Loading...
HomeMy WebLinkAbout5309 ORDINANCE NO. 5309 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 13.10 of the Bremerton Municipal Code entitled "Municipal Trees" relating to Low Impact . Development. WHEREAS, the City Council desires to update the provisions of Chapter 13.10 of the Bremerton Municipal Code relating to Low Impact Development and to make related changes;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 13.10 of the Bremerton Municipal Code entitled "Municipal Trees" is hereby amended to read as follows: 13.10.010 PURPOSE. It is the policy of the City of Bremerton,to regulate and control planting, removal, maintenance and protection of trees and shrubs on public areas of the City to eliminate and guard against dangerous conditions which may result in injury to persons using public areas of the City; to promote and enhance the beauty of the City; to prevent damage to any overhead or underground utilities, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal and maintenance practices; to guard all trees and shrubs on public areas against the spread of disease and pests; and to increase public awareness of tree benefits and proper planting and maintenance practices through education. The provisions of this ordinance shall apply to: 1)all trees and shrubs presently or hereafter planted in or upon any public area; and 2) all trees and shrubs planted in or upon any private premises which directly affect overhead and underground utilities, sidewalks, streets, public property, or cause unsafe viewing distances. 13.10.020 DEFINITIONS. (a) Critical root zone (CRZ) shall be defined as the minimum area of root protection azound the trunk of a tree. The CRZ is based on the area that results from measuring at diameter breast hei t(DBHI or 4.5 feet above the Qround, 1.25 feet outwards from the trunk for everv_ inch of hunk diameter. A minimum of 6 feet diameter must be nrotected around small trees re�ardless of diameter. (ab) "Public area" shall include all public streets,roads, boulevards, sidewalks,planter strips, city-owned rights of way,parks, and the lands owned or leased by the city which are accessible to the public but not including municipal utility watershed or forest lands. (�c) "Municipal trees and/or shrubs" shall include all woody vegetation presently or � hereafter planted on any public areas. 1 Chapter 13.10—Municipal Trees (ed) "Maintenance" and "Protection" shall include but not be limited to all operations of watering,pruning, spraying,bracing, inspection and other actions necessary to the health and aesthetics of the tree or shrub. (�e) "Hazardous tree or shrub" shall be defined as any tree or shrub or part thereof growing on private or public property,which: obstructs or impairs the free and full use of a public area, interferes with overhead or underground utilities, is afflicted with or weakened by a contagious or fatal disease, causes unsafe viewing distances, blocks or impedes usage of street or sidewalk, or presents an imminent and foreseeable danger to persons or property. 13.10.030 RESPONSIBILITY FOR MUNICIPAL TREES. (a) Private property owners will be responsible for the maintenance and liability of municipal trees adjacent to their property that have been planted by the owner or prior owners, or for which responsibility has been assumed by the owner through a recorded agreement with the City. (b) Private properiy owners may prune or remove municipal trees adjacent to their property after approval is received from the c-�-�be�e�es�e�Citv Arborist. If approval is denied,the tree shall become the City's responsibility and shall be inventoried as such by the Parks and Recreation Department. (c) Property owners and/or occupants are responsible for notifying Engineering in the case that a municipal tree or shrub adjacent to their property space is creating a hazard, so that remedial actions can be taken. (d) Private groups may arrange for the planting or maintenance of areas of municipal trees under the authorization of the Parks and Recreation Department. 13.10.040 DAMAGE TO TREES AND SHRUBS. Unless authorized by this chapter, no person shall in any public area of the City, break, injure, mutilate, kill,destroy,prune or remove any tree or shrub; permit any animal under his or her control to do so; permit any fire to injure any portion of any tree or shrub; permit any toxic chemical to seep, drain, or be emptied on or about any tree or shrub. Prior to building operations, municipal trees and shrubs shall have secured protection barriers surrounding, at minimum,the critical root zone of plants. No equipment stockpilin�, traffic, or soil disturbing activities shall occur within the critical root zone of municipal trees and shrubs. �e�:�Persons responsible for damage to trees on public areas shall be penalized pursuant to the Bremerton Municipal Code Section 13.04.180 regarding damage to park property, and Section 13.04.040. 