Brier City Zoning Code

The purpose of these standards is to establish regulations for the design, construction, installation, and maintenance of all exterior signs in the city of Brier in order to:

The intent of this chapter is to:

Temporary signs shall be allowed in the public right-of-way, so long as such signs do not pose a traffic safety hazard and shall not block a sidewalk or walking path. All political temporary signs may be installed up to one calendar week prior to the event being promoted by the sign, and shall be removed by the person placing the sign and/or sponsor, or his or her agent or designee, within seventy-two hours following the event promoted by the sign.

A-board signs may be placed in the public right-of-way during daylight hours, but must be off walkways, paths, trails, and traveled portions of the right-of-way and shall be removed each day prior to dusk. No sign shall be placed on sign posts, fire hydrants, or utility poles.

Signs located on public parks, public trails and designated public open space, including any such parks, trails and open space open to the public, whether owned and maintained by the city or by another entity.

Banners placed by the city of Brier promoting municipal activities and events on public facilities or in the right-of-way.

Signs erected by state or local government agencies or their contractors, or public utility companies to facilitate the construction, maintenance or operation of facilities or to warn of danger or hazardous conditions, including signs indicating the presence of underground cables, gas lines and similar devices.

Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC);

Machines and equipment that are designed and marketed as consumer products, such as microwave ovens and remote control toys;

Hand-held, mobile, marine and portable radio transmitters and/or receivers;

Two-way radio utilized for temporary or emergency services communications;

Licensed amateur (ham) radio stations and citizen band stations;

Receive-only television and satellite dish antennas as an accessory use;

Ancillary antennas allowed by franchise agreement with the city;

Industrial control systems for natural gas, electrical power, water, wastewater collection and treatment, electrical power transmissions utilities that monitors and controls infrastructure for distribution, performs metering, and controls consumption;

Any public or private industrial control systems monitoring and controlling energy and water consumption;

Any maintenance, reconstruction, repair or replacement of a conforming personal wireless communications facility (PWCF); provided, that the PWCF does not result in noncompliance with this chapter;

In the event a building permit and/or a right-of-way permit is required for any emergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required within thirty days after the completion of such emergency activities. In the event a building permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities.

An accurate map, compatible with the city's version of GIS mapping software, indicating the proposed site and detailing existing personal wireless communications facility locations owned and operated by the applicant within the city on the date of application submittal. The map shall also include all existing utilities within one-quarter mile of the facility including utilities in the right-of-way, and proposed dry utilities connections.

An engineering certification demonstrating planned compliance with all existing federal radio frequency emissions standards.

An engineering analysis providing technical data sufficient to justify the proposed height of the wireless communication facility, including but not limited to structural calculations and a geotechnical report.

A stamped engineering plan shall be provided that identifies utility conflicts for the facility and connections.

An alternative site analysis may be required by the director. The analysis shall assess the feasibility of alternative sites, including the potential for co-location, in the vicinity of the proposed site, as deemed necessary by the planning director. The alternative site analysis shall specifically include an evaluation of the availability and feasibility of potential alternative sites. The alternative site analysis shall include a map that shows other potential stand-alone locations for the proposed personal wireless communications facility that have been explored, and shall describe why the proposed location is superior to other potential locations. Factors that must be considered in the alternative site analysis include, but are not limited to, cost, visual benefits and detriments of alternative sites, setbacks, and proximity to residences.

An alternative configuration analysis, assessing the feasibility of alternative personal wireless communications facility construction configurations – both at the proposed site and in the surrounding vicinity – which would result in a more visually compatible antenna(s), as deemed necessary by the planning director. This analysis shall include an explanation of why other personal wireless communications facility construction configurations were not selected.

A projection of the applicant's anticipated future personal wireless communications facility siting needs within the city, which information may be used by the city as part of a master planning effort designed to ensure a more planned, integrated and organized approach to personal wireless communications facility siting.

An identification of the geographic service area for the subject installation, including a map showing all of the applicant's existing sites in the local service network associated with the coverage gap the personal wireless communications facility is meant to close, and describing how the coverage gap will be filled by the proposed installation.

An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the wireless communication facility. The analysis shall include photo simulations and other information as necessary to determine visual impact of the personal wireless communications facility. A map depicting where the photos were taken shall be included. The analysis shall include a written description of efforts to blend the personal wireless communications facility with the surrounding area.

The height and diameter of the facility, together with evidence that demonstrates that the proposed personal wireless communications facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site. If the facility will exceed the maximum permitted height limit, as measured from grade, a discussion of the physical constraints (topographical features, etc.) making the additional height necessary shall be provided.

Proof that, prior to submittal, the applicant has met the requirements of Snohomish County PUD for electric service to the personal wireless communications facility.

A description of the maintenance and monitoring program for the personal wireless communications facility and associated landscaping.

Noise and acoustical information derived from the manufacturer's specifications for all equipment such as air conditioning units and back-up generators, and a depiction of the equipment location in relation to adjoining properties.

If required by the planning director, a concept landscape plan will be required showing all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

A legal binding agreement signed by the applicant to allow other carriers to co-locate on the proposed personal wireless communications facility wherever technically and economically feasible and aesthetically desirable.

A written description of any good faith efforts to co-locate the proposed personal wireless communications facility on another site or building, including a GIS compatible map of the sites and engineering information or letters from the owners of the site describing why co-location is not a possibility.

