It is the purpose of this chapter to promote the health, safety, and welfare of existing and future residents and visitors by establishing minimum standards and requirements for land clearing and tree cutting in order to preserve and protect natural vegetation and plant communities, to promote building and site planning practices that protect wetlands, watercourses, and wildlife habitat, to minimize erosion and sedimentation, to minimize the need for and maintenance of drainage facilities, to minimize adverse effects on ground and surface waters, to enhance the appearance and character of the city, to promote the installation and continued maintenance of landscaping, and to implement the Sultan comprehensive plan.
These purposes are achieved by and in support of the following principles:
A. 
Water Conservation. Promote the conservation of potable and nonpotable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of native plant materials, and establishing techniques for the installation and maintenance of landscape materials and irrigation systems.
B. 
Aesthetics. Improve the aesthetic appearance of commercial, industrial, and residential areas through the incorporation of open space into development in ways that harmonize and enhance the natural and built environments.
C. 
Environmental Quality. Improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment, including:
1. 
Improving air and water quality through such natural processes as photosynthesis and mineral intake;
2. 
Maintaining permeable land areas essential to surface water management and aquifer recharge;
3. 
Reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capabilities of trees and other vegetation;
4. 
Promoting energy conservation through the creation of shade, thereby reducing heat gain in or on buildings or paved areas;
5. 
Encouraging the conservation of limited fresh water resources through the use of native plants and various planting and maintenance techniques.
D. 
Land Values. Maintain and increase the value of land by requiring a minimum amount of landscaping to be incorporated into development.
E. 
Human Value. Provide direct and important physical and psychological benefits to the residents of Sultan through the use of landscaping to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development.
F. 
Preservation of Vegetation. Preserve existing natural vegetation and incorporate native plants, plant communities, and natural ecosystems into landscape design, wherever possible.
G. 
Improve Design. Promote innovative and cost-conscious approaches to the design, installation, and maintenance of landscaping, and encouraging water and energy conservation.
(Ord. 1257-17 § 2)
These standards shall apply to any new property development or to the expansion of existing development. Seasonal parking facilities shall be exempt. Single-family detached homes or duplexes proposed to be built on their own individual lots shall be exempt as noted. The building and zoning official shall not issue a permit provided for herein in violation of these standards.
(Ord. 1257-17 § 2)
A. 
General.
1. 
Objectives of These Standards. The objectives of these standards in limiting land clearing are:
a. 
To control the use of irrigation water in open space areas by promoting the preservation of existing native plant communities.
b. 
To control the removal of existing vegetation in advance of the approval of land development plans.
c. 
To limit the removal of existing vegetation when no comparable vegetation plan to that required under this section has been prepared for the site.
2. 
Preservation of Existing Native Vegetation. Existing native vegetation and plant communities shall be protected and incorporated into the site plan wherever feasible. Certain natural plant communities shall be given special protection as determined by the planning commission and shall be protected and preserved as total entities, including understories.
3. 
Vegetation Removal Permits and Fees. Permits for the removal, relocation, or replacement of vegetation covered herein shall be obtained by submitting an application on a form prescribed by the building and zoning official.
B. 
Application Procedure for a Vegetation Removal Permit within Proposed Development for Which a Separate Building Permit or Preliminary Plan Approval Is Requested.
1. 
Preliminary Review. As a precondition to the filing or receiving of any application for a building permit (except for a single-family detached dwelling unit on its own lot and not part of an overall subdivision for which approval is being sought), the applicant shall make application for a vegetation removal permit and obtain a preliminary approval from the building and zoning official.
2. 
Required Generalized Vegetation Inventory. Each application for a vegetation removal permit shall be accompanied by a generalized vegetation inventory which shall consist of:
a. 
Generalized Vegetation Inventory. A generalized vegetation inventory showing the approximate location and extent of vegetation on the site. The inventory shall be based on the most current available information. For nonresidential and multifamily development (i.e., attached housing, apartments, condominiums, planned unit developments, etc.), the inventory may be in the form of a field survey and shall include photographs illustrating typical areas of existing vegetation. The generalized vegetation inventory shall be prepared at the same scale as the proposed site development plans to clearly illustrate the relationships between the areas of existing vegetation and proposed site improvements.
b. 
Generalized Written Assessment and Evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities that have been identified on the site. For all nonresidential and multifamily projects, the assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative resources, such as a biologist, ecologist, horticulturist, landscape architect, landscape contractor, certified nurseryman, or other person having similar recognized skills and/or experience.
