Ordinance 3323-13 - Laserfiche WebLink

Ordinance No. 3323-13 Elk )IET An Ordinance Amending Section 2 and Section 6 of Ordinance No. 2909-06, Critical Areas (EMC 19.37) Concerning Pruning and Removal of Non-Hazardous Trees in Critical Area Buffers outside of Shoreline Jurisdiction, and Amending Section 3B of Chapter 4 of Ordinance No. 2530-01, as amended (EMC 15.16.080). WHEREAS, the City Council finds the following: 1. The City of Everett adopted Ordinance No. 2909-06 establishing new standards, codified as EMC Chapter 19.37, for the protection of Critical Areas pursuant to the Growth Management Act RCW Chapter 36.70A; 2. The standards of EMC 19.37 are based upon"best available science" and any amendments to Critical Areas regulations must also be based upon best available science; 3. The City's Critical Areas regulations pertaining to management of vegetation within critical areas and buffer areas are among the most restrictive among peer jurisdictions within the central Puget Sound; 4. The City may not authorize the removal of non-hazardous trees in critical areas under most circumstances under the current regulations; 5. This rigid regulation has resulted in numerous instances of illegal tree cutting, pruning and removal within critical area buffers; 6. The City proposes to establish more flexibility through a permit system to allow for the pruning of trees and, under certain circumstances, the removal and replacement of trees within critical area buffers to reduce the instance of illegal cutting and impacts to critical area resources and habitat in Everett; 7. The Planning Department, with assistance from an environmental consultant, conducted peer research of other municipal and county critical area regulations that were adopted under the standards of best available science to determine if other jurisdictions' critical area regulations provided the flexibility desired; 8. The City did find several examples of critical area regulations that allow for a more flexible approach to the pruning or removal and replacement of trees within critical area buffers; 9. The Planning Commission held several public workshops and hearings to gather input from staff and the public concerning possible amendments to the City's Critical Areas regulations; 10. The City conducted a SEPA environmental review of the proposed changes to its Critical Areas regulations, including review by the Washington State Department of Ecology; and 11. Based on public comment during the Planning Commission public planning process, several revisions were made to ensure adequate flexibility and sufficient safeguards to balance the desired flexibility with environmental protection and monitoring of properties that have been permitted to prune or remove and replace trees in critical area buffers. 1