separate 20.52.120 and 20.52.121 is so that there will be no change to
properties not under development.
3.20.52.100(A)(4) should be modified, replacing "500 square feet or 15 percent" to "1500
square or 50 percent". The rationale is that if one wants to add only a modest garage
and a room, they should not be considered to meet the standards required of
constructing a large house.
I know of a Medina resident (initials D.D.) who has a very modest house and no garage.
If that resident were to build simply a one car garage, the property would be subject to
onerous property under development tree regulations. Should he be punished with
bureaucratic complexity for simply building a one car garage when many Medina
residents already have 2 or 3 car garages?
It is conceivable that an elderly Medina resident may need to build a handicapped
accessible bathroom and adjacent bedroom. Such modest addition could trigger onerous
compliance under development tree regulations.
The needs of elderly Medina residents are not merely theoretical. I had a neighbor
(initials A.B.) who moved from Medina to downtown Bellevue as a result of
circumstances related to the tree code. His easement driveway was narrow and
constricted because of a tree that could not be cut down because the then Director (no
longer with the City of Medina) determined that there was no threat to life. The tree had,
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a few weeks earlier, prevented an ambulance from accessing his property during a
medical emergency. His wife expressed to me concern that he could die the next time an
ambulance was needed and was unable to pass. The elderly man later cited his age and
infirmity as the reason for his moving from Medina. The Bellevue Fire Department wrote
a letter to the city to confirm the inability to access due to an offending tree.
B. EVIDENCE DOES NOT SUPPORT NEED FOR TREE CODE CHANGES
The stated purpose of the Tree Code Update 2021 is described in a September 21, 2021
memorandum from city staff to the city council found at
https://mccmeetingspublic.blob.core.usgovcloudapi.net/medinawa-meet-fa4d819369294bdcafa5
5c4798af82a6/ITEM-Attachment-001-653714c88a2e48e4adc59e45f5289208.pdf .
This document states "In 2020, a handful of redevelopment projects caused a visceral reaction
from the community. These redevelopments appeared to be able to cut down a significant
number of trees which gave the land a stark, clear-cut appearance.”(see p. 1 of 121,
background).
Stephanie Keyser, ACIP, Planning Manager kindly responded to a request to identify these
projects. The identified projects are located at 1818 77th Ave NE, 2019 79th Ave NE and 707
Overlake Drive East. Construction on the first property appears to have been completed. The
latter two properties are currently under construction. It is useful to evaluate these three
properties because they are the fundamental basis for Tree Code Update 2021 as stated in
documents authored by the city.
1818 77th Avenue NE
Attached are photographs of the property in 2011 (source: Google Street View, date of image at
the bottom) and October 2021. The current new house is significantly more attractive than the
previous property. The current landscaping is very well kept and attractive as compared to 2011.
When facing the front door, the current house has large trees to the right and to the left as well
as in front of the house. It is unreasonable to consider this property as clear cutting of trees. In
short, it is a beautiful house and property. This property is an improvement to the city and
evidence that there is not a need for a stricter tree code.
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The detailed landscaping is also situated
behind the sidewalk and in front of the entire house.
Foreground, background, and most trees to the
photo’s right in the subject property.
Note that neighboring property to the left lacks
the tall trees of subject property
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Google Street View of the old house. It is a
small house out of character from its neighbors.
2019 79th Ave NE
The house is currently under construction. The previous house was in poor shape with visibly
broken driveway pavement, overgrown vegetation, and a house which is significantly smaller
and more spartan than the average house in Medina and in that city block. In view of the house
being under construction and in an early stage of construction, it is not possible to judge the
aesthetics of the house or future landscaping. However, the current state of trees is compatible
with its neighbors. Attached are photographs of houses that are neighboring properties or
across the street. All of them have approximately the same tree canopy appearance as the
subject property, 2019 79th Ave NE. Some may consider the property's condition prior to
construction as an eyesore, overgrown with trees, and not in character with the neighborhood. If
that is the case, this construction is an improvement to the city and not evidence of a need for a
stricter tree code.
subject property.
