Ordinance Implementing LID through Amendments to Landscape Regulations Ordinance #9 CITY OF MOUNTLAKE TERRACE ORDINANCE NO.

Ordinance Implementing LID through Amendments to Landscape Regulations Ordinance #9 CITY OF MOUNTLAKE TERRACE ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON, IMPLEMENTING LID THROUGH AMENDMENTS TO CHAPTER 19.130 LANDSCAPE DEVELOPMENT AND SITE BUFFERING WHEREAS, urbanization has led to increased impervious surface areas and reduced tree canopy coverage, resulting in increased surface water runoff and less percolation to groundwater aquifers. These conditions have caused the transport of pollutants to downstream receiving waters; and WHEREAS, the City of Mountlake Terrace has authority to proactively manage stormwater within its jurisdiction under the National Pollution Elimination Discharge System (NPDES) Permit for Phase II Cities; and WHEREAS, the NPDES Permit is administered by the Washington State Department of Ecology with the intent of achieving the Federal Clean Water Act of 1972 goal of ensuring that all public waters are fishable and swimmable; and WHEREAS, the Department of Ecology is requiring all Western Washington cities to review, revise and make effective local development-related codes, rules, standards, or other enforceable documents to incorporate and require LID principles and LID BMPs to be in compliance with the National Pollution Elimination Discharge System (NPDES) Permit for Phase II Cities; and WHEREAS, Low Impact Development, which calls for infiltrating water at or near its source, is recognized by the Washington State Department of Ecology as being better able to control surface water runoff and control for fluctuations in water than more traditional methods of stormwater management; and WHEREAS, the City Council intends to comply with the NPDES Permit by adopting the proposed code updates; and WHEREAS, implement of LID in residential areas requires a new approach to managing rainwater and urban runoff, mitigating the negative impacts of development and urbanization, and also preserving property values by ensuring that expected densities can be achieved in conjunction with implementation of LID principles; and WHEREAS, LID is already a component of the Comprehensive Plan, the Sustainability Plan, and the Transportation Master Plan; and

Affecting New Trees, Associated Vegetation, and Bioretention Page 2 of 10 WHEREAS, State Environmental Policy Act (SEPA) review was performed on the proposed amendment and a Determination of Non-significance (DNS) was issued on October 7, 2016, which has not been appealed; and WHEREAS, in accord with the requirement set forth in RCW 36.70A.106, the City provided the Washington State Department of Commerce notice of the City s intent to adopt the proposed ordinance on October 19, 2016 for its 60-day review and comment period; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on November 14, 2016 and has forwarded a recommendation to the City Council to approve the proposed amendments; and WHEREAS, the City Council held a public hearing on the proposed amendments on December 19, 2016, considered the proposed code amendment and the entire record, including recommendations from the Planning Commission, and found the proposal to be consistent with the criteria in MTMC 19.110.240C for amending the zoning code and with the Growth Management Act; and WHEREAS, the City Council finds that the proposed regulations will make LID the preferred and commonly used method for stormwater management within the City, as required by the Department of Ecology; and WHEREAS, the City Council finds that the proposed amendments are consistent with the City s Comprehensive Plan and other goals and objectives of the City; and WHEREAS, MTMC 19.110.240C sets forth three criteria, including consistency with the City s Comprehensive Plan, for amending the zoning code and both the Planning Commission and City Council considered whether the proposed zoning code amendments met each of the criteria; and WHEREAS, the Growth Management Act of the State of Washington (GMA) contains goals and requirements, such as consistency with the local Comprehensive Plan, that pertain to zoning code amendments and the proposed zoning code amendments in this ordinance are consistent with the GMA; and WHEREAS, the adoption of this Ordinance will promote the public health, safety, and general welfare within the City of Mountlake Terrace. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE, WASHINGTON DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact and/or Conclusion of Law of the City Council pursuant to the requirements of Mountlake Terrace Municipal Code 19.110.240C. The City Council bases its findings and

