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ORD 2015-03 RELATING TO LAND CLEARING AND THE AUTHORITY OF THE CODE COMPLIANCE OFFICERORDINANCE NO. 2015 -03 (Formerly Ordinance No. 2014 -38) AN ORDINANCE of the City of Bainbridge Island, Washington, relating to land clearing and the authority of the Code Compliance Officer; amending Bainbridge Island Municipal Code Chapter 1.26 and moving and amending Chapter 15.18 BIMC to Title 16 to create a new Chapter 16.18 BIMC. WHEREAS, the City's Code Compliance Officer has recommended (a) moving Chapter 15.18 of the Bainbridge Island Municipal Code (BIMC) relating to land clearing to Title 16 in order to create a better link to Chapter 16.12 BIMC, Shoreline Master Program, and Chapter 16.20 BIMC, Critical Areas, and (b) establishing an "after- the - fact" clearing permit; and WHEREAS, the suggested improvements were presented to the City's Tree Ordinance Ad Hoc Committee and subsequently, to the City Council, who directed that staff bring forward an ordinance to implement the changes; and WHEREAS, staff have also recommended changes to Section 1.26.010 BIMC, Code Enforcement- Applicability, to clarify which BIMC chapters the Code Compliance Officer has authority over; and WHEREAS, the City Council conducted a public hearing on Ordinance No. 2015 -03 (formerly 2014 -38) on October 14, 2014 and requested that the Tree Ordinance Ad Hoc Committee continue to discuss the ordinance, specifically the issues of protecting significant trees on property lines and solar access; and WHEREAS, the Tree Ordinance Ad Hoc Committee discussed these issues on October 16, 28, and November 18, 2014 and recommended minor changes; and WHEREAS, the City Council discussed Ordinance No. 2015 -03 (formerly 2014 -38) on December 2 and conducted a public hearing on December 9, 2014; and WHEREAS, the City Council continued the discussion of Ordinance 2015 -03 at the January 13 City Council meeting; and WHEREAS, notice was given on September 18, 2014 to the Office of Community Development at the Washington State Department of Commerce in conformance with RCW 36.70A.106; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES ORDAIN, AS FOLLOWS: Section 1. Section 1.26.010 of the Bainbridge Island Municipal Code is amended to read as follows: 1 1.26.010 Applicability of chapter. The provisions of this chapter shall apply to enforcement of BIMC Titles 16 and 18 and Chapters 15.04, 15.18, 15.24, 16.20, and 16.22 BIMC, and specified provisions outlined in BIMC Title 20 the exeeptio e f BIN 4C 15.04.090. For purposes of this chapter, such titles and chapters shall be referred to as "the applicable chapters and titles of this code." Section 2. Chapter 15.18 of the Bainbridge Island Municipal Code is hereby removed from Title 15 and added to Title 16 to become new Chapter 16.18, and amended to read as follows: 16 -5.18.010 Purpose. This chapter is adopted for the following purposes: A. To promote the public health, safety, and general welfare of the citizens of the city; B. To preserve and enhance the city's physical and aesthetic character by preventing indiscriminate removal or destruction of trees and ground cover on undeveloped and partially developed property; C. To promote land development practices that result in a minimal disturbance to the city's vegetation and native soil structure and protect infiltration capacity; D. To minimize surface water and ground water runoff and diversion and to prevent erosion and reduce the risk of slides; E. To minimize the need for additional storm drainage facilities; F. To retain clusters of trees for the abatement of noise and for wind protection; G. To promote building and site planning practices that are consistent with the city's natural topographical and vegetational features while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; H. To reduce siltation and water pollution in island waters; I. To implement the goals and objectives of the Washington State Environmental Policy Act; J. To implement and further the city's comprehensive plan; and TI it is of the intent or of this . hapter- to pfevent the reasonable de elopW.en ,4 land in the eit�- 16 -5.18.020 Definitions. "Clearing" means the destruction or removal of vegetation by manual, mechanical, or chemical methods. "Significant tree" means:) an evergreen tree 10 inches in diameter or red titer, measured four and one -half feet above existing grade-, or (b) a deciduous tree 12 inches in diameter or greater, measured four and one -half feet above existing trade; c in the Mixed Use Town Center and High School Road zoning; districts, any tree 8 inches in diameter or greater, measured four and one -half feet above existing_ grade; or (d) all trees located within a required critical area buffer as defined in Chapter _16.20 BIMC. "Vegetation" means plant matter, including trees, shrubs and ground cover. 