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1 PUBLIC TREE POLICY 1.0 AUTHORITY 2.0 GOALS 3.0 SCOPE 3.1 UTILITY LANDS EXCEPTION 3.2 ENVIRONMENTALLY SENSITIVE AREAS 3.3 OVERLAY AREA ESTABLISHMENT 3.4 PUBLIC UTILITY/AGENCY EXCEPTION 4.0 ADMINISTRATION 4.1 PARK DIRECTOR 4.2 PUBLIC WORKS DIRECTOR 5.0 TREE COMMITTEE 5.1 TREE COMMITTEE RESPONSIBILITIES 6.0 URBAN FOREST MANAGEMENT PROGRAM 6.1 MANAGEMENT PLANS 6.2 PLAN COMPONENTS 6.3 PUBLIC TREE OVERLAY AREAS 6.4 PLAN PROCESS 6.5 PLAN IMPLEMENTATION 7.0 PLANTING STANDARDS 7.1 PLANT MATERIAL 7.2 PLANTING METHODS AND WORKMANSHIP 7.3 RIGHT-OF-WAY STREET TREE SPACING AND LOCATION 8.0 TREE/LANDSCAPE MAINTENANCE 8.1 MAINTENANCE STANDARDS FOR NEW PLANTINGS 8.2 MAINTENANCE CLASSES FOR ESTABLISHED TREES 8.3 MAINTENANCE STANDARDS FOR ESTABLISHED TREES 8.4 TREE PROTECTION 8.5 PEST MANAGEMENT 8.6 SIGNIFICANT/HISTORICAL TREES 9.0 PERMITS 9.1 MASTER PERMIT 9.2 PROJECT PERMIT 9.3 PERMIT CRITERIA 9.4 LIABILITY 9.5 OTHER GOVERNMENTAL AGENCIES 9.6 PERMIT REQUIREMENT EXCEPTION 10.0 TREE REMOVAL 10.1 TREE REMOVAL CRITERIA 10.2 TREE REMOVAL PROCESS 10.3 COST BURDEN TREE REMOVAL 10.4 TREE/LANDSCAPE LOSS MITIGATION 10.5 COST BURDEN TREE MITIGATION/REPLACEMENT 10.6 VALUATION OF TREES 10.7 VIEW CLEARING 10.8 HAZARDOUS TREES 10.9 NOTICE OF INTENT TO REMOVE 10.10 NOTICE OF INTENT TO REMOVE EXCEPTION 11.0 EMERGENCY PROCEDURES 11.1 JURISDICTION 11.2 PROCEDURE IN EMERGENCY INCIDENTS 12.0 PENALTIES 13.0 APPEALS 13.1 CITY STAFF DECISION 13.2 JUDICIAL APPEALS 14.0 DEFINITIONS 15.0 APPENDIX ---PAGE BREAK--- 2 1.0 AUTHORITY This policy is adopted pursuant to Ordinance 1948-93, (Appendix 11) to implement the provisions of said ordinance. 2.0 GOALS The urban forest management policy is intended to achieve the following goals: A. In the short term, no net loss of forest canopy cover on city owned public lands; in the long term, measurable gain. B. Protect the urban forest canopy by authorizing the removal of trees only where required in the interest of public welfare, and only where no reasonable and effective alternative exists. C. Promote the planting of significant trees where space and other conditions permit. D. Maximize biodiversity and reduce risk of epidemic insect or disease problems by planting a variety of tree species with no more than 10% of street trees in any one species. E. Protect and plant native plant species where appropriate. F. Plant trees in locations that maximize their ability to grow normally while minimizing damage to the essential infrastructure of the city. G. Establish high level maintenance of the urban forest through adopted standards. H. Cooperate with other city departments to establish an effective means of achieving the goals and purposes of the urban forest management plan with maximum coordination with those department’s normal activities. I. Establish an educational arm of urban forestry to enlighten the public and other agencies of the importance of the urban forest and the policies in place to protect and enhance it. 3.0 SCOPE This policy shall apply to all parks, city rights-of-way, and municipally owned lands within the city limits of Everett, except as provided for in this section. 3.1 UTILITY LANDS EXCEPTION Utility lands located outside the contiguous boundaries of the city of Everett, specifically lands located at Lake Chaplain managed by the Public Works Department under a federally approved management plan, shall be exempted from all provisions of this policy. This policy shall apply to those trees on public right-of-way which are planted and/or maintained by the City, or trees which interfere with any improvement. 3.2 ENVIRONMENTALLY SENSITIVE AREAS Nothing in this policy shall in any way alter or amend the provisions of the city’s environmentally sensitive areas’ regulations set forth in Section 37 of the Everett Zoning Code now or as amended. Lands within environmentally sensitive areas which are owned by the city of Everett, or lands under restricted use as a result of sensitive environmental characteristics identified in the Everett Zoning Code, shall not be altered except as provided for in Section 37 of the Everett Zoning Code. Where conflicts exist between tree maintenance and other provisions of this policy and the environmentally sensitive area’s ordinance, this ordinance and the environmentally sensitive areas ordinance, the environmentally sensitive areas ordinance shall be controlling. 3.3 OVERLAY AREA ESTABLISHMENT Upon approval by the Planning Commission, the Parks Board and City Council, overlay areas may be established that set forth requirements or specifications for tree plantings. The basic framework relative to tree plantings shall be drawn from this policy. Overlay areas may include but are not limited to: central business district (downtown or Everett Mall areas), historic districts, entry corridors, gateway corridors, sub-area plans, or neighborhood areas. A. Within Historical Overlay Districts and other identified historic neighborhoods and districts, the Parks Board and Tree Committee will work together with the Everett Historical Commission to develop special tree management plans. 3.4 PUBLIC UTILITY/AGENCY EXCEPTION If the application of this policy would unreasonably burden an action by a public agency or public utility, the agency or utility may request an exception pursuant to this policy when: ---PAGE BREAK--- 3 A. There is no other reasonable alternative to the proposed action with less impact on the public land; and B. The proposal mitigates the impacts on the public land areas. 4.0 ADMINISTRATION 4.1PARK DIRECTOR By virtue of Ordinance 1948-93, the Park Director, hereinafter referred to as “Director”, has the authority to implement the following practices: A. The setting of standards for the planting, maintenance, protection, preservation, removal and replacement of existing trees. B. Planning and planting of trees for future benefit of the citizens of Everett. C. Protection of existing trees through a cost effective, integrated pest management program which uses the most effective treatment of insect infestation and disease with minimal harm to non target organisms. D. Replace existing trees having undesirable growth or location, or chronic infestations of insect pests or disease. E. Approval of all tree plantings and work done by others on trees on public property. 4.2PUBLIC WORKS DIRECTOR The Public Works Director has the authority to manage city owned property at Lake Chaplain that is the City of Everett watershed and is managed by the Public Works Department under a federally approved management plan. 5.0 TREE COMMITTEE The Tree Committee authorized in City of Everett Public Tree Management Ordinance is a subcommittee of the Everett Board of Park Commissioners, hereinafter referred to as the “Park Commission.” The primary responsibility of the Tree Committee shall be to review and make recommendations to the Parks Commission concerning the implementation of the Public Tree Policy. Provided, however, on issues concerning the revision or establishment of standards or regulations concerning the City’s urban forestry, the Tree Committee shall make its recommendations to the City’s Planning Commission in addition to the Parks Commission Board since these issues may affect the City’s comprehensive plan, zoning code, subdivision code and other land use regulations. The Tree Committee shall consist of seven members. To the extent practical, the following shall compose the Tree Committee: One representative from each of the following groups: Council of Neighborhoods, Historical Commission, Planning Commission and the Parks Commission. The remaining three members shall be residents of Everett who have demonstrated their interest in conservation, and to the extent possible, shall have a background in forestry, arboriculture, horticulture or landscape architecture, public relations, business management or law. 5.1TREE COMMITTEE RESPONSIBILITIES A. Assist Urban Forester in developing the urban forest management program. B. Review and approve the annual work plan of the urban forestry division. C. Present the Urban Forestry Annual Report to the Park Board. D. Recommend to the Park Board policies regarding trees and other vegetation on city rights-of- way and other city owned public lands. E. Assist the Urban Forester in promoting landscape installation and maintenance by providing information to the public through educational campaigns, published materials and other opportunities. F. Identify and recommend potential landscaping projects that will further improve the community forest. G. Assist the Urban Forester in planning and implementing Arbor Day celebrations and other activities. H. Recommend policies to identify, publicize and preserve historic and significant trees on both public and private property. I. Encourage and solicit donations and other funding for the urban forestry program or for special projects. ---PAGE BREAK--- 4 J. Assist the Urban Forester in the implementation of management plans and special projects which preserve and enhance the urban forest. K. Consider applications of governmental agencies or individuals to remove public trees. Make recommendation on the removal based on the Tree Removal Criteria (Section 10.1) to the Park Director within thirty (30) days of date of the application. 