This chapter establishes policies, regulations, and standards relevant to the management of trees on City-owned public property and rights-of-way necessary to ensure that the City will continue to realize the benefit provided by its urban forest. The chapter also establishes a process for preservation and protection of heritage trees on public and private property. The provisions of this chapter are enacted to accomplish:
A. 
The establishment and implementation of a tree management program to provide maintenance and preservation of existing public trees and an orderly program of tree planting for the future;
B. 
The creation of guidelines for locations for tree plantings, recommendations of tree species to be planted, establishment of maintenance guidelines, and the identification of trees to be removed, all in consultation with the Recreation and Parks Advisory Commission, Planning Commission, Recreation and Parks Department, Community and Economic Development Department (Planning Department) and Public Works Department;
C. 
The recognition by the Recreation and Parks Department, the Public Works Department, and the Planning Department of the interrelationship of their responsibility relative to trees located on City-owned public property and rights-of-way;
D. 
The recognition by the City of the Planning Commission's and Recreation and Parks Advisory Commission's mutual responsibility relative to the review of policies and regulations concerning trees on City-owned public property and rights-of-way;
E. 
Nothing in this chapter shall infringe, alter, or in any way change the responsibilities of the Planning Department concerning trees relative to planning for the urban design of the City, nor shall anything in this chapter infringe, alter, or in any way change the responsibilities of the Recreation and Parks Department relative to the management and maintenance of trees on park managed, City-owned public property and rights-of-way, nor shall anything in this chapter infringe, alter, or in any way change the responsibilities of the Public Works Department relative to the management and maintenance of trees on Public Works managed, City-owned rights-of-way;
F. 
The Planning Department as staff to the Planning Commission, the Public Works Department and the Recreation and Parks Department shall coordinate their efforts to insure that both Commissions and Departments are informed relative to issues concerning trees on City-owned public property and rights-of-way including tree plantings, tree management and tree maintenance; and no regulation or policy which affects trees on City-owned public property or rights-of-way shall be adopted by the City until first reviewed by both the Recreation and Parks Advisory Commission and Planning Commission; and
G. 
Establishment of a heritage tree program to preserve and protect distinctive large trees on public and private property.
(Ord. 2838 § 3, 2023)
It shall be the responsibility of the Director of Recreation and Parks to supervise the planting, maintenance, and removal of all trees on all park managed streets, rights-of-way, and City-owned public property within the City limits of Mountlake Terrace. It shall be the responsibility of the Director of Public Works to supervise the planting, maintenance, and removal of all trees on all Public Works managed streets, rights-of-way, and City-owned public property within the City limits of Mountlake Terrace in accordance with the provisions of this chapter.
(Ord. 2838 § 3, 2023)
In consultation with the Recreation and Parks Advisory Commission, Planning Commission and Public Works Department, the Director of Recreation and Parks, or their designee, shall develop and implement a public tree policy consistent with other City regulations designed to provide an orderly program of tree management. Such program shall include all public property and rights-of-way including parks, public greenbelts and other City-owned property. Policies, procedures, standards, and specifications outlined in the public tree policy shall apply to the locating, planting, maintenance, and removal of all trees on public property in the City of Mountlake Terrace. The development of such a program shall include the following objectives:
A. 
The setting of standards for the planting, maintenance, protection, preservation, removal, and replacement of existing trees;
B. 
Planning and planting of trees for future benefit of the citizens of Mountlake Terrace;
C. 
Approval of all tree plantings, and removal of trees on City-owned property and rights-of-way; and
D. 
In the short term, no net loss of forest canopy cover on City-owned public lands and rights-of-way; in the long term, measurable gain.
(Ord. 2838 § 3, 2023)
The Recreation and Parks Director or their designee shall collect and maintain all records and data necessary to objectively evaluate whether progress is being made toward the intent, purpose and objectives of this chapter. The Director shall prepare an annual report. The Tree Board shall consider the report recommendations and take all necessary action to accomplish the goals and objectives of this chapter.
(Ord. 2838 § 3, 2023)
No person, firm, or corporation shall interfere with the Recreation and Parks Director, the Public Works Director, or persons acting under their authority while engaged in the planting, maintenance, removal or replacement of any tree, shrub, or plant in any street, park, public rights-of-way or easement, or other public place within the City limits of Mountlake Terrace.
(Ord. 2838 § 3, 2023)
The "Tree Board" is hereby authorized. The primary responsibility of the Tree Board shall be to review and implement the public tree policy. The Tree Board also reviews heritage tree applications for public and private property and makes recommendations to approve or deny applications to the Planning Director, who makes the final determination. On issues concerning the revision or establishment of standards or regulations concerning the City's urban forest, the Tree Board shall provide its recommendations to the City's Planning Commission since these issues may affect the City's Comprehensive Plan, Zoning Code, Subdivision Code, and other land use regulations. The members of the Recreation and Parks Advisory Commission shall serve as the members of the Tree Board, or a separate Tree Board may be established as authorized by City Council.
