A primary goal of the city’s comprehensive plan is protecting the Island’s natural environment. The use of land on the Island should be based on the principle that the Island’s environmental resources are finite and must be maintained at a sustainable level. Standards and review procedures for trees and vegetation within critical areas and their buffers are necessary to maintain or improve the functions and values of critical areas, implement the city’s comprehensive plan, provide for reasonable maintenance or enhancement of views, and allow for appropriate vegetation maintenance and hazard tree removal. Tree or vegetation removal, coppicing or pruning is prohibited within critical areas and their buffers unless allowed pursuant to subsections A through D of this section or approved by the director as provided in subsection D of this section.
A. Applicability. This section applies to any tree and vegetation activity within critical areas and their buffers or setbacks except for exempt activities described in BIMC 16.20.040.
B. The following tree and vegetation activities do not require city review or pre-approval:
1. General pruning of trees and shrubs, provided:
a. Pruning operations of trees that do not remove more than 10 percent of living material (branches, stems and leaves) of an individual tree within any three-year period;
b. Pruning operations conducted with an ISA-certified arborist on site that remove from 10 percent to 25 percent of living material within any three-year period;
c. No portion of a live branch or stem more than six inches in diameter is removed from any tree;
d. Pruning operations use the natural pruning system to maintain the characteristic growth pattern of trees and shrubs;
e. Pruning activities conform to applicable practices of ANSI A300 (Part 1 – 2017) Tree, Shrub and Other Woody Plant Management – Standard Practices (Pruning), as amended, or city of Bainbridge Island pruning standards;
f. Trees and shrubs are not located in or overhanging a Type F stream;
g. The practice known as topping: the reduction of tree size by cutting live branches and leaders to stubs, without regard to long-term tree health or structural integrity is prohibited.
2. Specific Pruning. The following pruning activities are allowed without the restrictions in subsections B.1.a through c of this section; provided, that the structural integrity and long-term health of the vegetation is preserved.
a. Coppicing and Pollarding. The coppicing or pollarding of big leaf maple (Acer macrophyllum), cottonwood (Populus sp.), willow (Salix sp.), hazelnut (Corylus cornuta) and vine maple (Acer circinatum) and any species listed in subsection B.3 of this section is allowed, provided:
i. Total area of canopy removal shall not exceed 2,500 square feet.
ii. No ground or root disturbance occurs as part of the cutting.
iii. The stems or shoots of trees or shrubs are less than six inches in diameter at four and one-half feet high above ground or top of stump.
iv. Coppicing and pollarding may only occur once every three years.
v. Coppicing and pollarding of native species is not allowed in wetlands or fish and wildlife habitat conservation areas or their associated buffers.
vi. Coppicing of big leaf maple trees must retain a stump height equal or greater than previous live stump height or 16 inches above ground level, whichever is greater.
b. Maintenance pruning of hedges and shrubs without the restrictions in subsections B.1.a through c of this section; provided, that the structural integrity and long-term health of the vegetation is preserved.
3. Invasive Species Removal. The removal of the following vegetation with hand labor or hand-held equipment provided: (a) the area of work is under 2,500 square feet in area and (b) any area of bare ground is planted with native species within the first appropriate growing season or otherwise protected by acceptable temporary erosion and sedimentation control strategies:
a. English ivy (Hedera helix) from tree trunks or ground surface;
b. Himalayan blackberry (Rubus discolor, R. procerus);
c. Evergreen blackberry (Rubus laciniatus);
d. English/Portuguese laurel (Prunus laurocerasus/lusitanica)
e. English holly (Ilex aquifolium);
f. Scotch broom (Cytisus scoparius);
g. English hawthorne (Crataegus laevigata);
h. Poison oak (Toxicodendron diversilobum); and
i. Any plant on the Kitsap County or Washington State Noxious Weed Control Board list of noxious weeds, as amended, whether or not listed above.
