HomeMy WebLinkAbout2799 Adopting Interim Standards for Tree Clearing and PlantingOrdinance No. 2799
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
TOWNSEND, WASHINGTON, ADOPTING INTERIM STANDARDS FOR
TREE CLEARING AND PLANTING, PROVIDING FOR SEVERABILITY
WHEREAS, the City Council finds that implementation of interim tree clearing
and planting standards is necessary to protect the health and welfare of the City's
residents; and
WHEREAS, the standards and procedures contained in the attached Interim Tree
Ordinance reflect the minimum desired standards, and could be used by the City in
evaluation and approval of vegetation clearing activities until a comprehensive tree
ordinance is adopted;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
SECTION I. FINDINGS OF FACT
The City Council of the City of Port Townsend, Washington, hereby adopts the following
Findings of Fact:
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Standards for vegetation clearing and planting are necessary to mitigate
environmental consequences of land development, and to maintain and
improve the quality of Port Townsend's urban environment; and
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Significant additional time will be required to complete adoption of a tree
ordinance with comprehensive standards for vegetation clearing and planting;
and
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The remaining amount of vacant land remaining in Port Townsend may be
cleared of vegetation in a manner which produces adverse aesthetic and
environmental impacts not envisioned in new vegetation clearing and planting
standards; and
D. Implementation of interim tree clearing and planting standards is necessary to
protect the health and welfare of the City's residents; and
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The standards and procedures contained in the Interim Tree Ordinance reflect
the minimum desired standards, and could be used by the City in evaluation
and approval of vegetation clearing activities until a comprehensive tree
ordinance is adopted; and
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Significant trees and forest areas are an integral part of the City's character
and enhance the City's appearance and livability, as well as providing
significant environmental benefits and natural resource values; and
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Removal of forest lands and significant trees may cause loss of wildlife
habitat, increased soil erosion, water and air quality degradation as well as
loss of aesthetic value; and
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The City has authority under RCW 76.09.240 to set standards for certain
forest practices within the City, but has not yet exercised its authority to do so;
and
I. Current development regulations and land use policies do not provide for the
preservation of significant trees; and
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The City Council finds that it is in the public's interest and welfare that the
City of Port Townsend has effective regulations that will contribute to the
preservation of significant trees; and
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The City of Port Townsend is currently reviewing its land use policies in its
Comprehensive Plan, and further reviewing and updating its development
regulations, including those relating to critical areas regulations (including
GMA's mandate to use best available science), storm water regulations and
shoreline regulations. This review and update should be done in a manner
that takes into account the need to preserve significant trees to accomplish
City goals and objectives in these areas; and
The City needs to further study appropriate development regulations and
land use policies that will achieve the objective of preserving significant
trees; and
M. There have been in the recent past several actions by property owners that
have resulted in the loss of significant trees and harvesting of forest lands
without accompanying development; and
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Immediate action is needed to adopt interim regulations to prevent the loss of
significant trees. During the effective period of the interim Ordinance,
which the Council declares should not exceed six months, the Planning
Commission, City Council, and staff will review the City's policies and
receive public comment to determine whether development regulations must
be revised or implemented to prevent the removal of significant trees or
harvesting of forest lands, where this is done without accompanying
approved development or conversion plans, and where, if plans were in
place, it would lead to the preservation of significant trees as part of
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approved development or conversion of forest lands to urban development;
and
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It is necessary this Ordinance go into effective as soon as possible, to place
interim controls prior to the cutting, damaging or removing of significant
trees, or harvesting of forest lands, in order to provide for replacement tree
planting, and/or to allow for the incorporation of existing significant trees into
future land development plans; and
P. This Ordinance is necessary to protect the health and safety of citizens; and
Q. RCW 36.70A.390 authorizes the City Council to adopt moratoria and
interim controls during periods of land use review and study.
SECTION II. ADOPTION AND APPLICABILITY
The Interim Tree Ordinance is hereby adopted, and shall become binding as of the
effective date of this Ordinance on all properties within the City.
SECTION III. FUTURE ADOPTION OF CODIFIED TREE ORDINANCE
The Building and Community Development is instructed to prepare and present a tree
ordinance to the Council by May 31, 2002.
