This chapter shall be known as the town of Darrington "Tree Ordinance" and may be so cited.

(Ord. 541 § 1 (part), 1999)

The purpose of this chapter is to:

A.

Mitigate certain environmental consequences of land development and to maintain and improve the quality of Darrington's urban environment;

B.

Promote building and site planning practices that are responsive to the community's natural environment, without preventing reasonable development of land;

C.

Regulate clearing of trees and understory vegetation in the town of Darrington, in order to:

1.

Maintain and enhance the aesthetic, ecological and economic benefits provided by vegetation, such as:

a.

Providing wildlife habitat,

b.

Reducing runoff and soil erosion,

c.

Reducing air pollution,

d.

Masking noise,

e.

Reducing wind speed and urban "wind tunnels,"

f.

Energy conservation, cooling of urban centers,

g.

Increasing real property values,

h.

Enhancing visual and aesthetic qualities of the urban environment;

2.

Maintain the viability of existing stands of trees and understory vegetation;

3.

Promote retention of native vegetation in sensitive areas and their buffers, shoreline areas, and wildlife habitat areas;

D.

Provide a means to implement the requirements of the sensitive areas ordinance of this title, relative to vegetation removal in sensitive areas and sensitive area buffers.

(Ord. 541 § 1 (part), 1999)

This chapter sets forth rules and regulations to control clearing of trees and understory vegetation within the town of Darrington.

(Ord. 541 § 1 (part), 1999)

The following activities are exempt from the application of this chapter and do not require a tree clearing permit:

A.

Clearing of up to four significant trees on a site currently zoned and developed for single family residential use within any thirty-six-month period; unless the significant trees to be removed are located within a wetland, watercourse and their associated buffers or within the shoreline zone;

B.

Clearing of any vegetation located outside a sensitive area, sensitive area buffer or outside the shoreline zone;

C.

Removal of hazardous trees;

D.

Routine maintenance of vegetation necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard or threat to public safety;

E.

Vegetation removal necessary to the operation of an established Christmas tree farm or commercial plant nursery;

F.

Construction and maintenance of streets and utilities within town-approved rights-of-way and easements.

(Ord. 541 § 1 (part), 1999)

No person shall conduct any clearing of vegetation without first obtaining a tree clearing permit on a form approved by the building official; unless specifically exempted under this chapter.

(Ord. 541 § 1 (part), 1999)

The following materials are required to obtain a tree clearing permit:

A.

Site plan of the proposal, showing;

1.

Diameter, species name, location and canopy of existing significant trees in relation to proposed and existing structures, utility lines, and construction limit line;

2.

Identification of all significant trees to be removed and/or relocated;

3.

Existing and proposed topography of the site at two-foot contour intervals;

4.

Limits of any sensitive area and sensitive area buffer, and mean high water mark of the river.

B.

Landscape plan for the proposal, showing;

1.

Diameter, species name, spacing and location of replacement trees/vegetation to be used to replace vegetation clear;

2.

Diameter, species name and location of all significant trees and vegetation to be retained;

3.

Proposed vegetation protection measures;

4.

Any other measures proposed to restore the environmental and aesthetic benefits previously provided by on-site vegetation.

C.

Professional Review or Recommendation. Submittal of, or agreement to submit, a review, evaluation, recommendation or plan related to vegetation clearing or replacement prepared by a professional such as a landscape architect, surveyor, or certified arborist. Services may include, but are not limited to:

1.

Providing a written evaluation of the anticipated effects of proposed construction on the viability of trees on-site; and/or

2.

Developing plans for, supervising, and/or monitoring implementation of any required tree protection or replacement measures; and/or

3.

Post-construction site inspection and evaluation.

D.

Sensitive Area Mitigation Plan. Identify measures proposed for mitigation of vegetation clearing in a sensitive area and/or its buffer per the adopted sensitive areas ordinance.

E.

Time Schedule. Proposed time schedule of vegetation removal, relocation and/or replacement, and other construction activities which may affect on-site vegetation, sensitive area, sensitive area buffer, and/or shoreline zone.

F.

Additional Studies and Conditions. The building official may require supplemental studies or other documentation, or specify conditions for work, at any stage of the application or project as he/she may deem necessary to ensure the proposal's compliance with the requirements of this chapter, the adopted sensitive areas ordinance, or to protect public or private property. These conditions may include, but are not limited to, hours or seasons within which work may be conducted, or specific work methods.

