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A. Maintenance. Trees, vegetation, and soils are to be properly maintained in a vigorous and healthy condition, free from diseases, pests and weeds. Competing vegetation shall be controlled to the extent necessary to allow establishment, survival, and growth of planted trees. To ensure that competing vegetation is properly controlled, the Planning Official may require the use of mulch, weed control fabric, tree shelters, and/or other measures deemed necessary. Trees and groundcover vegetation which become diseased, severely damaged or which die shall be removed by the owner as soon as possible but no later than 60 days after notification by the city. All trees and groundcover vegetation removed under this section shall be replaced with healthy trees and vegetation of the same size, species, and planting standards as required by the approved tree, vegetation, and soil plan for the property.

B. Maintenance as a Condition of Plat Approval. In a single-family residential development that exceeds four lots, soils, vegetation, mitigation trees, retained trees, and areas dedicated as tree tracts shall be properly maintained and retained unless removal is approved in accordance with 20.770.060 VMC. The tree, vegetation, and soil plan shall be a condition of plat approval and on the face of the plat.

C. Multifamily Residential, Commercial, Industrial Developments, Conditional Use. For all soils, vegetation, and trees covered by the tree, vegetation, and soil plan, the maintenance requirement shall apply in perpetuity to developments that are multifamily residential developments in excess of four units, commercial and industrial. The applicant shall execute a covenant in a form agreeable to the city which shall require that the applicant and his successors comply with the maintenance requirement imposed by this section. The covenant shall be binding on successor property owners and owners’ associations. The covenant shall be recorded by the county auditor. The recording fee shall be paid by the applicant.

D. Maintenance agreement. Each development to which the maintenance requirement for this Chapter applies and that contain protected areas shall also be subject to a maintenance agreement. The Planning Official shall require the applicant to execute a maintenance agreement with the City, in a form acceptable to the city attorney, which shall include the provisions of the maintenance requirement in this Chapter, to ensure the survival and proper care of any soils, vegetation, and trees identified in the tree, vegetation, and soil plan.

E. Required pruning. Pruning shall be performed on newly planted deciduous trees pursuant to the following schedule and standards.

1. Pruning of deciduous trees shall be performed on newly planted deciduous trees pursuant to the following schedule and standards.

a. Year 1. Only dead, broken or crossing branches shall be pruned when the tree is planted.

b. Year 2. A Class I prune, pursuant to national arborist organization standards, shall be performed during year 2.

c. Year 3. A Class I prune, pursuant to National Arborist Association standards, shall be performed during year 3. The purpose of this pruning is to establish the proper scaffold branching, continue to raise the crown for road and sidewalk clearance, and to remove any dead, dying or crossing branches.

2. Pruning of coniferous trees shall be performed on newly planted conifer trees according to the following schedule and standards.

a. Year 1. Only dead and broken branches and/or double leaders shall be pruned when the tree is planted.

b. Year 2. Depending on species, the tree shall be pruned to encourage one central leader. Lower branches shall be pruned as needed to provide clearance.

c. Year 3. Depending on species, the tree shall be pruned to encourage one central leader. Lower branches shall be pruned as needed to provide clearance.

F. Violation. Failure to maintain the trees as required in this section shall constitute a violation of this Chapter and, if applicable, the plat covenant.

G. Conversion. For Conversion Option Harvest sites, the minimum stocking of the site, as established in this chapter, shall be maintained. Failure to maintain minimum stocking as required constitutes a violation of this chapter. Additionally, failure to comply with the conditions established in the conversion harvest option plan may result in reinstatement of the six (6) year moratorium on development as established in Chapter 222-20 WAC. (Ord. M-4179 § 86, 10/17/2016; Ord. M-3840 § 33, 08/06/2007; Ord. M-3643, 01/26/2004)