This chapter is intended to be implemented in a manner to:
1. 
Facilitate the planting, maintenance, restoration, replacement, and survival of desirable trees, shrubs, and groundcover within the public right-of-way;
2. 
Protect the public from personal injury and property damage caused or threatened by the improper planting, maintenance, or removal of vegetation;
3. 
Promote the use of drought tolerant vegetation and the reduction in the use of irrigation systems;
4. 
Provide a process for the beautification of the community; and
5. 
Promote the concept of a “walkable community.”
(Ord. 1995 § 1 (part), 2002)
Any person wishing to perform any vegetation work within the public right-of-way must file an application with the City and obtain a right-of-way use permit prior to commencing any work.
(Ord. 1995 § 1 (part), 2002)
Owners or occupants of abutting property may maintain such property, other than plant replacement without obtaining a permit. The City and its employees, agents and representatives may perform such work without obtaining a permit.
(Ord. 1995 § 1 (part), 2002)
Permit fees will not be charged in connection with right-of-way applications made pursuant to TMC Section 11.20.030, except for applications requiring public notice under TMC Section 11.20.060.
(Ord. 1995 § 1 (part), 2002)
The Director may grant any vegetation permit application submitted pursuant to TMC Section 11.20.020, if all of the following criteria exist:
1. 
The proposed vegetation work is consistent with achieving the purposes of this chapter pursuant to TMC Section 11.20.010; and
2. 
The proposed work is consistent with the City’s Comprehensive Plan; and
3. 
The proposed work is consistent with the City’s intended use of the public right-of-way; and
4. 
The proposed work is consistent with TMC Chapter 18.54 and all other applicable statutes, laws, rules, policies, and regulations; and
5. 
The granting of the permit will not constitute a grant of a special privilege; and
6. 
If the proposed work is located within a designated environmentally sensitive area, all necessary environmental and sensitive area approvals have been granted pursuant to TMC Title 18, the State Environmental Policy Act as adopted by the City, and all other applicable environmental regulations, as now existing or hereafter amended or adopted; and
7. 
The granting of the permit will not be materially detrimental to the public welfare or injurious to property or improvements located in the area surrounding the abutting property; and
8. 
The proposed vegetation work is consistent with the character of the neighborhood.
(Ord. 1995 § 1 (part), 2002)
A. 
The Director shall distribute, by regular mail, a public notice of any vegetation right-of-way permit application to persons receiving the property tax statements for all property within 100 feet of the affected vegetation, whenever such application covers the removal or significant pruning of vegetation that is 4 inches or larger in diameter measured at 4.5 feet (54 inches) above the ground; provided, however, that such public notice shall not be required for applications covering red alder, cottonwood, poplar, big leaf maple, or willow trees regardless of size.
B. 
The public notice shall contain the following information:
1. 
The name of the applicant;
2. 
The street address of the abutting property which is adjacent to the affected vegetation, or if this is not available, a locational description other than legal description. The notice must also include a vicinity map that identifies the location of the vegetation;
3. 
A citation of this chapter;
4. 
A brief description of the proposed vegetation work;
5. 
A statement of availability of the official file;
6. 
A statement of the right of any person to submit written comments to the Director; and
7. 
A statement that “Only persons who submit written comments to the Director within 14 calendar days from the date of the notice may appeal the Director’s decision.”
C. 
The Director shall issue a written decision to either grant or deny the application, and shall attach a final vegetation restoration plan to such decision. The Director shall use the decisional criteria set forth in this chapter and shall consider all public comments in deciding upon the application. The Director shall issue the decision within 14 calendar days after the close of the time period for public comments. The Director shall include in the written decision any restrictions and conditions that are determined reasonably necessary to eliminate or minimize any undesirable effects of granting the application. The Director's decision is determinative and final.
(Ord. 1995 § 1 (part), 2002)
No one shall plant in any public place any maple, Lombardy poplar, cottonwood or gum, or any other tree, the roots of which cause damage to the sewers, sidewalks, or pavements, or which breed disease dangerous to other trees or to the public health, or allow to remain in any public place any planted tree which has become dead or is in such condition as to be hazardous to the public. No illegal or illegally manufactured, collected or delivered vegetation, as codified by the Revised Code of Washington or other applicable laws rules and regulations, as now exist or are hereafter adopted or amended, or carrying harmful diseases, such as worms, insects, caterpillars or larvae, shall be permitted within the City.
