590 Amend 550 Protect TreesORDINANCE NO. 590
AN ORDINANCE ADDING CHAPTER 14.16 TO THE YELM MUNICIPAL CODE RELATING TO THE
PROTECTION OF TREES AND VEGETATION, AND THE MAINTENANCE, PLANTING AND STANDARDS FOR
TREES AND OTHER VEGETATION AND DELETING CHAPTERS 9.56.010 AND 9.56.020.
Whereas, the Yelm City Council finds that trees constitute a natural resource that should be preserved
and protected for future generations and that the beauty of nature is essential to the progress and
growth of the City of Yelm, and
Whereas, the City Council finds that trees increase property values and economic development,
reduce surface water runoff rates and volume, increase energy conservation benefits, produce oxygen
and clean the air, reduce noise pollution, provide wildlife habitat, and improve surface water quality.
THE CITY COUNCIL OF THE CITY OF YELM, STATE OF WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Chapter 14.16, entitled "Protection of Trees and Vegetation" is added to the Yelm
Municipal Code to read as follows:
PROTECTION OF TREES AND VEGETATION
14.16.010 Short title.
14.16.020 Intent.
14.16.030 Definitions.
14.16.040 Tree Account.
14.16.050 Street Tree Permits.
14.16.060 Tree Species to be Planted, Spacing, Setbacks, Distances.
14.16.070 Public Tree Care.
14.16.080 Tree Topping.
14.16.090 Pruning, Corner Clearance.
14.16.100 Dead or Diseased Tree Removal on Private Property.
14.16.110 Preservation of Trees on Private Property with New Development.
14.16.120 Standards.
14.16.130 Exemptions.
14.16.140 Appeal Procedure.
14.16.150 Violation -Criminal Penalties.
14.16.010 Short title.
This chapter shall be known and may be cited as the "Tree Protection Ordinance" of the city.
14.16.020 Intent. It is the intent of this chapter to:
A. Promote public health, safety, and general welfare of the citizens of Yelm without preventing the
reasonable development and maintenance of land;
B. Preserve and enhance the city's physical and aesthetic character by preventing indiscriminate
removal or destruction of trees and ground cover, and by encouraging development that
incorporates existing trees and ground cover into site development practices;
C. Retain trees for their positive environmental effects including, but not limited to the protection of
wildlife habitat;
D. Provide for the regulation of the planting, maintenance, and removal of trees in the public right of
way and on city owned property;
E. Promote the conservation of energy;
F. Educate the public regarding urban forestry;
G. Implement the objectives of the state's Environmental Policy Act and Growth Management Act; and
H. Implement and further the cites Comprehensive Plan and other related ordinances. (Ord. No. 555,
1995)
14.16.030 Definitions.
A. "City' means the City of Yelm, Washington.
B. "Code Administrator" means the Chief Administrative Officer or his/hers designated representative.
C. "Drip line" of a tree means an imaginary line on the ground created by the vertical projections of
the foliage at its circumference.
D. "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.
E. "Ground cover" 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.
F. "Hazardous tree" means any tree that, due to its health or location, presents a risk to public safety.
G. "Historic tree" means any tree designated as an historic object in accordance with the provisions
of YMC 2.62
H. "Land clearing" or "clearing" means any activity which removes or substantially alters by topping
or other methods the vegetative ground cover and/or trees.
I. "Large tree" means any tree having a diameter of twelve inches or more when measured four and
one half feet above ground level.
J. "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 ten percent
(10%) 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.
K. "Parcel" means a tract or plot of land of any size which may or may not be subdivided or improved.
L. "Street tree" shall mean any tree which is located upon property within the right-of--way in the City
of Yelm.
M. "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.
14.16.040 Tree Account. There is hereby 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.
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 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.
14.16.050 Street Tree Permits.
A. Application for a street tree permit shall be required and shall be obtained from the City of Yelm
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B
C
D.
prior to any planting, removal, topping, and/or major pruning of street trees.
The location of any street trees to be planted or removed shall be identified and mapped to keep
the street tree inventory current.
Utility companies shall notify the City prior to pruning any tree located on city-owned property for
the purpose of maintaining safe line Gearance and shall cant' out all such work in accordance with
accepted aboricultural standards.
