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HomeMy WebLinkAboutOrd 1591 - 1988 Uniform Building Code (Repealed by Ord 2062) 1770 §2.3, 2.4, 2.6, 6.4 2062 1838 §6.6 ra t 1908 CITY OF TUMILA WASHINGTON ORDINANCE NO. /5'9 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON REPEALING THAT PORTION OF ORDINANCE NO. 1341, SECTION 4 (PART), SPECIFIED IN THE TUKWILA MUNICIPAL CODE AS CHAPTER 16.54 AND THAT PORTION OF ORDINANCE NO. 1547 ADOPTING APPENDIX 70 OF THE 1988 UNIFORM BUILDING CODE, ESTABLISHING NEW REGULATIONS AND REQUIREMENTS FOR CONDUCTING LAND ALTERING ACTIVITIES WITHIN THE CITY OF TUKWILA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tukwila maintains several infrastructure systems and numerous other public facilities and rights -of -way which it must protect from potential adverse impacts, and WHEREAS, the City of Tukwila is also responsible for ensuring public health, safety, and welfare of its citizenry, and WHEREAS, a considerable amount of land- altering activity which takes place every year in the City of Tukwila could have a potential impact to public and private property as well as threaten public safety, and WHEREAS, the most effective means to protect the public from the impacts of land altering activity is through the establishment of specific regulations and requirements for the conduct of such activities, and WHEREAS, the City of Tukwila Staff and City Council have worked diligently over the past year to develop regulations and requirements to control land- altering activites as necessary to protect public and private property and ensure public safety, and WHEREAS, the City Official responsible for administering the Washington State Environmental Policy Act (SEPA) has reviewed these regulations and requirements and determined that the passage of this document presents no significant environmental impacts and has formally issued a Declaration of Non Significance for this document, and WHEREAS, a public hearing was held on February 4, 1991 to solicit comments and concerns on the content of the regulations and requirements for the conduct of land altering activities as contained in this Ordinance, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: SECTION I. TITLE, PURPOSE, SCOPE, AND DEFINITIONS 1.1 EXCAVATION ORDINANCES UBC APPENDIX 70 REPEALED City of Tukwila Ordinance No. 1341 Section 4 (part) and Chapter 16.54 TMC, and that portion of Ordinance No. 1547, Appendix 70 of the 1988 Uniform Building Code are hereby repealed, effective fifteen (15) days from adoption of this Ordinance by Tukwila City Council. 1.2 TITLE This Ordinance shall be known as the City of Tukwila "Land- Altering Ordinance" and may be so cited. 1.3 PURPOSE This Ordinance is adopted to: A. Regulate land altering activity in order to control accelerated erosion and sedimentation and prevent damage to public or private property and public storm water systems. B. Prevent the sediment or sediment- related pollution and other damage to waters in the City and the region. C. Provide a supplement to the excavation and fill regulations and requirements prescribed in the Uniform Building Code. 1.4 SCOPE This Ordinance sets forth rules and regulations to control all land altering activities within the City of Tukwila. 1.5 DEFINITIONS Accelerated Erosion Any increase over the rate of natural erosion as a result of land altering activity. Applicant Any person proposing to carry out any land- altering activity within the city limits of Tukwila (see "Developer Buffer (Also known as "Sensitive Area Buffer The area contiguous to a Sensitive Area that is required for the continued maintenance, function, and structural stability of the Sensitive Area as defined in the City of Tukwila Sensitive Areas Ordinance. Clearing Any removal of trees, brush, grass, ground cover or other vegetative matter from a site which exposes the earth's surface at the site. Commercial Stockpiling Operations Operations involving the production and/or storage of unprocessed or processed sand, gravel, soil, soil mixtures, or other aggregate materials used in the manufacture of asphalt or concrete products or sold commercially. Construction Documents The drawings, plans, specifications, contracts and permits which depict how construction is to occur. Control Measure A practice or combination of practices to control erosion and attendant pollution. Control Zone A strip of land designed to prevent land altering activities from adversely affecting Sensitive Areas and their Buffers within a site. Developer A person proposing or actively carrying out land altering activity (see "Applicant" and "Person Development Standards The formally adopted standards prescribing the specific manner in which development is to take place in the City of Tukwila. Drainage Course Any flow of water through a natural drainage system, man- made conveyance system or overland drainage. Earth/Earth Material Naturally occurring rock, soil, stone, dirt, or combination thereof to exclude: hazardous materials of any type (as defined by the Washington State Department of Ecology); organic matter in quantities detrimental to the fill or the site; and materials precluded by the Uniform Building Code. Earthwork Any operation involving the excavation, grading or filling of earth materials. Engineer A professional engineer licensed by the State of Washington. Erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. Erosion Control Measure, Structure or Device A mechanism to control soil movement to the area of soil disturbance and prevent accelerated erosion and associated transport of sediments. Excavation The mechanical digging or removal of earth material. Fill Material A deposit of earth material placed by artificial means. Filling 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 stock- piling of fill material). Grade The vertical reference or elevation of the ground surface: a) Existing Grade is the grade prior to grading. b) Interim Grade is a pre determined staged grade, not the final grade, which is allowed for a specific period of time. c) Rough Grade is the stage at which the grade approximately conforms to the approved plan. d) Finish Grade is the final grade of the site which conforms to the approved plan. Grading Any excavating, filling, clearing, or the creation of impervious surface, or any combination thereof. Ground Cover Trees and