HomeMy WebLinkAboutSEPA EPIC-10-90 - ORDINANCE - GROUND COVER PRESERVATION - CLEARING/FILLING GRADINGGROUND COVER
PRESERVATION-
CLEARING / FILLING
GRADING ORDINANCE
EPIC -10 -90
•
TO: DOUG MICHEAU
FROM: DCD STAFF
DATE: NOVEMBER 29, 1990
SUBJECT: LAND ALTERING ORDINANCE ADMINISTRATIVE PROVISIONS
Our suggestion is that you incorporate the standard processes
section into the LAO. At some later time, effort can be spent on
a review of a universal administrative procedures ordinance.
In essence, a list of applicable existing codes would need to be
compliled, then a review and elimination of overlap between the
existing codes and new ordinance would have to occur.
Attached are some comments, although they may or may not be
relevant depending on which land use process they are used with.
TO:
FROM:
DATE:
SUBJECT:
•
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary L. vanDusen, Mayor
MEMORANDUM
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TO:
FROM:
DATE:
SUBJECT:
•
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary L. VanDusen, Mayor
MEMORANDUM
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CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
PHONE # (206) 4331800
M E M O R A N D U M
TO: Public Works and DCD Staff
FROM: Doug Micheaii 4 c'
DATE: November 20, 1990
SUBJECT: Land - Altering Ordinance Administrative Provisions
Gory L. VanDusen. Mayor
At the C.O.W. meeting of November 13, Council made some minor
revisions to the Land - Altering Ordinance (LAO) and asked that it
be forwarded to the consent agenda as corrected. They also
requested that the "Standard Processes Ordinance" be sent back to
the Utilities Committee for review and revisions before considering
it again at a C.O.W. meeting.
After reviewing /revising the Standard Processes Ordinance, the
Utilities Committee will be requested to forward the document to
the C.O.W. for approval to include it as a separate and distinct
section of the LAO. _If there is a need for similar provisions in
ordinances developed later on, Council can pull this section back
out of the LAO and expand it to serve as a stand -alone
Administrative Provisions Ordinance (Standard Processes is really
a misnomer). A second alternative is to pass the "Standard
Processes Ordinance" as a separate ordinance at the time the
Council adopts the LAO.
Please review the attached draft and provide your comments in the
margins. Your input will help ensure a good final draft for
consideration by the Utilities Committee. Our goal is to get all
comments back to include them in a draft for presentation to the
Committee on December 3. Thanks for your time and input.
Attachment
xc: file:'1.03.10
DM:CD.D18.LANDALT.ORD
• •
STANDARD PROCESSES ORDINANCE
City of Tukwila
Note: This Ordinance may be utilized by reference in the
Land - Altering; Hillside Aesthetics; Ground Cover Preservation;
Storm Water Management; Wetlands and Watercourse Preservation; and,
other land -use ordinances in the City of Tukwila for the purpose of
creating a standardized set of administrative elements.
SECTION I. TITLE, SCOPE, AND PURPOSE
A. TITLE.
This Ordinance shall be known as the "Standard Processes
Ordinance" of the City of Tukwila and may be so cited.
B. SCOPE.
This Ordinance may be applied through reference in any
land -use related code or Ordinance adopted in the City of
Tukwila, hereinafter referred to as "City ", and by such
reference, shall be considered a part of the land -use
ordinance in which it is cited.
C. PURPOSE.
The purpose of this Ordinance is to:
1. Establish uniform and consistent guidelines for
administering the process elements for similarly
related and applied land -use ordinances.
2. Enhance understanding
related Ordinances for
3. Reduce the potential
resulting from the
independent processes
Ordinances.
of the administration of
those affected by them.
complexities and confusion
administration of many
for distinct but related
D. DEFINITIONS.
For purposes of carrying out the provisions contained
herein, the following definitions have been prescribed:
Development - Any activity which has or will result in a
disturbance to the ground cover, surface, or topography
of the land.
Land -use Ordinance - Any ordinance adopted by the City of
Tukwila the scope of which contains reference to this
Standard Processes Ordinance such that the provisions
contained herein are implemented as a part of such
ordinance.
1
• •
SECTION II. OTHER LAWS
Whenever the provisions of this Ordinance are found to be in
conflict with any other Ordinance, regulation, state or federal
law, the more restrictive provisions shall apply.
SECTION III. LIABILITY, SECURITIES, INSURANCE
A. 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 parcel of land within the City limits, shall be the
sole responsibility of the property owner.
B. SECURITIES.
In the case of land -uses involving a risk of property
damages or possible hazards resulting from private
development, the designee authorized to administer any
land -use Ordinance of the City of Tukwila 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:
1. Securities shall not exceed the estimated cost of
constructing and maintaining those improvements
which are the source of the risk or potential
hazard.
2. In the case of land -uses or improvements which do
not involve expenditures at least equal to the cost
of remedying the possible adverse impacts of such
improvements or land -uses, the required security
shall be equal to City Staff's best estimate of the
possible costs directly associated with remedying
the adverse impacts to public or private properties
not associated with the development.
3. 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 -use or development. •
4. Securities shall be retained until following the
completion of any land -use activity or following a
prescribed trial maintenance period.
