ORD NO. 2018-19 RELATING TO TREE REMOVAL & LANDSCAPING MAINTNENANCE W/EXHIBIT APage 1 of 10
ORDINANCE NO. 2018-19
AN ORDINANCE of the City of Bainbridge Island, Washington, relating to tree
removal permitting and tree and landscaping retention and maintenance
requirements; repealing and replacing Bainbridge Island Municipal Code Chapter
16.18 and amending Section 18.15.010.
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
(approved Ordinance No. 2015-04); and
WHEREAS, the Ad Hoc Committee then reviewed tree and landscaping regulations that
apply to the rest of the island, outside of the Winslow commercial zoning districts (approved
Ordinance No. 2016-01); and
WHEREAS, the last phase of the Tree/LID Ad Hoc Committee’s work was to review
tree regulations that apply to existing single-family development; and
WHEREAS, the Tree/LID Ad Hoc Committee discussed tree regulations that apply to
existing single-family development during their meetings throughout 2017 and into 2018; and
WHEREAS, the Tree/LID Ad Hoc Committee completed their recommendations on tree
regulations for single-family development in April 2018; and
WHEREAS, the Tree/LID Ad Hoc Committee recommendations for changes have been
integrated into Ordinance No. 2018-19; and
WHEREAS, the Tree/LID Ad Hoc Committee recommendations for changes to Chapter
16.18 BIMC include substantial reorganization, making it clearer to repeal and replace in full the
current Chapter 16.18 BIMC, as shown in Exhibit A to this ordinance; and
WHEREAS, the Planning Commission reviewed Ordinance No. 2018-19 at a study
session on June 7, 2018; and
WHEREAS, the Planning Commission conducted a public hearing on Ordinance No.
2018-19 on June 14, 2018, and continued to discuss the ordinance on July 26 and August 9; and
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WHEREAS, the Planning Commission recommended approval of Ordinance No. 2018-
19 on August 9 after integrating new regulations for “exceptional trees” intended to replace the
“landmark tree” requirements of Ordinance No. 2018-25; and
WHEREAS, on September 4, 2018, the City Council removed reference to “exceptional
trees” from proposed Ordinance No. 2018-19; and
WHEREAS, the City Council conducted a public hearing on Ordinance No. 2018-19 on
September 25, 2018; and
WHEREAS, the City Council continued discussion on Ordinance No. 2018-19 on
October 16, 2018, further amending the proposed ordinance; and
WHEREAS, on October 16, 2018, the City Council authorized the City Manager to
contract with a team of arborists for recommendations on how to revise Chapter 16.18 BIMC and
BIMC 18.15.010; and
WHEREAS, notice was given on June 11, 2018, 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. Chapter 16.18 of the Bainbridge Island Municipal Code is hereby repealed and
replaced as shown in Exhibit A.
Section 2. Section 18.15.010.A.2 of the Bainbridge Island Municipal Code is amended to
read as follows:
2. Specific Zone Districts. In addition to the regulations listed in subsection A.1 of this
Section:
a. For single-family residential development and redevelopment in the R-2.9, R-3.5,
and R-4.3 residential districts the intent is to preserve and enhance the City’s physical
and aesthetic character by retaining and maintaining trees within the residential
landscape.
ab. For single-family residential short plats and subdivisions in residential districts, the
intent is to preserve the greenbelts along designated scenic roadway corridors.
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bc. In the R-8 and R-14 multifamily residential districts, the intent is to screen urban
multifamily projects from adjacent lower density residential properties and to soften the
appearance of surface parking areas.
cd. For nonresidential uses outside the Winslow Mixed Use Town Center, High School
Road I and II, NC, B/I, and WD-I districts, the intent is to retain the natural landscape
qualities of the Island by retaining existing vegetated buffers to screen views of
structures and parking areas and to buffer between areas of high and low intensity uses.
de. In the Winslow Mixed Use Town Center central core and ferry terminal overlay
districts, the intent is to provide an urban character by incorporating landscape
standards; and to provide landscape development to screen uses from single-family
residential properties; and to soften the appearance of surface parking areas.