any other natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. Impervious Surface Those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions pre- existent to development, grading, or alteration of the land. Such surfaces include, but are not limited to: concrete, Portland Cement Concrete, bituminous surface, oil -mat, all driving surfaces, and buildings, as defined in Ordinance No. 1549. Land Altering Activity Any activity that results in change of the natural cover or topography or which may cause sedimentation. To include, but not limited to: clearing, excavation, filling, grading, and stockpiling, as defined herein. Natural Erosion The wearing away of the earth's surface by water, wind, or other natural environmental conditions. Permanent Erosion Control The continuous on -site and off -site control measures that are needed to prevent accelerated erosion, sedimentation, or related pollution resulting from land altering activity. Permittee Any person obtaining a Land- Altering Permit in accordance with this Ordinance. Person Any legal entity recognized by the State of Washington for the purpose of assigning legal responsibility, to include, but not limited to: individuals, partnerships, firms, associations, commissions, boards, utilities, institutions, and estates. Plan A drawing which may be a part of the set of construction documents. Public Works Director The Director of the Department of Public Works for the City of Tukwila, or Public Works Department Staff designated by the Director to discharge the requirements of this Ordinance; provided, however, that any delegation of the administration and enforcement of this Ordinance shall in no way absolve the Director of Public Works of his/her responsibility for the actions taken by Staff pursuant to such delegation. Runoff Water traveling across the ground surface as a result of precipitation or other natural source. Sediment Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice, from its original site. Sedimentation The process by which earth has been transported by land altering activity and settled onto land or the bed of a creek, stream, river, wetland, pond, other water body, or artificial facility to convey, collect, or retain water. Also refers to the deposits resulting from the transportation of earth materials. Sensitive Area Wetlands, watercourses, landslide hazard areas and abandoned coal mines as designated or defined by the City of Tukwila Sensitive Areas Ordinance. Siltation The process or results thereof, whereby sediment is deposited at a location. Site A legally defined section of real property, whose boundaries are recorded for purposes of assessing taxes with the county Assessor's Office, where land altering activities are proposed; which may include all contiguous land and/or water in one ownership, or contiguous land and/or water in diverse ownership being developed as a unit, although not necessarily at one time. Slope An inclined earth surface, the inclination of which is expressed as the ratio of vertical distance over the horizontal distance. Soils Engineer A professional engineer licensed by the State of Washington, who is experienced and knowledgeable in soils engineering. Stockpiling The placement of material with the intent to remove this same material at a later time. Storm Drainage Facilities The system of inlets, conduits, channels, ditches and appurtenances which serve to collect, control, convey, and treat storm water through and/or from a given drainage area. Storm Water Precipitation that reaches the surface water system by overland flow, interflow (a complex transfer of water that occurs just below the surface of the ground) or via constructed conveyance systems. Surcharging Depositing earth or other material with the intent of consolidating or compacting the substrata, also called "preloading Surface Water The naturally occurring water that flows over or is stored on the earth's surface. Surface Water System The network of depressions, swales, channels, wetlands, ponds, streams, potholes and other features which have formed in the natural topography over time to convey or store storm or surface water. In some cases, portions of the natural surface water system have been channelized or otherwise altered. Temporary Erosion Control Measures employed to prevent accelerated erosion, sedimentation, or related pollution during or immediately following land altering activities at a site. Uniform Building Code (UBC) The most recently published version of the Uniform Building Code which has been adopted by the City of Tukwila. Waste Surplus materials resulting from construction and disposed of at other locations (off- site). Watercourse Any course or route formed by nature or modified by man, generally consisting of a channel with a bed and banks or sides substantially throughout its length along which surface water flows naturally (other than the Green/Duwamish River). The channel or bed need not contain water year- round. This definition is not meant to include irrigation ditches, storm water runoff devices or other entirely artificial watercourses unless they are used by salmonids or to convey or re -route stream flows naturally occurring prior to construction of such devices. Wetland An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and, which under normal circumstances supports vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, bogs and similar areas. 1.6 OTHER LAWS A. Whenever conflicts exist between federal, state or local laws, ordinances or regulations, the more restrictive provisions shall apply. B. Neither this Ordinance nor any administrative decisions made under it: 1. Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or 2. Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee arising from the permitted activity. SECTION II. GENERAL PERMIT PROVISIONS 2.1 MANDATORY STANDARDS All land altering activity shall be undertaken in accordance with the following mandatory standards: A. PERMIT REQUIRED No person shall initiate any land altering activity under any circumstances as prescribed in this Ordinance without first obtaining a permit; except as specifically exempted by Section 2.9 herein. B. PLAN REQUIRED All work must be performed in accordance with a sequence shown on an approved Land Altering Plan or a revised sequence as may be determined by the Public Works Director. C. CONTROL ZONE No land altering activity shall be permitted adjacent to a Sensitive Area and its Buffer without a control zone which restricts all siltation and/or other adverse impacts associated with the land altering activity from intruding upon such Sensitive Area and its Buffer. D. SEDIMENTATION AND EROSION CONTROL DEVICES If any land altering activity involves a surface area comprising more than 6,000 square feet, the person conducting the land altering activity shall employ sedimentation and erosion control devices and practices sufficient to retain all sediment generated by the land altering activity within the boundaries of the site during construction. E. GROUND COVER Within thirty (30) days following the completion of construction or development on any site, the owner shall plant all required vegetative cover in quantities sufficient to minimize erosion upon maturity and complete all non vegetative ground cover. F. DESIGN STANDARDS Unless specified herein; or in the City Development Standards; all sediment retention and erosion control devices shall be designed in accordance with the King County, Washington Surface Water Design Manual: King County Public Works Department- Surface Water Management Division; Jan. 1990 or as amended hereafter. 2.2 PERMIT CONTROL OBJECTIVES The following are basic control objectives which are to be considered in issuing a Land- Altering Permit and/or reviewing a Land Altering Plan for approval: A. IDENTIFY CRITICAL AREA On -site areas which are subject to severe erosion, and off -site areas which are especially vulnerable to damage from erosion and/or sedimentation, shall be identified and receive special attention; and, B. LIMIT TIME OF EXPOSURE All land altering activity shall be planned and conducted to limit surface exposure to the shortest feasible time; and, C. LIMIT EXPOSED AREAS All land altering activity shall be planned and conducted to minimize the size of the area to be exposed at any one time; and, D. CONTROL STORM WATER RUNOFF Storm water runoff originating upstream of exposed areas shall be controlled to reduce erosion and sediment loss during the period of exposure; and, E. MANAGE SITE RUNOFF When the increase in the velocity of storm water runoff resulting from a land altering activity is sufficient to cause accelerated erosion of the receiving water body, plans shall include measures to control the velocity at the point of discharge and prevent off site accelerated erosion or increased sedimentation of the water body; and, F. CONTROL SEDIMENTATION All land altering activity shall be planned and conducted to minimize off -site sedimentation in order to prevent damage to private and/or public property. 2.3 PERMIT AUTHORITY The Director of the Public Works Department for the City of Tukwila is the responsible Administrative Officer of this Ordinance and his/her authority includes the establishment of Regulations and Procedures to carry out the intent of this Ordinance. 2.4 APPLICATION FOR PERMIT The application for a Land Altering Permit shall be submitted on the standard Utility Permit Application Form provided by the Public Works Department. The permit may also include the following: A. Site map and Land- Altering Plan. B. Interim erosion and sediment control plan. C. Final erosion and sediment control plan. D. Maintenance schedules and agreements. E. Maintenance responsibility. F. Work schedule and construction cost estimates for each element in the required plans. G. Soils engineering report. H. Environmental checklist. I. Performance bond or other acceptable security. J. Any supplemental materials or conditions required by the Public Works Director. 2.5 EXPLANATION OF APPLICATION ELEMENTS/REQUIREMENTS A. SITE MAP AND LAND ALTERING PLAN The site map and Land Altering Plan shall contain all the following information: 1. Existing and proposed topography of the site depicted at a contour interval sufficiently detailed to define the topography over the entire site. a. Two foot intervals shall be the standard unless a greater number of contours are required to define drainage system directions of flow. b. National Geodetic Vertical Datum (1929) shall be used as the vertical reference. c. First order leveling shall be applied to site survey work or the level of survey shall be per FEMA requirements whichever is less restrictive. d. Two foot contour intervals which depict topography up to a maximum of 300 feet off -site, sufficient to show on- and off -site drainage. 2. Site property lines shown in true location with respect to the plan's topographic information. 3. Location and graphic representation of all existing and proposed natural and man made drainage facilities. 4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of any portions of the area served by a storm water facility, calculated according to run -off design criteria described in the City of Tukwila's Comprehensive Surface Water Management Plan; as amended hereafter. 5. Location and graphic representation of proposed excavations and fills, or on -site storage of soil and other earth material, and any on- site disposal. 6. Quantity of soil or earth material in tons or cubic yards to be excavated, filled, stored or otherwise utilized on -site. 7. Location of proposed final surface runoff, erosion and sediment control measures. 8. Proposed sequence and schedule of excavation, filling and other land altering activities, together with plans for soil or earth material storage and disposal. 9. Specifications for materials and the quantities thereof, to be used as fill on the site. 10. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings, utilities, or structures on land adjacent to the site which are within 15 feet of property lines or which may be affected by the proposed grading operations (e.g. residual settlement). 11. Quantities, materials, specifications, and locations of any additional erosion and sediment control measures and/or facilities or special requirements prescribed by the Public Works Director. B. INTERIM EROSION AND SEDIMENT CONTROL PLAN The following information shall be provided in reference to conditions existing on the site during land- altering activities: 1. Maximum surface runoff from the site, calculated using the standards described in the King County, Washington Surface Water Design Manual; King County Public Works Department Surface Water Management Division; January 1990 or as amended hereafter. 