The URL can be used to link to this page

Home My WebLink About54-09 - Ord. Amending County Code Chapter 8.52.170 and 8.52.110 Relating to Danger TreesORDINANCE NUMBER 5¿l .99 AN ORDINANCE AMENDING TITTE 8, SECTIONS 8.52.I TO AND 8.52.I70 OF THE MASON COUNTY CODE AS THEY RELATE TO DANGER TREES AN ORDINANCE omending Title 8 (Environmentol Policy), Sectíons 8.52.110 (Wetlonds) ond 8.52.120 (Fish ond Wildlife Hobitot Conservotion Areos). WHEREAS, in complionce with the Woshington Stote Growth Monogement Act (RCW 37.7OA.) Mqson County odopted Chopter 8.52 (Resource Ordinonce) describing regulotions to protect the county's noturol resource londs ond criticol oreos while; ond WHEREAS, Sections 8.52.1l0 ond 8.52.,l70 provide, in port, the County's regulotions os they relote to the felling ond removol of donger trees within wetlonds ond Fish ond Wildlife Hobitot Conservotion Areos; ond WHEREAS, Sections 8.52.1'10 qnd 8.52.120 hove been revised to expond regulotory opportunities Moson County with respect to The felling ond removol of donger trees; ond WHEREAS, on November 3,2008 qnd Jqnuory 26,2009, the Moson Counly Plonning Advisory Commission held public heorings to consider revisions to Code ond provided the Boord of County Commissioners with proposed recommendotions; ond WHEREAS, the Moson Counly Boord of Commissioners held q public heoring Moy 5, 2009 to consider recommendqtions of the Plonning Advisory Commission, the testimony of the Moson County Deportment of Community Development, ond ogency comments; ond WHEREAS, bosed on direction of the Boord, odditionol revisions were mode in response to ogency comments ond submitted for considerotion ot o public heoring held June 16,2009. NOW THEREFORE, BE lT HEREBY ORDAINED, the Moson County Boqrd of Commissioners hereby opproves ond ADOPTS revisions to Moson County Code, Chopters 8.52.1 I0 qnd 8.52.170 os described by ATTACHMENT A. DATED tt'¡s fþldoy of June,2009. Boord of Commissioners Moson County, Woshington ATTEST:BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON tr- S¿¡la.- "¿¿¿/ta ¿ DEPANTMDNT OF COMI|UNI'IY IDDVDLOPI{ENT Plønnírq l)íoíclon STAFF REPORT Dnrue en Tnrr REeuuloNS Corurncr Pensoru Barbara A. Adkins Department of Community Development 411 N. 5th Street Shetton, WA 98584 ß6A1427-9670, ext.286 lrurnooucnoru Public hearings before the Planning Advisory Committee were held on November 3, 2008 and January 26,2009 to consider revisions to lVlason County's regutations concerning the removal of danger trees within fish and witdtife and wetland areas or their buffers. During the January 26,2009 hearing, the Ptanning Commission made further revisions and recommendation adoption of the revised Chapters to the Board of County Commissioners. The County Commissioners hetd a public hearing to consider the proposed changes on May 5, 2009. Dscussrolr¡ ln addition to the proposed amendments as recommended by the Ptanning Advisory Commission, the Board of County Commissioners was provided with additionat comments from the Mason County Prosecutor's Office and the Washington Department of Fish and Witdtife. At the conctusion of the May 5th hearing before the County Commissioners accepted Staff's recommendation that the hearing be continued to altow consideration and incorporation of the additional comments received. The hearing was continued until June 16, 2009 at 9:30 a.m. For the June 16 hearing, the proposed Chapter amen{ments have been revised to address comments received from both the Prosecutor's Office and the Department of Fish and Wildtife. The foltowing tabte outlines the changes throughout the process: Barbara Adkins, DCD, Ptanning Staff Report DangerTrees 6.16.doc Current Language May Hearing Language June Hearing Language Tree removal w/documentation by orofessionat forester Tree fetting may require evaluation by arborist or forester Tree fetting may require report by arborist or forester if daneer not aDoarent to Page 1 .0ó.01.09 I}EPAATMENT OF COIIMTINITY IDDVELOPMENT Pla.nníng lDíoícíon Changes to the Chapter have incorporated most of Fish and Witdtife's concerns, while also address those of the Prosecutor's Office. The proposed Chapters are now more restrictive than current language and the tanguage as proposed by the Ptanning Advisory Commission. SuurrrnRv The proposed code amendments have been set for public hearing before the Board of