HomeMy WebLinkAbout4266 4
§
?
8
9
10
11
12
15
14
15
16
17
18
19
20
21
22
25
24
25
26
27
28
29
SO
Sl
~2
ORDINANCE NO. 4 2 6 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING
A NEW AUBURN CODIFIED CITY ORDINANCE CHAPTER 15.74 TO BE KNOWN AS
THE LAND CLEARING ORDINANCE.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. There is herewith created a new Auburn Codified City Ordinance
Chapter 15.74 to be known as the Land Clearing Ordinance and
shall read as follows, to-wit:
15.74.010 Intent.
The intent of this Chapter is to provide standards and construction proce-
dures which will preserve, maintain and enhance the vegetative qualities of the
City and to enhance the quality of the City's rivers, creeks, wetlands, lakes,
streams and hillsides. This Chapter is also intended to:
A. Promote the public health, safety and general welfare of the citizens
of Auburn;
B. Preserve, maintain and enhance the City's physical and aesthetic
character by controlling the removal of significant trees and ground
cover;
C. Encourage building and site planning practices that are consistent
with the City's natural topographical and vegetation features in a
manner which provides for the reasonable development and enjoyment,
to include preservation and enhancement of views, of the property;
D. Minimize the effects of uncontrolled surface water and .ground water
runoff, to reduce siltation of lakes and streams, and to reduce the
potential of erosions and landslides;
E. Implement the policies of the City's Comprehensive Plan.
Ordinance No. 4266
Page One
1/22/88
2
4
5
6
10
11
14
17
2O
24
25
~0
15.74.020 Scope.
This Chapter shall regulate all removal of trees and/or ground cover with
the exception of the following. These exceptions shall not les. sen, to the
extent of being inconsistent with, the landscape requirements established by
the Zoning Ordinance or other permit or ordinance requirements.
A. Removal of dead or diseased trees or ground cover;
B. Clearing associated with agricultural uses, excluding timber cutting not
otherwise exempted;
C. Clearing not to exceed 20,000 square feet of area within individual
lots, for the purpose of the construction of a single family home or
duplex, provided construction starts within ninety (90) days. This
exemption shall not apply whenever clearing occurs within fifty (50)
feet of any river, creek, stream, designated wetland or on slopes in
excess of twenty-five (25) percent. In such cases a permit is
required pursuant to section 15.74.040;
D. The removal of six (6~ trees per year for the personal use of the pro-
perty owner, not to exceed six (6) trees per lot when the lot is
smaller than one (1) acre; or, not to exceed six (6) trees per acre
when the parcel is one (1) acre or larger. For parcels above one (1)
acre, that include a fraction of an acre, anything ½ or over shall be
considered to be a whole acre.
E. Clearing for the construction and maintenance of public facilities as
approved by the City Engineer to include water, sanitary sewer,
streets, highways, storm drainage and other public utilities;
F. Removal of trees and ground cover in emergency situations involving
immediate danger to life or property;
G.Routine landscape maintenance and minor repair;
H. Removal of trees and vegetation consistent with an approved surface
mining permit.
Ordinance No. 4266
Page Two
1/22/88
1
2
3
4
§
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
31
32
15.74.030 Definitions.
A. "Clearing" means any activity which removes or seriously damages
ground cover and/or trees including but not limited to root mat remo-
val and/or topsoil removal by mechanical and/or chemical means.
B. "Ground Cover" means small plants such as salal, ivy, ferns, mosses,
grasses or other types of vegetation which normally cover the ground,
including trees less than six (6) inches in diameter measured at
twenty-four (24) inches above ground level.
C. "Tree" means any living woody plant generally characterized by one
main stem or trunk with branches, and having a diameter of six inches
or more measured at twenty-four (24) inches above ground.
15.74.040 Permit.
Any person who wishes to clear any property within the City shall secure a
permit through the Public Works office. An application is required and is to
be prepared by a licensed professional civil engineer. The City Engineer
shall have the authority to accept an application, not prepared by a licensed
professional engineer, if the City Engineer determines the scope of the pro-
ject is such to not require a detailed set of plans. The application shall
contain the following items:
A. Statement as to the purpose for clearing and the subsequent use of the
property;
B. An erosion control plan to minimize runoff, control erosion and pro-
tect adjacent properties to include such measures as replanting,
reseeding, storm retention/detention ponds, or buffer areas;
C. Methods to be used to ensure that the naturally occurring direction,
location, quantity and velocity of the storm water discharge off-site
will remain unchanged, and if changed, what measures will be imple-
mented to mitigate the impacts of the changes;
Ordinance No. 4266
Page Three
1/22/88
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
D. Calculation of the on-site peak storm water runoff rate and the effect
on any drainage .courses which might be impacted by the proposed
grad i n§;
E. Calculation of any required on-site retention/detention storage
volumes;
F. Site plan to include the following information:
1. Name, address and phone number of property owner,
2. Name, address and phone number of engineer, the plan is to be stamped
by the engineer,
3. Vicinity map indicating the names and location of all streets within
at least a quarter mile radius of the subject site,
4. Legal description,
5. Description of work to be done,
6. Boundaries and dimensions of property,
7. Illustration of existing vegetation,
8. Location of all existing drainage facilities, natural and manmade,
9. Location and capacity of any areas which impound surface water,
10. Location of structures,
11. Areas in which clearing will occur and their size,
12. Soils classification.
The site plan shall be properly dimensioned and drawn at a .scale not less
than one (1) inch equals forty (40) feet and on a sheet size twenty-four (24)
inches by thirty-six (36) inches, more sheets may be allowed if necessary.