ef. In the Winslow Mixed Use Town Center, Ericksen Avenue and Madison overlay
districts, the intent is to retain the character of landscape front yards; and to provide
landscape development to screen uses from single-family residential properties; and to
soften the appearance of surface parking areas.
fg. In the Winslow Mixed Use Town Center gateway overlay district, the intent is to
retain the greenbelt located adjacent to SR 305 consistent with the greenways plan and
to provide landscape development to screen uses from single-family residential
properties.
gh. In the High School Road I and II districts, the intent is to provide landscape
development to screen uses from adjacent single-family residential properties and to
soften the appearance of surface parking areas.
hi. In the NC district, the intent is to incorporate landscape standards that support
pedestrian scale neighborhood uses compatible with the intensity of the surrounding
residential neighborhood; to minimize the impact of lighting, noise and views of surface
parking areas; and to provide a buffer between higher and lower intensity uses.
ij. In the B/I district, the intent is to provide a year-round vegetated screen and a noise
and site lighting buffer of industrial development from adjacent nonindustrial properties
and roadways.
jk. In the WD-I district, the intent is to provide landscape development that screens
parking lots and large structures, but allows visual access to the shoreline and small
scale active industrial facilities.
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Section 3. Section 18.15.010.B of the Bainbridge Island Municipal Code is amended to
read as follows:
B. Applicability.
1. All new development, except single-family residential building permits in the R-0.4,
R-1, and R-2 zones, shall be subject to the requirements of this section, except as
modified by subsections B.2 and B.3 of this section.
2. Projects subject to the conditional use permit process may be required to exceed the
requirements of this chapter.
3. Specific submittal requirements for landscaping plans (tree protection, retention and
planting plans) are included in the city’s administrative manual.
4. Specific landscape requirements applicable to development in each zone district are
indicated with an “X” and summarized in the following Table 18.15.010-1.
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Table 18.15.010-1: Landscape Requirements by Zone District
Landscape Requirements for Land
Uses and Districts
Significant
Tree and
Tree Stand
Retention
General
Regulations
Perimeter
Landscape
Roadside
Buffer
Parking Lot
Landscaping
Total Site Tree
Unit (TU)
Requirements
18.15.010.G
Planting
Requirements Irrigation Maintenance
Single-family Residential Properties in
R-2.9, R-3.5, and R-4.3 Zones X X X X X
Single-family Residential Short Plats &
Subdivisions X X (Cluster
Sub Only) X X X X
R-8 and R-14 Multifamily Districts X X X X X X X X
Nonresidential Uses in Residential
Districts
X X X X X X X X
Winslow
Mixed Use
Town Center
[1]
Central Core Overlay X X X [2] X X X X X
Ericksen Ave. Overlay X X X [2] X X X X X
Madison Ave. Overlay X X X [2] X X X X X
Gateway Overlay X X X [2] X X X X X
Ferry Terminal
Overlay
X X X [2] X X X X X
High School Road District X X X [2] X X X X X
NC District X X X X X X X
B/I District X X X X X X X
WD-I District X X X X X X X
[1] Refer to Chapter 18.18 BIMC for additional landscape requirements specific to the Mixed Use Town Center districts.
[2] Roadside buffer requirement is adjacent to Highway 305 only.
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Section 4. Section 18.15.010.C of the Bainbridge Island Municipal Code is amended to
read as follows:
C. General Regulations 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 16.12 (Shoreline Master Program) and 16.20 (Critical
Areas) BIMC, which remain 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 and 16.20 BIMC shall apply.
Section 5. 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 this section is to preserve the landscape character of the
community through 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-5, R-8, R-14, and NC zone districts, and (b)
each development approval for nonresidential development property in the R-5, R-
4.3, R-3.5, R-2.9, R-2, R-1, and R-0.4 zone districts, and (c) new and existing single-
family residential development in the R-2.9, R-3.5, and R-4.3 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
applications involving (a) any modification to a development parcel located in the
MUTC, HSR I and II, R-5, R-8, R-14, or NC 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, and (c) new and existing single-family residential development in the R-2.9,
R-3.5, and R-4.3 zones. If a substantial significant portion of a 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
G.4 of this section, upon mutual agreement. These provisions shall not apply to
projects involving only interior renovation of existing buildings.