165.18.030 Applicability. A. No person, corporation, or other legal entity shall engage in or cause clearing in the city without having obtained a land clearing permit from the planning director or designee. No person, corporation, or other legal entity shall cut, trim, remove, clear or damage any vegetation or trees within the following areas without obtaining, a clearing permit from the leg doctor or designee: any critical areas, shoreline areas or their buffers as defined in and regulated by Chapters 16.12 or 16.20 BIMC. This standard also applies to landscape buffers, ol2en space areas, or trees retained through a hind use permit under Titles 17 or 18 BIMC including adjacent properties. B. For properties located outside of the Mixed Use Town Center and High School Road zoning districts, a clearingsRermit is required for removing more than 6 significant trees, but no more than 5,000 board feet of timber (including live and dead stanciiElg_ imber) for personal use in any 12 -month period. To cut/ remove more than 5,000 board feet of timber, a vegetation management permit may be required pursuant to Chapter 16.22 BIMC, in addition to a permit from the Department of Natural Resources. See Tree Removal Permit Process flow chart, Figure 16.18. C For properties located the Mixed Use Town Center and High School Road zoning districts, a cleariaggnermit is required for removing Tiny significajit tree, as defined by Section 16,18.020 BIMC. For existing development subject to tree requirements or conditions applied through an a vroved land use or development Permit, see exemption in Section 16.18.040.0. For other oroperties in these districts clearing permits will onl be approved if the applicant demonstrates that at least one the following criteria is met, as determined by the Director or their designee; 1. The tree is diseased, dead or otherwise determined to be a hazardous tree as determined by a qualified professional pursuant to BIMC Section 18.15, 010,C.�); or 2. The removal is necessary to enable construction or reasonable use of the property, and no other alternative is feasible; or 3. The removal is necessary to maintain utilities, access or fulfill the terms of an easement or covenant recorded prior to the adoption ol'this ordinance. DR. In the event of a conflict between the requirements of this chapter and any other requirement of the Bainbridge Island Municipal Code, the more restrictive requirement shall apply. Additional permits may be required if the activities are regulated by other chapters such as, but not limited to, Chapters 15.20 BIMC, Surface and Storm Water Management, 16.12 BIMC Shoreline Master Program, 16.20 BIMC, Critical Areas, and 16.22 BIMC, Vegetation Management. Clearing of more than 7,000 square feet shall meet the stormwater management minimum standards outlined in Chapter 15.20 BIMC. See Tree Removal Permit Process flow chart. Figure 16.18. 165.18.040 Exemptions Clearing activities not requiring a permit. The following shall be exempt ff the pr-evisions of this ehaptef-L. Clearing of up to six significant trees, as defined in BIMC 16.18.020 19.15.010, in any 12 -month period. This exemption does not ap& to : any critical areas shoreline areas or their buffers as defined in and regulated by Chapters 16.12 or 16.20 BIMC:, other protected vegetated areas, or in the Mixed Use Town Center and Hiah School Road zoning districts, pursuant to Section 16.18.030 BIMC above. B. Clearing of up to 2,500 square feet of land in any 12 -month period; any amount of clearing is subject to the stormwater op_llution prevention standards of Chapter 15.20 BIMC. TlliN C zemption does not apply to: any eriticid areas, shoreline areas or 0611, buffers as defined in and regulated by Chapters 16.12 or 16.20 BIMC, or other protected areas, pursuant to Section 16.18.030. BIMC; C. Clearing as part of a development where clearing limits and/ or tree retention and landscape requirements have been set and erosion control plans approved as part of the approval for the development; provided, that land clearing in connection with such projects shall take place only after a land use or development permit has been issued by the city and shall be in accordance with such permit; D. The installation and maintenance of fire hydrants, water meters, and pumping stations, and street furniture by the city or utility companies or their contractors; E. Removal of trees and ground cover in emergency situations involving immediate danger to life or propei4y structure or substantial fire hazards. If one is required, a clearing_permit shall be obtained as soon as possible after the emergency situation is stabilized; F. Remeval of diseased, dead of dying trees upon written ver-ifieation by a qualified- t-ree`sis- - ` cial lb!' [lie pf-H ti oli 0 1-0, - tviii Ali -` 84e+3wj3 [4,,,4-1-l-ed with the difeetor; FG. Routine gardening and landscape maintenance of existing landscaped areas on developed lots, including pruning, weeding, planting, mowing, and other activities associated with maintaining an already established landscape; GFI. Agricultural management of existing farmed areas; Hl:. Routine maintenance activities, including tree removal, removal of invasive vegetation, and thinning required to control vegetation on road and utility rights -of -way; I3. Forest practices regulated by the Department of Natural Resources under Chapter 76.09 RCW. 16 -5.18.050 General requirements. A. Submittal Requirements. A complete application for a land clearing permit shall be submitted on the application form provided by the city, together with information required under Chapter 15.20 BIMC for a completed application, and including the following: 1. A plot plan on a base map provided by the applicant or by the city containing the following information: a. Date of drawing or revision, north arrow, adjoining roadways and appropriate scales; b. Prominent physical features of the property including, but not limited to, geological formations, critical areas and watercourses; c. General location, type, range of size, and conditions of trees and ground cover; d. Identification by areas, of trees and areas of ground cover that are to be removed, and information on how the trees or areas are delineated in the field; e. Any existing improvement on the property including, but not limited to, existing cleared areas, structures, driveways, ponds, and utilities; f. Information indicating the method of drainage and erosion control during and following the clearing operation; and g. Information on how property lines are identified. 