A. 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:

1. Balance the right of individuals to identify their in-city businesses and convey their messages and the right of the public to be protected against the unrestricted proliferation of signs;

2. Further the objectives of the comprehensive plan;

3. Protect the public health, safety, and welfare;

4. Reduce traffic hazards;

5. Facilitate the creation of an attractive and harmonious community;

6. Protect property values;

7. Preserve the right of free speech exercised through the use of signs containing noncommercial messages;

8. Provide review procedures that assure that signs are consistent with the city’s objectives and within the city’s capability to efficiently administer the regulations;

9. Prohibit all signs not expressly permitted by this chapter.

B. The intent of this chapter is to:

1. Enhance the appearance and economic value of the visual environment by regulation and controlling the type, location, and physical dimensions of signs and sign structures;

2. Preserve locally recognized values of community appearance and safeguard and enhance property values;

3. Reduce hazards that result from signs that obscure or distract the vision of motorists, bicyclists, and pedestrians;

4. Recognize that signs are a useful means of visual display for the convenience of the public and for the efficient communications of commercial and noncommercial speech; and

5. Allow flexibility in the size, type and location of signs identifying the use and location of large facilities. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

“A-board sign” means a freestanding temporary sign with no moving parts or lights, comprised of two sign boards with each sign board measuring no larger than twenty-four inches wide by thirty-six inches high.

“Commercial sign” means a sign which identifies, advertises, or directs attention to a business or is intended to induce a purchase of a good, property, or service, including, without limitation, any sign naming a brand of good or service and any sign which is not a noncommercial sign.

For the purposes of this chapter, “institutional” means properties used for nonresidential or business use located within the R-12,500 zone including but not limited to libraries, schools, fire stations, and churches.

“Noncommercial sign” means a sign with the purpose of conveying opinions or commentary in the marketplace of ideas and values, including but not limited to topics such as politics, sports, religion, policy, etc. “Noncommercial sign” means a sign which in no way identifies, advertises, or directs attention to a business or is intended to induce a purchase of a good, property, or service, or portrays or symbolizes a good, property, or service, especially, but, without limitation, a brand or trade name, an identifiable container shape, or a trademark, within one thousand feet from a point of commercial solicitation, sale, or distribution of such good, property, or service.

For the purposes of this chapter, “public” means facilities owned and operated by the city of Brier including but not limited to city buildings, parks, and recreational areas.

For purposes of this chapter, a “sign” is any publicly displayed notice, object, or device containing letters, figures and/or other means of communication or part thereof, situated outdoors or indoors, of which the effect produced is to advertise, announce, communicate, identify, declare, demonstrate, direct, display and/or instruct potential users of a use, product and/or service, whether advertising a business, the sale or lease of property, home occupation, a political candidate or issue, or any event, or the giving of directions or location, or any such similar purpose. (Ord. 453 § 2(Exh. A)(part), 2018)

The following signs are prohibited in all zones: signs mounted on trailers, or other permanent signs which are constructed to be moved; signs with exposed braces and guy wires. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 321 § 1(part), 2005)

No sign shall, in any way, obstruct the vision of a motorist entering or leaving a driveway or traveled portions of the public right-of-way. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

No sign may be artificially lighted unless located within a neighborhood business or cemetery use area, or upon institutional property or public property in connection with a public facility. Artificially lighted signs must be nonflashing with no movement or simulated movement. Text shall change at a rate of three seconds or slower. Lighted signs shall be located as to not produce glare on neighboring properties nor to interfere in any way with traffic signals or traffic signs. Signs may be attached to a building provided the sign shall not protrude above the roof of a flat roofed building or tallest side wall of buildings with a sloped roof if placed on the side wall. When installed in the gable end of the building the sign shall not project above the peak of the gable. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

Repealed by Ord. 453. (Ord. 20.W § 17(part), 2001)

A. 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.

B. 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. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

Repealed by Ord. 453. (Ord. 20.W § 17(part), 2001)

Every residential property may have six square feet of noncommercial signage per property.

Every residential subdivision may have one sign at each main entrance. The sign shall not exceed twenty square feet in size on each sign face and shall be placed on the premises. Such signs may be mounted on decorative supporting structures for which the combination of supporting structure and sign shall not exceed fifty square feet in total area and five feet in height above ground level.

Signs on properties with institutional uses in a residential zone shall not exceed twenty square feet in size on each sign face and shall be placed on the premises. Such signs may be mounted on decorative supporting structures for which the combination of supporting structure and sign shall not exceed fifty square feet in total area and five feet in height above ground level. Signs consisting of multiple individual letters mounted or painted on a structure shall be considered one sign but when combined shall not exceed twenty square feet in size. Signs may be attached to a building provided the sign shall not protrude above the roof of a flat roofed building or tallest side wall of buildings with a sloped roof if placed on the side wall. When installed in the gable end of the building the sign shall not project above the peak of the gable. If two or more signs are used on a property, the total area of signs shall not exceed twenty square feet, or fifty square feet if a supporting structure is used. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

Neighborhood businesses may place signs on the premises of the business. Each business is allowed one A-board sign that may be located in the right-of-way directly adjacent to the business.

No sign in a neighborhood business zone shall exceed thirty square feet in size on each sign face, or exceed five feet in height above ground level, except when the sign is attached/painted on the building, in which case the sign shall not protrude above the roof of a flat roofed building or tallest side wall of buildings with a sloped roof if placed on the side wall. When installed in the gable end of the building the sign shall not project above the peak of the gable. If two or more signs are used, the total area for all of the signs shall not exceed thirty square feet. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

Repealed by Ord. 453. (Ord. 20.W § 17(part), 2001)

No sign in a cemetery use zone shall under any circumstances exceed thirty square feet in size on each sign face, or exceed five feet in height above ground level, except when the sign is attached to a building, in which case the sign shall not protrude above the roof or tallest side wall of the building if placed on the side wall. When installed in the gable end of the building the sign shall not project above the peak of the gable. If two or more signs are used, the total area for all of the signs shall not exceed thirty square feet. For the purpose of this chapter, headstones, plaques and other engravings that note the location of burial or entombment sites are exempt from this code. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

Signs placed prior to the effective date of the ordinance codified in this chapter, which are in compliance as of said date may be permitted to remain; provided, however, no enlargement, reconstruction, replacement or other alteration of said sign shall be allowed without first meeting the requirements in this chapter. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

Any request for a variance from the terms and conditions of this division shall be processed as a variance from the applicable zoning code requirements. Applications and fees for variances shall be on the same forms as used for other variances. In reviewing and granting any such variance, conditions including an expiration date, may be imposed as a term and condition of approval. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

The following activities and uses are exempt from this chapter:

A. 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.

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

C. 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. (Ord. 453 § 1(Exh. A)(part), 2018: Ord. 20.W § 17(part), 2001)

All signs in violation or nonconforming to the regulations as stated herein shall be abated within twenty-four hours of notification to the owners of such signs if known or located. If unknown or the city is unable to locate the owner, the city shall remove and impound any nonconforming sign. Any sign impounded will be held for seventy-two hours, after which time the signs may be destroyed. If impounded signs are claimed by the owner, a nontraffic civil infraction shall be issued, the penalty for which shall be as set in Chapter 1.28 BMC. The civil infraction shall be a Class A civil infraction for the first offense, a Class B civil infraction for a second offense, and a Class C civil infraction for a third offense. Failure to respond to any civil infraction and subsequent violations shall constitute a misdemeanor and may be prosecuted as such, and shall be subject to the general fines and penalties as established for violation misdemeanors in this code. (Ord. 453 § 2(Exh. A)(part), 2018)

If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word in this code is declared invalid, such invalidity shall not affect the validity or enforceability of the remaining portion of the code. (Ord. 453 § 2(Exh. A)(part), 2018)

See BMC 17.04.040. (Ord. 392 § 1(Exh. A)(part), 2012)

The purpose of this chapter is to provide for appropriate locations, site development standards, and permit requirements for wireless communications facilities. (Ord. 392 § 1(Exh. A)(part), 2012)

The following are exempt from the provisions of this chapter and shall be permitted in all zones unless otherwise regulated by this title:

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

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

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

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

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

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

G. Ancillary antennas allowed by franchise agreement with the city;

H. 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;

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

J. 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;

K. 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. (Ord. 392 § 1(Exh. A)(part), 2012)

Personal wireless communication facilities may be located within an existing regional utility corridor or within or on public right-of-way and public property in accordance with the regulations set forth in this chapter. (Ord. 392 § 1(Exh. A)(part), 2012)

A conditional use permit is required to install a PWCF using the procedures set forth in BMC 17.36.050. In addition to the information requested for the conditional use permit application, the following items shall be required for a PWCF application:

A. 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.

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

C. 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.

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

E. 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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

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

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

M. 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.

N. 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.

O. 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.

P. 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.

Q. 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.

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

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

T. 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. (Ord. 392 § 1(Exh. A)(part), 2012)

If a permittee proposes any modifications to any conditional use permit after said permit is granted, the permittee shall submit an application to the planning department for consideration; provided, however, that the city need not accept and/or process said application unless and until the permittee (A) demonstrates the existing personal wireless telecommunications facility’s compliance with all applicable local requirements; and (B) certifies that the existing personal wireless telecommunications facility complies with all applicable state and federal requirements. If a modification does not enlarge the facility more than ten percent over the life of the project, the director may administratively review and approve or deny the modification. A modification that enlarges the facility more than ten percent requires the issuance of a new wireless conditional use permit. (Ord. 392 § 1(Exh. A)(part), 2012)

A. 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:

B. Compliance with applicable radio frequency emission standards;

C. Height analysis;

D. Configuration;

E. The appropriateness of granting any requested exceptions;

F. The accuracy and completeness of submissions;

G. The applicability of analysis techniques and methodologies;

H. The validity of conclusions reached; and

I. Any specific technical issues designated by the city. (Ord. 392 § 1(Exh. A)(part), 2012)

Prior to issuance of a permit, the planning director shall make all of the following findings:

A. All notification requirements have been met;

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

C. 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;

D. 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;

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

F. 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;

G. 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. (Ord. 392 § 1(Exh. A)(part), 2012)

The director shall impose such further conditions of approval of the conditional use permit as are necessary to minimize environmental, aesthetic, and public safety impacts, which conditions include, but are not limited to, requirements that:

A. 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);

B. 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. (Ord. 392 § 1(Exh. A)(part), 2012)

The planning director may require a reconsideration of the permit, by the original approval authority, at the end of a specified time period from the date of the original approval, which reconsideration shall take account of at least the following factors: conformance with all conditions of approval, operation of the facility in its intended manner, and conformance with all applicable laws, regulations, standards and updates thereof, including radio frequency emissions, toxic or hazardous materials. (Ord. 392 § 1(Exh. A)(part), 2012)

At the end of construction, use of the personal wireless communications facility shall not commence unless and until the planning director has signed off on the as-built work as being compliant with all laws, ordinances, regulations, requirements and conditions of the conditional use permit. (Ord. 392 § 1(Exh. A)(part), 2012)

A. 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.

B. 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:

1. For structure-mounted installations excluding monopole installations:

a. All antenna panels and accessory wireless equipment components mounted on the exterior of the structure shall be painted or otherwise coated to match the predominant color of the mounting structure.

b. When required by the planning director, antenna panels shall be located and arranged on the structure so as to replicate the installation and appearance of the equipment already mounted to the structure.

c. Personal wireless communications facility installations located above the surface grade in the public right-of-way including, but not limited to, those on certain streetlights, traffic signal standards, or utility poles, shall consist of small equipment components that are compatible in scale and proportion to the streetlights and traffic signals they are mounted on. Equipment shall be painted or otherwise coated to be visually compatible with lighting and signal equipment and shall be subject to the issuance of a license or other special form or written authorization by the city. Underground vaults shall employ flush-to-grade access portals and vents. Installations on streetlights and other city-owned public facilities shall be subject to applicable administrative and rental fees as adopted by resolution of the city council.

