A. 
Purpose. The retention of significant trees in the City as required by this section is important and necessary to maintain and protect property values, to enhance the visual appearance of the City, to preserve the natural wooded character of the Pacific Northwest, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system, and to provide a better transition between the various land uses permitted in the City.
B. 
Requirement. To the greatest extent possible, existing significant trees that do not constitute a safety hazard shall be retained on site. Significant trees shall not be removed, damaged, or disturbed in any way (other than general maintenance), irrespective of requirements in other sections of this title, except as approved by the City under the replacement provisions of this section and the clearing and grading provisions of Chapter 15.05 MTMC, or other governmental agency with jurisdiction. A qualified arborist shall be retained by the applicant to inventory all trees on the subject property and, as necessary, make recommendations for protection, retention, and preservation or removal of trees on site. A copy of such report and recommendations shall be submitted to the City as part of the site development plan application and review process.
(Ord. 2074 § 8.4(A), 1995; Ord. 2304 § 1, 2001; Ord. 2702 § 3, 2016; Ord. 2712 § 2, 2017; Ord. 2838 § 5, 2023)
A. 
"Diameter at breast height"
means the diameter or thickness of a tree trunk measured at four and one-half feet from the ground.
B. 
"Drip line"
means the area defined by the outermost circumference of a tree canopy where water drips from and onto the ground.
C. 
"Grove"
means five or more viable significant trees forming a contiguous canopy.
D. 
"Heritage tree"
is a viable significant tree of greater than 36-inch diameter DBH, of distinctive size, shape, historical significance, species, and/or age.
E. 
"Qualified arborist"
means an individual with relevant education and training in arboriculture or urban forestry, having one or more of the following credentials:
1. 
International Society of Arboriculture (ISA) Certified Arborist;
2. 
Tree Risk Assessor Qualification (TRAQ) as established by the ISA (or equivalent);
3. 
American Society of Consulting Arborists (ASCA) registered Consulting Arborist;
4. 
Society of American Foresters (SAF) Certified Forester for Forest Management Plans; and
5. 
Board Certified Master Arborist as established by the ISA.
A qualified arborist must have the TRAQ or equivalent qualification to submit tree risk assessment reports related to hazard tree removal.
F. 
"Significant tree"
means any tree having a trunk diameter of six inches or greater as measured at DBH for deciduous trees, or at least seven feet in height for coniferous trees, excluding trees on the City's posted Prohibited Tree List.
G. 
"Tree protection zone (TPZ)"
means a defined area within and including an outer boundary, as determined by a qualified professional arborist, in which certain activities are prohibited or restricted to prevent or minimize potential impacts from construction or development to individual trees or groups of tree trunks, roots and soil. The TPZ is variable depending on species, age and health of the tree, soil conditions and proposed construction. TPZ denotes the location of tree protection fencing.
H. 
"Viable tree"
means a significant tree that a qualified arborist has determined to be in fair or good health, with a low risk of failure due to structural defects over the next 12 months.
(Ord. 2838 § 6, 2023)
A. 
For any proposed site development plan where any significant trees exist, the applicant shall submit a significant tree inventory plan as follows:
1. 
A drawing to the same scale as the site development plan or the landscape development plan;
2. 
The location, DBH, botanical name and condition, including the likely remaining healthy life span, of all significant existing trees as defined by MTMC § 19.130.150, and the location of all wetland and water body setback buffers, including the location and botanical name of any significant vegetation as defined by MTMC § 19.130.150;
3. 
The existing and proposed contours;
4. 
Identification of trees proposed for retention or removal;
5. 
The proposed tree protection zone of all trees to be from the face of each tree trunk to the drip line; and
6. 
Recommended tree protection techniques to be employed before, during, and after land alteration and construction to ensure the continued healthy life of retained trees.
B. 
Significant tree inventory plans shall be prepared by a qualified arborist unless otherwise approved by the city in writing;
C. 
The City shall review proposed significant tree inventory plans in conjunction with site development plans and approve or require modification or revisions of any of the proposed plans in order to ensure that, to the greatest extent possible, significant trees are retained on site, unless such trees present a safety hazard, based on their condition or location; and
D. 