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AGENDA ITEM 6.1
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next door neighbor. Trees on the left mostly
belong to the subject property, not this house.
directly across the street from the subject
property. This property has essentially no trees in front. These two properties demonstrate that
the subject property has the same visual character, if not more visible trees.
707 Overlake Drive East
Attached are photographs of the property in 2019 (source: Google Street View, date of image at
the bottom) and October 2021. In view of the house being under construction and in an early
stage of construction, it is not possible to judge the aesthetics of the house or future
landscaping. However, the current state of trees viewing from Overlake Drive East remains
forested (compare pre-construction Google Street View versus October 2021 where it appears
that all trees have been retained). Furthermore, attached is a photograph of the property's next
door neighbor. The neighboring property is attractive but has far less vegetation and trees than
the subject property, 707 Overlake Drive East. This construction shows that the property is
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compatible and more heavily forested than the neighboring property and not evidence of a need
for a stricter tree code.
Subject property. Street is Overlake Drive
East. 707 mailbox (white) is on the left.
Historical photo from Google Street View
from almost identical angle. White mail box of the 707 Overlake Drive East property is to the left
but difficult to see.
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7
Some of the trees in the photo belong to
the 707 subject property. This is the neighbor of 707. The street frontage does not compare with
the street frontage of the 707 Overlake Drive East property (which was the subject to a
complaint causing Tree Update 2021 to be written).
Conclusion
Despite the statement that “(t)hese redevelopments appeared to be able to cut down a
significant number of trees which gave the land a stark, clearcut appearance." (see p. 1 of 121,
background, 9/21/2021 city memo)., the above description and photographs of the three
properties in question do NOT document a stark clear cut appearance that is inconsistent with
its neighbors.
In the only example where construction has been completed, the property is very attractive, both
in the house, landscaping, and trees. For this reason, I urge the Planning Commission to
request that the City Council allow the Commission to temporarily cease work on the Tree Code
Update 2021 and consider that no update is needed. Even more productive would be a
temporary one year suspension of the tree code as it relates to development, which could
provide evidence whether a tree code should even exist. In the worst possible scenario, the
amount of construction in one year would not change the character of the city but could provide
valuable guidance and direction.
C. ALTERNATIVES TO TREE CODE UPDATE 2021 (or alternatives to conclusion of
Section B.)
The Tree Code Update does not specify where significant trees should be located on properties
under development that are new construction. Medina residents who view houses typically view
them from the street, not from an airplane or trespassing in the backyard. In view of this
behavior, it is likely that Tree Code Update 2021 will not end occasional tree complaints to the
city.
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Therefore, consider replacing the complex performance requirements of Tree Code Update
2021 with a MMC 20.52.122 reading along the lines of:
“All properties under development which consist of predominantly construction of a new
structure or 50% or greater expansion of an existing structure shall have two significant trees
situated between the structure and the public road. If the frontage of the property along the
public road exceeds 75 feet, three significant trees shall be situated between the structure and
the public road and one additional significant tree for each 50 feet in excess of 125 feet of public
road frontage. If the distance between the structure and the public road is less than 40 feet,
non-significant trees or bushes may be planted in lieu of significant trees.”
D. ADDITIONAL CONSIDERATIONS
Excessive time for tree permits
In the agenda packet, there are two projects where the application date and approval date is
disclosed. In both cases, approval took between 6 and 7.5 months to approve. (p. 83 of 121,
9/25/2019 received and 5/7/2020 approved; p. 112 of 121, 1/29/2020 received and 7/30/2020
approved).
Consider adding a provision to Tree Code Update 2021 along the lines of:
MMC 20.52.126 If tree permits for properties under development exceed an average of eight
weeks between the date of submission of a complete application for permit and the date of
approval based on the average of all tree permits for properties under development for a two
calendar year period, the city shall complete a study within six months to reduce the complexity
of tree regulations.
Safety concerns and mathematical re-calculations
1.There are currently no provisions in the tree code for extremely tall trees. If the height
limitation of a house is 36 feet, consideration should be given to whether trees greater
than 72 feet are not desirable or are more hazardous. A good tree plan would be where
residents continually cut and replant trees. Historically, Medina was completely
harvested for lumber more than 100 years ago, which improved public safety. Eventually,
Medina should re-harvest trees, albeit on a careful and staggered timetable. Trees might
be like long hair. Long hair can be attractive but can become too long at a certain point.