2. For monopole installations:

a. Monopole installations shall be situated so as to utilize existing natural or manmade features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

b. All antenna components and accessory wireless equipment shall be treated with exterior coatings of a color and texture to match the predominant visual background and/or adjacent architecture so as to visually blend in with the surrounding development. Subdued colors and nonreflective materials that blend with surrounding materials and colors shall be used.

c. The planning director may require additional measures designed to camouflage a personal wireless communications facility, including, but not limited to, enclosing the monopole entirely within a vertical screening structure (suitable architectural feature such as a clock tower, bell tower, icon sign, lighthouse, windmill, etc.) may be required through the permit process. All facility components, including antennas, shall be mounted inside said structure.

d. The camouflage design techniques employed shall result in an installation that either will blend in with the predominant visual backdrop or will disguise the facility so it appears to be a decorative or attractive architectural feature. If camouflage design techniques for monopoles do not substantially hide or prevent direct viewing of the facility, then the permit may be denied.

3. For miscellaneous installations:

a. A monorock and/or monoshrub installation will be considered properly screened; provided, that it is located in a setting that is compatible with the proposed screening method. For a monoshrub, other vegetation comparable to that replicated in the proposed screen shall be prevalent in the immediate vicinity of the personal wireless communications facility site and the addition of new comparable living vegetation may be necessary to enhance the monoshrub screen. For a monorock, the proposed screen shall match in scale and color other rock outcroppings in the general vicinity of the proposed site. A monorock screen may not be considered appropriate in areas that do not have natural rock outcroppings.

b. Antennas co-located on an approved or existing personal wireless communications facility shall use screening methods and be mounted in the same manner with the same camouflage design techniques as the approved or existing personal wireless communications facility.

c. Temporary antenna installations may in the discretion of the planning director require screening to reduce visual impacts depending on the duration of the permit and the setting of the proposed site.

4. For accessory wireless equipment. No accessory wireless equipment associated with the operation of any wireless telecommunications facilities shall impair pedestrian use of sidewalks or other pedestrian pathways, nor inhibit equestrian activities on designated public or private trail systems. Accessory wireless equipment shall be screened from the sidewalk by landscaping, undergrounding or other means. The following is a menu of potential screening techniques that should be utilized based on the type of installation:

a. Accessory wireless equipment for freestanding wireless telecommunications facilities, not mounted on a building, shall be placed in an underground vault if reasonably feasible. Where placing such personal wireless communications facilities accessory equipment in an underground vault is not reasonably feasible, such personal wireless communications facilities accessory equipment shall be visually screened through the use of walls, landscaping, or walls combined with landscaping. All wall and landscaping materials shall be selected so that the resulting screening will be visually integrated with the architecture and landscape architecture of the surroundings.

b. All accessory wireless equipment shall be placed and mounted in the least visually obtrusive feasible location.

c. All accessory wireless equipment shall be painted or textured using colors to match or blend with the primary background. All equipment cabinets visible to the public shall be treated with a graffiti-resistant coating.

C. 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.

D. 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.

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

F. 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.

G. 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.

H. Maintenance.

1. All graffiti on any components of the personal wireless communications facility shall be removed promptly in accordance with city regulations. Graffiti on any facility in the public right-of-way must be removed within forty-eight hours of notification.

2. All landscaping attendant to the personal wireless communications facility shall be maintained at all times and shall be promptly replaced if not successful.

3. If a flagpole is used for camouflaging a personal wireless communications facility, flags shall be flown and shall be properly maintained at all times. The use of the United States flag is subject to the provisions of the United States Flag Code, 4 U.S.C. 6 et seq.

4. All personal wireless communications facility sites shall be kept clean and free of litter.

5. All equipment cabinets shall display a legible sign clearly identifying the addresses, email contact information, and twenty-four-hour local or toll-free contact telephone numbers for both the permittee and the agent responsible for the maintenance of the personal wireless communications facility. 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.

I. 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. (Ord. 392 § 1(Exh. A)(part), 2012)

Any personal wireless communications facility that is lawfully constructed, erected, or approved prior to adoption of the ordinance codified in this chapter, in compliance with all applicable laws, and which facility does not conform to the requirements of this chapter shall be accepted and allowed as a legal nonconforming facility. Legal nonconforming facilities shall comply at all times with the laws, ordinances, and regulations in effect at the time the application was deemed complete, and any applicable federal and state laws as they may be amended or enacted, and shall at all times comply with any conditions of approval. Any legal nonconforming personal wireless communications facility that fails to comply with applicable laws, ordinances, regulations, or the conditions of approval; increases or expands the use of the personal wireless communications facility; or ceases use of the personal wireless communications facility for more than ninety days shall become an illegal nonconforming personal wireless communications facility and shall be subject to revocation of its personal wireless communications facility permit as set forth in this chapter. (Ord. 392 § 1(Exh. A)(part), 2012)

Violations of any conditions in this chapter shall be subject to enforcement. Failure to comply with any condition of approval or standards in this chapter shall constitute grounds for revocation of the permit, subject first to written notice and an opportunity to abate. The planning director 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 he or she 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 abate. 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 property affected by the placement, maintenance, and removal of the personal wireless communications facility to a condition satisfactory to the planning director. (Ord. 392 § 1(Exh. A)(part), 2012)

A. 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.

B. 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.

C. 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. (Ord. 392 § 1(Exh. A)(part), 2012)

Permittee shall modify, remove, or relocate its personal wireless communications facility, or portion thereof, without cost or expense to city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other city underground or above ground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said modification, removal, or relocation of a personal wireless communications facility shall be completed within ninety days of notification by the city unless exigencies dictate a shorter period for removal or relocation. In the event a personal wireless communications facility is not modified, removed, or relocated within said period of time, the city may cause the same to be done at the sole expense of permittee. Further, in the event of an emergency, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter. (Ord. 392 § 1(Exh. A)(part), 2012)

A. 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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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. (Ord. 392 § 1(Exh. A)(part), 2012)

A. 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.

B. 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. (Ord. 392 § 1(Exh. A)(part), 2012)

A. 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.

B. 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.

C. 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. (Ord. 392 § 1(Exh. A)(part), 2012)

Permittee shall not assign or transfer any interest in its personal wireless communications facility permit without the prior written consent of the city. (Ord. 392 § 1(Exh. A)(part), 2012)

The comprehensive plan of the city of Brier, adopted pursuant to Chapter 36.70A RCW (also known as the Growth Management Act, “GMA”), is that plan, entitled “City of Brier Comprehensive Plan,” adopted April 26, 1994, by Ordinance No. 213. The comprehensive plan includes all subsequent amendments. The plan, including all amendments, is hereby incorporated by reference into the Brier Municipal Code. (Ord. 359 § 1(Exh. A), 2008)

The purpose of this chapter is to establish procedures for amending the comprehensive plan. The Growth Management Act allows amendments to comprehensive plans only once per year, except in specified unique or emergency situations. The comprehensive plan amendment process set forth in this chapter requires the city to compile and process a list of proposed amendments to the comprehensive plan. This proposed amendments list will be derived from two sources. First, suggested amendments will be received from citizens, property owners, project proponents, staff, the planning commission, city council or other agencies. This chapter establishes a process to determine which of these suggested amendments will be placed on the proposed amendments list. Second, the city will receive applications for specific project-related or site-specific amendments to the comprehensive plan. Such applications shall be automatically placed on the proposed amendments list. (Ord. 359 § 2(Exh. B)(part), 2008)

Except as provided in BMC 17.44.030:

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

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

C. 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. (Ord. 359 § 2(Exh. B)(part), 2008)

In addition to the annual amendment process, the city council may amend the comprehensive plan in any of the following circumstances:

A. 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.

B. 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.

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

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

Determination of an exception to the annual amendment process shall be made by the city council after recommendation by the planning commission. Proposed comprehensive plan amendments which are reviewed outside the annual amendment process shall be processed according to BMC 17.44.050, 17.44.060, and 17.44.070. (Ord. 359 § 2(Exh. B)(part), 2008)

A. 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.

B. Public Participation Process – Suggested Amendments.

1. The annual amendment process shall generally follow the citizen involvement program contained in the introduction element of the comprehensive plan and shall provide for early and continuous public involvement with broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provisions for open discussion, communication programs, information services, and consideration and response to public comments.

2. The deadline for receipt of suggested plan amendments shall be five p.m. on March 31st of each year, or the nearest working day if March 31st falls on a weekend.

3. General public notice shall be given at least sixty days prior to the application deadline to inform the public of the annual plan amendment process, the deadline for plan amendment suggestions and applications and how to obtain additional information.

C. Planning Commission and City Council Review.

1. Immediately following the March 31st deadline for suggested amendments, the director of community development shall recommend a list of suggested amendments for inclusion on the proposed amendments list for processing. The director shall base the recommendation on a preliminary evaluation of the need, urgency, and appropriateness of the suggested plan amendments, and the criteria set forth in the implementation element of the comprehensive plan.

2. The city council shall then do a preliminary review, hold a public hearing and decide about further review of proposed amendments. The city council may decide to not consider further a particular amendment.