3. 
Preliminary Approval.
a. 
Issuance for Lots with Minimal Vegetation Disruption. Where the building and zoning official has verified that significant vegetative removal activity is not involved in a proposed development, a preliminary approval certificate shall be issued forthwith.
b. 
Issuance for Lots with Significant Vegetation Disruption. A decision to grant or deny a preliminary approval certificate shall be made by the building and zoning official within 30 working days of the applicant's submission. Preliminary approval for an applicant involving significant vegetation removal activity shall be granted only if the building and zoning official finds that all reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of existing vegetation may be required as a condition of the issuance of a preliminary approval certificate.
4. 
Certification of Substantial Compliance. Prior to the issuance of any development permit upon property which has received a preliminary approval certificate, the building and zoning official shall certify that the final construction plans substantially comply with the preliminary plans as they affect existing vegetation. Any proposed substantial deviation from the preliminary site plan as it affects existing vegetation shall be subject to a new review according to the same criteria and procedures as the original preliminary review.
5. 
Time Limitation. A vegetation removal permit shall be subject to the same time limitation rules as are applicable to its accompanying development permit.
6. 
Final Inspection. No final occupancy permit shall be issued until the relocation or replacement of vegetation, as required by the vegetation removal permit, has been completed and final approval has been given by the building and zoning official.
C. 
Application Procedure for Vegetation Removal Unrelated to Development Permit Applications.
1. 
Applicability. Vegetation removal permits, not sought in conjunction with building permits, shall be obtained by making application to the building and zoning official prior to the removal, replacement, or relocation of vegetation from or on the following types of property:
a. 
All vacant or undeveloped sites; or
b. 
All lands located in the LDR zoning district; and
c. 
Existing residential development in which landscape plant materials are to be planted or rearranged on the same lot shall be exempt from these provisions.
2. 
Required Generalized Vegetation Inventory. Each application for a vegetation removal permit shall be accompanied by a generalized vegetation inventory which shall consist of:
a. 
Generalized Vegetation Inventory. A generalized vegetation inventory (including a map of the property) showing the approximate location and extent of vegetation on the site shall be prepared. For existing nonresidential and multifamily development, the inventory may be in the form of a field survey, and shall be accompanied by photographs illustrating typical areas of vegetation. This inventory shall be prepared at a scale that clearly illustrates the relationships between the areas of vegetation and the existing site improvements.
b. 
Generalized Written Assessment and Evaluation. The generalized vegetation inventory shall be accompanied by a brief written assessment of the plant communities that have been identified on the site. The assessment shall include an evaluation of the character and quality of the plant communities identified, including their rarity, viability, and such other physical characteristics and factors which may affect their preservation. For projects other than single-family detached residences, on individual lots and not part of an overall subdivision for which approval is being sought, the assessment and evaluation shall be prepared by an individual knowledgeable in the identification and evaluation of vegetative resources, including but not limited to a biologist, ecologist, horticulturist, landscape architect, nurseryman or landscape contractor.
3. 
Application Review. Upon receipt of a proper application, the building and zoning official shall perform a review, which may include a site inspection and forward a recommendation to the planning commission. The planning commission shall render a decision on the application within 30 working days of its receipt.
4. 
Circumstances Justifying Issuance. Vegetation removal permits shall be issued in the following circumstances:
a. 
Where a tree, due to natural circumstances, is no longer viable, is in danger of falling, is so close to existing structures as to endanger said structures, creates unsafe vision clearances, or constitutes a health hazard; or
b. 
Where the affected vegetation will be relocated, replaced with an acceptable substitute planting, or otherwise preserved.
5. 
Relocation and Replacement. As a condition to the granting of a vegetation removal permit under subsection (C)(4) of this section, the applicant may be required to:
a. 
Relocate vegetation, which would otherwise be destroyed, to another location on the site; or
b. 
Replace vegetation, which would be destroyed, with acceptable substitutes elsewhere on the site. In determining the most suitable location, replacement, or root-pruning of vegetation, the building and zoning official shall consider the needs of the intended use of the property (if no immediate use is planned by the applicant, the zoning district's permitted uses shall be used), together with an evaluation of the following:
i. 
Existing vegetation cover on the site and on adjacent properties;
ii. 
Quantity of vegetation to be removed from the entire site;
iii. 