6.0 URBAN FOREST MANAGEMENT PROGRAM To accomplish the vision expressed in the goals of this policy, the Everett Parks and Recreation Department in conjunction with other appropriate City Departments shall create management plans for the urban forest establishing goals and standards for trees on city owned public lands, rights-of- way, and city parks. 6.1MANAGEMENT PLANS The management plans will include but are not limited to: A. Street tree plan; B. Forestry management plans for City parks; C. Greenbelt/undeveloped right-of-way vegetation management plans; D. Open space vegetation plans. 6.2PLAN COMPONENTS Each plan may include the following components: A. Urban forest mission statement B. Historical background C. Description of the area D. Benefits E. Standards for tree selection, siting, removal and planting F. Inventory of existing trees G. Urban soils H. Action Plan including: 1. Identification of planting sites 2. Prioritized planting program 3. Scheduled maintenance for new and established trees 4. Inspection program for tree related problems and hazards 5. Reforestation plans allowing for phased removal and replacement 6. Five and ten year goals 7. Plans for utilization of waste wood 6.3PUBLIC TREE PLAN AREAS These areas will be used in each forestry management plan to identify the uses and maintenance levels within the forested areas. Maintenance Classes are described in Section 8.2. Ornamental Street Tree Areas Trees planted on public property for beautification of developed right-of-way. Class II maintenance. Undeveloped ROW Areas Areas on public property on or adjacent to undeveloped streets or utility right-of-way. Not developed as ornamental street tree areas. Class III maintenance. Municipal Building Landscape Areas Planting areas on public streets in the downtown business area or adjacent to public buildings. Class I maintenance. Forested Park Areas Existing forested park areas. Class III maintenance. Recreational Park Use Areas Developed park areas, play fields, buildings. Class II maintenance. Public View Corridor Areas Areas on public property designated as view corridors. Replacement of large trees with lower growing plants permitted in these areas. Class III maintenance. Environmentally Sensitive Areas within parks that are considered ---PAGE BREAK--- 5 Areas environmentally sensitive, such as steep slopes, wetlands and stream corridors. Class III maintenance. 6.4PLAN PROCESS The process shall be initiated by the Director or his/her designee. Each Plan shall be reviewed and approved in a public hearing before the Park Board. 6.5PLAN IMPLEMENTATION The urban forest management plan shall be implemented through annual work plan submitted to the Park Board and funded in the Parks Budget as approved by City Council. 7.0 PLANTING STANDARDS To establish a set procedure of operation that enhances the urban forest and can be enforced, the Everett Parks and Recreation Department sets forth the following standards of work and materials for planting trees on city-owned public lands. 7.1PLANT MATERIAL Plant material shall meet or exceed the standards established in the current American Standards for Nursery Stock of the American Association of Nurserymen. (Appendix 1) A. LIST OF RECOMMENDED SPECIES FOR STREETSIDE PLANTING AREAS The goal of tree selection for streetside planting areas is to blend vision for urban design with maintenance requirements and growth characteristics. While there is no perfect urban tree, tree selection for urban planting must be made based on choosing trees with qualities that allow them to function well their planting locations. Many trees have characteristics which could make them unsuitable for planting in streetside locations. These same trees might be good selections for large planting spaces or parks where damage to infrastructure is not a hazard. The list of recommended species for trees on city-owned right of way planting and other public lands is in Appendix 2. B. LIST OF NATIVE SPECIES FOR PARK LAND AND OPEN SPACE AREAS Given appropriate planting locations native trees can be planted where enough space exists above and below ground. Many of Everest’s native tree species have shallow roots and do not tolerate disturbance or urban stresses, and others are not suitable in narrow planting strips because of large shallow root systems. The most frequent use of native trees will be in parks, greenbelts and environmentally sensitive areas. A list of native trees is in Appendix 3. 7.2PLANTING METHODS AND WORKMANSHIP The planting of new stock shall meet or exceed the standards set forth in the Washington State Department of Natural Resources Planting Specifications (Appendix 7.3RIGHT-OF-WAY STREET TREE SPACING AND LOCATION Street trees affect utility infrastructure and public safety. Therefore, the following guidelines have been set to reduce conflicts between trees and streets, sidewalks, sewers, and pedestrian and vehicular safety, while fostering green parks, attractive urban spaces and neighborhoods. These guidelines are based on the size of trees at maturity and should be applied generally in the absence of any specific tree management plan as set forth in Section 3 or Section 7 of this policy, or in the Comprehensive or zoning code requirements. The Director, in cooperation with Public Works and Planning and Community Development Departments, shall have the responsibility to approve a site specific plan including species and make modifications to these standards as appropriate to meet site-specific conditions. These standards shall not be applied to or be used as cause to remove existing street trees that are not hazardous but do not meet the current standards. There are three aspects to the challenge of locating new trees and related plants in an urban setting: to implement the landscape component of the urban design plan; enhance the environment; and to locate plants for minimum interference with the object sand working of society, including utility infrastructure and public safety. A. STREETSIDE SITUATIONS Five general streetside situations are identified below: ---PAGE BREAK--- 6 1. Parkways or tree lawns between curbs and sidewalks—most commonly found in older residential areas but often extend into business districts and other areas. 2. Treelawns not defined by sidewalks as in newer residential areas. 3. Sidewalks extending from curbs to buildings, generally in business districts. 4. Streetsides with no well-defined treelawns, mainly in strip developed commercial areas along major streets. 5. Median planting areas in streets and thoroughfares. B. RIGHT-OF-WAY STREET TREE SPACING AND LOCATION GUIDELINES The following standards are guidelines to assure minimum impact on streets, sidewalks, sewers, and pedestrian and vehicular safety. The guidelines are based on the size of the tree at maturity. The Parks Director in cooperation with the Public Works and Planning and Community Development Departments may authorize modifications to these guidelines that authorize modifications to these guidelines which result in a decrease or increase in the standards. However, any request for a modification shall involve a consultation with an arborist and shall be site and specie specific. RIGHT-OF-WAY STREET TREE SPACING AND LOCATION GUIDELINES CRITERIA SMALL 0 - 30 ft tall MEDIUM 30 - 50 ft tall LARGE 50 ft or taller Required width of planting strip (Center in planting strip as in tree lawns, parkways or median strips) 4 - 6 ft 8 - 10 ft 10+ ft Planting distance behind sidewalk (in lawn areas) 5 ft 7 ft 10 ft Planting distance behind curb with no sidewalk to allow future installation of sidewalks 11 ft 13 ft 16 ft Planting distance behind guardrails 3 ft 3 ft 3 ft Overhead Utilities OK Don’t plant Don’t plant Planting distance from buildings 5 - 10 ft 10+ ft Don’t plant Planting distance from utility poles, driveways, alleys, hydrant 15 ft 15 ft 15 ft Planting distance from sewer lines 10 ft 15 ft 20 ft Planting distance from other underground utilities 3 ft 5 ft 7 ft Minimum distance from intersection 30 ft 30 ft 30 ft 8.0 TREE/LANDSCAPE MAINTENANCE The City of Everett Parks and Recreation Department is responsible for the care and routine maintenance of the trees and landscape in public right-of-way, parks, and other city owned property excluding the city-owned property at Lake Chaplain. In so doing, the Parks Department has the right to declare specifications for pruning, trimming, removal, root care, planting, pesticide and herbicide applications, and general care and maintenance of trees in these areas. 