A written description of all accessory wireless equipment for the personal wireless communications facility. Describe the function of this accessory equipment and the need to locate same on or near the personal wireless communications facility.

All other information as required by the city's personal wireless communications facility permit supplemental application form.

The planning director may develop and from time to time modify an application form embodying the minimum requirements specified above, and adding thereto.

A dry utility plan shall be provided including all existing utilities (dry and wet) within the right-of-way and profiles for connection to the wireless communication facility. Any work in the right-of-way shall require a restoration plan that meets city standards for trenching and backfill and separation from existing utilities. All utility vaults in the right-of-way shall be subject to approval by the city. All utility vaults in the right-of-way shall have non-skid lids if in the sidewalk. Utility vaults located within the street shall meet loading standards set forth by the city and shall have locking lids.

In the event that the city in its discretion determines the need to hire an independent, qualified consultant to evaluate technical and other aspects of the application, the applicant shall provide the city with written authorization for the city to do so. Such authorization shall include a written agreement by the applicant to advance or promptly reimburse the city for all reasonable costs associated with such consultation. In the alternative, the city may require the applicant to submit a cash deposit for the estimated cost of such consultation, and to replenish said deposit if consumed by reasonable costs associated with such consultation. Such consultation is intended to be a site-specific review of technical aspects of the proposed personal wireless communications facility and shall address all of the following:

Compliance with applicable radio frequency emission standards;

Height analysis;

Configuration;

The appropriateness of granting any requested exceptions;

The accuracy and completeness of submissions;

The applicability of analysis techniques and methodologies;

The validity of conclusions reached; and

Any specific technical issues designated by the city.

All notification requirements have been met;

The proposed use complies with all applicable provisions of this Brier Municipal Code.

The proposed personal wireless communications facility will not interfere with the use of the public right-of-way, or public property and existing improvements and utilities thereon;

The proposed personal wireless communications facility will not physically or visually interfere with vehicular, bicycle, equestrian, and/or pedestrian use of streets, intersections, bicycle lanes, trails, driveways, sidewalks, and/or walkways;

The proposed personal wireless communications facility and its location will comply with the Americans with Disabilities Act;

To the maximum extent reasonably feasible, the proposed personal wireless communications facility has been designed to blend with the surrounding area and the facility is appropriately designed for the specific site;

If the proposed personal wireless communications facility will be a high visibility personal wireless communications facility, that a low visibility design for the proposed personal wireless communications facility is not reasonably feasible.

The permittee shall submit as-built drawings confirming that the personal wireless communications facility has been constructed in substantial compliance with the visual impact analysis required by BMC § 17.40.050(I);

The permittee shall not use, generate, store or dispose of any hazardous materials on, under, about or within the public right-of-way in violation of any law or regulation.

Permittee shall install and maintain permitted wireless telecommunications facilities in compliance with the requirements of the Uniform Building Code, National Electrical Code, city noise standards and other applicable codes, as well as other restrictions specified in this code.

Visual Impact Minimization and Screening Standards. All wireless telecommunications facilities shall employ and maintain camouflage design techniques to minimize visual impacts and provide appropriate screening. Such techniques shall be employed to make the installation, operation and appearance of the facility as visually inconspicuous as possible, to prevent the facility from visually dominating the surrounding area, and to hide the installation from predominant views from surrounding properties. Depending on the proposed site and surroundings, certain camouflage design techniques may be deemed by the city as ineffective or inappropriate and alternative techniques may be required. The following is a menu of potential camouflage design techniques that should be considered based on different installation situations:

Setbacks. Personal wireless communications facility right-of-way setbacks of all wireless telecommunications facilities shall be equal to the same number of feet as those set forth in the development standards and setback requirements of the underlying zoning district, except as otherwise permitted herein. For the purposes of this chapter, the term "except as otherwise permitted herein" means: temporary emergency facilities, existing facilities, facilities located in the right-of-way and, facilities where compliance with said setback requirements are not reasonably feasible as determined by an analysis of alternative sites and the need to close a significant gap in coverage.

Co-Location. All antenna supports over forty feet in height shall allow for co-location by other future or concurrent applicants for the installation of wireless telecommunications facilities. The applicant shall demonstrate that the design of the antenna support and the placement of ground-mounted wireless telecommunications facilities will accommodate one or more other wireless telecommunications facilities. The owner of the antenna support shall certify that the antenna support is available for use by another future or concurrent applicant for the installation of wireless telecommunications facilities on a commercially reasonable and nondiscriminatory basis.

Lighting. Any exterior lighting for wireless telecommunications facilities shall be fully shielded and in compliance with Brier Municipal Code.

Identification. Each personal wireless communications facility shall be identified by a permanently installed plaque or marker, no larger than four inches by six inches, clearly identifying the addresses, email contact information, and twenty-four-hour local or toll-free contact telephone numbers for a live contact person for both the permittee and the agent responsible for the maintenance of the personal wireless communications facility. Emergency contact information shall be included for immediate response. Such information shall be updated in the event of a change in the permittee, the agent responsible for maintenance of the personal wireless communications facility, or both.

Height. The height of freestanding wireless telecommunications facilities or wireless telecommunications facilities attached to buildings or utility poles shall not exceed sixty feet. The height of wireless telecommunications facilities attached to transmission towers shall not extend more than twenty feet beyond the height of the tower.