4. Tree and vegetation activities within aquifer recharge protection areas designated pursuant to BIMC 16.20.100.E, as follows:
a. Notwithstanding any other provisions of this chapter, the tree and vegetation activities listed in subsections B.4.a.i through iv of this section are allowed without city review and pre-approval provided the proposed activity is not located within (i) a critical area other than an aquifer recharge protection area or (ii) the buffers or setbacks of a critical area other than an aquifer recharge protection area:
i. Hazard tree removal in accordance with tree removal provisions set forth in Chapter 16.18 BIMC;
ii. Invasive species removal;
iii. Maintenance pruning of trees, shrubs, and hedges without the restrictions in subsections B.1.a through c of this section, provided the structural integrity and long-term health of the vegetation is preserved;
iv. Wildfire mitigation activities, other than tree removal, within a 30-foot defensible space around a primary structure, in accordance with the Bainbridge Island community wildfire protection plan and as described by Section 603 of the International Wildland Urban Interface Code; and
b. Removal of one or more significant trees, as defined in BIMC 16.20.190 and not including hazardous trees, is allowed if an applicant submits and receives city preapproval of an aquifer recharge protection area stewardship plan prepared in accordance with BIMC 16.20.180.H.
C. The following tree and vegetation activities require city review and preapproval of a critical area permit:
1. Any tree or vegetation activity not included in subsection B of this section.
2. Hazard Trees.
a. Hazard tree removal or wildlife snag creation not within erosion and landslide hazard areas or a landslide hazard area setback at the top of slope is allowed; provided, that it shall comply with the following standards and submittal requirements:
i. A report from an International Society of Arboriculture (ISA) tree risk assessment qualified (TRAQ) arborist that documents the hazard and provides a replanting plan for replacement trees;
ii. Land owners are encouraged, but not required, to retain all or portions of removed hazard trees on site to provide wildlife habitat;
iii. The land owner shall replace any trees that are removed with new trees at a minimum ratio of two replacement trees for each tree removed (2:1) within the first appropriate growing season in accordance with an approved planting plan. Replacement trees may be planted at a nearby location. Replacement trees shall be species that are native and indigenous to the site and a minimum size of six feet in height measured from top of root flare, with a minimum trunk diameter of one inch measured at four inches above top of root flare for both evergreen and deciduous trees. Smaller replacement trees are acceptable, at a minimum ratio of three replacement trees for each tree removed (3:1) and a minimum size of three feet (36 inches) in height measured from top of root flare;
iv. If a tree to be removed provides critical habitat, such as an eagle perch, a qualified wildlife biologist shall be consulted to determine timing and methods of removal that will minimize impacts; and
v. Hazard trees determined to pose an imminent threat or danger to public health or safety, to public or private property, or of serious environmental degradation may be removed or pruned by the land owner prior to receiving approval from the city; provided, that within 14 days following such action, the land owner shall submit the report required by subsection C.2.a.i of this section and a planting plan that demonstrates compliance with the provisions of this title.
b. Hazard tree removal within erosion and landslide hazard areas and their setbacks at the top of slope is allowed; provided, that it shall comply with the standards and submittal requirements of both subsection C.2.a of this section and the following:
i. No root disturbance or stump removal is permitted;
ii. Tree trunks, branches and stems may be left on a slope provided vegetative material does not result in a net increase in geological instability or create dangers to life or property.
iii. When removing more than one hazard tree, or more than two within a five-year period, the applicant shall demonstrate compliance with development standards in BIMC 16.20.130.D.1 as documented by a geotechnical engineer licensed in the state of Washington.
3. Coppicing, Pollarding and Other Vegetation Activities.
a. The coppicing, pollarding or removal of any species listed in subsections B.2 and 3 of this section in an area greater than 2,500 square feet shall:
i. Include submittal of a replanting plan for city review and approval for any areas of bare ground; and
ii. Demonstrate compliance with development standards in BIMC 16.20.130.D.1 as documented by a geotechnical engineer licensed in the state of Washington if located within erosion and landslide hazard areas and their buffers at the top of the slope.