8.1MAINTENANCE STANDARDS FOR NEW PLANTINGS ---PAGE BREAK--- 7 Required maintenance for newly planted trees is more intensive than that for established plantings. The establishment period is generally considered to be three years after planting, and during this time the trees will need water at least during summer, more during drought years. Weed control is necessary at least twice a year and fertilizer should be applied annually. Pruning of damaged or dead branches is necessary at planting and structural pruning is needed again at three years. 8.2MAINTENANCE CLASSES FOR ESTABLISHED TREES Maintenance standards for established trees (over 3 years old) vary depending on the public tree areas. Three levels of maintenance are listed as maintenance classes below: Class I High intensity; pruning, fertilizing, pest management as needed to maintain an attractive appearance (as often as several times per year). Class II Moderate intensity; pruning, fertilizing on a 7 to 10 year rotation. Pest management only when necessary to protect the health of the tree or to prevent spread of pests to other plants. More frequent pruning only in case of emergency or hazardous trees. Class III Low intensity; pruning limited to the removal of hazards. Pest management limited to severe or contagious situations. 8.3MAINTENANCE STANDARDS FOR ESTABLISHED PUBLIC TREES The establishment period is generally considered to be three years after planting. After a public tree is established, the following practices will be implemented. A. Trees shall be maintained in such a manner as not to endanger, interfere, or otherwise conflict with requirements of safe public use of an area. B. Any public tree which becomes a hazard to public safety or obstructs a clear view of street, signs, signals, or intersections due to its growth, age, condition or disease should be corrected to address the problem as further defined in Section 10.8 Hazardous Trees. C. Any public tree which poses a threat to other trees or plants in the community because of an epidemic disease or insect infestation should be treated to control the spread of the problem. D. Stump grinding shall be used as opposed to stump pulling whenever possible, using the procedures defined in Appendix 5. E. All pruning shall be done following “Standards of Pruning for Certified Arborists” developed by the West Coast ISA Certification Committee contained in Appendix 6. Any deviation from these standards must be approved by the Urban Forester. F. All pruning, trimming, repairing, maintaining and removing trees shall adhere to the safety requirements set forth in the most current edition of American National Standard for tree care operations ANSI Z133.1 (Appendix 8.4TREE PROTECTION Trees are a valuable resource to the community. Many activities can threaten the viability of a tree. In response to these dangers, the following standards will apply to all trees on city owned public lands. A. Any activity which impacts public trees requires a permit and shall follow the Tree Protection Standards included in Appendix 7. B. No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of ten (10) feet from any public tree without a written permit from the Urban Forester except in the case of emergency as cited in Section 9.6 or in the case of a master permit. C. No person or agency shall deposit, place, store, or maintain upon any public place of the municipality, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, or fertilizer to the roots of any tree growing therein except in the case of emergency as cited in Section 9.3. 8.5PEST MANAGEMENT The Everett Parks and Recreation Department will develop an integrated pest management (IPM) program to manage insect, disease and weed pests affecting public trees using available strategies that are effective, reasonably priced and least harmful to non target organisms. ---PAGE BREAK--- 8 A. Any chemicals and treatment agents used for tree maintenance shall be subject to the standards and licenses as approved by the State Department of Agriculture. B. Applications of such chemical or treatment agents shall be applied by or under the supervision of State Department of Agriculture Licensed Public Pesticide Applicators. 8.6SIGNIFICANT/HISTORICAL TREES A tree may be determined to be significant or historical by virtue of its species, age, location or connection to an historic event or person such that it contributes significantly to the community. A. The determination of significant trees shall be made by the Everett Park Board upon recommendation of the Tree Committee. Any interested party can nominate trees as significant. B. The determination of historical trees shall be made by the Everett Park Board upon recommendation of the Tree Committee. Nominations for historical trees will be made to the Tree Committee by the Everett Historical Commission. Any interested party can nominate a tree to be nominated as historical to the Everett Historical Commission. C. Trees designated as significant shall be classified using the following classification system. Class A Outstanding: Age, size, specimen, and health. To qualify a tree can be one, two or all of these. Class B Rare: One or very few of a kind; or Unique: Unusual in some form of growth or species. Class C Historical” A tree, which by virtue of its age, its association with or contribution to an historical structure or district, its association with a noted personage or historical event. Class D Significant Group: Outstanding row or group of trees. Class E Landmark Significant: Trees that have become landmarks of the community. D. Trees designated as significant or historical will be inventoried and cataloged. This inventory will be maintained by the EPRD. Information from this inventory will be shared with all affected City departments including Planning, Public Works and the Office of Neighborhoods, to insure that the significance of these trees is recognized citywide. E. In cases where the Parks Board determination of significant or historical trees is appealed, the final decision shall be made by the Everett City Council. F. These trees may require considerable effort and expense to manage. The decision regarding the management of an existing tree will be made by the Parks and Recreation Director based on the following criteria: 1. Species 2. Location 3. Health and vigor 4. Age 5. Present and future size 6. Present and future maintenance needs 7. Perceived community value 8. Landscape “system” in general and the effect of proposed changes. G. Significant trees are subject to hazardous tree criteria in Section 9.8 that shall have bearing on preservation effort given a specific significant tree. 9.0 PERMITS A permit is required for all work done to public trees. There are two types of permits, master and project. The master permit is granted to other city departments on an annual basis to allow the orderly flow of maintenance operations. The project permit is specific to the project and requires individual plans. While the permit process varies according to permit type, there is no permit fee for either type. Both types of permits are issued by the Director or his/her designee. Both the master permit issued to non-city agencies and the project permit shall require the applicant to hold and save the city harmless from any and all damage or injury that might arise as either the direct or indirect result of the applicant’s activities on public property. Both the master permit and the project permit ---PAGE BREAK--- 9 shall require the applicant to be responsible for damages incurred to trees on city owned public lands in the process of the work. Damage is assessed using the valuation standards included in Section 10.4 Tree/Landscape Loss Mitigation and the value of labor and supplies based on approved ISA forestry standards. If a public utility acquires a master permit nothing herein shall preclude the maintenance of utilities by the public utilities if done pursuant to a master permit. 9.1MASTER PERMIT The master permit is granted to other city departments and to other governmental agencies whose routine operations impact trees on public lands. Master permits are valid for one year and cover routine maintenance and operations. A master permit shall not authorize the removal of any tree. Master permits are only available to other city departments through interdepartmental agreements and other governmental agencies through interagency agreements as described in Section 9.6. If a public utility acquires a master permit nothing herein shall preclude the maintenance of utilities by the public utilities if done pursuant to a master permit. A. A master permit is required for the following activities: 1. All work done to trees on city owned public property by any other City of Everett department in the conduct of their routine maintenance activities. 