3. Site Specific Evaluation of Total Impact on Tree Coverage.
a. In order to show how the tree unit requirements of subsection G.4 of this section
are being met, the applicant shall submit the following information as part of the
landscaping plan information for a land use permit application:
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i. Identify and survey all existing trees to be retained as part of the proposed
development. New and existing single-family residential development in the
R-2.9, R-3.5, and R-4.3 zone districts are required to only identify, not survey,
trees to be retained;
ii. If opting to meet tree unit requirements pursuant to subsection G.4.a.iv.iii of
this section, the applicant shall also 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). This
provision does not apply to new and existing single-family residential
development in the R-2.9, R-3.5, and R-4.3 zone districts.
b. In determining which trees will be retained on a property to meet the tree unit
requirements of subsection G.4, an applicant shall attempt to retain trees greater
than 15 inches, trees in tree stands, and trees adjacent to tree stands on adjacent
properties, unless such retention would prevent reasonable use of a property and
no other alternative is feasible.
c. A Tree Removal/Vegetation Maintenance permit pursuant to Chapter 16.18
BIMC is required to request removal of any tree that is contributing to a property
meeting the tree unit retention requirements of section G.4. Replanting may be
required to ensure that the property continues to meet the retention requirements.
4. Requirements.
a. A development application covered by subsection G.2 of this section shall only be
approved if it complies with the applicable requirements of subsections C
(General Regulations 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 G.4.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-5, R-8, R-14, HSR I and II, and NC 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.
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iii. In the R-4.3, R-3.5, and R-2.9 zone districts, existing single-family residential
development, developing single-family residences, and vacant parcels shall
have at least 30 tree units per acre following the proposed development,
redevelopment, and as part of ongoing property maintenance for existing
single-family development.
iv. iii. As an alternative to subsections G.4.a.i, and ii, and iii 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 G.4.a.iii of this section, the existing trees in those protected areas and
buffers will not count towards the “pre-development” amount of tree units.
5. Calculation of Tree Units.
a. Each tree preserved on a development parcel shall earn the number of tree units
shown in Table 18.15.010-5, 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).
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Table 18.15.010-5: Tree Unit Conversion Table for Preserved Trees [1]
DBH Tree Units DBH Tree Units DBH Tree Units
3 – 5 1.0 24 – 26 6.2 39 – 40 10.8
6 – 10 1.2 27 – 28 7.0 41 – 42 11.4
11 – 12 1.4 29 – 30 7.8 43 – 44 12.0
13 – 15 2.0 30 – 31 8.4 45 – 46 12.6
16 – 18 3.2 32 – 33 9.0 47 – 48 13.2
19 – 20 3.8 34 – 36 9.6 49+ 13.8
21 – 23 4.6 37 – 38 10.2
[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 18.15.010-5.
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 one and one-half times the tree unit value shown in
Table 18.15.010-5 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 two times the tree unit value shown in Table 18.15.010-5, and the tree
shall not receive additional bonus in subsections G.5.b.i and ii 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 one and one-half times the tree unit value shown in Table 18.15.010-5.
Exhibit A to Ordinance No. 2018-19
10/23/2018 Business Meeting
BIMC Chapter 16.18
Tree Removal, Forest Stewardship, and Vegetation Maintenance
16.18.010 Overview.
A. The policies presented in this chapter rest on an assumption that in the care of trees and
vegetation on their property, citizens will be guided by common sense and best practices,
responsive to the Purposes stated in section 16.18.025 below. Sanctions shall be applied
to activities that are found by the planning director to be reckless and destructive, and to
any action or negligence that adversely affects a neighboring property, pursuant to the
provisions of section 16.18.120 and other applicable provisi ons of the Code.