2. The Interim Plan shall also contain a delineation and brief description of the following: a. Measures to retain sediment on the site, including the design, specifications, and maintenance schedules for, sediment detention basins. b. Surface runoff and erosion control measures to be implemented, including, but not limited to: types and methods of applying mulches; designs and specifications for diverters, dikes and drains; and, a maintenance schedule for all elements. c. Vegetative measures to be used, including, but not limited to: types of seeds and fertilizer; application rates; the type, location and extent of pre existing and undisturbed vegetation; and, a maintenance schedule for all elements. C. FINAL EROSION AND SEDIMENT CONTROL PLAN At the discretion of the Public Works Director, the following information may be required in reference to permanent site conditions: 1. Maximum runoff from the site, calculated by a licensed engineer using the rational method. 2. Requirements shall also include descriptions and specifications of the following: a. Sediment and oil retention devices. b. Surface runoff and erosion control devices. c. Vegetative measures utilized for erosion control. 3. A graphic representation of the location of all items in Subsection 2, may also be required. D. MAINTENANCE SCHEDULE AGREEMENTS 1. Prior to the issuance of a Land- Altering Permit the applicant, developer or owner shall provide a monitoring and maintenance schedule for permanent erosion control facilities that is binding on all subsequent owners of land served by the Sediment and Erosion Control Facilities. Such schedule shall provide for access to such facilities by the Public Works Director or his/her authorized representative. 2. The maintenance schedule shall be developed for the life of each permanent erosion control system element and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. 3. The maintenance schedule shall be printed on the Land Altering Plan and shall refer to the Land Altering Ordinance as currently modified. E. MAINTENANCE RESPONSIBILITY 1. The owner of the property on which work has been done pursuant to this Ordinance, shall maintain in good condition and promptly repair, restore, or replace all grade surfaces, walls, drains, dams, structures, vegetation, erosion and sediment control measures, and other protective devices in accordance with approved plans. 2. The property owner shall also be responsible for the monitoring and removal of all sedimentation arising from his/her development and clearing the downstream public /private system. 3. In addition to other enforcement provisions described in Section 2.11, failure to maintain erosion control and sediment retention facilities in accordance with the approved maintenance schedule may result in the work being performed at the direction of the Public Works Director and assessed as a lien against the property where such facilities are located. 4. The City shall be responsible for routine maintenance and operation of all public erosion and sediment controls located within public easements and right -of -ways, following final acceptance of such facilities by the City. F. WORK SCHEDULE AND CONSTRUCTION COST ESTIMATES 1. The work schedule shall include the proposed time(s) when all land alterations will occur and final improvements will be accomplished. The Applicant must also submit the proposed land altering schedule, including installation of temporary and permanent erosion sediment control devices and schedules for monitoring, operation, and maintenance of these facilities. 2. Construction cost estimates for the sediment and erosion control facilities required and all land altering activities planned in accordance with Sections 2.5.A., B., and C. above, shall be provided in sufficient detail to allow the Public Works Director to determine the appropriate dollar amounts for required securities and insurance. G. SOILS ENGINEERING REPORT A soils engineering report, when required, shall be based on adequate and necessary test borings, and shall contain all information listed in this Section. Recommendations included in the report shall be incorporated into the plans and specifications. 1. Data regarding the nature, distribution, strength and erodibility of existing soils and of soils to be placed on the site, if any. 2. Conclusions and recommendations for grading procedures. 3. Analysis, conclusions, and design recommendations for interim soil stabilization devices and permanent soil stabilization, to include settlement created by the grade and fill operations and potential effects to structures /utilities both on and off of the site. A monitoring program to adequately measure settlement until stability has occurred both on and off of the site shall be required in all cases where such settlement is likely to impact existing structures and/or utilities. In all cases involving the likelihood of settlement, the soils engineer shall provide a risk analysis which predicts the possible monetary liabilities associated with such settlement both on and off of the site. 4. Identification of threshold limits for slope stability and settlement which, when reached, will require the initiation of corrective measures to mitigate adverse impacts both on and off of the site. 5. Opinions and recommendations addressing the adequacy of the sites relative to the development proposed in the Land Altering Permit Application. 