2. All work done in proximity to trees by any City of Everett department on city owned public property. B. A master permit does not cover the following activities: 1. Tree planting and tree removal which are not part of routine maintenance require a project permit except in emergency situations which require immediate attention to protect the safety and well being of the public. 2. A master permit does not cover removal of significant or historical trees. 9.2PROJECT PERMIT The project permit is a case specific permit tied to a defined project. This permit is required for all development projects as part of the permit process, for all private individuals prior to any action affecting trees on public lands, including planting trees on right-of-way, and from other governmental agencies in work outside of the purview of the master permit. It is the responsibility of the Parks Department to coordinate with other City departments any tree removal concerns during the City’s project review in order to permit projects to design their site plans accordingly. A. A project permit is required in the following cases which affect trees on city owned public lands. 1. All work done to trees on city owned public property (excluding Parks and Recreation Department tree maintenance activities and routine maintenance activities performed by another City of Everett department) shall first be authorized by a project permit unless otherwise covered by a master permit. 2. All tree plantings on city owned public lands shall first be authorized by a project permit unless otherwise covered by a master permit. The Parks Department will review new plantings with Public Works Department to coordinate present and future utility and street needs. 3. All tree removal on city owned public property (excluding Parks and Recreation Department tree removal activities) shall first be authorized by a project permit. 4. A project permit is required for all work done in proximity to trees on city owned public property that might adversely affect the health of such trees, (excluding Parks and Recreation Department tree maintenance activities and routine maintenance activities performed by another City of Everett department). B. Project permits shall be obtained through a formal written application process as authorized in Section 9.2 of this policy. Applicants shall complete a written application form available from the Parks Department and reviewed by the Urban Forester. All work must follow the guidelines put forth in this policy and supply additional support information when necessary in order to process the permit. C. Project permits cover a period not to exceed six months. The permit’s expiration will be based on the project’s scope. If work is not completed within that time, a new application must be submitted. ---PAGE BREAK--- 10 D. Project permits shall authorize the removal of a tree only when the application for removal is in accordance with Section 10 of this policy. E. In the event that work is attempted without a project permit or contrary to the provisions of the permit, stop work orders shall be initiated by the Director or his/her designee through written notification to the City Construction Inspector and the City Code Enforcement Officer. Formal stop work orders will follow existing procedures used by the City of Everett Public Works Department. 9.3PERMIT CRITERIA A permit will be issued at no charge by the Director or his/her designee, upon satisfactory completion of the application process and compliance with the following normal operational criteria, as per ISA standards. A. Selection of trees to be planted shall be in accordance with the City of Everest’s approved list of recommended species. B. Location of trees to be planted shall be approved on site by the Urban Forester or his/her designee in accordance with appropriate standards for the subject. C. Pruning or trimming work shall be approved on site by the Urban Forester or his/her designee, according to set ISA Standards. D. Tree removal will only be allowed as stipulated in Section 10 of this policy and shall be conducted in accordance with the standards described in Appendix 5, Stump grinding procedures, and shall be subject to inspection by the Urban Forester or his/her designee. E. All other work shall be done according to accepted arboricultural practices/ISA Standards, and shall be subject to inspection by the Urban Forester or his/her designee. 9.4LIABILITY Any work done with or without a permit or contrary to the provisions of the permit shall be the responsibility and liability of the party doing the work, and the Director shall have the right to remove unapproved plantings and assess charges against the person, firm or corporation responsible for all labor, equipment and materials supplied by the Park Department to correct the situation. This shall not preclude the City from pursuing any other legal remedies which the City deems appropriate. 9.5OTHER GOVERNMENTAL AGENCIES Permits are required for other government agencies for work which affects trees in city parks and on other city owned public lands. This includes work conducted by other City of Everett departments, public utility districts, State agencies, Federal agencies, Snohomish County departments, and Flood Control districts. A. Other City departments and divisions will be granted master permits for routine maintenance operations that may impact trees on public lands based on an interdepartmental agreement to incorporate the standards and guidelines of this policy and Ordinance 1948-93 into the operations of the department. This permit is to be renewed on an annual basis. Master permits do not cover tree removal and tree planting. Planting and removal of trees requires a project permit or a permit exception for emergency which requires a permit after the fact. B. Any public utility maintaining overhead wires or underground wires, pipes or conduits shall obtain a master permit through an interagency agreement prior to performing maintenance work on the wires, pipes, or conduits which would cause injury to street trees. A project permit is required prior to performing any new installation of wires, pipes, or conduits which would cause injury to street trees. C. As part of the building permit process, the Parks and Recreation Department shall be notified of projects that affect trees on city right-of-way, easements, parks, or public land prior to the granting of the permit. 9.6PERMIT REQUIREMENT EXCEPTION If an emergency situation occurs, an exception to the permit requirement will be granted. In cases that pose an immediate threat to public health or safety, a permit may be issued verbally by the Director or his/her designee as described in Section 11.2. Within twenty four hours of the incident a formal permit application shall be submitted, providing a detailed account of the ---PAGE BREAK--- 11 emergency. All incidents are subject to review by the Director of Parks and Recreation or his/her designee. 10.0 TREE REMOVAL In accordance with the goal of no net forest canopy loss, the City of Everett shall replant such trees or replace them wherever it is necessary to remove a tree or trees in connection with any public construction project. 10.1 TREE REMOVAL CRITERIA City trees may be removed only when one or more of the following criteria are met as determined by the Director: A. The tree is infected with an epidemic insect or disease for which removal is the recommended practice to prevent transmission. B. The tree poses an extreme public nuisance. C. The tree poses a safety hazard that pruning, transplanting or other treatments cannot correct. D. The tree severely interferes with the growth and development of a more desirable tree. E. The aesthetic values of the tree is so low or negative that the site is visually enhanced by the tree’s removal. F. Work improvements required will kill or render it a hazard. G. There is no other reasonable alternative to the proposed action. No property owner shall be denied reasonable access to or reasonable development of his/her property as a result of this policy. 10.2 TREE REMOVAL PROCESS With the exception to tree removal pursuant to an adopted park plan, right of way plan or approved City development permit, no tree on city property or right-of-way shall be cut down, killed or removed for any reason, without complying with the following conditions. The person or department seeking to take such action shall: A. File an application with the Urban Forester to be submitted to the Tree Committee. B. Provide notice of the proposed removal on the affected tree in the form and manner required by Section 10.9 of this policy. C. The Tree Committee shall consider the tree removal and make a recommendation to the Parks Director. D. Procure a permit for removal from the Director or his/her designee. E. Mitigate the loss of the removed tree or trees according to City Standards in Section 10.4 Tree/Landscape Loss Mitigation. 