The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 0909AN ORDINANCEiii s O THE CITY OF ! ! # REPEALING THE r TREE,. : r : OF THE MEDINA MUNICIPAL CODE (MMC); RE -ADOPTING AND AMENDING THE MEDINA TREE CODE IN CHAPTER 20.52 MMC; ADOPTING A CITY OF MEDINA LIST OF SUITABLE TREE SPECIES; AMENDING MONETARY PENALTIES FOR CODE VIOLATIONS IN MMC 1.15.330- AND AMENDING OTHER SECTIONS OF THE MEDINA MUNICIPA� CODE FOR CONSISTENCY WITH THE AMENDED Or 11 ` - - City of -• -d as a non -charter Revised Code of Washington (RCW); and i WHEREAS, Ordinance No. 378, adopted on August 9, 1982, established regu�atjo governing the removal and trimming of trees in the right-of-way; and i 'M 1HEREAS, subsequent amendments to Ordinance No, 378 governing trees and vegetation within the City boundaries have been adopted, including Ordinance Nos, 406, 471, pursuant to the GrowthManagement chapter ` «A RCW, the CouncilCity adopted the City of aina Comprehensiveas Plan, de s .Ordinance 783, passed March 14, 2005;and Community- a a. ! to retain Medina'sdistinctive aI informal neighborhood development +•- •. • WHEREAS, following written public comments, the city council discussed at their Ap 23 a June 12, 2012,-- • desire to amend the Medina Tree Code, Chapter 12w a WHEREAS, at _ city council_ 12, 2012 phase one/ phase two process approach to amend and update the Medina Tree Code,, and I council WHEREAS, the approved a scope of a for phase one - • - to the Medina Tree Code and placed on the planning commission's work program a scope of work that focused on changes that did not significantly alter the existing public policy of preserving significant trees while allowing flexibility to remove such trees; and WHEREAS, the council• • not approve a scopeof a for phase two amendments a the Medina Tree Code at the June 12, 201�2 meeting, but agreed that phase two amendments might focus on the tree replacement plantings and the requirements for contributions to the Medina Tree Fund in lieu of replacement plantings; and WHEREAS�.. planning commission . meetings considered amendments to the Medina approved scope of work� and after allowing recommendation to the city council;and theirFebruary• March 25, 2014, i•- consistent• public•mments voted to forward Ordinance No. 909 Page I of 29 WHEREAS, pursuant to RCW 36.70A. 106, a notice of intent to adopt was transmitted the Washington State Department of Commerce on April 2, 2014, and i WHEREAS, the city council received the planning commission's recommendation at their April 14, 2014 meeting and scheduled a public hearing and during the general comment portion of the meeting members of the public remarked on the planning commission's recommendation, and WHEREAS, a State Environmental Policy Act (SEPA) threshold Determination of Nonsignificance (DNS) for the proposed code amendment was issued on April 28, 2014, pursuant to WAC 197-11-340(2)-, and WHEREAS, public notice for a public hearing was published in The Seattle Times newspaper on April 28, 2014, and was posted at the City's notice boards and on the City's website; and WHEREAS, the city council held a public hearing on May 12, 2014, and received public testimony on the proposed amendments; and TIAEREAS, public testimony at the public hearing focused on concerns relating to t requirements for tree replacement plantings and the requirements for contributions to t Medina Tree Fund in lieu of replacement plantings (collectively, mitigation requirements), whi was outside of the scope of the proposed code amendments, and I A. A SEPA threshold Determination of Nonsignificance was issued on April 28, 2014, and that the proposal (the proposed code amendment) would not have a probable significant adverse impact on the environment. O'ER C. The city reviewed the proposed code amendment for consistency with the Medina Comprehensive Plan. The amendment does not alter the community design goal to retain Medina's distinct and informal neighborhood development pattern. it is consistent with the goals and policies of the Medina 'Comprehensive Plan in that it preserves the community's informal and natural character. D. The proposed code amendment bears a substantial relation to the public health, safety and welfare� The