Maintenance.

Permittee and the personal wireless communications facility shall adhere to and comply with all applicable requirements of federal, state and local laws, ordinances, rules, and regulations.

All permittees or operators who intend to abandon, discontinue, and/or terminate the use of any personal wireless communications facility and/or cancel the lease shall notify the city of such intentions no less than sixty days prior to the final day of use by submitting an abandonment plan. Said notification shall be in writing, shall specify the date of termination, shall indicate which infrastructure will be removed, and shall include reference to the applicable wireless telecommunications facilities permit number.

All wireless telecommunications facilities where operations have been abandoned, discontinued, terminated, and/or a lease has been cancelled, shall be physically removed no more than ninety days following the final day of use or of determination that the facility has been abandoned, discontinued and/or terminated, or lease has been cancelled, whichever occurs first. By that same time, at permittee's sole expense and responsibility, all component elements of such site shall be removed in accordance with applicable health and safety requirements. The site upon which the personal wireless communications facility is located shall be restored to the condition that existed prior to the installation of the personal wireless communications facility, or as required by the planning director. The city may require that underground infrastructure remain in place for reuse by other facilities.

At any time after ninety days following the abandonment, discontinuation, and/or termination of the use and/or operation, or cancellation of a lease of a personal wireless communications facility, the planning director may remove the personal wireless communications facility, repair any and all damage to the premises caused by such removal, and otherwise restore the premises as he/she deems appropriate. The city may, but shall not be required to, store the removed personal wireless communications facility (or any part thereof). The permittee of the personal wireless communications facility, and all prior owners and operators of the personal wireless communications facility, shall be jointly and severally liable for the entire cost of such removal, repair, restoration, and storage, and shall remit payment to the city promptly after demand therefor is made. The city may, in lieu of storing the removed personal wireless communications facility, convert it to the city's use, sell it, or dispose of it in any manner deemed appropriate by the city.

At all times, permittee shall ensure that its wireless telecommunications facilities shall comply with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the FCC and antenna height standards adopted by the Federal Aviation Administration. The permittee shall obtain and maintain the most current information from the FCC regarding allowable radio frequency emissions and all other applicable regulations and standards and, at the following indicated times, shall file a report with the planning director indicating whether permittee is in compliance with such standards, advising the planning director of any regulatory changes that require modifications to the wireless telecommunications facilities, and advising the planning director of the measures taken by the permittee to comply with such regulatory changes as follows: (1) prior to the commencement of the installation of the personal wireless communications facility, (2) every year, on the anniversary of the submittal of the initial compliance report, and (3) upon any proposed increase of at least ten percent in the effective radiated power or any proposed change in frequency use. Both the initial and update certifications shall be subject to review and approval by the city. At the planning director's sole discretion, a qualified independent RF engineer, selected by and under contract to the city, may be retained to review said certifications for compliance with FCC regulations. All costs associated with the city's review of these certifications shall be the responsibility of the permittee, which shall promptly reimburse city for the cost of the review.

Public access to a personal wireless communications facility shall be restricted. Security measures shall include fencing, screening, and security signage, as deemed appropriate by the planning director.

Safety lighting or colors, if prescribed by the planning director or other approving agency including, but not limited to, the Federal Aviation Administration, may be required for antenna support structures. Safety lights shall be of a type that minimizes downward illumination.

Wireless telecommunication facilities shall comply with all federal and state standards, including but not limited to radio frequency emissions, height limits, and aircraft warning lighting. Failure to comply with federal or state standards may result in immediate revocation or modification of the conditional use permit.

The applicant shall comply with federal standards for radio frequency emissions. Within six months after the issuance of its operational permit, the applicant shall submit a report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site and demonstrates compliance with established federal standards. The report shall be subject, at the city's discretion, to review and approval of the city's consultant for consistency with federal standards. If on review, the city finds that the wireless communication facility does not meet federal standards, the city may revoke or modify the conditional use permit.

The applicant shall ensure that the wireless communication facility will not cause localized interference with the reception of area television or radio broadcasts. If on review the city finds that the wireless communication facility interferes with such reception, and if such interference is not cured within sixty days, the city may revoke or modify this conditional use permit.

No equipment shall be operated so as to produce noise levels above forty-five dB as measured from the nearest property line abutting the wireless communication facility.

All work and entry upon, over, under, or along the public right-of-way or other public property performed in connection with the installation, maintenance, and/or removal of a personal wireless communications facility shall be conducted under the supervision of the planning director, shall be performed in a good and skillful manner, and shall comply with all applicable city rules, regulations and standards.

Permittee agrees to repair, at its sole cost and expense, any damage (including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support) to city streets, sidewalks, walks, curbs, gutters, trees, parkways, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a personal wireless communications facility for which permittee obtained and/or holds a personal wireless communications facility permit. In the event permittee fails to complete said repair within the number of days stated on a written notice by the planning director, the planning director shall cause said repair to be completed and shall invoice the permittee for all costs incurred by the city as a result of such repair.

The city reserves the right to terminate a personal wireless communications facility permit at any time upon ninety days, written notice of said termination in the event it determines the personal wireless communications facility creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety, and after written notice and opportunity to cure.

In the event of termination pursuant to this chapter and if requested in writing by the planning director, permittee shall remove its personal wireless communications facility at its own expense and shall repair and restore all city right-of-way property affected by the placement, maintenance, and removal of the personal wireless communications facility to a condition that existed prior to the installation of the personal wireless communications facility or as required by the planning director.

