HomeMy WebLinkAbout2837 Tree ConservationORDINANCE 2837
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND RELATING TO TREE CONSERVATION; ESTABLISHING
A NEW PORT TOWNSEND MUNICIPAL CODE CHAPTER 19.06 TREE
CONSERVATION; AND AMENDING SECTIONS OF TITLE 18 - LAND
DIVISION, TITLE 17 - ZONING, TITLE 20 ADMINISTRATIVE
PROCEDURES REGARDING CROSS REFERENCES AND
ADMINISTRATION OF LAND DEVELOPMENT REGULATIONS
RELATING TO CHAPTER 19.06; AND AMENDING CHAPTER 12.24
STREET AND PARK TREES TO ESTABLISH A LANDMARK TREE
PROGRAM AND URBAN FORESTRY ACCOUNT; AND ADOPTING
CHAPTER 2.71 CREATING A CITY TREE COMMITTEE TO ALLOW
THE CITY TO OBTAIN TREE CITY USA STATUS
WHEREAS, RCW 76.09.240 requires cities and counties to assume jurisdiction over
Class IV Forest Practice Approvals from the State Department of Natural Resources (DNR) prior
to December 31, 2005;
WHEREAS, the Port Townsend Comprehensive Plan, Chapter IV - Land Use Element,
states the following:
Goal 2: To protect, sustain and manage Port Townsend's natural resource lands and
environmentally sensitive areas for present and future generations.
Policy 2.5: Petition the Department of Natural Resources for lead agency status
on all Forest Practice Applications (FPA) as timberlands within the City are
"likely to convert" because of Port Townsend's status as an urban growth area
(UGA); and
WHEREAS, the Port Townsend Municipal Code (PTMC) currently contains standards
to prevent erosion during clearing and grading activities and requires landscaping as a condition
of most types of development projects, but the PTMC lacks standards to prevent speculative
clearcutting prior to developing land through subdivision, site plan, or building and
infrastructure; and
WHEREAS, on February 25, 2002 the Port Townsend City Council adopted Ordinance
2799, an ordinance establishing interim standards for tree clearing and planting for a period of 6
months to provide time for the City to form a citizen's advisory committee and develop a
permanent tree management ordinance while preventing damage resulting from speculative tree
clearing; and
WHEREAS, the City Council extended Ordinance 2799 for a total of 18 months to allow
for the completion of a replacement ordinance; and
Page 1 Ordinance 2837
WHEREAS, the citizen advisory committee consisted of a variety of Port Townsend and
Jefferson County citizens, and represented a broad variety of interest groups including: a realtor,
architect representing the Jefferson County Homebuilder's Association, two retired forest service
staff persons, a tree professional, a plant and seeds specialist, a nursery owner, a current staff
member of the Department Natural Resources Forest (DNR) Practices Division. The committee
was staffed by the Building and Community Development Department and also received
presentations from the DNR office of Urban Forestry; and
WHEREAS, the citizen's advisory committee was formed in early summer, 2002 and
continued to meet through the end of the year, forwarding a series of recommendations to the
Planning Commission as well as a draft Tree Conservation ordinance in February 2002. In
addition to adopting standards for tree conservation and forest practices, the committee strongly
recommended the City obtain National Arbor Day Foundation "Tree City USA status" as an
excellent framework to promote urban forestry in Port Townsend; and
WHEREAS, the City's State Environmental Policy Act (SEPA) Responsible Official
issued a determination of non-significance on January 15, 2003 for the proposed code
amendments; and
WHEREAS, a 60-day notice of intent to adopt the tree conservation ordinance was sent
to the State Office of Community Development in January 2002; and
WHEREAS, after timely notice and numerous public workshops, the Planning
Commission on July 31, 2003 and at a continued public hearing on August 14, 2003 held a
public hearing to accept public testimony. At the conclusion of the public hearing the Planning
Commission recommended that the Tree Conservation Standards (Chapter 19.06) as well as the
Tree City USA/Landmark Tree amendments be added to the city code; and
WHEREAS, the City Council held a public workshop on August 18, 2003 to consider
proposed Chapter 19.06 Tree Conservation. On September 2, 2003, after timely notice, the City
Council held a public hearing to accept public testimony; and
WHEREAS, the City Council determines that Chapter 19.06 - Tree Conservation
(Exhibit A) is needed to comply -~th the transfer of jurisdiction of Forest Practice Approvals per
RCW 76.09.240, to prevent pre-development clearcutting, and to promote tree conservation as
part of new development projects; and
WHEREAS, the City Council also determines that the proposed amendments to PTMC
Titles 17, 18, and 20 (Exhibit B) which cross reference new Chapter 19.06 - Tree Conservation,
are procedural in nature and are needed to implement that new chapter to the municipal code;
and
WHEREAS, the City Council also determines that the proposed amendments to Chapter
12.24 Street and Park Trees, Chapter 12.04, Transportation and Rights-of-way Improvement
Standards, and new chapter 2.71 Tree Committee (Exhibit C) are needed to allow the city to
Page 2 Ordinance 2837
obtain "Tree City USA" status, establish a voluntary landmark tree program, and establish an
urban forestry account to promote urban forestry and healthy street trees in the city;
NOW, THEREFORE, based upon the foregoing FINDINGS, and based upon the
record before the Port Townsend Planning Commission and City Council, the City Council
hereby ordains as follows:
SECTION 1. New Chapter 19.06 Tree Conservation. New Chapter 19.06
Tree Conservation, attached as Exhibit A, and incorporated herein, is hereby adopted and
added to the Port Townsend Municipal Code; and
SECTION 2. Amendments. Titles 18 - Land Division, 17 - Zoning, and 20 -
Administration of Land Development Regulations are hereby amended as specified in
attached Exhibit B, and incorporated herein (strike is deleted, underline is new); and
SECTION 3. Amendments, and New Chapter 2.71 Tree Committee. Chapter
12.24, Street and Park Trees, of the Port Townsend Municipal Code (PTMC) and Chapter
12.04, Transportation and Rights-of-way Improvement Standards, are amended, and new
Chapter 2.71 Tree Committee is added as specified in attached Exhibit C and
incorporated herein (for Chapter 12 strike is deleted, underline is new).
SECTION 4. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a special
meeting thereof, held this twenty-second day of September, 2003.
Attest:
Approved as to Form:
Mayor
Pamela Kolacy, CMC, City Clerk(3
Page 3 Ordinance 2837
EXHIBIT "A"
SECTION 1. New Chapter 19.06 Tree Conservation is hereby added to the Port
Townsend Municipal Code:
TREE CONSERVATION
Sections:
Article I. General Provisions
19.06.010 Purpose.
19.06.020 Applicability
19.06.030 Relationship to RCW 76.09.
19.06.040 Definitions.
Article II. Tree Conservation Permit Approvals
19.06.050 Purpose.
19.06.060 Exemptions.
19.06.070 Exemptions Requiring Written Approval
19.06.080 Tree Conservation Permit Approvals.
Article III. Standards for Tree Conservation
19.06.090 Purpose.
19.06.100 Tree Conservation Plans - Applicability.
19.06.110 Tree Conservation Plans - Contents.
19.06.120 Tree Conservation Standards.
19.06.130 Standards for Trees to be Retained or Planted.
19.06.140 Residential Development Tree Location Requirements.
19.06.150 Protection of Trees Before and After Development.
19.06.160 Tree Conservation Affidavits - Development on Sites with Prior Approved
Tree Conservation Plans.
19.06.170 Review of Tree Conservation Plans and Affidavits.
19.06.180 Maintenance Requirements.
19.06.190 Time Limitations.
Article IV - Administration, Appeals, and Enforcement
19.06.200
19.06.210
19.06.220
19.06.230
19.06.240
19.06.250
19.06.260
19.06.270
Permit Procedures and Appeals.
Minor Modifications to Approved Tree Conservation Permit Approvals or Tree
Conservation Plans.
Variances.
Fees.
Enforcement.
Liability of the City.
Severability.
Appendix A - Tree Conservation Affidavit Form.
Page 1 Ordinance 2837
Exhibit A
Article I. General Provisions
19.06.010 Purpose.
A. Promote the preservation and growth of healthy, vigorous trees in the City of Port Townsend.
The known benefits associated with trees and tree cover include but are not limited to: the
filtration of groundwater; the reduction of surface water runoff; flood control; the provision of
fish and wildlife habitat; the maintenance of water quality; the cleansing of the air; the abatement
of noise; and the conservation of energy.
B. Recognize that healthy older trees provide substantially more canopy and benefits than newly
planted trees.
C. Acknowledge that Port Townsend is an established urban growth area and as such is an
appropriate location for urban level development.
D. Recognize that the indiscriminate removal of trees and tree cover prior to project permit
approval poses a threat to the city of Port Townsend's environmental quality, aesthetic character,
and quality of life enjoyed by its residents. Where land clearing is the first step in converting a
site to a nonforestry use, require the retention of some existing trees so that they may be
incorporated into the final site development.
E. On lots less than 40,000 square feet containing existing homes, individual homeowners will
be allowed to choose and manage their own landscaping without the necessity of obtaining
permits under this chapter. The city will endeavor to offer educational opportunities to
homeowners on proper tree care. Larger lots that meet minimum tree conservation standards
shall also be exempt from this chapter.
F. Allow thinning of forested properties to improve overall tree health by retaining the most
vigorous trees and harvesting overcrowded and less desirable trees.
19.06.020 Applicability.
A. This chapter applies to the removal or topping of trees in the city limits of Port Townsend
and is organized into the following sections:
1. Article I - General Provisions contains introduction and definitions and general
provisions that apply to the remainder of chapter 19.06.
2. Article II - Tree Conservation Permits provides permitting requirements and
standards for certain tree removal activities including pre-development logging and thinning. It
is the intent of Article II to allow the city to comply with RCW 76.09.240 which requires cities
and counties to assume jurisdiction over Class IV - General Forest Practices. Where an
applicant is also applying for a concurrent development project such as a commercial site plan,
multi-family project, residential subdivision, etc., these activities which require separate permit
approval are exempt from the requirement of obtaining a "tree conservation permit" subject to
complying with the "tree conservation standards" of Article III as part of their other project
permit approvals (commercial site plan approval, multi-family design review, preliminary plat
approval, etc.). Article II also addresses tree removal on developed properties while allowing
broad exemptions for single family residences on existing lots, conditional exemptions for single
family residences on large lots (over 40,000 s.f.), exemptions for hazard tree removal, and
qualified exemptions for tree removal on developed commercial, mixed use, and multi-family
residential sites.
3. Article III - Standards for Tree Conservation establishes minimum standards for
tree conservation required for projects that require tree conservation permits, or for projects that
Page 2 Ordinance 2837
Exhibit A
normally require landscaping plans (such as commercial site plans, subdivisions, multi-family
design review, etc.). Article III does not create a separate permit process but rather establishes
the standards for tree conservation, tree protection during development or tree removal activities,
and tree selection and planting for new trees. These standards are intended to augment existing
landscaping standards_contained in the Port Townsend Municipal Code and provide incentives
for tree retention during project development and clear and consistent standards for tree planting
for new development projects.
19.06.030 Relationship to RCW 76.09.
A. The application of this Chapter to forest practice activities regulated by the Washington State
Forest Practices Act (RCW 76.09) shall be limited to: 1. Class IV-General forest practices;
2. Class I forest practices within the city limits of Port Townsend that involve timber
harvesting or road construction;
B. This Chapter is intended to allow the City of Port Townsend to assume jurisdiction for
approval of Class IV-General forest practices approvals, hereinafter referred to as "tree
conservation permit approvals," occurring in the city of Port Townsend, as authorized under the
Washington State Forest Practices Act, RCW 76.09. Until such time as jurisdiction for these
permits is transferred to the City by the State Department of Natural Resources, the City will act
as the State Environmental Policy Act (SEPA) lead agency for all Class IV-General forest
practice approvals occurring within the city limits.