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(credit: SBS TV, Australia)
2.During the Open House, there were comments about no consideration given to how
much space is needed for tree roots of a mature tree. There is a danger that increased
tree requirements may result in difficulty in compliance despite good faith efforts by
homeowners.
If a 10,000 sq. ft. property may have 55% impervious surface, that leaves 4,500 sq. ft.
remaining. If it is deemed that trees should not be closer than 20 feet from the house to
prevent damage to the foundation and/or sewage system and/or tree roots, this may
reduce the amount of land for trees to 3,000 sq. ft. If 4 significant tree units result in 8
trees and if each tree should have a 20 ft. x 20 ft. space for proper tree root growth, this
results in needing 3,200 sq. ft. One should note that earlier in the calculator, only 3,000
sq. ft. is available. Furthermore, there may be no more room for any other yard use, such
as vegetable planting or recreational use.
3.There was no explanation during the Tree Code Open House as to the rationale for
selecting an increased tree density ratio in proposed Table 20.52.130(B) from 0.35 to
0.40. In particular, at 0.40, the tree density ratio for residential properties approaches
that of city parks, which is 0.42. There is no explanation to why the residential properties
should have an almost identical tree density as city parks. The Planning Commission
may consider whether all properties should be required to meet a tree density of 0.36
with the exception of city parks, which might be increased to 0.60
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AGENDA ITEM 6.1
MEDINA, WASHINGTON
AGENDA BILL
Tuesday, October 19, 2021
Subject: 2021-2023 Planning Commission Work Plan
Category: Discussion
Staff Contact(s): Stephanie Keyser, AICP, Planning Manager
Summary Every year, in collaboration with Planning Commission and staff, the City Council
adopts a work plan that identifies a set of issues for Planning Commission to advise Council on.
To provide a comprehensive snapshot, the work plan includes tasks that are currently being
worked on, the subsequent issues that will be discussed, and the timing of the City’s next
mandated updates. Where it makes sense, as Planning Commission works through the plan,
related and overlapped topics will be combined to better inform the synthesis of analysis or code
update.
Although adopted yearly, the work plan should be thought of as a dynamic document that can
and will be changed as needed if priorities shift or new legislation requires action by the city. At
the October 11th City Council meeting, the 2021-2023 Planning Commission work plan was
approved. There were no changes from what was presented during the joint meeting in
September.
Attachment(s) 2021-2023 Planning Commission Work Plan
Budget/Fiscal Impact: N/A
Recommendation: N/A
City Manager Approval: N/A
Proposed Council Motion: N/A
Time Estimate: 10 minutes
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AGENDA ITEM 7.1
TASK ORIGIN/RANKING
% Complete Start Due/End Date
FUTURE POLICIES, PLANS & REGULATIONS
Shoreline Master Program (SMP) periodic review - Mandatory Staff/Begin 2026 2026 Next update due 2028
ENVIRONMENTAL/SUSTAINABILITY
Tree Code Regulations
(Limited Scope : Focus on new construction/redevelopment)CC/1 85% Oct. 2020
PC Public Hearing - Oct. 19;
CC Public Hearing - Nov. 8;
CC tentative adoption Dec. 13
Tree Code Enforcement - re: survival of supplemental trees PC, CC/2 Summer 2021 Dec-21
POLICIES, PLANS & REGULATIONS
Permanent Supportive and Transitional Housing Staff/3 Oct./Nov. 2021 Feb-22
Comprehensive Plan Periodic Review - Mandatory Staff, CC/4 Dec. 2021 June 30 2024
BULK REGULATIONS
Alternatives to Original Grade Staff, PC/5 Early 2022 2022
Analysis and strategic review of commuter parking Staff, CC/6 2023 2023
ATTACHMENT
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AGENDA ITEM 8.1
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AGENDA ITEM 7.1
Item Description Requests to Staff Outside experts/
consultants
needed
Deliverable Timing and budget notes
Shoreline Master Program
Period Review
This task involves updating the Shoreline Master Program
(SMP), which manages shoreline resources and development
in Medina, to comply with the Shoreline Management Act,
State Shoreline Master Program Guidelines and best
practices for shoreline protection. Update to ensure
consistency between the SMP and the rest of Medina's Code.