No personal wireless communications facility conditional use permit application which has been denied in whole or in part shall be filed again within six months from the date of such denial except upon proof of changed conditions or by permission of the planning director.

Proposals for amendments of the comprehensive plan shall be considered by the city council no more frequently than once every year;

Proposals for plan amendments shall be considered concurrently so that the cumulative effect of various proposals can be ascertained; and

Proposals may be considered at separate meetings or hearings, so long as the final action taken considers the cumulative effect of all the proposed amendments to the plan.

Resolution of an emergency condition or situation that involves public health, safety or welfare; and when adherence to the annual amendment process would be further detrimental to public health, safety or welfare.

Initial adoption of an identified subarea plan designed to comply with the Growth Management Act and to be consistent with the city's comprehensive plan.

Adoption of comprehensive plan designation(s) associated with an annexation and intended to take effect upon annexation, or other date specific.

Resolution of decision by an administrative agency, or court of competent jurisdiction.

Annual List of Suggested Amendments. The director of community development shall compile and maintain for public review an annual list of suggested amendments to the comprehensive plan or subarea plans that are citywide in nature and that are not for personal gain, project-related or site-specific.

Public Participation Process – Suggested Amendments.

Planning Commission and City Council Review.

Application Submittal Requirements. The applicant shall:

Application Submittal Deadline. The deadline for receipt of formal amendment applications shall be five p.m. on March 31st of each year, or the nearest working day if March 31st falls on a weekend.

The annual amendment process shall be guided by the general process and schedule outlined in the implementation element of the comprehensive plan.

Planning Commission Recommendation. The planning commission, after studying each proposal on the proposed amendments list, and after holding a public hearing to accept public comments on each, shall recommend to the city council that each proposed amendment(s) be denied, approved, or approved with conditions or modifications. The planning commission's recommendation shall be based upon criteria set forth in the implementation element of the comprehensive plan.

City Council Decision. The city council shall review the recommendations of the planning commission and any comments offered by other agencies, and shall hold a public hearing to accept any additional public comments prior to the final decisions. The council shall approve, deny, or approve with conditions or revisions to the proposed amendment(s). The council's decision shall be based on criteria set forth in implementation element of the comprehensive plan.

Repealed by Ord. 421.

A maximum of two recreational or utility vehicles are allowed to be located on a single-family residential lot except when parked inside a garage.

Recreational or utility vehicles shall be parked on an improved surface, except:

Recreational or utility vehicles shall not intrude into the public right-of-way, or public property, or obstruct sight visibility from adjacent driveways, or obstruct the view of traffic control devices.

A recreational or utility vehicle shall not be occupied by any person or persons unless it is entirely located on a lot or parcel that contains a single-family dwelling unit and the lawful occupant of the house has given permission for the person or persons to occupy the recreational or utility trailer; provided, that such occupancy does not create a public health hazard or nuisance and this occupancy shall not exceed two weeks within any six-month period.

Recreational or utility vehicles parked outside of a building shall be maintained in a clean, stable and well-kept state, which means that they shall not have a broken window, shall not have body damage or rust affecting more than ten percent of the vehicle's exterior surface, excluding the vehicle's undercarriage, and shall not have the appearance of substantial disrepair or neglect.

Recreational or utility vehicles equipped with liquefied petroleum gas containers shall meet the standards of the Interstate Commerce Commission. Valves or gas containers shall be closed when the vehicle is parked or stored. In the event of leakage, immediate corrective action must be taken.

No more than two recreational or utility vehicles may be parked anywhere on a property that is outside of a legally constructed and fully enclosed structure.

No person shall park or store a commercial vehicle on any dwelling lot in any residential zone unless approved for such parking under a home occupation business license. For the purposes of this section, "commercial vehicle" means any vehicle, the principal use of which is the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers, for hire, or which is used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes.

Exceptions to this requirement are:

The city engineer may require an applicant to provide an off-street loading space having access to a public right-of-way or street. Such loading space shall be of adequate size to accommodate the maximum number and size of vehicles which would be simultaneously loaded or unloaded in connection with the business conducted in such building. No part of a truck or van using the loading space may back up out of or project into the public right-of-way or street.

Each off-street loading space shall measure not less than thirty feet by twelve feet and shall have an unobstructed height of fourteen feet six inches, shall be made permanently available for such purposes, and shall be surfaced, improved and maintained in conformance with approved engineering standards.

Violations of this section shall constitute a Class A nontraffic civil infraction for the first day, Class B for the second day, and a Class C for each sequential day. The fines are applied per BMC § 1.28.030.

Number of Required Off-Street Parking.

Any parking space or driveway that adjoins a public right-of-way must be designed in a manner that accommodates a twenty-foot-long vehicle without the vehicle protruding into the public right-of-way. In no case shall a vehicle be parked in such a manner as to obstruct a sidewalk or other public right-of-way.

No more than fifty percent of the front yard shall consist of an improved surface to be used for the parking or driving of vehicles. An exception shall be made in cases where because of the lot's or parcel's configuration, for instance in a cul-de-sac development, the front yard does not have adequate area to simultaneously comply with the minimum parking requirement prescribed under subsection A of this section and the fifty percent limit described above. In such cases, the fifty percent limit may be exceeded subject to the building official's written approval that specifically allows the additional improved surface or maintained surface within the front yard. Total lot coverage must comply with the requirements of the city zoning ordinance for total lot coverage.