19.06.040 Definitions.
In addition to the following definitions, this chapter shall rely upon existing definitions
contained within the Washington State Forest Practices Act (RCW 76.09), Rules for the
Washington State Forest Practices Act (WAC 222-16), and the Port Townsend Municipal Code.
A. "Canopy area" means the area covered by the crown of an individual tree as delineated
by the vertical projection of its outermost perimeter; small openings in the crown are
included.
B. "Canopy Cover" means the percentage of property area covered by the sum canopy area of
the trees to be retained on the site post-development as delineated by the vertical projection of its
outermost perimeter of the tree branches. Small openings in the canopy are included.
C. "Co-dominant trees" means trees whose crowns form the general level of the canopy cover
and receive full light from above, but limited light from the sides.
D. "Contiguous" means having a common border with, but not separated from, such common
border by a public right-of-way.
E. "Crown" means the area of the tree containing leaf or needle-bearing branches.
F. "Crown thinning" means the selective removal of branches in a tree crown to increase light
penetration, reduce weight, and lessen wind resistance.
G. "Department" means the city of Port Townsend Office of Building & Community
Development (BCD).
H. "Development" means any man made alteration, grading, filling, building, earth moving, etc.
as is needed to prepare a site for construction, as well as any structure or utility building
operations. Preliminary mapping and survey work that is completed using best management
practices and results in insignificant disturbance of vegetation and soil is not considered to be
development activity.
Page 3 Ordinance 2837
Exhibit A
I. "Diameter at breast height (d.b.h.)" means a tree's trunk diameter in inches measured 4- ½
feet above the ground.
1. On multi-stemmed or trunked trees, where the diameter at 4½ feet above grade is
actually greater that at a lower point on the tree, d.b.h, shall be measured at the narrowest
diameter below 4½ feet. In such cases the height of the measurement should be noted.
4.5 ft
Illustration # 1 a - Multi-trunked tree
Preferred
diameter 4.5 ft
Illustration #lb - Multi-tmnked tree
2. On sloping ground, diameter shall be measured from the uphill side of the tree.
USDA F$ ~
Illustration #2a - Tree on Sloping Ground
3. Leaning trees, diameter shall be measured 4 ½ feet up the stem in the direction of the
lean.
45ft5 ~~
,
llustration 3a- Leaning tree
4. On multi-trunked trees, where tree splits into several trunks close to ground level, the
diameter shall be the diameter equivalent to the sum of each individual trunk measured according
to the principals listed above.
Page 4 Ordinance 2837
Exhibit A
4.5
Illustration #4a - Multi-trunk tree, close to ground
J. "Director" means the Director of the city of Port Townsend Office of Building and
Community Development (BCD) or an assigned designee.
K. "Diseased tree" means a tree, that in the opinion of the city of Port Townsend BCD or an
expert approved by the city of Port Townsend (such as but not limited to an experienced forester,
certified arborist, or landscape architect), has a strong likelihood of infecting other vegetation in
the area or becoming a hazard as a result of the disease.
L. "Dominant trees" means trees whose crowns are higher than the general level of the canopy
and which receive light from the sides as well as from above.
M. "Environmentally sensitive areas (ESAs)," also defined as "critical areas" by the
Washington State Growth Management Act. These environmentally sensitive areas in Port
Townsend are geologically hazardous areas, frequently flooded areas and critical drainage
corridors, wetlands, aquifer recharge areas, and fish and wildlife habitat conservation areas and
are regulated by PTMC 19.05.
N. "Forest land" as defined in the Washington State Forest Practice Act means all land that is
capable of supporting a merchantable stand of timber and is not actively used for a use which is
incompatible with timber growing.
O. "Forest practice" means any activity conducted on or directly pertaining to forest land
and relating to the growing, harvesting, or processing of timber, including but not limited to:
road and trail construction; harvesting, final and intermediate; site preparation prior to
development involving tree removal; precommercial thinning; reforestation; fertilization;
prevention and suppression of diseases and insects; salvage of trees; and brush control.
P. "Hazard tree" shall mean any tree which, in the opinion of the city of Port Townsend BCD
Department or an expert approved by the city of Port Townsend (such as but not limited to a
professional forester, certified arborist, or landscape architect), poses an unreasonable risk of
failure and is a distance of 1 ½ tree length or less from a permanent structure or high use outdoor
area.
Q. "Intermediate trees" means trees that are generally surrounded by other trees and whose
crowns generally receive no sunlight from the sides but do receive some direct sunlight from
above through holes in the tree canopy.
R. "Limbing" means the act of removing unwanted limbs, or branches, from a tree. For
example, limbing may be used to remove large branches hanging dangerously over a house
without removing the whole tree.
S. "Lot" means a designated parcel, tract or area of land established by plat, subdivision, or as
otherwise permitted by law, to be separately owned, used, developed, or built upon.
T. "Native trees" means trees that are indigenous to the Olympic Peninsula. BCD will
maintain a list of native trees.
Page 5 Ordinance 2837
Exhibit A
U. "Nuisance Tree" shall mean any tree which, in the opinion of the city of Port Townsend
BCD Department or an expert approved by the city of Port Townsend (such as but not limited to
a professional forester, certified arborist, or landscape architect), is an invasive variety, is an
allergen, or due to its location, is causing or is likely to cause significant damage to a permanent
structure that cannot be mitigated without removal of the tree.
V. "Priority trees" means existing trees with a diameter of 24" or greater, or that are at least
100 years old, or provide significant habitat value. These trees are given high priority for
retention per this chapter.
W. "Project permit" or "project permit application" means any land use or environmental
permit or license required from the city for a project action, including but not limited to
subdivisions, planned unit developments, conditional uses, shoreline substantial development
permits, permits or approvals required by the environmentally sensitive area ordinance (Chapter
19.05 PTMC), site-specific rezones authorized by the Port Townsend comprehensive plan or a
formally adopted subarea plan.
X. "Suppressed trees" means trees that receive no direct sunlight from the sides Or above due
to surrounding tree canopy. May receive limited filtered sunlight. Generally weak and slow
growing.
Y. "Tree" means any woody plant commonly having one main stem or trunk topped by a
foliage canopy that will reach a minimum height of 20 feet at maturity.
ZZ. "Topping" means a pruning cut to the main stem of a mature tree. Such cuts can result in
serious decay and/or forcing out growth of weakly attached upright sprouts below the cut.
Topping also results in permanent alteration of tree architecture. For the purposes of this
chapter, topping, shall be treated the same as tree removal.
AA. "Tree unit" is a measurement to give value to the number of trees retained on a site. Table
19.06.120 assigns "tree unit credits" based upon the size of existing or newly planted trees.
Utilizing tree units allows larger, older trees to be given more value than younger smaller trees.
For new trees, tree units can vary for the size that the trees will reach at maturity (smaller size at
maturity, fewer tree unit credits).
BB. "Tree protection area" means a protective zone established around the canopy area of a
tree or tree stand to prevent damage or destruction during construction and site development
activities.
CC. "Windfirm" means a tree that is capable of withstanding average peak local wind speeds
and gusts without experiencing major breakage or windthrow.
DD. "Windthrow" means the uprooting or breaking of a tree due to excessive wind.
Article II. Tree Conservation Permit Approvals
19.06.050 Purpose.
A. Article II - Tree Conservation Permit Approvals sets forth procedures and criteria that apply
to tree removal activities that are not associated with a concurrent proposal to develop the land
with buildings and infrastructure or other types of urban development. Article II establishes a
permit process to review these tree removal activities and ensure compliance with Article III -
Tree Conservation Standards. For tree removal activities that are proposed as part of a
development project, see Article III - Standards for Tree Conservation.
B. To promote tree conservation, encourage the submittal of development proposals concurrent
with proposals for tree removal activities;
Page 6 Ordinance 2837
Exhibit A
C. Where tree removal is proposed without a concurrent development proposal, the amount of
tree retention should be increased to preserve flexibility for incorporating tree retention into any
future development proposal;
D. Encourage tree thinning as a way to promote healthy urban forests while allowing the harvest
of overcrowded trees; and,
E. Allow exemptions for tree removal associated with an approved project permit, residential
landscaping and other small-scale tree removal activities, the removal of hazard and diseased
trees, or the replacement of undesirable trees.
19.06.060 Exemptions.
A. The following activities are exempt from the provisions of this Chapter, provided no part of
the tree removal activity lies within an environmentally sensitive area (excluding aquifer
recharge areas) or its buffer:
1. Tree removal associated with an approved project permit or to establish a
permitted or conditionally permitted use. The removal of trees associated with an approved
project permit, including but not limited to building permits, design review permits, binding site
plans, preliminary plats, or other project permits which authorize the installation of utilities and
construction of buildings; or the establishment of a permitted or conditionally permitted use per
PTMC Title 17-Zoning, provided such proposals comply with Chapter 19.06, Article III
Standards for Tree Conservation.
2. Residential landscaping and yard maintenance on lots 40,000 s.f. or less in size.
Removal of any tree on a lot currently zoned Residential (R-I, R-II, R-III, or R-IV) containing an
existing single-family residence (including duplex, triplex, or fourplex), where the lot and all
contiguous lots under the same ownership, do not exceed 40,000 square feet.
3. Residential landscaping and yard maintenance on lots exceeding 40,000 s.f. On a
lot currently zoned Residential (R-I, R-II, and R-III) containing an existing single-family
residence (including duplex, triplex, or fourplex), where the lot, and all contiguous lots under the
same ownership, exceeds 40,000 s.f, the following tree removal activities are exempt:
a. The removal of trees with a diameter at breast height (d.b.h) of 8" or less;
b. For trees over 8" d.b.h., up to six (6) healthy trees/40,000 s.f. of lot area in any
twelve month period. The removal of additional trees requires a written exemption
pursuant to section 19.06.070(3).
4. Hazard Trees. Removal of hazardous trees, dead trees, diseased trees, or damaged
trees which constitute a hazard to life or property, or adjacent trees. The removal of more than 4
hazard trees in any 12 month period from a single property shall require a written exemption
from the BCD Director, unless the tree removal is determined to be otherwise exempt from the
provisions of this chapter. The applicant may be required to provide documentation by an
arborist, forester, or other qualified tree professional that a tree constitutes a hazard to life or
property. Hazard tree removals under this section that involve land uses or sites subject to the
tree conservation standards of section 19.06.120, may require replanting to ensure compliance
with that chapter.
a. Emergency Situations. Hazardous trees determined to pose an imminent threat
or danger to public health or safety, or to public or private property, or serious environmental
degradation may be removed by the landowner prior to receiving written approval from BCD;
provided that within 14 days following such action, the landowner shall submit a written report
Page 7 Ordinance 2837
Exhibit A
from a tree professional and a replanting plan if tree conservation is required by the provisions of
this chapter.
5. Tree removal activities classified as "forest practices" on lands where the
landowner submits a 10-year statement of non-conversion to the Department of Natural
Resources (reforestation agreement) together with either an acceptable 1 O-Year Forest
Management Plan or proof that the land is currently enrolled in Current Use Assessment-Timber
Lands, under the provisions of RCW 84.33.
6. Commercial Nurseries and Christmas Tree Farms. The removal of trees which
have been grown to be sold as Christmas trees or as landscaping.
19.06.070 Exemptions Requiring Written Approval.
A. The following tree removal activities require a written exemption to ensure they comply with
applicable standards contained in this Chapter and the PTMC:
1. Environmental Sensitive Areas. Tree removal activities occurring within an
environmentally sensitive area (ESA) or its associated buffer, regulated pursuant to Title 19.05 -
Environmentally Sensitive Areas, with the exception of aquifer recharge areas, shall be approved
through a written exemption upon a showing that:
a. The proposal will comply with all applicable requirements of PTMC 19.05 -
Environmentally Sensitive Areas; and
b. Within the ESA area and its buffer, the proposal will comply with the requirements of
tree conservation standards of section 19.06.120.
