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1895 - Ordinance - Amending Zoning OrdinanceNOTICE OF CITY OF PORT ORCHARD ORDINANCE , The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held March 10, 2003. ORDINANCE NO. 1895 AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON, AMENDING THE CITY OF PORT ORCHARD ZONING ORDINANCE REGARDING RETENTION OF SIGNIFICANT TREES. Copies of Ordinance No. 1895 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1895 will be provided at a nominal charge. Michelle Merlino Deputy Clerk Publish: Port Orchard Independent April 2, 2003 itsapleeal~~soundpblishine.com 7 ORDINANCE NO. 1895 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING THE CITY OF PORT ORCHARD ZONING ORDINANCE REGARDING RETENTION OF SIGNIFICANT TREES. WHEREAS, on December 28. 1998, the city council in Ordinance No. 1748, adopted the City of Port Orchard Zoning Ordinance; and WHEREAS, it is in interest of the public health, safety, and general welfare to retain significant trees located within the city to the extent practical and feasible; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 1748, the City of Port Orchard Zoning Ordinance, Part 63. Section 15 is amended to read as follows: Section 15: Siqnificant tree definition. significant tree is: a. For the purposes of this chapter, a any healthy, long-term tree with a DBH (diameter at breast height) of 18 inches or greater with adequate live crown to maintain tree vigor and aesthetics; any tree identified as providing wildlife habitat for threatened or endangered species; or b. C. any tree of historical or cultural significance as defined within the comprehensive plan. SECTION 2. Ordinance No. 1748, the City of Port Orchard Zoning Ordinance, Part 63. Section 16 is amended to read as follows: Section 16: Siqnificant tree retention. Significant Trees shall be retained in all zones as follows: a. Removal of any significant tree with a DBH (diameter at breast height) of 36 inches or greater shall require city council approval upon the following standards: 1. The proposed use cannot reasonably accommodate the retention of the significant tree; and The significant tree shall be replaced in accordance with Section 20, below. 2. b. All significant trees located within any required buffer area or required landscape planting area should be retained to the extent practical and feasible. Tree retention adjacent to sensitive areas is desirable. Utility developments including roadways may be exempt from the significant tree retention requirements of this chapter. C. d. Ordinance No. 1895 Page 2 of 2 e. If significant trees were previouisly located in a closed, forested situation, an adequate buffer of smaller trees shall be retained or replaced on the fringe of such significant trees. A grouping of 3 or more existing healthy trees with canopies that touch or overlap. may be substituted for each required significant tree, provided each tree has a diameter of at least 3 inches when measured 4 feet above grade. Except as provided in subsection "h" following, significant trees to be retained shall not include significant trees that are: 1. damaged or diseased; or 2. f. 9. safety hazards due to potential root, trunk or primary limb failure, or exposure of mature trees which have grown in a closed, forested situation. h. At the discretion of the city engineer, damaged or diseased or standing dead trees may be retained and counted toward the significant tree requirement if demonstrated that such a tree will provide important wildlife habitat and is not classified as a danger tree. SECTION 3. Ordinance No. 1748, the City of Port Orchard Zoning Ordinance, Part 83, Section 20(a) is amended to read as follows: a. New trees measuring 2.5 inch caliper and 6 feet in height, at a replacement rate of 3 trees for each significant tree removed. SECTION 4. This Ordinance shall be in full force and effect five (5) days afler posting and publication as required bylaw. A summaryof this Ordinance may be published in lieu of the entire Ordinance, as authorized by State law. attested by the clerk in authentication of such passage this IOth day of &rch 2003. PASSED by the City Council of the city of Port Orchar , APPROVED by the Mayor and . LESLIE J. WEATHERILL. MAYOR