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HomeMy WebLinkAbout4861 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 ORDINANCE NO. 4861 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE TITLE '15, BUILDINGS AND CONSTRUCTION, CHAPTER 15.74 LAND CLEARING. WHEREAS, Auburn City Code Title 15, Buildings and Construction, Chapter 15.74 Land Clearing, provides standards and construction procedures which preserve, maintain and enhance the vegetative qualities of the city and enhance the quality of the city's rivers, creeks, wetlands, lakes, streams and hillsides; and WHEREAS, the deregulation of land clearing in and around residential structures is in the best interest of city of Auburn residents and property owners. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Auburn City Code Title 15, Buildings and Construction, Chapter 15.74 Land Clearing, is. hereby amended as set forth on attached Exhibit "A" and made a part hereof as though set forth in full herein. ~ The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Ordinance No. 4861 May 6,1996 Page 1 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 Section 3. 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: ~'"/~/~-_~ I - ! ATTEST: CHARLES A. BOOTH MAYOR Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 4861 May 6, 1996 Page 2 Chapter 15.74 LAND CLEARING Sections: 15 74 010 Intent. 15 74 020 Scope. 15 15 15 15 74 74 74 74 030 Definitions. 040 Permit. 050 General standards. 060 Administrative provisions. 15.74.010 Intent. The intent of this chapter is to provide standards and construction procedures 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 while recognizing property owner rights to protect ~¢~ht_~_real property and structures, intended to regulate the removal underdeveloped and undeveloped properties. This chapter is aisc of vegetation fro~ This ordinance does not regulate the taking of trees from within striking distance of a permanent structure as defined~cfinncd herein, except as stipulated in paragraphs 15.74.050 E and F,- In general the City intends to:~ Ordinance 4861 Exhibit "A" May 3, 1996 Page ! 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 city's physical and aesthetic character by controlling the removal of significant trees and ground cover on undeveloped and underdeveloped 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. F. Afford property owners of fully developed and underdeveloped parcels the ability to act freely, without permit, to protect residents, and/or occupants of a structure and any structure from potential storm damaqes, 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 lessen, 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; Ordinance 4861 Exhibit ~A" May 3, 1996 Pa~e 2 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 90 days. This exemption shall not apply whenever clearing occurs within 50 feet of any river, creek, stream, designated wetland or on slopes in excess of 25 percent. In such cases a permit is required pursuant to ACC 15.74.040; D. For undeveloped and underdeveloped properties, ~ the removal of six trees per year for ~ ........ ~ ..... ~ ~- ~~ ........ not to exceed six trees per lot when the lot is smaller than one acre; or, not to exceed six trees per acre when the parcel is one acre or larger. For parcels above one acre, that includes a fraction of an acre, anything one-half 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. I. Removal of trees and ground cover from property zoned residential and would endanger structures, To endanger ~ structure the trees must be closer than the distance from the base of the tree to the top of the tree from any permanent Ordinance 4861 Exhibit ~'A" May 3, 1996 Page 3 structure. A permanent structure for the purposes of this section shall be any buildings which are permanent including homes, garages~ barns, storage buildings and a driveway which is the permanent, exclusive route of engress egress to a permanent garage or carport which driveway is not wider than 20 feet. The buildings described herein are not limited to buildings on the same property. None of the trees to be removed shall be within 200 feet of any waterwa~ nor on a slope on excess of 15.74.030 Definitions. For the purpose of this chapter the following words shall have the following meanings: A. "Clearing" means any activity which removes or seriously damages ground cover and/or trees including but not limited to root mat removal 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 inches in diameter measured at 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 24 inches above ground. D. Deciduous trees, are a minimum of one and one-half to two inches in diameter at the time of planting; Ordinance 4861 Exhibit '~A" May 3, 1996 Page 4 E. Evergreen trees, are a minimum of four to six feet in height at the time of planting and may include either broadleaf or conifer~ F. Shrubs, are a minimum of 18 to 24 inches in height, or two gallons~ at the time of planting; G. Significant trees, means a healthy evergreen tree, six inches or more in diameter measured four feet above grade; or ~ healthy deciduous tree four inches or more in diameter measured four feet above grade, H."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 I."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, 15.74.040 Permit. Any person who wishes to clear any property within the city~ except those specifically exempted in paragraph 15.74.020, 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 Ordinance 4861 Exhibit "A" May 3, 1996 Page 5 engineer, if the city engineer determines the scope of the project is such to not require a detailed set of plans. The application shall contain the following items: A. Statement as to the purpose subsequent use of the property; for clearing and the B. An erosion control plan to minimize runoff, control erosion and protect 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 implemented to mitigate the impacts of the changes; 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 grading; 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, Ordinance 4861 Exhibit ~A" May 3, 1996 Page 6 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 inch equals 40 feet and on a sheet size 24 inches by 36 inches, more sheets may be allowed if necessary. Seven copies of the site plan shall be submitted at the time of application 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 processed concurrently with any other permit or approval. 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. E. The property owner is responsible to assure that clearin? of any trees that are within striking distance of a structure, or has potential to cause damage to others, is performed by a licensed and bonded contractor. F. The property owner is responsible for obtaining a Right of Way Use permit in those situations where public right of way Ordinance 4861 Exhibit '~A" May 3, 1996 Page 7 must be used to clear, stockpile, or load products and/or debris resulting from vegetation removal, 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 ACC 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 operation. The city engineer shall within 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 concurrent 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 rehabilitated, vegetation caused to grow, and the storm drainage system functions. 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 property and perform work. The agreement shall also hold the city harmless from all claims and expenses, including attorney's fees. C. Appeals. Any person aggrieved by the decision of the city engineer may, within 10 days of the city engineer's decision, appeal the decision to the hearing examiner who shall conduct a public hearing pursuant to ACC 18.70.040. D. Fees. Fees shall be assessed 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 permit may cause the city engineer to revoke the permit. If the permit is revoked Ordinance 4861 Exhibit May 3, 1996 Page $ all operations shall cease until such time that the noncompliance is corrected. F. Penalties. Any violation of the requirements of this chapter or the conditions of a clearing permit shall be enforced pursuant to the provisions of Chapter 1.25 ACC. 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 permit has been issued and there shall be no issuance of any other permit or approval until such time that a clearing permit has been approved. Ordinance 4861 Exhibit "A" May 3, 1996 Page 9 CHARLES A. BOOTH, MAYOR Michael J. Reynolds, City Altorney Judith C. Ausman, Assislant City Attorney Karcn C. Gulliver, Prosecutor James S. Otrcmsky, Prosecutor AUBURN CITY ATTORNEY 25 West Main, Auburn, WA 98001 Civil: (206) 931-3030 Criminal: (206) 804-3108 Fax: (206) 931-3053 STATE OF WASHINGTON ) )SS. COUNTY OF KING ) 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. 4861 of the Ordinance of the City of Auburn, entitled "AN ORDINANCE." I certify that said Ordinance No. 4861 was duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 6th day of May, 1996. I further certify that said Ordinance No. 4861 was published as provided by law in the Valley Daily News, a daily newspaper published in the city of Auburn, and of general circulation therein, on the 10th day of May, 1996. Witness my hand and the official seal of the City of Auburn, this 24th day of June, 1996. Robin Wohlhueter City Clerk City of Auburn