Recommendations made by a qualified arborist as part of the approved significant tree inventory plan are to be strictly followed by the applicant/developer/owner throughout the life of the project.
(Ord. 2074 § 8.4(C), 1995; Ord. 2304 § 1, 2001; Ord. 2838 § 7, 2023)
A. 
No site clearing or significant tree removal shall occur on any lot prior to approval of a proposed significant tree inventory plan when such plan is required.
B. 
When a significant tree inventory plan and/or tree evaluation report is required, no building permits for site work including, but not limited to, clearing, grading, or demolitions shall be issued until:
1. 
An approved significant tree inventory plan and/or tree evaluation report is on file with the Community and Economic Development Department; and
2. 
A site inspection has verified the installation of the appropriate tree protection mechanisms.
C. 
A stream and/or wetland buffer zone shall not be disturbed in any way or manner that is inconsistent with Chapter 16.15 MTMC.
D. 
Minimum Retention Requirements. All proposed development activities from the provisions of this section shall meet the following criteria:
1. 
For any site proposed to be developed or cleared which contains significant trees, based on the approved significant tree inventory plan, at least 25 percent of the viable significant trees must be retained. If these tree retention requirements are met, no further action is required. When tree retention to the 25 percent threshold cannot be met, a combination of tree retention, tree replacement above and beyond City landscaping requirements for site development, and/or fee-in-lieu must be used to mitigate the impacts of all significant viable trees removed from the site.
a. 
Exceptions. The Community and Economic Development Department may allow a reduction in the minimum significant tree retention percentage to facilitate preservation of a greater number of smaller trees, a cluster or grove of trees, or contiguous perimeter buffers.
b. 
Frontage Improvements. Significant trees that must be removed to accommodate the installation of a required frontage improvement shall not be included in calculation of the minimum retention percentage for the site.
c. 
Incentives for Higher Levels of Tree Protection. The Community and Economic Development Department may grant reductions or adjustments to other site development standards if the protection levels previously identified in this subsection are exceeded. On a case-by-case review, the Community and Economic Development Department shall determine the balance between tree protection that exceeds the established minimum percentage and variations to site development requirements. If adjustments or reductions to site development standards are granted under this provision, then tree protection requirements shall be recorded on the face of the plat, as a notice to title, or on some other legal document that runs with the property. Adjustments that may be considered in exchange for retaining additional trees above the minimum requirements, at the discretion of the City, are:
i. 
Reduction of a rear yard and/or side yard building setback to compensate for significant or heritage tree preservation; provided, that the setback is not reduced more than five feet, and is the minimum reduction required for tree preservation, and complies with other applicable codes; or
ii. 
Increase in the amount of allowable impervious surface by five percent; or
iii. 
Reductions or variations of the area, width, or composition of required open space and/or landscaping; or
iv. 
Variations in parking lot design and/or any access driveway requirements; or
v. 
Variations of grading and stormwater requirements; or
vi. 
Variations in frontage improvements; or
vii. 
Reduction in stormwater capital facilities fees.
2. 
Demonstrate the following retention priorities in the tree retention plan (not in order of importance): trees in groves, heritage trees, and trees adjacent to parks or other open space areas.
3. 
Additional trees must be retained as required by other municipal code, including regulations for critical areas (Chapter 16.15 MTMC), shoreline management (Chapter 16.10 MTMC), and heritage trees (MTMC § 16.30.070).
4. 
Tree replacement (MTMC § 19.130.190) or tree fee-in-lieu (MTMC § 19.130.195) may be utilized if the minimum retention requirements cannot be met.
E. 
Any tree removal, site clearing, or site alteration undertaken that does not meet these conditions will be subject to site rehabilitation, as determined by the City, and may be subject to penalties as provided in MTMC § 19.130.199 and other applicable codes.
F. 
Must comply with MTMC § 16.20.080(D) (Clearing and Grading Permit).