County Commissioners on June 16, 2009. The proposed version includes edits in response to comments received. The version before the Board of County Commissioners is not reftective of the suggested edits by the Ptanning Advisory Commission and contains items in contrast to their recommendations. RecovueNDATroN DeDt. County required documentation County notification of fetting onty, no documentation required County approval required. Additionat language for approvat process and emerqencv situations. Mitigation:Mitiqation:lrlitigation:o 6 new tree seedtings, 3 years old o ó new native trees, three feet in height min. o 6 new tree seedtings, 3 years old c tree species same as removed or native o tree species and location approved by countv o tree species native, or as specified by professionaI o County mav require downed trees to remain, if replacement deemed not necessary o County requires cut trees remain in area r County requires cut trees remain in area untess directed to remove by professional o No further language addressing downed trees left in area . Cut trees may be segmented, but should be as targe segments; branches mav be cut o Cut trees may be segmented, but should be as targe segments; branches mav be cut. No further language addressing number of fetted trees or additionat mitieation . Additionatmitigation required for 3+ trees fetted within 10 years o Additionatmitigation lÂAY be required for 3+ trees fetted within 10 years Barbara Adkins, DCD, Ptanning Staff Report Danger Trees ó.16.doc Page 2 06.01.09 IDEPANTMSNT OF. COilIDII]NITY IDDVDLOPMENT Plønnítq lDíoídlon Staff woutd recommend adoption of the proposed revisions to Chapter 8.52, Sections 8.52.170 and .f l0 as written. Attachments: Proposed Code Revisions Sections 8.52.110 and 8.52.170 Barbara Adkins, DCD, Planning Staff Report Danger Trees ó.1ó.doc Page 3 0ó.01.09 June I ó, 2OO9 DRAFT Amendmenls lo lhe Moson Counly Code, Section 8.52.1 I O Wetlonds, regording "Donger Treesn' 8.52.1lO Wellqnds. Moson County Code (4) lqnd Uses. (A) Mcson Environmentol Permit Requíred Uses ond Activities. A Moson Environmenlol Permit sholl be obtoined from the county, using the qdministrstive revíew process in this chopter, prior to undertoking, in o reguloted wetlond or íts buffer, for the following octivities. (vi) The destruction or oherotion of wetlonds ond wetlond buffer through cleoring, horvesting, shoding, intentionol burning, or plonting of vegetotion thot would qlter the chorocter of o designoted wetlond or buffer, provided thot lhis subsection sholl not opply to the following octivities undertqken in o monner which minimizes impocts: vieinity of the remeved tree e tetql ef six new lrees¡ eeeh of e-minimum three feet in height the dkeetor mey reqse$ rhe epplieEnt leeve or plEee the denger tree wifhin the vegetqtion (B) Activities Permítted without o Moson Environmentsl Permit. The following uses sholl be ollowed, in oddition to those defined in Generol Exemptions (see Section 8.52.,l90), within o wetlond or wetlond buffer to ihe extent thot they ore not prohibited by the Shorelines Monogement ACT o1 1971 (Chopter 90.58 RCW), Federol Woler Pollution Control Act (Cleon Woter ACT), Stote Woter Pollution Control Act (Chopter 90.48 RCW), Stote Hydroulic Code (RCW 75.20.100 - .140), Forest Proctices Act (Chopfer 76.O9 RCW ond Chopfer 222- 1ó WAC) or ony other opplicoble ordinonce or low ond provided they ore conducted using best monogement proctices, except where such octÍvíties result in îhe conversion of o reguloted wetlond or wetlond buffer to o use to which it wos nol previously subiected qnd provÍded further thot forest proctices ond conversions from forest lqnd sholl be governed by Chopter 76.0q RCW ond its rules: ^, The eounty is no ire Poge I of 2 June I ó, z0lJ,g DRAFT Amendmenls lo the Moson Counly Code, Section 8.52.1 I O Wetlands, regcrding "Donger Trees" R, A,4itigatien is pro :(ix) The felling of donger trees within buffers providinq the following conditions ore met: A. When it is demonstroted to the sotisfoction of the Moson CounfY Director of Community Development or hís or her designee ("Deportment") thot qn imminent threqt exists to provide to the Deportment o written stotement describing tree locstion. dqnger it poses. ond proposed mitigqtíon. B. Should the imminent threot not be opporent to the Depqrtmenl (qs donqer trees ore