6. If any of the Land- Altering Permit activities are undertaken for structural purposes, the appropriate analysis of the soils shall also be provided per requirements of the current UBC, including determination of the bearing strength of the soils. This report, along with a final soils report by the Soils Engineer of Record, substantiating that the final product meets the recommendations of the original soils report (design) shall be provided by the applicant to the Building Official prior to any building construction at the site. The Soils Engineer of Record for the project shall also inspect and provide a final written report on the structural capabilities of the on -site soils. It is the sole responsibility of the applicant to enlist the services of the Soils Engineer of Record to perform any on -site inspections necessary to provide required soils reports and to substantiate that the land altering activities were conducted as specified in the original soils design report. H. ENVIRONMENTAL CHECKLIST The Land Altering Permit Application will not be processed or issued prior to environmental review and sign -off from the Department of Community Development indicating that such review has been conducted and that the proposed land altering activities are in accordance with applicable City Codes. PERFORMANCE BOND OR OTHER ACCEPTABLE SECURITY The Public Works Director may require a performance bond or other acceptable form of security as provided in Section 2.5.J.3 of this Ordinance. J. SUPPLEMENTAL MATERIALS AND CONDITIONS 1. General. The Public Works Director may require supplemental studies, inspections, and/or testing by an approved testing agency at any stage of the application or project. In addition, he /she may require other conditions deemed necessary to prevent sedimentation of public or private property, any sewer, storm drain, or water course, or to prevent the operation from being conducted in a manner hazardous to life or property, or in a manner likely to create a nuisance. These conditions may include, but are not limited to: the erection or installation of walls, drains, dams, and structures; planting, erosion and sediment control measures or devices; provision of necessary easements; and, specific work methods. All conditions must be identified on the erosion and sediment control plans submitted for approval. 2. Insurance. In addition to the conditions listed above, if in the opinion of the Public Works Director the nature of the work is such that it may create a hazard to human life or endanger adjoining property or property at a higher or lower elevation, or any street or street improvement, or any other public property, then the Public Works Director may require the applicant to file a certificate of insurance. The certificate must show that the applicant is insured against claims of damages involving personal injuries and property in an amount not less than specified in Section 6.3. The amount of insurance shall be prescribed by the Public Works Director in accordance with the nature of the risks involved and may be greater than normally required for a Land Altering Permit. 3. Security. The Public Works Director may require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the City, prior to the issuance of a Land Altering Permit. Any required securities shall be administered in accordance with Section 6.2.. Construction costs shall be submitted with the plan and the amount of the security shall not be less than the total estimated construction cost of the interim and permanent erosion or sediment control measures. The security shall not be fully released without final inspection and approval of completed work by the City, and submission of "as- built" plans. 2.6 ISSUANCE OF PERMITS A. Permits are not transferable without the approval of the Public Works Director. B. A permit shall not be issued for land- altering activities associated with building or development that is not consistent with the guidelines set out in the Comprehensive Land Use Plan (on file in the Department of Community Development) or not allowed by existing zoning, building, special exception, variance, or other codes or regulations applicable to the site. However, if a developer elects to apply for and obtain a Land- Altering Permit prior to obtaining a Building Permit and/or completing all land -use review and approval processes, and they achieve compliance with such approvals through the Land Altering Plan prior to issuance of the Land Altering Permit, the developer shall assume full liability for land altering activities conducted pursuant to the Land- Altering Permit and shall save and hold harmless the City from any claims for damages or other judgements in law or in equity arising out of later findings regarding the placement of fill materials or the inability to utilize the site as prepared through grade and fill operations. C. The Public Works Director may waive the requirement for any or all plans or specifications upon finding that the information on the application is sufficient to demonstrate that the proposed work will conform to the requirements of this chapter and other laws and ordinances; provided that, a waiver of the requirement for detailed plans and specifications shall not be construed as waiving any other requirements of this or related regulations and the applicant remains bound by all conditions of the application. D. PERMIT PROCESSING/TIMING 1. Within 40 days of receipt of an application for permit or waiver (including required accompanying information), the Public Works Director shall review the application to determine if the requirements of this Ordinance are met. The Public Works Director may request comments from other departments or agencies. 2. If the requirements of this Ordinance are met, the Public Works Director shall approve the plan, inform the applicant and issue a permit. 3. If the requirements are not met, the Public Works Director shall inform the applicant in writing and may either require additional information, or disapprove the plan. Within 21 days of the receipt of any re- submittal, the Public Works Director shall again determine if the plan meets the requirements of this Ordinance and shall either approve or disapprove said re- submittal. 4. If the plan is disapproved, the Public Works Director shall inform the applicant in writing of the reasons for disapproval. E. Upon review and approval of all required plans, the Public Works Director, in writing, shall approve the application and issue the permit upon payment of any applicable fees and the provision of any required financial assurances or securities. 