Skip to main content
Loading…
This section is included in your selections.

A. Uses permitted on lots containing or adjoining critical areas shall be the same as those permitted in the use zone in which the lot is located. Each use shall be evaluated in accordance with the review process required for the proposed use in the use zone in conjunction with the requirements of this chapter and other city, state, and federal regulations.

B. The following uses/activities are permitted in critical areas and their buffers:

1. Minor utility construction projects. Utility projects which have minor or short-duration impacts to critical areas, provided such projects are constructed using best management practices to avoid and minimize impacts to critical areas and required buffers, subject to the following criteria:

a. The activity does not significantly impact a Type F stream, a category I wetland, or a fish and wildlife habitat conservation area and complies with other provisions of this chapter; and

b. There is no reasonable alternative to the proposed activity with less impact on the critical area; and

c. The activity involves the placement of a utility pole, street sign, anchor, vault, or other small component of a utility facility; and

d. The activity results in disturbing less than one hundred square feet of critical area and buffer.

2. Buffer management, as defined in this title, when approved by the planning director and all agencies with jurisdiction.

3. Select vegetation removal activities. The following vegetation removal activities are permitted:

a. Pruning. Pruning is limited to trimming, limbing, thinning, windowing, and skirting in a manner consistent with this subsection.

(1) A permit is required to prune trees in critical areas. Prior to pruning, trimming, limbing, thinning, windowing, and/or skirting:

(A) The applicant shall submit a pruning report by a certified arborist and have all work be performed under the direction of a certified arborist.

(B) The applicant, in lieu of the above and an application fee as determined by the planning director, shall:

(i) Submit a plan showing the location of the proposed work, using aerial photos or a site plan that accurately depicts the location of trees to be pruned;

(ii) Submit photos of the trees to be pruned, a description of the portions of the tree to be removed by pruning, and documentation that the trees are located on property owned by the applicant;

(iii) Sign a declaration stating that they have read and understand, and will comply with, the applicable city regulations;

(iv) Submit photos of the trees that were pruned after the work is completed.

(C) The city shall review and issue the tree pruning permit upon submittal of a complete application that demonstrates the proposal complies with all applicable requirements.

(D) The city shall conduct a site inspection upon completion of the work or any time thereafter if the work was done without a certified arborist to determine that the work has been conducted in accordance with city regulations.

(2) Pruning must adhere to the standards in ANSI A300, 2008 Edition, or as subsequently amended.

(3) Pruning shall not result in the removal of more than thirty-three percent of the tree’s crown.

(4) Pruning shall not include topping of trees unless underneath power lines.

(5) Pruning activity shall not result in any soils disturbance on the site.

(6) A tree that is an active nest site for a species of local or state importance or provides critical habitat such as an eagle perch, or other listed threatened or endangered species, shall not be pruned.

(7) Topping trees or pruning trees in excess of thirty-three percent is considered a nonhazardous tree removal activity and therefore must comply with subsection B.3.c of this section.

(8) Once a tree is permitted to be pruned, it may be continued to be pruned but may not be pruned beyond thirty-three percent of the tree’s original crown.

b. Hazard tree removal with replanting. The removal of hazard trees from critical areas and required buffers subject to the replanting of native trees to maintain critical area and buffer functions. Hazard trees are those trees that pose a threat to public safety, or pose an imminent risk of damage to private property.

(1) The director may determine that a tree or trees pose an apparent hazard or threat to public safety and approve their removal. The director may require, at the owner’s cost, an assessment and recommendation from a certified arborist, registered landscape architect or professional forester that documents the hazard and provides a replanting schedule for replacement trees.

(2) Where hazards can be eliminated without complete removal of the tree, the director may require that a wildlife snag remain in the critical area or required buffer.

(3) Where tree removal is necessary, the landowner shall provide replacement trees as recommended by the assessment or at a ratio of two trees for every tree removed. Trees shall be placed at a location approved by the director to avoid future tree hazards and in accordance with an approved restoration plan.

(4) If a tree to be removed provides critical habitat, such as an eagle perch, a qualified biologist shall be consulted to determine timing and methods of removal that will minimize impacts. The biologist’s report shall be circulated to agencies with expertise for review and comment prior to approval by the director.

(5) If a tree to be removed is located within a geologically hazardous area, the planning director may require submittal of a geotechnical report documenting the impact on the property.

(6) Unless otherwise provided, or as a necessary part of an approved alteration, mitigation, or buffer management plan, removal of any vegetation or woody debris from a wildlife habitat conservation area or wetland, or required stream or wetland buffer, shall be prohibited.

(7) The city may require that a hazard tree assessment be completed, and that hazard trees be removed from buffers, and trees replanted in accordance with the requirements of this chapter prior to final approvals for a development proposal.

c. Nonhazardous tree removal with replanting. Except as allowed under subsection B.2 of this section, the planning director, using the review process described in EMC Title 15, Local Project Review Procedures, may allow up to a maximum of ten percent of all nonhazardous trees within the outer half of a critical area buffer to be removed. Removal of nonhazardous trees must comply with the following requirements:

(1) Proposals to remove nonhazardous trees shall include a planting plan prepared by a qualified professional biologist, arborist, or forester unless waived by the planning director. The plan must show the number, size, and type of plants to be planted and where the plants will be located. The plants should be placed in an area within the buffer that will be most beneficial to the stream or wetland and an area where future cutting will not be necessary. A minimum of three, three- to five-gallon native trees of different varieties must be planted for every tree to be removed unless it would create an overcrowded situation in which case the planning director can reduce this ratio or allow shrubs to be planted as an alternative. On geologically hazardous slopes, the tree size shall be a minimum of two gallons or if bareroot an equivalent size. The planning director shall have discretion to reduce the number of trees to be cut if the proposed plan fails to replace over the long term the loss of functions and values of the buffer that may result from the cutting of trees. A tree inventory is required with the tree type and size shown on a site plan unless waived by the planning director. Only trees greater than a six-inch caliper within the outer half of the critical area buffer can be counted unless the trees to be removed are less than six-inch caliper.