Auxiliary parking spaces and auxiliary driveways must consist of an improved surface, except that any auxiliary parking or auxiliary driveway installed prior to adoption of this chapter may continue to consist of a maintained surface until such time as a new building or a building addition is constructed or permitted for construction on the same lot or parcel.

No more than two vehicles may be parked in the rear yard of a residence unless contained in a legal and fully enclosed structure.

When located behind the front building line, all parked or stored vehicles shall provide at least three feet of clear, unobstructed access between the building wall and the vehicle for fire protection purposes. This requirement is not applicable to vehicles parked within a garage.

Junk vehicles, inoperative vehicles, or vehicles that are inoperable or unused for thirty days or more shall be stored inside a legal and fully enclosed structure.

Motor vehicles shall be parked on an improved surface anywhere on a property, or on a maintained surface.

A vehicle that is parked in a side yard shall be at least three feet away from the structure, and shall allow for at least five feet of clear access on one side or the other between the structure and the property line.

All outdoor stored vehicles must be maintained in a clean and safe manner.

Installation of an improved surface is subject to approval from the director. For conditional uses, low impact development (LID) techniques shall be employed to the maximum extent feasible. LID facilities proposed in any installation shall be designed in accordance with the Puget Sound Partnership and Washington State University Extension Program's Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual), as existing or as amended, and shall take into account site and soil conditions, access and long-term maintenance.

No more than one vehicle access from the public right-of-way to any one parent parcel, except with approval from the director.

Existence of legally nonconforming gravel surfacing in existing designated parking areas may not be a reason for prohibiting utilization of existing space in the parking area to meet parking standards, up to a maximum of six parking spaces.

Parking spaces that consist of grass block pavers may count toward minimum parking requirements.

Existing parking spaces that do not conform to the requirements of this section by the effective date of the ordinance codified in this section are not required to be modified or resized, except for compliance with the Americans with Disabilities Act. Existing paved parking lots are not required to change the size of existing parking spaces during resurfacing if doing so will be more costly or require significant reconfiguration of the parking space locations.

This section applies to non-single-family residential uses with:

Requirements.

Promote the protection, preservation, and use of appropriate native vegetation.

Require landscaped areas to be designed, installed, and maintained in conformance with city standards and procedures.

Establish minimum standards for the design, installation and maintenance of landscaped areas.

Implement and further the goals and policies of the Brier comprehensive plan.

Implement the policies of the Washington State Environmental Policy Act.

Promote site planning and landscaping practices that are consistent with natural topographical, vegetation and hydrological conditions, utilizing low impact development (LID) to the maximum practical extent.

Reduce the long-term negative impacts of stormwater runoff and enhance water quality through implementation of stormwater best management practices (BMPs).

Establish minimum development regulations and construction procedures that will preserve, replace or enhance, to the maximum extent practicable, the natural qualities of lands, wetlands and water bodies.

Provide a means of regulating vegetation of private and public land while minimizing water quality impacts in order to protect public health and safety.

Provide guidance to all who own, design, install, and maintain vegetated areas.

Promote microhabitats in urban areas for the conservation of wildlife by establishing new wildlife habitat and maintaining existing wildlife habitat.

Create larger, more connected plant populations to increase their ability to migrate in response to changes in climate.

Conserve valuable water resources by promoting water efficient landscaping through the use of appropriate native plants which, once established, typically require less water than nonnative species.

Reduce the use of chemical fertilizers and pesticides in landscaping.

Reduce the negative impacts of landscape maintenance on air quality.

Reduce the negative impacts from the use of inappropriate or invasive vegetation.

Reduce the financial costs of landscape maintenance.

Decrease potential landslide, flood and erosion damage to public and private property.

Avoid or abate public nuisances.

Technical manuals, as existing or as amended:

State regulations and policies, as existing or as amended:

The species of plants recommended and preferred to be planted, preserved, replaced or replanted in the public right-of-way and on city-owned property;

Any other plant preservation, protection, and planting standards and procedures that the director deems necessary.

"A" definitions.

"B" definitions.

"C" definitions.

"D" definitions.

"E" definitions. Reserved.

"F" definitions. Reserved.

"G" definitions.

"H" definitions. Reserved.

"I" definitions.

"J" definitions. Reserved.

"K" definitions.

"L" definitions.

"M" definitions.

"N" definitions.

"O" definitions.

"P" definitions.

"Q" definitions. Reserved.

"R" definitions.

"S" definitions.

"T" definitions.

"U" definitions. Reserved.

"V" definitions.

"W" definitions.

"X" definitions. Reserved.

"Y" definitions. Reserved.

"Z" definitions. Reserved.

Actions that require the approval or issuance of a land use or development permit and that are not exempt from this chapter.

Projects involving two thousand square feet or more of new impervious surface, replaced impervious surface or new plus replaced impervious surface.

Projects involving three thousand five hundred square feet or more of land-disturbing activity that will add or replace landscape or native vegetation area.

Projects which contain, are located within one hundred feet of or directly discharge to a critical area with its associated buffer, or a receiving water with a documented water quality, drainage or flooding problem as determined by the director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of an application, or based on information provided or developed during review of a particular application.