2. Tree Thinning. Tree thinning meeting the following standards shall be approved through
a written exemption provided that the following conditions are met:
a. No more than one-third of the trees per 40,000 s.f. or no more than one-third of the
tree canopy cover, whichever is greater, shall be removed in any 6 year period;
b. Trees thinned should be primarily those that are intermediate, suppressed, hazard, or
nuisance trees. No more than 10% of trees removed shall be dominant or codominant;
c. Healthy trees should be retained (healthy trees have at least 1/3 of their tree height
covered with leaf canopy;
d. The creation of tree separation of up to ½ the branch length is acceptable. Trees that
touch on some sides but are otherwise healthy qualify for retention, but trees that touch other
trees on all sides qualify for removal; and
e. No more than 10% of the trees removed shall be dominant or codominant, the rest
should be intermediate or suppressed trees, or otherwise should be lacking in health or vigor.
3. Residential landscaping and yard maintenance on lots exceeding 40,000 s.f. On a lot
currently zoned Residential (R-I, R-II, and R-III) containing an existing single-family residence
(including duplex, triplex, or fourplex), where the lot and all contiguous lots under the same
ownership exceeds 40,000 s.f., the removal of more than 6 trees/40,000 s.f. of lot area exceeding
8" d.b.h, in any 12 month period shall be approved through a written exemption provided the that
the following criteria are met:
a. Trees retained on the lot comply with the minimum tree conservation requirements of
section 19.06.120.
b. The applicant shall provide sufficient materials (including a simple site plan) to
demonstrate that the minimum tree conservation standards will be met.
4. Landscaping Activities - Non Single-family Residential Properties. Tree removal
activities on developed properties zoned and developed with multi-family residential
Page 8 Ordinance 2837
Exhibit A
development (R-III and R-IV), mixed-use (C-I/MU and C-II/MU), commercial (C-I, C-II, C-
II(H), light-industrial/mixed commercial (M-C), and public (P-I, P/OS(B), subject to compliance
with the tree conservation standards of Article III of this chapter, or the approved landscaping
plan if applicable.
5. Tree removal in an area designated open space for purposes of tree retention, tree
buffer, or subject to a prior approved tree conservation plan. Tree removal, including the
removal of diseased or dangerous trees, proposed within formally designated open space areas
for tree retention or buffers, including but not limited to natural buffer areas, screening buffers,
and tree conservation areas established pursuant to an approved permit, shall be approved
through a written exemption if the following criteria are met:
a. The trees have been identified as hazard trees pursuant to section 19.06.060(A)(4);
b. Tree removal necessary to permit an activity allowed in the open space buffer or tree
conservation plan area;
c. The proposal will comply with the tree conservation standards of 19.06.120 as well as
the conditions imposed by the prior tree conservation plan;
d. Where necessary, new trees shall be planted to replace any trees necessarily removed
or topped. Trees that are felled or topped with new trees at a ratio of two replacement trees.
Replacement trees shall meet the standards set forth in section 19.06.130 Standards for Trees To
Be Retained or Planted.
19.06.080 Tree Conservation Permit Approvals - Pre-development Tree Removal.
A. Applicability. Tree removal activities that propose pre-development tree removal, are not
exempt pursuant to 19.06.060 - .070, must obtain a tree conservation permit approval prior to
beginning tree removal activities.
B. Application Filing. Applications for tree conservation permit approvals shall be reviewed
for completeness in accordance with this chapter; Chapter 19.06, including Article III -
Standards for Tree Conservation; Article IV - Administration, Appeals and Enforcement; and
Chapter Title 20.01 Land Development Administrative Procedures.
C. Approval Criteria: All applications for tree conservation permit approvals shall be
reviewed for compliance with the following criteria:
1. Not more than 40% of the total tree canopy, or 40% of the pre-existing tree units as
calculated per section 19.06.120, throughout the gross area of the site shall be removed during
any six-year period;
2. The applicant shall prepare a tree conservation plan that meets the requirements of
Chapter 19.06, Article III - Standards for Tree Conservation.
3. Trees shall be selected for retention based upon the standards contained in 19.06.130
standards for Trees to be Retained or Planted.
4. Trees selected for retention shall be protected during tree harvest consistent with the
standards established by 19.06.150 Protection of Trees During and After Development
D. Permit Processing Procedures.
Applications for tree conservation permit approvals shall be reviewed and processed as a Type
II application consistent with the procedures established in Chapter 20.01 Land Development
Administrative Procedures.
E. Required Findings. A tree conservation permit approval shall be issued by the Director if
all of the following findings can be made regarding the proposal and are supported by the record:
Page 9 Ordinance 2837
Exhibit A
1. The proposed tree conservation permit approval complies with the approval criteria of
section 19.06.080(c);
2. The granting of the proposed tree conservation permit approval will not be detrimental
to the public health, safety, and general welfare;
3. The granting of the proposed tree conservation permit approval will not be injurious to
the property or improvements adjacent to and in the vicinity of the proposal;
4. The granting of the proposed tree conservation permit approval will not result in
significant adverse environmental impacts; and,
5. The granting of the proposed tree conservation permit approval is consistent and
compatible with the goals, objectives, and policies of the Comprehensive Plan and the provisions
of the Port Townsend Municipal Code.
F. Approval Authority.
1. The Director shall review all requests for approvals, any comments received, and
applicable City regulations or policies, and may inspect the property prior to rendering a
decision.
2. The Director may approve an application, approve the application with conditions,
require modification of the proposal to comply with specified requirements or local conditions,
or deny the application if it fails to comply with requirements of this Title.
G. Transmittal to State - Prior to Transfer of Jurisdiction by DNR. Prior to transfer of
jurisdiction by DNR of Class IV - General Forest Practice approvals, upon issuance of a tree
conservation permit approval, the city of Port Townsend shall transmit the threshold
determination and tree conservation permit approval or denial to thc Department of Natural
Resources for inclusion in the conditions of the DNR Class IV - General Forest Practice
Approval.
Article III. Standards for Tree Conservation
19.06.090 Purpose.
A. Article III - Standards for Tree Conservation sets forth procedures and standards for tree
conservation and tree planting that are applicable for certain project permit approvals and pre-
development tree-removal activities (listed below in section 19.06.100). The retention of
existing trees and, where necessary, the planting of new trees as part of certain commercial,
industrial, multifamily, and land division activities are necessary to protect the environmental
quality and aesthetic character of the city of Port Townsend, and quality of life enjoyed by its
residents.
19.06.100 Tree Conservation Plans - Applicability.
A. The following project permit applications shall be to required to prepare a tree conservation
plan as part of a complete application for that project approval, and shall carry out the tree
retention and/or tree planting required by that plan consistent with this article:
1. Residential subdivisions (10 or more lots); Planned Unit Developments (PUDs), Short
Plats (2 - 9 lots), cottage housing developments, condominium binding site plans, and
commercial and industrial binding site plans;
2. Construction or additions to buildings subject to design review in the C-II General
Commercial, R-III and R-IV Multi-family, and C-I/MU and C-II/MU Mixed Use zoning
districts;
Page 10 Ordinance 2837
Exhibit A
3. Construction of new buildings or the expansion of existing buildings by more than
10% in the C-I Neighborhood Commercial, C-II(H) Hospital Commercial, M-C Mixed
Commercial/Light Manufacturing, P/OS(B) Mixed Public/Infrastructure/Open Space, or P-I
Public/Infrastructure zoning districts located outside the Port Townsend Historic District.
4. Construction of single-family residences (including duplexes, triplexes, or fourplexes)
or accessory buildings, on one lot or contiguous lots under the same ownership exceeding 40,000
s.f. where tree removal is proposed.
a. Such proposals shall minimize tree removal and shall comply with the tree
conservation standards of 19.06.120.
b. Proposals that involve tree removal but will not comply with the tree
conservation standards of 19.06.120 due to a pre-existing lack of trees, shall plant two
new trees for each tree removed per the standards of 19.06.130 and the project shall be
exempt from the remainder of this chapter.
B. Tree removal activities subject to Article II which require tree conservation permit approvals
shall also prepare a tree conservation plan and implement that plan consistent with the standards
of this article.
C. Construction on properties subject to approved tree conservation plans must comply with the
requirements of those plans and the provisions of this article.
1. For example: Once a subdivision is approved, the lots within that subdivision are
subject to the subdivision's tree conservation plan. That plan may call for installation of trees at
the time each lot is built upon. Therefore, home construction on a lot subject to a tree
conservation plan must comply with that tree conservation plan as a condition of building permit
approval. Once the home is constructed, any necessary trees installed and approved, and the
building permit receives final approval, future routine landscape maintenance or tree removal
activities qualify as exempt activities under Article II, section 19.06.060 - 070.
D. Those project approvals not listed above are exempt from the provisions of this article.
19.06.110 Tree Conservation Plans - Contents.
A. All tree conservation plans submitted pursuant to this Chapter shall show the following
information, if applicable:
1. Location of all improvements on the site including proposed cleared areas and/or
individual trees to be removed;
2. The approximate location of any existing structures and land uses on the site including
construction staging areas;
3. The location of all existing and proposed streets, rights-of-way, easements, skid roads,
haul roads, and landings within the proposal;
4. Existing healthy trees to be retained including diameter (at 4½ feet above grade), species,
and location on the site or for larger projects over 40,000 s.f., canopy areas to be preserved;
5. Existing trees proposed for removal including diameter and location on the site or for
larger projects over 40,000 s.f., canopy areas to be removed; and,
6. Proposed new trees to be planted including species and size.
7. Tree density calculations. The plan shall include tree credit and/or canopy cover
calculations to document compliance with section 19.06.120. These calculations shall include:
a. Calculation of net site area determined by subtracting the area of public and private
road rights-of-way;
Page 11 Ordinance 2837
Exhibit A
b. Calculation of tree unit credits or canopy cover proposed for retention on the site
excluding existing trees in adjacent opened or unopened rights-of-way; and
c. Calculation of tree unit credits or canopy cover for newly planted trees, if applicable.
i. Newly planted trees in rights-of-way (street trees) or alleys shall count towards
tree unit requirements.
8. The location of future land development including stormwater management facilities,
and vegetation to be retained for site landscaping, open space, wildlife habitat, screening, and/or
buffers, to the extent known;
9. Site topography at a contour interval of 10 feet;
10. Environmental sensitive areas (ESA) and ESA buffers regulated pursuant to Title 19.05
- Environmentally Sensitive Areas;
11. Drainage ways and culverts;
12. Site area targeted for further harvest including proposed timing, if applicable; and
13. North arrow and scale shall be shown on all site plans. The scale shall be no smaller than
one inch to 100 hundred feet.
14. A watering plan is required for tree conservation plans that propose new tree plantings.
The plan must provide for adequate watering of the newly installed trees at the time of planting
and through the dry periods (typically May - September) for a minimum of three years. Some
situations (infill in existing forested area where new trees planted in fall rainy season) may
require only limited watering.
B. Tree conservation plans shall be drawn to scale and include a north arrow. For residential
subdivisions, public projects, multi-family, mixed-use, and commercial projects, tree
conservation plans shall be prepared by a landscape design professional, arborist, or tree service
professional.
C. Field Marking of Site Features. At the time of submittal of any application required
pursuant to this Title, the following features shall be clearly marked at the site with flagging or
colored paint by the applicant:
1. The location of any identified critical areas and critical area buffers regulated pursuant to
Title 19.05 - Critical Areas;
2. The centerline of all proposed access roads; and
3. Property boundaries.
D. The BCD Director may waive specific tree conservation plan contents which are determined
to be unnecessary for review of the particular tree removal activity. In such event, the director
shall document the waiver in the project file or project log.
19.06.120 Tree Conservation Standards.
A. Minimum Tree Density - New Uses on Vacant or Redeveloping Lots. This section
promotes tree conservation by establishing minimum tree density requirements, expressed as
tree units per 40,000 square feet, or for larger lots percentage of canopy cover, for applicable
project proposals and tree conservation permit approvals per section 19.06.100, and for certain
tree removal activities that may be exempt from sections 19.06.060 - 070 of Article II but still
require compliance with minimum tree conservation standards. It is intended that the tree
density requirements will be met primarily through the conservation of existing trees.
