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ORD 2015-04 RELATING TO TREE AND LANDSCAPING MAINTENANCEORDINANCE NO. 2015-04 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to tree and landscaping maintenance and requirements; amending Bainbridge Island Municipal Code Sections 18.12.030, 18.15.010 and 18.36.030. WHEREAS, in January 2014, the City Council convened an Ad Hoc Committee consisting of two Planning Commissioners and three Councilmembers to review and make recommendations on the City's tree regulations; and WHEREAS, the Ad Hoc Committee organized their review by first focusing on regulations that apply to the Mixed Use Town Center and High School zoning districts; and WHEREAS, the Ad Hoc Committee presented their recommended changes to date to the City Council on September 2, 2014; and WHEREAS, the City Council directed staff to bring forward ordinances to implement the suggested changes; and WHEREAS, the Planning Commission reviewed the draft Ordinance No. 2015 -04 over several meetings in Spring and Summer of 2015; and WHEREAS, the Planning Commission conducted a public hearing on Ordinance No. 2015 -04 on August, 15, 2015, and recommended approval of the ordinance to the City Council after the public hearing; and WHEREAS, the City Council conducted a public hearing on Ordinance No. 2015 -04 on September 8, 2015; and WHEREAS, notice was given on August 12, 2015 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 18.12.030.E.3 of the Bainbridge Island Municipal Code is amended to read as follows: 3. Public Amenities and /or Infrastructure. At the applicant's option, a portion of the bonus may be earned through the provision of public amenities, " infrastructure, and /or preservation of a heritagL tree (s) on site, pursuant to an adopted city council resolution clarifying the amount of credit awarded for different provision of different public amenities and /or infrastructure, as follows: a. Up to 40 percent of the maximum residential, commercial or mixed use FAR bonus may come from monetary contributions toward public amenities and /or infrastructure beyond that required for SEPA mitigation. The amount of the 1 contribution shall be established by resolution of the city council. Funds contributed to the public amenities and /or infrastructure shall be used exclusively in the Mixed Use Town Center or High School Road districts, for projects identified in the six -year capital facilities program, or approved by the city. b. In lieu of the contribution of funds as provided for in subsection E.3.a of this section, and subject to approval by the director or designee, the public amenities FAR bonus may be achieved by the preservation of a heritage trees on site, construction of public amenities and /or infrastructure beyond that required to mitigate the impacts of development. Public amenities and /or infrastructure projects shall be located in the Mixed Use Town Center or High School Road districts, and shall be chosen from projects identified in the six - year capital facilities program, or approved by the city. Section 2. Section 18.15.010.0 of the Bainbridge Island Municipal Code is amended to read as follows: C. Tree Retention, Protection and Replacement. Where Table 18.15.010 -1 indicates that development must comply with the requirements of this subsection C, all development shall comply with the following requirements. These requirements are intended to supplement any regulations in Chapters 1612 (Shoreline Master Program) and 16.20 BIMC (Critical Areas), which remains the primary source of regulation for environmentally sensitive areas in Bainbridge Island. In the event of any inconsistency between the requirements of this subsection C and the requirements of Chapters 16.12 and 16.20 BIMC, the requirements of Chapters 16.12 aiid 16.20 BIMC shall apply. Section 3. Section 18.15.010.C.3 of the Bainbridge Island Municipal Code is amended to read as follows: Enforcement and Penalties. Failure to retain, replace or transplant trees will be enforced as follows; provided, that any fine shall be no less than three times the value of the trees, as determined by the current standards of the International Society of Arboriculture. If unauthorized tree(s) or vegetation removal occurs within the public right -of -way, all permits in force on the subject property shall be suspended and no new permits issued until the tree(s) or vegetation has been replaced or all penalties have been satisfied. The director is authorized to make site inspections and take such actions as are necessary to enforce this title in accordance with Chapters 1. 