(Ord. 541 § 1 (part), 1999)

The building official may waive the requirement for any or all plans or permit materials specified in this chapter upon finding that the information on the application is sufficient to demonstrate that the proposed work will meet the approval criteria detailed in this chapter and other town ordinances. All waivers must be granted in writing and kept on file with the permit application. Such waiver of a requirement for permit materials shall not be construed as waiving any other requirements of this or related regulations.

(Ord. 541 § 1 (part), 1999)

A.

Fee Required. A nonrefundable permit application fee will be collected at the time of submittal of a tree clearing permit application. The application fee will provide for the cost of plan review, administration and management of the permitting process, inspections, and processing of exceptions to standards and appeals pursuant to this chapter. The application fee shall be established, and may be amended, by the city council.

B.

Fee Amount. The town clerk shall collect a fee of one hundred dollars for processing a tree clearing permit, except as noted in this chapter.

C.

Fee Exception. No fee shall be required for vegetation clearing associated with land- altering activity approved under a land-altering permit.

(Ord. 541 § 1 (part), 1999)

A.

In addition to any permit materials or conditions specified pursuant to this chapter, if in the opinion of building official the nature of the work is such that it may create a hazard to human life or endanger adjoining property, then the building official may require the applicant to submit a certificate of insurance.

B.

The certificate must show that the applicant is insured against claims of damages involving personal injuries and property in an amount prescribed by the building official in accordance with the nature of the risks involved and the following minimum amounts:

1.

Bodily injury liability: one million dollars per occurrence;

2.

Property damage liability: one million dollars per occurrence.

C.

All insurance policies obtained in accordance with these provisions shall name the town of Darrington as an "additional insured" and shall be written by a company licensed to do business in the state of Washington.

(Ord. 541 § 1 (part), 1999)

To mitigate damages should they occur as a result of clearing which is not authorized by a tree clearing permit, the building official may require from the applicant a bond, letter of credit, or other means of security acceptable to the town. The following provisions shall apply in instances where such securities are required:

A.

The required security shall be submitted prior to the issuance of a tree clearing permit.

B.

The security shall be equal to town staff's best estimate of possible costs directly associated with replacement of cleared vegetation which has not been authorized to be cleared under a tree clearing permit (e.g., the replacement of vegetation approved for retention, or the installation of replacement plantings which the applicant has failed to install as required). In no case shall the security exceed an amount to equal to two and one-half times the current cost of replacing the plants per the tree replacement requirements of this chapter.

C.

The security shall not be fully released without final inspection and approval of completed work by the town, submittal of any post-construction evaluations, or following any prescribed trial maintenance period required in the permit.

D.

Securities provided in accordance with this chapter may be redeemed in whole or in part by the town of Darrington upon determination by the building official that the applicant has failed to fully comply within the time specified, with approved plans and/or any remedial or enforcement actions mandated in accordance with this chapter.

(Ord. 541 § 1 (part), 1999)

To the extent that vegetation retention and/or replacement is consistent with project feasibility or reasonable use of the property, vegetation clearing shall be planned and conducted to meet all of the criteria below. These criteria shall be the basis for approval; approval with conditions or denial of any tree clearing included in a tree clearing permit application.

A.

Tree Retention. Site improvements shall be designed and constructed to retain as many existing healthy trees as possible, and to meet the following criteria:

1.

Priority shall be given to retention of existing stands of trees, trees at site perimeter, trees within the shoreline low impact environment, in sensitive areas or sensitive area buffers, and healthy mature trees;

2.

All understory vegetation within the essential root zone of protected trees shall be:

a.

Retained, or

b.

Removed by methods which are non-damaging to the tree, and replaced with vegetation with horticultural requirements which are compatible with protected trees;

3.

Vegetation removal shall be undertaken in such a manner as to preserve, to the degree possible, the aesthetic and ecological benefits provided by such vegetation.

B.

Tree Protection Measures.

1.

The proposal shall include tree protection measures which meet or exceed best management practices and current standards of professional arboricultural, and which are sufficient to ensure the viability of protected trees and other vegetation identified for retention pursuant to requirements of this chapter, and shall include measures sufficient to protect any sensitive area, its buffer and vegetation within the shoreline low impact environment.

2.

During clearing and/or construction activities, all protected vegetation shall be surrounded by protective fencing, which prevents adverse impacts associated with clearing from intruding into areas of protected vegetation.

C.