defined in Section 8.52.030). the Deportment moy require the londowner submit o report from o professionol forester or certified orborist. C. Before o donger tree moy be felled or removed. with the exception of on emergency pursuont to Section 8.52.240, the londowner sholl obtoin written opprovol from the Deportment. This opprovol sholl be processed promptly ond moy not be unreosonobly withheld. lf the Deportment foils to respond to o donger tree removol request wirhin l0 business doys, the lqndowner's request sholl be conclusively ollowed. D. Trees felled os donger trees sholl be counted in the ollowed omounls under Section 8.52.17O(t){4). E. Mitigotion os qpproved by the Depqrtment to include: i. ]-the plontíng within the criticsl qreo or its buffer o totol of sÎx new notive +rees eer*n$y;-trees, eqch o minimum three yeors old. Should o report be submitted under subsection 5(b). it sholl contoin recommendqtions for suitoble replocement trees. ¡¡. elled trees sholl be left within the criticol oreo or buffer unless q submitted report worrqnts its removol lo qvoíd spreqdinq diseose or pests; ¡¡i. 3-the trunk of the cul tree moy be segmented, but should be left in os lorge of segments os possible 1o provide habi{a*hobítot; iv. 4-the bronches from the cuÌ lree moy be removed to control fire hozord; ond v. S=qdditionol mitigotion shalimoy be required if three or more trees ore to be felled on one property within o 10 yeor period. Poge 2 of 2 June I ó, 2OO9 DRAFT Amendmenls lo the Mqson Counly Code, Section 8.52.170 Fish qnd wildlife habitqt conservolion creqs' regording "Dcnger Trees" 8.52.17O Fish ond wildlife hobitqt conservolion oreos. (f) Activíties Which Do Not Require o Moson Environmenlol Permit. The following uses sholl be ollowed, wilhin o FWHCA or its buffer to the extent thot they qre not prohibited by ony other opplicoble lqw or ordinonce, provided they ore conducted so os to minimíze ony impoct on the volues ond functions of the FWHCÀ ond provided they ore consistent wíth ony county- opproved resource ordinonce speciol study (such qs q hobítot monogemenr plon or geotechnícol report) or ony stote or federolly opproved monogement plon for sn endongered, threotened, or sensitive species. (5) The remev+witnin Uuger the following conditions ore met: ir€ o) ;When it is demonstroted to the sotisfoction of the Moson County Director of CommunÍty Development or his or her designee ("Deportment") thot on imminent threot exists to public heqlth or sofety, or the sofety of orivote or publíc property. Londowner sholl provide to the Deportment o written stotement describing tree locotion, donger it poses. qnd proposed mitigolion. b) Should the imminent threot not be opporent to the Deportment (os donger trees ore defined in Section 8.52.030), the Deportment moy require the londowner submit o report from o professionol forester or certified orborist. c) Before o donger tree mqy be felle¿l or removed, with the exception of on emergency pursuont to Section 8.52.240, the lqndowner sholl obtoin written opprovol from the Deportment. This qpprovol sholl be processed promptly ond moy not be unreqsonobly withheld. lf the Deportment foils to respond to o dqnger lree removol request within I0 business doys, the londowner's request sholl be conclusively ollowed. d) Trees felled qs donger trees sholl be counted in the qllowed omounts under Section 8.52.17o(rlØ). e) Mitigotion qs opproved by the Deportment to include¡ i. ]-lhe plonling wilhín the criticol oreo or ¡ts buffer o lotol of six new notive trees eeunty:-trees. eoch o minimum three yeors old. Should o reporî be submítled under subsection 5(b), it sholl contoin recommend<ltions for suitoble replocement trees. Poge I of 2 June ló, 2OO9 DRAFT Amendmenls lo lhe Moson Counly Code, Section 8.52.170 Fish ond wildlife hqbitot conservqlion oress, regording "Dcnger Trees" ¡¡' :-felled trees shqll be left within the criticol oreo or buffer unless o submitted report worrqnts its removol to ovoid spreoding diseose or pests; i¡i. 3-the trunk of the cut tree msy be segmenÌed, but should be left in os lorge of segments os possible to provide habi+afhobitot; iv. Lthe bronches from the cut tree moy be removed to control fire hozord; ond v. f=odditionol mitigolíon shallmoy be required if three or more trees ore to be ;:_:-:_ felled on one property within o I0 yeor period. Poge 2 oî 2