10.3 COST BURDEN TREE REMOVAL The burden of cost for tree removal shall be the responsibility of the City of Everett Parks and Recreation Department through approved annual budgetary process only in projects planned and identified in the Urban Forest Management Program. Private parties wishing to seek action outside the scope and intent of the Public Tree Policy shall bear the cost of tree removal for said action. 10.4 TREE/LANDSCAPE LOSS MITIGATION If a tree has been removed or injured by private persons and/or agencies or developers, the person or parties shall mitigate the loss according to the following guidelines. Types of injury include: wounding of its trunk or of major structural branches; grading, trenching, or filling or soil compaction by heavy vehicle traffic of its root zone within the area designated to be disturbance free. A. The person or parties shall pay the City the established monetary value of that tree as set forth in Section 10.6 Valuation of Trees, to pay for the costs of replacement, or B. The City may require the tree to be replaced at the person’s, party’s or developer’s sole expense by paying the City the monetary value of the following: 1. One existing broadleaf tree 6” caliper at 4.5 feet above ground shall be replaced by three 2” caliper trees - species to be chosen by the City. 2. Each additional two inches of caliper on the removed tree shall equal one new tree. ---PAGE BREAK--- 12 3. One existing coniferous tree of thirty foot height shall be replaced by three trees ten feet tall at the uppermost branching point, species to be chosen by the City. 4. Each additional ten feet of height shall equal one new tree. C. Provided that if conditions prevent replanting on site, this requirement will be satisfied if an equivalent number of trees of the same size and species are planted in an attractive manner on the adjoining property, or property designated by the Director or Urban Forester and paid by the person, firm or corporation responsible for the injury and/or removal. 10.5 COST BURDEN TREE MITIGATION/REPLACEMENT The burden of cost for tree mitigation/replacement shall be the responsibility of the City of Everett Parks and Recreation Department through approved annual budgetary process only in projects planned and identified in the Urban Forest Management Program. Private parties wishing to seek action outside the scope and intent of the Public Tree Policy shall bear the cost of tree mitigation/replacement for said action. 10.6 VALUATION OF TREES The value of a tree shall be determined using the formula outlined in the “Guide for Establishing Values of Trees and Other Plants”, by the International Society of Arboriculture (Appendix This value shall be determined by the City or an Arboricultural Consultant prior to any construction work on the site. 10.7 VIEW CLEARING Removal of trees on city owned public lands, parks and rights-of-way to enhance private views shall be permitted only when a Forestry plan for that specific park or area has been approved by the Everett Park Board and adopted by Everett City Council resolution. Request to enhance private views through tree removal may be made to the Department by filing of a permit application. The following criteria shall be considered before granting a permit. A. Clearing for private scenic views shall be allowed only in areas identified in Forestry Management Plans. B. Clearing for private scenic views allowed in areas identified in Forestry Management Plans shall be initiated when the annual work plan and the approved departmental budget include this action. Persons desiring to remove trees identified as such in the forestry management plans when no departmental budget allows for such removal shall have the option to finance the removal of the tree through the tree removal process outlined in Section 10 of this policy. C. Permit applications to clear for private view on city right-of-way will be reviewed for compliance with the Right-Of-Way Vegetation Management Plan. Bank stability may, at the discretion of the Park Director, be subject to geotechnical analysis and certification before any tree is cut for private view enhancement and be paid for by the applicant. The applicant shall mitigate any tree removal in accordance with Sections 10.4 through 10.6. D. Applications to remove trees designated as Significant or Historical (Section 8.6) will be denied. Only ornamental pruning, non-injurious to the designated tree shall be considered for enhancing private view. However, should a tree designated as significant or historical be evaluated as highly hazardous and require repair or replacement, the tree will be posted at least 15 days prior to review of the application by the Tree Committee and written notice will be sent to the Public Works and Planning Departments. E. Topping of any park tree, street tree or other tree on city-owned public property is prohibited. F. Tree clearing shall have a no net loss impact on fish, wildlife, and significant plant species. G. Should the applicable Forest Management Plan not be adequate to provide for resolution of scenic view permit request, the burden of proof lies with the applicant to prove no detriment to the immediate environmental systems. 10.8 HAZARDOUS TREES Designation as a hazardous tree will be according to the Hazard Tree Evaluation System (Appendix 10). Any tree designated as highly hazardous will be repaired or replaced. Where possible, hazardous trees will be pruned rather than replaced. To be designated as a hazardous tree by the Parks Director or his/her designee, one or more of the following criteria must be met: ---PAGE BREAK--- 13 A. Any dead, dying, or diseased tree which by reason of location or condition constitutes an imminent danger to the health, safety, or welfare of the general public or threat of significant property damage. B. Any healthy tree which by reason of location or condition constitutes an imminent danger to the health, safety, or welfare of the general public or threat of significant property damage. C. Any tree, shrub, or other plant or portion thereof whether located on city-owned property or on private property which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a traffic light. D. Any tree, shrub, or other plant or portion thereof whether located on city-owned property or on private property which dangerously obstructs the view in the “visibility triangle” as determined by the City Traffic Engineer pursuant to city ordinance. 10.9 NOTICE OF INTENT TO REMOVE Except where an emergency exists as specified below and in Section 10.10, no tree on city owned public lands shall be removed: A. Any person, department or other governmental agency which intends to remove trees are required to post the tree with an application to remove at least 15 days prior to the meeting of the Tree Committee at which the application for removal will be considered. B. The notice shall state the following: 1. The reason for the proposed removal; 2. The date, time and place of the meeting of the Tree Committee at which the removal of the tree will be considered; 3. That any interested person may submit written comments or appear before the Tree Committee and be heard in connection with the proposed tree removal. C. The notice of intent to remove a tree shall be provided in the following manner: 1. The notice shall be prominently posted on the affected tree(s); 2. Where the affected tree is within the boundaries of any organized neighborhood that has a designated representative to the Council of Neighborhoods, the notice shall be mailed or otherwise delivered to each such representative; 3. In the case of a significant/historical tree, the notice shall be mailed or otherwise delivered to each person who resides or owns any non-residential property, within 300 feet of the affected tree. 10.10 NOTICE OF INTENT TO REMOVE EXCEPTION In the event that an emergency creates a sudden and imminent risk of injury or loss of property, the requirement for posting the notice of intent to remove may be waived by the Director of Parks and Recreation or his/her designee. 11.0 EMERGENCY SITUATIONS Emergency situations arise when a tree becomes hazardous or potentially dangerous as defined in Section 10.8 requiring immediate attention to protect public safety. In cases of emergency situations, emergency procedures will be followed as described in Section 11.2. 