However, in order to provide for continued flexibility in the design of new development, in
those situations where a development's design would preclude the retention of the required
Page 12 Ordinance 2837
Exhibit A
number of trees, the use of replacement or supplemental tree planting is authorized. The
minimum tree density for each land use designation is specified in Table 19.06.120(D).
B. Sites with Insufficient Tree Cover. It is recognized that some sites may not contain a
sufficient number of existing trees to meet the tree density standards set forth in Table
19.06.120(D). In those situations, additional trees shall be planted as necessary to achieve the
minimum tree density requirements of this Chapter unless an altemative tree retention plan is
approved, per subsection 19.06.120(c) below.
C. Alternative Tree Conservation Plans.
1. Some lots, sites or land uses provide valuable open space functions, including but not
limited to maintaining view corridors, that may conflict with the planting dense stands of trees.
Examples include portions of town that historically have had few trees, such as Happy Valley;
or, some land uses, such as crop or tree farming or gardening, small animal husbandry,
recreational play fields, etc., which are dependent upon open space and solar access. Alternative
tree conservation or planting plans that do not meet the strict requirements of table 19.06.120(D)
- (I) may be proposed in such circumstances.
2. Alternative tree conservation plans may be approved by the BCD Director upon a
showing to his/her satisfaction that:
a. Due to the physical characteristics of the site, or those of contiguous
properties, and/or due to the design goals of a particular development (including but not limited
to preserving solar access or maintaining the character of open grassland areas), strict adherence
to the tree conservation standards set forth in subsections 19.06.120(A),(B),(D) - (H) would be
inappropriate or unnecessary to achieve the purposes of this title or would be unreasonably
burdensome upon the applicant; and
b. The altemative plan is consistent with the purposes of this chapter expressed in
19.06.010; and,
c. Alternative plans must provide environmental, recreational, agricultural, and/or
aesthetic benefits that are equal or greater to the tree retention standards contained in tables
19.06.120(D) - (H).
3. Off-Site Mitigation and Fees Paid in Lieu. Where an applicant cannot provide
sufficient on-site benefits to approve an alternative tree conservation plan, off-site mitigation or
payment into the City's Urban Forestry Account may be approved by the BCD Director.
Where off-site mitigation is used, the remaining balance of trees must be planted at an off-site
location approved by the BCD Director. Where the site is city-owned property, the Public
Works Department must also approve the tree planting. Acceptable off-site locations, in order
of priority, are as follows:
a. Publicly owned land in the city of Port Townsend including but not
limited to: environmentally sensitive areas, regional stormwater facilities, or wildlife corridors.
Similar lands owned by non-profit entities which are reserved in open space also qualify;
b. Publicly owned parks or recreational facilities within the city of Port
Townsend;
c. Public school sites within the city of Port Townsend;
d. Other mitigation or restoration sites managed by other public entities or
private conservation groups;
e. Other sites proposed by the applicant, when it is documented that higher
priority sites are not available or viable.
Page 13 Ordinance 2837
Exhibit A
D. Tree Density Requirements. All regulated activity shall ensure that the following tree
densities shall be achieved and maintained during and after development:
Minimum Tree Density Requirements for Vacant or Redeveloping Lots
Table 19.06.120(D)(1)
R-I, R-II, P/OS(B),
R-III, R-IV, C-I/MU, C-II/MU
C-I, C-II, C-II(H), P-I, M-C
C-III, M-II(A), M-II(B), M-I, M-III, P/OS
40 Tree Units/40,000 square feet
30 Tree Units/40,000 square feet
20 Tree Units/40,000 square feet
N/A
2. Calculation of the Total Tree Units Required. The total number of tree units
required to be provided by a regulated project or tree conservation permit approval listed in
section 19.06.100 shall be calculated by multiplying gross site area, minus any public or
private street rights-of-way, by the required tree density (in tree units per 40,000 square feet)
set forth in Table 19.06.120(D). The result of the calculation will be the total number of tree
units required for the project approval.
a. The tree unit calculation shall include retained or newly planted trees within
the site as well as newly planted street trees located in contiguous public rights-of-way or alleys.
3. Tree Unit Credits. The number of tree unit credits given for retaining existing
trees or the planting of new trees varies in order to encourage the retention of large existing
trees and the planting of replacement trees that provide greater canopy areas at maturity. Tree
unit credits for the retention of existing trees and the planting of new trees shall be awarded as
follows:
Tree Unit Credits
Existing Tree 1" to 6" d.b.h.
Existing Tree 7" to 19" d.b.h.
Existing Tree > 20" d.b.h.
New or Replacement Tree, Small to Medium
Species (At maturity less than 40 feet tall)
New or Replacement Tree, Large Species (At
maturity more than 40 feet tall)
1 tree unit per tree retained
2 tree units per tree retained
3 tree units per tree retained
.50 tree unit per tree planted
1 tree unit per tree planted
E. Expansions of Existing Commercial, Mixed-Use, and Public Buildings that are
Nonconforming Regarding Minimum Tree Density. Expansions to existing commercial,
mixed-use, multi-family, or public buildings located in the, C-I/MU, C-II/MU C-I, C-II, C-
II(H), R-III, R-IV, P/OS(B), P-I, M-C zoning districts where the sites do not conform to the tree
density requirements of sections 19.06.120(D) or (I) shall be subject to the following tree
conservation standards:
1. A minimum of one tree unit shall be provided for each 500 square feet of
building expansion or new construction up to the maximum of the tree units specified for
the applicable zoning district in table 19.06.120(D); and
2. In addition to the requirements of subsection (1), where existing trees will be
removed to allow the new addition, a minimum of three tree units shall be provided for
Page 14 Ordinance 2837
Exhibit A
each tree unit removed, up to the minimum tree units specified for the applicable zoning
district by Table 19.06.120(D).
F. Non Single-family Residential Developed Lots - Removal and Replacement of More
than 20% of Trees - Landscaping Activities. On developed non single-family residential lots
where removal of healthy trees is proposed as part of landscape maintenance, no more than 6
trees or 20% of the healthy trees on the property, whichever is greater, shall be removed within a
calendar year. Where replacement of healthy trees is desired, replacement shall occur in a
phased manner, over time to reduce aesthetic impacts.
G. Large Lot Calculation Procedure - Project sites that are large, such as over 40,000 s.f. in
size, may use the following alternative canopy cover calculation to determine to determine
minimum tree density requirements:
Alternative Canopy Cover Calculation for Large Sites
Table 19.06.120(G)
~' "Canopy Cover" means the percentage of lot area covered by the crowns of the trees to
be retained on the site post development as delineated by the vertical projection of its outermost perimeter
of the tree branches. Small openings in the crown are included. Public streets and other dedicated public
rights-of-way shall not be included in lot area.
19.06.130 Standards for Trees to be Retained or Planted.
A. Health and Quality of Trees Proposed for Retention. Trees proposed for retention must
meet the following minimum standards in order to be credited towards satisfying the tree density
requirements of this Chapter:
1. Healthy trees over 24" in diameter at d.b.h, or that are over 100 years of age shall be
priority trees for preservation. Priority trees should only be removed if their retention is not
feasible (e.g.. - within footprint of likely future building area and not reasonable to modify
building size or footprint).
2. The retained trees shall be equivalent to the average size, species, and age of the trees
existing on the site prior to development or tree removal.
3. Retained trees shall be predominantly dominant or codominant trees (meaning fully
branched and generally proportional in height and breadth for the tree age);
4. Retained trees must be healthy and have no substantial evidence of disease (unless
identified as a "habitat tree per subsection 8 below), meaning that retained trees shall have a
relatively sound and solid trunk with no extensive decay or hollow and no significant trunk
damage, and should have no significant crown damage;
5. Trees should be selected for retention based upon a consideration of windthrow
potential, wildlife value, aesthetics, and compatibility with future development.
6. Retained trees should be clustered wherever possible to maximize habitat value and to
minimize windthrow. Strips of trees along a site's perimeter boundaries should be carefully
evaluated for windthrow potential.
7. Trees being retained in environmental sensitive areas and associated buffers may be
applied towards tree canopy retention or tree unit credit requirements.
Page 15 Ordinance 2837
Exhibit A
8. Trees must be windfirm in upon completion of development activities (no significant
root damage); and
9. Trees identified as having significant habitat value shall be priority trees for
preservation regardless of the health or state of the tree (such as trees with broken crowns ideal
for eagle perching or snags, especially along shoreline bluffs), so long as such trees are not a
danger to nearby buildings.
B. Health and Quality of Trees Proposed for Planting. Trees proposed for planting must meet
the following minimum standards in order to be credited towards satisfying the tree density
requirements of this Chapter:
1. Each tree shall be healthy stock and carefully planted in an appropriately sized
planting area.
2. Each required deciduous tree shall have a minimum of 3/4 inch caliper within 6 inches
of ground at time of planting.
3. Each required evergreen tree shall have a minimum height of three feet at time of
planting.
4. Trees planted shall include a mix of coniferous and deciduous trees. At a minimum
25% of the trees planted shall be coniferous.
5. To avoid potentially unhealthy monocultures, the total number of any individual
species of replacement tree planted shall not exceed 15% of the same species or 25% of the same
genus of the total number of all replacement trees planted; and
a. For example, red maple (Acer rubrum) and silver maple (Acer saccharinum)
are 2 different species, but they are the same genus, Acer (maples). Many pests wouM
not distinguish between a red maple or a silver maple, but those that feed on maples
probably will not attack oaks or firs.
6. Where possible, required trees should predominantly be selected from the native tree
species. BCD will maintain a list of native tree species.
19.06.140 Residential Development Tree Location Requirements.
A. Tree locations outside residential lots. Proposed residential subdivisions, short plats,
planned developments, condominium projects, and cottage housing developments shall locate a
minimum of 25% of the required trees within areas of land separate from residential lots. Such
areas include but are not limited to open space areas, tree buffers, environmentally sensitive
areas, stormwater tracts, and street or alley rights-of-way.
B. Tree locations within residential lots. Other trees proposed for residential developments
subject to this chapter shall be located within the required side, rear, or front yard areas in order
to minimize development related conflicts, unless otherwise approved by the Building and
Community Development Department. When these lots or building sites are located to
protective tracts (such as park, stormwater, or environmentally sensitive areas), the preferred
location of the trees is adjacent to these areas.
C. Supplemental trees required for residential development. Where proposed residential
subdivisions, short plats, planned developments, condominium projects, or cottage housing
developments requires new tree plantings (cannot meet minimum tree density through tree
retention alone); new tree plantings may occur after final plat approval, but shall occur in
compliance with the tree conservation plan prior to issuance of the final building permit for each
lot or condominium unit as it is developed. In such cases the face of the final plat or
Page 16 Ordinance 2837
Exhibit A
condominium site plan shall indicate that lot or condominium owners will be responsible for tree
plantings prior to final occupancy permits being issued for each home or condo.
19.06.150 Protection of Trees Before and After Development.
A. All trees and tree stands proposed for retention and supplemental tree plantings shall be
protected before and during site development and construction through adherence to the
following requirements:
1. A tree protection area shall be designed to protect each tree or tree stand during site
development and construction. The tree protection areas shall conform to the approved tree
conservation plan.
2. Ideally, tree protection areas should extend to the drip line of the tree plus three feet.
However, in many instances this will not be possible due to site constraints. Tree protection
areas shall be as large as feasible given site constraints and the nature of the project.
3. Tree protection areas shall be clearly shown on all applicable site development,
preliminary plats, and construction drawings.
4. Trees protection areas shall be designated through the following minimum standards:
a. Chain link or other type of sturdy construction fencing attached to posts set in the
ground a minimum of 12" and spaced no more than 10 feet apart; and,
b. Colored tape, ribbon, or other identification tags attached to protected trees.
5. Optional methods to provide additional protection for tree roots include:
a. Placing layers of protective mulch, 6" - 2 fi. deep, over tree roots to help avoid soil
compaction over roots that may be subject to nearby equipment use. Once construction is
complete, excess mulch shall be removed leaving a maximum of 2" mulch cover over pre-
existing grade.