Tree Replacement. The site shall be planted with trees to meet the following minimum requirements:

1.

Each existing significant tree removed shall be replaced with new tree(s) based on the size of the existing tree as shown in subsection 2 of this subsection, up to a maximum density of seventy new trees per acre.

2.

Tree Replacement Ratios.

3.

Prior to any vegetation removal, the applicant shall demonstrate through a landscape plan, sensitive area mitigation plan or other materials required per the requirements of this chapter that vegetation replacement will meet the following minimum standards:

a.

Minimum sizes shall be two-inch caliper for deciduous trees, six to eight feet in height for evergreen trees, twenty-four inches in height for shrubs, and one gallon for groundcover;

b.

Replacement plants shall meet current American Association of Nurserymen standards for nursery stock;

c.

Planting and maintenance of required replacement vegetation should be in accordance with best management practices for landscaping, which ensure the vegetation's long-term health and survival.

D.

Surrounding Environment. The timing of and methods to be used in any proposed vegetation removal shall be such that impacts to protected vegetation, wildlife, fisheries and the surrounding environment are minimized.

E.

Tree Relocation. Tree relocation shall be carried out according to best management practices, and trees proposed for relocation shall have a reasonable chance of survival.

(Ord. 541 § 1 (part), 1999)

A.

Exception Criteria.

1.

The building official may grant exceptions from the requirements of this chapter when undue hardship may be created by strict compliance with the provisions of this chapter. Any authorization for exception may prescribe conditions deemed necessary or desirable for the public interest, or necessary to meet the intent of this chapter. All exceptions granted shall be in writing and kept on file with the permit application.

2.

An exception to this chapter shall not be granted unless all of the following criteria are met:

a.

Strict compliance with the provisions of this code may jeopardize project feasibility or reasonable use of property;

b.

Proposed vegetation removal, replacement, and any mitigate measures proposed are consistent with the purpose and intent given in this chapter;

c.

The granting of the exception or standard reduction will not be detrimental to the public welfare or injurious to other property in the vicinity.

3.

In addition to the above criteria, the building official may also consider any of the following in reviewing an exception request:

a.

The recommendation of a certified arborist supports the exception;

b.

The size of the site or project cannot support the number of required replacement trees, and off-site tree planting is proposed which furthers the goals of this chapter and other town policies;

c.

On-site planting of all required replacement trees is not feasible, and the project includes an equivalent contribution in funds and/or labor and materials for off-site tree planting as jointly agreed by the applicant and building official;

d.

Smaller-sized replacement plants are more suited to the species, site conditions, and to the purposes of this chapter, and are planted in sufficient quantities to meet the intent of this chapter.

B.

Retention and Replacement of Canopy Cover. Or undeveloped sites or sites with dense stands of trees, where the cost of identification of individual tree species and sizes is inordinate relative to the project, the director may allow the applicant to use the tree canopy cover approach outlined below to calculate retention and replacement of trees:

1.

The site shall have a minimum canopy cover equal to twenty percent of the site area, or equal to the existing canopy cover whichever is less.

2.

To meet the requirements for site canopy cover, canopy cover may consist of any combination of existing trees and replacement trees. Canopy cover of each new tree shall be calculated at three hundred fourteen square feet.

C.

Exception Procedures. An application for any exception from this chapter shall be submitted in writing by the property owner to the building official, and shall accompany the application for a tree clearing permit. Such application shall fully state all substantiating facts and evidence pertinent to the exception request and include supporting maps or plans. The building official shall not grant an exception unless and until the applicant provides sufficient reasons justifying the exception.

(Ord. 541 § 1 (part), 1999)

A.

If the proposed vegetation clearing and permit application meet the requirements of this chapter, the building official shall approve the application and issue the tree clearing permit. All tree clearing permits and exceptions shall be processed as Type 1 decisions.

B.

If the tree clearing permit application is not approved, the building official shall inform the applicant in writing of the reasons for disapproval.

C.

From the date of issuance, permits shall be valid for a period of one hundred eighty days.

(Ord. 541 § 1 (part), 1999)

A.

Plan Conformance. All work must be performed in accordance with approved permit plans specified in this chapter or revised plans as may be determined by the building official. The applicant shall obtain permission in writing from the building official prior to modifying approved plans.

B.

Tree Protection Measures. All tree and vegetation protection measures shown on approved permit drawings shall be installed prior to initiation of any clearing or land-altering activity.

C.

