ORD 22-940 - Establishing Urban Forestry FundORDINANCE NO.22-940
AN ORDINANCE of the City of Federal Way, Washington, relating
to the establishment of an Urban Forestry Fund; adding a new section
to Chapter 3.50 FWRC.
WHEREAS, Chapter 19.120 of the Federal Way Revised Code ("FWRC"), entitled
"Clearing, Grading, and Tree and Vegetation Retention," generally requires certain tree densities
to be provided and/or retained as part of the development process; and
WHEREAS, FWRC 19.120 provides for flexibility in the retention of trees in situations
where an applicant cannot provide for the minimum required tree units per acre; and
WHEREAS, FWRC 19.120.140 specifically authorizes a fee -in -lieu payment into the
City of Federal Way's ("City") urban forestry account in situations where an applicant cannot
provide for the minimum required tree units per acre; and
WHEREAS, such flexibility is desirable to allow property owners and developers to
optimize development and use of a subject property; and
WHEREAS, the creation of a designated urban forestry fund will allow the City to better
ensure the fee -in -lieu payments described above are utilized for the purposes authorized in
FWRC 19.120.140; and
WHEREAS, the Finance, Economic Development, and Regional Affairs Committee
(FEDRAC) of the Federal Way City Council considered these code amendments on 27
September 2022, and recommended adoption of the text amendments as presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance No. 22-940 Page I of 3
Section 1. Chapter 3.50 of the Federal Way Revised Code is hereby amended to add a
new section 3.50.400 to read as follows:
3.50.400 Urban forestry fund.
There is hereby established a fund to be known as the urban forestry fund as follows:
(1) Purpose. To account for revenue from enforcement actions and fee -in -lieu payments relating
to clearing, grading, and tree and vegetation retention. The fund shall be used for the purposes
identified in FWRC 19.120.170(2).
(2) Revenue sources. Revenues to support this account shall include all funding sources
identified in FWRC 19.120.170.
(3) Fund administration. The parks director or his or her designee.
Section 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this ordinance or its application to any other person or situation. The City Council of the City of
Federal Way hereby declares that it would have adopted this ordinance and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this 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.
Ordinance No. 22-940 Page 2 of 3
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be M force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 18th day of
October, 2022.
CITY OF FEDERAL WAY:
J L, MAYOR
ATTEST:
r
SIYPIIANIE COURTNEY, G C, CITY CLERK
APPROVED AS TO FORM:
J. RYAN CALL, CITY ATTORNEY
FILED WITH THE CITY CLERK: 09/28/2022
PASSED BY THE CITY COUNCIL: 10/18/2022
PUBLISHED: 10/21 /2022
EFFECTIVE DATE: 11/20/2022
ORDINANCE NO.: 22-940
Ordinance No. 22-940 Page 3 of 3