Affecting New Trees, Associated Vegetation, and Bioretention Page 3 of 10 conclusions on the entire record of testimony and exhibits, including all written and oral testimony before the Planning Commission and the City Council. Section 2. Amendment. Section 19.130.110 of the Mountlake Terrace Municipal Code, Plant Material, is hereby amended to read as follows: 19.130.110 Plant material. A. Selection and Installation. The selection of landscape plant materials from the Landscape Development Guide is encouraged. This guide is available from the Planning Department and amended from time to time. All plant material shall be selected and installed in conformance with current American Association of Nurserymen standards. B. Size Requirements, General. 1. Street Trees. All trees planted adjacent to streets or in street right(s)-of-way shall be located in accordance with Section 16.22.080 and the roadway standards as established by the City Engineer. set back a minimum of eight from any public improvements except where planter area width is insufficient to allow for such setback. Required street trees shall not be located in any public right-of-way. Street trees are to be spaced a maximum distance of 35 on center. Deciduous street trees shall have a minimum caliper of two inches measured six inches above ground level and have a clear trunk for at least six above grade. Evergreen street trees shall be a minimum of 10 in height and planted well outside any required sight area triangle, spaced a maximum of 30 on center. 2. Trees, Other. Deciduous or broad leaf evergreen trees shall have a minimum caliper of one and one-half inches measured six inches above ground level. Evergreen trees shall be a minimum of six in height. All trees shall be set back a minimum of three from the face of any curb, sidewalk, building, or other structure. 3. Shrubs. Shrubs shall be selected to provide variety in height and texture, enhance the architectural design, and attractively screen views of parked vehicles and noncompatible site land uses. Installed shrubs shall have a minimum height of 21 inches. Depending on variety and intended use, other shrub stock sizes may be allowed or required. 4. Ground Cover. Living ground cover, other than grass, shall be installed so that it meets the coverage requirement of the applicable landscaping type (MTMC 19.130.240). Spacing shall be sufficient to achieve 75 percent ground coverage in a three-year period as designed by a certified landscape specialist, or according to the following standard, unless otherwise approved: a. Two-inch pots: 12 inches on center (o.c.); b. Four-inch pots: 18 inches o.c.; c. One-gallon container: 30 inches o.c. 5. Lawn Grasses and low impact development native seed. Coverage shall be provided with either seed or sod. Seed must germinate and demonstrate 100 percent coverage, or coverage in accordance with native seed manufacturer specifications, prior to final acceptance of such landscaped areas. Section 3. Amendment. Section 19.130.140 of the Mountlake Terrace Municipal Code, Retention of existing site vegetation, is hereby amended to read as follows:

Affecting New Trees, Associated Vegetation, and Bioretention Page 4 of 10 19.130.140 Retention of existing site vegetation. A. Purpose. The retention of significant trees and vegetation in the City as required by this section is important and necessary to maintain and protect property values, to enhance the visual appearance of the City, to preserve the natural wooded character of the Pacific Northwest, to promote utilization of natural systems, to reduce the impacts of development on the storm drainage system, and to provide a better transition between the various land uses permitted in the City. B. Requirement. Tree planting, retention, and replacement shall be in accordance with Section 16.22.080. To the greatest extent possible, existing significant trees that do not constitute a safety hazard shall be retained on site. Significant vegetation shall not be removed, damaged, or disturbed in any way, irrespective of requirements in other sections of this title, except as directed approved by the City under the replacement provisions of MTMC 16.22.080 and the clearing and grading provisions of Chapter 15.05. or other governmental agency with jurisdiction. A qualified aboriculturist or urban forester shall be retained by the applicant to inventory all trees on the subject property and, as necessary, make recommendations for protection, retention, and preservation or removal of trees on site. A copy of such report and recommendations shall be submitted to the City as part of the site development plan application and review process. Section 4. Amendment. Section 19.130.150 of the Mountlake Terrace Municipal Code, Significant trees and vegetation, is hereby amended to read as follows: 19.130.150 Significant trees and vegetation defined. A. Significant existing trees are defined in MTMC 16.22.150(S), and shall also include, but are not limited to, evergreen and deciduous trees with a caliper greater than six inches, and any tree which is determined by the City to be unique by reason of age, size, rarity, or status as a landmark or species specimen, and all associated shrubbery and ground covers excluding noxious weeds and vegetation such as blackberry vines and nettles. B. Significant vegetation shall include any vegetation located in a wetland or water body or within a required setback/buffer, excluding noxious weeds and vegetation such as blackberry vines and nettles. Section 5. Amendment. Section 19.130.170 of the Mountlake Terrace Municipal Code, Site clearing, is hereby amended to read as follows: 19.130.170 Site clearing. Site clearing and protection techniques shall be in accordance with Chapter 15.55 Clearing and Grading Regulations. A. No site clearing or significant tree or vegetation removal shall occur on any lot prior to approval of a proposed significant vegetation inventory plan when required. B. When a significant vegetation inventory plan is required, no building permits for site work including, but not limited to, clearing, grading, or demolitions shall be issued until: 1. An approved significant vegetation inventory plan is on file with the Planning Department; and 2. A site inspection has verified the installation of the appropriate tree and vegetation protection mechanisms. C. Under no circumstances is the stream and/or wetland buffer zone to be disturbed in any