Modification of fifty percent or more of a landscape or native growth area in existence prior to the adoption of this ordinance in any one consecutive twelve-month period. The provisions of this chapter shall only apply to the portion of the landscape or native growth area being modified.

Projects involving less than two thousand square feet of new, replaced, or new plus replaced impervious surface or less than three thousand five hundred square feet of land-disturbing activity that are categorically exempt from SEPA.

Community recreational areas.

Noninvasive food plants.

Pastures.

Those portions of cemeteries designated for interment.

Turf grass in stormwater management areas or public right-of-way.

Removal of vegetation, unless located in a critical area.

Routine landscape maintenance activities, including city maintenance within the public right-of-way and on city-owned property.

Removal of vegetation by the city, emergency responders, or public and/or private utilities in situations involving danger to life or property, substantial fire hazards, or interruption of utility services.

Removal of vegetation by the property owner in emergency situations involving immediate danger to life or property, substantial fire hazards, or interruption of utility services.

Installation and maintenance of public utilities, after approval of the route by the director, unless located in a critical area or a publicly owned property.

Within the intersection sight distance triangle.

Within the driveway sight distance triangle.

Within a critical area.

Critical areas delineated and protected per the requirements of BMC Title 18;

Stormwater facilities constructed per the requirements of Chapter 14.04 BMC; and

The area under the drip line of an appropriate tree once mature.

Planting new native trees or plants;

Maintenance of new or existing trees or vegetation;

Removal of diseased, defective or dangerous trees;

Removal of invasive plants;

Enforcement of this chapter, including abatement; and

Educational activities pertaining to the requirements of this chapter.

All proposals which are not exempt under this chapter shall be reviewed by the director and shall comply with the standards, specifications and requirements contained in the BMC. The landscape plan shall only be required for the portion of the property related to the proposal. Applications shall be submitted with a complete application form and attachments as prescribed by the director and with all required fees. The director shall approve, approve with conditions, or deny the permit application.

All applications shall include:

The city may request additional information as needed to allow adequate review of the proposal.

The director shall approve, approve with terms, conditions, or specifications, or deny the landscape plan application based on the criteria of BMC § 17.50.330. Appropriate safeguards may be prescribed to assure compliance with the provisions of the zoning code and the landscape plan as approved, including but not limited to requirement of reasonable assurance devices.

Landscape plans shall expire one hundred eighty days from the date of issuance, or the expiration date of an associated land use or construction permit, whichever is later.

All landscaped areas for publicly owned properties and privately owned properties that are not a single-family use which requires a landscape plan shall have landscaping that is comprised of a minimum of ninety percent appropriate native vegetation. A minimum of seventy-five percent of the landscaped areas shall be made up of evergreen varieties. Landscaping in landscape areas shall consist of trees and live ground cover that, combined with shrubbery, provides at least seventy percent coverage of the landscaped area at maturity. Up to thirty percent of the required landscape area may use nonliving landscape material such as bark or decorative rocks.

All landscaped areas for privately owned single-family residential use properties which require a landscape plan shall have landscaping that is comprised of seventy-five percent appropriate native vegetation. A minimum of fifty percent of the landscaped areas shall be made up of evergreen varieties. Landscaping in landscape areas shall consist of trees and live ground cover that, combined with shrubbery, provides at least seventy percent coverage of the landscaped area at maturity. Up to thirty percent of the required landscape area may use nonliving landscape material such as bark or decorative rocks.

Whether the landscaping requirements of this code have been satisfied;

Whether adequate measures have been taken to protect existing appropriate native plants at the site;

Whether adequate measures have been taken to protect/retain existing rare, threatened or endangered plants at the site;

Whether native plants chosen for the site are appropriate based on the soil, topography, and hydrology of the site;

Whether the landscape plan will not create or contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction;

Whether the landscape plan will not create or contribute to flooding, erosion or increased turbidity, siltation or other forms of pollution in a watercourse; and

Whether the plants selected are diverse.

Plants shall:

Minimum sizes for plants shall be:

All required vegetation shall meet the minimum density and ratio of native and evergreen species for the land use zone it is located in as per BMC § 17.50.240 and § 17.50.250.

Installation of required replacement plants shall comply with the approved plan.

All required vegetation and other required mitigation shall be completed prior to issuance of the certificate of occupancy, if applicable, unless the director determines that seasonal or weather conditions at the time of installation would jeopardize plant survival and the applicant has submitted an alternate planting schedule for approval. The director shall require a performance assurance in case the applicant fails to perform the tasks in the mutually agreed-upon time period specified.

To ensure long-term viability of vegetation, vegetation identified for protection, permit plans and construction activities shall comply with the following:

In addition to the above minimum protection measures, the applicant shall employ the following preventative measures as appropriate, consistent with best management practices for maintaining the health of the tree(s) and/or vegetation:

The applicant shall submit a separate bond, letter of credit or other means of assurance acceptable to the director for each required assurance.

A protection assurance may be required to ensure the installation, maintenance and adequate performance of vegetation protection measures.

A performance assurance may be required to ensure the installation of required vegetation.

Maintenance assurance may be required to ensure the survival of installed trees and/or vegetation.

Assurances provided in accordance with this section may be redeemed in whole and in part by the city upon determination by the director that the applicant has failed to fully comply with approved plans and/or conditions.