11.1 JURISDICTION All public and private agencies or individuals working within the city limits of Everett are required to follow the guidelines set for emergency procedures. 11.2 PROCEDURE IN EMERGENCY INCIDENTS The following are procedures that will be used during emergency incidents: A. Contact Park Ranger, 911, or central dispatch to call Forestry staff. B. File permit within 24 hour period. C. Procedure reviewed by Director and his/her designee. 12.0 PENALTIES The penalties for violation of this policy are set forth in this policy and in Ordinance 1948-93, the City of Everett Public Tree Management Ordinance. ---PAGE BREAK--- 14 13.0 APPEALS Appeals of city staff decisions to remove or authorize the removal of a tree or to place or not place a tree on the significant or historical tree list shall be appealable in the following manner: 13.1 CITY STAFF DECISION Any written decision by the Director or his designee is appealable. File a written appeal with the Director within 10 days of the date of the written decision. The Director’s decision on the appeal can be appealed to the Everett City Council by filing a written appeal with the City Clerk’s office within 10 days following the date of Director’s decision on the appeal. 13.2 JUDICIAL APPEALS Any action of the City under this policy shall be final and conclusive unless within 15 days from the date of the City’s final action an aggrieved party formally makes application to obtain a writ of certiorari from the Superior Court of Snohomish County for purpose of review of the action taken. 14.0 DEFINITIONS Except where specifically defined in this policy, all words used in this policy shall have the meaning commonly or logically associated therewith. When not inconsistent with the context, words used in the present tense include the future, words in the singular include the plural, and words in the plural include the singular. The word “person” may be taken for persons, association, firm, partnership or corporation as well as the individual. The word “shall” is always mandatory, the word “may” denotes a use of discretion in making a decision. Herein follows definitions of specific terms used with this policy in a context that may have a different meaning or connotation than ordinarily associated with such terms. ADJACENT Any lot or property contiguous to or within l00 feet of a proposed development site. ALLEY A public or private way permanently reserved as a means of access to abutting property. AMERICAN ASSOCIATION OF NURSERYMEN National association of nursery workers responsible for setting national standards for plant material. AMERICAN FORESTRY ASSOCIATION National association of foresters responsible for recommending national standards for tree planting and pruning methods. AMERICAN STANDARDS FOR NURSERY STOCK National standards for plant material set by the American Association of Nurserymen referred to as ANSI Z60.1-1980. ARBORICULTURAL Relating to the practice or principles of arboriculture ARBORICULTURE The growing of, and caring for, trees for aesthetic purposes, such as specimen trees, street trees, and shade trees. ARBORICULTURAL CONSULTANT A professional in the field of arboriculture hired for a specific task, purpose or project. BIODIVERSITY A group of plants possessing variable genetic, rather than identical, traits. BUILDING Any structure built for the support, shelter or enclosure of persons, animals, vehicles, mechanical devices or property of any kind. When separated by common walls located on property lines, each portion of such structure shall be deemed a separate building. CALIPER The diameter of any tree trunk measured at a specified height, usually 12 inches, above the ground on the up slope side of the tree. CANOPY The overhead branching structure of a tree or forest. CITY Refers to the municipal government of Everett, Washington. ---PAGE BREAK--- 15 CITY CODE ENFORCEMENT OFFICER The individual responsible for the enforcement of the Everett municipal code. CITY CONSTRUCTION INSPECTOR The construction inspector(s) employed by the Everett Public Works Department to monitor and inspect the progress and completion of construction work in the city of Everett and issue stop work orders for construction projects. CITY COUNCIL The City Council of the City of Everett, a body of seven elected officials. CITY OF EVERETT The municipal government of Everett, Washington, a first class city with Mayor- Council form of government. CITY OWNED PUBLIC LANDS Lands owned by the city of Everett. CITY OWNED PUBLIC PROPERTY Property owned by the city of Everett. CITY RIGHT-OF-WAY A right-of-way managed by the city of Everett. CLASS I. HIGH INTENSITY A classification of maintenance involving pruning, fertilizing, pest management as necessary to maintain an attractive appearance (as often as several times per year). CLASS II. MODERATE INTENSITY A classification of maintenance level involving pruning and fertilizing on a 7 to 10 year rotation. Pest management only when necessary to protect the health of the tree or prevent spread of pests to other plants. More frequent pruning only in case of emergency or hazard created by the trees. CLASS III. LOW INTENSITY A classification of maintenance level where pruning is limited to the removal of hazards. Pest management limited to severe or contagious situations. CLEAR/CLEARING The act of removing or destroying vegetation or other organic plant material by physical, mechanical, or chemical means. CONCRETE A composite material which consists essentially of a binding medium within which are embedded particles or fragments of aggregate; in portland cement concrete, the binder is a mixture of portland cement, water and stone. CONIFEROUS Plants, mostly evergreens, with true cones. CORRIDOR A narrow strip of continuous land such as a right of way forming a public view corridor. COST BURDEN The burden of cost associated with a particular activity or project. COST BURDEN TREE MITIGATION/REPLACEMENT Tree mitigation or replacement financed by the parties who wish to remove trees for the purpose of development or view access. COST BURDEN TREE REMOVAL Tree removal financed by the parties who wish to remove trees for the purpose of development or view access. COUNCIL OF NEIGHBORHOODS Refers to the defined neighborhood organizations within the city limits of Everett which are represented on the Council of Neighborhoods and assisted by the Office of Neighborhoods, a division of the Administration of the City of Everett. CRITERIA Standards on which a judgment or decision may be based. CURB The manufactured ridge separating the street from the adjacent planting strip, sidewalk or lawn, usually in the combined form of curb and gutter. DEPARTMENT The Everett Parks and Recreation Department. ---PAGE BREAK--- 16 DESIGNEE A person designated by the Parks Director to act as his or her representative, empowered in certain situations to have the authority of decision. DETERMINATION A decision made after consideration of all available information. DEVELOPMENT All structures, uses or other modifications of the natural landscape occurring above or below ground or water on a particular lot. DIRECTOR Everett Parks and Recreation Director and his/her designee. DISEASE a condition of a plant that impairs performance of a vital function. DITCHES Trenches which allow for the runoff of excess water, often bordering streets and highways with no curb and gutter. DOWNTOWN The area of Everett bordered by Port Gardner Bay on the West, Broadway on the East, between Everett and Pacific Avenues. DRIVEWAY An area of property designed to provide access between a street and a building or parking area. EASEMENT A temporary or permanent right to use of land owned by another which prohibits the modification of the easement area in such a way to limit or prohibit that use. EMERGENCY PROCEDURES Procedures followed the case of an emergency such as trees down across roads or streets, or injured in such a way to be potentially dangerous to public safety. EMERGENCY SITUATION Incidents requiring a determination of the Director for the immediate removal of potentially hazardous trees. EMERGENCY SITUATION EXCEPTION The exception made for Public Agencies and Utilities to deviate from the normal permit process to allow for rapid response in emergency situations. ENFORCEMENT The actions taken to defend the municipal codes of Everett. ENVIRONMENTALLY SENSITIVE AREAS Any of those areas of the City which are subject to natural hazards or those land form features which carry, hold, or purify water and support unique, fragile, valuable natural resources including fish, wildlife, and other organisms and their habitat. Sensitive areas include the following land form features: erosion hazard areas, landslide hazard areas, seismic hazard areas, steep slope hazard