HomeMy WebLinkAboutCOW 2004-09-27 Item 4D - Ordinance - Land Altering and Grading Regulations COUNCIL AGENDA SYNOPSIS
4 y 'nitiak ITEM NO.
O 9 Z,
1,; G) 1 Meeting Date Prepared by 1 Mayor's review 1 Council review
e, 59 1 9/27/04 1 3MSinl' 141.0-1-
h" 1
I I I 1
rsos I U 1 1
1 1
ITEM INFORMATION
CAS NUMBER: 04-136 I ORIGINAL AGENDA DATE: SEPTEMBER 27, 2004
AGENDA ITEM TITLE Adopt Ordinance amending Land Altering /Grading Regulations in TMC Chapter 16.54
and repeal Ordinance Nos. 1591, 1770 §12,13,14 &15) and 1838 §15).
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date M%Date MtgDate Mtg Date 9/27/04 MtgDate MtgDate Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW'
SPONSOR'S The current Land Altering Ordinance, passed in 1991, is based on the Uniform Building
SUMMARY Code and no longer effectively addresses the City's grading requirements. This ordinance
adopts specific standards, including Appendix 3 of the International Building Code and
streamlines the language, omits redundancies and is in -line with current requirements.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8/3/04 9/21/04
RECOMMENDATIONS:
SPONSOR /ADMIN. Adopt Ordinance updating Land Altering /Grading Regulations
CoMMrrrEE Forward to COW and then Regular for adoption
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
9/27/04 1
1 MTG. DATE I ATTACHMENTS
9/27/04 Information Memo dated September 16, 2004
Land Altering Ordinance
Utilities Committee Meeting Minutes from 8/3/04 9/21/04
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Directoc~'~'l
Date: September 16, 2004
Subject: Grading Ordinance
ISSUE
The current Land Altering Ordinance, passed in 1991, is based on the Uniform Building Code
and no longer effectively addresses the City's grading requirements.
BACKGROUND
We brought the Land Altering Ordinance to the Utilities Committee on August 3, 2004, and
had some modifications. Attached is the revised ordinance that is now ready to move forward
to full City Council (with the Sound Transit delay, we thought we would review it again).
Rather than adopt standards, the current Land Altering Ordinance contains specific grading
requirements from the Uniform Building Code and surface water requirements from the King
County Surface Water Design Manual.
The City adopted the International Building Code in 2004. In 2003, the City applied for a
Phase II National Pollutant Discharge Elimination System permit from the Depatiment of
Ecology. We are also presenting the new Surface Water Comprehensive Plan.
ACTION TAKEN
A new draft grading ordinance repeals the previous land altering ordinances. It adopts specific
standards (16.54.060), including Appendix 3[ of the International Building Code as amended in
the ordinance. The language is streamlined, redundancies are omitted, and the draft ordinance
is in-line with current requirements.
RECOMMENDATION
Approve the Grading Ordinance and forward to the Committee of the Whole for approval.
attachment: Draft Ordln~nce
[i
JS.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING LAND ALTERING /GRADING
REGULATIONS WITHIN THE CITY; REPEALING ORDINANCE NOS.
1591; 1770 §12, 13, 14 AND 15; AND 1838 §15; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has obligations to protect surface water under the
Water Act and the municipal storm water discharge ermit issued b
'a:3 Clean p permit by
the State of
National Pollutant Discharge Elimination System
S
federal Naho
Washington under the fe g Y
Phase II program; and
WHEREAS, the City of Tukwila has obligations to regulate grading activities to
prevent erosion and to control sedimentation in order to protect surface waters,
sensitive areas, and public and private property; and
WHEREAS, the City Council desires that its grading requirements be in agreement
with the International Building Code, adopted by Tukwila's City Council on June 21,
2004; and
sal
WHEREAS, an addendum to the SEPA for the Comprehensive Land Use Plan
includes this land altering /grading ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations Established. New grading provisions, to be codified at
Tukwila Municipal Code Chapter 1654, are hereby established to read as follows:
Chapter 16.54
GRADING
1634.010 Purpose
16.54.020 Authority
16.54.030 Definitions
1654.040 Applicability
1654.050 Permit
16.54.060 Standards
1634.070 Supplemental Information
1634.080 Financial Guarantees
16.54.090 Exceptions
16.54.100 Penalties
16.54.120 Appeals
16.54.010 Purpose
The provisions of TMC Chapter 1634 shall be liberally construed to accomplish the
following purposes:
i3... Grading 9/24/04 1 of 5
1. Prevent damage to life, public and private property, surface waters,
sensitive areas and associated buffers.
