HomeMy WebLinkAbout12-17-2007 ITEM VIII-A-10�k
CITY
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject:
Date:
Ordinance No. 6146
December 10, 2007
Department:
Attachments:
Budget Impact:
Public Works
Ordinance No. 6146 and Detail
Changes Document
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6146.
Background Summary:
Ordinance No. 6146, revises Auburn City Code Chapter 15.74 on Land Clearing to incorporate
requirements for grading and filling permits and clarify the intent of when permits for these types of land -
disturbing activities are required. In addition, the Ordinance adopts the new and revised fees for the
associated permits to the City's 2008 Fee Schedule.
In the creation of these proposed code revisions, several sections of original text were retained but
moved to a different section of the code and modified. To provide council a clearer understanding of
these changes, a document highlighting the specific changes to the original language has been attached
for reference. Specifically, the proposed section 15.74.040 incorporates original language from sections
15.74.050 and 15.74.060 and the proposed section 15.74.050 incorporates original language from section
15.74.020.
W1217-6
03.4.2.5
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ® Planning & CD
❑ Fire ® Planning
❑ Park Board ®Public Works
® Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until —/_/
Tabled Until _/_/_
Councilmember: Wagner Staff: Dowd
Meeting Date: December 17, 2007 1 Item Number: VIII.A.10
AUBURN *MORE THAN YOU IMAGINED
ORDINANCE NO. 6 14 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:
Sections:
15.74.010
15.74.020
15.74.030
15.74.040
Chapter 15.74
LAND CLEARING, FILLING AND GRADING
Intent.
Scope.
Definitions.
Permit.
Ordinance No. 6146
December 12, 2007
Page 1
15.74.050 General standaFdsFxemptions.
15.74.060 Administrative p Fevis ions, 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
and eRhaRGe the vegetative qualities of the Gity and to eenhanGe the quality C)
the rity's rivers, GFeeks, wetlands, lakes, StFearns and hillsides while - . . 9
property ewneF Fights te pFeteGt Gertain real property an structures. This
frorn within striking distance of a peFrnanent GtFUGtUFe as defined h Pt
as stipulated iR AGG 15.74,050(E) and (F). in general, the Gity i-t—d-
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 and enhancement of views, of the property;
D. Mn;,Rq;2e- the -e#estsOf tInsaetFefled surfaGe water ground water
runoff, to FedUGe siltation E)f lakes and StFearns, and to redUGe the potential of
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.;
the ability to aGt freely, without permit, te preteGt residents and/or GGGUpants 0
(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 trees,
shrubs, and/or ground cover . These
Ordinance No. 6146
December 12, 2007
Page 2
- - •- - - -
1.01
• - - -
and/or land subiect to shoreline management iurisdiction shall be subeect to
ACC 16.10 and 16.08, respectively,• the procedural r-• - - of this
A. Removal of dead 9F diseased tFees eF gFeuRd GE)Vef:,.
13. Cie
othepNise exempted;
C. Clearing not to exGeed 20,000
M.. - ON III -1 T -T.
00.41 W
..
010,111
r
• -
• feet of RE)F r • a slope in exGess• - • 4861•
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 a land-disturbinq activity.
BA. "Clearing" means any activity which removes or seriously
damages ground cover, 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.
EB. "Ground cover" means small plants such as salal, iuy—,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 against
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 (NRCS).
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.
1. "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.
L6. "Tree" means any self-supporting perennial -Wing woody plant
gam -characterized by natural growth of one main stem or trunk with a
definite crown and maturing at a height of at least
diameter six 6 feetinGhes or more rneasuFed at 24 inGhes above the ground.
ri;a meter at the time of planting.
Ordinance No. 6146
December 12, 2007
Page 4
C "Evergreen trees" are a minimum Of fO Ur to 6iv feet in height at the time-
M. "Shrubs" means any living terrestrial plant or vegetation other than
a tree or ground cover on land ium ef 18 to 24 height, -Gr
NG. "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 Meet above grade.
OH. "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.
