18A.70.330 Oregon white oak preservation.
The Oregon white oak, quercus garryana, also known as Garry oak, is a native tree designated by Washington Department of Fish and Wildlife as a priority habitat. In Lakewood, individual trees and stands of trees are protected as critical fish and wildlife habitat area under Chapter 14.154 LMC, Fish and Wildlife Habitat Areas.
The requirements for Oregon white oak tree preservation shall be provided in accordance with the development standards of each individual zoning district and the provisions of this section and are applicable to all zoning districts.
A. Priority white oak woodlands (as defined in LMC 14.165.010) or trees located within a critical area or buffer, including shoreline buffers subject to the Shoreline Master Program, are subject to the critical areas ordinance, Chapter 14.154 LMC and/or Shoreline Master Program.
B. Permits for Oregon White Oaks.
1. Permits for Maintenance, Removal, Topping.
a. Maintenance, Removal or Topping. Regardless of diameter, a permit for removal or topping may be granted when it is determined by the Director that the Oregon white oak tree is so diseased or damaged that it presents a danger to the public or adjacent property and trimming is inadequate to ameliorate the danger.
Notification to the City by a public agency or franchised utility is required prior to tree maintenance or removal for the purpose of installing and maintaining water, storm, sewer, power, gas or communication lines, or motorized or nonmotorized streets or paths within City rights-of-way or upon a utility easement. Wherever feasible, dead Oregon white oak trees shall be left as snags for their habitat value.
i. Stands of white oak trees or trees located within a critical area are subject to the critical areas ordinance, Chapter 14.154 LMC.
ii. Individual Oregon white oak trees or stands with average DBH of greater than four (4) inches may be removed subject to the following conditions:
(a) The trees are not located in a critical area, in such case subject to the critical areas ordinance, Chapter 14.154 LMC.
(b) The applicant has demonstrated no alternative siting in order to construct streets, utilities, or other on-site improvements.
(c) Tree replacement is required at a two to one (2:1) ratio.
C. Construction Operations. During building or construction operations, suitable protective measures listed below shall be implemented around significant Oregon white oak trees to prevent injury:
1. Establish a critical root zone (CRZ) for the tree which at a minimum is a circular area around the tree trunk with a radius of one (1) foot for every one (1) inch in diameter measured at four and one-half (4.5) feet above grade, subject to the discretion of the Director when supported by a certified arborist.
2. Install an access deterring fence with a minimum height of three (3) feet around the CRZ that will remain in place till final inspections have been completed.
3. Post highly visible and legible signs of caution, warning, or do not disturb, which are not less than twelve (12) inches by twelve (12) inches of the restrictions around the tree on the fence or restricted area to help convey the importance of CRZ to workers on site.
4. No roots greater than four (4) inches in diameter shall be cut, even if such roots are outside the CRZ, subject to discretion of the Director when supported by a certified arborist.
5. Make all necessary cuts to tree roots cleanly with sharp tools and under the supervision of a certified arborist or landscape architect.
6. Construction debris or stockpile construction material shall be done outside the CRZ and away from the tree as practically possible.
7. The soil composition in and around the CRZ shall not be disturbed or altered during project construction.
8. Change in soil grades around the CRZ and tree shall be gradual.
a. Washing equipment, vehicle maintenance and other potential soil contamination activities shall be done away from the CRZ and the tree as practically possible.
b. All measures to avoid damage to tree trunks and branches should be taken during construction activities.
D. If the protective measures listed above cannot be met due to site specific conditions, or if it is determined that the measures may not meet the intent of protecting the Oregon white oak tree, the applicant will be required to provide a tree protection plan prepared by a certified arborist.
E. No hard surface area shall be allowed within the dripline of an Oregon white oak tree to the maximum extent possible. An administrative decision may allow hard surface on up to twenty-five (25) percent of the area within the dripline when there is no practical alternative and with a tree protection plan prepared by a certified arborist. [Ord. 775 § 1 (Exh. A), 2022.]