Affecting New Trees, Associated Vegetation, and Bioretention Page 5 of 10 way. D. For any site proposed to be developed or cleared and which contains 10 or more significant trees that are in good condition, based on the approved significant vegetation inventory plan, at least 20 percent of such trees must be retained. E. Any tree or vegetation removal, site-clearing, or site alteration undertaken that does not meet these conditions will be subject to site rehabilitation, as determined by the City, and may be subject to penalties as provided for by this and other applicable ordinances. Section 6. Amendment. Section 19.130.180 of the Mountlake Terrace Municipal Code, Protection techniques, is hereby amended to read as follows: 19.130.180 Protection techniques. In order to provide the best possible conditions for the retention of significant trees and vegetation, the applicant shall comply with all provisions of a tree preservation plan under MTMC 15.55.060 and with the following provisions: the site-specific recommendations made by a qualified arboriculturist or urban forester. A copy of the recommendations shall be submitted to the City for review and acceptance and be on file with the Planning Department. In all other cases, the following requirements shall apply. No change in these requirements shall be considered acceptable unless specifically approved by the Planning Department in writing. Additional information on recommended protection techniques is available in the Landscape Development Guide. A. No filling, excavating, stacking, storing of any equipment, or compacting of the earth in any way shall be permitted within the area defined by the drip line of any tree to be retained. The drip line corresponds to the circle that would be drawn on the soil around a tree or shrub directly under its outermost branch tips; and B. No impervious surface material may be installed within the area defined by the drip line of any tree to be retained; and C. When the grade level around a tree to be retained is raised, a rock wall or well shall be constructed along the drip line as necessary; and D. Branches and roots are to may be pruned as necessary according to accepted industry standards. All disturbed plant material is to be fertilized and watered, as appropriate. E. Removal of noxious weeds from approved retention areas shall be done in a manner that limits disruption of the root system and avoids injury to the bark of the trees and vegetation to be retained. If, at the discretion of the City, it appears tree protection practices employed during site development are insufficient to protect retained trees, the applicant may be required to implement other specific tree protection techniques at that time. (Ord. 2074 8.4(E), 1995). Section 7. Amendment. Section 19.130.190 of the Mountlake Terrace Municipal Code, Replacement and restoration of significant trees, is hereby amended to read as follows: 19.130.190 Replacement and restoration of significant trees. A. For each Each and every tree or vegetation area designated for retention according to an approved significant vegetation inventory site development plan, building permit or clearing and grading permit plan that is removed, damaged, or destroyed at any time throughout the life of the

