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790 Amend YMC Ch. 14.16ORDINANCE NO. 790 AN ORDINANCE OF THE CITY OF YELM, WASHINGTON, AMENDING YELM MUNICIPAL CODE CHAPTER 14.16, PROTECTION OF TREES AND VEGETATION. WHEREAS, Chapter 14.16 Yelm Municipal Code establishes a tree and vegetation code, providing for the protection and maintenance of trees within the City; and WHEREAS, Chapter 2.34 Yelm Municipal Code establishes a tree advisory board to advise the City Council on tree related issues; and WHEREAS, the Yelm Tree Advisory Board has reviewed Chapter 14.60 Yelm Municipal Code for consistency, and has recommended amending Chapter 14.16; and WHEREAS, Section 14.16.030 Yelm Municipal Code does not include City Park Trees, although trees within Yelm City Parks are City owned trees, and should be classified, maintained, and protected as City trees; and WHEREAS, Section 14.16.060 (A) Yelm Municipal Code lists 7 trees species as official street trees, however, the Yelm Tree Advisory Board has created and maintains a separate list of desirable street trees; and WHEREAS, Section 14.16.150 Yelm Municipal Code deems a violation of the chapter a criminal offense, the Yelm Tree Advisory Board wishes to have the ability to work with a property owner to mitigate violations to this section, preserving the criminal penalty for those persons not willing to mitigate; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 14.06.030 Yelm Municipal Code is hereby amended as follows: Definitions. "City" means the City of Yelm, Washington. "Code administrator" means the chief administrative officer or his/her designated representative. "Drip line" of a tree means an imaginary line on the ground created by the vertical projections of the foliage at its circumference. "Greenbelt" means certain designated areas of a project or development that are intended to remain in a natural condition, and/or private permanent open space, or serve as a buffer between properties or developments. "Groundcover" means vegetation that is naturally terrestrial excluding noxious or poisonous plants and shall include trees that are less than six inches in diameter measured at four and one-half feet above ground level. "Hazardous tree" means any tree that, due to its health or location, presents a risk to public safety. "Historic tree" means any tree designated as a historic object in accordance with the provisions of Chapter 15.28 YMC. "Land clearing" or "clearing" means any activity which removes or substantially alters by topping or other methods the vegetative groundcover and/or trees. "Large tree" means any tree having a diameter of 12 inches or more when measured four and one-half feet above ground level. "Major pruning" means trimming or cutting back of limbs two inches in diameter or greater, root pruning, or trimming or cutting out of branches and limbs constituting greater than 10 percent of the tree's foliage-bearing area, and conducted in a manner that retains the natural form of the tree. Pruning methods shall comply with current American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance -Standard Practices. "Parcel" means a tract or plot of land of any size, which mayor may not be subdivided or improved. "Park Tree" means all trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city. "Street tree" means any tree, which is located upon property within the right-of- way in the city, or planted as street trees as part of road improvement projects. "Tree" means any living woody plant characterized by one or more main stems or trunks and many branches, and having a diameter of six inches or more measured four and one-half feet above ground level. (Ord. 590 § 1, 1996). Section 2. Section 14.16.040 Yelm Municipal Code is hereby amended as follows: Tree Account. There is established within the city a tree account for the purposes of planting and maintaining trees within the city right-of-way, and city-owned property includina street trees. A. Collections and Deposits. All fines collected for violations of this chapter shall be deposited into the tree account. All donations and mitigation fees collected related to the preservation of trees or the enhancement of wooded buffer areas shall also be deposited into the tree account. B. Maintenance of Account. The tree account shall be maintained by the city clerk/treasurer as a separate, interest-bearing account. C. Use of Funds. Funds in the tree account shall be used only upon appropriation by the city council. Funds may be withdrawn from the tree account with the approval of the code administrator, and may be used for any purpose consistent with the intent of this chapter. Funds used to plant trees may be used only on city-owned property, or on property upon which the city has been granted an easement for the purpose of establishing or maintaining trees or other vegetation. (Ord. 590 § 1, 1996). Section 3. Section 14.16.060 Yelm Municipal Code is hereby amended as follows: Tree Species to be planted -Spacing, setbacks, distances The Tree Board shall maintain a list of desirable trees for planting alon streets in three size classes based on mature height: small (under 30 feet), medium (30-50 feet), and large (over 50 feet). _ nnn +i oe h~ nffinir_.I a+roe+ o en ioc• fnr +he nifii Aln enonioc~ n+her Tt~t~.rtrr~. c~tFec~-~eGrc~~vrcrr~vrc~rrv-~PcvTC~-vrrrcr +h.