Anticipated start should be no later
than 2026 to meet 2028 deadline.
Yes Update SMP to be compliant with
changes in the laws, rules and
applicable updated guidance that has
been adopted since 2019.
Next mandated upate is
due in 2028. Suggested
start no later than 2026.
ENVIRONMENT
Tree Code Regulations
1. Review tree retention and
replacement requirements for
new single-family
construction (land under
development)
Medina’s sylvan nature is something that distinguishes it
from the surrounding jurisdictions and contributes to its high-
quality residential character. Recent projects have
demonstrated a deficiency in the tree code regarding new
construction. This task would only review the sections of the
tree code that relate to new single-family site
redevelopment.
Staff: The first step will be to examine
the retention and replacement
requirements for lots undergoing
redevelopment.
We will be
utilizing our
existing
consultants to
help with this
The initial deliverable from PC to CC
would be a high-level
recommendation regarding changes
to the retention and replacement
requirement in the tree code for new
single-family development (MMC
20.52.110) and/or the minimum
performance standards for land
under development (MMC
20.52.130).
PC Public Hearing - Oct. 19;
CC Public Hearing - Nov. 8;
CC tentative adoption Dec.
13
2. Review the enforcement
part of the tree code,
specifically as it relates to the
survival of supplemental trees
Although the tree code requires supplemental trees to
survive for five years after planting, there is currently not a
process that oversees this. Coupled with homeowner
turnover, supplemental trees are often unknowningly cut
down (due to their small size) or left to die. This task would
consider ways to ensure the survival and/or tracking of
supplemental trees by examining what other cities do and
ensuring that whatever is proposed can be funded (if
applicable) and enforced.
Staff: The first step will be to examine
how surrounding cities utilize tree
code enforcement.
We will be
utilizing our
existing
consultants to
help with this
The initial deliverable from PC to CC
would be a high-level
recommendation regarding
implementing tree code enforcement
for supplemental trees.
Anticipated PC
recommendation by
December 2021 or January
2022
WA LAW / MANDATORY
Updates to WA Law
3. Permanent supportive and
transitional housing
The legislature has mandated that in every zoning district
where single-family residential is permitted (in Medina that's
every zoning district), cities now must allow permanent
supportive and transitional housing. Although these cannot
be prevented from coming into the city, there are certain
guard rails that the city may adopt to limit potential impacts.
Staff: The scope of what the city can
do is limited, however some cities
have already adopted provisions that
we can similarly consider.
Staff will work
with the city
attorney
The deliverable will be a proposed
amendment to the code that includes
an update to the use table, new
definitions, and additional minor
requirements.
Anticipated
recommendation by
February 2022 at the latest
Periodic Review (Mandatory)
Future Tasks - Mandatory Deadline
Current Working Tasks
ATTACHMENT
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AGENDA ITEM 8.1
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AGENDA ITEM 7.1
4. Comprehensive Plan 2024
Periodic Review
This will be a total update of the existing Comprehensive Plan
and will require coordination between Council, Planning
Commission, Park Board, and residents. The process will
include on-going public participation opportunities and
outreach with the goal of hearing from as many stakeholders
as possible. Comp Plan updates are a lengthy process which
is why we will be starting early.
Staff: This will involve broad reaching
public participation that includes
Medina's residential and non-
residential stakeholders as well as
coordination between Council,
Planning Commission, and Park
Board.
Yes The deliverable will be a user-friendly
document that will include a
community vision statement and
serve as a roadmap for development
in the city over the next twenty years
(there are periodic updates
mandated to the Comp Plan every 8
years).