2. Payment of the land clearing application fee in the amount established by resolution of the city council. B. After - the -Fact Clearing Permit. In the event of unauthorized clearing, an after -the- fact clearing permit may issued if the applicant meets all of the conditions listed in this chapter and any other applicable regulations or remedies. The fee for an after - the -fact clearing_ permit shall be established by resolution of the city cou1161. 1. If significant trees are removed in the Mixed Use Town Center/ High School Road zoning districts, and the criteria of Section 1.0,18.030.0 cannot be met, then such an after -the -fact must be denied, and replanting, required at a l :l tree unit ratio, using the tree unit conversion method described in Section 18.15.010.G.5. The City shall also collect a fine equal to the value of the trees(s) determined by the current standards of the International Society of rboriculture. See Section 16.18.080. CB. The planning director shall grant a clearing permit application if the application meets the requirements of this chapter and all other relevant city codes, including but not limited to Chapters 15.20, 16.12, 16.20, and 16.22 BIMC. If the clearing permit is denied, it may be appealed pursuant to Section 16.18.070. DE. Approved clearing plans shall not be amended without authorization of the planning director. ED. No work authorized by a clearing permit shall commence until a permit notice has been posted by the applicant on the subject property at a conspicuous location. The notice shall remain posted in said location until the authorized clearing has been completed. F Any clearing permit granted under this chapter shall expire one year from the date of issuance. Upon a showing of good cause, a clearing permit may be extended for six months by the planning director. GF. A clearing permit may be suspended or revoked by the planning director because of incorrect information supplied or any violation of the provisions of this chapter. HG. Failure to obtain forest practice application, where applicable, with the stated intent of land conversion as defined in RCW 76.09.020(4) shall be grounds for denial of any and all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of the land for a period of six years, in accordance with RCW 76.09.060(3)(b). 16 -5.18.060 Performance assurance bond. A. The planning director may require, as a condition to the granting of a permit, that the applicant furnish a performance assurance bow in a form approved by the planning director to the city to secure the applicant's obligation, after the approved land clearing has been accomplished, to complete any required replanting and the erosion control on the property in accordance with the conditions of the permit. The surety device bond shall be in an amount equal to the estimated cost of replanting and nd erosion control and clean up and with surety and conditions satisfactory to the planning director. B In order to stay enforcement, the director may choose to enter into a voluntary correction agreement (VCA). This is a civil contract entered into between the city and applicant The VCA will outline several performance items that will be required within an agreed upon time frame. 16 -5.18.070 Appeals. Appeals of the planning director's decision on a land clearing permit application shall be in accordance with the administrative decision procedures established in Chapter 2.16 BIMC. 16 -5.18.080 Violation — Enforcement and penalty. e AB. In addition to any other sanction or remedy that may be available, a violation of or failure to comply with any provision of this chapter shall be a civil infraction and shall be subject to enforcement and civil penalties as provided in Chapter 1.26 BIMC. B. A violation of or failure to comply with any provision ofth s cll,•.imer shall be a misdemeanor punishable upon. conviction, as provided in BIMC 1.24.010.A. C. Any fines collected through enforcement of this chapter shall be directed to the City's Tree Fund BIMC Chapter 3.39. Section 3. Exhibit A is added as Figure 16.18 to Chapter 16.18 of the Bainbridge Island Municipal Code. Section 4. This ordinance shall take effect and be in force five (5) days from its passage, approval, and publication as required by law. PASSED BY THE CITY COUNCIL this 10th day of February, 2015. APPROVED BY THE MAYOR this 10th day of February, 2015. ATTEST /AUTHENTICATE: ,Dl P k0.g s o w---j Rosalind D. Lassoff, CMC, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: d'4� Y. vaza�- Anne S. Blair, Mayor September 17, 2014 February 10, 2015 February 13, 2015 February 18, 2015 2015 -03 Figure 16.18 Tree Removal Permit Process Is the tree removal or clearing in a shoreline buffer, stream, wetland or steep slope area, or any kind of buffer, open space, or other protected area? Yes Any clearing or tree removal may require a clearing permit, a vegetation management permit, a geotechnical report, and /or an arborist report or replanting plan. Additional information or permits may be required. Tree removal may be prohibited in these areas. Check with the Dept. of Planning and Community Development. Can the property be further divided? No �� Yes Is the property less than 2 acres? No Is the property developed with a primary use? Yes me Need a Clearing permit to remove more than 6 significant trees, up to 5,000 board feet of timber (for personal use) in a 12 month period. Removal of more than 5,000 board feet or selling timber of any amount requires a Vegetation Management permit. M Vegetation Mgmt. permit not required; can clear any Yes amount of timber with Clearing permit. Stormwater EXHIBIT A management requirements must be met.