SECTION IV. FEE
The City shall collect a fee of $25.00 for processing a Tree Clearing Permit, except as
noted in Section 7.5.
SECTION V. TITLE, PURPOSE, SCOPE AND DEFINITIONS.
5.1 TITLE
This Ordinance shall be known as the City of Port Townsend "Tree Ordinance," and may
be so cited.
5.2 PURPOSE
This Ordinance is adopted to:
A. Mitigate certain environmental consequences of land development, and to
maintain and improve the quality of Port Townsend's urban environment.
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To promote building and site planning practices that is responsive to the
community's natural environment, without preventing reasonable development
of land.
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C. Regulate clearing of trees and understory vegetation in the City of Port
Townsend in order to:
1. Maintain and enhance the aesthetic, ecological and economic benefits,
provided by vegetation, such as:
a. providing wildlife habitat;
b. reducing runoff and soil erosion;
c. reducing air pollution;
d. masking noise;
e. reducing wind speed and urban "wind tunnels";
f. energy conservation, cooling of urban centers;
g. increasing real property values;
h. enhancing visual and aesthetic qualities of the urban
environment.
2. Maintain the viability of existing stands of trees and understory
vegetation.
3. Promote retention of native vegetation
5.3 SCOPE
This Ordinance sets forth rules and regulations to control clearing of trees and understory
vegetation within the City of Port Townsend.
5.4 DEFINITIONS
The following definitions shall be used in the administration of this Ordinance:
Applicant - Any person proposing to engage in or engaged in any non-exempt clearing of
trees or understory vegetation within the city limits of Port Townsend.
Best Management Practices (BMPs) - Conservation practices and management measures
which serve to protect trees, including the following practices:
1. Avoiding physical damage to tree trunk, branches, foliage and roots;
2. Restricting the movement, operation, and location of construction materials and
equipment to avoid the area under a tree canopy;
3. Minimizing adverse changes in drainage conditions around tree roots.
4. Minimizing adverse changes to the chemical, physical, structural, and organic
characteristics of soil around tree roots.
5. Those conservation practices defined by the State of Washington Department of
Agriculture, Washington State Department of Ecology, and International Society
of Arborists as intended to protect trees.
Caliper - American Association of Nurserymen standard for measurement of trunk size of
nursery stock. Caliper of the trunk shall be taken 6 inches above the ground.
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Canopy - An area encircling the base of a tree, the minimum extent of which is delineated
by a vertical line extending from the outer limit of a tree's branch tips down to the
ground.
Canopy cover: The cumulative areal extent of the canopy of all trees on the site.
Certified arborist - An arborist certified by the International Society of Arboriculture or
National Arborist Association.
Clearing or Tree Clearing - Removal or causing to be removed, through either direct or
indirect actions, any significant trees from a site. Actions considered to be clearing
include, but are not limited to, causing irreversible damage to roots or trunks; poisoning;
destroying the structural integrity; and/or any filling, excavation, grading, or trenching in
the root area of a tree which has the potential to cause irreversible damage to the tree.
Diameter/Diameter-breast-height (d.b.h.) - The diameter of any tree trunk, measured at
4 1/2 feet above average grade.
Director - The Director of the City of Port Townsend Building and Community
Development Department or his/her designee. The Director is the responsible
Administrative Officer of this Ordinance, with the authority to establish regulations and
procedures to carry out the intent of this Ordinance.
Essential root zone - The area located on the ground between the tree trunk and 10'
beyond the canopy.
Filling - The act of transporting or placing (by any manner or mechanism) fill material
from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material
(including temporary stock-piling of fill material).
Grading - Any excavating, filling, clearing, or the creation of impervious surface, or any
combination thereof, which alters the existing surface of the earth.
Groundcover - Trees, shrubs and any other plants or natural vegetation which covers or
shades in whole or in part the earth's surface.
Hazardous tree - A tree with a structural defect or disease, or that impedes safe vision or
traffic flow, or otherwise currently poses a threat to life or property.
Land-Altering activity - Any activity that results in change of the natural cover or
topography, as defined in the City of Port Townsend Engineering Design Standards.