The appeal shall be in writing and filed with the city clerk within ten business days of the date of the decision;

The appeal shall describe the error of law or fact, and may identify new evidence which was not reasonably available at the time of the decision;

Upon receipt of a timely appeal, the city clerk shall forward the appeal to the city council, which may either consider the appeal itself or appoint a hearing examiner to consider the appeal. On appeal, the director's decision shall be accorded substantial weight.

An appeal of the city's final decision shall be by petition to the Snohomish County superior court, in accordance with state law.

The director shall have access to any site for which an active permit has been applied or issued to perform on-site review and to ensure compliance with the terms of the permit. Inspections shall be completed prior to removal of any plant material. Upon completion of planting, a final landscaping inspection shall be completed to ensure proper installation.

Whenever there is cause to believe that a violation of this chapter has been or is being committed for which no active permit has been issued, the director is authorized to inspect the site pursuant to BMC § 17.50.360.

If the property or any building or structure on the property is unoccupied, the director shall first make a reasonable effort to locate the owner or other individual(s) having charge or control of the property or portions of the property and request entry.

If, after reasonable effort, the director is unable to locate the owner or other individual(s) having charge or control of the property, and has reason to believe the condition of the trees and/or vegetation creates an imminent hazard to individuals or property, the director or designee may enter the property.

The property owner shall be responsible for ensuring that:

The city may remove vegetation which obstructs or hinders the use of the public right-of-way, city-owned property, or a designated trail without providing notice to the adjacent property owner.

Violators of this chapter shall be notified and served with a notice of violation and order of correction as provided for in BMC § 1.32.050.

Any appeal of the determinations in the notice of violation and order of correction shall follow the appeals process in accordance with provisions of Chapter 1.32 BMC.

Failure to comply with the notice of violation and order of correction shall constitute a nontraffic civil infraction and shall be punished in accordance with the provisions of BMC § 1.28.030. The first offense for a violation of this chapter shall constitute a Class C nontraffic civil infraction. The continued failure to abate after the issuance of a Class C nontraffic civil infraction shall constitute a misdemeanor.

Repeat offenses as defined in BMC § 1.32.010 of the violation any provision of this chapter shall be a misdemeanor which shall be punished in accordance with the provisions of BMC § 1.28.030(A). Repeat violations shall not require a notice of violation and order of correction before the issuance of a misdemeanor citation.

Protect, retain and govern the removal, maintenance, and replacement of trees.

Implement and further the goals and policies of the Brier comprehensive plan.

Implement the policies of the Washington State Environmental Policy Act.

Promote tree retention, maintenance, and planning practices that are consistent with natural topographical, vegetation and hydrological conditions.

Reduce the long-term negative impacts of stormwater runoff and enhance water quality through implementation of stormwater best management practices (BMPs) related to trees.

Provide a means of regulating trees on private and public land while minimizing water quality impacts in order to protect public health and safety.

Provide guidance to all who own, install and maintain trees.

Conserve valuable water resources by promoting water efficient landscaping through the use of appropriate native trees which, once established, typically require less water than nonnative species.

Reduce the negative impacts from the use of inappropriate or invasive trees.

Decrease potential landslide, flood and erosion damage to public and private property.

Avoid or abate public nuisances.

Technical manuals, as existing or as amended:

State regulations and policies, as existing or as amended:

The species of trees recommended and preferred to be planted, preserved, replaced, or replanted in the public right-of-way and on city-owned property;

Any other tree preservation, protection, and planting standards and procedures that the director deems necessary.

"A" definitions.

"B" definitions.

"C" definitions.

"D" definitions.

"E" definitions. Reserved.

"F" definitions. Reserved.

"G" definitions.

"H" definitions. Reserved.

"I" definitions. Reserved.

"J" definitions. Reserved.

"K" definitions.

"L" definitions.

"M" definitions.

"N" definitions.

"O" definitions. Reserved.

"P" definitions.

"Q" definitions. Reserved.

"R" definitions.

"S" definitions.

"T" definitions.

"U" definitions. Reserved.

"V" definitions.

"W" definitions.

"X" definitions. Reserved.

"Y" definitions. Reserved.

"Z" definitions. Reserved.

Community recreational areas.

Pastures.

Those portions of cemeteries designated for interment.

Removal of nonsignificant trees, unless located in a critical area.

Removal of damaged, diseased, or defective trees, unless located in a critical area. The condition of the tree(s) shall be documented by an arborist prior to removal.

Routine landscape maintenance activities, including city maintenance within the public right-of-way and on city-owned property.

Removal of trees by the city, emergency responders, or public and/or private utilities in situations involving danger to life or property, substantial fire hazards or interruption of utility services.

Removal of trees by the property owner in emergency situations involving immediate danger to life or property, substantial fire hazards or interruption of utility services.

Installation and maintenance of public utilities, after approval of the route by the director, unless located in a critical area or a publicly owned property.

Minor tree removal permits are required when five or fewer significant trees are proposed for removal from a property within a forty-eight-month period, unless the proposal would require a major tree removal permit per BMC § 17.52.120.

Applications shall be submitted with a complete application form as prescribed by the director and with all required fees. All applications shall include the following:

The city may request additional information as needed to allow adequate review of the proposal.

The director shall approve, approve with terms, conditions, or specifications, or deny the minor tree removal permit application.

Minor tree removal permits expire sixty days from issuance.