Any permit granted under this chapter shall expire six months from the date of issuance, unless
said permit is associated with another development permit. If it is associated with another
department permit, the restrictions and deadlines of that approval will apply. Upon a written
request, a permit not associated with another development permit may be extended by the code
administrator for one six-month period. Approved plans shall not be amended without being
resubmitted to the city. Minor changes consistent with the original permit intent will not require a
new permit fee or full application standards to be followed. The permit may be suspended or
revoked by the city because of incorrect information supplied or any violation of the provisions of
this chapter.
14.16.060 Tree Species to be Planted, Spacing, Setbacks, Distances.
A. The following list constitutes the official street tree species for the City of Yelm. No species other
than those included in Phis list may be planted as Street Trees without written permission of the City
Tree Board.
Deciduous Trees Evergreen Trees
Red Maple (Bowhall, Pacific Sunset, Autumn Blaze) Washington Hawthorn
Sweet gum Hawthom (Paul's Scarlet)
Flowering Pear Portugal Laurel
Chancellor Linden Shore Pine
Redspire Pear
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 (2) inches, measured six (6) inches
above the ground line. Street Trees shall have a minimum six (6) foot free of branch clearance,
measured from the ground line to the first branch.
14.16.070 Public Tree Care
A. The planting or removal of Hawthom 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. All other trees in the city
right-of--way may be planted, pruned or removed at the discretion of the public works director. (Ord
502 §1, 1994: Ord. 213 §13 (E), 1977).
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 said trees is in accordance with Section 14.16.060 of this
ordinance.
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14.16.080 Tree Topping. It shall be unlawful as a normal practice for any person, firm, or city department
to top any Street Tree, Park Tree, or other tree on public property. Topping is defined as the severe cutting
back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as
to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes,
or certain trees under utility wires or other obstructions where other pruning practices are impractical may
be exempted from this ordinance at the determination of the City Council.
14.16.090 Pruning, Comer Clearance. Every owner of any tree overhanging any street or right-of-way
within the city shall prune the branches so that such branches shall not obstruct the light from any street
lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet
(8') above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous
trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall
have the right to prune any tree or shrub on private property when it interferes with the proper spread of
light along the street front street light or interferes with visibility of any traffic control device or sign.
14.16.100 Dead or Diseased Tree Removal on Private Property. The City shall have the right to cause
the removal of any dead or diseased trees on private property within the city, when such trees constitute
a hazard to life and property, or harbor insects or disease which constitutes a potential threat to other trees
within the city.
14.16.110 Preservation of Trees on Private Property with New Development. This section shall apply
to any new development or substantial addition to an existing development, including but not limited to the
following; short and full subdivisions, construction of duplex and multi family structures, business
commercial, and industrial projects, other than construction of a single family dwelling or accessory
structure on an existing lot of record.
A. No existing trees shalt be removed until a final decision is made regarding the feasibility of
preserving existing trees; and
B. Land clearing shall be undertaken in such a manner as to preserve and enhance the city's
aesthetic character. The site shall be revegetated and landscaped as soon as practicable, in
accordance with an approved revegetation plan. Where the construction schedule does not
provide for revegetation of the site prior to October 15 of any year, all disturbed areas shall be
hydro seeded or otherwise revegetated on an interim basis. The revegetation plan shall include
plantings along public streets and adjoining property boundaries, especially between areas of
differing intensities of development. For land clearing that is part of a specific development
proposal, land use development shall be initiated or a vegetative screen or buffer established within
six months of the date of initiation of land clearing activities.
C. All site plans shall include the location of all trees to be retained and remove (species, diameter
and condition) exceeding 8 (eight) inches in diameter (measured at 4.5 feet from the base of the
tree) that re affected by development. Those trees or groups of trees to be retained are to be
drawn and identified with their protection zone on the site plan.