Affecting New Trees, Associated Vegetation, and Bioretention Page 6 of 10 project in violation of the approved plans, permits or this title, the City may require replanting with up to three times the number of trees that were actually removed from the subject site. Replacement trees shall be of any approved species, mutually agreed upon by the applicant and staff, at least three inches in diameter measured six inches above grade for deciduous trees, and a minimum of 12 in height for evergreen trees shall be replaced according to the replacement provisions of MTMC 16.22.080. B. In addition to tree and other plant material replacement as specified in subsection A of this section, the City may impose penalties for removal of trees in violation of the approved plan or permit pursuant to MTMC 19.140, which creates a civil liability in favor of the City in the amount of $10.00 per lineal foot of all trees removed. Section 8. Amendment. Section 19.130.200 of the Mountlake Terrace Municipal Code of the Mountlake Terrace Municipal Code, General requirements, is hereby amended to read as follows: 19.130.200 General requirements. A. Landscaping, consisting of at least grass or other live ground cover shall be provided for all developed and undeveloped portions of a proposed development or redevelopment project site not specifically landscaped to meet the perimeter, interior, or buffering requirements described in the following sections. B. In all cases, rockeries, retaining walls, other similar landscape elements, and swales shall not count toward meeting any required planting area widths or planting area percentages except as provided in MTMC 15.55.080(B) and 15.55.085(B). Bioretention swales used for low impact development shall count toward meeting required planting area widths or planting area percentages. C. No required landscape area may be disturbed or intruded into by any use or structure except as permitted in MTMC 19.130.220(A)(7). D. Plant material selection and spacing shall be in conformance with the applicable landscape type required for any area required to be landscaped. Refer to MTMC 19.130.240 for a review of landscape types. See MTMC 19.130.210, 19.130.220, and 19.130.230 to determine which landscape type is the appropriate one to use. E. Special location provisions. Plant material and fences may be placed in the street right-ofway, behind the sidewalk line, subject to approval of the City Engineer and/or a required right-ofway use permit. Such plantings shall not count toward satisfying any required landscaping but may nonetheless be part of a site s LID development requirements. Plantings and fences shall not obstruct access to water meters or fire hydrants, overhang pedestrian use areas so as to impede pedestrian passage in any way, or interfere with the sight area triangle (MTMC 19.120.290). Section 9. Amendment. Section 19.130.220 of the Mountlake Terrace Municipal Code, Interior parking lot and interior site landscape development, is hereby amended to read as follows: 19.130.220 Interior parking lot and interior site landscape development. The following interior landscape development shall be provided in addition to perimeter landscape development.

Affecting New Trees, Associated Vegetation, and Bioretention Page 7 of 10 A. All parking lot and open vehicular use areas shall meet the following requirements for interior lot development: 1. Density. Planting areas shall constitute at least 10 percent of the parking and vehicular use area in all commercial districts and 15 percent of the parking and vehicular use area in all other developments, except for single-household residential developments; 1. Planting islands. Planting islands shall be placed between every ten parking stalls and on the ends of any parking aisle with ten or more parking stalls. Planting islands include peninsular projections from perimeter landscape areas. 2. Planter Area Width. The minimum width of any planting area required planting islands shall be five. Triangular planter islands must average a minimum of five in width for the full length of the planter area. Landscape planters Planting islands between parking bays shall have a minimum interior width of eight, including vehicle overhang; 3. Minimum Area. The minimum Required interior parking lot planting areas islands permitted shall be a minimum of 65 square in size; 4. Location of Plantings. All interior parking lot planting areas shall be located between parking bays, parking stalls, or the end of parking columns. The landscaping may be peninsular or island-type. No landscape planting which occurs between the parking area and a building or recreation area shall be counted toward satisfying the requirements; 5. Maximum Contiguous Area. Required interior parking lot landscaping is to be distributed evenly throughout the vehicular use area. Landscape areas in excess of the minimum requirements may be clustered or consolidated as desired; 6. 4. Required Plantings in Landscape Islands Plant Material. As a minimum, I landscaping shall be provided in landscape islands with a minimum of one tree for each landscape island. 150 square or fraction thereof of required and provided landscape areas associated with vehicular use areas Landscape island may also be used to facilitate trees necessary to achieve required canopy coverage under subsection 5 below. Any remaining areas shall be landscaped as specified by subsection B of this section or the applicable landscape type (MTMC 19.130.240); 5. Tree canopy over impervious pavement surfaces. All exterior on-site impervious pavement areas shall incorporate landscape areas with trees that result in 40% canopy coverage of the impervious pavement areas. Canopy coverage shall be achieved at the tree s mature growth (See MTMC 16.22.080(D)). 7. 6. Parked Vehicle Overhang. A curb or other wheel stop shall be provided wherever vehicles may overhang landscaped areas. Maximum overhang for parked vehicles is limited to two-foot, six-inch for standard stalls and compact stalls, including the curb or wheel stop. Landscaping, within any vehicle overhang area, is limited to low-growing live ground covers (including grass); 8. 7. Pedestrian Access. Parking lots in any commercial or industrial zone shall accommodate pedestrian access openings through continuous planting areas by providing as a minimum, a four-foot wide pathway every fourth parking stall. Pedestrian pathways shall not be required in planting areas where pedestrian traffic is unlikely to occur; e.g., through perimeter planting areas directly opposite the building structure or where planting areas are perpendicular to the building structure; 9. 8. Alightment Area. Any parking stall abutting a planter island on the driver or passenger side of the vehicle shall provide an additional 18 inches of stall width above the minimum stall width requirement to provide a place for alighting passengers to step other than in