Major tree removal permits are required if:

Applications shall be submitted with a complete application form as prescribed by the director and with all required fees. All applications shall include a written statement of the reason for the removal, shall include a tree removal and replacement (if required) plan drawn to scale by a landscape professional, and shall show the following:

The city may request additional information as needed to allow adequate review of the proposal.

The director shall approve, approve with terms, conditions or specifications, or deny the major tree removal permit application. Appropriate safeguards may be prescribed to assure compliance with the provisions of the zoning code and the permit as approved, including but not limited to the requirement of reasonable assurance devices.

Major tree removal permits expire ninety days from the date of issuance or the expiration date of an associated land use or development permit.

Whether the requirements of this chapter have been satisfied;

Whether the trees proposed for removal are necessary for the project;

Whether trees are located within twenty feet of existing or proposed improvements including buildings, patios, and driveway;

Whether adequate measures have been taken to protect/retain existing trees at the site, including but not limited to significant, required, rare, threatened or endangered trees;

Whether the native trees chosen for the site are appropriate based on the soil, topography and hydrology of the site;

Whether the tree retention, removal and replacement plan will create or contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction; and

Whether the tree retention, removal and replacement plan will create or contribute to flooding, erosion or increased turbidity, siltation or other forms of pollution in a watercourse.

Any significant or required tree to be removed as part of a major tree removal permit shall be replaced by a minimum two-to-one ratio of replacement trees to removed trees.

Replacement shall not be required when:

Replacement trees shall be planted on the site from which significant trees are removed unless the director accepts one or more of the alternatives set forth in this section.

When complete on-site replacement cannot be achieved, or is considered not practical, the director may consider the following alternatives:

Replacement trees shall:

Minimum sizes and requirements for replacement trees shall be as follows:

Installation of required replacement trees shall comply with the approved plan.

All required tree replacement and other required mitigation shall be completed prior to issuance of the certificate of occupancy, if applicable, unless the director determines that seasonal or weather conditions at the time of installation would jeopardize tree survival and the applicant has submitted an alternate planting schedule for approval. The director shall require a performance assurance in case the applicant fails to perform the tasks in the mutually agreed-upon time period specified.

To ensure long-term viability of trees and tree stands identified for protection, permit plans and construction activities shall comply with the following:

In addition to the above minimum protection measures, the applicant shall employ the following preventative measures as appropriate, consistent with best management practices for maintaining the health of the tree(s):

The applicant shall submit a separate bond, letter of credit or other means of assurance acceptable to the director for each required assurance.

The director may require a protection assurance to ensure the installation, upkeep and adequate function of tree protection measures for major tree removal permits.

A performance assurance may be required to ensure the installation of required trees.

A maintenance assurance may be required to ensure the survival of protected and installed trees.

Assurances provided in accordance with this section may be redeemed in whole and in part by the city upon determination by the director that the applicant has failed to fully comply with approved plans and/or conditions.

The appeal shall be in writing and filed with the city clerk within ten business days of the date of the decision;

The appeal shall describe the error of law or fact, and may identify new evidence which was not reasonably available at the time of the decision;

Upon receipt of a timely appeal, the city clerk shall forward the appeal to the city council, which may either consider the appeal itself or appoint a hearing examiner to consider the appeal. On appeal, the director's decision shall be accorded substantial weight.

Any appeal of the city's final decision shall be by petition to the Snohomish County superior court, in accordance with state law.

The director shall have access to any site for which an active permit has been applied or issued to perform on-site review and to ensure compliance with the terms of the permit. Inspections shall be completed prior to removal of any trees. Upon completion of planting, a final tree inspection shall be completed to ensure proper installation.

Whenever there is cause to believe that a violation of this chapter has been or is being committed for which no active permit has been issued, the director is authorized to inspect the site pursuant to BMC § 17.52.190.

If the property or any building or structure on the property is unoccupied, the director shall first make a reasonable effort to locate the owner or other individual(s) having charge or control of the property or portions of the property and request entry.

If, after reasonable effort, the director is unable to locate the owner or other individual(s) having charge or control of the property, and has reason to believe the condition of the trees creates an imminent hazard to individuals or property, the director or designee may enter the property.

The property owner shall be responsible for ensuring that:

The city may remove trees which obstruct or hinder the use of the public right-of-way, city-owned property, or a designated trail without providing notice to the adjacent property owner.

Protected, required and significant trees shall not be topped.

Excessive pruning does not occur, unless recommended by an arborist in order to protect life and property.

Violators of this chapter shall be notified and served with a notice of violation and order of correction as provided for in BMC § 1.32.050.

Any appeal of the determinations in the notice of violation and order of correction shall follow the appeals process in accordance with provisions of Chapter 1.32 BMC.

Failure to comply with the notice of violation and order of correction shall constitute a nontraffic civil infraction and shall be punished in accordance with the provisions of BMC § 1.28.030. The first offense for a violation of this chapter shall constitute a Class C nontraffic civil infraction. The continued failure to abate after the issuance of a Class C nontraffic civil infraction shall constitute a misdemeanor.

Repeat offenses as defined in BMC § 1.32.010 of the violation of any provision of this chapter shall be a misdemeanor which shall be punished in accordance with the provisions BMC § 1.28.030(A). Repeat violations shall not require a notice of violation and order of correction before the issuance of a misdemeanor citation.