Protection of Property. The applicant shall at all times protect improvements to adjacent private properties and public rights-of- way or easements from damage during clearing. The applicant shall restore to the standards in effect at the time of the issuance of the permit any public or private improvements damaged by the applicant's operations.

D.

Maintenance Responsibility. All protected and replacement trees and vegetation shown in approved tree clearing permit materials shall be maintained in healthy condition by the property owner throughout the life of the project, unless otherwise approved by the building official in a subsequent tree clearing permit.

(Ord. 541 § 1 (part), 1999)

The following actions shall be considered violations of this chapter: clearing, planting, relocation, or maintenance of vegetation not authorized under or in accordance with an approved tree clearing permit, where such permit is required, or not in accordance with the provisions of this chapter. Each tree, which is cleared, not replaced or not maintained as required by this chapter, shall constitute a separate violation.

(Ord. 541 § 1 (part), 1999)

A.

General. In addition to the notice and order measures prescribed under the, civil violations provisions of the Darrington Municipal Code, as now in effect or as amended hereafter, the building official may take any or all of the enforcement actions prescribed in the ordinance codified in this title to ensure compliance with, and/or remedy a violation of the ordinance codified in this title; and/or when immediate danger exists to the public or adjacent property, as determined by the building official.

1.

The building official may post the site with a stop work order directing that all vegetation clearing not authorized under a tree clearing permit cease immediately. The issuance of a stop work order may include conditions or other requirements, which must be fulfilled before clearing, may resume.

2.

The building official may, after written notice is given to the applicant, or after the site has been posted with a stop work order, suspend or revoke any tree clearing permit issued by the town.

3.

No person shall continue clearing in an area covered by a stop work order, or during the suspension or revocation of a tree clearing permit, except work required to correct an imminent safety hazard as prescribed by the building official.

B.

Injunctive Relief. Whenever the building official has reasonable cause to believe that any person is violating or threatening to violate this chapter or any provision of an approved tree clearing permit, the building official may institute a civil action in the name of the town for injunctive relief to restrain the violation or threatened violation. Such civil action may be instituted both before or after, and in addition to, any other action, proceeding or penalty authorized by this chapter.

C.

Inspection Access.

1.

The building official may inspect a property for the purpose of inspection for compliance with the provisions of a tree clearing permit or this chapter.

2.

Where deemed necessary by the town planner to ensure compliance with permit requirements, upon completion of all requirements of a tree clearing permit, the applicant shall request a final inspection by contacting the building official. The permit process is complete upon final approval by the building official.

D.

Remedial Measures Required. In addition to penalties provided for in this chapter, the building official may require any person conducting vegetation clearing in violation of this chapter to mitigate the impacts of clearing by carrying out remedial measures. The following provisions shall apply in instances where such remedial measures are required:

1.

The applicant shall satisfy the permit provisions as specified in this chapter.

2.

Remedial measures must conform to the purposes and intent of this chapter. In addition, remedial measures must meet the standards specified in this chapter and applicable standards for mitigation outlined in the adopted sensitive areas ordinance.

3.

Remedial measures must be completed to the satisfaction of the building official within six months of the date a notice and order is issued for within the time period otherwise specified by the building official.

4.

The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures, the building official may redeem all or any portion of any security submitted by the applicant to implement such remedial measures, pursuant to the provisions of this chapter.

(Ord. 541 § 1 (part), 1999)

A.

Liability for any adverse impacts or damages resulting from work performed in accordance with a tree clearing permit issued on behalf of the town within the town limits, shall be the sole responsibility of the owner of the site for which the permit was issued.

B.

Issuance of a tree clearing permit and/or compliance with permit provisions or conditions shall not relieve an applicant from any responsibility otherwise imposed by law for damage to persons or property in an amount greater than the insured amount required by this chapter.

C.

Nothing contained in this chapter shall be deemed to relieve any property owner within the town limits from the duty to keep any tree or vegetation upon his property or under his/her control in such condition as to prevent it from constituting a hazard or a nuisance.

D.

The amount of any security shall not serve as a gauge or limit to the compensation collect from a property owner as a result of damages associated with any vegetation clearing.

(Ord. 541 § 1 (part), 1999)

A.

Whenever conflicts exist between this chapter and federal, state or local laws, ordinances or regulations, the more restrictive provisions shall apply.

B.

Neither this chapter nor any administrative decisions made under it exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit.

(Ord. 541 § 1 (part), 1999)