2. Regulate grading activities, including excavation, fill, grading, earthwork
construction, and structural preloads.
3. Prevent erosion and control sedimentation.
4. Establish the standards to ernut grading activities.
P gr g
5. Provide for approval and inspection of grading activities.
16.54.020 Authority
A. The Public Works Director shall administer TMC Chapter 16.54. The Director's
authority includes the establishment of regulations and procedures, approval of permits
and exceptions, inspection of work, and enforcement and implementation of measures
necessary to carry out the intent of TMC Chapter 16.54.
B. The Public Works Director may initiate all required actions to prevent or stop
acts or intended acts which the Director determines
to constitute a hazard to life or
or adversely affect the safety, use or stability of a
safety, or endanger property, Y tY public or P
P property private er or a sensitive area or its buffer.
C. If the Director determines that a person is engaged in grading activities that do
z::,
�'ss -Z:x.: not comply with City code or with approved permit plans and /or other permit
conditions, the Director may implement any or all of the following enforcement actions:
1. Suspend or revoke without written notice any grading activity, when the
Director determines that activity poses an immediate danger to life, safety or property.
us
2. Serve a written notice of violation upon that person by registered or
certified mail or personal service. The notice shall set forth the measures necessary to
achieve compliance, specify the time to commence and complete corrections, and
indicate the consequences for failure to correct the violation.
3. Suspend or revoke any City approval for grading activities after written
notice is given to the Applicant for any of the following reasons:
(a) Any violation(s) of the permit or the permit conditions;
(b) Construction not in accordance with the approved plans; or
(c) Non compliance with correction notice(s) or "Stop Work Order(s)"
issued for the construction of temporary or permanent storm water management
facilities.
4. Post a "Stop Work Order" at the site, directing that all grading activities
cease immediately. The "Stop Work Order" may include any discretionary conditions
and standards adopted in TMC Chapter 16.54 that must be fulfilled before any work
may continue.
16.54.030 Definitions
As used in TMC Chapter 16.54, the terms shall be defined as follows:
1. "Applicant" means any person who has applied for a grading permit.
2. "Buffer" means 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 sensitive areas overlay.
Grading 9/24/04 2 of 5
3. "Director" means the Public Works Director or his /her designee, including
the City Engineer and Public Works inspectors.
4. "Erosion" means the wearing away of land surface by the action of wind,
water, gravity, or any combination thereof.
rit
5. "Excavation" means the digging or removal of earth material.
6. "Fill" means a deposit of material placed by artificial means.
7. "Geotechnrcal engineering" means the application of soil mechanics in the
investigation, evaluation, and design of civil works involving the use of earth materials
and the inspection or testing of the construction thereof.
8. "Grading" means any activity that results iim change of the cover or
topography, or any activity that may cause erosion, including clearing, excavation,
filling, grading and stockpiling.
9. "Sensitive area" means wetlands, watercourses, areas of potential geologic
instability, abandoned coal mines, and fish and wildlife habitat areas, per the City's
Sensitive Areas Ordinance.
10. "Site" means any legally defined section of real property, whose
boundaries are recorded with the King County Assessor's office for the purposes of
assessing taxes.
16.54.040 Applicability
A. TMC Chapter 16.54 applies to all grading activities within the City limits.
B. Flood zone grading, excavation and earthwork construction, including fills and
embankments, shall comply with the requirements of TMC Chapter 16.52.