(Ord. 2838 § 3, 2023)
The City acknowledges that preserving distinctive large trees provides multiple benefits to residents, and the City has set forth a procedure to preserve and protect these trees.
A. 
Criteria. For a tree to be listed as a heritage tree, it must be a viable significant tree of greater than 36-inch diameter at breast height (DBH), of distinctive size, shape, species, historical significance, and/or age. Applicants must provide a report by a qualified arborist identifying the tree's characteristics, current condition, and current/anticipated future maintenance needs. Applications for potential heritage trees in a location which conflicts with proposed public improvements or structures may be denied. In order to allow the City to meet state growth requirements, heritage trees are not allowed on private property in the Town Center zone, but are allowed on public property.
B. 
Designation.
1. 
On public property, anyone may apply for heritage tree status. On private property, only the property owner may apply for heritage tree status.
2. 
Applications for heritage trees shall include a tree description, how the tree meets criteria in subsection A of this section (including the history of the tree, if known), a photograph, and a map locating the tree and nearby structures on the property.
3. 
Process. Heritage tree nominations shall be submitted to the City and reviewed for completeness and consistency. Complete applications for public property are referred to the City department director responsible for the property; for private property, the Planning Department reviews applications. Next, the Tree Board reviews the application and makes a recommendation to the Planning Department Director to approve or deny the application. Final determination is made by the Planning Department Director.
4. 
Appeal. Applicants may appeal heritage tree decisions to the Hearing Examiner.
5. 
To inform future property owners of the tree's protected status, the owner of the property must record a notice on the face of the plat, as a notice to title, or on some other legal document that runs with the property indicating the status and the location of the heritage tree.
6. 
Heritage trees will be cataloged and mapped by the City. Each tree will have a permanent plaque to identify it.
7. 
Fees for costs associated with applying for heritage tree status are listed in the development fee schedules.
C. 
Maintenance. Responsibility and liability for heritage trees on private property are retained by the property owner. For public property, heritage tree maintenance falls to the City department with responsibility for the property.
D. 
Removal of Designation. Heritage tree designation may only be removed by meeting the criteria below, obtaining written approval from the Planning Department, and providing notification to the Tree Board.
1. 
Heritage tree designation may be removed if one or more criteria is satisfied:
a. 
Retention of the tree would make reasonable use of the property allowed under the current zoning impractical;
b. 
The tree interferes with the needed location of proposed improvements or structures; or
c. 
The tree becomes hazardous and poses a threat to the health, safety or welfare of the public. Under these circumstances, emergency tree removal is allowed.
2. 
Once a heritage tree designation has been removed, and the tree is proposed for removal as part of a development application process, all provisions of Chapter 19.130 MTMC shall apply, including tree replacement requirements and fees.
(Ord. 2838 § 3, 2023)
In conjunction with the Director of Planning and Community and Economic Development and Public Works, the Recreation and Parks Director is authorized to promulgate rules, regulations, and policies including the public tree policy to administer and implement the provisions of this chapter.
(Ord. 2838 § 3, 2023)
This chapter and all rules, regulations and policies adopted pursuant hereto shall be implemented in accordance with all appropriate state and federal laws and regulations.
(Ord. 2838 § 3, 2023)
Nothing contained in this chapter or in any related rule, regulation or policy (including the public tree policy) shall be deemed to impose any liability upon the City, its officers, employees, or agents. Further, nothing contained in this chapter shall relieve any owner of property from the duty to keep any tree, shrub, plant or vegetation on their property or under their control including street tree areas in such condition as to prevent a hazard, nuisance or an impediment to travel.
(Ord. 2838 § 3, 2023)
Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000. It shall be a separate offense for each and every day or portion thereof during which any violation of any provisions of this chapter or any of the rules, regulations, policies, or plans adopted pursuant to this chapter is committed.
A. 
Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter shall be liable for all damages to property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation or to such other conditions acceptable to the City.
B. 
Notwithstanding the other provisions provided in this section, anything done contrary to the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter or the failure to comply with the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter shall be and the same is declared to be a public nuisance.
C. 
The City is authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm, corporation, or association or any agent from violating any of the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter and compelling compliance with the provisions thereof and the violators shall pay all City costs of seeking such injunction in the event the City is successful in obtaining the injunction.
D. 
Penalty and enforcement provisions provided in this section are not exclusive, and the City may pursue any remedy or relief it deems appropriate.
(Ord. 2838 § 3, 2023)