Affecting New Trees, Associated Vegetation, and Bioretention Page 8 of 10 the planting bed. The additional width shall be striped separate from the parking stall; and 10. 9. Light standards within a parking area are to be located in landscape planters. If tree placement interferes with light coverage requirements, alternative lighting shall be considered, such as mounting down-lighting, or up-lighting a larger tree. B. Interior lot landscape development, other than that required for perimeter and interior parking lot landscaping, shall be provided as follows. All planting areas shall be a minimum of five in width. 1. Planting areas located between the vehicular use area and an interior lot sidewalk shall be landscaped with I landscaping; 2. A II landscape planting strip shall be required between any vehicular use area, sidewalk, or right-of-way and any on-site buildings when the building facade has a mean elevation greater than 20 in height or is more than 50 long; and 3. All other areas on a subject site or building lot that are not specifically designated for parking, structure siting, storage, or to meet landscaping requirements, shall be planted, as a minimum, with 100 percent coverage with turf or 75 percent coverage with other living ground cover within three years. Section 10. Amendment. Section 19.130.230 of the Mountlake Terrace Municipal Code, Perimeter landscaping on interior lot lines Buffering requirements, is hereby amended to read as follows: 19.130.230 Perimeter landscaping on interior lot lines Buffering requirements. A. The landscape development standards of this section are in addition to other requirements of this chapter. B. To reduce incompatible characteristics of abutting properties with different land use classifications, the minimum designated width and landscape type that applies on interior property lines, shall be according to the following table. Interior Lot Line Landscape and Width Adjacent to Land Use District Single-Household Residential (RS) 3 Land Use District of Proposal 1 RS 2 None Low Density (RML) & None Medium Density Residential (RMM) Mobile Home Park (MHP) None RML 2 RMM 3 MHP V 12 III 10 III 10 V 12 III 10 CG 4 BC V 15 IV 15 BC Downtown F/T V 15 15 12 IV IV V 20 IV 15 NA LI/OP PFS V 20 V 20 V 20 SDD (R) V 20 IV 20 SDD (C/R) V 15 V 15

Affecting New Trees, Associated Vegetation, and Bioretention Page 9 of 10 General Commercial None (CG) & Community Business (BC) III 8 BC Downtown N/A IV 15 Freeway/Tourist (F/T) None Light Industrial/ Office Park (LI/OP) Public Facilities and Services (PFS) None Special Development None District (SDD R) Special Development District Commercial Residential (SDD C/R) III 12 IV 15 III 15 N/A IV 15 III 15 N/A N/A III 12 N/A N/A I 5 I 5 I 5 N/A IV 10 III 12 III 12 III 12 1. Development in the Recreation/Open Space (REC) land use district shall provide lot line landscape buffers based on Planning Commission recommendations for each case. For development in a Special Development District (SDD), refer to Chapter 19.80 MTMC for landscape buffer requirements. 2. Schools, religious facilities, performing arts centers, public recreational facilities and membership organizations, located in a RS, RMM, or RML zone, shall provide a III planting strip, 10 in width, on any interior property line. When located in any other zone, landscaping shall be provided as noted in accordance with the chart. 3 Landscape buffering requirements shall apply to both adjacent single-household residential zoned property and adjacent single-household residential land uses. 4. Subject to approval by the Planning Commission, the interior lot line landscaping area requirements for BC, CG and LI/OP zoned properties that abut BC, CG or LI/OP zoning designations, may be satisfied by providing equivalent planting area and materials elsewhere on site, for example, increased street frontage or interior parking lot landscaping. C. No portion of the required interior lot line landscape width may be utilized to satisfy any area requirements for swales (MTMC 19.130.200(B)). Section 11. Corrections. The City Clerk and codifiers of the ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. N/A

Affecting New Trees, Associated Vegetation, and Bioretention Page 10 of 10 Section 12. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance. Section 13. Publication and Effective Date. This Ordinance, or a summary thereof consistent of the title, shall be published in the official newspaper of the City and shall take effect and be in full force five (5) days after its adoption and publication as required by law. PASSED BY THE CITY COUNCIL OF THE CITY OF MOUNTLAKE TERRACE this day of, 2016 and signed in authentication of its passage this day of, 2016. Mayor Jerry E. Smith ATTEST: City Clerk APPROVED AS TO FORM: Gregory G. Schrag, City Attorney