2.7 PERMIT REQUIREMENTS In addition to any discretionary conditions placed on the applicant, the following shall be standard requirements of every Land Altering Permit: A. Notify the Public Works Director within the 48 hour period prior to commencing any land altering activity. B. Notify the Public Works Director of completion of any control measures within 48 hours after their installation. C. Obtain permission in writing from the Public Works Director prior to modifying the control plan. D. Install all control measures as identified in the approved erosion control plan. E. Maintain all road drainage systems, storm water drainage systems, control measures and other facilities as identified in the control plan. F. Repair any siltation or erosion damages to adjoining surfaces and drainage facilities resulting from the land altering activities. G. Inspect the construction control measures at least once each week and/or as indicated on the approved inspection schedule required by Section 4.2.A., and make needed repairs immediately. H. Keep a copy of the control plan on -site. The permittee shall at all times protect Sensitive Areas, their Buffers, and improvements to adjacent private properties and public right -of -ways or easements from damage during grading operations. The permittee shall restore to the standards in effect at the time of the issuance of the permit, Sensitive Areas, their Buffers, and public improvements damaged by the permitteets operations. 2.8 AMENDMENT Application for amendment to a permit shall be in written and/or graphic form and may be made at any time through the same process as the original application. Until such time as an amendment is approved by the City, the land altering activity shall not proceed except in accordance with the Land Altering Permit as originally approved. 2.9 EXEMPTIONS The following activities are exempt from the application of this Ordinance and do not require a Land- Altering Permit; provided they do not occur in a Sensitive Areas Overlay Zone as defined by the City in the Sensitive Areas Ordinance: A. Excavations less than five feet in vertical depth or fills less than three feet in vertical depth and involving the removal, deposit or displacement of not more than a total of 50 cubic yards of material for the duration of the entire project. B. The stockpiling of less than 50 cubic yards of topsoil, peat, sawdust, mulch, bark, chips or solid nutrients on a site. C. The creation of impervious surfaces OR clearing a cumulative surface area of less than 6,000 square feet. D. Emergency and temporary sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property; provided that work undertaken after the period of immediate threat, unless undertaken within a reasonable time and for the purpose of restoring the property to its pre extreme weather conditions state, shall not be exempt. E. Public Works Improvement Projects and Maintenance Programs shall be exempt from obtaining permits in accordance with this Ordinance but shall conform in all practices with the intent of this Ordinance. F. Agriculture. G. Commercial Stockpiling Operations which are in existence at the time this Ordinance is enacted and which involve the stockpiling of materials as a normal part of daily operations shall be exempt from obtaining a Land Altering Permit; provided that the property owner has obtained written approval from the Public Works Director. 2.10 PERMIT FEE A non refundable permit fee will be collected at the time of the issuance of a Land- Altering Permit. The permit fee will provide for the cost of: plan review; administration and management of the permitting process; inspections; and, variance and appeals processing pursuant to this Ordinance. A permit fee schedule shall be established by the City Council based upon the relative complexities of land altering projects, and may be amended from time to time. 2.11 PERMIT ENFORCEMENT If, through inspection, or other means, it is determined that a person engaged in land altering activity has failed to comply with the approved Land Altering Plan and/or other permit conditions, any or all of the enforcement actions prescribed in this Ordinance may be initiated. When permit violations are identified a notice of violation shall be served upon that person by registered or certified mail or other means. The notice shall set forth the measures necessary to achieve compliance with the plan, specify the time period to commence and complete corrections, and indicate the consequences for failure to correct the violation. A. Any Land Altering Permit issued by the City may be suspended or revoked, after written notice is given to the permittee, for any of the following reasons: 1. Any violation(s) of the conditions of the permit. 2. Changes in site runoff characteristics upon which the permit is granted. 3. Construction not in accordance with the approved plans. 4. Noncompliance with correction notice(s) or stop work order(s) issued for erosion or sediment controls. 5. An immediate danger exists in a downstream area or adjacent property as determined by the Public Works Director. B. In addition to the action under subsection (A), the Public Works Director may post a site with a "stop work" order directing that all land altering activity cease immediately. The issuance of a "stop work" order may include any "discretionary conditions" or "standard requirements" which must be fulfilled before work under the Land Altering Permit may continue. C. No person shall continue or permit the continuance of work in an area covered by a stop work order, except work required to correct an imminent safety hazard as prescribed by the Public Works Director. D. The cost of any corrective measures shall be borne by the developer, owner or permittee applicant. 2.12 PERMIT DURATION From the date of issuance, permits shall be valid for a period of 180 days, or the length of the building permit or other construction authorization, whichever is longer, unless otherwise revoked. The Public Works Director may extend the permit period one or more times up to an additional 180 days. The Public Works Director may also require additional control measures as a condition of the extension if they are necessary to meet the requirements of this Ordinance. SECTION III. CRITERIA AND STANDARDS 3.1 MINIMUM CRITERIA AND STANDARDS At a minimum, plans for land altering activities shall comply with the most recent version of the Uniform Building Code and the provisions herein, with the more restrictive provisions being applicable. 3.2 CLEARING All clearing of vegetation shall conform to the specifications of this Section and those set forth in the Development Standards (on file at the Public Works Department) unless otherwise exempt. A. Clearing shall be restricted to the extent necessary to develop the site. The extent of such clearing shall be approved by the Public Works Director and shall be delineated on the approved site plans. B. Clearing in a designated Sensitive Area or its Buffer shall conform to the conditions and restrictions prescribed by review processes in the Department of Community Development and the City's Development Standards. 