(Ord. 2074 § 8.4(D), 1995; Ord. 2304 § 1, 2001; Ord. 2702 § 5, 2016; Ord. 2712 § 4, 2017; Ord. 2729 § 21, 2018; Ord. 2838 § 8, 2023)
The following protection guidelines shall be imposed for all trees to be retained on site during the construction process:
A. 
All required tree protection measures shall be shown on the tree protection and replacement plan, clearing and grading plan, or other plan submitted to meet the requirements of this article. Tree protection shall remain in place for the duration of the permit unless earlier removal is addressed through construction sequencing on approved plans.
B. 
No filling, excavating, stacking, storing of any equipment, or compacting of the earth in any way shall be permitted within the area defined by the drip line of any tree to be retained, except for filling or excavating as recommended by an arborist and approved by the City.
C. 
No impervious surface material may be installed within the area defined by the drip line of any tree to be retained, except as recommended by an arborist and approved by the City; and
D. 
The grade level shall not be lowered or raised within the tree protection zone (TPZ) without a report provided by a qualified arborist and Community and Economic Development Department approval. Approved excavation within the TPZ must use low-impact excavation methods, such as directional boring, pneumatic (air) or hydro excavation, or hand digging to minimize tree disturbance. Any roots two inches diameter or greater that cannot be retained must be cleanly cut at the point of excavation closest to the tree to prevent damage to the root beyond excavation. Rock walls shall be constructed around the tree, equal to the dripline, when existing grade levels are lowered or raised by the proposed grading.
E. 
Prior to any land disturbance, temporary construction fences must be placed around the tree protection area to be preserved. Protective barricades shall be provided around the tree(s) to be protected, placed at the edge of the drip line. If a cluster of trees is proposed for retention, the barrier shall be placed around the edge formed by the drip lines of the trees to be retained. Tree protection shall remain in place for the duration of the permit unless earlier removal is addressed through construction sequencing on approved plans.
F. 
Tree protection barriers shall be a minimum of six feet high, constructed of chain link or similar material. "Tree Protection Area" signs shall be posted visibly on all sides of the fenced areas.
G. 
Where tree protection zones are remote from areas of land disturbance, and when approved by the Community and Economic Development Department, alternative forms of tree protection may be used in lieu of tree protection barriers; provided, that protected trees are completely surrounded with continuous rope or flagging and are accompanied by "Tree Leave Area – Keep Out" signs.
H. 
Retain small trees, bushes, and understory plants within the tree protection zone, unless the plant is identified as a regulated noxious weed, a nonregulated noxious weed, or a weed of concern by the Snohomish County Noxious Weed Control Board.
I. 
Preventative Mitigation. In addition to the above minimum tree protection measures, the applicant shall support tree protection efforts by employing, as appropriate, the following preventative measures, consistent with best management practices for maintaining the health of the tree:
1. 
Pruning of visible deadwood on trees to be protected or relocated;
2. 
Mulching with a layer of four inches to five inches of wood chips within the drip line of retained trees; and
3. 
Ensuring watering adequate to maintain tree health during and immediately after construction from May 1st through September 30th, or until reliable rainfall occurs in the fall.
If, at the discretion of the City, it appears tree protection practices employed during site development are insufficient to protect retained trees, the applicant may be required to implement other specific tree protection techniques.
(Ord. 2838 § 9, 2023)
A. 
Replacement Required. Tree replacement on site is required for tree removal associated with development, above and beyond required landscaping. Each viable significant tree to be removed shall be replaced as follows:
1. 
For each significant tree between six inches and 12 inches DBH removed, three replacement trees are required.
2. 
For each significant tree between 12 inches and 24 inches DBH removed, five replacement trees are required.
3. 
For each significant tree between 24 inches and 48 inches DBH removed, seven replacement trees are required.
4. 
For each significant tree greater than 48 inches DBH removed, 10 replacement trees are required.
B. 
Replacement trees shall be of any approved species, mutually agreed upon by the applicant and staff, at least two inches in diameter measured six inches above grade for deciduous trees, and a minimum of seven feet in height for evergreen trees.