16, 1.24, and 1.26 BIMC. The director may require an evaluation by a tree professional, a qualified engineer, landscape architect, soils engineer, testing lab, or other specialist at any time during the tree plan review process or tree removal inspection as necessary to ensure compliance with the provisions of this subsection C and /or the terms of the clearing permit. Applicant shall be responsible for any associated costs, a. lamiyil r ita4ie Notice of Infraction. It is unlawful for any person to: i. Initiate or maintain, or cause to be initiated or maintained, the use, construction, placement, removal, alteration, or demolition of any 2 structure, land, vegetation or property within the city contrary to the provisions of this subsection C. ii. Misrepresent any material fact in any application, plans or other information submitted to obtain permits or authorizations under this title or not following the conditions of an approval. iii. Remove or deface any sign, notice, complaint, or order required by or posted in accordance with this subsection C. iv. Fail to submit or implement a planting plan as required by this section. b. Stop Work Orders. The city shall have the authority to issue a stop work order to cease all development work, and order restoration, rehabilitation, or replacement measures, including applicable sureties, at the owner's or other responsible party's expense to compensate for the use, construction, placement, removal, alteration, or demolition of any structure, land, vegetation or property within the city contrary to the provisions of this subsection C. c. Additional Remedies. In addition to any other remedy provided by this subsection C or under the BIMC, the city may initiate injunction or abatement proceedings or any other appropriate action in courts against any person who violates or fails to comply with any provision of this subsection C to prevent, enjoin, abate, and /or terminate violations of this title and /or to restore a condition which existed prior to the violation. In any such proceeding, the person violating and /or failing to comply with any provisions of this subsection C shall be liable for the costs and reasonable attorneys' fees incurred by the city in bringing, maintaining and /or prosecuting such action. d. Civil -k4faction Notice of Infraction. Except as provided in subsection C.3.f of this section, conduct made unlawful by the city under this subsection C shall constitute a civil infraction and is subject to enforcement and fines as provided in BIMC 1.26.035, and additionally, is subject to fines as provided in Table 18.15.010 -2. A civil infraction under this section shall be processed in the manner set forth in Chapter 1.26 BIMC. e. Civil Penalty. i. In addition to any civil infraction fine, criminal penalty, and /or other available sanction or remedial procedure, any person engaging in conduct made unlawful by this subsection C shall be subject to a cumulative civil penalty in the amount of $1,000 per day for each violation from the date set for compliance until the date of compliance. Any such civil penalty shall be collected in accordance with BIMC 1.26.090. ii. A person who fails to comply with the requirements of this subsection C or the terms of a permit issued hereunder, who undertakes an activity regulated by this subsection C without obtaining a permit, or fails to comply with a cease and desist or stop work order issued under this subsection C shall be subject to a civil penalty as set forth in Table 18.15.010 -2. Each unlawfully removed or damaged tree shall constitute a separate violation. iii. Any person who aids or abets in the violation shall be considered to have committed a violation for purposes of the civil penalty. iv. In addition to the penalties addressed under subsection C.3.e.ii of this section, failure to retain, replace or transplant trees will be enforced as provided in this code; provided, that any financial penalty assessed will be the greater of the amount indicated in Table 18.15.010 -2 or three times the value of the trees, as determined by the current standards of the International Society of Arboriculture, whichever is greater. The director may elect not to seek penalties if he or she determines that the circumstances do not warrant imposition of civil penalties in addition to restoration. Exception to director's discretion statement above: Any tree identified on a development project's required landscaping plan as retained and given a monetary value per G.3.b.iii that is removed. or dies during the surety period due to in-iproper protection during onstruction, shall be subject to an automatic tine of three (3) times the tree's stated value. All of the project's active permits shall also be suspended until the fine is paid and all restoration work comuleted. Table 18.15.010 -2: Penalties Allowable Fines per Types of Violations Violation 1. Removal of tree(s) approved to be removed, but prior to final tree retention and $100.00 per planting plan