Landscape architect - A person licensed by the State of Washington to engage in the
practice of landscape architecture as defined by RCW 18.96.030.
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Landscape plan - see Plan.
Mitigation plan - see Plan.
Person - Any legal entity recognized by the State of Washington for the purpose of
assigning legal responsibility, to include, but not limited to: individuals, partnerships,
firms, associations, commissions, boards, utilities, institutions, and estates.
Plan - A sketch, survey or other drawing, photograph or similar document which may be
a part of the set of permit drawings or construction documents, and which contains
information related to vegetation clearing and planting, sufficient for the Director to
make a final permit decision.
Property owner - The owner of record for a site, or his or her authorized representative.
Protected tree/protected vegetation - A tree or area of understory vegetation identified on
an approved Landscape Plan to be retained and protected during construction.
Protection measure - A practice or combination of practices (e.g. construction barriers,
protective fencing, tree wells, etc.) used to control construction or development activity,
where such activity may impact vegetation that is approved for retention in a Tree
Clearing Permit.
Protective fencing - A temporary fence or other structural barrier installed to prevent
permitted clearing or construction activity from adversely affecting vegetation that is
approved for retention in a Tree Clearing Permit.
Sensitive Area and Sensitive Area Buffer - Wetlands, watercourses, landslide hazard
areas and other areas and their buffers as designated or defined now or hereafter in
Chapter 19.05 PTMC - Environmentally Sensitive Areas.
Sensitive Areas Ordinance - City of Port Townsend Ordinance No. 2367, as amended
hereafter, and codified in Chapter 19.05 PTMC - Environmentally Sensitive Areas,
that establishes standards for land development on lots with sensitive areas (e.g. steep
slopes, wetlands, watercourses, etc.).
Significant tree - Any tree with a minimum diameter of 12 inches.
Site - Any legally defined section of real property, whose boundaries are recorded for
purposes of assessing taxes with the county Assessor's Office, where vegetation clearing
activities are proposed or have occurred.
Site plan - see Plan
Surveyor - A person licensed by the State of Washington to engage in the practice of land
surveying, as defined by RCW 18.43.020.
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Tree - Any self-supporting woody plant, characterized by one main trunk, with a
potential diameter-breast-height of two (2) inches and potential minimum height of ten
(10) feet.
Tree Clearing - see Clearing.
Tree Clearing Permit - Permit issued by the BCD Director authorizing clearing activities
pursuant to Section VII of this Ordinance.
Understory Vegetation - Small trees, shrubs, and groundcover plants, growing beneath
and shaded by the canopy of a significant tree that affect and are affected by the soil and
hydrology of the area surrounding the significant tree roots.
Vegetation - Living trees, shrubs or groundcover plants.
SECTION VI. EXEMPTIONS
The following activities are exempt from the application of this Ordinance and do not
require a Tree Clearing Permit:
1. Clearing of up to 4 significant trees on a site currently zoned and developed
for single family residential use within any thirty-six (36)- month period;
unless the significant trees to be removed are located in a Sensitive Area,
Sensitive Area Buffer or within the Shoreline Zone.
2. Removal of hazardous trees, dead trees, diseased trees, or damaged trees
which constitute a hazard to life or property, consistent with the application of
the City's engineering design standards.
3. Tree clearing or removal necessary to the operation of an established
commercial plant nursery.
4. Construction and maintenance of streets and utilities within City-approved
right-of-ways and easements, consistent with the City's engineering design
standards, or vision clearance triangles.
5. The clearing or removal of any significant trees that is accomplished in
relation to and necessary for the construction of buildings, parking and
driveways in connection with the issuance of a project permit of the following
type: building permit, street and utility development permit, minor
improvement permit, or preliminary short plat or subdivision approval.
Exempt activity requires a written exemption issued by the Director.
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SECTION VII. GENERAL PERMIT PROVISIONS
7.1 MANDATORY STANDARDS
All removal of significant trees shall be undertaken in accordance with the mandatory
standards specified in Section VII of this Ordinance, except as provided in Section 7.4,
Waiver to Permit Materials, or Section 7.7, Exceptions.
7.2 PERMIT REQUIRED
No person shall conduct any clearing of significant trees without first obtaining a Tree
Clearing Permit on a form approved by the Director; unless specifically exempted under
Section VI of this Ordinance.
