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HomeMy WebLinkAbout3511_ 11 -.. _o ORDINANCE NO. -361( AN ORDINANCE of the City of Port Angeles, Washington adding a new Chapter 11.13 to Title 11 of the Port Angeles Municipal Code establishing a system for management of trees in the City of Port Angeles public rights -of -way. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. A new Chapter is added to Title 11 of PAMC to read as follows: Sections: 11.13.010 Applicability 11.13.020 Findings of Fact 11.13.030 Purpose and Intent 11.13.040 Definitions 11.13.050 Street Trees — General Requirements 11.13.060 Administration 11.13.010 APPLICABILITY This ordinance applies to all trees located within public rights -of -way of the City of Port Angeles (City), referred to as "Street Trees." Nothing in this chapter applies to trees on other property. The provisions of this chapter are intended to supplement, and not to repeal or supersede, other applicable sections of the Port Angeles Municipal Code (PAMC). 11.13.020 FINDINGS OF FACT Street trees provide a wide range of environmental, social, aesthetic and economic benefits. The City of Port Angeles City Council hereby finds that these benefits include: 1. Improvement of air quality through absorption of carbon dioxide, production of oxygen, and removal of particulate materials; 2. Conservation of energy through reduction of weather impacts by shade production and wind moderation; 3. Reduction of stormwater impacts by modifying runoff patterns to improve water quality; reduce surface erosion and the risk of landslides; reduce siltation and water pollution in the City's streams and the waters of the Port Angeles Harbor; and reduced flood hazard. 4. Provision of habitat for wildlife. 5. Increased property values. 6. Enhancement of appearance and character of neighborhoods. 7. Relief from adverse impacts from environmental conditions including wind, rain, and sun. 11.13.030 PURPOSE & INTENT A. The purpose of this chapter is to establish a system and framework for the management of the street trees, to promote the health of the tree canopy located within the City's rights -of- way, and to provide minimum standards for the preservation, protection and enhancement of the street trees to: 1. Enhance economic opportunities over the long term by maintaining Port Angeles as an attractive and progressive community. 2. Safeguard and enhance property values. 3. Reduce the adverse impacts of development to existing land uses and the environment by providing relief from traffic, noise, heat, glare, dust, and debris. 4. Preserve and enhance the City's physical and aesthetic character by discouraging indiscriminate removal or destruction of street trees; 5. Ensure that appropriate tree species are planted. 6. Manage trees which pose a threat, danger, or nuisance to public safety, public and private property, or interfere with City utilities or infrastructure. 7. Promote the public health, safety, and general welfare of the citizens of Port Angeles while encouraging the reasonable development of land. S. Implement policies of the City's Comprehensive Plan. 9. Meet the requirements to attain Tree City USA status established by the National Arbor Day Foundation as directed by the City Council. 11.13.040 DEFINITIONS The definitions contained in the City of Port Angeles Urban Services Standards & Guidelines manual and in the American National Standards Institute's Tree, Shrub, and Other Woody Plant Maintenance — Standard Practices, A300 Parts 1, 2, and 3, a copy of which will be kept on file by the City, are incorporated herein by this reference. 11.13.050 STREET TREES - General requirements A. For new development, redevelopment and land divisions in all zones, street tree requirements are as follows: I . All trees planted in the right -of -way shall be selected from the list of City approved street trees. The List of Approved Street Trees is established in the Port Angeles Urban Services Standards and Guideline Manual. 2. A Street Tree Planting Plan shall be submitted to and approved by the Community Forester as part of any development permit application. All proposed trees shall be shown on the plan with the species indicated. 3. Street trees shall be planted within the public right -of -way in accordance with the details provided in the current Urban Services Standards and Guidelines. 4. The owner shall install the street tree(s) specified on the Landscape Plan prior to the issuance of final project approval or issuance of Certificate of Occupancy. Street tree plantings may be delayed between May 1 and October 1. In this case, the owner shall provide an assurance acceptable to the City for any required tree planting. The assurance must be provided prior to approval and acceptance and /or the issuance of a Certificate of Occupancy. B. Street tree requirements in previously developed area. In addition to the above requirements, the following also apply; 1. Approval by the Community Forester and the Public Works and Utilities Department shall be required to plant, remove or prune trees in the public right -of -way. Approval shall include but not be limited to: a. A right -of -way use permit per 11.1 PAMC; b. A utility locate; C. A review of planting site, plant type, plant quality and planting or pruning techniques proposed. 2. Where new street trees cannot be planted due to portions of rights -of -way having been previously paved or otherwise rendered unsuitable to plant trees, a fee -in -lieu of planting may be required. Such fee shall be calculated in accordance with this Ordinance and be deposited into the Community Forestry Fund. C. Street Tree Maintenance 1. The Community Forester shall have the right to either conduct or authorize any trimming, pruning, maintenance and /or removal activities for all street trees and trees located on City property as may be necessary for public safety or in support of the goals of a "Community Forestry Plan ". 2. Street tree maintenance shall be in compliance with standards for tree care as outlined in the Urban Services Standards & Guidelines. 3. Minor tree pruning may be performed by the owner of property adjoining the right -of- way in which a street tree is located with prior approval from the Community Forester. 3 4. Major pruning or removal of large or significant street trees requires prior approval by the Community Forester. A request to conduct major pruning or tree removal shall first be referred to the Community Forester for a recommendation. Major pruning is defined in the Urban Services and Standards Guidelines. 5. For major pruning or removal of a large or significant street tree, the applicant must demonstrate that major tree pruning or removal is necessary for one or more of the following reasons: a. The tree, or a portion of the tree proposed for removal is deemed a hazard tree by certified arborist or Community Forester; b. The tree, or a portion of the tree proposed for removal, is dead; C. The tree, or a portion of the tree proposed for removal is diseased or infested with an invasive insect pest and no remedial treatment is available; d. That the retention of the tree will have a material, adverse and unavoidable impact on the use of the property. 