PI. "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 persee—who
intendswtshes to clear, fill, or grade any property within the city, except those
specifically exempted in ACC 15.74.0250, shall first make an application to the
City and obtain the required permit for the work.seGUFe a permit through the
An -applications shall is be prepared by a
licensed professional civil engineer and shall conform to the City's Design
Standards per ACC 12.04. The Ccity 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 thatto-Ref require a
detailed set of plans is not required. An application for a clearing, filling, and
grading permit shall be applied for and, where possible, processed concurrently
with any other necessary permits or approvals. In addition, the City Engineer
may require off-site improvements prior to issuing any grading, filling or clearing
permits when such improvements are required to mitigate the impacts of the
proposed improvements. Th---I'Gatien shall GGRtain the following items:
areas;A. Statement as t se fGF Glearing and the subsequent use of the
ret.i-Qntio—nidetention ponds, OF buffeF
G. Methods to be used to eRGUFe that the naturally GGGUrFing ,
IGGatien, quantity and veleGity of the storm water doSGhaFge Off site Will Fem
unGhanged, and if GhaRged, what measures will be implemeRted to mitigate the
rnpaGtS of the Ghanges;
D. Ca!GU!at; n of the GR site peak storm water Funoff Fate and the effeGt OR
any drainage GGUrses WhiGh might be impaGted by the proposed gFad*Rg;
Ordinance No. 6146
December 12, 2007
Page 5
owner,F. Site pla-.n. to R.rdude the following informa
2'1' sand phone RUMbeF of_eRgine r the plan is to be
stamped by the engineer
,
at least a quaFteF mile Fadius of the s„hicnt bite
4 Legal decrrintinn
,
5. DesGruption of work to be ,
6. Beundw'es and dimeRSiORS Of ,
7 11lustra ion of existing vegetation
-r--nTcr,.rrrcrcrvrrvrc�cra m -r9 vegetation,
cccrcrvrr
,
water,
10. LoGatiOR of ,
11 0 Areas in whinh nleaFir,n will onn„r and their cis
17 Qoila nla66ffifination
The site plan 6hall be properly dimeRsioned and drawn at a SGale no
less than one iRGh equals 40 feet and on a sheet size 24 wRGhes by 36 *RGh
mere -sheets -may be allowed if-nece66iry—Be eR optes of the -site-plan 6ha4
G A nomnleted eRVironmental nheGkIict if required
B 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 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 designated haul routes, seasonal and
weather restrictions, and hours of operation.
C Performance Guarantee. When the City Engineer 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 Engineer, 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 and/or 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 gradin , 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 therq ading, filling or clearing work shall constitute expiration of the
permit and a new permit will be required prior to recommencing^ grading, 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 dela
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 Engineer, or his/her designee, and such
construction or work shall remain accessible for inspection purposes until
approved by the City Engineer or 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 grading permit 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
activity.
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 ofrq 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 City 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.
.(Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)
15.74.050 General standardsFxemptions.
R The ea FuRg W411 not unreasonably mato or n e to eFOGioH
—n—r��c-6i.., n-ca$6I�a�F-6rcaic--vi–vBf�H� F�t�c�-cry
landslides, flooding, siltation or otheF PE)I!Ut*GR as determined by the publiG
works ent
ID. Clearing shall be GOnduGted so as to expose the smalle6t praGtiGal ar
E. The PORSahle to assure that GleaFino of any tFees
peFm*t wR these situatiens wheFe p blip Fight _oof way must be used W Gloat
SteGkpilea .
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 andrg ading activities.
D. The removal of up to six (6) trees per lot within any twelve (12) month
period or for 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, sanity sewer,
ewer,
streets, highways, storm drainage and related facilities.
F. Removal of trees, shrubs, 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.
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 (8) 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 four (24) month
period.
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 clearing of 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.)
15.74.060Repealed.
A. Permit The Gity e-Rgineer shall have the authority to approv,
.. ;-. the permit
pi—
44 -..- . .. - C .- -.. .- . . - .�
Ordinance No. 6146
December 12, 2007
Page 9
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9 MUMMY
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MON_ • . • • r . •
• fir• • w• / • .• •. •• ..
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F- . ....... Oil plap K-1
r. •. •• • r • .w
� r 1• • w• w • r r u r • . • r
• . eRfGFGed pursuant w • w a . S w
--diti Rs of a GleaFiRg Pe 611
GhapteF 1.25 1
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• � � • w r w . • r � � • � r w • • • u • . � w r • w
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publiGr + • • it AGG 18.70.040. (Ord. • • ♦ 1996;
••Ord. 1
21, 1991;
• . • • • ♦ •
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.
ATTEST:
Danielle Daskam
City Clerk
t
Published:
Ordinance No. 6146
December 12, 2007
Page 11
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
EXHIBIT "A"
CITY OF AUBURN FEE SCHEDULE REVISION
Effective January 1, 2008
C. Permit Fees
Land Clearinq Fees:
Base Fee (for up to 1 acre)
Additional Fees:
1 to 5 Acres
Over 5 Acres
Grading and Filling Fees:
Base Fee
Additional Fees:
For 500 to 250,000 CY
Over 250,000 CY
Exhibit "A"
Ordinance No. 6146
December 12, 2007
Page 12
$300.00
Add $110.00 per Acre
Add $80.00 per Acre over 5 acres
$300.00
Add $0.10 Per Cubic Yard
Add $0.01 per Cubic Yards over 250,000