13.10.050 FASTENING MATERIALS TO TREES OR SHRUBS. No person shall fasten any sign, rope, wire, or other materials to,around, or through any municipal tree or shrub without obtaining permission from the Parks and Recreation Department, except in emergencies such as storms or accidents,pursuant to Section 13.04.030 of the Bremerton Municipal Code. 13.10.060 PUBLIC UTILITIES. Public utility work affecting trees or shrubs on public azeas shall be limited to the actual necessities of the services of the company and such work shall be done in a neat and professional 2 Chapter 1�.10—Municipal Trees manner. The utility sha11 notify the Parks and Recreation Department of any plans for maintenance on public areas and consult with the Parks and Recreation Departrnent should any trees need to be topped or removed so that they may suggest ways to preserve the beauty or symmetry of the tree and keep removals to a minimum. 13.10.070 MASTER URBAN TREE PLAN. A Master Urban Tree Plan sha11 be developed by the Parks and Recreation Department for park and municipal trees and approved by Council resolution. It will be based upon an inventory of existing municipal trees in these areas and an evaluation of the site and space factors which will aid in the determination of those trees best suited for Bremerton's urban environment and result in the development of a long-range plan for future planting and maintenance. 13.10.080 PLANTING, PRUNING,REMOVAL,AND MAINTENANCE STANDARDS. The following standards are hereby established for the planting,pruning, removal, and maintenance of municipal trees and shrubs in the public areas of the City. All planting of trees and other landscaping in public areas of the City, including the rights-of-way, shall be in conformance with the City's engineering design and construction standards: (a) Planting. (1) All trees will be not less than one and one-half(1-1/2) inch caliper and be No. 1 grade, as described by the American Association of Nurserymen(AAN). (2) Soil amendments, in accordance with the stormwater manual in BMC Chapter 15.04.020, shall be provided in all planting areas prior toplanting: (�3) No tree or shrub will be planted closer than two (2) feet from the curbline or ten(10) feet from a driveway or alley. Trees shall be spaced at intervals of at least twenty (20) feet depending upon species and the expected height of the tree at maturity. Plantings at or near intersections shall be spaced in accordance with sight distance specification in the City's engineering design and construction standards. (�4� Sidewalk cuts, where necessary, shall be approved by the Engineering Division and will be a minimum of four(4) feet in diameter so as to allow the natural percolation of water. Paver blocks, cobblestones or tree grates or other permeable surfaces will be used to fill the sidewalk cuts around trees. (45� All young trees, for a minimum of one (1) year, shall be securely staked and guyed until the roots become established. (�6) Municipal trees and shrubs planted prior to the passage of the ordinance codified in this section are exempt from these planting standards. (6) A list of recommended species of municipal trees is available from the Parks and Recreation Department for those desiring to plant municipal trees in City azeas adjacent to their properties. Approval of the tree species is required by the City� �e�e�eFArborist prior to planting, if it is not on the recommended species list. (�� Public education programs regarding tree planting,care and maintenance will be provided by the Parks and Recreation Department in conjunction with Arbor Day festivities each year in April to encourage public involvement in tree planting. Additionally, the Parks and Recreation Department will maintain a tree library available for use by the public. (b) Pruning. Pruning of any municipal tree on any public area must be authorized by the Parks and Recreation Department's City T r�'��� �'^���*�rArborist or performed 3 Chapter 1.i.10—Municipal Trees by City employees at the discretion of the Department. Trees are pruned to preserve their health and appeazance, and to eliminate safety and utility concerns, which will increase their longevity in the urban area. (1) Pruning Defined. (i) Fine Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one-half(1/2) inch in diameter. (ii) Medium Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one(1) inch in diameter. (iii) Safety Pruning: removal of the dead,diseased and/or weak branches to a size that in falling would injure a person and/or property. (iv) Cut Back to Topping: cutting back, drop crotching or topping consists of the reduction of tops, sides,underbranches, or individual limbs with attention given to symmetrical appearance. (2) All trees and shrubs which have branches overhanging a public