18J.15.130 Plant Protection and Maintenance

18J.15.130 Plant Protection and Maintenance.

Proper protection and maintenance are necessary to ensure that vegetation required by this Chapter is healthy and continues to meet the objectives for the life of the project.

A. Applicability. The following maintenance requirements shall apply to all vegetation and associated areas required pursuant to this Chapter. Failure to maintain vegetation as required in this Section shall constitute a violation of this Chapter and any associated land use or subdivision approvals.

B. Design Objective. Protect and maintain planted and retained vegetation and replace diseased and/or dangerous trees, as appropriate.

1. Tree Protection Before and During Development. All trees proposed for retention and supplemental plantings shall be protected before and during site development and construction through adherence to the following standards:

a. A tree protection area shall be designed to protect each tree or tree stand during site development and construction.

(1) The tree protection areas shall conform to the approved tree conservation plan; and

(2) All tree protection and erosion control measures shall be in place and/or installed prior to grading, clearing, or other vegetation removal.

b. Tree protection areas may vary widely in shape but must extend a minimum of 5 feet beyond the existing tree canopy area along the outer edge of the tree stand, unless otherwise approved by the Department.

c. Tree protection areas shall be identified and clearly labeled on all applicable site development, plats, and construction drawings, submitted to the Department.

d. Temporary construction fencing at least 30 inches tall shall be erected along the outer edge and completely surround the tree protection area prior to any site clearing and/or grading. The fencing shall be posted with signage clearly identifying the tree protection area. The fencing shall remain in place through site development and construction.

e. No clearing, grading, filling, or other development activities shall occur within the tree protection area, except where approved in advance by the Planning and Public Works Department and noted in the tree conservation plan.

f. No vehicles, construction materials, fuel, or other materials shall be placed in tree protection areas. Movement of any vehicles within tree protection areas shall be prohibited.

g. No nails, rope, cable, signs, or fencing shall be attached to any tree proposed for retention, unless tree tagging has been authorized.

h. If the grade level around a tree is to be raised, a dry rock wall or rock well shall be constructed around the tree. The diameter of this wall or well must be at least equal to the diameter of the tree, plus an additional 5 feet.

i. The Department may approve the use of alternate tree protection techniques if an equal or greater level of protection will be provided.

a. All required landscaping shall be maintained for the life of the project and maintained to avoid the creation of a safety hazard.

b. Plants are to be maintained in a vigorous and healthy condition, free from diseases, pests, hazards, and weeds.

c. All landscape areas shall be kept free of trash.

d. Plants lost due to lifecycle or disease shall be replaced within 180 days, during the spring or fall growing season. Replacement plants shall meet current plant size and irrigation standards.

e. Plant maintenance standards apply for the life of the project and to all future property owners.

3. Tree Pruning. Pruning is the practice of removing dead or living components of a tree for the purposes of maintaining or improving form, improving tree health, or addressing safety concerns. Pruning can produce strong, healthy, attractive plants when done properly as recommended or by a professional tree service. Poor pruning practices, however, adversely affects plant health.

a. Pruning of Significant and Legacy trees shall be done by a professional tree service only.

b. All plant materials shall be pruned and trimmed as necessary to maintain a healthy growing condition or to prevent primary limb failure.

c. Pruning of trees shall be limited to thinning, windowing, or skirting, unless otherwise restricted by critical area regulations.

(1) Thinning. Removal of foliage evenly through the tree crown maintaining tree form and health. Not more than one-quarter of the total leaf area is removed.

(2) Windowing. The practice of creating a "window" within the tree crown. The overall crown remains intact. When windowing one side of a tree, it may be necessary to prune the opposite side of the tree to maintain balance.

(3) Skirting. The practice of opening up views by removing the lower limbs of a tree. As a rule, do not limb up more than one-third of the tree's visible height.

a. Trees required to be retained pursuant to an approved conservation plan, landscape plan, or other similar plan or requirement shall not be removed, unless it is demonstrated to the satisfaction of the Planning and Public Works Department that a hazard exists to public health or safety, the safety of public or private property, or the health of surrounding trees (e.g., there is a significant chance of toppling in high winds). The following requirements shall apply to the removal of a danger, hazard, or diseased tree in such areas:

(1) The landowner shall submit a report and replanting plan prepared by a registered landscape architect, professional forester, or other expert approved by the Department to document the hazard, the specific actions that must occur to abate the threat, and the schedule for replanting.

(2) Trees shall not be removed until after consultation and confirmation by the Department that removal is necessary, unless hazard tree(s) are determined to pose an imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation. In that event, trees may be removed, or danger abated, by the landowner prior to receiving written approval from the Department; however, within 30 days following such action, the landowner shall submit the necessary report and replanting schedule demonstrating compliance with the requirements of this Section.

(3) Trees shall be replaced at the tree unit ratios and planting standards specified in PCC 18J.15.030 and restoration plans shall be approved by the Department prior to replanting.

(4) Restoration plans shall consider retention of snags for wildlife habitat.

(5) Trees shall be replaced within 60 days unless determined by the Department to be more appropriate to replant within the following spring or fall planting season. In no case shall replanting take place more than 180 days from original tree removal.

b. Developer responsibility for maintenance of trees, including removal or replacement of diseased, dead, or dying trees, shall be as follows:

(1) Within residential subdivisions (including short plats) the developer shall be responsible for maintaining trees on individual lots until such time as the individual lots are sold, at which point the individual lot owner shall assume responsibility. Developer responsibility for maintaining trees within common tracts shall remain in effect until such time as the common tract is transferred to the control of a homeowner's association or, where no homeowner's association exists, until such time as all individual lots within the subdivision are sold, at which point the homeowner's association or individual lot owners shall assume responsibility.

(2) Within all other developments, developer responsibility for maintaining trees shall remain in effect until such time as the property sale occurs. Upon the property sale, the new owner shall assume the responsibility for maintenance.