6. A maintenance responsibility notation indicating that the required street tree maintenance is the responsibility of the adjoining property owners shall be placed on all final plats. D. Removal of stumps. All stumps of street trees shall be removed so that the top of the stump shall not project above the surface of the ground. E. Abuse or mutilation of trees prohibited. 1. It is unlawful for any person to intentionally damage, carve or otherwise injure any street tree and may be considered abuse or mutilation of a tree and may require remedial action under Section 8.30 PANIC. 2. Pruning of street trees that does not meet the best management practice for pruning standards as established in the Urban Services Standards and Guidelines Manual may be considered abuse or mutilation of a tree and may require remedial action under Section 8.30 PANIC. 3. Exemptions. The following conditions are exempt from the requirements of this ordinance. 1. Work required as a result of emergencies involving, but not limited to: windstorms, floods, freezes, or other natural disasters. Other requirements of this chapter may be waived by the Community Forester when deemed appropriate. 2. Work required to maintain and protect public safety, public utilities, and infrastructure when deemed necessary by the Director of Public Works and Utilities (Director) or his /her designee. 3. Other requirements as recommended by the Community Forester: 11 a. Appeals. An applicant may appeal in writing to the Public Works and Utilities Department Director any decision made by Community Forester within 30 days of the decision being rendered. The applicant may appeal the decision in writing to the City Manager within 30 days of the decision being rendered by the Public Works and Utilities Director. 11.13.060 ADMINISTRATION A. This chapter establishes the policy of the City as it relates to the management and preservation of street trees located within its rights -of -way. B. A Community Forester shall be appointed by the City Manager. 1. The Community Forester shall prepare a manual that defines the specific measures as necessary to implement the provision of this chapter. The manual shall include: a. A list of approved trees for planting in street rights -of -way. b. Planting, staking and guying guidelines. C. Pruning guidelines. d. Fertilization, irrigation and pest management guidelines. e. Definitions. f. Standards for planting and maintenance of street trees consistent with this ordinance. 2. All work performed on community street trees pursuant to this chapter shall be done within a sixty day period from issuance of approval, or such other period as may be agreed upon by the applicant and the permitting authority. 3. The Community Forester may add conditions to the authorization for the removal of a community street tree with tree replacement. The full cost of removal and replacement, if so conditioned, shall be borne by the abutting property owner. Such condition will be supported by a written justification. C. Tree Valuation method. See Tree Preservation and Protections section 11.13.050.F.(2) PAMC. D. Community Forestry Account. There is hereby established a special revenue account to act as a Community Forestry account into which shall be deposited all assessments, fines, gifts designated for trees, money generated from compensatory payments, and the sale of forest products and wood, along with other sums appropriated in the budget from the City's general fund, street fund, utility funds, or grants. The account shall support the Community Forest Program for the purposes of planning, planting, maintenance, protection, inspection, public education and removal of community street trees and trees on city -owned properties. E E. Assurance of work completion. A property developer or owner shall provide assurance, as warrantee for the success of any street trees required as a condition of subdivision approval planted in the right -of -way for a period of two (2) full growing seasons after the approval and /or acceptance thereof by the City. The assurance will be required for residential developments within one year of the date of recording a final plat or before the final certificate of occupancy is issued for the development or use, whichever case occurs first. 1. The surety shall be in the amount of 150% of the estimated cost of removing, replacing, and establishing any required street trees and shall be coordinated with other related. 2. An itemized estimate shall be provided by the owner and based on a written quotation from a licensed commercial landscape contractor and deemed to be acceptable to the Community Forester. 3. The Community Forester shall make an inspection and notify the owner or developer of any corrections to be made within the period covered by the bond. 4. Non liability of the City of Port Angeles. Nothing in this chapter is intended to or shall be construed to impose any liability upon the City or any of its officers, agents, or employees. 5. Enforcement. It shall be the duty of the Community Forester to further the goals of this Ordinance. The Community Forester shall have the authority to approve alternate methods of compliance with the provisions of this chapter when the overall purpose and intent of this Ordinance and /or specific guidelines can be met by such alternatives. Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This Ordinance is subject to referendum. Unless a referendum petition is filed, this ordinance shall take effect thirty (30) days after passage and publication of an approved summary thereof consisting of the title. no PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15' day of July, 2014 APP OVED AS TO FORM-.,,---,,, William E. Bloor, City A Attorney ATTEST: J e sa Hurd, City Clerk 1 s Dan Di uilio, Mayor PUBLISHED: A, 2014 B u mart' 7 Summaries of Ordinances Adopted by the Port Angeles City Council On July 15, 2014 Ordinance No. 3510 THIS ORDINANCE of the City of Port Angeles, Washington, amends the 2014 budget and funds. This Ordinance shall take effect five days after passage and publication of summary. Ordinance No. 3511 THIS ORDINANCE of the City of Port Angeles, Washington, adds a new Chapter 11.13 to Title 11 of the Port Angeles Municipal Code establishing a system for management of trees in the City of Port Angeles public right -of -way. This Ordinance shall take effect thirty days after passage and publication of summary unless a referendum petition is filed. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityfpa.us, or will be mailed upon request. Office hours are Monday through Friday 8:00 a.m. to 5:00 p.m. Janessa Hurd, CMC City Clerk Publish: July 20, 2014