amendment will consolidate the tree code with other development regulations and will rei-organize and clarify the existing patchwork of regulations, The amendment will provide new credits for recently planted trees, Ordinance No. 909 Page 2 of 29 create an exemption from the tree code for dead trees, add new procedures for emergency tree removal, provide clear directions on the methods for applying various regulations, and simplify the list of significant tree species by consolidating the list into one document. These changes continue to support the current public policy of preserving significant trees while allowing the public a clearer and more predictable understanding of the regulations. E, The proposed amendments advance the public interest of the community by providing clearer, more consistent regulations and by consolidating the regulations with the Unified Development Code. The amendments are consistent with the limited scope of work approved by the city council, which intended to limit changes altering the public policy supporting the current Medina Tree Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repeal Chapter 12.28. Chapter 12.28 of the Medina Municipal Code is hereby repealed in its entirety. Section 2. Adoption of Chapter 20.62. A new Chapter 20,52 of the Medina Municipal Code is hereby adopted as set forth in "Attachment A" of this ordinance. Section 3. Adoption of List of Suitable Trees. A new "City of Medina List of Suitable Tree Species" is adopted as set forth in "Attachment B" of this ordinance. Section 4. Amend Section 1.15.330. Section 1,15,330 of the Medina Municipal Code is hereby amended to read as follows: A. Monetary penalties for a citation shall be in accordance with Table 1. 15.330: 99MIMI, Third and First Second Subsequent Code Provision Violation Violation Violations Exceeding noise standards $100 $200 $500 Failure to comply with code of conduct or construction mitigation plan $100 $400 $750 Failure to comply with erosion control measures and best management practices $100 $200 $500 Failure to comply with a stop work order $300 $750 $1,500 Failure to obtain a tree removal permit $((4-W))100 $((400))500 $750 Failure to obtain and/or comply with a right -of- way permit $100 $400 $750 Ordinance No, 909 Page 3 of 29 R Monetary penalties for a notice of violation shall be as follows: 1 - First day of each violation, $100.00; 2. Second day of each violation, $200.00; 3. Third dav of each violation, $300,00; 4. Fourth day of each violation, $400.00; 5. Each additional day of violation beyond four days, $500.00 per day, C. Violations involving the tree r��gulatjons set forth in chapter 20.52 IVIMQ and the shoreline master program s et forth in chapters 20.60 through 20.67 MMQ shall have the monetar penaltig§_prescribed by_this section assessed on a per tree basis. Section 5. Amend Section 20.12.020. Section 20,12,020 of the Medina Municipal Code is hereby amended to read as follows: "AIIISI" means the American National Standards institute. V-110 EMI-Im- ORREE tff.m Lk NIALWAIIALAKWUH 0 WTAUS BVIIIII-01 _Fj- - - Or-ganization and is an ISA Certified Arbori,;t. The city arborist is responsible for evalu.atinq trees according to the International Sogjqty_pf Arboriculture in evaluatinq hazardous trees in urban areas, Section 6. Amend Section 20,12.040. Section 20,12.040 of the Medina Municip Code is hereby amended to read as follows: I "Caliper, tree" means synon yrn for trunk diameter used to measure the size of nursery trees. Caliper measurement of the trunk is taken six inches above the ground uo to and including four - inch caliper size. If the caliper at six inches above the ground exceeds four inches, -the caliper is measured at 12 inches above the _qround. "Clearing" means cutting, grubbing-gr removing vegetation or other oLagnic-plant material by physical, mechanical, chemical or anv other similar means. For the purpose of this definition of nk or stem of woody vegetation at any point. "Coniferous trees" means those trees that are called evergreen, have needles, or scales for leaves, and bear seeds in protective cones. This includes conifer trees that lose their needles in the fall. Section 7. Amend Section 20.12.050. Section 20,12.050 