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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 •.R, MIN 9 MUMMY • r . MON_ • . • • r . • • fir• • w• / • .• •. •• .. • • w •. • • w r _ • r w .• . • .. • 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 • • r w • w w • • • • • • . •• • r w • • � � • w r w . • r � � • � r w • • • u • . � w r • w r u ► r r •�•• •� w -• 1 ••. 1 �. •r •• • 1 11& r _ r r "r "01,11111. _ • . r i r w 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