6. Approved tree protection areas shall be designated in the field prior to the initiation of any
clearing or grading. Tree protection areas shall remain in place through site development until
project completion, or earlier with prior authorization by the BCD Director;.
7. No clearing, grading, filling, operating of heavy equipment, trenching, or other
development activities shall occur within tree protection areas. Tree protection areas may only
be modified or temporarily relocated with the prior written approval of the BCD Director.
8. BCD may approve the use of alternate tree protection techniques if the above standards
would create an undue hardship upon the applicant (such as designating buffer boundaries for
large sites over an acre) and if the trees will be protected to an equal or greater degree than
provided by this Chapter.
19.06.160 Tree Conservation Affidavits - Development on Sites with Prior Approved
Tree Conservation Plans.
A. Tree conservation affidavits for sites with previously approved tree conservation
plans. Site development and or other activities involving tree removal proposed on property
which is subject to a previously approved tree conservation plan shall be required to complete
only a tree conservation affidavit. Tree conservation affidavits verify that tree retention areas
will be marked, protected and located during subsequent development activities. They are also
used to ensure the installation of any trees on a lot required by a prior approved tree conservation
plan.
Page 17 Ordinance 2837
Exhibit A
1. For example, a preliminary plat approval may require street trees to be installed prior
to final plat approval but may defer individual tree plantings on individual residential lots each
lot is developed with an individual home. In such a case the trees would be planted consistent
with the tree conservation plan for the plat but installed prior to final occupancy of the home.
Once the home is constructed, all trees planted per the tree conservation plan, future landscape
maintenance activities are subject to the provisions of Article II - including the exemptions for
single-family residentially developed lots.
19.06.170 Review of Tree Conservation Plans and Affidavits.
A. BCD shall review all tree conservation plans and affidavits to ensure compliance with the
requirements of this Chapter prior to the approval of any associated development permit or
application.
B. Tree Conservation Affidavits.
1. Applicants that are required to complete a tree conservation affidavit as a condition
of development approval shall be provided the necessary forms prior to approval of the
building or other project permit. The tree conservation affidavit shall include any conditions
regarding tree protection and/or planting that apply to the particular property being developed.
2. The city of Port Townsend shall not issue building, site development, or other
permits for development until such time as the tree conservation affidavit has been completed.
C. Tree Conservation Plans.
1. Tree conservation plans shall be reviewed by the Department within the time
limitations specified in Title 20.01 Land Development and Administration Procedures. Upon
completion of its review, the Department shall take one of the following actions:
a. Approve the tree conservation, with or without conditions; or
b. Disapprove the tree conservation plan, indicating deficiencies to the applicant.
If the tree conservation plan is determined to be deficient, the applicant shall be notified in
writing of the deficiency and shall be provided the opportunity to modify the plan as necessary
to comply with the provisions of this Chapter.
2. Tree conservation plans shall be reviewed by the Department prior to the approval
of the associated underlying permit or application. The underlying permit may not be
approved until such time as the Department has approved the tree conservation plan.
3. The tree conservation plan shall be incorporated by reference in any approval issued
for the underlying permit or application. Compliance with the tree conservation plan shall be a
condition of such approval.
C. The property owner shall be required to file a notice with the Jefferson County Auditor.
The notice shall provide a public record of any approved tree conservation plan and tree
conservation areas; the application of this Title to the property; and that limitations on actions
in or affecting the property may exist.
D. With the exception of minor vegetation disturbance to allow surveying and necessary
technical studies, tree removal activities pursuant to the tree conservation plan shall not begin
until the concurrent project permit application or the tree conservation permit has been approved.
19.06.180 Maintenance Requirements.
Page 18 Ordinance 2837
Exhibit A
A. Commercial, Mixed-Use, Public, and Multi-family projects subject to tree conservation
plans shall are subject to the following ongoing maintenance standards for retained or newly
planted trees:
1. All retained trees shall be continually maintained in a healthy growing condition
by the property owner, or where appropriate, the homeowner's or condominium association.
2. Dead or dying trees shall be replaced within 180 days of removal with a healthy
tree meeting the requirements of 19.06.130. The tree density units provided by the replacement
trees shall be equivalent to that provided by the trees being replaced. The preferred planting time
for replacement trees is October 1 st through March 1 st. Tree replacement during the summer
months (June 15th through August 31 st) should be avoided unless supplemental irrigation is
available.
3. Pruning of trees shall be limited to limbing and crown thinning. Topping shall be
treated the same as removal of the tree.
B. Single-family residential development. Once the home is constructed and all trees planted
per the tree conservation plan, future landscape maintenance activities are subject to the
provisions of Article II - including the exemptions for single-family residentially developed lots.
C. 3-Year Maintenance Agreement. As a condition of Em. al approval, the following project
permit approvals shall demonstrate that a minimum 3-year maintenance agreement exists with a
commercial landscape care company, or other entity approved by the BCD Director,
addressing the following:
1. For short plats, subdivisions, planned unit developments, and cottage housing
developments that are subject to tree conservation plans per this chapter, newly planted
trees in street rights-of-way (street trees), common areas, stormwater ponds, and tree buffers
(excluding trees on private single family residential lots which are the homeowners
responsibility);
2. For multi-family, commercial, or industrial developments that are subject to
tree conservation plans per this chapter, all trees and plants identified in the applicable tree
conservation and landscaping plans.
19.06.190 Time Limitations.
A. A tree conservation permit approval shall be valid for two consecutive years following the
date of issuance unless a longer time period has been established through an associated project
approval (e.g., preliminary plat approval, conditional use permit, etc.) in which case the time
limits applicable to the associated approval shall apply.
B. Tree conservation plans associated with a project permit approval shall be subject to the same
time limitations, if any, on the underlying project permit approval.
Article IV - Administration, Appeals, and Enforcement
19.06.200 Permit Procedures and Appeals.
A. Permit Procedures. Permit applications specified by this chapter shall be processed
pursuant to PTMC 20.01 Land Development Administrative Procedures. The following permit
activities defined by this chapter shall be classified as follows by the procedures of Chapter
20.01, PTMC:
1. Exemptions requiring a written approval shall be processed as a Type I-A permit
applications;
Page 19 Ordinance 2837
Exhibit A
2. Tree conservation permit approvals shall be processed as Type II permit applications;
B. Administrative Appeals. Appeals of any administrative decision and procedures for
reconsideration or appeal of a Hearing Examiner decision issued pursuant to this Title are also
set forth in Chapter 20.01.
19.06.210 Minor Modifications to Approved Tree Conservation Permit Approvals or Tree
Conservation Plans.
A. Minor modifications to an approved tree conservation permit approval or tree conservation
plan may be approved administratively pursuant to the procedures for a Type I-A project permit
(PTMC 20.01) provided the proposed modification is minor in nature, does not increase the
overall area of tree removal, does not change the overall number of trees removed, or result in
tree removal activities occurring within an environmental sensitive area, ESA buffer, or tree
retention area. The submittal of an amended tree conservation plan meeting the requirements of
this Chapter may be required. Any modification exceeding these thresholds shall require a new
application and associated fees.
19.06.220 Variances.
A. Process. Variances to the requirements of this Chapter may be considered pursuant to
the criteria set forth in Title 17.86 Variances.
19.06.230 Fees.
Fees for permit applications pursuant to this chapter are set forth in PTMC Chapter 20.09 Land
Development Permit Application and Appeal Fees.
19.06.240 Enforcement.
A. The regulations for enforcement of this chapter are set forth in Chapter 20.10 Land Use
Administration and Enforcement.
19.06.250 Liability of the City.
Nothing in this Chapter shall be deemed to impose any liability upon the City or upon any of
its officers or employees, or to relieve the owner or occupant of any private property from the
duty to keep in safe and healthy condition the trees upon his property.
19.06.260 Severability.
If any provision of this Title is held invalid, the remainder of this Title or the application of the
provision to other persons or circumstances shall not be affected.
Page 20 Ordinance 2837
Exhibit A
19.06.270 Appendix A - Tree Conservation Affidavit Form.
Appendix A
Tree Conservation Affidavit
BUILDING PERMIT/SITE DEVELOPMENT PERMIT NO.
THIS PERMIT AUTHORIZES
TO BEGIN
IN SUBDIVISION OR AT THE FOLLOWING
ADDRESS
THE AUTHORIZED PERSON ACKNOWLEDGES THAT HE/SHE IS RESPONSIBLE FOR
TAKING ADEQUATE STEPS TO:
1. Protect the tree retention areas on this lot as identified in the tree conservation plan (normally
the front, rear, and or side yard areas) in accordance with the standards of Chapter 19.06 -
Tree Conservation.
2. Field locate, mark, and protect all tree conservation areas on the site during construction.
Marking shall consist of tape, ribbon, or tags attached to the retained trees and protective
fencing secured by posts set at least 12" into the ground installed in accordance with the
requirements of 19.06.150. All tree identification and fencing shall be installed prior to site
development and construction and shall remain and be maintained until home construction is
100% completed.
3. Install any trees on the lot required by the approved tree conservation plan.
FAILURE TO COMPLY WITH THESE REQUIREMENTS WILL RESULT IN THE
ISSUANCE OF A STOP WORK ORDER OR OTHER CITATIONS.
COUNTY OFFICIAL APPLICANT
DAY OF ,20 EFFECTIVE THIS
NOTE: DISPLAY THIS PERMIT AT THE MAIN POINT OF
ACCESS AND VISIBLE FROM THE STREET.
Page 21 Ordinance 2837
Exhibit A
EXHIBIT "B"
RELATED AMENDMENTS TO THE PORT TOWNSEND MUNICIPAL
CODE THAT PROVIDE NECESSARY CROSS REFERENCES TO NEW
CHAPTER 19.06 TREE CONSERVATION
SECTION 1. Section 18.12.050(A) Preliminary Short Plat requirements, is
amended to read as follows (underline is added text):
18.12.050 Preliminary short plat - Contents.
A. A preliminary short plat shall be submitted on one or more sheets and shall provide the
following information. All specifications for public improvements shall conform with the
engineering design standards:
1. The name of the proposed subdivision together with the words "Preliminary Short Plat";
2. The name and address of the applicant;
3. The name, address, stamp and signature of the professional engineer or professional land
surveyor who prepared the preliminary plat;
4. Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date of
preparation;
5. Identification of all land, trees, and tree canopy intended to be cleared; the trees or tree canopy
intended to be preserved per PTMC 19.06.120 Tree Conservation Standards; and the location of
the proposed access to the site for clearing and grading during site development and
construction; and
6. A form for the endorsement of the director of BCD, as follows:
APPROVED BY CITY OF
PORT TOWNSEND
Building & Community
Development Director
Date
SECTION 2. Section 18.12.060(A) Short Plat Approval Criteria, is amended to read as
follows (underline is added text):
18.12.060 Approval criteria.
In addition to the review criteria provided in Chapter 20.01 PTMC, the following criteria are the
minimum measures by which each proposed short subdivision will be considered:
A. Short subdivisions shall be given preliminary approval, including preliminary approval
subject to conditions, upon finding by the director that all of the following have been satisfied:
1. The proposed subdivision conforms to all applicable city, state and federal zoning, land use,
environmental and health regulations and plans, including but not limited to the following:
a. Port Townsend Comprehensive Plan;
b. Port Townsend Zoning Code;
c. Engineering design standards;
d. Environmentally Sensitive Areas Ordinance (Chapter 19.05 PTMC);
Page 1 Ordinance 2837
Exhibit B
Exhibit B
2. Utilities and other public services necessary to serve the needs of the proposed subdivision
shall be made available, including open spaces, drainage ways, streets, alleys, other public ways,
potable water, transit facilities, sanitary sewers, parks, playgrounds, schools, sidewalks and other
improvements that assure safe walking conditions for students who walk to and from school;
3. Conservation of existing trees, and/or, the planting of new trees shall be provided consistent
with PTMC 19.06 Article III Standards for Tree Conservation;
4. Approving the proposed subdivision will serve the public use and interest and adequate
provision has been made for the public health, safety, and general welfare.