approval or issuance of a city tree removal permit tree 2. Removal or damage of tree(s) that are or would be shown to be retained on an $1,000 per approved tree retention and planting plan or any other violation of approved tree tree protection plan 3. Removal of tree(s) without applying for or obtaining a required city land use $1,000 per permit tree 4. Removal of tree(s) without applying for or obtaining a required city clearing $1,000 per permit tree f. Repeat Offenders. Any person who again violates this subsection C within 12 months after having been found by the Bainbridge Island municipal court to be in violation of this subsection C commits a misdemeanor and any person who is convicted of that misdemeanor shall be punished as provided in BIMC 1.24.010.A. Section 4. Section 18.15.010.C.4 of the Bainbridge Island Municipal Code is amended to read as follows: 4. Protection During Construction and Development. a. Intent. The intent of these regulations is to provide the best protection for significant trees and tree stands, including_ protection for trees on adjacent properties. b. Requirements. i. No cutting of significant trees shall be allowed on a site until the tree retention and planting plans have been approved by the director. 0 ii. In order to preserve future ecological function, the applicant shall identify An areas of prohibited disturbance, generally corresponding to the dripline or critical root zone (as identified by a consulting arborist) of the significant trees and /or tree canopy of tree stands to be retained, bufl'e areas ofexisting_vegetation to be Mill ilt:::ci, It ture raulgardens, and future ]21anting areas larger than 400 square feet (i.e. landscape islands in parking lots)., h shall bo kld.ii fed by the � pli an4 mid ar.,u , n b , !the prohibited disturbance areas shall be reviewed and approved by the director as part of the land use permit review process. iii. A temporary five- foot -high chain link fence with tubular steel poles or "T" posts shall delineate the area of prohibited disturbance defined in subsection CA.b.ii of this section, unless the director has approved the use of a four - foot -high plastic net fence as an alternative. The fence shall be erected before construction starts and shall remain in place until construction has been completed, and shall at all times have affixed to it a sign indicating the protected area. iv. No impervious surfaces, fill, excavation, vehicle operations, compaction, removal of native soil or storage of construction materials shall be permitted within the area defined by the required construction fencing. If avoiding con=.trtiction and compaction in future planting areas is unavoidable the landscape plan for the ro'ect shall include methods for aerating and /or augmenting aUgmenting compacted soil to prepare for new planting, pursuant to BIMC 18,15.010.H.2.. v. A rock well shall be constructed if the grade level around the tree is to be raised more than one foot. The inside diameter of the well shall be equal to the diameter of the dripline or critical root zone (as identified by a consulting arborist) of the tree or tree canopy of tree stands. vi. The grade level shall not be lowered within the larger of (A) the dripline or critical root zone (as identified by a consulting arborist) of the tree, or the tree canopy of tree stands, or (B) the area recommended by a consulting arborist. vii. Alternative protection methods may be used if recommended by a consulting arborist and determined by the director to provide equal or greater tree protection. viii.Wherever this subsection CA allows or requires the involvement of a consulting arborist, that individual shall be selected from the city's list of current arborists certified by the American Society of Consulting Arborists and his or her services shall be paid for by the applicant. Section 5. Section 18.15.010.D.1 of the Bainbridge Island Municipal Code is amended to read as follows: D. Perimeter Buffering and Screening. 1. Intent. The intent of this subsection D is to provide aneffective vegetated screen over time between uses or land use districts, to screen parking areas and structures located adjacent to public rights -of -way, and to allow visual and physical access to pedestrian and other nonmotorized oriented uses, such as a multipurpose trail or bikeway if those trails could be accommodated without compromising 5 significant vegetation or hazardous slopes. Additional buffers may be required per BIMC 16.20.170, The Winslow Ravine — Special rules in Mixed Use Town Center. Section 6. Section 18.15.010.D.4 of the Bainbridge Island Municipal Code is amended to read as follows: 4. General Requirements. a. Full Screen. Where full screen perimeter landscaping is required, the applicant must provide: i. Minimum 70 percent evergreen