areas, wetlands, streams, flood hazard areas, and their buffers; also a type of public tree overlay area designation attributed to areas within parks that are considered environmentally sensitive areas, such as steep slopes, wetlands and stream corridors. Class III maintenance standards. EPRD Everett Parks and Recreation Department. ESTABLISHED TREES Trees planted three or more previously, and growing at a normal rate. EVERETT A city of 72,000 residents located in northeastern Washington State on Puget Sound approximately 85 miles south of the Canadian Border and 30 miles north of Seattle. EVERETT CITY COUNCIL The seven member council of elected officials responsible for the legislative matters of the city of Everett. EVERETT PARK BOARD A seven member board of commissioners appointed by the Mayor of Everett to give advice on matters of the Everett Parks and Recreation Department. ---PAGE BREAK--- 17 EVERETT PARKS AND RECREATION DEPARTMENT The department of the city of Everett responsible for the administration and operation of the Recreation Division, Grounds Maintenance Division, and the Structural Maintenance Division and other associated programs and activities. FEDERAL AGENCIES Any agency authorized by the federal government of the United States to act in the federal governments behalf, established and financed by the federal government. FERTILIZER A natural or manufactured material added to the soil in order to supply one or more plant nutrients. The term is generally applied to largely inorganic materials other than lime or gypsum sold in the trade. FILLING The mechanical placement of sand, sediment, or other material, usually in submerged lands or wetlands to create new uplands or raise the elevation of land. FOREST A community of trees. FOREST CANOPY COVER The interconnected upper branching structure of a community of trees. FORESTED PARK AREA A public tree overlay area designation attributed to existing forested park areas. Class III maintenance standards. FORESTER A person trained in forestry, the science of developing, caring for or cultivating forests. GEOTECHNICAL Analysis and studies related to earth sciences. GOVERNMENT The organization which a political unit exercises authority and performs functions and which is usually classified according to the distribution of power within it. GRADING Any excavating or filling or combination thereof. GREENBELTS An area of land, many times just a strip of land, which has no development, structure or purpose other than to serve as a buffer in an otherwise developed area. Greenbelts, for the purposes of this document, only include those owned by the city of Everett. HAZARD TREE EVALUATION SYSTEM A rating system employed by the Everett Parks Department to evaluate the degree of hazard a tree possesses with recommendations for remedy. HAZARDOUS TREES Trees possessing the potential to cause damage to property or injury to people. HEIGHT The height of a tree is determined by a measurement from the base of the trunk to the highest point on the tallest branch. HERBICIDE A chemical that is used to control or kill plants. HIS/HER DESIGNEE The person designated by the Parks Director to act in his/her stead. HISTORICAL A classification of significant trees. A tree may be designated as historical by virtue of its age, its association with or contribution to an historical structure or district, or by virtue of its association with a noted personage or historical event. HISTORICAL COMMISSION The Historical Commission for the City of Everett. IMPEDE To interfere with or slow the progress of by any means mechanical or human. INCIDENT/INCIDENTS A situation likely to lead to grave consequences as in an off hour tree incident. INFECTED A tree with a tree disease, fungus or parasitic infestation is said to be infected. ---PAGE BREAK--- 18 INFESTATION A condition in which a large number of parasites live in or on a plant. INFRASTRUCTURE The underlying utilities and construction of a city including water and sewer mains, streets, gas lines, telephone cables, and other underground utilities. INSECT INFESTATION The occupation of a tree in whole or in part by a number of insects using the tree for nourishment and/or housing. INSPECTION PROGRAM A program itemized in the Action Plan segment of the Plan Components section of the Tree Policy to authorize the inspection of tree related problems and hazards. INTEGRATED PEST MANAGEMENT (IPM) Use of environmentally conservative methods to maintain pests below defined economic or aesthetic damage levels. INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA) Society dedicated to the health and welfare of trees through research, education, and practice. INTERSECTIONS A place or area where two or more streets cross or connect. IPM Integrated pest management - use of environmentally conservative methods to maintain pests below defined economic or aesthetic damage levels. ISA International Society of Arboriculture ISA STANDARDS Professional pruning standards developed by the ISA to address pruning practices in terms of tree growth. JURISDICTION The limits or territory within which authority may be exercised. LANDMARK SIGNIFICANT Trees that over time have become landmarks of the community. LANDSCAPE/LANDSCAPING The planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. LICENSED PUBLIC PESTICIDE APPLICATORS Those who possess a public pesticide operator’s license, issued by the Washington State Department of Agriculture. LIST OF RECOMMENDED SPECIES The list of species deemed to be appropriate for planting on public lands in Everett Washington. MAINTAIN Support, keep and continue in an original state or condition without decline. MAINTENANCE STANDARDS Those activities or individual work elements which support maintenance requirements. MAJOR STRUCTURAL BRANCHES Those branches of the tree extending directly from the trunk. MANAGEMENT PLANS Segments of the urban forest management program including Street Tree Plan, Forestry management plans for Howarth Park, Forest Park, etc., Greenbelt/Undeveloped Right of Way Vegetation Management Plan which set forth goals and standards for trees on all city owned public lands, right-of-ways, and city parks. MAYOR The Mayor of Everett, an elected official serving a 4 year term. MITIGATION A process of alleviating the impact of an action which includes any or all of the following actions: A. Avoiding the impact altogether by not taking a certain action or parts of an action; ---PAGE BREAK--- 19 B. Minimizing impacts by limiting the degree or magnitude or the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; C. Rectifying the impact by repairing, rehabilitating or restoring the affected area; D. Reducing or eliminating the impact over time by preservation or maintenance operations during the life of the development proposal; E. Compensating for the impact by replacing or enhancing substitute areas. MUNICIPAL BUILDING LANDSCAPE AREA A public tree overlay area designation attributed to planting areas on public streets in the downtown business area or adjacent to public buildings. Class I maintenance standards. MUNICIPAL CODE The various laws of the City contained within the Everett Municipal Code. MUNICIPALITY The government of the city of Everett. NATIVE SPECIES Means vegetation on a site or plant species which are indigenous to the area in question; or if the site has been cleared, species of a size and type that were on the site on the effective date of this Ordinance or reasonably could have been expected to have been found on the site at the time. NON TARGET ORGANISMS Those organisms not intended as targets for herbicides or pesticides. NOTICE A written notice of impending action or a determination of nuisance or hazardous condition. NURSERY An establishment where trees, shrubs and other plant materials are grown, propagated and/or stored for the purpose of transplanting. OPEN SPACE Land area not covered by buildings, roads, driveway and parking areas, or outdoor storage area, including but not limited to, landscape areas, gardens, woodlands, walkways, courtyards or lawns, and outdoor recreation areas. STOP WORK ORDER An official notice suspending all activity in construction or development activities until the cause of the stop work order is rectified. ORDINANCE A piece of legislation proposed to the City Council and if approved becomes part of the municipal code book governing actions within the city limits of Everett. ORNAMENTAL STREET TREE AREA A public tree overlay area designation attributed to trees planted on public property for beautification of developed right-of-way. Class II maintenance standards. OTHER GOVERNMENTAL AGENCIES All other governmental agencies aside from the Parks Department including but not limited to public utility districts, water districts, other Everett city departments and