HomeMy WebLinkAbout6146ORDINANCE NO. 6 1 4 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING CHAPTER
15.74 OF THE AUBURN CITY CODE FOR THE PURPOSE
OF REVISING CODE LANGUAGE TO CLARIFY INTENT AND
ADDING LANGUAGE FOR GRADING AND FILLING ACTIVIITES
AND PROVIDING FEES THEREFOR
WHEREAS, a review of the current code revealed a need to clarify the
language throughout the chapter; and,
WHEREAS, land disturbing activities related to grading and filling need
to be clarified, including exemptions, within the Code; and
WHEREAS, the City Council provided for adoption of a City of Auburn
Fee Schedule in the adoption of Ordinance No. 5707; and
WHEREAS, new fees associated with land clearing and grading and
filling are needed to adequately administer this proposed code and are set forth
in the City of Auburn Fee Schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Chapter 15.74 of the City of Auburn Code is amended to
read as follows:
Chapter 15.74
LAND CLEARING, FILLING AND GRADING
Sections:
15.74.010 Intent.
15.74.020 Scope.
15.74.030 Definitions.
15.74.040 Permit.
Ordinance No. 6146
December 12, 2007
Page 1
15.74.050 Exemptions.
15.74.060 .Repealed
15.74.010 Intent.
The intent of this chapter is to regulate all land-disturbing activities on all
properties, and ensure reasonable mitigation is provided as necessary to
. .
A. Prevent creation of public nuisance situations, promote the public health,
safety and general welfare of the citizens of Auburn;
B. Preserve, maintain and enhance the Ceity's physical and aesthetic
character by controlling the removal of significant trees and ground cover on
undeveloped and underdeveloped properties;
C. Encourage building and site planning practices that are consistent with
the Csity's natural topographical and vegetation features in a manner which
provides for the reasonable development and enjoyment, to include
preservation a'~n^~dy~~e,,,n^~hanceym~ent of views, of the property;
D. ~Airirrin77'G'C--tt'It: e#fesfs ^f ~ ~nnr~r,+r~ll~~ri.~ne ~~i~+er ~r,~ rrrn~ ~r~i-! ~~ro+or
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Preserve the City of Auburn's water courses and
drainage patterns; minimize surface and ground water quality degradation;
control sedimentation in creeks, streams, rivers, ponds, lakes, wetlands, and
other surface water resources;
E. Protect adjacent and downstream properties from the impacts associated
with changes to the property being disturbed.
F. Ensure the safety and stability of public facilities.
G. Preclude the disturbance or removal of vegetation in advance of the
City's evaluation of a development proposal;
H€. Implement the policies of the Csity's comprehensive plan,;
. (Ord. 4861 § 1,
1996; Ord. 4775 § 1, 1995; Ord. 4266.§ 1, 1988.)
15.74.020 Scope.
This chapter shall regulate all land-disturbing activities and the removal of trees1
shrubs, and/or ground cover . T~}eS@
Ordinance No. 6146
December 12, 2007
Page 2
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and/or land subject to shoreline management jurisdiction shall be subject to
ACC 16.10 and 16.08, respectively, and the procedural requirements of this
chapter.
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. (Ord. 4861 §
1, 1996; Ord. 4775 § 1, 1995; Ord. 4266 § 1, 1988.)
15.74.030 Definitions.
For the purpose of this chapter the following words shall have the
following meanings:
Ordinance No. 6146
December 12, 2007
Page 3
A. "Accelerated erosion" means any increase .over the rate of natural
erosion as a result of aland-disturbing activity.
BA. "Clearing" means any activity which removes or seriously
damages ground covert shrubs, and/or trees including but not limited to root
mat removal and/or topsoil removal by mechanical and/or chemical means and
which exposes the earth's surface.
C. "Filling" means the act of transporting or placing (by any manner or
mechanism) fill material from, to, or on any soil surface, natural vegetative
covering.of soil surface, or fill material (including temporary stockpiling of fill
material .
D. "Grading" means any excavating, filling, clearing, or re-contouring of the
ground surface or combination thereof.