(2) Tree removal is limited to once every five years.

(3) A tree that is an active nest site for a species of local importance or provides critical habitat such as an eagle perch shall not be cut.

(4) If the buffer’s edge has not been delineated and cannot be determined by the city, a wetland or stream buffer delineation will be required.

(5) If the trees to be removed are on a geologically hazardous slope, a geological assessment letter or geotechnical report is required unless waived by the planning director. A geologically hazardous covenant must be recorded prior to tree cutting.

(6) Tree stumps must not be removed and all wood debris must be left within the buffer unless otherwise recommended by a biologist or geologist. A minimum of twenty-five percent of cut trees shall be left as snags approximately twenty feet tall unless within striking distance of structures, yards, or trails.

(7) Where the stump of a big-leaf maple or other tree with a similar growth habit that has been approved for removal remains in the buffer, branches that sprout from the stump may be removed annually.

(8) Prior to cutting, all trees to be cut must be marked, all required replacement plants must be on the property ready to be planted, and a critical areas covenant must be recorded. The replacement plants must be planted prior or immediately after the trees have been cut and placed in an area within the buffer that will be most beneficial to the stream or wetland.

(9) A survey may be required if trees are to be removed near any lot line.

(10) Forest Practices. Where applicable, applications for tree removal shall also include a city of Everett timber harvest application and include an estimate of the number of board feet to be cut.

(11) Planting of additional trees beyond what is required in this section or buffer enhancement may be required if trees have been cut without planning director approval.

d. Weed Removal. The removal of the following invasive, nonnative and noxious weeds in conjunction with a mitigation plan or buffer management plan approved by the director, including revegetation with native plants. The director may require that only hand tools or light equipment be used for removal.

(1) Invasive and noxious weeds identified in a list adopted by the city or county;

(2) English ivy (Hedera helix);

(3) Himalayan blackberry (Rubus armeniacus) and evergreen blackberry (Rubus laciniatus);

(4) Scotch broom (Cytisus scoparius).

4. Public and private pedestrian paths and trails. Public and private pedestrian trails, including interpretive signage, overlooks, and benches, may be permitted subject to the following criteria and subject to approval by the director:

a. The trail or path is designed to minimize impacts to the critical area and its buffer. The trail is located on the outer twenty-five percent of the buffer, except for areas which provide for public viewpoints of the critical area or educational opportunities and which are designed to minimize the footprint of the trail/path within the critical area or its buffer. Trails and paths shall not be permitted when critical area functions will be substantially degraded. The width of trails shall be the minimum necessary, and should not exceed five feet, unless trails are provided for shoreline public access, in which case maximum trail width shall be eight feet. The trails should be one hundred percent porous to the maximum extent feasible. The proposal must comply with EMC 19.37.190.

b. The trail surface meets all other requirements including all applicable water quality standards. Use of pervious surfaces is encouraged.

c. Critical area and buffer widths shall be increased where possible, equal to the width of the trail corridor, including disturbed areas.

d. Trails proposed to be located in landslide or erosion hazard areas shall be constructed in a manner that does not increase the risk of landslide or erosion and in accordance with an approved geotechnical report.

e. Public and quasi-public trails shall include interpretive signs identifying the critical area and buffer specific to the site.

5. Stormwater facilities are allowed in stream and wetland buffers subject to all of the following criteria:

a. Stormwater management facilities are permitted only within the outer twenty-five percent of the buffer.

b. The subject buffer area has been previously substantially and legally altered and is unvegetated, sparsely vegetated, and/or vegetated with nonnative or invasive species.

c. Stormwater facilities shall be integrated into the stream or wetland buffer as a natural drainage system. The slopes and all areas that are disturbed shall be planted with native vegetation consistent with a buffer enhancement/mitigation plan. Aboveground concrete walls and structures are not permitted. Below grade structures may be permitted only if it can be shown to the satisfaction of the planning director that the use of such materials fits with the natural design of the proposed facility and does not interfere with wildlife passage or adversely impact biological functions of the buffer or the adjacent critical area.

d. The location of a maintenance/access road is limited to the upland side of the facility outside the buffer.

e. The facilities must include a buffer enhancement and management plan that would improve the functional performance of the buffer and associated critical area.

f. All site development plans must incorporate low impact stormwater management techniques where site conditions allow as required by the city’s stormwater management regulations.

g. For Type Np and Ns streams and category II, III, and IV wetlands, the planning director may grant an exception to the outer twenty-five percent limitation when the applicant demonstrates that the project would significantly increase wetland or stream function and would not substantially alter stream or wetland hydrology. A significant increase in wetland function shall be defined as no reduction in any individual function as measured by the Western Washington Wetland Rating System, and at least a five-point overall increase in the combined function score as measured by the Western Washington Wetland Rating System. (Ord. 3676-19 § 5, 2019; Ord. 3323-13 § 2, 2013; Ord. 2909-06 § 6, 2006.)