(Ord. 1995 § 1 (part), 2002)
A. 
No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway, or street maintenance activity, except that trees may extend over the sidewalk when kept trimmed to a height of eight feet above the walkway, and 18 feet above a roadway.
B. 
No trees shall be allowed to come into contact with telephone, telegraph, electric or power wires of public service companies or of the City; provided, however, that such wires are 25 feet above the level of the public place over which they pass.
C. 
When the Director finds that trees, shrubs or landscaping are coming in contact with the wires of a public service company or of the City or are interfering with the free use of the sidewalk or roadway, the Director may order the trees or landscaping trimmed; and if not so trimmed within ten days after service of written notice to the owner of such trees or landscaping, or the posting of written notice upon the premises, the Director may issue a permit to the owners of the wires, authorizing them to trim such trees or landscaping at their own expense.
(Ord. 1995 § 1 (part), 2002)
A. 
Areas around all intersections, including the entrance and exit of driveways onto streets, must be kept clear of sight obstructions. Intersection sight distance shall be based on posted speed limits per AASHTO Policy on Geometric Design requirements, current edition. The Director may require a traffic study, at the owner’s expense, to determine safety requirements.
B. 
When the Director finds that the public safety has been jeopardized because sight distance requirements at intersections are not being maintained, the Director may order the trees or landscaping to be trimmed; and if not trimmed within ten days after the service of written notice to the owner, or the posting of written notice upon the premises, the Director may have the trees or landscaping trimmed and the cost for such work charged to the owner.
(Ord. 1995 § 1 (part), 2002)
In the event of an emergency, any person may take all reasonably necessary actions involving the maintenance, removal, or cutting of any vegetation or street tree in order to prevent injury to persons or damage to property without prior permit approval. The Director must be notified in a written report within three working days as to the nature and location of the emergency, and the action taken by the person.
(Ord. 1995 § 1 (part), 2002)
No person shall remove vegetation within a public right-of-way without replacing the removed vegetation in accordance with the right-of-way vegetation plan. The replacement vegetation shall be equivalent in number, size, quality, species, and placement as the removed vegetation, unless otherwise approved by the Director. An exemption from the requirements of this section may be granted by the Director if the proposed exemption is found to be consistent with the criteria set forth in TMC Section 11.20.050. The cost of such removal and replacement shall be borne by the person removing or causing the removal of such vegetation.
(Ord. 1995 § 1 (part), 2002)
No person shall intentionally damage, destroy or mutilate any vegetation located in any public right-of-way or other public place, or attach any rope or wire (other than used to support a young or broken tree), nail, sign, poster, handbill or other item to such vegetation, or allow any gaseous liquid, or solid substance which is harmful to such vegetation to come in contact with the vegetation, or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of such vegetation. The owner or the occupant shall not be precluded from removing or maintaining damaged vegetation.
(Ord. 1995 § 1 (part), 2002)
No person may top any street tree located in the public rights-of-way. The Director may exempt the City and other persons from the provisions of this section when the street tree to be topped has been severely damaged by storms or other natural causes, or the street tree is located under utility wires or other obstructions where other pruning practices are impractical, or where the topping is necessary to preserve the public safety and welfare.
(Ord. 1995 § 1 (part), 2002)
Any person who owns any tree or vegetation within private property, the roots of which cause damage to the public right-of-way or other public space, including limitation, damage to utilities located in the public right-of-way, sidewalks, paved areas, or create a safety hazard, shall be liable for repairing any damage to public rights-of-way, or other public places, or utilities located therein by said trees or vegetation.
(Ord. 1995 § 1 (part), 2002)
A. 
Landscaping in the right-of-way shall be maintained by the abutting property owner(s) unless maintenance has been accepted by the City.
B. 
All landscape materials in the public right-of-way shall be maintained to industry standards. Trees shall be pruned according to standards adopted by either the National Arborists Association or the International Society of Arboriculture.
C. 
The property owner is responsible for ensuring that landscaping fronting his/her property does not impair sight distance.
(Ord. 1995 § 1 (part), 2002)
Any person violating any of the provisions of this chapter, which results in a hazard to the public health, safety and welfare is guilty of a misdemeanor and shall be punished as provided by law. Damage to each item of vegetation shall be deemed a separate violation. The value of damaged vegetation shall be calculated pursuant to the International Society of Arboriculture Tree Replacement Guide.
(Ord. 1995 § 1 (part), 2002)