7.3 PERMIT APPLICATION MATERIALS
The following materials are required to obtain a Tree Clearing Permit:
A. Site Plan of the proposal showing:
1. Diameter, species name, location and canopy of existing significant trees
in relation to proposed and existing structures, utility lines, and
construction limit line;
2. Identification of all significant trees to be removed and/or relocated;
3. Existing and proposed topography of the site at two foot contour intervals;
4. Limits of any Sensitive Area and Sensitive Area buffer, and mean high
water mark or ordinary high water mark of the river, as identified by a
surveyor.
A. Landscape Plan for the proposal showing:
1. Diameter, species name, spacing and location of replacement
trees/vegetation to be used to replace vegetation cleared;
2. Diameter, species name and location of all significant trees and vegetation
to be retained;
3. Proposed vegetation protection measures;
4. Any other measures proposed to restore the environmental and aesthetic
benefits previously provided by on-site vegetation.
C. Professional review or recommendation
Submittal of, or agreement to submit, a review, evaluation, recommendation or
plan related to clearing of significant trees or replacement prepared by a
professional consultant(s), such as a landscape architect, surveyor, or certified
arborist. Services may include, but are not limited to:
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1. Providing a written evaluation of the anticipated effects of proposed
construction on the viability of trees on site; and/or
2. Developing plans for, supervising, and/or monitoring implementation of
any required tree protection or replacement measures; and/or
3. Post-construction site inspection and evaluation.
D. Time schedule
Proposed time schedule of vegetation removal, relocation and/or replacement, and
other construction activities that may affect on-site vegetation, Sensitive Area,
Sensitive Area Buffer, and/or Shoreline Zone.
E. Additional studies and conditions
The Director may require supplemental studies or other documentation, or specify
conditions for work, at any stage of the application or project as he/she may deem
necessary to ensure the proposal's compliance with requirements of this
Ordinance, the Sensitive Areas Ordinance or Shoreline Zone regulations, or to
protect public or private property. These conditions may include, but are not
limited to: hours or seasons within which work may be conducted, or specific
work methods.
7.4 WAIVER TO PERMIT MATERIALS
The Director may waive or modify the requirement for any or all plans or permit
materials specified in Section 7.3 upon finding that the information on the application is
sufficient to demonstrate that the proposed work will meet the approval criteria under
Section 7.6 and other City ordinances. Such waiver of a requirement for permit materials
shall not be construed as waiving any other requirements of this or related regulations.
7.5 APPLICATION FEE
A non-refundable permit application fee of $25 will be collected at the time of submittal
of a Tree Clearing Permit application. The application fee will provide for the cost of:
plan review; administration and management of the permitting process; inspections; and
processing of exceptions to standards and appeals pursuant to this Ordinance.
7.6 PERMIT APPROVAL CRITERIA
To the extent that vegetation retention and/or replacement is consistent with project
feasibility or reasonable use of the property, tree clearing shall be planned and conducted
to meet all of the criteria below. These criteria shall be the basis for approval, approval
with conditions or denial of any tree clearing included in a Tree Clearing Permit
application.
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A. TREE RETENTION
Site improvements shall be designed and constructed to retain as many existing
healthy trees as possible, and to meet the following criteria:
1. Priority shall be given to retention of existing stands of trees, trees at site
perimeter, trees within the shoreline environment, in Sensitive Areas or
Sensitive Area Buffers, and healthy mature trees.
2. All understory vegetation within the essential root zone of protected trees
shall be:
a. retained; OR
b. removed by methods which are non-damaging to the tree, and
replaced with vegetation with horticultural requirements which are
compatible with protected trees.
Vegetation removal in connection with tree clearing shall be undertaken in
such a manner as to preserve, to the degree possible, the aesthetic and
ecological benefits provided by such vegetation.