3. The city council’s recommendation, and a brief description of each suggested plan amendment, shall be forwarded to the planning commission for review and consideration. The planning commission shall hold a public hearing to listen to comments from the public and other boards or commissions on any or all of the suggested amendments and to consider any additional suggestions for inclusion on the proposed amendments list that may be offered. The planning commission’s recommended proposed amendments list shall then be finalized and forwarded to the city council. The commission shall base its recommendations on its preliminary evaluation of the need, urgency and appropriateness of all the suggested plan amendments, and the criteria set forth in the implementation element of the comprehensive plan.

4. The city council shall consider the planning commission’s recommendations and determine which items shall be included in the final annual amendment process. The city council shall base this decision on the same criteria used by the planning commission.

5. The proposed amendments will then be sent to the state for their sixty-day review.

6. The city council will then hold a public hearing on the final amendments taking into account input from the state and the public prior to making a decision on which amendments are to be adopted.

7. The approved amendments are then to be incorporated into the comprehensive plan. (Ord. 359 § 2(Exh. B)(part), 2008)

The city will review a formal application for a specific project-related or site-specific comprehensive plan amendment filed by proponents of land development projects, property owners, citizens, hearing examiner, other agencies or other interested persons.

Applications for plan amendments shall be processed as follows:

A. Application Submittal Requirements. The applicant shall:

1. Deposit funds or post bond for required fees and costs as set forth in Resolution No. 505;

2. Complete required submittal documents on forms of the community development department, that include at a minimum:

a. Name and address of applicant;

b. Description of proposed plan amendment and associated development proposals (if applicable). Project-related amendments shall include plans, information and/or studies that accurately depict existing and proposed use(s) and improvements. Proposed plan amendments that do not specify proposed use(s) and potential impacts will be assumed to have maximum impact to the environment, and public facilities and services;

c. Map (if appropriate) showing area affected by proposed plan amendment;

d. Narrative evaluation showing how the amendment and associated development proposals (if any):

i. Promote the public health, safety, and welfare;

ii. Are consistent, or in conflict with, or otherwise related to the criteria in the implementation element of the comprehensive plan;

iii. Comply with the GMA; and

iv. Address potential impact and proposed mitigation relating to the environment, and public facilities and services;

3. The community development director may request the applicant submit additional information that in the director’s opinion is reasonably necessary and appropriate for review of the proposed amendment.

B. 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. (Ord. 359 § 2(Exh. B)(part), 2008)

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

B. 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.

C. 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. (Ord. 359 § 2(Exh. B)(part), 2008)

Criteria to be used in the review and approval of plan amendment requests are contained in the implementation section, BMC 17.44.050(A)(2)(d). (Ord. 359 § 2(Exh. B)(part), 2008)

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 359 § 2(Exh. B)(part), 2008)

The following definitions apply to this chapter:

A. “Alley lot” means a lot or parcel that has a property line bordered by an alley.

B. “Auxiliary parking” or “auxiliary driveway” means any area excluding the required minimum improved surfaces for parking or driveways that provides for the parking or driving of vehicles.

C. Repealed by Ord. 421.

D. “Corner lot” means a lot or parcel abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than one hundred thirty-five degrees.

E. “Director” means the city’s mayor or designee.

F. “Front yard” means the area between a lot’s or parcel’s property line that is adjacent to the street and the required building setback line, except that corner lots shall be considered to have only one front yard as measured from the street on which the lot or parcel takes or is expected to take its address.

G. “Garage” means a freestanding building, or a portion of a building, that has been legally permitted and constructed to provide vehicle storage, having three walls, a roof and a closable garage door.

H. “Improved public right-of-way” means a public right-of-way that has an improved surface.

I. “Inoperative vehicle” means a vehicle that cannot be operated or towed behind a vehicle on a public street due to the condition of the vehicle or the status of the ownership, registration, or license of the vehicle.

J. “Improved surface” means an area that is covered by a permanent hard surface, including concrete, asphalt, or pavers in accordance with the city’s engineering standards, or any combination of materials with pervious features, such as ribbon driveways, that have been permitted by the director as a functionally equivalent hard surface.

K. “Junk vehicle” means a vehicle having at least three of the following characteristics:

1. Has vehicle registration tabs that have expired for more than two years;

2. Is extensively damaged or requires repair equal to or in excess of the fair market value of the vehicle;

3. Has a fair market value equal to the approximate value of the scrap in it;

4. Is hazardous or a nuisance due to damage, broken glass or exposure to the elements.

L. “Maintained surface” means a surface that consists of gravel material contained in a defined area of the property without spilling into the street, sidewalk, or adjoining property and that has no more than fifty percent of its surface area comprised of exposed soil or plant material, unless the surface has otherwise been permitted by the director as an improved surface.

M. “Motor vehicle” means any car, truck, van or motorcycle used for the transportation of passengers, but not including recreational or utility vehicles.

N. “Recreational or utility vehicle” means a vehicular-type unit primarily designed for recreation, camping, travel, or hauling, which has its own motor power or is typically mounted on or towed by another vehicle, including but not limited to: motor homes, campers, travel trailers, boats over fourteen feet in length, horse trailers, and utility trailers.

O. “Residential zone” means a residential use district or a single-family zone under the city zoning ordinance.

P. “Unimproved surface” means a soil and/or planted surface.

Q. “Vehicles” means motor vehicles and/or recreational or utility vehicles, unless described otherwise in this chapter. (Ord. 503 § 2 (Exh. A), 2025; Ord. 442 § 7 (Exh. G) (part), 2016: Ord. 421 § 1, 2015; Ord. 406 § 1(Exh. A(part)), 2012: Ord. 400 § 1(Exh. A(part)), 2012)

In a residential zone, any number of recreational or utility vehicles may be parked within a garage. Recreational or utility vehicles outside of a garage in a residential zone shall be parked in compliance with all applicable codes and regulations, including the following:

A. 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.

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

1. Where an existing maintained surface was constructed prior to adoption of this chapter, the recreational or utility vehicle may park on the existing maintained surface.

2. Where a recreational or utility vehicle is legally parked in a rear or side yard, it may be parked on either an improved surface, a maintained surface or an unimproved surface that is mowed and tended to.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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. (Ord. 503 § 2 (Exh. A), 2025; Ord. 442 § 7 (Exh. G) (part), 2016: Ord. 406 § 1(Exh. A(part)), 2012: Ord. 400 § 1(Exh. A(part)), 2012)

A. 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.

B. Exceptions to this requirement are:

1. Fire trucks, emergency squads, and other similar vehicles that are considered essential for the public safety;

2. School district vehicles, public transportation vehicles;

3. Personal farm vehicles not for hire (small tractors, riding lawnmowers and other such vehicles);

4. Public utility vehicles;

5. The provisions of this section shall not apply to commercial vehicles which are being loaded or unloaded; and

6. One commercial vehicle per dwelling lot if the commercial vehicle is:

a. Less than nineteen thousand five hundred one pounds manufactured gross vehicle weight;

b. Less than twenty-five feet long;

c. Less than ten feet in height.

C. 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.

D. 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.

E. 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. (Ord. 442 § 7 (Exh. G) (part), 2016: Ord. 421 §§ 2, 3, 2015; Ord. 406 § 1(Exh. A(part)), 2012: Ord. 400 § 1(Exh. A(part)), 2012)

A. Number of Required Off-Street Parking.

1. The minimum required and maximum permitted number of off-street parking spaces for each residential land use is as follows:

2. The maximum allowed parking spaces per parent lot shall not exceed eight total parking spaces.

3. The area included in a garage may satisfy the requirement for required off-street parking spaces, but garages and carports are not required as a way to meet the minimum parking requirements.

4. Parking spaces that count towards minimum parking requirements may be enclosed or unenclosed.

5. All required off-street parking spaces shall be on an improved surface. The requirement for an improved surface shall be enforced in conjunction with property improvements and nonconformance requirements under BMC 17.08.040.

6. All required off-street parking space dimensions for residential uses shall meet the requirements for nonresidential uses contained in BMC 17.48.045(B)(3).

7. Parking spaces in tandem may count towards meeting minimum marking requirements at a rate of one space for every twenty linear feet. For this section only, “tandem” is defined as having two or more vehicles, one in front of or behind the other with a single means of ingress and egress.

B. 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.

C. 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.

D. 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.

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

F. 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.

G. 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.

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

I. 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.

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

K. 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.

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

M. 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.

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

O. 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. (Ord. 503 § 2 (Exh. A), 2025; Ord. 442 § 7 (Exh. G) (part), 2016: Ord. 406 § 1(Exh. A(part)), 2012: Ord. 400 § 1(Exh. A(part)), 2012)

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

1. A non-single-family residential use is any use permitted outright or with a conditional use permit, other than a single-family dwelling, as allowed in BMC 17.24.010(B) and (C).

2. Projects involving two thousand square feet or more of new parking area, replaced parking area or new plus replaced parking area; or

3. Projects that exceed fifty percent of the assessed or appraised value, whichever is higher, of improvements on site in any one consecutive twelve-month period. Any appraisal shall be conducted by a Washington State-certified real estate appraiser.

B. Requirements.

1. All non-single-family residential uses shall provide parking based on anticipated parking demand. For sites with over two thousand square feet of parking area or five thousand square feet of total impervious surface, the study shall be completed by a professional engineer or equally qualified individual with expertise in parking analyses. Parking shall be shared between properties to the extent feasible. The parking requirement may be reduced for sites where the peak parking requirements occur at different times of the day, week, or year. A maximum of one parking space per one hundred square feet of gross floor area shall be provided.

2. 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. LID techniques shall not be used in fire lanes.

3. Minimum Parking Space and Aisle Specifications.

4. Handicap accessible parking spaces shall be provided in accordance with the International Building Code per Chapter 51-50 WAC. Accessible spaces count towards the required parking.

5. Uses that require ten or more parking spaces or that turn over once per hour or more (such as retail, dining, or institutional uses) shall provide a minimum of one bicycle rack.

6. Improved pedestrian access walkways shall be provided between streets and sidewalks and building entrances, and between parking lots and building entrance(s).

7. Landscaping shall:

a. Be provided to screen the visual impact of vehicles and site lighting, particularly after dark;

b. Not exceed three feet in height within fifteen feet of the street entrance;

c. Provide a minimum of one tree per ten parking spaces. Trees shall be set back from any parking space a minimum of five feet;

d. Provide a minimum of seventy-five percent evergreen species;

e. Be protected from vehicle and pedestrian areas by curbing, a low wall, or other physical barrier; and

f. Provide a minimum of ten feet of landscaping along all street frontages and parcel lines that abut residentially zoned parcels.