C. City departments shall comply with all the requirements of TMC Chapter
16.54, except that they are not required to obtain permits and approvals from the City
for work performed in the public right -of -way, nor for operation and maintenance
activities by the Department of Parks and Recreation.
16.54.050 Permit
A. A permit is required for all grading activities occurring within the City limits,
except the following:
1. Excavation for construction of a structure permitted under the
International Building Code.
2. Cemetery graves.
3. Refuse disposal sites controlled by other regulations.
4. Excavations for wells, or trenches for utilities.
5. Mining, quarrying, excavating, processing or stockpiling rock, sand,
gravel, aggregate or clay controlled by other regulations, provided such operations do
not affect the lateral support of, or significantly increase stresses in, soil on adjoining
properties.
6. Exploratory excavations performed under the direction of a registered
design professional, as long as this exploratory excavation does not constitute the
beginning of construction of a building prior to obtaining a permit.
3
Grading 9/24/04 3 of 5
f..
B. Applications for permits pursuant to TMC Chapter 1654 shall be submitted to
the City in the format and manner specified by the Director.
C. An approved grading permit applies to one site A separate permit shall be
obtained for each site
D. The City shall collect a nonrefundable permit fee, the amount set by resolution
of the City Council.
16.54.060 Standards
A. All grading activities require erosion prevention and sediment control
conunensurate with the degree of risk, as determined by the Director.
B. All grading activities shall be undertaken according to the following
mandatory standards:
1. All design and construction shall be performed to minimize soil
disturbance and to maximize erosion prevention and sediment control.
2. All grading activities shall be consistent with
?z- a. The International Building Code, Chapter 18 and Appendix J.
z 3 Appendix J is hereby adopted by reference, except as amended in TMC 1654.050, and
as may be amended from time to time
l'?..]:81. b. The Public Works Department's Development Guidelines and Design
and Construction Standards.
a <a
c The King County Surface Water Design Manual, Appendix D, and as
may be amended from time to time.
d. Tukwila Municipal Code Chapter 18.45, "Sensitive Areas."
e. Policies and procedures set forth by the Director.
16.54.070 Supplemental Information
A. The Director may require supplemental studies, inspections, or testing by an
approved testing agency to be performed at the owner's expense.
1' B. The Director may require a Hold Harmless Agreement for activities in or near a
sensitive area, or for a deviation from standards set forth in TMC 1654060.
16.54.080 Financial Guarantees
fi A. The Director may require a bond for erosion prevention and sediment control
in the amount of 10% of the total project cost on projects which clear more than 6,000
square feet or contain or abut sensitive areas such as, but not limited to, Class 2 or
steeper slopes, wetlands, or critical drainage.
B. If the Director determines the nature of any work creates a hazard to human
life, endangers public or private property or sensitive areas, the Director may require
the applicant to file a Certificate of Insurance. The Director, based on the nature of the
risks involved, shall determine the amount of insurance.
16.54.090 Exceptions
4;E: The Director may grant a written variance from any requirements of TMC Chapter
16.54 if there are exceptional circumstances applicable to the site such that strict
adherence to these provisions will not fulfill the intent of TMC Chapter 16.54.
Grading 9/24/04 4 of 5
1634100 Penalties
A. Any violation of any provision, or failure to comply with any of the
requirements of TMC Chapter 16.54, shall be subject to the terms and conditions of
TMC Chapter 8:45, "Enforcement'.
B. The City Attorney shall bring injunctive, declaratory, or other actions as
necessary to ensure compliance with TMC Chapter 16.54. Any person failing to comply
221- with TMC Chapter 1634 shall be subject to a civil penalty not to exceed $1,000 for each
violation. Each violation or each day of noncompliance constitutes a separate violation.
C. A notice in writing shall impose the penalty provided for in TMC Chapter 16.54
by certified mail, either with return receipt requested or by personal service, to the
person incurring the notice. The notice shall describe the violation with reasonable
particularity, and order the act or acts constituting the violation or violations to cease
and desist or, in appropriate cases, require necessary corrective action within ,a specific
and reasonable time
D. A schedule of penalty fees pursuant to TMC Chapter 16.54 is subject to review
by the Tukwila City Council.
