17.15.070 Heritage trees.
A heritage tree is any tree that because of its age, size, unique type, or historical association is of special importance to the city. The city acknowledges that preserving such trees may be beneficial, and has set forth a procedure to preserve and protect these heritage trees.
A. Application for Designation. In order for a tree to be designated as a heritage tree, a person must submit a written request to the public works department. The request shall include a signed declaration by the land owner approving of this declaration; a site map showing the lot, any structures on site, and the current use of the site; the species and size of tree; and a narrative explaining why the applicant wishes to designate that tree as a heritage tree.
B. Criteria for Designation. No tree standing on private property shall be designated a heritage tree without the consent of the property owner. No tree on city-owned property shall be designated a heritage tree without the consent of the mayor. Upon receiving a complete and valid request for heritage tree status, the city shall obtain an arborist’s report evaluating the condition of the tree. The arborist’s report shall include an evaluation on the tree’s health, aerial space, open ground area for the root system, longevity of the species, and suitability for long-term retention.
C. Adoption of Heritage Tree. Staff shall present to the parks and recreation board all information, including the application, arborist’s report, and any additional information discovered by staff. The parks and recreation board shall hold a public hearing, and vote whether or not to adopt the tree as a heritage tree following the public hearing.
D. Protection of Heritage Tree. When a tree is designated as a heritage tree, a plaque so signifying shall be placed near the tree. The city shall place a notice in the land records of the Snohomish County auditor for all properties upon which a heritage tree is located, stating that the heritage tree is protected by the provisions of this chapter. The restrictions placed on a heritage tree shall bind all successors, heirs and assigns. It shall be unlawful to remove, damage in any way, or defile a heritage tree, its plaque, or any protective measures for that tree, subject to the provisions stated in subsection (G) of this section. It shall be unlawful to prune, trim, remove any limb, disturb the ground within the critical root zone, or undertake any activity which may cause harm to a heritage tree without prior approval from the public works department.
E. Maintenance. The city shall maintain all heritage trees that are located on city property or on public rights-of-way within the city. It shall be the duty of every owner of property upon which a heritage tree is standing to maintain that tree to the best of their ability. The city may give advice and assistance to property owners regarding proper maintenance of heritage trees.
F. Hazard Tree. If, in the best judgment of the city, a heritage tree, whether standing on public or private property, has become a hazard, an arborist’s report shall be obtained evaluating the condition. The arborist shall evaluate the condition of the tree and recommend a suitable course of action. With the city’s approval the recommended course of action shall be carried out by the owner of the heritage tree.
G. Removal of Designation.
1. Criteria for Removal. In order to remove the designation of heritage tree, public works must evaluate the following criteria:
a. If the tree is of poor health, diseased or no longer alive.
b. If the tree meets the criteria of subsection (F) of this section.
c. If the tree no longer meets the criteria for designation as stated in subsection (B) of this section.
d. The location of any proposed improvements or structures.
e. If the tree is on private property and the property owner no longer wants the designation.
2. Process. The public works director may remove the designation of heritage tree if he/she finds that such designation meets the criteria for removal. The parks and recreation board shall be notified of such removal. Once the designation of heritage tree has been removed, all provisions of this chapter shall apply to this tree, including tree replacement measures and fees.
H. Acts of Nature. In cases where a heritage tree was damaged by a natural disaster or other acts of nature, the mayor may waive the provisions of this section to the extent that the city may alleviate immediate hazards. (Ord. 2481 § 4, 2004)