8. Parking lot lighting elements shall not exceed sixteen feet in height. All lighting shall be shielded from the sky and adjacent properties and structures. (Ord. 503 § 2 (Exh. A), 2025; Ord. 442 § 7 (Exh. G) (part), 2016)

Grades for off-street parking areas exceeding six percent shall be subject to review by the city engineer. (Ord. 442 § 7 (Exh. G) (part), 2016: Ord. 406 § 1(Exh. A(part)), 2012: Ord. 400 § 1(Exh. A(part)), 2012. Formerly 17.48.060)

No building, grading or tenant improvement permit shall be issued until plans showing provisions for the required off-street parking have been submitted to and approved by the director as conforming to the standards of this chapter. (Ord. 442 § 7 (Exh. G) (part), 2016: Ord. 406 § 1(Exh. A(part)), 2012: Ord. 400 § 1(Exh. A(part)), 2012. Formerly 17.48.070)

Repealed by Ord. 435. (Ord. 406 § 1(Exh. A(part)), 2012)

The purpose of this chapter is to:

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

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

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

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

E. Implement the policies of the Washington State Environmental Policy Act.

F. 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.

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

H. 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.

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

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

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

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

M. 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.

N. Reduce the use of chemical fertilizers and pesticides in landscaping.

O. Reduce the negative impacts of landscape maintenance on air quality.

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

Q. Reduce the financial costs of landscape maintenance.

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

S. Avoid or abate public nuisances. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The city shall have jurisdiction over all vegetation and landscaped areas within the city’s boundaries. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The director has authority to administer and enforce this chapter, to adopt rules and regulations to carry out this chapter, and to approve, conditionally approve, or deny applications for the activities regulated by this chapter. It is unlawful to violate or fail to comply with any provision of this chapter or any rule or regulation adopted by the director.

No modifications regulated under this chapter shall be made to vegetated or landscaped areas without the prior written approval of the city. The city shall not permit or approve any activities or work prior to the director’s determination that the requirements of this chapter have been met. Activities or work regulated by this chapter may be conducted only after the applicant has demonstrated compliance with this chapter, obtained the director’s approval, and obtained other permits or approvals as may be required. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The city hereby adopts and incorporates the following into this chapter as if set forth in full, to the extent necessary to interpret and implement this chapter:

A. Technical manuals, as existing or as amended:

1. Washington Native Plant Society’s Native Plants for Western Washington Gardens and Restoration Projects (WNPS guide).

2. King County Native Plant Guide (KCNP guide).

3. Washington State Department of Fish and Wildlife’s Priority Habitats and Species List (DFW PHSL).

4. Washington State Department of Natural Resources Washington Natural Heritage Program’s List of Rare Plants in Snohomish County.

5. United States Fish and Wildlife Endangered and Threatened Species List for Washington State.

6. Council of Tree and Land Appraisers’ Guide for Plant Appraisal.

7. Washington State Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW).

8. Puget Sound Partnership and Washington State University Extension Program’s Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual).

9. Snohomish County Noxious Weeds List.

B. State regulations and policies, as existing or as amended:

1. Chapter 90.48 RCW, Water Pollution Control.

2. Chapter 16-750 WAC, State Noxious Weed List and Schedule of Monetary Penalties.

3. Chapter 173-200 WAC, Water Quality Standards for Ground Waters of the State of Washington.

4. Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.

5. Chapter 246-290 WAC, Public Water Supplies. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The director may adopt preservation and protection guidelines to further the purposes of this chapter. The guidelines may include:

A. 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;

B. Any other plant preservation, protection, and planting standards and procedures that the director deems necessary. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The following definitions shall apply to this chapter except where specified otherwise in this chapter:

A. “A” definitions.

“Applicant” means the property owner or an individual authorized in writing by a property owner to represent and act for the property owner regarding matters relating to this chapter.

“Appropriate native vegetation” means vegetation found in the natural community that is suited to the soil, topography and hydrology of the site in question. Attributes that should be considered in determining whether a plant is appropriate include:

1. Cold hardiness;

2. Heat tolerance;

3. Soil moisture range;

4. Plant water use requirements;

5. Soil volume requirements;

6. Soil pH requirements;

7. Sun/shade requirements;

8. Pest susceptibility;

9. Maintenance requirements; and

10. Size at maturity.

“Arborist” means a tree professional certified by the American Society of Consulting Arborists and/or the International Society of Arboriculture (ISA).

B. “B” definitions.

“Best management practices (BMPs)” means practices based on research, field-testing, and expert review determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies, and protecting natural resources. BMPs include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

“BMC” means the Brier Municipal Code.

“Buffer” means a natural undisturbed portion of a lot, except for approved access, which is set aside to achieve a separation between the use on the lot and adjacent lots and/or uses. A buffer is achieved with keeping and/or planting appropriate native vegetation in a land area used to separate one use from another through screening and distance, to shield or block noise, light, glare, visual or other conditions, to block physical passage to a nonsimilar area, or to reduce air pollution, stormwater runoff, dust, dirt, and litter.

C. “C” definitions.

“Caliper” means a measurement of the size of a tree or shrub equal to the diameter of the trunk six inches from the root ball.

“City” means the city of Brier, Snohomish County, Washington.

“Clear cutting” means the indiscriminate and broad removal of trees, shrubs, and/or undergrowth with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of nonnative trees and shrub species when the soil is left relatively undisturbed, removal of dead trees, or normal mowing operations.

“Clearing” means the selective removal of vegetation from a property, whether by cutting or other means, as regulated under Chapter 19.24 BMC.

“Community recreational area” means public use areas, including school and athletic fields, composed of predominantly turf grass intended for use for recreational purposes.

“Critical area” means those areas designated as critical and regulated under BMC Title 18, including but not limited to wetlands, streams, geologically hazardous areas and critical aquifer recharge areas and their buffers.

“Cultivar” means a variation of a species that has been produced through breeding or deliberate selection.

D. “D” definitions.

“Damage” means any human act, whether done directly or indirectly by the human through operation or use of tools, machinery or mechanical equipment, which causes a tree, shrub or ground cover to die within two years after completion of the act, including, but not limited to, damage inflicted upon the root system or trunk as a result of:

1. Improper use of machinery on the plant;

2. Storage of materials in or around the plant;

3. Soil compaction;

4. Altering the natural grade to expose the roots or to cover the root system with four or more inches of soil;

5. Pruning judged by a landscape professional or arborist to be excessive;

6. Paving with concrete, asphalt, or other impervious surface within such proximity to be harmful to the plant or its root system; or

7. Application of herbicides or defoliates.

“Development” means construction, reconstruction, conversion, structural alteration, relocation or enlargement of a structure; division of a parcel of land into two or more parcels; mining, excavation, landfill, paving or land disturbance; or use, conversion, or extension of the use of land.

“Development area” means that portion of a property, properties or right-of-way proposed for alteration, which includes but is not limited to clearing, grading, filling, changing of soil cover (both vegetative and nonvegetative) or existing soil topography, or installing new or replaced impervious surfaces.

“DFW PHSL” means the Washington State Department of Fish and Wildlife’s Priority Habitats and Species List, current edition.

“Diameter at breast height” or “DBH” means the diameter of the tree at four and one-half feet (or fifty-four inches) above grade.

“Director” means the city’s mayor or designee.

“Drip line” means the ground area beneath a tree that is delineated by a line projected to the ground from the outermost extent of the foliage in all directions. The area inside the drip line shall count towards required landscaping areas.

E. “E” definitions. Reserved.

F. “F” definitions. Reserved.

G. “G” definitions.

“Grade” means the average elevation around the base of a tree or the elevation of the ground adjacent to a fence on the higher side.

“Ground cover” means a dense covering of small plants which normally cover the ground.

“Ground water” means water in a saturated zone or stratum beneath the surface of the land or below a surface water body.

“Grubbing” means the act of removing vegetation by the roots.

H. “H” definitions. Reserved.

I. “I” definitions.

“Impervious area” means the hard surface area that prevents or impedes the entry of water into the soil, thus causing water to run off the surface in greater quantities or at an increased rate of flow.

“Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle under natural conditions prior to development, or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, and packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of stormwater.

“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).

“Irrigated area” means an outdoor area that requires a permanent irrigation system.

“Irrigation” means a constructed watering system designed to transport and distribute water to plants.

J. “J” definitions. Reserved.

K. “K” definitions.

“KCNP guide” means the King County Native Plant Guide, current edition.

L. “L” definitions.

“Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity. Routine landscape maintenance practices are not considered land disturbing activity.

“Landscape area” means the entire parcel less impervious surface area, turf grass area, and those portions exempted by this chapter. Landscape area includes street frontage landscaping, parking lot landscaping, buffer landscaping, and critical areas as defined by BMC Title 18.

“Landscape plan” means a drawing and associated data showing the proposed trees, plants, and other proposed landscape materials.

“Landscape professional” means an individual who possesses a degree from an accredited institute of higher learning in one of the following fields or who has completed apprenticeship requirements or obtained professional certification in one of the following fields: landscape architecture, horticulture, floriculture, arboriculture, botany, wetland science, urban forestry or a similar field.

“Landscaping” means any combination of living plants and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

“LID (low impact development)” means a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design.

“LID Manual” means the current edition of Puget Sound Partnership and Washington State University Extension Program’s Low Impact Development Technical Guidance Manual for Puget Sound.

“Low water use plants” are plants that do not need supplemental water beyond natural rainfall.

M. “M” definitions.

“Mechanical equipment, heavy” means all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twelve horsepower in size.

“Mechanical equipment, light” means all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance twelve horsepower or less in size.

“Microirrigation” means the application of small quantities of water directly on or below the soil surface, usually as discrete drops, tiny streams, or miniature sprays through emitters placed along the water delivery pipes. Microirrigation encompasses a number of methods including drip, subsurface, bubbler, and spray irrigation. Microirrigation is also referred to as trickle, low volume or low flow irrigation.

“Mulch” means nonliving, organic materials used in landscaped areas to retard erosion and retain moisture.

N. “N” definitions.

“Native growth area” means a restrictive area where all native, predevelopment plants shall not be disturbed or removed except for removal pursuant to this chapter and BMC Title 18. The purpose of this area is to protect steep slopes, slopes with erosion potential, landslide and seismic hazards, creeks, wetlands, riparian corridors, wildlife, and other environmentally sensitive areas. Any native growth area shall be defined during the development review process and shown as a “native growth protection area” in a recorded subdivision or short subdivision, or approved site plan.