E~. "Ground cover" means small plants such as salal, +~--ferns,
mosses, grasses or other types of vegetation which normally cover the ground,
including trees less than sixes inches in diameter measured at 24 inches
above ground level, which renders the surface of the soil stable a aq inst
accelerated erosion.
F. "Impervious surface" means compacted gravel, asphaltic concrete,
Portland cement concrete bituminous surface oil-mat or other finished surface
or ground which is impenetrable or nearly impenetrable by water, or which
becomes so over time as determined by the runoff "curve number" (CN) value
as defined by the Natural Resources Conservation Service (NRCSZ
G. "Land-disturbing activity" means any alteration of land that results in a
change in the existing ground cover or topography and that may cause or
contribute to accelerated erosion or increased surface water runoff.
H. "Permanent structure" means any buildings which are immovable
including homes, garages, barns, storage buildings, or a driveway not wider
then twenty (20) feet which is the exclusive route of ingress and egress to an
immovable garage or carport.
I. "Pre-loading" means the placement of material with the intent to
surcharge and compress subsurface soils for a limited amount of time.
J. "Sedimentation" means the process by which solid particulate matter is
transported by water off the site of the land-disturbing activity and settles onto
land or the bed of a creek, stream, river, wetland, pond, lake, or other water
body.
K. "Stockpiling" means the placement of material with the intent to remove
at a later time.
LG. "Tree" means any self-supporting perennialg woody plant
ge~+era~l~characterized by natural growth of one main stem or trunk with a
definite crown, and maturing at a height of at least ,
six 6 feet' above the ground.
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Ordinance No. 6146
December 12, 2007
Page 4
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M~. "Shrubs" means any living terrestrial plant or vegetation other than
a tree or ground cover on landau ~ mir,i.,,,,m ~f ~ Q +„ ~.~ innh°~ in h°inh+ nr
Nom. "Significant tree" means a healthy evergreen tree, six winches or
more in diameter measured fours feet above grade, or a healthy deciduous
tree four winches or more in diameter measured four feet above grade.
O~#. "Underdeveloped property" means any parcel which under the
city's zoning code may be further subdivided to allow further development, or is
not already developed to the fullest zoning potential.
P~. "Undeveloped property" means any parcel which has not been altered
from its natural state by grading or filling or by construction of private structures
or public infrastructure that allows further development. (Ord. 4861 § 1, 1996;
Ord. 4266 § 1, 1988.)
15.74.040 Permit.
A. Application. Any owner or authorized agent persea-who
intendsw+s#ea to clear, fill, or grade any property within the city, except those
specifically exempted in ACC 15.74.0259, shall first make an application to the
City and obtain the required permit for the work.~es~'r° ~ .,°rrv+i+ +hr,,,,,.h +h°
~e~l~--e#~se: Ae-applications shall ' be prepared by a
licensed professional civil engineer and shall conform to the City's Design
Standards per ACC 12.04. The Csity Eengineer shall have the authority to
accept an application, not prepared by a licensed professional engineer, if the
Csity Eengineer determines the scope of the project is such thatte-net-ree a
detailed set of plans is not required. An application for a clearinq, filling, and
grading permit shall be applied for and, where possible, processed concurrently
with any other necessary permits or approvals. In addition, the City En iq Weer
may require off-site improvements prior to issuing any _ rq adiny filling or clearinq
permits when such improvements are required to mitigate the impacts of the
proposed improvements.
Ordinance No. 6146
December 12, 2007
Page 5
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B. Approval. The City Enqineer shall have the authority to approve, modify,
approve with conditions, or deny the permit in accordance with the intended
purposes of ACC 15.74.010. The City Engineer shall also have the authority to
determine the time frame when the land-disturbing activity shall commence,
when the project is to be completed desicLnated haul routes, seasonal and
weather restrictions, and hours of operation.
C. Performance Guarantee. When the City Enqineer determines that steps
must be taken to protect other property or the public right-of-way, then the
applicant shall provide the City an assignment of funds or an irrevocable letter
of credit or other similar security satisfactory to the City Engineer, to ensure
land-disturbing activities are constructed and maintained in conformance with
the approved construction drawings, standards, and any environmental
requirements and that the impacts of the activities, including hauling impacts,
are mitigated. The amount and duration of the financial guarantee will be
determined by the City Enqineer, when required, it shall be no less than $2,000
per acre. The financial guarantee shall be accompanied by an agreement
granting the City and its agents the right to enter the property and perform work
to mitigate andlor control impacts from such land-disturbing activities utilizing
the above described satisfactory security. The agreement shall also hold the
City harmless from all claims and expenses, including attorney's fees.