of the Medina Municipal Code is hereby amended to read as follows: "Deciduous trees" means perennial trees that lose all of their leaves at one time of the year. "Diameter of replacement tree" means the replacement tree diameter using caliper as the measurement. MultHrunk trees shall be measured by takinq one-half,the caliper of up to the three laEgest trunks and summing them. Ordinance No. 909 Page 4 of 29 "Diameter breast height or DBH" means the diameter measurement in inches of the outside bark of a tree trunk, measured at four and one-half feet above the surrounding existing ground surface. The vertical measurement is taken at the mid -slope of the surrounding ground surface, The DBH for multi -trunk trees forKLn_q below the • and one-half foot mark is delpfMiagq_•y measuring the diameter of the tree trunk at the narrowest 2gELof the main stem below the tree fork. The DBH for multi -trunk trees splitting at gL(Lund level is determined by taking the square root of the sum of all sguared stem caliper. Section 8. Amend Section 20,12.080, Section 20,12.080 of the Medina Municipal Code is hereby amended to read as follows: ?J UIRE610 I MAI Section 9. Amend Section 20,12.090. Section 20.12.090 of the Medina Municipal Code is hereby amended to read as follows: "Hazard tree" means a tree designated by the city arborist as havina an 11 or 12 risk threshold ratina usina the International Society of Arborists Tree Risk Assessment in Urban Areas and Urban/Rural Interface Course & ExamineTRACEsystem, A hazard tree must have a significant p9tential to fail and a target that might sustain injury or damage. Hazard trees are created through a variety of circumstances including human influences, disease, and weather. Section 10. Amend Section 20.12.130. Section 20.12.130 of the Medina Municipal Code is hereby amended to read as • "Land alteration" means any movement or modification of more than 25 cubic yards of earth material on any site. Section 11, Amend Section 20.12.140. Section 20.12,140 of the Medina Municipal Code is hereby amended to read as follows: MIME EXI MENMI99RI We Section 12. Amend Section 20.12.170. Section 20.12.170 of the Medina Municipal Code is hereby amended to read as follows: "Plantable area, right-of-way" means the pervious surface portion of thesift's street right�-pL- way located between the street surface pdge and the adjoining property line. The plantable area also includes the area of an Lplanfinq strip between the existing sidewalk or pathwav an the gdg�e.of the street� The plantable area excludes the sidewalk and driveways. Ordinance No. 909 Page 5 of 29 "Pruning" means the selective removal of branches and or trunks follo�A�ANSI standards for §Af-e-ty, heajth.- structure, shape, and aesthetics, This definition includes trimming. Except where approved by the city arbonst to reduce a hazard, pruning shall be consistent with one of the followio_q methods� 1 . Clean: Cleanina a tree shall consist of Druninq to remove one or more non-beneficivl vq� RE.MoleramMino MINES �UiE OF lim - GOW M01 I Mile 0 9 Orem= men Walusel!JU "'Pruning, hazard" means removing hazardous branches throughout a canopy, or in a clearly specified area of the cgDopy, where safety considerations are paramount, Such branches may be broken, exceedingly weighted, or cracke!, Section 13. Amend Section 20.12.190. Section 20,12.190 of the Medina Municipal Code is hereby amended to read as follows: NMI 149=0JIMMEW-ONAMINUSIUM 11 W- i�� reasonably be expected to kill the tree, "Replacement tree" means a coniferous or deciduous tree Muired by the city to be planted as replacement for an existing tree proposed for removal, Section 14. Amend Section 20.12.200, Section 20,12,200 of the Medina Municipal Code is hereby amended to read as follows: "Significant tree" means a tree of a size ands ecies as identified in chapter 20.52 MMC. Section 15. Amend Section 20.12.210. Section 20.12,210 of the Medina Municip Code is hereby amended to read as follows: I "Ta[get" when used for assessing hazard trees means peoplp_,property or activities that could be in'ured, damaged, or disrupted by a tree, In evaluating the likelihood of impacting a taEget, the occupgDo rate of the target and any factors