“Native vegetation fund” means the fund established by this chapter for the purpose of planting and maintaining native plants and trees.

“Natural area” means an area on site that contains natural vegetation and that will be undisturbed during and after development.

“Natural community” means a distinct and recurring assemblage of populations of plants, animals, fungi and microorganisms naturally associated with each other and their physical environment, as described by the DFW PHSL.

“Non-vision-obscuring fences and landscaping” means solid or partially open fences and vegetation not exceeding three feet in height, and open fences not exceeding six feet in height. Maximum height shall be measured from grade; however, within sight distance triangles maximum height of solid or partially open fences and vegetation not exceeding three feet shall be measured from the elevation of the street adjacent to such sight distance triangle.

O. “O” definitions.

“Open fences” means those fences consisting of materials which provide adequate driver and pedestrian visibility through the fence.

P. “P” definitions.

“Parking lot landscape area” means that portion of the landscape area adjacent to and incorporated into a parking lot. Parking lot landscaping does not include buffer landscaping or street frontage landscaping.

“Pasture” means land covered with grass, low plants, or soils suitable for grazing animals, especially horses.

“Permeable” means soil or other material that allows the infiltration or passage of water or other liquids.

Plant:

“Plant bed” means a grouping of trees, shrubs, ground covers, vines, perennials or annuals growing together in a defined area devoid of turf grass, normally using mulch around the plants.

“Plant, endangered” means any plant which is in danger of extinction throughout all or a significant part of its range.

“Plant, indigenous” means those species of plants naturally occurring within a specific habitat or biogeographical region prior to significant human impacts.

“Plant, invasive” means a plant identified as a noxious weed in Chapter 16-750 WAC, and which is described as a plant reproducing outside its native range and outside cultivation that disrupts naturally occurring native plant communities by altering structure, composition, natural processes or habitat quality.

“Plant, native” means those species of plants occurring within the city prior to European contact, according to best scientific and historical documentation. It includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape. Native plants are those recognized by the WNPS guide or the KCNP guide. Native plants include, but are not limited to, ground covers, shrubs, and trees.

“Plant, rare” means a scarce plant species that may or may not have been designated with a legally protected status such as “threatened” or “endangered.” Some rare plants naturally occur less frequently than other plants, which makes the rare plants more susceptible to decline or extinction.

“Plant, threatened” means any plant species that is likely to become an endangered plant within the foreseeable future throughout all or a significant portion of its range.

Project Site. See “development area.”

Q. “Q” definitions. Reserved.

R. “R” definitions.

“Redevelopment” means the creation or addition of impervious surfaces; the expansion of a building footprint or addition of a structure; and land disturbing activities on a site that is already developed.

“Remove” means to transport a plant from the location on which it has been growing. See also “damage.”

“Routine landscape maintenance” means pruning, weeding, planting annuals, mowing turf grass, replacement of existing turf grass, and managing of ground cover, which is undertaken by an individual in connection with the normal maintenance and repair of property. This definition does not include felling or topping of trees or removal of invasive plants resulting from lack of regular maintenance or maintenance using heavy mechanical equipment.

S. “S” definitions.

“SEPA” means the Washington State Environmental Policy Act, as adopted in BMC Title 19.

“Sight distance triangle, driveway” means a triangular area adjacent on one side to a street, and on a second side to a property having frontage on and requiring access from that street. Such triangle shall be two sides of fifteen feet measured along the front property line and the driveway, and a third side connecting the end points on the two aforementioned sides.

“Sight distance triangle, intersection” means a triangular area at street intersections meeting the minimum recommended stopping sight distance for the design speed of the road as recommended by the American Association of State Highway and Transportation Officials (AASHTO).

“Site” means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the development area and the right-of-way boundaries define the site.

“Site appropriate plant” means a plant that, after establishment, will thrive within the environmental conditions that are normal for a specific location without artificial supplements such as irrigation.

“Soil texture” means the classification of soil based on the percentage of sand, silt, and clay in the soil.

“Stop work order” means a written notice, signed by the director, that is posted on the site of a construction activity, which order states that a violation of a city ordinance or this code has occurred and that all activity and work-related activity, except for erosion and sedimentation control activities authorized by the director, must cease until further notice.

“Stormwater” means runoff during and following precipitation and snowmelt events, including surface runoff and drainage.

“SWMMWW” means the current version of the Washington State Department of Ecology’s Stormwater Management Manual for Western Washington.

T. “T” definitions.

“Tree” means a self-supporting woody plant having a single trunk or a multi-trunk of lower branches, growing to a mature height of twelve feet or higher; see BMC 17.52.060(T) for additional requirements and definitions.

“Tree removal permit” means a permit, as defined in Chapter 17.52 BMC, that must be obtained prior to removal of trees.

“Turf grass” means continuous plant coverage consistent of a grass species that is mowed to maintain an established height.

U. “U” definitions. Reserved.

V. “V” definitions.

“Vegetation” means a collection of plants, composed of ground cover, shrubs, and trees – also see the definitions for plants and trees.

“Vision-obscuring fences and landscaping” shall mean solid or partially open fences and vegetation more than three feet in height, but not exceeding six feet in height or eight feet in height with an attached adornment (i.e., arbor, trellis, or other decorative features attached on the top of a fence) in residential-zoned areas and not exceeding eight feet in height in commercial-zoned areas. Maximum height shall be measured from grade.

W. “W” definitions.

“WNPS guide” means the Washington Native Plant Society’s Native Plants for Western Washington Gardens and Restoration Projects, current edition.

X. “X” definitions. Reserved.

Y. “Y” definitions. Reserved.

Z. “Z” definitions. Reserved. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Planting should occur between September 15th and November 30th. Planting shall be avoided between December 1st and March 1st to the maximum extent practicable in order to limit site erosion and impacts to surface and ground water quality. Upon recommendation of a landscape professional, the director may allow a different planting period for specific plants within an approved landscape plan or tree removal permit. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The provisions of this chapter shall be a minimum standard and shall apply to all vegetated areas and landscaping activities not exempt from this chapter. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

No individual, firm, or corporation shall install, disturb, or remove landscaping without first obtaining a permit issued by the city. All applicants shall file a written application pursuant to this chapter. A landscape plan is required for the following actions:

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

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

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

D. 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.

E. 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. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

The following activities and uses are exempt from this chapter:

A. 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.

B. Community recreational areas.

C. Noninvasive food plants.

D. Pastures.

E. Those portions of cemeteries designated for interment.

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

G. Removal of vegetation, unless located in a critical area.

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

I. 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.

J. 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.

K. 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.

The city shall encourage the protection and promotion of appropriate native vegetation in locations/projects that are exempt from permit requirements to the maximum extent practicable. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Any request for a variance from the provisions of this chapter shall be processed as a variance under BMC 17.36.050. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Invasive plants constitute a public nuisance which shall be abated pursuant to the provisions of this chapter and through the authority given to the city under the laws and constitution of the state of Washington. It is further declared to be the duty of every property owner in the city to maintain the property in a lawful manner and exercise reasonable diligence to ensure that it remains free of invasive plants, and every successive owner of the property shall assume the duty relative to preexisting conditions for which the successive owner had notice, actual or constructive. All costs for the removal of invasive plants shall be borne by the property owner. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

No association, individual, group or entity shall make the planting, maintenance, or protection of appropriate native vegetation illegal or prohibited, or encourage the removal of appropriate native vegetation, except when deemed by the director to be necessary for public safety. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The landscape plan shall delineate, protect and preserve threatened and endangered plants, including species of special concern, to the maximum extent practicable. (Ord. 442 § 10 (Exh. J) (part), 2016)

Property owners shall limit disturbance of existing healthy soil to protect and maintain soil structure, existing hydrology, organic matter, and nutrients stored in soils. Use of soil additions similar to the existing soil in pH, texture, permeability and other characteristics is strongly encouraged. Shredded yard clippings and leaves from healthy plant material may be composted for use as soil amendments. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Mulches may be applied and shall be maintained at an appropriate depth in planting beds to assist soils in retaining moisture, reducing weed growth, and preventing erosion. Gravel, river rock, shell and similar material shall not be used as a major landscape groundcover or mulch. The use of certified clean mulch, which has been tested to be free of metals and other chemicals, is strongly encouraged for use in all landscape areas. Shredded yard clippings and leaves from healthy plant material may be used for mulch. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Vision-obscuring fences and landscaping may be located on any portion of a property, except:

A. Within the intersection sight distance triangle.

B. Within the driveway sight distance triangle.

C. Within a critical area. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Repealed by Ord. 479. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The following areas shall count towards the minimum landscaping requirement:

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

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

C. The area under the drip line of an appropriate tree once mature. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

In the event that appropriate native plants are not available at the time of installation, the city may, upon written request, review and approve of an updated landscape plan, allow substitution of appropriate nonnative landscaping or extend the approval period for the permit. In granting an adjustment due to plant availability, appropriate safeguards may be prescribed to assure compliance with the provisions of the zoning code and this conditional use permit as approved shall not be violated, including but not limited to the requirement of reasonable performance or maintenance assurance devices. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

A separate account established by the city as the “tree replacement fund” for fees collected shall be renamed the “native vegetation fund.” Native landscaping fee receipts shall be earmarked specifically for this account. Funds withdrawn from this account shall be expended only for native growth or landscaping areas in city-owned parks, trails, open spaces or rights-of-way, or as part of programs established by the city to encourage planting and maintenance of native trees and plants. Funds may be used for:

A. Planting new native trees or plants;

B. Maintenance of new or existing trees or vegetation;

C. Removal of diseased, defective or dangerous trees;

D. Removal of invasive plants;

E. Enforcement of this chapter, including abatement; and

F. Educational activities pertaining to the requirements of this chapter. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

A. 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.

B. All applications shall include:

1. A plan prepared by a landscape professional showing the following:

a. Date, scale, north arrow, and vicinity map;

b. Address, parcel number(s), and legal description of the subject property;

c. Name, address and phone number of the property owner and landscape professional;

d. Property dimensions and size;

e. Topographic information;

f. Description of existing soil type(s);

g. Location and dimensions of all existing structures, driveways, and utilities;

h. Location and recording number for all easements affecting the proposal;

i. Locations of all trees proposed for protection, including tree protection measures;

j. Locations of existing rare, threatened or endangered plants at the site;

k. Locations of all proposed vegetation, including species. The proposed vegetation shall be shown at the size at maturity;

l. A legend indicating sizes, quantities, and spacing of all plant material;

m. Summary table of site statistics, demonstrating compliance with the minimum landscape area requirements of this chapter;

n. Planting and maintenance schedule;

o. Location of all critical areas as defined by BMC Title 18; and

p. Location of dispersion trenches, stormwater management, and LID features.