Ordinance No. 6146
December 12, 2007
Page 6
D. Fees. Fees shall be assessed in accordance with the City's fee
schedule.
E. Term. Work on grading, filling, or land clearing permits must begin within
180 days from the date of issuance of the permit. If work has not begun prior to
this date, the permit shall expire and a new permit will be required prior to
commencing any grading, filling, or clearing activities, and will be subject to City
standards in effect at the time of the new permit. A six (6) month period of
inactivity on the grading, filling or clearing_work shall constitute expiration of the
permit and a new permit will be required prior to recommencing gradin, ,filling
or clearing activities and will be subject to City standards in effect at the time of
the new permit unless the applicant can demonstrate justification for the delax
to the satisfaction of the City Engineer. Work to maintain winterization
requirements shall not be considered inactivity.
F. Inspection. Construction or work for which a permit is required shall be
subject to inspection by the City En icLneer~ or his/her designee, and such
construction or work shall remain accessible for inspection purposes until
approved by the City Engineer ar his/her designee.
G. Revocation of Permits. Failure of the property owner and/or permittee to
comply with any or all of the provisions of this chapter or any or all provisions of
a land clearing, filling, or gradingpermit may cause the City Engineer to revoke
the permit. If the permit is revoked all operations shall cease until such time that
the noncompliance is corrected.
H. Where applicable, the property owner is responsible for obtaining the
appropriate permits from the City when the public right-of-way is used to clear,
stockpile, or load products and/or debris resulting from any land-disturbing
activit .
I. Penalties. Any violation of the requirements of this chapter or the
conditions of a land clearing, filling and grading permit shall be enforced
pursuant to the provisions of Chapter 1.25 ACC, provided that the penalty for
such violation shall be $500.00, and each day, location and/or incident shall
constitute a separate civil infraction. Additionally, each violator (each individual
participating in a violation shall constitute separate violations. PROVIDED that
if a violation involves more than 30,000 cubic yards of _ rq_ading or fill work or
more than 15 acres of land clearing, it shall constitute a misdemeanor
punishable by up to a $1000.00 fine or up to 90 days in jail or both.
Any person who clears or disturbs 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 cease until such time that a permit has been
issued and there shall be no issuance of any other permit or approval until such
time that a land clearing or filling and grading permit has been approved.
J. Appeals. Any person aggrieved by the decision of the City Engineer may,
within 10 business days of the Gity Engineer's written decision, appeal the
Ordinance No. 6146
December 12, 2007
Page 7
decision to the Hearing Examiner who shall conduct a public hearing pursuant
to ACC 18.70.040.
T(Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)
15.74.050 Exemptions.
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The following are exempt from the requirements of this Chapter:
A. Removal of dead or diseased trees, shrubs, or ground cover.
B. Clearing and grading associated with continuous agricultural uses,
excluding timber cutting not otherwise exempted.
C. Clearing and grading not to exceed 8,000 square feet of area within
individual lots, for the purpose of the construction of a single-family home or
duplex provided a building permit has been issued by the City prior to
commencing the clearing and grading activities and construction of the structure
starts within 90 days of commencing clearing and _grading activities.
D. The removal of up to six (6) trees per lot within any twelve (12 month
period or far lots greater than one (1) acre, up to six (6) trees per acre within
any twelve (12) month period, with fractional acres of one half acre or more
considered to be a whole acre.
E. Clearing and grading for the construction and maintenance of public
facilities as approved by the City Engineer to include water, sanitary sewer,
streets, highways, storm drainage and related facilities.
F. Removal of trees, shrubs, and ground cover in emergency situations
involving immediate danger to life or propert rL.
G. Routine landscape maintenance and minor repair.
H. Removal of trees and vegetation consistent with an approved surface
mining permit.