Comp Plan grants are
anticipated to open up in
the summer of 2022. In the
meantime, the city has
applied for a Housing
Action Plan which will
cover a portion of the
requirements of the Comp
Plan Housing Element. The
Comp Plan is due by June
30, 2024
MISCELLANEOUS
5. Alternatives to Original
Grade
Medina measures height from original grade. This is an
imperfect process that requires a Geotech to take samples of
the earth and analyze them to determine where on the lot
original grade is. Because this is an imperfect science,
different experts can reach different determinations of
original grade. Over the years the conversation of finding an
alternative to original grade has been discussed, most
recently while Planning Commission was discussing bulk. This
work plan item would be a study of the methods surrounding
cities use to measure height by taking previously submitted
applications from lots of varying topographies throughout
the city and determining what the maximum height would
be.
Staff: This would be a study of the
methods surrounding cities use to
measure height. The analysis will
include taking previously submitted
applications from lots of varying
topographies throughout the city and
determining what the maximum
height would be under these
alternative methods.
We will utilize our
existing
consultants to
help with this
The deliverable will be a suggested
update to the method for measuring
height.
Begin early 2022
6. Analysis and strategic
review of commuter parking
This would be a review of the impacts that commuter
parking (both to utilize the 520 park-n-ride and to park-and-
bike) has on surrounding neighborhoods; specifically going
block-by-block to analyze the impacts the increased vehicle
traffic is having on the neighborhoods.
Staff: This analysis would involve
establishing an impacted buffer and
conducting the analysis inside of that
buffer over multiple days/weeks and
multiple times of day
The study itself
would be 100%
consultant driven;
proposed
amendments to
the code once the
study was fnished
would be done by
Planning
Commission
The initial deliverable would be a
study/report outlining the impacts
that commuter parking has on the
surrounding neighborhoods.
Begin 2023 pending
available funding
ATTACHMENT
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AGENDA ITEM 7.1
MEDINA, WASHINGTON
AGENDA BILL
Tuesday, October 19, 2021
Subject: Tree Code Enforcement – Supplemental Trees
Category: Discussion
Staff Contact(s): Stephanie Keyser, AICP, Planning Manager
Summary
In July, Planning Commission received direction from Council to consider the enforcement piece
of the tree code, specifically as it relates to the survival of supplemental tree plantings. Although
the code does require supplemental trees to be healthy for at least five years after planting, there
is currently no mechanism to follow up on their survival.
This memo continues the discussion from September and includes the number of tree permits
the city has received over the past five years, thoughts on deposits vs. bonds, access and
monitoring, a recommendation on supplemental tree identification, and the city examples from
last month.
Attachment(s) Tree Code Enforcement – Supplemental Trees
Budget/Fiscal Impact: N/A
Recommendation: N/A
City Manager Approval: N/A
Proposed Commission Motion: N/A
Time Estimate: 30 minutes
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AGENDA ITEM 7.2
CITY OF MEDINA
501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144
TELEPHONE 425-233-6400 | www.medina-wa.gov
MEMORANDUM
DATE: October 19, 2021
TO: Medina Planning Commission
FROM: Stephanie Keyser, AICP, Planning Manager
RE: Tree Code Enforcement – Supplemental Trees
In July, Planning Commission received direction from Council to consider the enforcement piece
of the tree code, specifically as it relates to the survival of supplemental tree plantings. Although
the code does require supplemental trees to be healthy for at least five years after planting, there is
currently no mechanism to follow up on their survival.
Potential problems include:
How to determine which trees on site are supplemental so that the city can be sure those
trees are surviving? As built? Tags?
How to ensure future property owners know what trees on site are supplemental and need
to be retained? Notice on title?
How to ensure the city can gain access to the property to ensure and enforce the survival
requirements? Gaining access to properties has been challenging as the city has had to
implement a new stormwater management system this past year.
How to administer and enforce such a program? Will this require an additional full -time
employee? Will this require the hiring of a consultant?
Potential solutions that have been discussed include:
Require an as-built once construction has been completed but before the project is
finalized, that identifies all supplemental trees by species and location.
Require as-builts to be recorded on title with an agreement and acknowledgement that the
trees need to be retained so that all future owners are aware of this
Educational outreach to residents of new program requirements
Increase the permit fee and/or require a deposit that will cover the cost of the city having
to administer this program
Total Tree Permits
At the September meeting, it was asked for Staff to return with the number of tree permits that the
city has received/issued over the past few years. There are six different kinds of permits: tree
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AGENDA ITEM 7.2
administrative right-of-way removal; tree non-administrative right-of-way removal; hazard tree
removal; tree performance; tree restoration; tree with building/development. The table below
includes the permits from 2016 to October 13, 2021. Incomplete or withdrawn applications have
not been included.