street or boulevard shall have said branches pruned to a clearance height of fourteen (14) feet. Those overhanging a public sidewalk shall be pruned to a clearance height of eight(8) feet. The provisions of this section may be waived by the Parks and Recreation Department in the case of newly planted trees so long as they do not interfere with public parking,travel or safe viewing distances at intersections, or endanger public safety as determined by the Engineering Division. Any tree or shrub on private property which hangs over a city right-of-way which is not pruned as herein provided shall be subject to the provisions of BMC 13.10.090. (3) All dead wood, stubs, broken branches, badly formed branches, diseased branches, and branches interfering with public travel, lighting,existing buildings and traffic signs, shall be removed during the pruning operation, with consideration given to the symmetry and beauty of the municipal tree or shrub. (c) Removal. (l) All municipal trees and shrubs which have fallen or been authorized for removal shall be completely removed from the growing site and disposed of in an authorized manner. The stump shall be ground out to a depth suitable for future planting of trees or turf: (2) When municipal trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected, when possible, in as close a proximity as spacing permits. Trees removed due to health, age, size for its location, or undesirable species type shall be replaced, when appropriate/available,with a suitable tree or shrub which will not produce the same problem in accordance with this section. (3) No municipal tree or shrub shall be removed from any public area for the sole purpose of providing a view for any private property or individual. (d) Maintenance. (1) All municipal trees will receive routine maintenance on a four(4) year cycle. (2) Special consideration will be given to the watering, weeding and protection of young trees during the first three (3) years. (3) The use of biological controls and sprays will be encowaged and used by City employees whenever possible in the treatment of insect infestation in trees on city lands and rights-of-way. ' 4 Chapter 13.1 D—Municipal Trees �) Preserve and maintain park soils for lon�-term tree health. Protect soils from compaction, allow plant debris or its equivalent to be left on the soil surface to replenish or�anic matter, and reduce chemical inputs to soil, where possible. For lawns and hi�h- nutrient-demand landscapes, consider addin� '/4 to '/Z inch of compost raked into landscape in spring or fall. 13.10.090 NUISANCE ABATEMENT. On Private Properties- Abatement of nuisances on private property with trees or shrubs determined to be hazardous or public nuisance to public areas, such as streets and sidewalks,will be handled in accordance with the nuisance abatement procedures set forth in Chapter 6.08 BMC. 13.10.�A-100 COST OF PLANTING,REMOVING, MAINTAINING AND PROTECTING TREES AND SHRUBS. The costs of planting, removing,maintaining and protecting trees and shrubs on all public azeas of the city, when done by Parks and Recreation Department and Public Works Department shall be borne by the city out of the Parks and Recreation Department and Public Works Department budgets as assets allow, and from funds donated or grant monies received specifically for that purpose. When a private party plants,removes, maintains or protects trees pursuant to BMC 13.10.080,that party shall be responsible for a11 incurred costs. SECTION 2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED b the Ci Council the �� da of [� ,�1�V1� , 2016 Y h' Y : � ERIC YO GER, cil President Approved this�day of D7���I17 c�il`' , 2016 PATTY LE , ayor ATTEST: APPROVED AS TO FORM: 5 Chapte�13.10—Municipal Trees . SHANNON CORIN, City Clerk R ER A. LUBOVICH, ' PUBLISHED the 8� day of �/�v�fY!1�°� , 2016 EFFECTIVE the__�� day of �2�'Jt- , 2016 ORDINANCE NO. D R:\LcgalV.egal\Ordinances\Public Works&Utilitics�BMC Chapter 13.10-LID Update 2016 docx 6 Chapter 13.10—Municipal Trees ORDINANCE NO.5309 AN ORDINANCE of the City Council of the City of Bremer- ton, Washington, amending Chapter 13.10 of the Bremer- ton Municipal Code entitled "Municipal Trees"relating to Low Impact Development. PASSED by the City Council on the 2nd day of November, 2016. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,Bremerton, WA 98337. NOV.8,2016 AD#1348426 AFFIDAVIT OF PUBLICATION Account#342133 AD#1348426 STATE OF WASHINGTON COUNTY OF KITSAP I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publi- cation hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date,to wit:And on November 8, 2016 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of$51.87. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 8, 2016. Cts •• SSIONFA x.j Ami •:fir• ..••■• N•. PUBL�G �_ •O� 9j•;�Lr8,?°?1'c..���� F�F wASN`a• Ord( n c _. 6 5aq