trees ranging in height from four feet to six feet at the time of planting with at least 50 percent being six feet high; and ii. Deciduous trees with a caliper of at least two inches at the time of planting; and iii. At least 20 percent of the trees shall be native species and drought resistant; and iv. The number of trees is determined by dividing the length of the landscape perimeter by 10 feet; and v. Evergreen shrubs at least 21 inches in height at the time of planting, spaced no more than three feet on center, to achieve minimum few six feet height at maturity; and vi. The number of shrubs is determined by dividing the length of the perimeter by four feet; and vii. Living ground cover shall be planted and spaced to achieve total coverage within three years; and viii. Plants may be clustered within the perimeter to screen structures and parking areas. b. Partial Screen. Where partial screen perimeter landscaping is required, the applicant must provide: i. Minimum 50 percent evergreen trees ranging in height from four feet to six feet at the time of planting with at least 50 percent being six feet high; and ii. Deciduous trees with a caliper of at least two inches at the time of planting; and iii. At least 20 percent of the trees shall be native species and drought resistant; and iv. The number of trees is determined by dividing the length of the landscape perimeter by 20 feet; and v. Evergreen shrubs at least 21 inches in height at the time of planting, spaced no more than three feet on center, to achieve minimum fear six feet height at maturity; and vi. The number of shrubs is determined by dividing the length of the landscape perimeter by five feet; and vii. Living ground cover shall be planted and spaced to achieve total coverage within three years; and rel viii.Plants may be clustered within the landscape perimeter to screen structures and parking areas. c. Filtered Screen. Where filtered screen perimeter landscaping is required, the applicant must provide: i. One hundred percent deciduous trees two -inch caliper spaced no more than 30 feet on center; and ii. Evergreen shrubs minimum 21 inches in height at the time of planting spaced no more than three feet on center to provide a continuous hedge achieving a maximum height of tree six feet at maturity; and iii. Living ground cover shall be planted and spaced to achieve total coverage within three years. Section 7. Section 18.15.010.G of the Bainbridge Island Municipal Code is amended to read as follows: G. Total Site Tree Unit Requirements. 1. Intent. The overall purpose of BIMC 18.15.010 is to preserve the landscape character of the community thrOLItY l development standards by encouraging, the retention of existing vegetation and significant trees by incorporating them into site design. The intent of this subsection G is to ensure that, to the degree practicable, (a) each development approval in the MUTC, HSR I and II, R -8, R- 14, and NSC zone districts and (b) each development approval for nonresidential development in the R -5, R -4.3, R -3.5, R -2.9, R -2, R -1, and R -0.4 zone districts leaves the development parcel with at least a specified minimum amount of tree coverage, measured in tree units per acre, that reflects the degree of tree coverage prior to development or redevelopment and that discourages avoidable site disturbances that would require tree removal. 2. Applicability. The regulations of this subsection G apply to each development application involving (a) any modification to a development parcel located in the MUTC, HSR I and II, R -8, R -14, or NSC districts or (b) a permitted nonresidential development in the R -5, R -4.3, R -3.5, R -2.9, R -2, R -1, and R -0.4 zone districts. If a significant portion of significant tree trunk, dripline and /or critical root zone extends onto an adjacent property, both properties may use the tree units for retaining the trees to meet the requirements of subsection 4, upon mutual agreement. These provisions shall not apply to projects involving only interior renovation of existing buildings. Site Specific Evaluation of Total Impact on Tree Coverage. a-. 1 tha has lass than 50 per-eel r,e-,Fnpl ete an ntoi e. of all ezv.istin -.4--the site ind.ieating the A In order to show how the tree unit requirements of subsection 4 below are being met, pmt any d°ve'n' Lip pi the applicant shall submit VA the following information as part of the landscaping, plgi infonnation for a land use permit application: i. Iidentify and survey all existing trees to be removed retained as part of the proposed developments; and ii. If opting to meet tree unit requirements pursuant to 4.a.iii below, the applicant shall identify the species and DBH of each tree to be removed. iii. The applicant shall also submit valuation of all trees to be retained. using the valuation standards of the International Society of Arboriculture (see administrative manual for submittal requirements for landscaping plans). 