Year # of Tree Permits
2021 56 (as of 10/13/2021)
2020 81
2019 80
2018 45
2017 58
2016 57
Deposit vs. Bond
Although most cities accepted both a deposit and a bond in the examples we looked at in
September, if we are having the city arborist continue to do billable work for five years after a
project is finaled, it seems that a deposit would be the appropriate mechanism.
Access and Monitoring
This is a reminder that whatever enforcement or monitoring system is established, it will be
effective for future tree permits. This means that whenever someone comes in for a pre-application
meeting, or when the city arborist meets with a property owner on site, those are opportunities to
reenforce the educational piece. Making applicants aware of a monitoring-for-survival program
will hopefully help with compliance.
We have discussed the city sending a staff member to inspect the supplemental tree(s) after the
project is completed. Another option could be to allow homeowners to ‘recertify’ themselves by
submitting a mini arborist report with pictures (if this is offered the city should create its own
form/template). It should be discussed if it is appropriate to allow this for the entire monitoring
period. For example, if we decide to require recertification in years 1, 3 and 5, perhaps allowing a
homeowner to submit the certification themselves during years 1 and 3, however making it a
requirement that staff confirms survival in the last year.
The actual logistics of setting up a monitoring program are beyond Planning Commission’s
authority. However, the easiest way to track something like this would be in our permitting system
and would be similar to the report for expiring permits. Due dates can be established, monthly
reports can be run, and reminder letters and emails can be sent.
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AGENDA ITEM 7.2
Supplemental Tree Identification
To help move the conversation along, staff recommends the following be included in the
recommendation package:
Mapping Platform
The city should invest in a platform that will enable staff to map the trees on site when a tree permit
is submitted. A broad benefit of a tool like this would be the beginning of a parcel-by-parcel
comprehensive tracking of the tree activity in the city. This would not only include the
supplemental trees, but we would be able to identify those lots that had Legacy and Landmark
trees rather than just speculating. This information would be valuable for staff to relay to the public
when a property went on the market. In addition to requiring a notice on title, letting a realtor or
potential buyer know up front that a site has supplemental trees that must survive and then being
able to print out a map that shows them where they are located would be beneficial.
Notice on Title
The city should require applicants put a notice on title for the supplemental trees. This is the only
way to truly ensure that if a property changes owners, that the new owner will at least be made
aware that certain trees on their new property cannot be removed or let die.
Tree Tags
As part of the final inspection, the city arborist should attach a tag onto the supplemental trees (if
applicable). This will be an identifier for staff during the monitoring period as well as the
homeowner.
Examples
These are the same examples that were in September’s packet.
City of Duval
Maintenance.
A. Any existing retained tree or supplemental tree shown on an approved tree retention plan,
and any other tree required by the City to be planted, shall be maintained in healthy
condition by the property owner or homeowners association for a period of five (5) years
following issuance of the certificate of occupancy for the individual lot or development.
After five (5) years, all trees on the property are subject to DMC 14.40.030.
1. Trees shall be monitored and maintained for a period of five (5) years to ensure that
retained trees were not compromised by adjacent development and that supplemental,
replacement, and transplanted trees are surviving. The director may extent the monitoring
and maintenance period beyond five (5) years if determined necessary to ensure
successful establishment of supplemental and replacement trees.
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2. During years 1, 3, and 5 of the monitoring period, trees shall be monitored by a qualified
arborist and reports submitted to the City that verify the health of all trees on the
approved tree retention plan.
3. Any tree found to be dead or dying shall be replaced by tree(s) that, at minimum, replace
the tree’s density credit.
4. Any tree found to be unhealthy shall be assessed for opportunity for preventative
measures to improve tree health, and shall be identified for additional review in future
years of the monitoring period. Reasonable preventative measures to improve tree health,
as recommended by a qualified professional arborist, shall be implemented as annual
maintenance. For trees found to be unhealthy in year 5 of the monitoring period, the
director may require additional supplemental planting based on review of monitoring
information submitted by the property owner / home owner’s association.