B. To a large extent, work carried out in landscaped yards and forested areas does not require
a permit (see section 16.18.040 below). However, property owners who are considering
major changes to the landscape and trees on their property should seek advice and
professional services from a licensed arborist who is certified by the American Society of
Consulting Arborists or the International Society of Arboriculture, or a landscape
professional who is certified by the City.
C. This chapter is one of several in the Municipal Code that pertain to the care of trees,
vegetation, and forested areas on Bainbridge Island. Its policies and non-regulatory
provisions pertain especially to the plans and ongoing activities of Island residents, outside
of their homes or places of business but on their own property, when the use and
enjoyment of the property involves stewardship and maintenan ce of trees and vegetation.
16.18.020 Findings.
A. Forested areas and trees on individual lots are integral parts of Bainbridge Island’s
character; they enhance the City’s appearance and livability, as well as providing significant
environmental benefits and natural resource values.
B. Conserving and managing the Island’s forested areas and native vegetation is a central
goal of the Bainbridge Island Comprehensive Plan: see Guiding Principles 1 & 5 and
related Policies; Goals LU-6, 12 & 13; EN-3, 4, 5, 18 & 19; WR-3 & 4; and Policies LU 4.10
& EN 15.3.
C. Trees are valued by homeowners and, when well cared for, enhance property values.
D. Removal of trees and understory vegetation, combined with extens ive disturbance of soils,
cause loss of habitat and wildlife, runoff and soil erosion, degradation of surface water and
aquifer recharge, and adverse impacts on air quality, as well as loss of aesthetic appeal.
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E. The community forest resources of the Island are best understood as a mosaic, with some
large and many small pieces, on publicly owned and private properties. When clearing for
development further fragments the mosaic, both individual and community interests are
affected.
F. On Bainbridge Island and elsewhere, exampl es exist to demonstrate that development for
residential and other uses can be compatible with careful conservation of forest conditions
and other natural features; and that such development can be cost-effective, attractive,
energy-efficient, and well adapted to our climate.
16.18.025 Purposes.
This Chapter is adopted for the following purposes:
A. To promote the public health, safety, and general welfare of Bainbridge Island citizens
without preventing the reasonable use of private property.
B. To preserve and enhance the City’s physical and aesthetic character, to promote the
healthy functioning of our Island’s natural systems, and to provide economic benefits to the
community, for the sake of present and future generations.
C. To implement the purposes of the State Growth Management Act relating to conservation
of natural resources, pursuant to RCW 36.70A.
D. To implement goals and policies in the current Comprehensive Plan, the Community Forest
Management Plan (2006), the Bainbridge Island Open Space Study (October 2008), and
the Bainbridge Island Community Wildfire Protection Plan (2010), or subsequent updated
versions.
E. To promote forest stewardship practices and carefully planned development that results in
minimal disturbance to the prior conditions of a property and neighboring properties.
F. To implement a long-range policy of maintaining the Island’s forest canopy cover while
taking measures to prevent wildfires and protect structures in accordance with
recommendations of the Bainbridge Island Fire Department .
G. To allow limited tree and vegetation removal to provide for solar access, agriculture and
gardens.
H. To promote infiltration of stormwater and aquifer recharge; to minimize erosion and prevent
pollution; to prevent landslides; to protect the waters of Puget Sound and the quality and
quantity of water in wells.
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I. To maintain in a healthy state significant trees, clusters of trees, and forested areas,
allowing for thinning, pruning, removal of invasive and undesirable vegetation, selective
harvest and replanting, developing and ma intaining trails, and removal of dead, or
dangerous trees.
16.18.030 Applicability.
Provisions of this chapter appl y citywide to all properties where trees and naturally occurring
vegetation are found, except where the following chapters of the Municipal Code apply:
A. This chapter does not apply to any portion of a parcel that is identified as a critical area
pursuant to BIMC Chapter 16.20 Critical Areas, including designated aquifer recharge
protection areas (ARPAs) or prescribed critical area buffers or setbacks. BIMC Chapter
16.20 applies to critical areas, designated ARPAs, and buffer zones , and critical area
setbacks.
B. This chapter does not apply to the portion(s) of a shoreline property within 200 feet
landward of an Ordinary High Water Mark, where the regulations of BIMC 16.12 (the
Shoreline Master Program) apply.