The type, size, and condition of the vegetation proposed to be removed;
iv. 
The feasibility of relocating the particular vegetation in question; and
v. 
Topography and stormwater drainage patterns on the site.
6. 
Time Limitation. Permits shall expire and become null and void if work authorized by such permits is not commenced within 90 calendar days from the date of issuance of the permit, or if such work, when commenced, is suspended or abandoned at any time for a period of 90 calendar days. If work has commenced and the permit becomes null and void or expires, a new permit covering the proposed vegetation removal shall be required prior to the initiation of any vegetation removal activity.
D. 
Vegetation Protection.
1. 
General. During construction, all reasonable steps necessary to prevent the destruction or damage of vegetation shall be taken. Damaged or destroyed vegetation must be replaced by vegetation having similar landscape architectural benefits (i.e., shade cover, height, coverage, watering requirements, etc.), as specified by the building and zoning official, prior to occupancy or use, unless approval for their removal has been granted under permit.
2. 
Endangered or Threatened Species or Native Vegetation in Erosion Control Areas. Under no circumstances, including single-family homes on their own lot, shall there be any removal of any endangered or threatened species, nor shall any native vegetation be removed from any erosion control areas.
3. 
Filling, Construction Debris, and Construction Equipment. During construction, unless otherwise authorized by the vegetation removal permit, no excess soil, additional fill, equipment, or construction debris shall be placed within the drip line (root zone protection area) of any vegetation that is required to be preserved in its present state. Additionally, no construction equipment shall be allowed within any root zone protection area.
4. 
Attachments. No attachments or wires, other than those of a protective or non-damaging nature, shall be attached to any vegetation during construction.
(Ord. 1257-17 § 2)
A. 
Creative Site Development Concepts for Water Conservation. Creative site development concepts shall be used to promote water conservation. Water needs may be reduced by providing for:
1. 
The preservation of existing plant communities;
2. 
The reestablishment of native plant communities;
3. 
Limited amounts of lawn grass areas;
4. 
The use of native plant materials;
5. 
The use of shade trees to reduce transpiration rates of lower story plant materials;
6. 
Site development that retains stormwater runoff on the site;
7. 
The use of pervious paving materials; and
8. 
Other environmentally sensitive site development concepts.
B. 
Minimum Open Space Requirements. Minimum open space requirements for any proposed use shall meet the standards set forth for that particular use in this unified development code for the zoning district in which the use is to be located.
C. 
Preservation of Existing Plant Communities.
1. 
General. All existing plant communities shall be preserved to the extent that they can be incorporated into the required open space. Existing plant communities that are specified on the approved landscape plans to remain shall be preserved in their entirety. In most cases, the preservation of existing plant communities will decrease the cost of initial site development, decrease future water and maintenance needs, and benefit the aesthetic appearance of the property.
2. 
Existing Native Plant Communities Required to Remain. Where existing viable, healthy native plant communities exist on a site proposed for development, at least 25 percent of the required open space shall be in the form of preserved natural plant communities.
3. 
Open Space Credit for the Preservation of Existing Natural Plant Communities. Portions of existing, viable, healthy native plant communities (the determination to be made by the building and zoning official), over and above the minimum required to be preserved, that are preserved in a natural state, and are capable of sustaining life with adjoining site development, or the proposed installation of native plant species, shall be credited as open space at one and one-half times the actual area of the protected plant community. The minimum size of a preserved plant community eligible for the open space credit shall be 4,000 square feet.
4. 
Required Management Plan.
a. 
General. For all areas of preserved plant communities greater than 10,000 square feet in area, the owner shall submit for the approval of the planning commission a narrative management plan, indicating the manner in which the owner will preserve these native plant communities. The narrative shall include:
i. 
Whether or not the existing vegetation is to be preserved in the existing species composition;
ii. 
If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasion species, prescribed burning, etc.);
iii. 
The schedule for the removal of exotic nuisance species;
iv. 
The schedule for the removal of debris; and
v. 
Any other information that may be required by the planning commission that is reasonable and necessary to determine that the management plan meets the requirements of these standards.
b. 
Requirement for Owner's Covenant with the City of Sultan for the Maintenance of Preserved Plant Communities Receiving Open Space Credit. To receive open space credit for areas of preserved vegetation, the owner shall covenant with the city of Sultan that the preserved plant community will be maintained as per the accepted management plan.
(Ord. 1257-17 § 2)