that could affect the fa:iled tree as it falls towards the taLget shall be used in determihjnq the likelihood of impact. Ordinance No. 909 Page 6 of 29 "Tree" means a self-supportipg woody perennial plant, excludinq a bush or shrub, "Tree protection zonet means area identified by the,director in which no soil disturbances is permitted and activities are restricted. "Tree, right-of-way" means a tree with at least two-thirds of its trunk diameter on public,right-of- "Tree species" means qroup of trees that resemble e2-e4: otter closeiv atd isterWri-c-il frpt-fv more than two years old at an indiscriminate location. Section 16. Amend Section 20.12.230. Section 20.12.230 of the Medina Municipal Code is hereby amended to read as follows: "Vegetative cover" is defined as all ve station includin the round sever la er shrubs and trees. Section 17. Amend Section 20,70.050. Section 20.70.050 of the Medina Municip Code is hereby amended to read as followsI W4W .1 MAWIM Islam 9- -W W M- 01 F11 M-i M*R a in so Section 18. Amend Section 20.71.050. Section 20.71.050 of the Medina Municipal Code is hereby amended to read as follows: B. Applicant, ((Any)) Only owners enumerated in MMG 20.52.050(B)(1) may submit application for an administrative right-of-way tree trim m ing/remova I permit(( , swk;—^44 4 limitatie J-1 I- - Ordinance No. 909 Page 7 of 29 Section 19. Amend Section 20.72.090. Section 20,72.090 of the Medina Municipal Code is hereby amended to read as follows: B. Applicant, Any owner, or any public or private agencies with authority to ((use)) operate within the city right-of-way((T)) or their authorized agents who have written Ordinance No. 909 Page 8 of 29 Ordinance No. 909 Page 9 of 29 Section 20. Amend Section 20.72,100, Section 20,72,100 of the Medina Municipal Code is hereby amended to read as follows: Section 21. Authorization to make clerical corrections. The City Manager or designee is authorized to make necessary clerical corrections to this ordinance including, but • limited • the correction • scrivener's errors, references, ordinance numbering, • subsection numbers and any internal cross-references thereto, provided such corrections are • Section 22. Effective Date. This ordinance shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. . I I 1W I I F-AXIMISIM111 sm-glo]ZI&I nvynwelmlljjlmgliJ�� Approved as to form: WEL Mayor Michael Luis Attest: Aimee Kellerman, city Clerk Ordinance No. 908 Page 10 of 29 ATTACHMENT A Chapter 20.52 Tree aTd V fItaIILAIIb-Tu?: I :::: 1 -0 t 11W x Sections: 20.52.010 Purpose. 20-52.020 Applicability. 20.52.025 Using this chapter, 20.52.030 Exemptions. 20.52.040 Liability. 20.5Z050 Tree Removal Permits. 20.52,060 Notice of tree removal involving no construction. 20.5Z070 Tree removal and replacement plan. 20,52.080 Designation of significant tree specle& 20.52.090 Tree replacement requirements. 20�52,1 00 City tree arborist established, 20.5Z 110 Hazard tree risk assessment, 2052120 Tree protection measures during construction. W52.130 Owner responsibility within city rights -of -way, 20i52,140 Planting requirements within a right-of-way. fOi52.150 Other general provisions, 0-10.52160 Lots 12,000 square feet or less. Ordinance No. 909 Page 11 of 29 ATTACHMENT A 20.52.020 Applicability. A. No person or their representative, directly or indirectly, shall remove or destroy trees located within the jurisdictional boundaries of the city except as provided for in accordance with this chapter. B. Additional tree and vegetation management requirements are set forth in the Medina Shoreline Master Program as provided in MMC 20,66,050. This section offers a user's guide shown in Diagram 20.52.025 that outlines the process for applying the provisions • this chapter to trees. Ordinance No. 909 Page 12 of 29 ATTACHMENT A Diagram 20.52.025* See Section 20-52.030 No N j o Is the tree in a city right-of-way? No Is the tree a significant species? See Section 20.52.080 FY'eF I Yes I w- Is the tree being removed or pruned? Removed Pruned -------- Is the tree a sigrifficant species? See Section 20,52,080 F Yesl N7o Was the tree rated a hazard by the city arborist? Ye See Section 20,52110 ENo j What is the tr e's DBH? See Section 20.12,050 Is a tree