ORD NO. 2018-32 MODIFYING CHAPTER 16.32 RELATING TO LANDMARK TREES EMERGENCYORDINANCE NO. 2018-32
AN ORDINANCE of the City of Bainbridge Island, Washington, adopted pursuant
to RCW 36.70A.390; amending Chapter 16.32 of the Bainbridge Island Municipal
Code related to the preservation, protection, and retention of Landmark Trees
located on Bainbridge Island; stating the effect on vested rights; recognizing that a
public hearing will be held within 60 days; authorizing interpretative authority;
providing for severability; and leaving the effective date and duration of the interim
official control unchanged.
WHEREAS, within the express terms of the Growth Management Act, the Washington
State Legislature has specifically conferred upon the governing bodies of Washington cities the
right to establish and adopt interim official controls related to land uses; and
WHEREAS, the City Council of the City of Bainbridge Island ("City") updated the
City's Comprehensive Plan in February of 2017; and
WHEREAS, the City Council has significant concerns about development and growth in
the City under current regulations in the context of the vision and goals of the City's
Comprehensive Plan, is discussing how to best accommodate growth and development in both
general and specific ways, and finds that unless the City acts immediately to preserve the status
quo, there are likely to be adverse impacts on the City and its citizens; and
WHEREAS, land clearing and development activities have resulted in the removal and
loss of Landmark Trees on Bainbridge Island; and
WHEREAS, Landmark Trees, because of their age, size, and condition are recognized as
having exceptional value in contributing to the character of the community; and
WHEREAS, the City has received numerous public comments expressing concern
regarding the loss of Landmark Trees on Bainbridge Island; and
WHEREAS, the Planning Commission, Design Review Board, and the Ad Hoc
Tree/LID Committee have expressed concern regarding the loss of trees on Bainbridge Island;
and
WHEREAS, the preservation of trees is a community value supported by the policies
and goals of the City's Comprehensive Plan; and
WHEREAS, based on these and related concerns, the City Council requires additional
time to review the regulations and policies at issue to ensure that the vision and goals of the
City's Comprehensive Plan are being met to the Council's satisfaction; and
WHEREAS, the City possesses land use jurisdiction and regulatory authority over the
City's incorporated lands; and
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WHEREAS, on June 26, 2018, the City Council adopted Ordinance No. 2018-25, which
imposed an interim official control to promote the public good and was necessary for the
protection of public health, property, safety, and welfare; and
WHEREAS, in adopting Ordinance No. 2018-25, the City Council found that a public
emergency exists requiring that the City's interim official control come into effect immediately
upon adoption; and
WHEREAS, on August 14, 2018, the City Council held a public hearing on Ordinance
No. 2018-25; and
WHEREAS, the City Council now desires to change the procedure through which an
Application for Removal of a Landmark Tree is reviewed; and
WHEREAS, since the adoption of Ordinance No. 2018-25, the Planning and Community
Development Department has received several Applications for Removal of a Landmark Tree;
and
WHEREAS, the interim official control promotes the public good and is necessary for
the protection of public health, property, safety, and welfare, and the public emergency on which
the interim official control was imposed continues to exist and this ordinance does not change
the basis for that declaration of emergency nor the effective date of the interim official control,
which is June 26, 2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings of Fact. The recitals set forth above are hereby adopted as additional
and supplemental findings of fact to the City Council's initial findings of fact in support of the
interim official control, as established by Ordinance No. 2018-25. The City Council may, in its
discretion, adopt additional findings after the public hearing referenced in Section 6 below.
Section 2. Interim Official Control Amended. Section 16.32.030 of the Bainbridge
Island Municipal Code is amended to read as follows:
16.32.030 Landmark Tree Retention.
A. Except as otherwise allowed under this chapter, no person, corporation, or other
legal entity shall remove a Landmark Tree without having obtained approval from
the Planning Director City ounet
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B. Prior to the removal of a Landmark Tree, any person, corporation, or other legal
entity seeking to remove a Landmark Tree must submit an Application for
Removal of a Landmark Tree to the Department of Planning and Community
Development Mer.
C. Upon receipt of an Application for Removal of a Landmark Tree, the Planning
Director will review the application materials and consider the request based upon
the criteria outlined in this cha ter. prepare a Yff {e~ r-tonincada4ien on th.:
WPM
D. E. Following the publie hearing and receipt ofth The Planning Directorls
-� a6O the C. J- shall approve the removal, deny the removal,
i�G�vl7��[1TSit�C[TCr�. co omc� r
or request additional information. The Planning Director City Couneil shall only
approve the removal of a Landmark Tree upon a finding that at least one of the
following criteria is met:
1. The removal is necessary to enable construction on or reasonable use of
the property, and no other alternative is feasible; or
2. The removal is necessary to maintain utilities, access, or fulfill the terms
of an easement or covenant recorded prior to the adoption of the ordinance
codified in this chapter; or
3. The tree is diseased, dead, or otherwise determined to be a hazardous tree
as determined by a qualified professional pursuant to BIMC
18.15.010.C.1.c.
E. l If the Planning Director City Couneil grants an _Aapplication for Rremoval of a
Landmark Tree upon a finding that the removal is necessary to enable
construction on or reasonable use of the property, and no other alternative is
feasible, then the property owner that submitted the application shall be required
to provide mitigation through the planting of Replacement Trees on the property
from which the Landmark Tree was removed in accordance with the following:
1. The quantity of Replacement Trees is calculated by multiplying the
Diameter Breast Height of the subject Landmark Tree by fifty percent
(50%) to establish the number of replacement inches; and
2. The total number of Replacement Trees is determined by the total caliper
inches of Replacement Trees equaling or exceeding the required tree
replacement inches established in subsection (E -F)(1) of this section.