B. Maintenance Bond for New Development Sites. A maintenance bond, cash deposit, or
other security in a form acceptable to the City attorney covering ten (10) percent of the
cost of the performance assurance bond amount established for all site landscaping per
DMC Chapter 14.38, shall be in place prior to the release of a performance bond and shall
be required to be held by the City for five years following issuance of building occupancy
permit for the development site.
1. The director is authorized to notify the owner of any property upon which trees were
retained or supplemental trees were planted as a condition of approval under this chapter
that trees are not being adequately maintained, and the specific nature of such failure to
maintain. The notice shall specify a date by which the property owner shall be expected
to comply.
2. Upon the failure to perform the required maintenance within the date specified by the
notice, the director is authorized to collect funds under the maintenance bond or other
security, and cause the required maintenance to be completed.
3. When funds have not been set aside or the performance assurance has expired, the
director is authorized to request the city attorney to institute legal action to recover the
cost of the required maintenance, and upon receipt of the funds to cause the maintenance
to be done.
4. Maintenance as used in this section includes replacement of dead, diseased or damaged
trees, preventative measures to improve health of unhealthy trees, and repair of irrigation
systems.
5. In subdivisions or site plans where the right-of-way contains retained or supplemental
trees, the adjacent property owner, homeowner's association or like mechanism, is
required to maintain that landscaping. Such requirement shall be noted on the face of the
plat or site plan. If there are such requirements that are maintained by an organization
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other than the adjacent homeowner, or if there are common areas on a property, a
homeowner's association is required.
C. Cutting and Pruning.
1. Protected trees shall not be topped; any tree topping shall result in requirements for
replacement tree(s) and fines, as determined consistent with 14.40.100 and review of the
tree topping activity by the director.
2. Street trees, on all public streets, shall be cut or pruned only under the supervision of, or
with the approval of, the city of Duvall public works department.
3. Pruning and maintenance of protected trees shall be consistent with best management
practices in the field of arboriculture and further the long-term health of the tree.
City of Redmond
Performance Assurance.
To mitigate damages should they occur as a result of unauthorized tree removal, the applicant
shall submit a bond, letter of credit or other means of assurance acceptable to the Administrator.
The following provisions shall apply to such performance assurance:
(1) Tree Protection Assurance. The applicant shall post a performance bond or other acceptable
security device to ensure the installation, maintenance and adequate performance of tree
protection measures. The amount of this bond shall equal 150 percent of the City’s estimated
cost of replacing each protected tree. The estimated cost per tree shall be the tree base fee
established by City Council. Prior to issuance of the certificate of occupancy, any protected tree
found to be irreparably damaged, severely stressed or dying shall be replaced according to the
standards identified under RCDG 20D.80.20-130(1), Remediation. The bonding period shall be
five years. The Administrator may release all or part of the bond prior to the conclusion of the
bonding period if the applicant demonstrates that the requirements of this section have been
satisfied and there is evidence that the protected trees will survive.
(2) Tree Maintenance Assurance. Where replacement trees are required pursuant to this
section, the applicant shall post a replacement tree maintenance bond or other acceptable security
device to ensure the survival of replacement trees. The amount of the maintenance bond shall
equal 150 percent the cost of plant material, periodic fertilizing and pruning, and labor until tree
survival is ensured. Where possible, the bond may be combined with the landscape maintenance
bond, required by Chapter 20D.80.10 RCDG, Landscaping and Natural Screening, which shall
include a security covering 10 percent of the cost of the remaining plant materials. In the event a
required replacement tree becomes irreparably damaged, severely stressed or dies, the tree shall
be replaced according to the standards in RCDG 20D.80.20-080, Tree Replacement.
Replacement trees damaged due to natural disasters such as wind storms, hail, ice or snow
storms, earthquakes and the like shall be exempt from replacement. The bonding period shall be
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three years. The Administrator may release all or part of the bond prior to the conclusion of the
bonding period if the applicant demonstrates that the requirements of this section have been
satisfied and there is evidence that the replacement trees will survive.