SECTION 3. Section 18.16.050(A) Full Subdivision Preliminary Plat - Contents, is amended to
read as follows (underline is added text):
18.16.050 Preliminary plat - Contents.
A. A preliminary plat shall be submitted on one or more sheets and shall provide the following
information. All specifications for public improvements shall conform with the engineering
design standards:
1. The name of the proposed subdivision together with the words "Preliminary Plat;"
2. The name and address of the applicant;
3. The name, address, stamp and signature of the professional engineer or professional land
surveyor who prepared the preliminary plat;
4. Numeric scale (50 feet or fewer to the inch), graphic scale, true north point, and date of
preparation;
5. Identification of all land, trees, and tree canopy intended to be cleared; the trees or tree
canopy intended to be preserved per PTMC 19.06.120 Tree Conservation Standards; and
the location of the proposed access to the site for clearing and grading during site
development and construction; and
6. A form for the endorsement of the director of BCD, as follows:
APPROVED BY CITY OF
PORT TOWNSEND
Building & Community
Development Director
Date
SECTION 4. Section 18.16.060 Full Subdivision Approval Criteria, is amended to read
as follows (strikeout is deleted, underline is added text):
18.16.060 Approval criteria.
In addition to the review criteria provided in Chapter 20.01 PTMC, the following criteria
are the minimum measures by which each proposed subdivision will be considered:
A. Full subdivisions shall be given preliminary approval, including preliminary approval
subject to conditions, upon finding by the city that all of the following have been satisfied:
1. The proposed subdivision conforms to all applicable city, state and federal zoning, land
use, environmental and health regulations and plans, including but not limited to the following:
a. Port Townsend Comprehensive Plan;
b. Port Townsend Zoning Code;
c. Engineering design standards;
Page 2 Ordinance 2837
Exhibit B
d. Environmentally Sensitive Areas Ordinance (Chapter 19.05 PTMC);
2. Utilities and other public services necessary to serve the needs of the proposed
subdivision shall be made available, including open spaces, drainage ways, streets, alleys, other
public ways, potable water, transit facilities, sanitary sewers, parks, playgrounds, schools,
sidewalks and other improvements that assure safe walking conditions for students who walk to
and from school;
3. Conservation of existing trees, and/or, the planting of new trees shall be provided
consistent with PTMC 19.06 Article III Standards for Tree Conservation;
4__g. The probable significant adverse environmental impacts of the proposed subdivision,
together with any practical means of mitigating adverse impacts, have been considered such that
the proposal will not have an unacceptable adverse effect upon the quality of the environment, in
accordance with Chapter 19.04 PTMC and Chapter 43.21C RCW;
54-. Approving the proposed subdivision will serve the public use and interest and
adequate provision has been made for the public health, safety, and general welfare.
SECTION 5. Section 18.20.040(D) Binding Site Plan for Residential Condominiums -
Application Submittal and Contents, is amended to read as follows (underline is added text):
18.20.040 Application submittal and contents.
To be considered complete, the application for binding site plan approval shall include
the following:
D. Binding Site Plan for Residential Condominiums. In addition to materials required
pursuant to subsections A and B above, a binding site plan for residential condominiums shall
conform with the requirements of Chapter 64.34 RCW, "The Condominium Act." The applicant
shall submit a sworn declaration from a registered land surveyor licensed in the state of
Washington that all requirements of RCW 64.34.232, as now adopted and hereafter amended,
have been satisfied. The city shall not be responsible for verification that the proposal complies
with Chapter 64.34 RCW, but may rely upon the representation of the licensed surveyor. The
applicant shall submit five copies of the binding site plan map for review. The site plan shall
have dimensions of 18 inches by 24 inches and must be prepared by a registered land surveyor
licensed in the state of Washington. In addition to requirements of Chapter 64.34 RCW, the
binding site plan map must include the following:
1. The name of the condominium project;
2. Legal description of the entire parcel;
3. The date, scale, and north arrow;
4. Boundary lines, rights-of-way for streets, easements, and property lines of lots, the
location of all open spaces, utilities, and other improvements, with accurate bearings, dimensions
of angles and arcs, and of all curve data describing the location of all improvements;
5. Names and right-of-way widths of all streets within the parcel and immediately
adjacent to the parcel. Street names shall be consistent with the names of existing adjacent
streets;
6. Number of each lot and each block or division;
7. Location, dimensions and purpose of any easements, noting if the easements are
private or public;
8. Location and description of monuments, boundary comers set, and all lot comers set
and found;
Page 3 Ordinance 2837
Exhibit B
9. Datum elevations and primary control points approved by the public works
department. Descriptions and ties to all control points will be shown with dimensions, angles,
and bearings;
10. Identification of all land, trees, and tree canopy intended to be cleared; the
trees or tree canopy intended to be preserved per PTMC 19.06.120 Tree Conservation
Standards; and the location of the proposed access to the site for clearing and grading
during site development and construction; and
11 10. A dedicatory statement acknowledging public and private dedications and grants;
12 44-. The statement required by PTMC 18.20.030(D) must be on the face of the final
binding site plan; and
13 -1-3. Other restrictions, conditions, and requirements as deemed necessary by the city,
including all applicable requirements of the engineering design standards.
SECTION 6. Section 18.20.050(A) Binding Site Plan for Residential Condominiums -
Approval Criteria, is amended to read as follows (underline is added text):
18.20.050 Approval criteria.
A. Binding site plans shall be approved upon showing compliance with the following:
1. Applicable city, state and federal zoning, land use, environmental and health
regulations, policies or plans, including but not limited to:
a. Port Townsend Comprehensive Plan;
b. Port Townsend Zoning Code;
c. Engineering design standards;
d. Environmentally Sensitive Areas Ordinance (Chapter 19.05 PTMC);
e. Tree Conservation (Chapter 19.06 PTMC);
2. The availability of the utilities and other public services necessary to serve the needs of
the proposed binding site plan shall be demonstrated including, but not limited to, open spaces,
drainage ways, streets, alleys, other public ways, potable water, transit facilities, sanitary sewers,
parks, playgrounds, schools, sidewalks and other facilities that assure safe walking conditions for
students who walk to and from school;
3. The probable significant adverse environmental impacts of the proposed binding site
plan, together with any practical means of mitigating adverse impacts, shall be considered such
that the proposal will not have an unacceptable adverse effect upon the quality of the
environment, in accordance with Chapter 19.04 PTMC and Chapter 43.21C RCW;
4. Approving the proposed binding site plan will serve the public use and interest and
adequate provision shall be made for the public health, safety, and general welfare.
Page 4 Ordinance 2837
Exhibit B
SECTION 7. Table 17.16.020 Residential Zoning Districts - Permitted, Conditional,
and Prohibited Uses, is amended to read as follows (underline is added text):
Table 17.16.020
Residential Zoning Districts - Permitted, Conditional and Prohibited Uses
Key to table:
P = Permitted outright; C = Subject to a conditional use permit; X = Prohibited; N/A = Not applicable
DISTRICT I g-I / R-I1I R-III I R-IV I APPLICABLE REGULATIONS/NOTES
SINGLE-FAMILY RESIDENTIAL USES
Cottage Housing P P P X PTMC 17.16.050, Cottage Housing
Developments Developments; PTMC 18.20 Binding Site
Plans; PTMC 19.06 Article III - Standards
for Tree Conservation.
SECTION 8. Section 17.16.050(G) Cottage Housing is amended to read as follows
(underline is added text):
17.16.050 Cottage housing.
G. Required Open Space and Tree Conservation.
1. Common Open Space. A minimum of 400 square feet per cottage unit of common
open space is required. For the purposes of cottage housing, "common open space" shall be the
central space that may be used by all occupants of the cottage complex. Parking areas, yard
setbacks, spaces between buildings of 10 feet or less in width, private open space, and driveways
do not qualify as common open space.
2. Proximity to Common Open Space. At least 50 percent of the cottage units shall abut a
common open space, all of the cottage units shall be within 60 feet walking distance measured
from the nearest entrance of the cottage along the shortest safe walking route to the nearest point
the common open space. The common open space shall have cottages abutting at least two sides.
3. Private Open Space. Each cottage unit shall be provided with a minimum of 200
square feet of usable private open space separated from the common open space by a hedge or
fence not to exceed 36 inches in height.
4. Preservation of existing trees, and/or, new trees shall be provided consistent with
PTMC 19.06, Article III Standards for Tree Conservation;
SECTION 9. Section 17.36.080 Multifamily Residential Development Standards -
Grading and Tree/Vegetation Retention is amended to read as follows (underline is added text):
17.36.080 Grading and tree/vegetation retention.
A. Requirement. To the extent reasonable and practicable, multifamily projects shall be
designed to minimize impacts to existing topography and vegetation.
B. Techniques for complying with the requirement in subsection A of this section
include, but are not limited to:
1. Incorporating the natural grades in the overall design of the project;
2. Incorporate existing groups of tree/vegetation that will be protected and retained
consistent with PTMC 19.06, Article III Standards for Tree Conservation;
Page 5 Ordinance 2837
Exhibit B
3. Minimizing disturbance of open space areas to better facilitate stormwater infiltration;
and
4. Avoiding the placement of buildings adjacent to ridgetops, so the rooftops do not
extend above the crest of the ridgetops of the hillside, especially where views of historic sites are
concerned.
SECTION 10. Section 17.36.150 Multifamily Residential Development Standards - Landscape
Design is amended to read as follows (underline is added text):
17.36.150 Landscape design.
A. Requirement. Landscaping (including living plant material) and supporting elements (such as
trellises, planters, site furniture, or similar features) shall be appropriately incorporated into the
project design.
B. Techniques for complying with the requirement in subsection A of this section include, but
are not limited to:
1. Minimizing tree removal and incorporating larger caliper trees to obtain the immediate impact
of more mature trees when the project is completed consistent with PTMC 19.06 Article III
Standards for Tree Conservation;
2. Providing frameworks such as trellises or arbors for plants to grow on;
3. Incorporating planter guards or low planter walls as part of the architecture;
4. Landscaping the open areas created by building modulation;
5. Incorporating upper story planter boxes or roof plants;
6. Retaining natural greenbelt vegetation that contributes to greenbelt preservation;
7. On streets with uniform plantings of street trees and/or distinctive species, planting street trees
that match the street tree spacing and/or species; and
8. Using plants that require low amounts of water, including native drought-resistant species, and
require low amounts of chemicals and fertilizers.
SECTION 11. Table 17.18.030 Mixed Use Zoning Districts - Bulk, Dimensional and
Density Requirements is amended to read as follows:
Table 17.18.030
Mixed Use Zoning Districts - Bulk, Dimensional and Density Requirements
DISTRICT C-I/I~/IU C-II/MU
MINIMUM OPEN Minimum open space shall not be Minimum open space shall not be less than 1
SPACE AND TREE less than 10% of total gross floor of total gross floor area; preservation of existing
CONSERVATION area; preservation of existing trees, trees, and/or, new trees shall be provided
and/or, new trees shall be provided consistent with PTMC 19.06 Article HI
consistent with PTMC 19.06 Article Standards for Tree Conservation;
III Standards for Tree Conservation;
Page 6 Ordinance 2837
Exhibit B
SECTION 12. Table 17.20.030 Mixed Use Zoning Districts - Bulk, Dimensional and
Density Requirements is amended to add the following:
Table 17.20.030
Commercial Zoning Districts - Bulk, Dimensional and Density Requirements
DISTRICT C-I C-II C-II(H) C-III
GREENBELT When abutting an When abutting an When abutting an When abutting an
REQUIREMENTS R-I or R-II zoning R-I or R-II zoning R-I or R-II zoning R-I or R-II zoning
district, any permit district, any permit district, any permit district, any permit
application must be application must be application must be application must be
accompanied by accompanied by accompanied by accompanied by
landscape plans to landscape plans to landscape plans to landscape plans to
obscure and limit obscure and limit obscure and limit obscure and limit
access access access access
TREE Preservation of Preservation of Preservation of Not applicable.
