ORD 2204 ORDINANCE NO , 2204
AN ORDINANCE adopting regulations for the management of
vegetation removal in environmentally sensitive areas , establishing
standards for preliminary reviews , vegetation management plans ,
and the issuance of permits , and providing for the enforcement of
such regulations .
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS :
Section I
Findings . The Council makes the following findings .
A . The Washington State Growth Management Act requires certain cities to identify and
protect environmentally sensitive lands , which include steep slopes , wetlands , streams and water
courses , and wildlife habitat ;
B . It is the City ' s intent to protect environmentally sensitive areas within the City ;
C . Development within the City has resulted in increased impermeable surfaces , thereby
creating additional storm water runoff and surface water , which results in a greater risk of erosion
and landslide ;
D . The uncontrolled removal of vegetation in environmentally sensitive areas creates
potential risk to the public health, safety and welfare of the citizens of Camas .
E . Adoption of regulations managing the removal of vegetation from environmentally
sensitive areas will further the objectives of the Growth Management Act , will reduce the risk of
erosion and landslide , and will benefit the public health , welfare and safety of the citizens of
Camas .
Section II
Definitions . For the purpose of this Chapter , the following definitions shall apply :
A . " Adverse environmental impact" shall mean an impact caused by vegetation removal
which creates a risk of landslide or erosion , or which alters or damages wetlands , wetland
ildlife habitat , or stream or watercourses .
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B . " Environmentally sensitive areas " shall mean those areas defined in Chapter 18 . 61
and 18 . 62 of the Camas Municipal Code as follows : " steep slopes or area with potentially
unstable soils " 18 . 61 . 020 (1 ) ; " stream or watercourse " 18 . 61 . 0200 ) , " wetland"
18 . 61 . 020 (k) ; " wetland buffer" 18 . 61 . 020 ( l ) ; and "wildlife habitat" 18 . 62 . 040 ( a) .
Ordinance No . 2204 Page 2
C . " Vegetation removal " shall mean the destruction of plant life , and shall include
clearing , cutting , pruning , killing by herbicide , burning , or any other method of removing all or
any portion of plant life .
Section III
Exceptions . This ordinance shall not apply to :
A . Removal of vegetation outside of environmentally sensitive areas .
B . Removal of trees four inches or less in diameter , as measured at the base .
C . Annual removal of vegetation from an area under 1 , 000 square feet .
D . Removal of three or fewer trees over four inches in diameter , as measured at the base .
E . Removal of dead , diseased or dying vegetation and trees .
F . Normal maintenance associated with residential properties , including mowing ,
rototilling , and pruning .
G . Removal of non-native invasive plant species , such as Himalayan blackberries and
ivy .
H . Removal of vegetation associated with land surveys and environmental surveys .
I . Removal of vegetation related to the construction , installation, and maintenance of
public utilities .
Section IV
Permit Required . All persons seeking to remove vegetation from an environmentally
sensitive area shall first obtain a permit from the City of Camas . An application for such permit
shall be filed with the Public Works Department and shall contain information relating to the
proposed removal of vegetation , including but not limited to the location and species of plants
and vegetation proposed to be removed , the contours of the subject property , soils information ,
thero osed schedule of removal , and any other information required by the Public Works
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Director .
Section V
Preliminary Review . Upon receipt of an application for a vegetation removal permit , the
Public Works Director or his designee shall conduct a preliminary review . If the Public Works
Director finds that the proposed vegetation removal is exempt , or will have no adverse
Ordinance No . 2204 Page 3
environmental impact , then the Public Works Director shall issue a letter stating that the
provisions of this Chapter do not apply and that no permit is required .
If the Public Works Director finds that the proposed vegetation removal is not exempt,
and that there is potential for an adverse environmental impact , then a vegetation removal permit
shall be required . Any uncertainty regarding the degree of environmental impact shall be
resolved in favor of finding an adverse impact .
Section VI
Vegetation Manaizement Plan Not Required . For those applications that the Public
Works Director determines a permit is necessary , the Public Works Director shall make a further
determination of whether a vegetation management plan shall be required . If the proposed
vegetation removal is minor in nature , and , if in the opinion of the Public Works Director ,
adverse environmental impacts can be mitigated without requiring the submission of a vegetation
management plan , then the Public Works Director may issue a permit with mitigating conditions
as may be appropriate .