2. Applications which propose to remove trees shall be accompanied by a major tree removal permit application as required under Chapter 17.52 BMC.

3. Applications associated with a land use or construction permit or which have rare, threatened, or endangered plants on site shall include an appraisal completed by an arborist or other individual certified in plant appraisal for all rare, threatened, or endangered plants to be protected. The appraisal shall use the replacement cost method described in the current edition of the Council for Tree and Landscape Appraiser’s Guide for Plant Appraisal. An equivalent method may be used upon approval of the director.

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

D. 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.

E. 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. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

A. 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.

B. 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. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The minimum landscape standards, after exempted use areas are excluded, are as follows:

*    Excludes community recreational areas.

**    Applies to conditional uses which are not secondary dwelling units and which have a parking lot.

1    The director may approve additional turf in areas with steep slopes or otherwise not suitable for planting.

(Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

When reviewing a landscape plan, the director shall consider the following factors:

A. Whether the landscaping requirements of this code have been satisfied;

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

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

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

E. 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;

F. 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

G. Whether the plants selected are diverse. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

Repealed by Ord. 452. (Ord. 442 § 10 (Exh. J) (part), 2016)

The applicant for a landscape plan shall demonstrate that the vegetation installation will meet the minimum standards of this section.

A. Plants shall:

1. Be planted to reestablish or enhance protected vegetation where it previously existed;

2. Be planted within sensitive areas or buffers where recommended in an approved critical areas report or otherwise meeting the requirements of BMC Title 18, Critical Areas;

3. Be planted in locations appropriate to the species’ growth habit and horticultural requirements;

4. Be located to provide screening of the development from adjacent properties, where appropriate;

5. Be planted in areas that connect or are adjacent to sensitive areas or other open space, where appropriate;

6. Be integrated into the required landscape plans, if any, for a development; and

7. Be selected with consideration of the plants’ maturation and maintenance requirements.

B. Minimum sizes for plants shall be:

1. Shrubs – Two feet in height or a minimum five-gallon size.

2. All other plants will be specified by the landscape professional to ensure maximum likelihood of survival.

3. Healthy and visibly free of disease or pests.

C. 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.

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

E. 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. (Ord. 479 § 1 (Exh. A), 2021; Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

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

1. All construction activities, including staging and traffic areas, shall be prohibited within five feet of the vegetation and/or the drip line of protected trees. Except for the use of roads and constructed pathways, land clearing machinery shall be kept outside of the protection area.

2. Protective barriers shall be installed five feet beyond the protected area prior to any land disturbance.

3. Protective barriers shall be a minimum of four feet high, constructed of chain link, or polyethylene laminar safety fencing or similar material, subject to approval by the director. Signs clearly indicating the protected status shall be posted visibly on all sides of the fence. On large or multiple-project sites, the director may also require that signs requesting subcontractor cooperation and compliance with protection standards be posted at site entrances.

4. Where protection areas are remote from areas of land disturbance, and where approved by the director, alternative forms of tree protection may be used in lieu of protection barriers; provided, that protected areas are completely surrounded with continuous rope or flagging and are accompanied by appropriate signage clearly indicating the protected status.

B. 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:

1. Pruning of visible dead branches;

2. Use of soil amendments and soil aeration in the protected areas;

3. Mulching in the protected area; and

4. Ensuring proper water availability during and immediately after construction. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

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

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

1. The assurance shall be provided prior to issuance of a permit.

2. The amount of the assurance shall equal to three hundred percent multiplied by:

a. The city’s estimated cost of replacing each plant. The estimated cost per plant shall be as set forth in Chapter 3.04 BMC. This method shall be used for proposals not associated with a land use or construction permit and which do not have rare, threatened, or endangered species on site; or

b. The estimated replacement cost for each protected plant. The appraisal shall be completed by an arborist or other individual certified in plant appraisal for all rare, threatened, or endangered plants to be protected. The appraisal shall use the replacement cost method described in the current edition of the Council for Tree and Landscape Appraiser’s Guide for Plant Appraisal. An equivalent method may be used upon approval of the director. This method may be used for proposals associated with a land use or construction permit, or which have rare, threatened, or endangered species on site.

3. The assurance period shall be two years from the date of successful completion of the final landscape inspection.

4. Upon reaching two years, the city shall re-inspect the vegetation prior to authorizing release of the assurance. Any protected vegetation damaged due to natural causes shall be exempt from replacement. Any protected vegetation found to be irreparably damaged, severely stressed, dying or removed shall be replaced. A penalty of three hundred percent of the replacement cost shall be withheld from the assurance release. Collection of proceeds shall be deposited into the native vegetation fund.

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

1. The assurance shall be provided prior to issuance of a permit.

2. The amount of the assurance shall equal to three hundred percent multiplied by:

a. The city’s estimated cost of replacing each plant. The estimated cost per plant shall be the fee-in-lieu amount for replacement plant as set forth in Chapter 3.04 BMC; and/or

b. A landscape professional’s estimated cost of plant material and labor.

3. The assurance period shall be until the date of successful completion of the final landscape inspection. The performance assessment shall not be fully released without final inspection and approval of completed work by the city, submittal of any post-construction evaluations or following any prescribed trial maintenance period required in the permit.

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

1. The assurance shall be provided prior to issuance of a permit, or prior to issuance of a certificate of occupancy when there is an associated building permit, whichever is later.

2. The amount of the assurance shall equal to one hundred fifty percent multiplied by:

a. The city’s estimated cost of replacing each tree. The estimated cost per tree shall be the fee-in-lieu amount for replacement trees; and/or

b. A landscape professional’s estimated cost of plant material, periodic fertilizing and pruning, and labor.

3. The assurance period shall be two years from the date of successful completion of the final landscape inspection.

4. Upon reaching two years, the city shall re-inspect the trees and/or vegetation prior to authorizing release of the assurance. Any tree and/or vegetation damaged due to natural causes shall be exempt from replacement. Any tree and/or vegetation found to be irreparably damaged, severely stressed, dying or removed shall be replaced according to the remediation standards of this chapter. A penalty of one hundred fifty percent of the city’s estimated cost of replacing each tree and/or one hundred fifty percent of the landscape professional’s estimate provided at application shall be withheld from the assurance release. Collection of proceeds shall be deposited into the native vegetation fund.

E. 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. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Any person aggrieved by the granting or denying of a permit pursuant to this chapter shall have the right to appeal to the city council as follows:

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

B. 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;

C. 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.

D. An appeal of the city’s final decision shall be by petition to the Snohomish County superior court, in accordance with state law. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

A. 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.

B. 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. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Prior to making any inspections, the director shall present identification credentials, state the reason for the inspection and request entry.

A. 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.

B. 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. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

A. The property owner shall be responsible for ensuring that:

1. All landscaping that is part of an approved plan regulated under this chapter is maintained in a healthy condition, unless otherwise approved by the director in a subsequent permit.

2. Dead, decaying, defective, or diseased trees or branches that pose a threat of falling onto the public right-of-way or city-owned property are removed.

3. Vegetation that obstructs or hinders the use of any public right-of-way or designated trail, particularly eight feet or less above a pedestrian walkway or sidewalk and fourteen feet or less above a horse trail or a paved public street, is removed.

B. 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. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

Violations of this chapter shall be subject to the following procedures:

A. 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.

B. 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.

C. 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.

D. 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. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The director may issue a stop work order for failure to comply with any of the terms of a landscaping plan or tree removal permit, or any activity conducted in violation of this chapter or in a dangerous or otherwise unsafe manner, as determined by the director. The stop work order shall be in writing and served on the person(s) engaged in the activity or cause of the activity. The effect of such a stop work order shall be for the persons issued to immediately terminate such work or activity, until the director authorizes such work or activity to proceed. (Ord. 452 § 1(Exh. A)(part), 2018: Ord. 442 § 10 (Exh. J) (part), 2016)

The purpose of this chapter is to:

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

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

C. Implement the policies of the Washington State Environmental Policy Act.

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

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

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

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

H. 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.

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

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

K. Avoid or abate public nuisances. (Ord. 452 § 3(Exh. B)(part), 2018)

The city shall have jurisdiction over all trees within the city’s boundaries. (Ord. 452 § 3(Exh. B)(part), 2018)

The director has authority to administer and enforce this chapter, to adopt rules and regulations to carry out this chapter, and to approve, conditionally approve, or deny applications for the activities regulated by this chapter. It is unlawful to violate or fail to comply with any provision of this chapter or any rule or regulation adopted by the director. Activities or work regulated by this chapter may be conducted only after the applicant has demonstrated compliance with this chapter, obtained the director’s approval, and obtained other permits or approvals as may be required. (Ord. 452 § 3(Exh. B)(part), 2018)

The city hereby adopts and incorporates the following into this chapter as if set forth in full, to the extent necessary to interpret and implement this chapter:

A. Technical manuals, as existing or as amended:

1. Washington Native Plant Society’s Native Plants for Western Washington Gardens and Restoration Projects (WNPS guide).

2. King County Native Plant Guide (KCNP guide).

3. Washington State Department of Fish and Wildlife’s Priority Habitats and Species List (DFW PHSL).

4. Washington State Department of Natural Resources Natural Washington Natural Heritage Program’s List of Rare Plants in Snohomish County.

5. United States Fish and Wildlife Endangered and Threatened Species List for Washington State.

6. Council of Tree and Land Appraisers’ Guide for Plant Appraisal.

7. Washington State Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW).

8. Snohomish County Noxious Weeds List.

B. State regulations and policies, as existing or as amended:

1. Chapter 90.48 RCW, Water Pollution Control.

2. Chapter 16-750 WAC, State Noxious Weed List and Schedule of Monetary Penalties.

3. Chapter 173-200 WAC, Water Quality Standards for Ground Waters of the State of Washington.

4. Chapter 173-201A WAC, Water Quality Standards for Surface Waters of the State of Washington.

5. Chapter 246-290 WAC, Public Water Supplies. (Ord. 452 § 3(Exh. B)(part), 2018)

The director may adopt preservation and protection guidelines to further the purposes of this chapter. The guidelines may include:

A. 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;

B. Any other tree preservation, protection, and planting standards and procedures that the director deems necessary. (Ord. 452 § 3(Exh. B)(part), 2018)

The following definitions shall apply to this chapter except where specified otherwise in this chapter:

A. “A” definitions.

“Applicant” means the property owner or an individual authorized in writing by a property owner to represent and act for the property owner regarding matters relating to this chapter.