permit required? Ei: See Section 20.52,050 E:Yes! tree replacement requirements See Section 20.52,090 1 - Prepare tree removal and replacement plan See 20.52,070 permit application Submit tree n am - *See MMC 20.66,050 for additional vegetation management requirements applicable to the ihorefine area, Ordinance No. 909 Page 13 of 29 ATTACHMENT A 11 OEM :ill Ordinance No. 909 Page 14 of 29 ATTACHMENT A Property owners removing a significant tree species requiring a permit under IVIIVIC 20,52,050, but not undergoing new construction or land alteration activity, shall notify the City at least 10 days prior to the date the tree will be removed, R All property owners removing a tree that does not require a permit under MIVIC 20.52.050 are encouraged, but not required to� notify the City of the tree removal at least 48 hours prior . the tree being removed. 20-52-070 Tree removal and replacement plan. • A. Permits required under IVIIVIC 20.52,050 shall include a tree removal and replacement pill containing the following informatiom 1. A survey plan prepared • a state of Washington licensed surveyor that includes t following a. The location, genusi common name, and size of all significant trees located •.- t property and within adjoining street rights -of -way and/ or private lane ease�eni; Ordinance No. 909 Page 15 of 29 ATTACHMENT A 4XIII Ili lop 11111111111 11111111 111111111 11, 1 - . I . . — --- — ---------- 41 0 Ordinance No. 909 Page 16 of 29 ATTACHMENT A Non -hazard trees shall be preserved unless replacement trees are planted in accordance wi the requirements set forth in this section. A. Tree replacement ratio. the following tables set forth the tree replacement ratio used calculate the number of replacement trees required for the particular listed conditio associated with each tree being renI 1; Trees located on private property, including state highway right-of-way, involving development or land alteration shall have the tree replacement ratio assessed pursu to Table 20,52.090(A)(1): I Significant/ Non- Tree significant Tree Species Size of Tree, (DBH) Replacement Ratio Non-si nifcant. All None Less than 20 inches None Significant 20inches toless than 125% 36 inches 36 inches and ]a er 200% 2. Trees located on private property, including state highway right-of-way, that is under development or involves land alteration shall have the tree replacement ratio assessed pursuant to Table 20,52.090(A)(2): Tree Location Significant/ Non- Tree significant Tree Species Size of Tree (DBH) Replacement Ratio Within Building Non-si nificnt _ All None Footprint Significant Less than 36 inches None -0 — 36 inches and larger 2 d Non -significant All None Less than 10 inches None Outside Building 10 inches to less than 100% Footprint Significant — 20inches 20 inches to less than 125% 36inches 36 inches and jarger 200% The requirements set forth in this table shall also apply to trees under this subsection that are removed within two years prior to submittal of any construction permits and two years after development and/ or land alteration is completed. 3. Trees located anywhere within an open or closed City right-of-way shall have the tr&; replacement ratio assessed pursuant to Table 20.52.090(A)(3): Ordinance No. 909 Page 17 of 29 ATTACHMENT A 111117MI Irlym Significant/ Non- Size of Tree (DBH) Tree Replacement snificant Tree Species Ratio All Less than iO -inches -None 10 inches to less than 20inches 30% Non -significant 20 inches to less than Winches 45% 36 inches and laMer 60% 10 inches to less than 20inches 100% Significant 20 inches to less than Winches 125% 36 inches and lar er 200% ?4 inch 30 tree replacement inches/ 3-inch caliper trees = 10 replacement trees Ordinance No, 999 Page 18 of 29 ATTACHMENT A Multiple trees: IN In A FA N DBH = 24 inch OB H = 12 2 inch 1 24 DBH inches X 125% = 30 tree replacement inches 42 total tree replacement inches 42 toU tree replacement inches/ 3-inch caliper trees = 14 replacement trees Ordinance No. 909 Page 19 of 29 ATTACHMENT A 2. The tree being used for credit was planted within the preceding 24 months to the submittal of an application for a tree removal permit; 3, The tree being used for -• is located • the same property as the tree