On parcels or lots 10,000 square feet or more in area, or on contiguous
property under the same ownership 10,000 square feet or more in area, no
more than ten trees or 20% of the trees on the property, whichever is
greater, may be removed within a calendar year; Provided, trees removal
on such property shall be accomplished in such a manner that trees located
adjacent to right(s) of way or perimeters are removed last (except for tree
removal necessary to access the property). Exception to this requirement
may be allowed Section 7.7 Exceptions, or in connection with clearing or
removal of any significant trees that is accomplished in relation to and
necessary for the construction of buildings, parking and driveways in
connection with the issuance of a project permit of the following type:
building permit, street and utility development permit, minor improvement
permit, or preliminary short plat or subdivision approval.
B. TREE PROTECTION MEASURES
1. The proposal shall include tree protection measures which meet or exceed
best management practices and current standards of professional
arboriculture, and which are sufficient to ensure the viability of protected
trees and other vegetation identified for retention pursuant to Sections 7.6
(A), (B) and (C), and shall include measures sufficient to protect any
Sensitive Area and its Buffer.
2. During clearing and/or construction activities, all protected vegetation
shall be surrounded by protective fencing that prevents adverse impacts
associated with clearing from intruding into areas of protected vegetation.
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C. TREE REPLACEMENT
The site shall be planted with trees to meet the following minimum requirements:
1. Each existing significant tree removed shall be replaced with new tree(s),
based on the size of the existing tree, per Table A below, up to a
maximum density of 70 new trees per acre.
2. Table A, Tree Replacement Ratios Diameter of Existing Number of
Replacement Tree Removed: Trees Required:
Diameter of Existing Tree Removed
trees
No. o f Replacement
4" - 8" 1
8"- 12" 2
12"- 18" 4
18" 24" 6
24" 8
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Prior to any significant tree removal, the applicant shall demonstrate
through a Landscape Plan, Sensitive Area Mitigation Plan or other
materials required per Section 7.3 that replacement will meet the
following minimum standards:
a. Minimum sizes shall be: 2-1/2-inch caliper for deciduous trees, 6
to 8 feet in height for evergreen trees, 24 inches in height for
shrubs.
b. Replacement plants shall meet current American Association of
Nurserymen standards for nursery stock;
c. Planting and maintenance of required replacement vegetation
shall be in accordance with best management practices for
landscaping which ensure the vegetation's long-term health and
survival.
D. SURROUNDING ENVIRONMENT
The timing of, and methods to be used in any proposed vegetation removal shall
be such that impacts to protected vegetation, wildlife, fisheries and the
surrounding environment are minimized.
A. TREE RELOCATION
Tree relocation shall be carried out according to best management practices, and
trees proposed for relocation shall have a reasonable chance of survival.
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7.7 EXCEPTIONS
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The Director may grant exceptions from the requirements of this Ordinance
when undue hardship may be created by strict compliance with the provisions
of this Ordinance. Any authorization for exception may prescribe conditions
deemed necessary or desirable for the public interest, or necessary to meet the
intent of this Ordinance.
B. An exception to this Ordinance shall not be granted unless all of the following
criteria are met:
1. Strict compliance with the provisions of this Ordinance may jeopardize
project feasibility or reasonable use of property.
2. Proposed vegetation removal, replacement, and any mitigative measures
proposed, are consistent with the purpose and intent of this Ordinance
given in Section 5.2.
3. The granting of the exception or standard reduction will not be detrimental
to the public welfare or injurious to other property in the vicinity.
C. In addition to the above criteria, the Director may also consider any of the
following in reviewing an exception request:
The recommendation of a certified arborist supports the exception.
1. The size of the site or project cannot support the number of required
replacement trees, and off-site tree planting is proposed which furthers the
goals of this Ordinance and other City policies.
2. On-site planting of all required replacement trees is not feasible, and the
project includes an equivalent contribution in funds and/or labor and
materials for off-site tree planting as jointly agreed by the applicant and
Director.
3. Smaller-sized replacement plants are more suited to the species, site
conditions, and to the purposes of this Ordinance, and are planted in
sufficient quantities to meet the intent of this Ordinance.
D. RETENTION AND REPLACEMENT OF CANOPY COVER
For undeveloped sites or sites with dense stands of trees, where the cost of
identification of individual tree species and sizes is inordinate relative to the
project, the Director may allow the applicant to use the tree canopy cover
approach outlined below to calculate retention and replacement of trees:
The site shall have a minimum canopy cover equal to twenty percent
(20%) of the site area, or equal to the existing canopy cover whichever is
less.