3.3 GRADING Changes in site topography shall conform to the following restrictions and objectives and the requirements of the City's Development Standards: A. Fills in the regulatory floodway shall not be permitted. (As defined in the current F.I.R.M. on file in the Public Works Department). B. The project shall be designed to minimize elevation changes, cleared areas, and volumes of excavation or fill. SECTION IV. INSPECTION 4.1 INSPECTION ACCESS Authorized representatives of the Public Works Director may enter for the purpose of inspection and enforcement of the provisions of this Ordinance, all properties described in Land Altering Permit documentation. 4.2 INSPECTION SCHEDULE AND REPORTS A. Prior to issuing a Land Altering Permit, the applicant shall submit to the Public Works Inspector for approval, a proposed inspection schedule. B. At the Public Works Director's option, "as- built" certification by a registered professional engineer licensed in the State of Washington shall be required to certify that the facility has been constructed as shown on the "as- built" plans and meets approved plans and specifications. "As- Built" plans may also be required. When required, these elements shall be submitted prior to permit sign -off. C. The Soils Engineer's final report, if required, (e.g. for placement of all structural fills) shall be resubmitted prior to final inspection and permit sign -off. D. Upon completion of all required project elements, the permittee shall request a final inspection by contacting the Public Works Inspector. The permit process is complete upon sign -off of the issued permit(s) by the Public Works Director. SECTION V. SYSTEM/PROPERTY PROTECTION 5.1 DETERMINATION OF RISK/HAZARD If the Public Works Director determines that a significant risk of accelerated erosion or off -site sedimentation exists due to permitted land- altering activities he /she may require a revised plan. Pending the preparation of the revised plan, work shall cease or may continue under conditions prescribed by the Public Works Director. 5.2 EMERGENCY ACTION Whenever the Public Works Director determines that the act or intended act of clearing, grading, excavation or fill has become or will constitute a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way, drainage channel, Sensitive Area or Buffer, including siltation and sedimentation therein, the Public Works Director may initiate all required actions to prevent or stop any land altering activity. The developer or person conducting or intending to conduct the land altering activity, upon notification by the Public Works Director shall, within the period specified therein, terminate such clearing, grading, excavation, embankment or fill. SECTION VI. GENERAL ADMINISTRATIVE PROVISIONS 6.1 LIABILITY. Liability for any adverse impacts or damages resulting from work performed in accordance with any permit issued on behalf of the City of Tukwila for the development of any site within the City limits, shall be the sole responsibility of the property owner. 6.2 SECURITIES. For developments which may involve a risk of property damages or possible hazards, the Public Works Director may require the deposit of a financial security (bond, note, letter of credit, etc.) with the City to mitigate damages should they occur. The following provisions shall apply in instances where such securities are required: A. Securities shall not exceed the estimated cost of constructing and maintaining those improvements which are the source of the risk or potential hazard, provided that, in the case of land altering activities which do not involve expenditures at least equal to the cost of remedying the possible adverse impacts of such activities, the required security shall be equal to City Staffs best estimate of the possible costs directly associated with remedying the adverse impacts to public or private properties not associated with the development. B. The amount of any security shall not serve as a gauge or limit to the compensation collected from a property owner as a result of damages associated with any land altering activity. C. Securities shall be retained until the completion of any project involving land altering activity or following a prescribed trial maintenance period. D. Securities and/or financial assurances provided in accordance with this Ordinance may be redeemed in whole or in part by the City of Tukwila upon determination by the Public Works Director that any or all of the following circumstances exist: 1. Failure on the part of the party providing such assurances to fully comply, within the time specified, with approved plans and/or any corrective or enforcement actions mandated in accordance with this Ordinance; or, 2. Damages to public or property arising from the activities for which the assurance or security was required. 6.3 INSURANCE. If, in the opinion of the City official designated with the authority to administer a land -use ordinance, the risks to property or life and limb associated with a proposed development activity are substantial, said official may require the property owner to purchase liability insurance coverage in the following minimum amounts: A. Bodily injury liability $1 million per occurrence. B. Property damage liability $1 million per occurrence. The Public Works Director may require higher policy limits than stipulated above in those cases where the minimum amounts are deemed insufficient to cover possible risks. All insurance policies obtained in accordance with these provisions shall name the City of Tukwila as an "additional insured" and shall be written by a company licensed to do business in the State of Washington. Neither issuance of a permit, nor compliance with these provisions or any other conditions imposed by the City relieves any person from any responsibility for damage to persons or property otherwise imposed by law; damages in an amount greater than the insured amount; nor, imposes any liability upon the City for damages to persons or property arising from activities permitted by the City or otherwise undertaken by any person. 