Seven (7) copies of the site plan shall be submitted at the time of applica-
tion and upon site plan approval a reproducible mylar shall be '.submitted.
G. A completed environmental checklist, if required.
15.74.050 General Standards.
A. An application for a clearing permit shall be applied for and pro-
cessed concurrently with any other permit or approval;
Ordinance No. 4266
Page Four
1/22/88
2
4
5
6
?
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
SO
B. The clearing will not unreasonably create or contribute to erosion,
landslides, flooding, siltation or other pollution as determined by
the PUblic Works Department;
C. The proposal shall contain reasonable provisions for the preservation
of natural features, vegetation, and drainage courses;
D. Clearing shall be conducted so as to expose the smallest practical
area of soil for the least practical amount of time.
15.74.060 Administrative Provisions.
A. Permit approval.
The City Engineer shall have the authority to approve, modify, approve
with conditions, or deny the permit in accordance with the intended
purposes of Section 15.74.010. The City Engineer shall also have the
authority to determine the time frame when the clearing shall start,
when the project is to be completed, haul routes and hours of opera-
tion.
The City Engineer shall within fourteen (14) working days either
approve, approve with conditions, deny or return the application to
the applicant. If the land clearing permit requires an environmental
checklist or is processed concurrently with another permit, then the
City Engineer shall make a decision on the land clearing permit con-
current with the other approvals required.
B. Performance Bond.
A performance bond or similar device may be required, if necessary as
determined by the City Engineer, to assure the property is rehabili-
tated, vegetation caused to grow, and the storm drainage system func-
tions. The amount and duration of the bond will be determined by the
City Engineer. The performance bond shall be accompanied by an
agreement granting the City and its agents the right to enter the pro-
perty and perform work. The agreement shall also hold the City
harmless from all claims and expenses, including attorney's fees.
Ordinance No. 4266
Page Fi ve
1/22/88, 2/1/88 - page five only
1
2
4
5
6
?
8
9
10
11
12
15
14
15
16
17
18
19
20
21
22
25
24
25
26
27
28
29
50
~2
C. Appeals.
An,), person aggrieved by the decision of the City Engineer may, within
ten (10) days of the City Engineer's decision, appeal t~he decision to
the Hearing Examiner who shall conduct a public hearing pursuant to
Section 18.70.040 of the Auburn City Code.
D. Fees.
Fees shall be asselssed in accordance with the City's fee schedule.
E. Revocation of permits.
Failure of the owner and/or permittee to comply with any or all of the
provisions of this chapter or any or all provisions of a clearing per-
mit may cause the City Engineer to revoke the permit. If the permit
is revoked all operations shall cease until such time that the non-
compliance is corrected.
F. Penalties.
Any person who has not complied with the requirements of this chapter
or the conditions of a clearing permit is determined to be in viola-
tion of this chapter and is subject to the penalties as outlined in
Section 1.24.010 of the Auburn City Code.
Any person who clears property without first securing a permit pursuant to
this chapter shall be subject to the penalties of this section .and may be
required to restore the site to the satisfaction of the City Engineer. In
addition all activity on the property shall stop until such time that a per-
mit has been issued and there shall be no issuance of any other permit or
approval until such time that a clearing permit has been approw_~d.
Section 2. The Mayor is hereby authorized to implement such administra-
tive procedures as may be necessary to carry out the directions of this
legislation.
Ordinance No. 4266
Page Six
1/22/88
1
2
3
4
§
6
7
8
9
10
11
12
13
14
15
16
17
18
20
21
22
23
24
25
26
27
28
29
30
31
32
Section 3. This Ordinance shall take effect and be in force (5) days from
and after its passage, approval and publication, as provided by law.
INTRODUCED:
FEBRUARY 1 , 1988
PASSED:
FEBRUARY l, 1988
APPROVED: FEBRUARY 1, 1988
ATTE ST:
City Attorney
PUBLISHED: FEBRUARY 7, 1988
Ordinance No. 4266
Page Seven of Seven
1/22/88
STATE OF WASHINGTON)
)
COUNTY OF KING )
SS.
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the
City of Auburn, a Municipal Corporation and Code City, situate in the
County of King, State of Washington, do hereby certify that the foregoing
is a full, true and correct copy of ordinance No. 4266 of the ordinances of
the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4266 was duly passed by the Council
and approved by the Mayor of the said City of Auburn, on the 1st day of February
A.D., 1988.
I further certify that said Ordinance No. 4266 was published as pro-
vided by law in the Valley News, a daily newspaper published in the City of
Auburn, and of general circulation therein, on the 7th day of February A.D
1988. ',
WITNESS my hand and the official seal of the City of Auburn, this 26th
day of February A.D., 1988.
CITY CLERK OF THE CITY OF AUBURN