D. Seasonal Limitations. No vegetation removal, unless required to conduct a risk inspection by a certified arborist, is allowed in erosion and landslide hazard areas and their setbacks at the top of the slope between October 1st and April 1st unless (1) a waiver is granted by the director or (2) it is required due to an emergency involving immediate danger to life or property.
E. Any tree or vegetation activity requiring a critical area permit pursuant to subsection C of this section must:
1. Be performed by a licensed contractor, forester, or certified arborist in the state of Washington who has submitted a signed “Statement of Tree and Vegetation Standards and Requirements Acknowledgment” in accordance with subsection F of this section prior to start of work; and
2. Conform to applicable practices of ANSI A300 (Part 1 – 2017) Tree, Shrub and Other Woody Plant Management – Standard Practices (Pruning), as amended, or city of Bainbridge Island pruning standards (hyperlink).
F. In order to assure compliance with the standards and requirements of this chapter, arborists, foresters and contractors or others involved in tree or vegetation operations in critical areas shall be required to sign and submit a “Statement of Tree and Vegetation Standards and Requirements Acknowledgment” to the city. This statement shall attest such professional’s knowledge of the city of Bainbridge Island’s tree and vegetation protection requirements. This statement shall be required in conjunction with normal city licensing requirements for persons performing work in the city of Bainbridge Island. The required statement shall be in substantially the following form:
I, ______________________, a duly licensed professional contractor in the State of Washington, or forester or certified arborist, hereby attest that I have read and am knowledgeable of BIMC 16.20.090, “Trees and Vegetation”, of the City of Bainbridge Island.
I further attest that, as a professional doing tree and/or vegetation work in the City of Bainbridge Island, I am accountable for following the city’s tree and vegetation standards and requirements, including obtaining a critical area permit, if required, prior to performing tree and/or vegetation work, as defined by BIMC 16.20.090, as well as following all conditions and requirements of said permit.
I attest that if I fail to follow tree and vegetation requirements of BIMC 16.20.090, I will be in violation of BIMC 16.20.090 and thereby subject to a fine as specified in BIMC 16.20.170 and I will be held jointly responsible with the landowner for any restitution required as a result of environmental damage determined by the city to be the result of improper tree and/or vegetation activities at the site. This may result in monetary penalties as allowed by this chapter or State law.
Private arborists, foresters and contractors or others involved in tree or vegetation operations who do not provide the above statement shall be prohibited from performing tree or vegetation services within critical areas and their buffers when a critical areas permit is required within the city of Bainbridge Island. Said professionals who do not provide this statement and perform tree or vegetation services in the city of Bainbridge Island shall be considered in violation of this chapter and will be prosecuted under this chapter, the city’s civil penalties ordinance, or as otherwise provided by law. All foresters, arborists, or contractors involved in tree or vegetation operations shall be jointly responsible with the landowner for any tree or vegetation violation and restitution required at a site as a result of tree or vegetation activity.
G. Permit and Review Procedures.
1. Applications for critical area permits for tree or vegetation activities shall include:
a. City of Bainbridge Island master land use application (http://www.bainbridgewa.gov/161/Documents-Forms-Applications);
b. A letter or report from an International Society of Arboriculture (ISA) certified arborist for any tree removal or coppicing greater than 2,500 square feet;
c. Documentation in letter format by a geotechnical engineer licensed in the state of Washington if required pursuant to subsection C of this section.
d. A letter or report from an International Society of Arboriculture (ISA) tree risk assessment qualified (TRAQ) arborist for removal of any hazard tree;
e. A replanting plan if required pursuant to subsection C of this section; and
f. Any additional information required by other sections of this chapter.
2. A critical area permit for tree or vegetation activity shall not be approved if it creates or results in a net loss to one or more critical area functions or values.
3. The city may request technical review from qualified professionals or other agencies at the applicant’s expense to ensure no net loss in critical area functions and values. (Ord. 2018-01 § 2 (Exh. A), 2018)