6.4 VARIANCES The City may grant a written variance from any requirements of this Ordinance if there are exceptional circumstances applicable to the site such that strict adherence to the provisions contained herein will result in unnecessary hardship and not fulfill the intent of this Ordinance. A written request stating the specific variances sought and the reasons supporting the approval of such variances shall be provided to the Public Works Director. The Public Works Director shall then provide a recommendation to the City Council and the Council shall make the final determination. The City shall not grant a variance unless and until sufficient reasons justifying the variance are provided. 6.5 PERMITS The application for and issuance of permits as prescribed in this Ordinance shall constitute the administrative mechanism for the enforcement of the provisions contained herein. Such permits shall be non transferrable absent approval of the Public Works Director and limited in scope to the specific activities for which they are granted. 6.6 PENALTIES The following penalties shall be applied in whole or in part for the violation of permit conditions contained in this Ordinance or the failure to obtain permits required for activities regulated by this Ordinance. All remedies shall be considered cumulative and in addition to any other lawful action. Each day that a violation of this Ordinance is committed or permitted to continue constitutes a separate offense to which both the civil and criminal penalties set forth below shall apply. A. CIVIL PENALTIES 1. The violation of or failure to comply with any of any lawful order or requirement of the permit made in accordance with the provisions of this Ordinance is a civil violation. The provisions of T.M.C. Chapter 8.22 shall be used to enforce this chapter in addition to any other procedures authorized by the T.M.C. 2. It shall not be a defense to the prosecution for failure to obtain a permit required for this Ordinance, that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work, erroneously believed a permit had been issued to the property owner or any other person. B. CRIMINAL PENALTIES. Any person who knowingly or willfully violates any provision of this Ordinance, or any rule or other adopted or issued regulations pursuant to this Ordinance, or who knowingly or willfully initiates or continues any activity for which a permit is required, except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or both, at the discretion of the court. 6.7 ABATEMENT. Any structures, work, facilities, excavations, fills or other activities which are constructed, reconstructed, operated, or performed in violation of this Ordinance or any lawful order or requirement of the Public Works Director pursuant to this Ordinance, shall be deemed to be a public nuisance and may be abated in the manner provided by T.M.C. Chapter 8.28. 6.8 INJUNCTIVE RELIEF. A. Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or other provisions adopted or issued pursuant to this Ordinance, it may either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. B. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. 6.9 APPEALS. A. APPEALS TO DIRECTOR Any person aggrieved by the action of any Public Works Staff designated to enforce or administer any provision of this Ordinance may appeal such action to the Director of the Department of Public Works for the City of Tukwila. Such appeals may be in person or in writing and shall be made within fourteen (14) days from the date that the action subject to appeal was initiated. No appeals to City Council, as described below, shall be heard without prior determination on the subject of such appeal by the Director of the Department of Public Works of the City of Tukwila. B. APPEALS TO COUNCIL Any person aggrieved by the action of the Director of Public Works, as a result of the disapproval of a properly filed application for a permit variance, a written notice of violation, an alleged failure to properly enforce the Ordinance in regard to a specific application, or the denial of an appeal to the Director of Public Works, may appeal that decision to the City Council. That appeal shall be made in writing to the City Clerk within ten (10) days of the Public Works Director's decision and shall state the reasons for the appeal. The City Council shall affirm, deny, or modify the decision of the Public Works Director within ninety days of the filing of the appeal. Prior to making its decision, the City Council may hold a public hearing. Appeals of decisions made by the Building Official in reference to the application of this Ordinance shall be made in accordance with Section 204 of the U.B.C. SECTION VII. SEVERABILITY If any portion of this Ordinance, as now or hereafter amended, its application to any person or circumstances is held invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision, or part thereof not adjudicated to be invalid or unconstitutional and its application to other persons or circumstances shall not be affected. SECTION VIII. EFFECTIVE DATE This Ordinance shall take effect fifteen (15) days from the date of publication of the attached summary which is hereby approved. PASSED BY THE CITY COUN IL OF THE OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1991. (P GaI L' Van Dusen, Mayor A' r1'E S T /AUTHENTICATED: e E. Cantu, City Clerk APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: .714-4„e FILED WITH THE CI,IY CLERK: 8 7 PASSED BY THE CITY COUNCIL; a3- PUBLISHED: D GI EF'F'ECTIVE DATE: a S ORDINANCE NO.: /5 SUMMARY OF ORDINANCE NO. /5 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REPEALING THAT PORTION OF ORDINANCE NO. 1341, SECTION 4 (PART), SPECIFIED IN THE TUKWILA MUNICIPAL CODE AS CHAPTER 16.54 AND THAT PORTION OF ORDINANCE NO. 1547 ADOPTING APPENDIX 70 OF THE 1988 UNIFORM BUILDING CODE, ESTABLISHING NEW REGULATIONS AND REQUIREMENTS FOR CONDUCTING LAND ALTERING ACTIVITIES WITHIN THE CITY OF TUKWILA, AND PROVIDING FOR AN EFFECTIVE DATE. On /9 the City Council of the City of Tukwila passed Ordinance No. /59/ repealing Ordinance No. 1341 Section 4 (part) and a portion of Ordinance No. 1547, Appendix 70 of the 1988 Uniform Building Code; establishing requirements for land altering activities, and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of 9 (yie E. Cantu, City Clerk Published: Valley Daily News SUNDAY, MARCH 10, 1991 a