(3) The required assurances shall be submitted prior to issuance of a tree removal permit.
(4) The applicant shall provide an estimate of the costs associated with the required
performance bond or other security as described above. In lieu of an applicant’s estimate, the
performance assurance shall be equal to City Staff’s best estimate of possible costs to meet the
above requirements. In no case shall the performance assurance exceed an amount equal to two
and one-half times the current cost of replacing the plants in accordance with RCDG 20D.80.20-
080, Tree Replacement.
(5) The performance assurances shall not be fully released without final inspection and
approval of completed work by the City, submittal of any post-construction evaluations or
following any prescribed trial maintenance period required in the permit.
(6) Performance assurances provided in accordance with this section may be redeemed in
whole or in part by the City of Redmond upon determination by the Administrator that the
applicant has failed to fully comply with approved plans and/or conditions.
City of Issaquah
Maintenance – Landscape bond required and tree maintenance.
A. Landscape Bond Required and Procedures:
1. All landscapes need to be maintained in a safe, healthy and attractive manner in perpetuity.
All existing landscapes within the City shall also be kept weed and litter free and the plant
material shall be maintained in good growing condition. The property owner shall replace any
unhealthy or dead plant materials in conformance with the approved landscape plans and shall
maintain all landscape material. The property owner is the responsible entity to ensure the
landscaping is maintained in an appropriate manner, regardless of any second party landscape
maintenance agreements.
2. To insure that all plant material used in landscapes shall be maintained in a healthy growing
condition, a cash deposit or other acceptable security worth fifty (50) percent of the value of the
landscaped plant material, cost of labor, irrigation and materials shall be posted with the City
prior to receipt of a temporary or final Certificate of Occupancy. The cash deposit will be
returned in three (3) years if the plants remain in a healthy growing condition and have achieved
full coverage (replacement of all plants will not be required if full coverage has been met). The
Planning Director/Manager may accept other suitable security as permitted in Chapter 18.04
IMC, Procedures.
3. If any portion of the required landscaping dies within three (3) years, the City shall notify
the property owner, in writing, and require replacement within sixty (60) days. If the landscape is
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not replaced within the specified time period, the City may use whatever portion of the deposit is
needed to replace the dead landscaping. The City may use either City employees or private
contractors to replace the landscaping, and may assess the property owner all actual costs against
the deposit, if it is sufficient. An additional three (3) year cash deposit or other security device at
fifty (50) percent of the value of the landscaping may be required at the discretion of the
Planning Director/Manager if a significant amount of the plants need to be replaced.
4. Regular maintenance procedures shall be as follows:
a. Litter pickup;
b. Mowing turf;
c. Edging turf;
d. Weeding planting beds;
e. Sweeping;
f. Irrigation;
g. Fertilization as needed per manufacturer’s specifications to keep plants healthy and
actively growing;
h. All mulches used in planter beds shall be kept at least six (6) inches away from the
crown of shrubs and trees;
i. Pruning to required heights and widths; and
j. Pest and disease control (all chemical products and application methods shall be
approved by the City Parks Department).
5. It is recognized that these procedures may vary due to weather conditions, seasonal events,
etc. The above guidelines are to serve as a standard for normal maintenance operations.
B. Tree Maintenance: The following regulations shall apply to all significant and protected
trees. The City Arborist is authorized to make adjustments to the standards and requirements on a
case-by-case basis using best professional judgment.
1. An irrigation method, approved by the City, shall be provided to all newly planted protected
trees through an establishment period.
2. All pruning shall be done to the most recent ANSI standards (A300-1995 and Z133.1-1994).
Canopy raising, canopy cleaning, and canopy thinning as defined in IMC 18.12.030, Definitions,
are permitted; provided, that they do not meet the definition of excessive pruning in IMC
18.12.030, Definitions. No permit shall be required for maintenance pruning.
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3. Tree topping is prohibited, except under the following circumstances:
a. Branches interfering with utility lines.
b. Significant canopy dieback has occurred.
c. Storm damage or prior incorrect pruning requires correction.
If illegal tree topping has occurred, the property owner shall have a certified arborist develop and
implement a five (5) year pruning schedule in addition to monetary fines and required tree
replacement.
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