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To meet the requirements for site canopy cover, canopy cover may consist
of any combination of existing trees and replacement trees. Canopy cover
of each new tree shall be calculated at 314 square feet.
E. EXCEPTION PROCEDURES
An application for any exception from this Ordinance shall be submitted in
writing by the property owner to the Director, and shall accompany the
application for a Tree Clearing Permit. Such application shall fully state all
substantiating facts and evidence pertinent to the exception request, and include
supporting maps or plans. The Director shall not grant an exception unless and
until sufficient reasons justifying the exception are provided by the applicant.
7.10 PERMIT PROCESSING AND DURATION
A. If the proposed vegetation clearing and permit application meet the
requirements of Sections 7.3 through 7.7, the Director shall approve the
application and issue the Tree Clearing Permit.
B. If the Tree Clearing Permit application is not approved, the Director shall
inform the applicant in writing of the reasons for disapproval.
C. From the date of issuance, permits shall be valid for a period of 180 days.
7.11 PERMIT CONFORMANCE
A. PLAN CONFORMANCE
All work must be performed in accordance with approved Permit plans specified
in Section 7.3 or revised plans as may be determined by the Director. The
applicant shall obtain permission in writing from the Director prior to modifying
approved plans.
B. TREE PROTECTION MEASURES
All tree and vegetation protection measures shown on approved permit drawings
shall be installed prior to initiation of any clearing of significant trees.
C. PROTECTION OF PROPERTY
The applicant shall at all times protect improvements to adjacent private
properties and public right-of-ways or easements from damage during clearing.
The applicant shall restore to the standards in effect at the time of the issuance of
the permit any public or private improvements damaged by the applicant's
operations.
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D. MAINTENANCE RESPONSIBILITY
Ail protected and replacement trees and vegetation shown in approved Tree
Clearing Permit materials shall be maintained in healthy condition by the property
owner throughout the life of the project, unless otherwise approved by the
Director in a subsequent Tree Clearing Permit.
SECTION VIII. VIOLATIONS AND ENFORCEMENT
8.1 VIOLATIONS
The following actions shall be considered violations of this Ordinance: Clearing, of
significant trees not authorized under, or in accordance with an approved Tree Clearing
Permit, where such permit is required, or not in accordance with the provisions of this
Ordinance. Each tree that is cleared, not replaced or not maintained as required by this
Ordinance shall constitute a separate violation.
8.2 ENFORCEMENT
Enforcement shall be by procedures specified in Chapter 20.10 PTMC Land Use
Administration and Enforcement.
8.3 PENALTIES
The penalty for a violation of any provision of this Ordinance shall be as established by
Chapter 20.10 PTMC Land Use Administration and Enforcement.
SECTION IX. GENERAL ADMINISTRATIVE PROVISIONS
9.1 LIABILITY.
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Liability for any adverse impacts or damages resulting from work performed
in accordance with a Tree Clearing Permit issued on behalf of the City within
the City limits, shall be the sole responsibility of the owner of the site for
which the Permit was issued.
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Nothing contained in this Ordinance shall be deemed to relieve any property
owner within the City limits from the duty to keep any tree or vegetation upon
his property or under his control in such condition as to prevent it from
constituting a hazard, or a nuisance per Chapter 8.28.
9.2 OTHER LAWS
A. Whenever conflicts exist between this Ordinance and federal, state or local
laws, ordinances or regulations, the more restrictive provisions shall apply.
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Neither this Ordinance nor any administrative decisions made under it
exempts the applicant from procuring other required permits or complying
with the requirements and conditions of such a permit.
SECTION X. SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction such invalidity or unconstitutionality
shall not affect the validity or constitutionality of this Ordinance as a whole, or any other
section, provision, or part thereof not adjudicated to be invalid or unconstitutional and its
application to other persons or circumstances shall not be affected.
SECTION XI. EFFECTIVE DATE
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
regular meeting thereof, held this twenty-fifth day of February, 2002.
Attest:
Kees Kolff, Mayor /I
Approved as to Form:
John P. Watts, City Attorney
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