being removed; and 4. The size of the tree being used for credit has a caliper of at least three inches, '-I. Replacement trees shall not be required where the city arborist assesses the tree as a • tree pursuant to IVIIVIC 20.52110. The director shall appoint a person to the position of city arborist who shall be assigned responsibility for evaluating the hazardousness of trees consistent with the requirements of this chapter, 10 Mill N E Ordinance No. 900 Page 20 of 29 ATTACHMENT A L--.!Rati U1111100 Low I point R Ease Z 0 Table 20.52.110(E) - Size of Defective Part • General Description 1 poan 4 inches diameter Z_ppints Branches or stems between 4 inches to 20 inches diameter 3 points Branches or stems qreater than 20 inches diameter 'V�W= General Descri )tion Low Defect is not likely to lead to imminent failure, and no further action —is I point re uired, oderate One or more defects areas well established, but typically do not lead to 2 points failure for several years. Moderately High One or more defects are well established, but not deemed a high 3 points priority issue, The city arborist may feel the problems are not serious eno gh to warrant immediate action.— High J The defect is serious, imminent failure is likely, and corrective action is 4 points required immediately. The tree requires within the next few days or weeks treatment, Extreme The tree or component part is already failing, The tree requires 5 points treatment todav, F. After gathering all of the relevant information, the city arborist applies the tables in MM 2052-11 O(E) and assigns a point score for each category, The tree's points from the tar rating, the size of defective part, and the likelihood of failure are added together to createg] Ordinance No. 909 Page 21 of 29 ATTACHMENT A overall risk threshold rating for the tree that is used to determine if the tree is designated a hazard tree pursuant to MMC 20.52.11 O(B). G. Where the city arborist finds a tree to have a high risk threshold rating of 9 or 10 points, the director may authorize hazard pruning consistent with ANSI, AUnless authorized by this chapter, no person shall in any public area of the City, break, injure, mutilate, kill, destroy, prune or remove any tree; permit any animal under his or her control to do so; permit any fire to injure any portion of any tree; permit any toxic chemical to seep, drain, or be emptied on or about any tree. B. 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. Ordinance No. 909 Page 22 of 29 ATTACHMENT A CAll 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. D. No hazardous or destructive tree species shall be planted in the city rights -of -way. The City shall maintain a list of trees that are acceptable to be planted in City rights -of -way, EThe requirements of this subsection 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 • manner, F. For the purpose of this chapter, an owner shall be considered adjoining to the centerline of the public right-of-way. 0— 0a • 0— a•Z Ordinance No. 909 Page 23 of 29 Ordinance No. 909 Page 24 of 29 Draft Ordinance ATTACHME"UT T CITY OF MEDINA LISTS OF SUITABLE TREE SPECIES MM 1 . Pacific or Western Flowering Dogwood — Cornus nuttallii Z Vine Maple — Acer circinaturn 3Red Alder — AlnUs rubra 4Western Hazelnut - Corylus cornuta 5, Narrow -leaved Cherry — Prunus emarginata var, mollis & Oregon Ash — Fraxinus latifolia The following tree species are eligible as replacement credit on private property, Cultivars with genetic contents from the trees listed may also count as replacement credit if approved by the City, Trees shall be planted to ensure adequate root zones and spacing, 1 ;;lll 111 111& mmm I. Lawson Cypress — Chamaecyparis lawsonjana 2. Alaska Yellow Cedar — Chamaecyparis nootkatensia 3. Western Red Cedar — Thuia plicata 4Douglas Fir — Pseudotsuga menziesil 5. Grand Fir — Abies grandis 6. Mountain Hemlock — Tsuga mertansiana 7. Western Hemlock — Tsuga heterophylia 8. Shore Pine — Pinus contorta var contorta 9Western White Pine — Pinus monticola 10. Western Larch — Lanx occidentalis 1. Moss Cypress — Chamaecyparis pisifera 2. SM00th-barked Arizona Cypress — Cupressus glab 3. Atlas Cedar/ Cedar of 'Lebanon — Cedrus libani .1 ,. Deodar Cedar — Cedrus deodara Ordinance No, 909 Page 25 of 29 ATTACHMENT B 5. Incense Cedar — Calocedrus clecurrens i,. Spanish Fir — Abies pinsapo 7. White Fir — Abies concolor T,. Canadian Hemlock — Tsuga candadensis d1i. Austrian Black Pine — Pinus nigra 10. Japanese Black Pine — Pinus thunbergii 11. Japanese Red Pine — Pinus densiflora 12. Japanese Yew — Taxus cuspidate 13. English Yew — Taxus baccata 14. Ehgllsh-Japanese Yew — Taxus x media 15. European Larch — Larix decidua 16. Japanese Cryptomeria — Cryptomeria japonica 17, Serbian Spruce — Picea omorika 18. Umbrella Pine — Sciadopitys verticillata 1 - Pacific or Western Flowering Dogwood -- Comus nutta!IIL' 2Vine Maple --Acer circinatum 3. Red Alder --Alnus rubra 4, Western Hazelnut -- Corylus cornuta 5, Oregon Ash -- Fraxinus latifolia 6Narrow-leaved Cherry — Prunus emarginata var. mollis The following tree species are eligible as replacement credit in the city rights -of -way. Cultivars with genetic contents from the trees listed may also count as replacement credit if approved by the City, Trees planted in the rights -of -way shall ensure that sight -distance requirements are maintained and utilities will not become encumbered. If overhead power distribution or transmission lines are within 20 horizontal feet of the planting location, the replacement tree species shall be selected from List 3 or 5. 1 Lawson Cypress — Chamaecyparis lawsoniana 2. Alaska Yellow Cedar — Chamaecyparis hootkatensis, 1 Western Red Cedar — Thuja plicata 4Douglas Fir — Pseudotsuga menziesji 5Grand Fir — Ables grandis 6. Mountain Hemlock — Tsuga mertansiana T Western Hemlock — Tsuga heterophylla 8. Shore Pine — Pinus contorta var, contorta 9, Western White Pine — Pinus monticola 10. Western Larch — Larix occidentalis Ordinance No. 909 Page 26 of 29 Draft Ordinance ATTACHMENT I q 1. Pacific or Western Flowering Dogwood -- Comus nuttallj'� 2, Vine Maple --Acer circinatum I Red Alder --Alnus rubra 4Western Hazelnut -- Corylus cornuta 5Oregon Ash -- Fraxinus latifolia & Narrow -leaved Cherry — Prunus emarginata var, mollis The tree species in List 5 shall be used for replacement credit in those locations identified as "Restricted R.O.W" in the Medina Landscape Plan set forth in Figure 3 of the Community Design El�ement of the Medina Comprehensive Plan. The city may accept other tree species not on the list for replacement credit provided the tree is an appropriate species to be planted where overhead utility lines or view corridors necessitate lower tree heights. The tree species in this list may be used for replacement credit when replacement trees are planted under or within 20 horizontal feet of overhead power distribution and transmission lines, The city may accept non-native tree species in this list and other non-native tree species not on the list for replacement credit provided the tree is an appropriate species to be planted near power lines, Ordinance No. 909 Page 27 of 29 Draft Ordinance ATTACHMENT B 1. Mugo Pine — Pinus mugo Z Tanyosho, Pine — Pinus densiflora'Umbraculifera' 3. Dwarf Hinoki Cypress — Chamaecyparis obtusa 'Nana gracilis' 4Chinese Juniper — Juniperus chinensis 5. Swiss Stone Pine — Pinus cembra 6. Japanese Umbrella Pine — Sciadopitys verticillata T Bristlecone Pine — Pinus aristata 8. Dwarf Japanese Red Pine — Pinus densiflora sp Kruckerberg, Arthur R. Gardening with Native Plants of the Pacific Northwest — an illustrated guide, Seattle,- University of Washington Press, 1982, Print. Arno, Stephen F and Harnmerly, Ramona P. Northwest Trees — identifying and understanding the regions native tree& Seattle: The Mountaineers, 1977, Print. Ordinance No. 909 Page 28 of 29 Draft Ordinance ATTACHMENT B Hitchcock, C. Leo and Cronquist, Arthur, Flora of the Pacific Northwest — an illustrated manual. Seattle: University of Washington Press, 1973. Print. Breen, Patrick. Oregon State University Department of Horticulture Landscape Plants — Images, identification and information (http::/Ioregonstate.edu`/"dept/idpIants"/"September 12, 2013). Corvallis, OR 97331-4501, USA, USDA, NRCS. 2013. The PLANTS Database (http://plants.usda.gov, 19 September 2013). National Plant Data Team, Greensboro, NC 27401-4901 USA, Ordinance No. 909 Page 29 of 29