divisions, the federal government, the state government, other municipalities, port districts, and school districts. OUTSTANDING A classification of significant trees, that by virtue of outstanding age, size, specimen, and health, may be designated to be significant. To qualify a tree can be one, two or all of these. OVERLAY AREA A area which is used in conjunction with, and which cannot be established without, an underlying zone. The overlay area adds additional regulations, allows development to occur which would not otherwise be possible and/or which modifies standards in the underlying zone. OWNER The holder of fee title, a mortgagee, or contract purchaser. PARK A defined land area which is set aside from development for community use, usually a mixture of trees and open space area, generally under the management of an organization. PARK BOARD The Everett Park Board, legally known as the Everett Board of Park Commissioners. ---PAGE BREAK--- 20 PARK DIRECTOR The director of Everett Parks and Recreation Department. PARKS AND RECREATION DEPARTMENT The Everett Parks and Recreation Department PARKS AND RECREATION DIRECTOR The director of Everett Parks and Recreation Department. PARTICULATE MATTER Airborne particles (i.e. dust, etc.) PERMIT A permit required before performing any action affecting a tree on city owned public lands. PERMIT REQUIREMENT EXCEPTION An exception given to public agencies and other government agencies to resolve an emergency situation which requires performing an action on a tree on city owned public lands. PERSON Any person, individual, public or private corporation, firm, association, joint venture, partnership, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or separately. PEST Any living organism which produces a negative effect on a tree or group of trees. PEST MANAGEMENT The actions taken to alleviate or eradicate pests from trees. PESTICIDE A chemical produced to harm pests, used in pest management. PLANNING DEPARTMENT The Planning Department of the City of Everett. PLANT MATERIAL Vegetative material including: trees, shrubs, groundcovers, and flowers that are used for the purpose of landscaping. PLANTING The action of planting a seed, a start, or a young tree grown in a nursery. PLANTING METHODS AND WORKMANSHIP The standard operating procedure of planting based on criteria of workmanship and standards set by the City of Everett. PLANTING SITES The actual physical locations designated for planting trees. PLANTING STANDARDS The adopted standards for planting trees. PLAY FIELDS Land areas developed for the specific purpose of use in sports and maintained by the Everett Parks Department. POLICY The Public Tree Policy. PROCEDURE IN EMERGENCY INCIDENTS The adopted order of actions to be taken in emergency situations or incidents by employees of the Parks Department. PROGRAM Proposed or desired plan or course of proceedings and action. PROPERTY OWNER The holder of fee title, a mortgagee, or contract purchaser. PRUNING Removal of dead, diseased, unnecessary or unwanted twigs and branches from plants, or for shaping/ornamental practice. PUBLIC AGENCY Any agency, political subdivision, or unit of local government of this state including but not limited to municipal corporations, special purpose districts, and local service districts; any agency of the State of Washington, the United States, or any Indian Tribe recognized as such by the Federal Government. ---PAGE BREAK--- 21 PUBLIC AGENCY AND PUBLIC UTILITY EXCEPTION An exception to this policy granted to a public agency or public utility when there is no other feasible alternative to the proposed development with less impact on the public land; and the proposal mitigates the impacts on the public land areas to the maximum extent possible. PUBLIC LAND Land owned and controlled by the City of Everett. PUBLIC TREE All trees on any street or other publicly owned property. PUBLIC VIEW CORRIDOR AREA A public tree overlay area designation attributed to an area on public property designated as a view corridor. Replacement of large trees with lower growing plants will be permitted in these areas. Class III maintenance standards. PUBLIC WORKS The city department which includes the following divisions: Utilities, Communications, Equipment Rental, Transit, Public Services, and Building. PUBLIC WORKS DIRECTOR The Public Works Department Director for the City of Everett or his/her authorized representative. RARE A classification of significant trees. A tree may be designated as significant if it is one of a kind or one of very few of a kind. REAL PROPERTY Land, everything growing on it, and all improvements made to it. It usually includes rights to everything beneath the surface, and at least some rights to the airspace above it. RECOMMENDED SPECIES A list of plants suitable for various locations pertaining to planting and care of trees. RECREATIONAL PARK USE AREA A type of public tree overlay area designation attributed to developed park areas, play fields, buildings. Class II maintenance standards. REMOVAL The actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. REPLACEMENT VALUE Cost of replacing a tree from the formula outlined in “Guide for Establishing Values of Trees and Other Shrubs”. RIGHT-OF-WAY (ROW) The actual property which is publicly dedicated or reserved for street and alley access and for other public purposes such as public utilities, bicycle paths, and pedestrian walkways. ROOT The descending axis of the plant, without nodes and internodes, absorbing nutrients and moisture from the ground, and may store food. SIGNIFICANT GROUP A classification of significant trees. A tree may be designated as significant if it is part of outstanding rows or groups of trees. SIGNIFICANT TREES Any trees which by virtue of their location or botanical, visual, or historical characteristics contributes notably to the physical setting and well-being of the community. (As defined by section 7.6). SIGNIFICANT/HISTORICAL TREES Trees which are designated as significant based on classifications set forth in Section 7.6 of the public tree policy. SNOHOMISH COUNTY The third most densely populated county in the State of Washington, of which Everett is the county seat. ---PAGE BREAK--- 22 SOIL COMPACTION The process of increasing soil density primarily as a result of excessive wear. In compacted soils particles are pressed or packed together with fewer large air pores or interstices existing. SPECIES A category of plants comprised of related organisms potentially capable of interbreeding. STREET A public or private thoroughfare which provides the principal means of access to abutting properties. STUMP GRINDING A procedure used in tree removal in which the stump is pulverized rather than pulled, so that the remaining roots and trunk are below ground level. TOP/TOPPING The removal of the top of the tree usually the trunk and in some cases the other major structural branches. TOPSOIL The surface or upper layer of soil, as distinct from the subsoil; usually contains more organic matter. TREE Any self-supporting woody perennial plant which has a trunk diameter of two inches caliper or more when measured at a point of 4.5 feet above the ground level and which normally attains an overall height of at least ten (10) feet at maturity, usually with one main stem or trunk and many branches. It may have several stems or trunks. TREE TOPPING The removal of the top of the tree usually the trunk and in some cases the other major structural branches. TREE/LANDSCAPE MAINTENANCE Routine maintenance practices as outlined in the ISA standards and maintenance specifications for pruning, trimming, removal, root care, planting, pesticide and herbicide applications, and general care and maintenance. UNDEVELOPED ROW AREA A type of public tree overlay area designation attributed to public property areas on or adjacent to undeveloped streets or utility right-of-ways not developed as ornamental street tree areas. Class III maintenance standards. UNIQUE A classification of significant trees. A tree may be designated to be significant by virtue of its unusual growth or species URBAN FOREST The trees within the city limits. For the purpose of the regulations specified in this document, the urban forest is those trees on public lands and rights-of-way. URBAN FOREST MANAGEMENT PROGRAM A management program which includes the Public Tree policy and management plans for all segments of the urban forest and sets forth goals and standards for trees on all city owned public lands, right-of-ways, and city parks under the domain of the Parks and Recreation Department. URBAN FORESTER The Forester for the City of Everett, a certified Forester, arborist or tree professional. VISIBILITY TRIANGLE A traffic sight triangle measuring 30 feet along a boundary of each of the intersecting curb lines.