“Arborist” means a tree professional certified by the American Society of Consulting Arborists and/or the International Society of Arboriculture (ISA).

B. “B” definitions.

“Best management practices (BMPs)” means practices based on research, field-testing, and expert review determined to be the most effective and practicable on-location means, including economic and technological considerations, for improving water quality, conserving water supplies, and protecting natural resources. BMPs include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

“BMC” means the Brier Municipal Code.

“Buffer” means a natural undisturbed portion of a lot, except for approved access, which is set aside to achieve a complete visual barrier between the use on the lot and adjacent lots and/or uses. A buffer is achieved with keeping and/or planting appropriate native vegetation in a land area used to visibly separate one use from another through screening and distance, to shield or block noise, light, glare, visual or other conditions, to block physical passage to a nonsimilar area, or to reduce air pollution, stormwater runoff, dust, dirt and litter.

C. “C” definitions.

“Caliper” means a measurement of the size of a tree or shrub equal to the diameter of the trunk six inches from the root ball.

“City” means the city of Brier, Snohomish County, Washington.

“Clear cutting” means the indiscriminate and broad removal of trees with the intention of preparing real property for nonagricultural development purposes. This definition shall not include the selective removal of trees and shrub species when the soil is left relatively undisturbed, removal of dead trees, or normal mowing operations.

“Clearing” means the selective removal of trees from a property, whether by cutting or other means, as regulated under Chapter 19.24 BMC.

“Community recreational area” means public use areas, including school and athletic fields, composed of predominantly turf grass intended for use for recreational purposes.

“Critical area” means those areas designated as critical and regulated under BMC Title 18, including but not limited to wetlands, streams, geologically hazardous areas and critical aquifer recharge areas and their buffers.

“Cultivar” means a variation of a species that has been produced through breeding or deliberate selection.

D. “D” definitions.

“Damage” means any human act, whether done directly or indirectly by the human, through operation or use of tools, machinery or mechanical equipment, which causes a tree to die within two years after completion of the act, including, but not limited to, damage inflicted upon the root system or trunk as a result of:

1. Improper use of machinery on the tree;

2. Storage of materials in or around the tree;

3. Soil compaction;

4. Altering the natural grade to expose the roots or to cover the root system with four or more inches of soil;

5. Pruning judged by a landscape professional or arborist to be excessive;

6. Paving with concrete, asphalt or other impervious surface within such proximity to be harmful to the tree or its root system; or

7. Application of herbicides or defoliates.

“Development” means construction, reconstruction, conversion, structural alteration, relocation or enlargement of a structure; division of a parcel of land into two or more parcels; mining, excavation, landfill, paving or land disturbance; or use, conversion, or extension of the use of land.

“Development area” means that portion of a property, properties or right-of-way proposed for alteration, which includes but is not limited to clearing, grading, filling, changing of soil cover (both vegetative and nonvegetative) or existing soil topography, or installing new or replaced impervious surfaces.

“DFW PHSL” means the Washington State Department of Fish and Wildlife’s Priority Habitats and Species List, current edition.

“Diameter at breast height” or “DBH” means the diameter of the tree at four and one half feet (or fifty-four inches) above grade.

“Director” means the city’s mayor or designee.

“Drip line” means the ground area beneath a tree that is delineated by a line projected to the ground from the outermost extent of the foliage in all directions.

E. “E” definitions. Reserved.

F. “F” definitions. Reserved.

G. “G” definitions.

“Grade” means the average elevation around the base of a tree.

H. “H” definitions. Reserved.

I. “I” definitions. Reserved.

J. “J” definitions. Reserved.

K. “K” definitions.

“KCNP guide” means the King County Native Plant Guide, current edition.

L. “L” definitions.

“Landscape plan” means a drawing and associated data showing the proposed trees, plants and other proposed landscape materials.

“Landscape professional” means an individual who possesses a degree from an accredited institute of higher learning in one of the following fields or who has completed apprenticeship requirements or obtained professional certification in one of the following fields: landscape architecture, horticulture, floriculture, arboriculture, botany, wetland science, urban forestry or a similar field.

“Landscaping” means any combination of living plants and nonliving landscape material (such as rocks, pebbles, sand, mulch, walls, fences, or decorative paving materials).

M. “M” definitions.

“Mulch” means nonliving, organic materials used in landscaped areas to retard erosion and retain moisture.

N. “N” definitions.

“Native vegetation fund” means the fund established by Chapter 17.50 BMC for planting and maintenance of trees and vegetation and educational activities pertaining to native vegetation and landscaping.

O. “O” definitions. Reserved.

P. “P” definitions.

“Pasture” means land covered with grass, low plants, or soils suitable for grazing animals, especially horses.

“Plant, native” means those species of plants occurring within the city prior to European contact, according to best scientific and historical documentation. It includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape. Native plants are those recognized by the WNPS guide or the KCNP guide. Native plants include, but are not limited to, ground covers, shrubs and trees.

“Project site” – see “development area.”

Q. “Q” definitions. Reserved.

R. “R” definitions.

“Redevelopment” means the creation or addition of impervious surfaces; the expansion of a building footprint or addition of a structure; and land disturbing activities on a site that is already developed.

“Remove” means to transport a tree from the location on which it has been growing. See also “damage.”

“Routine landscape maintenance” means pruning, thinning, and care for trees, which is undertaken by an individual in connection with the normal maintenance and repair of property. This definition does not include felling or topping of trees resulting from lack of regular maintenance.

S. “S” definitions.

“SEPA” means the Washington State Environmental Policy Act, as adopted in BMC Title 19.

“Site” means the area defined by the legal boundaries of a parcel or parcels of land that is (are) subject to new development or redevelopment. For road projects, the length of the development area and the right-of-way boundaries define the site.

“Site appropriate tree” means a tree that, after establishment, will thrive within the environmental conditions that are normal for a specific location without artificial supplements such as irrigation.

“Stop work order” means a written notice signed by the director that is posted on the site of a construction activity, which order states that a violation of a city ordinance or this code has occurred and that all activity and work-related activity, except for erosion and sedimentation control activities authorized by the director, must cease until further notice.

T. “T” definitions.

Tree:

“Tree” means a self-supporting woody plant having a single trunk or a multi-trunk of lower branches, growing to a mature height of twelve feet or higher.

“Tree, defective” means any tree with a structural defect which makes it subject to a high probability of failure.

“Tree, diseased” means any tree with a health condition which makes it subject to a high probability of failure.

“Tree, invasive” means a plant identified as a noxious weed in Chapter 16-750 WAC or the Snohomish County Plant List, and which is described as a plant reproducing outside its native range and outside cultivation that disrupts naturally occurring native plant communities by altering structure, composition, natural processes or habitat quality.

“Tree, native” means those species of trees occurring within the city prior to European contact, according to best scientific and historical documentation. It includes those species understood as indigenous, occurring in natural associations in habitats that existed prior to significant human impacts and alterations of the landscape. Native trees are those recognized by the WNPS guide or the KCNP guide.

“Tree, nonsignificant” means any tree less than eight inches in diameter at DBH, trees on the Snohomish County Invasive Plant list or identified as a noxious weed in Chapter 16-750 WAC, cultivars, or those included on the following list, regardless of size:

a. Black locust (Robinia pseudoacacia);

b. Cottonwood (Populous trichocarpa);

c. Native alder (native Alnus only); or

d. Lombardy poplar (Populous nigra).

“Tree, ornamental” means any tree grown for decorative and aesthetic purposes, particularly for their flowers, leaves, scent, foliage texture, or fruit.

“Tree, private” means any tree not located on property owned or controlled by the city.

“Tree, protected” means any tree required to be retained and protected from impacts from development as part of a land use or development permit.

“Tree, public” means any tree located on property owned or controlled by the city or in the public right-of-way.

“Tree, required” is any tree required to be planted as:

a. Part of a land use or development permit;

b. Remediation for removal of a tree in violation of a tree permit, BMC Title 18, Title 19, or this chapter.

“Tree, significant” means any tree not defined as nonsignificant by this chapter that is eight inches in diameter at DBH or greater. A tree growing with multiple stems shall be considered significant if at least one of the stems, measured at a point six inches from the point where the stems digress from the main trunk, is at least four inches in diameter. Any tree that is planted to fulfill requirements set forth by this chapter shall be considered significant, regardless of size or species.

“Tree removal permit” means a permit that must be obtained prior to removal of a significant tree.

“Tree thinning” means the selective cutting or thinning of trees for the purpose of good forestry management to protect the forest from disease or infestation and in no way shall be construed as clear cutting.

“U” definitions. Reserved.

“V” definitions.

“Vegetation” means a collection of plants, composed of ground cover, shrubs, and trees – also see the definitions for plants and trees.

“W” definitions.

“WNPS guide” means the Washington Native Plant Society’s Native Plants for Western Washington Gardens and Restoration Projects, current edition.

“X” definitions. Reserved.

“Y” definitions. Reserved.

“Z” definitions. Reserved. (Ord. 452 § 3(Exh. B)(part), 2018)

Tree planting should occur between September 15th and November 30th. Tree planting shall be avoided between December 1st and March 1st to the maximum extent practicable in order to limit site erosion and impacts to surface and ground water quality. Upon recommendation of a landscape professional, the director may allow a different tree planting period for specific trees within an approved landscape plan or tree removal and replacement permit. (Ord. 452 § 3(Exh. B)(part), 2018)

The provisions of this chapter shall be a minimum standard and shall apply to all activities involving trees that are not exempt from this chapter. (Ord. 452 § 3(Exh. B)(part), 2018)

The following activities and uses are exempt from this chapter:

A. Community recreational areas.

B. Pastures.

C. Those portions of cemeteries designated for interment.

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

E. 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.

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

G. 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.

H. 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.

I. 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.

The city shall encourage the protection and promotion of appropriate trees in locations/projects that are exempt from permit requirements to the maximum extent practicable. (Ord. 479 § 3 (Exh. A), 2021; Ord. 452 § 3(Exh. B)(part), 2018)

Any request for a variance from the provisions of this chapter shall be processed as a variance under BMC 17.36.050. (Ord. 452 § 3(Exh. B)(part), 2018)

A. 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.

B. 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:

1. Written statement of the reason for the removal; and

2. Statement that there are no critical areas on site and an acknowledgment that no more than five significant trees may be removed from the property within a forty-eight-month period.