Section VII
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Vegetation Management Plan Re q ired . For those applications that the Public Works
Director determines a permit is necessary and which are determined not to be minor in nature , a
vegetation management plan shall be required prior to issuance of the permit
Section VIII
Vegetation Management Plan Standards . Vegetation management plans shall meet the
following standards :
A . Vegetation management plans shall be prepared by a qualified arborist .
B . If the proposed vegetation removal impacts a steep slope or area with potentially
unstable soils , the vegetation management plan shall contain a certification by a qualified
geotechnical engineer that removal of vegetation in accordance with the vegetation management
plan will not cause erosion or increase the likelihood of a landslide .
C . Where possible , proposed vegetation removal activities proximate to environmentally
sensitive areas should be configured in a manner which avoids impact .
D . Where possible , limbing , pruning or thinning should be utilized in lieu of removal of
vegetation .
Ordinance No . 2204 Page 4
E . Vegetation removal should normally be mitigated through vegetation enhancement in
the form of additional plantings .
F . Vegetation management should be done in the manner that takes into consideration
storm water runoff, slope stability , view enhancement , and wildlife habitat .
G . The schedule for removal and planting should be done in such a manner as to
optimize the survival of the modified vegetation and new plantings .
H . Monitoring of vegetation survival may be required , and should normally include
reports and photographs to the Public Works Director or his designee .
I . Vegetation removal for purposes of view enhancement should be limited to view
corridors , as opposed to removal of vegetation over a large area .
J . Vegetation management plans shall bear the certification of the qualified arborist and
any other registered professional involved in its preparation or implementation .
K . Vegetation management plans should contain a provision requiring thirty ( 3 0 ) days
written notice to the City prior to any removal of vegetation or replanting of vegetation .
Section IX
Bonding . A bond may be required to insure proper maintenance , replacement or repair
of areas altered in accordance with this Chapter . The bond amount shall be not less than 1 . 25
times the value of the plantings to be planted following removal of vegetation .
Section X
Incorporation . The provisions of an approved vegetation management plan shall be
incorporated into the covenants , conditions and restrictions of any approved development , the
conditions of approval for any subdivision , planned development , or other development , or
permit conditions for any other development permit .
Section XI
Protective Devices . The City may require a legally binding mechanism to insure that the
conditions of the vegetation management plan are followed and may include a conservation
easement , dedication to a public agency or public or private land trust , or other similar
mechanism .
Ordinance No . 2204 Page 5
Section XII
Enforcement . The Director of Public Works , or his authorized designee , is directed and
authorized to implement and enforce all provisions of this Chapter . In enforcing this Chapter ,
the Public Works Director or his authorized designee shall have the following duties and powers :
A . To require the submission of vegetation management plans , and to review and
approve such plans .
B . To inspect all construction activities to assure compliance with the provisions of this
Chapter .
C . To order the stoppage of any construction activity being conducted in violation of this
Chapter or in violation of an approved vegetation management plan .
D . To require any person violating the provisions of this Chapter or an approved
vegetation management plan to undertake all corrective and any other remedial measures
necessary to remedy such violation .
Section XIII
Penal . Any person violating any provision of this Chapter or the terms of any
vegetation removal permit shall be deemed guilty of a gross misdemeanor and shall be punished
by imprisonment for a maximum term of not more than one ( 1 ) year or by a fine in the maximum
amount of not more than $ 5 , 000 . 00 , or by both such imprisonment and fine . Each separate day
or any portion thereof during which any violation occurs or continues constitutes a separate
offense , and upon conviction thereof shall be punishable as provided in this Chapter .
Section XIV
ADDeal . Any person aggrieved by the decision of the Public Works Director to grant or
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deny an application for a vegetation removal permit may appeal that decision to the City Council .
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Every appeal eal to the City Council shall be filed with the Finance Department within ten ( 10 ) days
followin the date of the decision being appealed . Review by the City Council shall be de novo .
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Section XV
Repeal . Ordinance 2203 is hereby repealed .
Section XVI
Effective Date . This ordinance shall take force and be in effect five ( 5 ) days from and
after its publication according to law .
Ordinance No . 2204 Page 6
and APPROVED b the Mayor this ? da of May , 1999 .
PASSED by the Councily y Y
SIGNED :
Mayor
ATTEST . 0.
;r. Clerk
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APPROVED as to form :
City Attorney