16.18.040 Activities Allowed without a Permit.
The following activities are allowed without a Tree Removal /Vegetation Maintenance Permit,
subject to any other applicable City regulations .
A. Routine landscaping and maintenance of vegetation, such as pruning and planting, removal
of invasive/exotic species, management of brush and seedling trees. Pruning should
comply with ANSI A300 (Part 1 – 2017) Tree, Shrub and Other Woody Plant Management
– Standard Practices to maintain long term health. This includes maintenance of trees and
vegetation required to be retained or planted through a land use permit such as a
subdivision, site plan review, or conditional use permit.
B. Outside of the Mixed Use Town Center and High School Road zoning districts, r emoval of
some healthy significant trees (see section 16.18.130 Definitions) is allowed without a
permit, except for trees required to meet any tree retention provisions of this chapter, BIMC
18.15.010 (Landscaping, Screening, and Tree Retention, Protection and Replacement),
BIMC 17.12 (Subdivision Design Standards) or other applicable provisions of the Code.
1. On a lot that is larger than one acre, a property owner may remove up to six significant
trees in any 36-month period without a permit.
2. On a lot one acre or less in size, a property owner may remove up to three significant
trees in any 36-month period without a permit.
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3. After the tree removal limits of this section have been reached, see sections 16.18.050,
16.18.060, and 16.18.070 related to obtaining a Tree Removal/Vegetation Maintenance
Permit.
C. Removal of trees and ground cover in emergency situations involving immediate danger to
life or structure or substantial fire hazards. If this activity would ordinarily require a tree
removal/vegetation maintenance permit, it shall be obtained as soon as possible after the
emergency situation is stabilized.
D. Removal of dead, or fallen trees. The city encourages property owners to leave dead trees
in place for ecological benefit such as wildlife snags or nurse logs where possible. If a
standing dead tree poses a hazard, creating a shorter wildlife snag is recommended.
E. Routine maintenance activities in rights -of-way and required roadside buffers, including
removal of hazard trees and invasive/exotic species, trimming of overgrown hedges,
thinning and planting to replace removed vegetation to control vegetation on road and utility
rights-of-way (see BIMC Chapter 12.04).
F. The installation and maintenance of fire hydrants, water meters, and pumping stations, and
street furniture by the city or utility companies or their contractors.
G. Pruning and limbing of significant trees that are required to be retained, to remove dead or
hazardous branches, and to improve the tree’s form and long-term vitality, provided that
such work is done by an ISA certified arborist.
16.18.050 Activities Requiring a Permit.
The following activities require an applicant to obtain a Tree Removal / Vegetation
Maintenance Permit prior to commencing:
A. A permit is required for any tree removal or vegetation maintenance in an area required to
be retained or planted, pursuant to BIMC 18.15.010, through a land use permit such as a
subdivision, a site plan review, or a conditional use permit . Tree retention requirements for
the R-2.9, R-3.5 and R-4.3 single-family residential zones (BIMC 16.18.050.E) also apply
(see below).
B. For developed properties located within the Mixed Use Town Center and High School Road
zoning districts, a tree removal / vegetation maintenance permit is required for removing
any tree eight inches in diameter or greater, measured 4.5 feet above grade. The applicant
must demonstrate that the requested removal meets one of the following criteria:
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1. The tree is dead, or determined to be hazardous, as certified by an International Society
of Arboriculture (ISA) Tree Risk Assessment Qualified (TRAQ) arborist ; or
2. The removal is necessary to allow reasonable use or enable permitted construction, and
no alternative is feasible; or
3. The removal is necessary to maintain utilities, provide access, or fulfill the terms of an
easement or covenant recorded prior to the adoption of the ordinance codified in this
chapter.
C. For undeveloped properties within the Mixed Use Town Center and High School Road
zoning districts, a tree removal/ vegetation maintenance permit is required to remove any
tree except trees that are hazardous, dead, fallen, or contributing to an emergency. The
tree removal permit will be reviewed for consistency with any applicable provisions of BIMC
18.15.010 that would apply to future development permits.