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

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

E. Minor tree removal permits expire sixty days from issuance. (Ord. 479 § 3 (Exh. A), 2021; Ord. 452 § 3(Exh. B)(part), 2018)

A. Major tree removal permits are required if:

1. Six or more significant trees would be removed from a property within a forty-eight-month period.

2. Significant trees would be removed for a project or action requiring a land use or development permit.

3. Trees would be removed that are located wholly or partially within a critical area or its buffer as defined by BMC Title 18.

B. 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:

1. Date, scale, north arrow and vicinity map;

2. Address, parcel number(s) and legal description of the subject property;

3. Name, address and phone number of the property owner and landscape professional;

4. Property dimensions and size;

5. Areas proposed for clearing and the proposed use(s) for each area;

6. Topographical information, including proposed grade changes that may adversely affect or endanger trees on the property;

7. Location and dimensions of all existing structures, driveways and utilities;

8. Location and recording number for all easements affecting the proposal;

9. Designation of all trees proposed for removal, describing species and diameter, and if dangerous, defective, diseased or damaged trees are proposed for removal, a report by an arborist;

10. Designation of all trees proposed for protection, including tree protection measures;

11. Tree replacement, planting and maintenance schedule; and

12. Location of all critical areas.

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

D. 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.

E. Major tree removal permits expire ninety days from the date of issuance or the expiration date of an associated land use or development permit. (Ord. 479 § 3 (Exh. A), 2021; Ord. 452 § 3(Exh. B)(part), 2018)

When reviewing a tree removal permit, the director shall consider the following factors:

A. Whether the requirements of this chapter have been satisfied;

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

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

D. 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;

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

F. 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

G. 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. (Ord. 452 § 3(Exh. B)(part), 2018)

The applicant shall demonstrate that tree installation will meet the minimum standards of this section.

A. 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.

B. Replacement shall not be required when:

1. An arborist certifies that the tree is hazardous, dead, defective, diseased, injured or in a declining condition with no reasonable assurance of regaining health.

2. The tree is proposed to be relocated to another suitable planting site in compliance with this chapter.

C. 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.

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

1. The number of replacement trees shall be the same as described in subsection A of this section. Replacement costs (material plus labor) shall be at the applicant’s expense.

2. Allowable sites for receiving off-site replacement plantings:

a. City-owned properties.

b. Public right-of-way.

3. All trees to be replaced off-site shall meet the replacement standards of this section.

4. The director may approve a fee in-lieu for any replacement tree required for but not planted on site.

a. The city council by resolution shall establish a fee-in-lieu amount for replacement trees. The fee-in-lieu amount shall cover the cost of a tree, installation (labor and equipment), maintenance for two years, and fund administration.

b. The applicant shall pay the fee-in-lieu amounts to the city upon completion of a site inspection and confirmation of the total number of trees removed and replaced on site.

5. At a minimum, fifty percent of the replacement trees shall be planted on site.

6. Where appropriate, the director may consider other measures designed to mitigate the loss of trees by restoring all or parts of the landscape and its associated benefits. Measures may include, but are not limited to:

a. Creation of wildlife snags from trees which would otherwise be removed;

b. Replacement of certain ornamental trees with native shrubs and groundcover;

c. Replacement of hazardous or short-lived trees with healthy new trees more likely to survive;

d. Restoration of stream corridors with native plants when recommended in an approved critical areas report or otherwise meeting the requirements of BMC Title 18, Critical Areas;

e. Protection of nonsignificant trees to provide for the successional stages of forest development.

E. Replacement trees shall:

1. Be planted to reestablish or enhance protected trees or tree stands where they previously existed;

2. Be planted within sensitive areas or buffers when recommended in an approved critical areas report or otherwise meeting the requirements of BMC Title 18;

3. Be planted in locations appropriate to the species’ growth habit and horticultural requirements;

4. Be located away from areas where damage is likely to occur, including utility easements;

5. Be located to provide screening of the development from adjacent properties, where appropriate;

6. Be planted in areas that connect or are adjacent to sensitive areas or other open spaces, where appropriate;

7. Be integrated into the landscape plans, if required under BMC 17.50.090, for a development; and

8. Be selected with consideration of the trees’ maturation and maintenance requirements, especially for those to be planted next to or under overhead utility power lines.

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

1. Deciduous – three inches in diameter at six inches in height above natural grade.

2. Evergreen – eight feet in height.

3. Healthy and visibly free of disease or pests.

4. Native species.

5. The director may consider smaller-sized replacement trees if the applicant can demonstrate that smaller trees are more suited to the species, site conditions, and to the purposes of this section, and are planted in sufficient quantities to meet the intent of this section.

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

H. 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. (Ord. 452 § 3(Exh. B)(part), 2018)

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

1. All construction activities, including staging and traffic areas, shall be prohibited within five feet of the drip line of protected trees. Except for the use of roads and constructed pathways, land clearing machinery shall be kept outside of the protection area.

2. Protective barriers shall be installed five feet beyond the protected area prior to any land disturbance.

3. Protective barriers shall be a minimum of four feet high, constructed of chain link, or polyethylene laminar safety fencing or similar material, subject to approval by the director. Signs clearly indicating the protected status shall be posted visibly on all sides of the fence. On large or multiple-project sites, the director may also require that signs requesting subcontractor cooperation and compliance with protection standards be posted at site entrances.

4. Where protection areas are remote from areas of land disturbance, and where approved by the director, alternative forms of tree protection may be used in lieu of protection barriers; provided, that protected areas are completely surrounded with continuous rope or flagging and are accompanied by appropriate signage clearly indicating the protected status.

B. 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):

1. Pruning of visible dead branches;

2. Use of soil amendments and soil aeration in the protected areas;

3. Mulching in the protected area; and

4. Ensuring proper water availability during and immediately after construction. (Ord. 452 § 3(Exh. B)(part), 2018)

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

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

1. The assurance shall be provided prior to issuance of a permit.

2. The amount of the assurance shall be equal to three hundred percent multiplied by:

a. The city’s estimated cost of replacing each tree. The estimated cost per tree shall be as set forth in Chapter 3.04 BMC. This method shall be used for proposals not associated with a land use or construction permit and which do not have rare, threatened, or endangered species on site; or

b. The estimated replacement cost for each protected tree. The appraisal shall be completed by an arborist or other individual certified in tree appraisal for all trees to be protected. The appraisal shall use the replacement cost method described in the current edition of the Council for Tree and Landscape Appraiser’s Guide for Plant Appraisal. An equivalent method may be used upon approval of the director. This method may be used for proposals associated with a land use or construction permit, or which have rare, threatened or endangered species on site.

3. The assurance period shall be two years from the date of successful completion of the final tree inspection.

4. Upon reaching two years, the city shall re-inspect the trees prior to authorizing release of the protection assurance. Any protected tree damaged due to natural causes shall be exempt from replacement. Any protected tree found to be irreparably damaged, severely stressed, dying or removed shall be replaced. A penalty of three hundred percent of the replacement cost shall be withheld from the assurance release. Collection of proceeds shall be deposited into the native vegetation fund.

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

1. The assurance shall be provided prior to issuance of the permit.

2. The amount of the assurance shall be equal to three hundred percent multiplied by:

a. The city’s estimated cost of replacing each tree. The estimated cost per tree shall be the fee-in-lieu amount for replacement trees as set forth in Chapter 3.04 BMC; and/or

b. A landscape professional’s estimated cost of the trees and labor.

3. The assurance period shall be until the date of successful completion of the final tree inspection. The performance assessment shall not be fully released without final inspection and approval of completed work by the city, submittal of any post-construction evaluations or following any prescribed trial maintenance period required in the permit.

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

1. The assurance shall be provided prior to the release of an associated tree performance or protection bond upon successful completion of the final tree inspection.

2. The amount of the assurance shall be equal to one hundred fifty percent multiplied by:

a. The city’s estimated cost of replacing each tree. The estimated cost per tree shall be the fee-in-lieu amount for replacement trees; and/or

b. A landscape professional’s estimated cost of the trees, periodic fertilizing and pruning, and labor.

3. The assurance period shall be two years from the date of successful completion of the final tree inspection.

4. Upon reaching two years, the city shall re-inspect the trees prior to authorizing release of the assurance. Any tree damaged due to natural causes shall be exempt from replacement. Any tree found to be irreparably damaged, severely stressed, dying or removed shall be replaced according to the remediation standards of this chapter. A penalty of one hundred fifty percent of the city’s estimated cost of replacing each tree and/or one hundred fifty percent of the landscape professional’s estimate provided at application shall be withheld from the assurance release. Collection of proceeds shall be deposited into the native vegetation fund.

E. 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. (Ord. 452 § 3(Exh. B)(part), 2018)

Any person aggrieved by the granting or denying of a permit pursuant to this chapter shall have the right to appeal to the city council as follows:

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

B. 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;

C. 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.

D. Any appeal of the city’s final decision shall be by petition to the Snohomish County superior court, in accordance with state law. (Ord. 452 § 3(Exh. B)(part), 2018)

A. 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.

B. 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. (Ord. 452 § 3(Exh. B)(part), 2018)

Prior to making any inspections, the director shall present identification credentials, state the reason for the inspection and request entry.

A. 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.

B. 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. (Ord. 452 § 3(Exh. B)(part), 2018)

A. The property owner shall be responsible for ensuring that:

1. All trees that are part of an approved plan regulated under this chapter are maintained in a healthy condition, unless otherwise approved by the director in a subsequent permit.

2. Dead, decaying, defective, or diseased trees or branches that pose a threat of falling onto the public right-of-way or city-owned property are removed.

3. Trees or portions of trees that obstruct or hinder the use of any public right-of-way or designated trail, particularly eight feet or less above a pedestrian walkway or sidewalk and fourteen feet or less above a horse trail or a paved public street, are removed.

B. 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.

C. Protected, required and significant trees shall not be topped.

D. Excessive pruning does not occur, unless recommended by an arborist in order to protect life and property. (Ord. 452 § 3(Exh. B)(part), 2018)

Violations of this chapter shall be subject to the following procedures:

A. 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.

B. 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.

C. 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.

D. 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. (Ord. 452 § 3(Exh. B)(part), 2018)

The director may issue a stop work order for failure to comply with any of the terms of a tree removal permit, or any activity conducted in violation of this chapter or in a dangerous or otherwise unsafe manner, as determined by the director. The stop work order shall be in writing and served on the person(s) engaged in the activity or cause of the activity. The effect of such a stop work order shall be for the persons issued to immediately terminate such work or activity, until the director authorizes such work or activity to proceed. (Ord. 452 § 3(Exh. B)(part), 2018)