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F. &. In lieu of planting the Replacement Trees prescribed in subsection (Eli) of this
section, an applicant may satisfy the tree replacement requirements by:
1. Planting at least three Replacement Trees on the property from which the
Landmark Tree was removed; and
2. Contributing to the Bainbridge Island Tree Fund at a rate of $500.00 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 Bainbridge Island Tree Fund and the total caliper inches of the
Replacement Trees planted shall not be less than the total replacement
inches calculated in subsection (E -F) of this section.
Section 3. Interim Official Control Amended. Section 16.32.040 of the Bainbridge
Island Municipal Code is amended to read as follows:
16.32.040 Emergencies.
A. In emergency situations involving immediate danger to life or real property,
removal of a Landmark Tree is permitted without first obtaining approval from
the Planning Director City Gounei ; Provided, that the following conditions are
satisfied:
1. The person, corporation, or other legal entity that removed the Landmark
Tree submits an Application for Removal of a Landmark Tree under this
chapter within fourteen (14) days after the emergency situation is
stabilized; and
2. The person, corporation, or other legal entity that removed the Landmark
Tree provides, within fourteen (14) days after the emergency situation is
stabilized, the city with documentation establishing the existence of the
emergency situation, with such documentation including at least four high
resolution photographs evidencing the existence of the emergency
situation; and
The Planning Director City Couneil subsequently approves the removal
pursuant to this chapter.
B. If the conditions of subsection (A) of this section are not satisfied, the person,
corporation, or other legal entity that removed the Landmark Tree without first
obtaining approval from the Planning Director City Gouneil will be in violation of
this chapter.
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Section 4. Interim Official Control Amended. Section 16.32.050 of the Bainbridge
Island Municipal Code is amended to read as follows:
16.32.050 Appeals.
A. The Planning Director's City G,.,,. eil s decision on an Aapplication for Rremoval
of a Landmark Tree may be appealed to the hearing examiner as described in
BIMC 2.16.020.P.1 the K ts p Geun4y S . ei, Court in aeeordanee with Chapter
36.7n� 0C RC .
B. All appeals must be filed within fourteen fity ene (1424) days following the
issuance of the Planning Director's City Couneil2s decision on the application.
Section 5. Interim Official Control Amended. Section 16.32.060 of the Bainbridge
Island Municipal Code is amended to read as follows:
16.32.060 Violations and Penalties.
A. This chapter shall be enforced, and penalties for violations of this chapter will be
imposed, pursuant to Chapter 1.26 BIMC, except that no Notice of Infraction may
be issued under Chapter 1.26 BIMC for a violation of this chapter. In addition to
Notices of Violation issued under BIMC 1.26.050 or BIMC 1.26.060, BIMC
1.26.070 will also govern the review and appeal of any Notice of Violation issued
under Chapter 1.26 BIMC for a violation of this chapter.
B. In addition to the civil penalties imposed under BIMC 1.26.090, an additional
civil penalty will be imposed on any person, corporation, or other legal entity that
removes a Landmark Tree without prior approval of the Planning Directed_
Eeuneil. This additional civil penalty will be in the amount of $25,000 for each
Landmark Tree removed. The City Attorney will take appropriate action to collect
this additional civil penalty.
C. In the event of a conflict between the requirements of this chapter and any other
requirement of the Bainbridge Island Municipal Code, this chapter will govern
and control.
Section 6. Public Hearing. Pursuant to RCW 36.70A.390, the City Council shall hold a
public hearing at a City Council meeting within 60 days of adoption of this ordinance in order to
take public testimony and to consider adopting further findings of fact.
Section 7. Effect on Vested Rights. The amendments to the interim official control
imposed under this ordinance shall apply prospectively only. Nothing in this ordinance shall be
construed to extinguish, limit, or otherwise infringe on any permit applicant's vested
development rights as defined by state law and City of Bainbridge Island regulations, provided
that such a permit applicant has filed a complete permit application before the effective date of
this ordinance.
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Section 8. Interpretive Authority. The City of Bainbridge Island Director of Planning
and Community Development, or designee, is hereby authorized to issue official interpretations
arising under or otherwise necessitated by this ordinance.
Section 9. Severability. Should any section, paragraph, sentence, clause, or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be preempted by state
or federal law or regulation, such decision or preemption shall not affect the validity of the
remaining portions of this ordinance or its application to other persons or circumstances.
Section 10. Declaration of Emergency; Effective Date; Duration. This ordinance, as a
public emergency ordinance necessary for the protection of the public health, public safety,
public property, and public peace, shall take effect and be in full force immediately upon its
adoption. Pursuant to Matson v. Clark County Board of Commissioners, 79 Wn. App. 641
(1995), non -exhaustive underlying facts necessary to support this emergency declaration are
included in the "Whereas" clauses above, all of which are adopted by reference as findings of
fact as if fully set forth herein. This interim official control shall take effect immediately and
shall remain effective for the six (6) month period as established by Ordinance No. 2018-25,
unless terminated earlier by the City Council. Provided, that the Council may, at its sole
discretion, renew the interim official control for one or more six-month periods in accordance
with state law. This ordinance or a summary thereof consisting of the title shall be published in
the official newspaper of the City.
PASSED BY THE CITY COUNCIL this 21st day of August, 2018.
APPROVED BY THE MAYOR this 21 st day of August, 2018.
ATTEST/AUTHENTICATE:
ristine Brown, City Clerk
Kol Medina, Mayor
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FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
August 17, 2018
August 21, 2018
August 24, 2018
August 21, 2018
2018-32
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