CONSERVATION existing trees, existing trees, existing trees,
and/or, new trees and/or, new trees and/or, new trees
shall be provided shall be provided shall be provided
consistent with consistent with consistent with
PTMC 19.06 PTMC 19.06 PTMC 19.06
Article III Article llI Article II__!I
Standards for Tree Standards for Tree Standards for Tree
Conservation. Conservation. Conservation.
SECTION 13. Table 17.20.030 Marine-Related and Manufacturing Zoning Districts -
Bulk, Dimensional and Density Requirements is amended to add the following:
Table 17.22.030
Marine-Related and Manufacturing Zoning Districts - Bulk, Dimensional
and Density Requirements
DISTRICT M-C M-I M-II(A) M-II(B) M-III
. TREE Preservation of Not Not Not Not
CONSERVATION existing trees, applicable applicable applicable applicable
and/or, new trees
shall be provided
consistent with
PTMC 19.06
Article III
Standards for Tree
Conservation.
SECTION 14. Table 17.24.030 Public, Park and Open Space Zoning Districts- Bulk,
Dimensional and Density Requirements is amended to add the following:
Page 7 Ordinance 2837
Exhibit B
Table 17.24.030
Public, Park and Open Space Zoning Districts - Bulk, Dimensional and Density
Requirements
DISTRICT P/OS P/OS(B) P-I
TREE Not applicable Not applicable Preservation of existing trees,
CONSERVATION and/or, new trees shall be
provided consistent with
PTMC 19.06 Article III
Standards for Tree
Conservation.
SECTION 15. Section 20.01.100 Development permit application is amended to add the
following:
20.01.100 Development permit application.
A. Applications for project permits shall be submitted upon forms provided by the director.
The applicant is encouraged to schedule a presubmittal conference with the director prior to
submittal of the application.
B. An application shall consist of all materials required by the applicable development
regulations, and shall include the following general information:
1. A completed project permit application form, including SEPA checklist submitted
pursuant to PTMC 19.04.100;
2. A verified statement by the applicant that the property affected by the application is in
the exclusive ownership of the applicant, or that the applicant has submitted the application with
the written consent of all owners of the affected property. A photocopy of the property deed shall
be provided;
3. A property and/or legal description of the site for all applications, as required by the
applicable development regulations; 4. The applicable fee;
5. A site plan, showing the location of all proposed lots and points of access and
identifying all easements, deeds, restrictions, or other encumbrances restricting the use of the
property, if applicable;
6. Assessor's maps and a list of tax parcels and their owners, with said owners names and
addresses placed on labels suitable for mailing in a sufficient number for the type of application
for all properties within 300 feet of the property and properties to which public notice must be
sent as provided in PTMC 19.04.220 (SEPA notice) for land use permits requiring a Type II, III
or IV decision; and
7. Any supplemental information or special studies identified by the director or project
administrator.
C. In addition to the requirements set forth in subsection A of this section, complete
application requirements for the following land use permits are set forth in the following sections
of the Port Townsend Municipal Code:
1. Clearing and grading permits, see Uniform Building Code, Appn. Ch. 33, Sections
3304 through 3318, "Excavation and Grading," adopted by PTMC 16.04.010;
2. Building permits, see Chapter 16.04 PTMC;
Page 8 Ordinance 2837
Exhibit B
3. Binding site plans, see Chapter 18.20 PTMC;
4. Lot line adjustments, see Chapter 18.08 PTMC;
5. Preliminary plat, see Chapters 18.12 (Short subdivisions) and 18.16 (Full subdivisions)
and PTMC 18.20.020;
6. Subdivisions and recognition of lots of record, see Chapter 18.18 PTMC;
7. Planned unit developments (PUDs), see Chapter 17.32 PTMC;
8. Environmentally sensitive areas (ESA), see Chapter 19.05 PTMC;
9. Street development permits, see Chapter 12.04 PTMC;
10. Utility development permits, see Chapter 13.01 PTMC;
11. Multifamily residential development permits, see Chapter 17.36 PTMC;
12. Mixed use development permits, see Chapter 17.40 PTMC;
13. Home occupations, see Chapter 17.56 PTMC;
14. Temporary use permits, see Chapter 17.60 PTMC;
15. Sign permits, see Chapter 17.76 PTMC;
16. Wireless telecommunications standards, see Chapter 17.78 PTMC;
17. Conditional uses, see Chapter 17.84 PTMC;
18. Variances, see Chapter 17.86 PTMC.
19. Tree Conservation Permits and Plans, see Chapter 19.06 PTMC.
D. The director may waive specific submittal requirements determined to be unnecessary
for review of an application. In such event, the director shall document the waiver in the project
file or project log.
Page 9 Ordinance 2837
Exhibit B
SECTION 17. Section 20.09.020 Building, land use and development fees is
amended to add the following:
20.09.020 Building, land use and development fees.
The fees stated in this section are set in an amount to reimburse the public for staff
time and resources expended in reviewing and processing permit applications. These fees
do not include costs of publication, mailing and other costs incurred by the city. These
costs are charged in accordance with PTMC 20.09.040 and 20.09.060. Application and
service fees for the various building, land use and land development permit applications
shall be as follows:
A. Type I Applications (see PTMC 20.01.040).
1. Building permits: the fees and charges set forth in the Uniform Building Code,
as currently adopted by the city, plus an additional special examiner/special inspector fee
pursuant to the Nonresidential Energy Code as set forth in the suggested fee schedule set
by the utility code group;
2. Home occupation permits: $75.00;
3. Sign permits: $35.00, plus an additional $10.00 for each additional sign
included in the same permit application;
4. Lot line adjustments not resulting in lot reorientation: $150.00, plus $50.00 per
hour of staff time spent in excess of three hours;
5. Recognition and certification of a single lot of record: $75.00;
6. Recognition and certification of two to nine lots of record: $150.00, plus
$50.00 per hour of staff time spent in excess of three hours;
7. Binding site plans: $400.00, plus an additional $50.00 per hour for staff time in
excess of eight hours including cottage housing developments (CHDs);
8. Multiple-family development permits: $200.00 for the first 20 dwelling units,
plus $10.00 per dwelling unit over 20 units, plus $50.00 per hour for staff time in excess
of 10 hours;
9. Temporary use permits: $75.00;
10. Re-establishment of a temporary use permit which had been issued in the prior
year for a proposed use which is unchanged from the prior year: $35.00; 11. Minor amendments to an approved PUD: $150,00;
12. Modification or vacation of an approved binding site plan: $150.00, plus
$50.00 per hour for staff time in excess of five hours;
13. Advance determinations under the environmentally sensitive areas ordinance:
$100.00;
14. Shoreline exemption letter or a residential setback analysis: $75.00;
15. Temporary certificate of occupancy: $50.00 for each residential dwelling unit;
$100.00 for commercial, industrial, and institutional uses;
16. Revision of a permit application or of conditions of prior approval: $50.00 per
hour of staff time, plus other direct costs to process the revision;
17. Minor activities environmentally sensitive area permit: $150.00;
18. Waiver request under Chapter 19.05 PTMC, Environmentally Sensitive Areas:
$100.00;
19. Type I personal wireless service facility permits (Chapter 17.78 PTMC):
$150.00, plus $50.00 per hour for staff time in excess of three hours.
Page 11 Ordinance 2837
Exhibit B
20. Tree removal activity combined with statement of intent not to convert
commercial forest lands (Chapter 19.06): $50 + Auditor's recording fees;
21. Tree removal activity requiring a written exemption (Article II - 19.06.070)
and minor modifications to approved tree conservation plans (19.06.210): $ 50;
22. Minor modifications to approved tree conservation permits or tree
conservation plans (19.06.210): $75;
B. Type II Applications (see PTMC 20.01.040).
1. Minor variances, including sign variances: $150.00;
2. Minor conditional use permits: $250.00, plus an additional $50.00 per hour of
staff time spent in excess of five hours;
3. Short subdivisions and lot line adjustments resulting in lot reorientation:
$250.00, plus $50.00 per hour of staff time in excess of five hours;
4. Environmentally sensitive area permits: for minor projects, $250.00, plus
$50.00 an hour of staff time spent in excess of five hours; for major projects, $500.00,
plus $50.00 per hour of staff time spent in excess of 10 hours;
5. Environmentally sensitive area reasonable use exception applications: $250.00,
plus $50.00 an hour of staff time spent in excess of five hours;
6. Revision of a permit application or of conditions of prior approval: $50.00 per
hour of staff time, plus other direct costs to process the revision;
7. Type II personal wireless service facility permits (Chapter 17.78 PTMC):
$500.00, plus $50.00 per hour for staff time in excess of 10 hours;
8. Preliminary plat and short plat time extensions: $150.00, plus $50.00 per hour
for staff time in excess of 10 hours.
9. Tree removal activity classified as a tree conservation permit approval (Article
II) affecting 40,000 s.f. land area or less: $100, for activities affecting 40,000 s.f. or more
of land area but not exceeding five (5) acres: $250, affecting land area of five (5) or
more acres: $500
C. Type III Applications (see PTMC 20.01.040).
1. Major variances: $250.00 for single-family residences; $400.00 for other
variances;
2. Major conditional use permits: $500.00 for major projects, plus an additional
$50.00 per hour of staff time spent in excess of 10 hours;
3. Full subdivisions or planned unit developments: $500.00, plus an additional
$30.00 for each lot or dwelling unit proposed, plus an additional $50.00 per hour of staff
time spent in excess of 10 hours;
4. Major amendments to approved PUDs: $500.00, plus an additional $50,00 per
hour of staff time spent in excess of 10 hours;
5. Site-specific rezones which are consistent with the comprehensive plan:
$500.00, plus $50.00 per hour of staff time spent in excess of 10 hours;
6. Shoreline substantial development permit applications: a base fee of $400.00
for a primary use and $500.00 for a secondary use or $600.00 for a conditional use. In
addition, an hourly fee in the amount of $50.00 shall be charged for staff time in excess
of 10 hours;
7. Shoreline variance application: $400.00, in addition to the amounts charged for
a shoreline exemption letter or a residential setback analysis, if requested. In addition, an
hourly fee in the amount of $50.00 shall be charged for staff time in excess of eight
Page 12 Ordinance 2837
Exhibit B
hours;
8. Revision of a permit application or of conditions of prior approval: $50.00 per
hour of stafftime, plus other direct costs to process the revision;
9. Type III personal wireless service facility permits (Chapter 17.78 PTMC):
$1,750, plus $50.00 per hour for staff time in excess of five hours.
D. Type IV Applications (see PTMC 20.01.040).
1. Final long plat approval: $300.00, plus filing costs;
2. Final PUD approval: $300.00, plus filing costs;
3. Final short plat approval for two to four lots: $100.00, plus filing costs; $200.00
for five to nine lots, plus filing costs.
E. Type V Applications (see PTMC 20.01.040).
1. Comprehensive plan and/or subarea plan amendments: $500.00, plus $50.00
per hour for staff time spent in excess of 10 hours;
2. Amendment, supplementation or modification to the text of the zoning code or
other land use codes: $500.00, plus $50.00 per hour of staff time spent in excess of 10
hours;
3. Shoreline master program (SMP) amendments: $500.00, plus $50.00 per hour
of staff time spent in excess of 10 hours;
4. Street vacations: $300.00, plus the cost of property appraisal.
F. Unspecified land use and development permit application fees: $250.00, plus
$50.00 per hour of staff time spent in excess of 10 hours, or such other fee as established
by the director of BCD based upon the most closely related land use permit fee listed.
Page 13 Ordinance 2837
Exhibit B
EXHIBIT "C"
SECTION 1. Chapter 12.24, Street and Park Trees, of the Port Townsend
Municipal Code (PTMC), is amended to read as follows (underline is added text):
Chapter 12.24
STREET AND PARK TREES
Sections:
12.24.010
12.24.020
12.24.030
12.24.040
12.24.050
12.24.060
12.24.070
12.24.080
Purpose.
Definitions.
