Ordinance No. 2024-30 Transferring Duties Related to Certain Trees from the Historic Preservation Commission to Planning Commission (Approved 111224) 1
ORDINANCE NO. 2024-30
AN ORDINANCE of the City of Bainbridge Island, Washington, amending BIMC
18.24.120 to transfer the duty to review certain actions related to Heritage Trees
from the Historic Preservation Commission to the Planning Commission pending
further review by the Council.
WHEREAS, Bainbridge Island Municipal Code (BIMC) Section 18.24.120 provides for
the Historic Preservation Commission to perform certain duties related to the nomination,
designation, and removal of heritage trees in the City of Bainbridge Island; and
WHEREAS, due to the recent resignations of Historic Preservation Commission members,
all positions on the Historic Preservation Commission are vacant and the Historic Preservation
Commission is therefore unavailable to perform the assigned duties in BIMC 18.24.120; and
WHEREAS, the Bainbridge Island City Council intends to undertake a review of the
City’s historic preservation regulations and to evaluate the role and responsibility of the Historic
Preservation Commission going forward; and
WHEREAS, the City Council passed Ordinance No. 2024-14 on May 14, 2024,
transferring certain duties of the Historic Preservation Commission temporarily to the Planning
Commission pending further action of the City Council; and
WHEREAS, while the City Council’s review is pending, the duties set forth in BIMC
18.24.120 may also need to be performed and the Council has determined that the most appropriate
body to perform the duties is the Bainbridge Island Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Transfer of Duties under BIMC 18.24.120. Pending further action of the
City Council, the duties of the Historic Preservation Commission under BIMC 18.24.120. are
hereby transferred to the Bainbridge Island Planning Commission, and BIMC 18.24.120 is
amended to read as follows:
1. 18.24.120 Heritage tree register.
A. The historic preservation commission shall review nominations of heritage trees to be
included on the heritage tree register, provided, that pending further review by the City
Council the duties of the Historic Preservation Commission under this subsection shall
be performed by the Planning Commission,
B. Criteria for Listing. Individual trees or tree stands may be designated heritage trees
because they exhibit valued, unique characteristics that set them apart from other
similar trees. Heritage trees shall meet one or more of the following criteria:
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1. Specimen. A tree of exceptional size, form or rarity.
2. Size. Any tree with a DBH of 36 inches or more.
3. Species. Locally important native trees or trees and tree stands that are associated
with the character of the community. Species that are rare in the area, with the
exception of nonnative, invasive tree species.
4. Age. Trees of exceptional age.
5. Historic, Cultural or Habitat Significance. Trees associated with notable local or
regional historical or cultural events, persons, structures or landscapes. Trees planted
as commemorative trees. Trees that serve as important habitat for valued wildlife.
6. Ecological Value. Trees or tree stands with high ecological value due to their
location, size, species and/or condition.
7. Aesthetics. A tree with special aesthetic value due to its form or function it serves
in the landscape (for example, a landmark pair of trees that frame an entrance).
8. Location. Trees valued for their particular location.
C. Process for Designating Heritage Trees.
1. Trees may be nominated by the:
a. Owner; or
b. Any member of the public.
2. The historic preservation commission shall examine each application and make
a determination based on the heritage tree criteria whether the tree or tree stands
are eligible for the register, provided, that pending further review by the City
Council the duties of the Historic Preservation Commission under this subsection
shall be performed by the Planning Commission.
3. Once determination has been made, the historic preservation commission shall
notify the property owner, provided, that pending further review by the City
Council the duties of the Historic Preservation Commission under this subsection
shall be performed by the Planning Commission. The property owner must agree
to the nomination by signing a consent form attached to the nomination form.
D. Responsibilities for Owners of Trees on the Register. The heritage tree or tree stand is
retained by the property owner and does not become property or responsibility of the
city. Upon acceptance of a nomination, the city will list the tree or tree stand on the
register. If requested, the city will provide the owner with a professional arborist’s
assessment of the tree or tree stand.
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E.Removal of Trees from the Register. Heritage tree designation does not prohibit a
property owner from developing a property and/or removing a heritage tree. The owner
shall consult with the historic preservation commission, provided, that pending further
review by the City Council the duties of the Historic Preservation Commission under
this subsection shall be performed by the Planning Commission, prior to removing of
a tree.
F.Incentives for a Tree(s) on the Register. Heritage trees may receive density bonuses
pursuant to BIMC 18.15.010.G.5.b. (Ord. 2016-11 § 2, 2016)
Section 2. Effective Date. This ordinance shall take effect and be in full force five (5)
days after its passage and publication as required by law.
PASSED by the City Council this 12th day of November 2024.
APPROVED by the Mayor this 12th day of November 2024.
Joe Deets, Mayor
ATTEST/AUTHENTICATE:
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: October 21, 2024
PASSED BY THE CITY COUNCIL: November 12, 2024
PUBLISHED: November 15, 2024
EFFECTIVE DATE: November 20, 2024
ORDINANCE NO. 2024-30