4. Requirements. a. A development application covered by subsection G.2 of this section shall only be approved if it complies with the requirements of subsections C (Tree Retention, Protection, and Replacement), D (Perimeter Buffering and Screening), E (Street Frontage Landscaping), and F (Parking Lot Landscaping) of this section, and also complies with subsection GA.a.i, ii or iii of this section. i. In the MUTC central core and ferry terminal overlay districts, the development parcel shall have at least 30 tree units per acre following the proposed development or redevelopment. ii. In the MUTC Ericksen Avenue, Madison Avenue, and gateway overlay districts, and each site in the R -8, R -14, HSR I and II, and NSC districts, and for permitted nonresidential development in the R -5, R -4.3, R -3.5, R- 2.9, R -2, R -1, and R -0.4 zone districts, the development parcel shall have at least 40 tree units per acre following the proposed development or redevelopment. iii. As an alternative to subsections G.4.a.i and ii of this section, and at the applicant's option, the development parcel will contain at least the same number of tree units after the proposed development or redevelopment as it had before that development or redevelopment. b. Existing and new trees in roadside, perimeter, and shoreline buffers and/or critical areas and their buffers do not count towards the tree unit requirements of this section. If an applicant is choosing to meet their tree unit requirements using Subsection a.iii above, the existing trees in loose protected areas and buffers will not count towards the "pre development" Munount of tree units. units, All existing t—es -ew trees planted on !he site, ineluding-btA section of! ! se-fequifec44&4)e+q4aeed of planted pur-suaFA to subseetion P, 9, 5. Calculation of Tree Units. a. Each tree preserved on a development parcel shall earn the number of tree units shown in Table 18.15.010 -7, based on its diameter at breast height (DBH) as measured in inches. If the DBH measurement results in a fraction, the requirement shall be rounded to the nearest whole number (greater than or equal to 0.5 is rounded up; less than 0.5 is rounded down). 8 DBH Tree Units DBH Tree Units DBH Tree Units 4- 3 -5 1.0 16 -18 3.2 27 -28 7.0 6-10 1.2 19 -20 3.8 29 -30 7.8 11 -12 1.4 21 -23 4.6 30+ 8.2 13— 15 2.0 24-26 6.2 [1 ] For multi- stemmed trees, measure the DBH of each trunk separately, multiply each of these measurements by itself, add up these amounts, and calculate the square root of that total to find the DBH for the tree as a whole. b. Tree Retention Bonus. i. If retained trees occur in a tree stand, they shall earn 1.2 times the tree unit value shown in Table 18.15.010 -7. ii. If the retained trees occur in a tree stand that is adjacent to a tree stand on an adjacent lot that is already protected as part of a land use permit or conservation easement, they shall earn 1.5 times the tree unit value shown in Table 18.15.010 -7 instead of the bonus described in subsection G.5.b.i. of this section. iii. If the retained tree is one designated through the City's Heritage Tree Program it shall earn 4-;5 two 2 times the tree unit value shown in Table 18.15.010 -7, and the tree shall not receive additional bonus in subsections G.5.b.1 and 2 of this section for location in a tree stand. iv. If the retained tree is located within a designated Wildlife Corridor Network, it shall earn 1.5 times the tree unit value shown in Table 18.15.010 -7. c. Each new or replacement tree planted shall earn the following number 01 one tree unit_ er-edks�--New trees_phailed to meet the minimum parking lot landscaping requirements of BIMC 18.15.010.17 do not count towards meeting tree unit credits under this section. New trees planted in or around a parking lot that exceed the minimum requirements of subsection F can be counted towards meeting required tree units. i. Eaeh tFee with _height t_matatity of 40 feet of liall_be equal to one 13alfi tree . r;t. Height a4 „-, firity shall be as defined in the . nt edition of the Mantial of Woody Landseape Plan4s: Their , f amental Chafaeteri stiets, Cuittife, 1 epagafie and Uses, hA'. heel A Dom-. o aae4feeiiirr- d. If, after complying with subsections C, D, E, and F of this section, additional trees need to be planted to meet the minimum tree unit requirements in subsection G.3 of this section: i. In the MUTC central core and ferry terminal overlay districts, those trees may be planted either at ground level or above ground level (such as a patio, terrace, or rooftop); and ii. In the MUTC Ericksen Avenue, Madison Avenue, and gateway overlay districts, R -8, R -14, HSR I and II, NSC districts, as well as for 0 nonresidential developments within residential districts, those trees shall be planted at ground level. Section 8. Section 18.15.010.H of the Bainbridge Island Municipal Code is amended to read as follows: H. Planting Requirements. 