(Ord. 2838 § 10, 2023)
Fee-in-lieu for replacement trees required as per minimum retention requirements in MTMC § 19.130.170(D)(1) is allowed.
A. 
The amount of the fee shall be multiplied by the number of trees necessary to satisfy the tree replacement requirements of MTMC § 19.130.190, and shall be deposited into the City's tree fund.
B. 
The fee shall be paid to the City prior to the issuance of a civil or building permit.
C. 
Exemption. If the development meets the requirements for affordable housing as defined by RCW 84.14.010 for a minimum of 20 percent of the housing units, tree fee-in-lieu fee requirements are waived.
D. 
Tree replacement fees as specified in the civil engineering construction development fee schedule in MTMC § 3.150.090[1].
[1]
Tree replacement fee based on wholesale cost for a two-inch caliper tree with tax; labor for planting and summer watering for first three years; plus replacement cost for anticipated 20 percent street tree mortality. Rate: $781.00 per tree.
(Ord. 2838 § 11, 2023)
There is hereby created and established a City fund known as the "tree fund."
A. 
Funding Sources. Monies for the tree fund shall come from the following sources:
1. 
All revenue received under MTMC § 19.130.195, and mitigation fees, civil fines, and penalties received by the City for illegal removal of trees under violations of clearing and grading, critical areas, land use, or other code for the purpose of tree protection.
2. 
Donations and grants for tree purposes; and
3. 
Other monies as allocated by the City Council.
B. 
Funding Purposes. Monies in the tree fund may be used for the following purposes, as reviewed and approved by the City:
1. 
Providing tree vouchers to residents for the purpose of purchasing and planting trees in the City;
2. 
Paying for services provided by a qualified tree professional;
3. 
Paying for services to support the City's urban forest management and health;
4. 
Acquiring, maintaining, planting, and preserving wooded areas within the City;
5. 
Purchasing and planting of trees by the City, including planting street trees, trees within parks, the right-of-way, and other public property;
6. 
Purchasing supplies and materials for the City's observance of Arbor Day;
7. 
Education and outreach on the benefits of trees and tree protection; and
8. 
Other purposes relating to trees as determined by the City Council.
C. 
Monies from the tree fund shall not be used to purchase trees required for replacement under the conditions in MTMC § 19.130.195, nor used to purchase trees required for mitigation. Further, monies cannot be used in any manner that will profit the grantee.
D. 
City staff will be appointed to manage the tree fund and will provide an annual report on the tree fund status to the Tree Board.
(Ord. 2838 § 12, 2023)
The City may pursue code enforcement and penalties in accordance with this section and with other applicable code enforcement sections. Where there is a conflict, this section shall prevail.
A. 
Civil Penalty Fines for Tree Removal.
1. 
It is unlawful to remove or damage trees in violation of these tree regulations or approved plans. Tree removal includes the removal of a tree, directly or indirectly, or irreversible damage to a tree resulting in the death of the tree.
2. 
Any person who aids or abets in the violation shall be considered to have committed a violation for purposes of fines. This includes the arborist or company pruning or removing the tree.
3. 
Violations include:
a. 
Removal of trees before final tree retention plan approval, or the issuance of a clearing and grading permit during the development process; or
b. 
Removal of trees shown to be retained on an approved tree retention plan; or
c. 
Removal of heritage trees.
B. 
Fines and tree restoration costs may be assessed against the responsible party. Civil penalty fines are as assessed at $1,500 per inch of diameter at breast height (DBH) of the tree unlawfully removed or damaged. If the DBH of an unlawfully removed or damaged tree cannot be established, the diameter of the remaining stump top shall be used. In cases where the stump has been removed, the City will approximate the size of the removed tree(s) based on available evidence. If inadequate evidence as to the size of the tree exists, the City shall assess a minimum $10,000 civil penalty fine for each unlawfully removed tree. Fines must be paid within 30 days. A property lien may result from the nonpayment of fines. Any appeal shall be governed by procedures outlined in Chapter 1.15 MTMC.
(Ord. 2838 § 13, 2023)