I. Removal of a tree from property zoned residential that endangers a
permanent structure by being closer to the structure than the distance from the
Ordinance No. 6146
December 12, 2007
Page 8
base of the tree to its top, regardless of whether the tree is located on the same
property as the structure.
J. Upon approval of the City Engineer or his/her designee, excavations of
less the five (5) feet in vertical depth and/or fills less than eight L~ inches of
vertical depth on any portion of a site and involving the deposit or displacement
of not more than a total of 500 cubic yards of material during any twenty four
(24) month period.
K. Upon approval of the City Engineer or his/her designee, the temporary
stockpiling of less than 500 cubic yards, combined, of topsoils, crushed rock,
sawdust, mulch, bark, chips, or similar materials on a lot, tract, or parcel of land
for a period not to exceed twelve (12) months; provided that the stockpile has
adequate coverage to prevent erosion.
L. Upon approval of the City Engineer or his/her designee, the broadcasting
of less than 500 cubic yards of topsoil, peat, sawdust, mulch, bark, ships, or
solid nutrients used for landscaping or soil conditioning on a lot tract or parcel
of land during any twenty four (24) month period, provided the finished depth
does not increase the grade from the existing grade by more then eight (8)
inches.
M. Upon approval of the City Engineer or his/her designee, the temporary
stockpiling of organic or inorganic materials used in an approved construction
project, provided the use, location, duration, and extent of the stockpile was
disclosed through the environmental or development review process. In no
case shall a temporary stockpile remain beyond a twenty fou~24) month
ep riod•
N. The creation of impervious surfaces which have a surface area less than
2600 square feet.
O. Emergency temporary sandbagging, diking, ditching, filling or similar
work during or after periods of extreme weather conditions when done to
protect life or property, provided such measures do not adversely impact
adjacent properties or public facilities.
An exemption from clearing, filing, and grading permit requirements does
not exempt a property owner from the policies, criteria, and standards contained
in this chapter or other applicable local, state, or federal regulations or permit
requirements.
The property owner is responsible to ensure that clearin oc~ f any trees that
are within striking distance of a structure or have the potential to cause damage
to others, is performed by a licensed and bonded contractor,
_(Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)
15.74.060 Repealed.
Tte~ -74-. 9-1-8-T-k~e-oily-er~i-nee-s~ ~~„--a;~ #~.~t"~e
Ordinance No. 6146
December 12, 2007
Page 9
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. (Ord. 4861 § 1, 1996; Ord. 4502 §
21, 1991; Ord. 4266 § 1, 1988.)
Section 2. The Fee Schedule of the City of Auburn is amended to
provide for land clearing and grading fees as set forth on the document
attached hereto, marked as Exhibit "A" and incorporated herein by this
reference, to be effective January 1, 2008.
Ordinance No. 6146
December 12, 2007
Page 10
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this ordinance.
Section 4. If any portion of this Ordinance or its application to any
person or circumstances is held invalid, the remainder of the Ordinance or the
application of the provision to other persons or circumstances shall not be
affected.
Section 5. This Ordinance shall take effect and be in force five (5) days
from and after its passage, approval and publication, as provided by law.
INTRODUCED: ®EC ~ ~ 2007
PASSED: DEC 1 7 2007
A VED: ®EC 1 7 2007
-.. -,
~.
;'
PETER B. LEWIS
MAYOR
ATTEST:
Dan title Daskam
City Clerk
APP OV TO FORM:
Daniel B. 'd -
City Attorney
Published: 1 z - z~ - .z-~'~ 7
Ordinance No. 6146
December 12, 2007
Page 11
EXHIBIT "A"
CITY OF AUBURN FEE SCHEDULE REVISION
Effective January 1, 2008
C. Permit Fees
Land Clearing Fees:
Base Fee (for up to 1 acre)
Additional Fees:
1 to 5 Acres
Over 5 Acres
$300.00
Add $110.00 per Acre
Add $80.00 per Acre over 5 acres
Grading and Filling Fees:
Base Fee
Additional Fees:
For 500 to 250,000 CY
Over 250,000 CY
$300.00
Add $0.10 Per Cubic Yard
Add $0.01 per Cubic Yards over 250,000
Exhibit "A"
Ordinance No. 6146
December 12, 2007
Page 12