1654120 Appeals
J, A decision of the Director made in accordance with TMC Chapter 16.54 shall be
y considered determinative and final. Any appeal must be filed in Ring County Superior
Court within 30 days of the date of issuance of the final determination.
.L!%r Section 2. Repealer. Ordinance Numbers 1591; 1770 §12, 13, 14 and 15; and 1838
§15 are hereby repealed.
Section 3. Severability. if any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
4., in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE QTY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
y APPROVED AS TO FORM BY:" Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Grading 9/24/04 5 of 5
Utilities Committee
August 3, 2004
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
Jim Morrow, Frank Iriarte, Pat Brodin, Jill Mosqueda, Gail Labanara, Bob
Giberson, Lucy Lauterbach
1. Duwamish Area Water Connection As the sewer, water, and surface ~ater improvements
have all been completed in Duwamish, costs for new water can be implemetl~ced. The water
project cost $397,544. New water customers will pay increasing water connection fees, starting
at just under $4,000 until January 31, 2006. There are only going to be about 20 new
connections. The Committee clarified that, and asked that the memo and ordinance reflect that
better than the draft. The rest of the water cost will be absorbed by the system rate payers. As a
point of information, Jim M told the Committee he is trying to get Metro to charge developments
the cost of connecting sewers. As it is now, customers get their first bill and it includes a $4,000
connection fee they didn't know about. Recommend ordinance to COW.
2. New Grading Ordinance The current grading ordinance was passed in 1991, and many
standards have changed since then. Dennis said the Grading Ordinance had been as important as
the Sensitive Areas Ordinance, as it affects many people. Jill said the old provisions had been
.._.. updated, cleaned up, and streamlined. Instead of having all the standards in the TMC, the new
~ ) ordinance references the documents where the standards are contained. Jill said the City's code
~ will have links to specific standard's provtsions needed. Going through the draft, the Committee
added some language, and Jill added some DCD input she'd gotten that day. They wondered
about people's stacks of dirt or compost or bark, which are now covered under this ordinance,
concluding they would be o.k. if they didn't cause problems with other properties. The
Committee members suggested clarifying language throughout the ordinance. Recommend
ordinance to COW.
3. Second Quarter Reports The Committee members asked questions about several items in
the reports. They noted again that items like brush and plant trimming as well as trash pickup
have had budget cuts, so are not as prompt or thorough as in the past. Information.
Committee chair approval
Utilities Committee .~ ~.~
September 21, 2004
Present: Pam Carter, Chair; Pam Linder, Dennis Robertson
Sim Morrow, Frank Iriarte, Pat Brndin, Ryan Larson, Jill Mosqueda
1. Grading Ordinance This ordinance simplifies the language and consolidates similar topics
under one heading. The ordinance clarifies when this ordinance applies, simplifies the
permit requirements, and adopts specific grading standards, including sections of the
International Building Code and the Sensitive Areas Ordinance. Recommend move to
COW for approval.
2. Surface Water Management Ordinance and Comprehensive Surface Water
Management Plan This ordinance will update the Surface Water Management regulations
and adopt the new Comprehensive Surface Water Management Plan. Staff began by
reviewing the summary of drainage basins, drainage maps, surface water issues, CIP
Projects, and low impact development items in the first section. Detailed information is
included in the plan's appendices.
The Surface Water Management Ordinance is revised to clarify the surface water design
manual that the City is currently using. The new ordinance is written to be easier to read,
adopt specific standards, include references to new requirements such as the National
Pollution Discharge Illumination System (NPDES), and provide a guidance for Low Impact
Development. Recommend move to COW for approval.
Note: Allentown/Foster Point Open House was reported to be Oct 6, 2004 in the Hazelnut.
It will be Wednesday, Oct 20, 2004. Postcards will be mailed out the week of 9/27 informing
the specific residents of the change in the date.
.Committee Chair Approval