D. For properties located outside of the Mixed Use Town Center and High School Road
zoning districts, a tree removal / vegetation maintenance permit is required for removing
more than the number of significant trees allowed without a permit, pursuant to section
16.18.040.B above. A permit is required:
1. On a lot that is larger than one acre, a property owner needs an approved permit to
remove seven or more significant trees in any 36-month period, up to any retention
requirements of section E (if applicable).
2. On a lot one acre or less in size, a property owner needs an approved permit to remove
four or more significant trees in any 36-month period without a permit, up to any retention
requirements of sections E (if applicable).
E. In the R-4.3, R-3.5 and R-2.9 zoning districts, existing single-family residential
development, developing single-family residences and vacant parcels shall retain at least
30 tree units per acre, or at least as many tree units as the property had on October 31,
2018), pursuant to BIMC section 18.15.010.G. Replanting may be required as described in
BIMC section 18.15.010.G.
16.18.060 General Regulations and Standards.
A. While non-native and invasive species should be kept under control and eradicated if
possible, native understory vegetation shall be maintained and land disturbing activity shall
be kept to a minimum. Stump pulling and use of heavy equipment is only allowed if the
activity will not affect the health of adjacent trees.
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B. An applicant shall protect any trees or landscaped area that must be retained during
approved tree removal or vegetation maintenance work, pursuant to the protection
provisions of BIMC 18.15.010.C.4.
C. Once a portion of a property is cleared, the property owner shall ensure that invasive
species do not reestablish or expand into cleared areas.
D. Any tree or vegetation removal or maintenance undertaken without a permit pursuant to
this section shall be done to ensure long -term health of the trees or vegetation. A property
owner shall follow the ANSI A300 (Part 1 – 2017) Tree, Shrub and Other Woody Plant
Management – Standard Practices (Pruning) or 60% live-crown ratio, whichever standards
is more appropriate for the species.
E. A forest practice permit from the State Department of Natural Resources may be required
pursuant to RCW 76.09. Failure to obtain a forest practice permit when applicable shall be
grounds for denial of all applications for permits or approvals, including building permits and
subdivision approvals, relating to non-forestry uses of the land for a period of six years, in
accordance with RCW 76.09.060.
16.18.070 Tree Removal/Vegetation Maintenance Permit Administration and Review
Process.
A. For activities requiring a permit, the process begins with submission of a complete permit
application, usually after discussion of the proposed activity with a member of the Planning
staff.
B. Tree removal and vegetation maintenance activities shall comply with this chapter’s
provisions for permits and related regulations. Permits for tree removal / vegetation
maintenance may require the planting of replacement trees and/or other City permits such
as a Site Assessment Review (BIMC Chapter 15.19).
C. The planning director shall grant a tree removal / vegetation maintenance permit if the
application meets the requirements of this chapter and is consistent with other relevant city
codes, including but not limited to Chapters 15.19, 15.20, 16.12, 16.20, 17.12, 18.15.010
BIMC. If the tree removal permit application is denied, the decision may be app ealed
pursuant to BIMC 16.18.110.
D. No work authorized by a tree removal / vegetation maintenance permit shall commence until
a permit notice has been posted by the applicant at a conspicuous location on the subject
property. The notice shall describe specific plans for tree removal and land disturbing
activity and shall remain posted in said location until the authorized tree removal has been
completed.
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E. Any tree removal / vegetation maintenance permit granted under this chapter shall expire
one year from the date of issuance. Upon a showing of good cause, the permit may be
extended for six months by the planning director. Approved tree removal permits shall not
be amended without authorization of the planning director.
F. A tree removal / vegetation maintenance permit may be suspended or revoked by the
planning director because of incorrect information supplied or any violation of the provisions
of this chapter.