Maintenance
Abuse or mutilation prohibited.
Landmark Trees - Qualification.
Maior Pruning or Removal of Landmark trees.
Violations and penalties - Enforcement.
Urban Forestry Account.
12.24.010 Purpose.
A__~. Much of the beauty of the city is concentrated in the trees situated in and along the public
rights-of-way within the city. In order to maintain, preserve and enhance the beauty of the city, it
is desirable that the rules and standards set forth in this chapter be established.
B. The National Arbor Day Foundation's Tree City USA program provides an excellent
framework and support system to promote urban forestry in Port Townsend. This chapter is
intended to meet the procedural requirements for obtaining Tree City USA status for the City.
C. It is the policy of the city of Port Townsend to recognize trees, of special significance through
a landmark tree program. Street trees, park trees, other trees on public property_, as wells as trees
on private property may be recognized as landmark trees. Nomination of trees as Landmark
Trees shall only occur with the consent of the property_ owner, or owner(s) of the landmark tree.
12.24.020 Definitions.
A. "Director" means the director of public works, or his or her designee.
B. "Diseased tree" shall mean a tree that in the opinion of the public works director or an expert
approved by the city of Port Townsend (such as but not limited to an experienced forester,
certified arborist, or landscape architect), has a strong likelihood of infecting other trees or brush
in the area or becoming a hazard as a result of the disease.
C. "Hazard tree" shall mean any tree which, in the opinion of the city of Port Townsend BCD
Department or an expert approved by the city of Port Townsend (such as but not limited to a
professional forester, certified arborist, or landscape architect), poses an unreasonable risk of
failure and is a distance of 1 ½ tree length or less from a permanent structure or high use outdoor
area.
D. "Major pruning" means the pruning or cutting out of branches three inches in diameter or
greater; root pruning; or cutting out of branches and limbs constituting greater than fifteen
percent of the tree's foliage bearing area. The work shall retain the natural form of the tree.
E. "Minor pruning" means pruning or cutting out of water sprouts, suckers, twigs, or branches
Page 1 Ordinance 2837
Exhibit C
less than three inches in diameter and which constitute less than fifteen percent of the tree's
foliage bearing area. The work shall retain the natural form of the tree. Removal of dead wood~
broken branches and stubs are included within the definition of minor pruning. Minor pruning
may be performed by the property owner without obtaining a street tree permit from the Ci _ty.
A F. "Park trees" are defined as trees, shrubs, bushes and all other woody vegetation in public
parks (those parks having individual names), or located on all other property owned by the city
within the city limits.
~. G. "Street trees" are defined as trees, shrubs, bushes and all other woody vegetation on land
lying within the public rights-of-way as further defined in the engineering design standards
manual.
H. "Tree City USA" is an organization sponsored by The National Arbor Day Foundation in
cooperation with the United States Department of Agriculture Forest Service and the National
Association of State Foresters, which provides direction, technical assistance, public attention,
and national recognition for urban and community forestry programs.
I. "Urban Forestry" means the management of urban vegetation to meet local needs.
12.24.030 Maintenance.
Other than pursuant to a street development permit under Chapter 12.04 PTMC, the city public
works department or any authorized professional hired by the city public works department shall
have the sole right to cut, trim, prune, maintain and remove all street trees and park trees within
the city as may be necessary for public safety or to preserve or enhance the symmetry and beauty
of such public grounds, streets and sidewalks within the areas shown in the engineering design
standards manual.
12.24.040 Abuse or mutilation prohibited.
It is unlawful for any person to intentionally damage, cut, trim, prune, carve, transplant or
remove any street tree or park tree, or to attach any rope, wire, nail, poster, sign or other object or
contrivance to any street tree or park tree; or to allow any gas, chemical or liquid or any solid
substance of any kind which is harmful to such trees to come in contact with such trees,
including but not limited to gasoline, oil, paint, paint thinner, construction material, plaster,
garbage, litter, wastewater, sewage, soap or detergents, solvents, herbicides, fertilizers, or bleach,
regardless of whether any such materials harm any such tree or not; or to set fire or permit or
allow any fire to bum when such fire or the heat thereof will injure any portion of any street tree
or park tree.
12.24.050 Landmark Trees - Qualification.
A. The landmark tree preservation designation recognizes the significance of certain special
trees to the citizens of Port Townsend. A tree on private or public property may be protected
throughout its useful life because of its contribution to the environment and City character.
B. Property owner consent. To be nominated as a landmark tree, consent of the tree's property
owner, or owners, is required. Forms for nominating a tree as a landmark tree will be maintained
by Public Works.
C. Nominations for landmark tree designation shall be reviewed by the City's tree committee.
To qualify as a landmark tree, one or more of the following criteria must be met:
1. The tree has significance associated with a historical person, place or event;
2. The tree has attained significant size in height, caliper, or canopy spread for its age
and species;
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Exhibit C
3. The tree has unique or uncommon aesthetic qualities for its species;
4. The tree is prominently visible to the public, along a major road or near a public place;
5. The tree possesses rare horticulture value,
D. In addition to the above criteria, to quali~ as a landmark tree the tree must not constitute a
hazard or obstruction.
E. The tree committee shall consider all nominations for landmark tree designation at an open
public meeting.
F. Designation of Landmark Trees.
1. A property owner may propose to the city that a tree located on his or her private
property be designated as a landmark tree. Any ci_ty resident may propose to the city that a tree
located on public property be designated as a landmark tree. No tree may be designated without
the approval of the property_ owner(s) on which the tree, or any portion of the tree's branches or
canopy, is located.
2. Upon receipt of a proposed designation and the approval of the property owner, the ci_ty
tree committee at an open public meeting shall determine whether the tree satisfies the criteria.
for being a landmark tree. The city tree committee shall make a recommendation to the public
works director whether or not to designate the proposed tree as a landmark tree. The director
shall make a final decision on the proposal within 14 calendar days of receiving a
recommendation from the city tree committee.
3. If the city approves the proposed designation, it shall be memorialized in a covenant
signed by the city and the property owner(s) in a form acceptable to the city attorney. The
covenant shall require that the tree be maintained by the property owner(s) in a manner that is
consistent with the provisions of this chapter. The covenant shall also describe the city's role in
providing reasonable technical advice in caring for the tree per subsection 4, below. The
covenant shall be recorded by the county auditor. The city shall pay recording fees. The covenant
and designation shall be effective from the date of recording until such time as approval by the
Public Works Director has been granted for the cutting of the tree.
4. Upon request of a property owner, the city shall provide reasonable advice and
consultation on maintenance of any landmark tree without charge to the property owner.
12.24.060 Maior Pruning or Removal of Landmark Trees.
A. Landmark Tree Cutting Requirements.
1. Property owners may conduct minor pruning of designated landmark trees consistent
with this chapter.
2. Maior pruning or removal of landmark trees requires approval by the Public Works
Director. A request to conduct maior pruning or tree removal shall first be referred to the city's
tree committee for a recommendation. The tree committee shall forward a recommendation to
the public works director.
3. Criteria for major pruning or removal of a landmark tree. The applicant must
demonstrate that major tree pruning or removal is necessary for one of the following reasons:
a "hazard tree";
bo
"diseased tree";
The tree, or a portion of the tree proposed for removal, meets the definition of
The tree, or a portion of the tree proposed for removal, is dead;
The tree, or a portion of the tree proposed for removal meets the definition of a
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Exhibit C
d. That the retention of the tree will have a material, adverse and unavoidable
impact on the use of the property.
4. The director shall review the recommendation of the tree committee and may also seek
the advice of a qualified professional (certified arborist or other qualified tree professional) in
reaching his or her decision.
12.24.070 Violations and penalties - Enforcement.
A. The public works director or his or her designee ("director") is authorized to enforce the
provisions of this chapter. All violations of this chapter are made subject to the enforcement and
penalties provisions of Chapter 20.10 PTMC and the director is authorized to issue all orders and
pursue all civil and criminal remedies and penalties pursuant to that chapter.
B. Pending commencement and completion of the voluntary correction and/or notice and order
procedures of Chapter 20.10 PTMC, the director may order the immediate cessation of any
activity causing the violative condition by notice in writing served on or mailed to the person(s)
engaged in or causing such condition. Such order shall not be affected by any right of appeal
afforded by this chapter.
12.24.080 Urban Forestry Account.
There is establiShed a special revenue account to be knovm as the "urban forestry account" into
which shall be deposited all assessments, fines, gifts designated for trees, money generated from
compensatow payments, permit fees, and the sale of street and park trees and urban forest
products and wood, along with other sums appropriated in the budget from the City general fx~nd,
street fund, utility funds, private gifts, or grants. The account Shall be used for the purposes of
planting, maintaining, protection, inspection, and removal of city street and pa[.k trees and trees
on other city owned properties; and public education.
Section 2: A new Chapter 2.71, Tree Committee, of the Port Townsend Municipal
Code is hereby adopted and shall read as follows:
Sections:
2.71.010
2.71.020
2.71.030
2.71.040
Chapter 2.71
TREE COMMITTEE
Created.
Composition, terms of office and rules.
Definitions
Authority and functions.
2.71.010 Created.
There is established a Port Townsend tree committee, hereinafter referred to as "the tree
committee." ~
2.71.020 Composition, terms of office and rules.
Composition, terms of office, rules and other scope of work assigned by the city council shall be
as provided by council resolution with the following additional provisions:
A. The members of the tree committee shall include but not be limited to members of community
organizations and civic groups involved in arboriculture; as well as tree-related professional such
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Exhibit C
as arborists, tree professionals, landscape architects; and landscape designers, as well as citizens
who have an interest in trees (but no particular knowledge or expertise).
B. All members of the committee must have demonstrated interest in and/or knowledge of the
community's trees and/or the principles of urban forestry.
2.71.030 Definitions
A. "Arboriculture" means the art, science, technology, and business of tree care and cultivation.
B. "Tree City USA" is an organization sponsored by The National Arbor Day Foundation in
cooperation with the USDA Forest Service and the National Association of State Foresters,
which provides direction, technical assistance, public attention, and national recognition for
urban and community forestry programs.
C. "Urban Forestry" means the management of urban vegetation to meet local needs.
2.71.040 Authority and functions.
A. Authority. The tree committee is authorized to:
1. Serve as the citizen advisory committee to allow Port Townsend to obtain and maintain "Tree
City U.S.A." designation;
2. With the assistance of the public works director, or his or her designee, write and implement
an annual community forestry work plan;
3. Apply for grants to help fund and implement the annual work plan;
4. Gather and maintain information and inventories about the City's trees;
5. Promote through education the proper selection, planting, and care of trees in Port Townsend;
6. Promoting Arbor Day activities and celebrations;
7. Working with other similar community groups in Port Townsend to maintain and enhance the
City's trees, parks, and open spaces;
8. Upon request of the public works director make recommendations on matters including, but
not limited to: nominations for landmark tree designations, removal or significant pruning of
street trees, selection of street or park trees, the development of public education programs, the
development of educational materials;
9. Participate in, promote and conduct public information, educational and interpretive programs
pertaining to the City's urban forestry resources;
10. Establish liaison support, communication and cooperation with federal, state and other local
government entities to promote urban forestry objectives, including public education, within the
city area;
11. Recommends legislation regarding the city's street and park trees;
12. Adopts rules of operation and schedule of meetings;
13. Such other functions as directed by the city council.
SECTION 3. Chapter 12.04, Transportation and Rights-of-way Improvement
Standards, of the PTMC is amended to read as follows (underline is added text):
12.04.030 Definitions.
B. Specific Definitions.
"Significant trees and vegetation" means all trees and vegetation, unless otherwise exempted,
situated within opened or unopened public rights-of-way, as follows: (1) trees with a diameter of
12 inches or greater measured four feet from the ground; (2) trees with a diameter of six inches
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Exhibit C
or greater measured four feet from the ground and identified in the engineering design standards
manual as special, landmark or unique species; or (3) any shrubs or other vegetation identified in
the engineering design standards manual or through formal designation as landmark or unique
species.
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Exhibit C