14.16.120 Standards. All land clearing not exempt under YMC 14.16.030 shall conform to the approved
plan. and the following standards and provisions unless alternate procedures that are equal to or superior
in achieving the purposed of this chapter are authorized in writing by the Code Administrator:
A. Land clearing in designated greenbelt or buffer areas of approved and recorded subdivisions or
approved projects which would substantially alter the character or purpose of said greenbelt or
buffer areas is prohibited;
B. Land clearing shall be accomplished in a manner that will not create or contribute to landslides,
accelerated soil creep, settlement and subsidence on the subject property and/or adjoining
properties;
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C. The proposal shall contain provisions for the preservation of natural land and water features,
vegetation, drainage, and other indigenous features of the site;
D. Land clearing shall be accomplished in a manner that will not create or contribute to flooding,
erosion, or increased turbidity, siltation, or other form of pollution in a watercourse;
E. Land clearing in wetlands, and fish and wildlife habitat areas shall be in accordance with the
provisions of YMC 14.08.140 -Wetlands Protection, and YMC 14.08.180 -Fish and Wildlife Habitat
Protection;
F. Any trees to be retained shall be flagged or otherwise marked in some manner so as to make it
clear the tree or groups of trees are to be retained;
G. Any trees or groups of tr s to be retained shall have temporary fencing installed around the drip
line, per Drawing No.1elm Development Guidelines. The protective fencing is to be installed
prior to any site work. Machinery shall be kept outside of the drip line of trees designated for
retention. The code administrator may require fencing beyond the drip line if, in the code
administrator's determination, such additional protection is needed to protect the tree from damage.
Trees designated for retention shall not be damaged by scoring, ground surface level changes,
compaction of soil, attaching objects to trees, altering drainage or any other activities that may
cause damage of roots, trunks, or surrounding ground cover; and
H. Any trees designated for retention shall be field verified by the code administrator before land
clearing begins.
14.16.130 Exemptions. The following shall be exempt from the provisions of this chapter:
A. Land clearing in emergency situations involving immediate danger to life or property;
B. Clearing of dead, diseased or hazardous trees, after verification by the code administrator. The
code administrator may require reasonable documentation of the physical condition of any tree prior
to approving its removal;
C. Clearing of trees that act as obstructions at intersections in accordance with municipal code; and
D. Land clearing associated with tree farming operations specifically preempted by Chapter 76.09
RCW, Washington Forest Practices Act, provided that a harvesting and reforestation plan is
submitted to the code administrator prior to any land clearing;
14.16.140 Appeal procedure. Any person aggrieved by a decision or an action of the code administrator
in the enforcement or implementation of this chapter may, within thirty (30) days of such decision or action,
file a written appeal to the Planning Commission. Any decision of the Planning Commission may be
appealed to the City Council.
14.16.150 Violation -Criminal Penalties.
A. Any person who violates the provisions of this chapter or fails to comply with any of the
requirements shall be guilty of a misdemeanor and shall be punished by the statues of the state
for the commission of a misdemeanor. Each day such violation continues shall be considered a
separate, distinct offense. The per day fine will be assessed as per the city's bail schedule. In
cases involving land clearing in violation of this chapter, the clearing of any area up to the first acre
shall be considered one offense, and the clearing of each additional acre and of any additional
fractional portion that does not equal one more acre shall each be considered a separate and
distinct offense.
B. Any person who commits, participates in, assists or maintains such violation may be found guilty
of a separate offense and suffer the penalties as set forth in subsection A of this section.
C. Upon determination that a violation of the provisions of this chapter has occurred, the building
official shall withhold issuance of building permits for the affected property until corrective action
is taken by the responsible party. However, if mitigating circumstances exist and reasonable
commitments for corrective action are made, the building official may issue building permits. Such
corrective action may include:
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1. Restoration and replanting of surface vegetation with plant material similar in character and
extent as existed prior to the unauthorized clearing;
2. Implementation of drainage and erosion control measures;
3. Replanting of trees equal in value to those lost through unauthorized clearing.
Section 2. This ordinance shall become effective five days after passage, approval and publication as
provided by law.
Adopted this I/ ~1, day of ~~Lf%ln~dL~ , 1996.
Kat y Wol ,Mayor
ATTEST:
Ag s Bennick, Clerk/Treasurer
Published in the Nisqually Valley News: Thursday, December 19, 1996.
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