16.18.080 After-the-fact Tree Removal/Vegetation Maintenance Permit.
A. In response to a report that one or more trees have been removed improperly or vegetation
maintenance activity did not comply with requirements of the BIMC, the City’s Code
Enforcement Officer shall investigate. If in fact the reported activity was legitimate without
a permit, no action will be taken. If the reported activity would have been allowed if a
permit had been applied for, an after-the-fact Tree Removal/Vegetation Maintenance
Permit shall be issued. The person or persons responsible for unauthorized tree removal
shall be made aware of all the conditions for approval and any applicable regulations and
remedies. The fee for an after -the-fact permit shall be established by a resolution of the
City Council.
B. If the reported activity would not have been permitt ed, entirely or in some particulars, the
Code Enforcement Officer, in consultation with the planning director or the city attorney,
shall follow the procedures for Enforcement and penalty in section 16.18.120 of this
chapter.
16.18.090 Mitigation and Restoration
A. For alterations to or removal of significant trees or vegetation that require a permit under
this chapter, the following minimum performance standards for mitigation shall be met
when replanting or other mitigation is required; provided, that if the applicant can
demonstrate that greater functions or values can be obtained through the application of
different standards, these standards may be modified:
1. Historic structural and functional values shall be restored, including water quality and
habitat functions;
2. Historic soil types and configuration shall be replicated;
3. The disturbed area shall be replanted with vegetation that replicates the vegetation
historically found on the site in species types, sizes, and densities. The historic
functions and values should be replicated at the location of the alteration;
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4. Any applicable tree retention or replanting requirements shall be met through
restoration, if required.
B. Information demonstrating compli ance with the requirements of this section shall be
submitted to the director.
16.18.100 Performance assurance.
A. The planning director may require, as a condition for the granting of a permit, that the
applicant furnish a performance assurance in a form approved by t he planning director, in
order to obligate the applicant, after the approved tree removal has been accomplished, to
complete all required replanting, erosion control, and cleanup on the property. The surety
device shall be in an amount equal to the estimated cost of such services, with surety and
conditions satisfactory to the planning director.
B. In order to stay enforcement, the director may choose to en ter into a voluntary correction
agreement (VCA). This is a civil contract entered between the City and the applicant. The
VCA will outline several performance items that will be required within an agreed -upon time
frame.
16.18.110 Appeals.
Appeals of the planning director’s decision on a tree removal/vegetation maintenance permit
application shall be in accordance with the administrative decision procedures established in
Chapter 2.16 BIMC.
16.18.120 Violations, Restoration and Enforcement
A. It is a violation of this chapter for any person to fail to comply with a requirement of this
chapter. It is also a violation of this chapter for any person to:
1. Initiate or maintain, or cause to be initiated or maintained, the removal of significant
tree(s) or native vegetation within the city without first obtaining permits or
authorizations required by this chapter, or in a manner that violates the terms or
conditions of such permits or authorizations or this chapter;
2. Misrepresent any material fact in any application, plans or other information submitted
to obtain permits or authorizations under this chapter; or
3. Remove or deface any sign, notice, complaint, or order required by or posted in
accordance with this chapter.
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B. When a significant tree or vegetation has been removed or altered in violation of this
chapter, all ongoing development work shall stop, and the significant tree or vegetation
shall be restored or replaced. The city shall have the authority to issue a stop work order
to cease all ongoing development work, and order restoration, rehabilitation, or
replacement measures at the owner’s or other responsible party’s expense to
compensate for violation of provisions of this chapter.
C. Restoration Plan Required. All development work shall remain stopped until a restoration
plan is prepared and approved by the director. Such a plan shall be prepared by a
qualified professional using the best available science and shall describe how the actions
proposed meet the minimum requirements de scribed in subsection 16.18.090 of this
chapter. The director shall, at the violator’s expense, seek expert advice in determining
the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator
for revision and resubmittal.
D. Site Investigations. The director is authorized to make site inspections and take such
actions as are necessary to enforce this chapter. The director shall present proper
credentials and make a reasonable effort to contact any property owner before entering
onto private property.
