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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
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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