1. Intent. The intent of this section is to encourage the use of native species and recommend planting conditions adaptive to Bainbridge Island. 2. Requirements. Landscape designs shall conform to the following provisions: a. Areas not devoted to landscape required by this chapter, parking, structures and other site improvements are encouraged to be planted or remain in existing vegetation. b. New plant materials shall include native species or nonnative species that have adapted to the climatic conditions of the coastal region of the Puget Sound Region. c. New plant materials shall consist of drought resistant species, except where site conditions within the required landscape areas assure adequate moisture for growth. d. New tree plantings shall be a minimum of two inches in caliper if deciduous or six feet in height if evergreen. New shrubs planted in roadside or perimeter buffers shall be of a variety that achieves a minimum six feet height at inaturity. ,Soil planting types and depth shall be sufficient for tree planting. e. When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in two or more rows. f. Existing vegetation may be used to augment new plantings to meet the standards of this chapter. g. Grass may be used as a ground cover where existing or amended soil conditions assure adequate moisture for growth. h. Ground cover areas shall contain at least two inches of composted organic mulch at finish grade to minimize evaporation. Mulch shall consist of materials such as composted yard waste, composted sawdust, and /or manure that are fully composted. i. Existing and /or coninga ted soils may need to be augmented with fully composted organic material o:• Iterated. j. Specific submittal requirements for landscaping plans (tree protection, retention and planting plans) are included in the city's administrative manual. Performance Assurance. a. Performance assurance is required to assure the city that the landscape, required by this section, is properly installed, will become established and be adequately maintained. b. The required landscape shall be installed prior to the issuance of a temporary certificate of occupancy for the project. The Washington landscape architect, Washington certified nursery professional or Washington certified landscaper 10 shall submit a landscaping declaration to the director to verify installation in accordance with the approved plans. c. The time limit for compliance may be extended to allow installation of landscaping during the next appropriate planting season as approved if the director determines that a performance assurance device, for a period of not more than one year, will adequately protect the interests of the city. The performance assurance device shall be for 150 percent of the cost of the work or improvements covered by the assurance device. In no case may the property owner delay performance for more than one year. d. The form and type of the performance assurance device shall be determined by the director. 4. Maintenance Assurance. a. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved planting plan. b. A maintenance assurance device shall be required for a period of five twee years after acceptance by the city of the new planting or transplanting of vegetation to ensure proper installation, establishment, and maintenance. c. The maintenance assurance device amount shall not be less than 20 percent of the cost of replacing materials covered by the assurance device. d. The form and type of the maintenance assurance device shall be determined by the director. Section 9. The definitions of heritage tree and significant tree in Section 18.36.030 of the Bainbridge Island Municipal Code are amended to read as follows: "Heritage tree" means a tree that has been nominated and approved as such throujuji the Heritage Tree Program, Resolution No. 2014 -19. "Significant tree" means: (a) an evergreen tree 10 inches in diameter or greater, 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 grade; of (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 Peet above existing grade-, or (d) all trees located within a required critical area buffer as defined in Chapter 16.20 BIMC. Section 10. 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 8th day of September, 2015. APPROVED BY THE MAYOR this 8th day of September, 2015. Anne S. Blair, Mayor 11 ATTEST /AUTHENTICATE: Rosalind D. Lassoff, C C, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: August 18, 2015 September 8, 2015 September 11, 2015 September 16, 2015 2015 -04 12