E. Penalties. Any development or activity carried out contrary to the provisions of this
chapter shall constitute a public nuisance and may be enjoined as provided by the
statutes of the state of Washington. Enforcement of this cha pter and the imposition of
penalties for violations of this chapter shall be as provided for in Chapter 1.26 BIMC;
provided, that in addition to the civil penalties provided for in BIMC 1.26.090, an
additional penalty shall be imposed on any person, party, firm, corporation, property
owner, or other legal entity who fails to complete a required restoration plan, who
conducts any disturbance (including cutting or removing trees or vegetation) in violation
of this chapter, or who is otherwise in violation of this chapter .
For such violations, the additional penalty shall be in the amount equal to 200 percent of
the cost of restoration as approved under a restoration plan pursuant to subsections C
and D of this section for a minor violation . For a major violation, the additional penalty
shall be in the amount equal to 200 percent of the cost of restoration as approve d under
a restoration plan pursuant to subsections C and D of this section , or $2,500, whichever
is greater. The director shall determine whether the disturbance is a minor or major
violation. Any person, party, firm, corporation, or other legal entity who knowingly and
willfully refuses to complete a required restoration pursuant to subsections C and D of
this section shall be guilty of a misdemeanor punishable by not more than 30 days in jail
and/or not more than a $1,000 fine.
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16.18.130 Definitions.
“Applicant” means a person, corporation, or organization that files an application for a land use
or development permit with the city: either the owner of the land in question, or the authorized
agent of such a person.
“Aquifer recharge protection area (ARPA)” means a portion of a development site comprised of
native or equivalent vegetation in which existing vegetation, topography and supporting soils
are free of development, uses or activities detrimental to the aquifer recharge of the total site
area.
“Arborist” means an individual engaged in the profession of arboriculture who, through
experience, education, and related training, possesses the competence to provide for or
supervise the management of trees and other woody plants. Must be concurrently an
International Society of Arboriculture (ISA) Certified Arborist to perform any role required of a
Certified Arborist.
“Arborist, ISA Certified” means an arborist holding a current International Society of
Arboriculture (ISA) Certified Arborist credential .
“Arborist, Tree Risk Assessment Qualified (TRAQ)” means an arborist who has successfully
completed the International Society of Arboriculture (ISA) TRAQ training course and
assessment and holds a valid ISA TRAQ credential.
“Clearing” means the destruction and removal of vegetation by manual, mechanical, or
chemical methods.
“Invasive / exotic species” means opportunistic plant species (either native or non -native) that
colonize disturbed ecosystems and may come to dominate the plant community in ways that
are seen by us as reducing the values provided by the previous plant community.
“Land disturbing activity” means any activity that results in a change in the existing soil cover
(both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing
activities include, but are not limited to, clearing, grading, filling and excavation. Compaction
that is associated with stabilization of structures and road construction shall also be conside red
a land disturbing activity. Vegetation maintenance practices are not considered land disturbing
activity. Stormwater facility maintenance is not considered land disturbing activity if conducted
according to established standards and procedures.
“Low i mpact development (LID)” means a stormwater and land use management strategy that
strives to mimic pre-disturbance hydrologic processes of infiltration, filtration, storage,
evaporation and transpiration by emphasizing conservation, use of on -site natural features,
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site planning, and distributed stormwater management practices that are integrated into a
project design.
“Low impact development best management practices (LID BMPs)” means distributed
stormwater management practices, integrated into a project design, that emphasize pre-
disturbance hydrologic processes of infiltration, filtration, storage, evaporation and
transpiration. LID BMPs include, but are not limited to: bioretention, rain gardens, permeable
pavements, roof downspout controls, dispersion, improvements to soil quality and depth,
minimal excavation foundations, vegetated roofs, and water re -use.
“Significant tree” means a: (1) a live evergreen tree 10 inches in diameter or greater, measured
four and one-half feet above existing grade; or (2) a live deciduous tree 12 inches in diameter
or greater, measured 4.5 feet above existing grade; or (3) in the Mixed Use Town Center and
High School Road zoning districts, any live tree eight inches in diameter or greater, measured
4.5 feet above existing grade; or (4) any live trees located within a required critical area or
critical area buffer as defined in Chapter 16.20 BIMC.
“Vegetation” means plant matter, including trees, shrubs and ground cover.