+n +hnec innh v-lerl in +hi~ 1i~4 m~~i ho nlnn+orl ~~ c+roc+ +rcoe ~~ii+hn~ ~+ aeei~~~a~av'm1°.rt~°-s C~iornroon +rcoc Dcr! 11A~r~lo /Rn~~ih~+ll Dnni+in C~ mc•c+ 1A/nchin +vrnr-rl'-'Irai m'oif} ~~~+~~mn Rh~e\ `~eo+ (~~ ~m I-la~~hhnrn /D~~ ~I'c vn~rlG~ ~~~~ r Dnr+i in~l I of iro ~h~~n~9~1 i~Gn Chnro Dino Derl~niro Do.~r B. The spacing, setbacks, distances and variety of any street tree shall be consistent with the Yelm development guidelines, Chapter 4, and consistent with American Standard for Nursery Stock Guide, sponsor: American Association of Nurserymen. C. For street trees the requirement of a caliper of at least two inches, measured six inches above the ground line. Street trees shall .have a minimum six-foot free-of-branch clearance, measured from the ground line to the first branch. (Ord. 590 § 1, 1996). Section 4. Section 14.16.070 Yelm Municipal Code is here by amended as follows: Public tree care. A. The planting or removal of Hawthorn or other trees of city historical significance located in the city right-of-way or other public place shall require approval of the city council, based on recommendation by the Tree Board. All other trees in the city right-of-way may be planted, pruned or removed at the discretion of the code administrator B. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. C. The city may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric pole lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. D. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of such trees is in accordance with YMC 14.16.060. (Ord. 590 § 1, 1996). Section 5. Anew section 14.16.075 Yelm Municipal Code is added as follows: Tree Protection and Preservation. A. All street and aublic trees near anv excavation. demolition. or construction of any building, structure, street, or utility work, must be sufficiently guarded and protected by those responsible for such work as to minimize potential injury to said trees and to maximize their chance for survival. When street and public trees are near the project, any construction permits issued by the City must be approved by the code administrator, who may require protective measures as specified in the Arboricultural Manual. B. No person may destroy. injure. or deface anv street tree or tree on aublic property by any means, including, but not limited to the following 1. impede the free passage of water, air, or fertilizer to the roots of any tree, shrub, or other plant by depositing vehicles, concrete, asphalt, plastic sheeting, or other material detrimental to trees or shrubs on the tree lawn or on the ground near any tree; 2. pour any toxic material on any tree or on the ground near any tree; 3. cause or encourage any fire or burning near or around any tree; 4. severely reduce the tree crown except when pruning of trees under utility wires or obstructing the right-of-way as allowed by a permit issued by the code administrator. 5. carve, or attach any sign, poster, notice, or other object, on any tree., or fasten any rope, wire, cable, nails, screws, staples, or other device to any tree, except as used to support a young or broken tree; however, nothing in this section shall be construed in such a manner that it forbids lighting of a decorative or seasonal nature, provided that such li_ghtinq is not attached in such a way as to cause permanent damage to the tree; C. No person may prevent, delay, or interfere with the director, or his or her designee, or any City employee in the execution or enforcement of the provision of this section. D. Any person responsible for a violation of this section must pay the cost of repairing or replacing any tree or shrub damaged by the violation. The value of trees and shrubs is to be determined in accordance with the latest revision of the Guide for Plant Appraisals as published by the International Society of Arboriculture. E. In addition to remedies under subsection D violation of this section is a misdemeanor. Section 6. 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 provisions to other persons or circumstances is not affected. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, anc~,,publication as provided by law. Passe~i~and~adopted by the Yelm City Council on this 22"d Day of October 2003. Rivas, Mayor AUTHENTICATED: ;/ ,~ . A es P. Bennick, City Clerk PASSED and APPROVED: October 22, 2003 PUBLISHED: Nisqua/ly Valley News, October 31, 2003