5. Securities and /or financial assurances provided in
accordance with any Land -use Ordinance may be
redeemed in whole or in part by the City of Tukwila
2
• •
upon determination by the City Official responsible
for administering such Ordinance that any or all of
the following circumstances exist:
a. 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 by
the responsible City Official; or
b. Damages to public or property arising from the
activities for which the assurance or security
was required.
C. 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:
1. Bodily injury
occurrence.
2. Property damage
occurrence.
liability
$1 million
per
liability - $1 million per
The City Official responsible for administering any land -
use ordinance 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.
SECTION IV. VARIANCES
The City may grant a written variance from any requirements of a
land -use Ordinance if there are exceptional circumstances
applicable to the site such that strict adherence to the provisions
of the Ordinance will result in unnecessary hardship and not
3
• •
fulfill the intent of the Ordinance. A written request for
variance shall be provided to the official designated to administer
the Ordinance stating the specific variances sought and reasons
supporting the approval of such request. The designated official
administering the Ordinance 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.
SECTION V. PERMITS
The application for and issuance of permits as prescribed in any
land -use ordinance shall constitute, the administrative mechanism
for the enforcement of the provisions contained herein. Such
permits shall be non - transferrable and limited in scope to the
specific activities for which they are granted.
SECTION VI. PENALTIES
The following provisions concerning penalties shall be applied in
whole or in part for the violation of permit conditions contained
in any land -use ordinance or the failure to obtain permits required
for activities regulated by any land -use ordinance:
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 any land -use
ordinance or the provisions contained herein is a
civil violation. The provisions of T.M.C. Chapter
shall be used to enforce this chapter in
addition to 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 any land -
use 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 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
4
• •
the court.
C. ABATEMENT.
Any structures, work, facilities, excavations, fills or
other activities which are constructed, reconstructed,
operated, or performed in violation of any lawful order
or requirement of a designated public official
responsible for the administration or of any land -use
ordinance, shall be deemed to be a public nuisance and
may be abated in the manner provided by T.M.C.
Chapter
D. INJUNCTIVE RELIEF.
1. 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, or any term, condition, or provision of
any land -use 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.
2. 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 or any
land -use ordinance.
SECTION VII. APPEALS
Any person aggrieved by the action of any official charged with the
enforcement of this Ordinance or any land -use ordinance, as the
result of the disapproval of a properly filed application for a
permit variance, a written notice of violation, or an alleged
failure to properly enforce the Ordinance in regard to a specific
application, shall have the right to appeal as provided in the
T.M.C. and U.B.C.
SECTION VIII. 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.
5
• •
SECTION IX. EFFECTIVE DATE
This Ordinance shall take effect on the date it is enacted.
APPROVED DATE
APPROVED AS TO FORM: ATTEST:
6
•
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary 1. VanDusen, Mayor
MEMORANDUM
TO: 4ePi i/CId LOPC
FROM: /t/t /%a
DATE: /1/4 0 /9b
SUBJECT: 23Z,149dP_ZI /g2,e/Z 660/,7/J
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(§ 4,
APPENDI% A
Ql.
Land - Altering Ordinance Proposal A. � N OIS A f,c t13
i
"Standard Processes Ordinance" � Ta�� SJ�
l5
The following is a first draft of an ordinance which could stand
alone and be referred to by reference in the Land - Altering;
<JI- -4-ilic:s-r Ground Cover Preservation; and, Wetlands and
Watercourse Preservation Ordinances for the purpose of creating a
standardized set of administrative elements.
SECTION I. TITLE, SCOPE, AND PURPOSE
A. TITLE.
This Ordinance shall be known as the "Standard
Processes Ordinance" of the City of Tukwila and may be
so cited.
B. SCOPE.
This Ordinance may be applied through reference in any
land -use related code or Ordinance adopted in the City
of Tukwila (e.g. Hillside Aesthetics; Land - Altering;
Ground Cover Preservation; etc.).
C. PURPOSE.
The purpose of this Ordinance is to:
1. Establish uniform and consistent guidelines for
administering the process elements for similarly
related and applied Ordinances.
2. Enhance understanding of the administration of
related Ordinances for those affected by them.
3. Reduce the potential complexities and confusion
resulting from the administration of many
independent processes for distinct but related
Ordinances.
SECTION II. OTHER LAWS
Whenever the provisions of this Ordinance are found to be in
conflict with any other Ordinance, regulation, state or federal
law, the more restrictive provisions shall apply.
SECTION III. LIABILITY, SECURITIES, INSURANCE
A. 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
1
•
development of any parcel of land within the City
limits, shall be the sole responsibility of the
property owner.
B. SECURITIES.
In the case of land -uses involving a risk of property
damages or possible hazards resulting from private
development, the designee authorized to administer any
land -use Ordinance of the City of Tukwila may require
the deposit of a financial security (bond, note, letter
of credit, etc.) with the City to help mitigate damages
should they occur. The following provisions shall
apply in instances where such securities are required:
1. Securities shall not exceed the estimated cost of
those improvements to be constructed which are the
source of the risk or potential hazard.
2. In the case of land -use or improvements which do
not involve expenditures at least equal to the
cost of remedying the possible adverse impacts of
a proposed land -use, the required security shall
be equal to City Staff's best estimate of the
possible costs directly associated with remedying
the adverse impacts to public or private property
not associated with the development.
3. The amount of any security shall not serve as a
gauge or limit to the damages collected from a
property owner as a result of damages associated
with any land -use or development.
4. Securities shall be retained until following the
completion of any land -use activity or following a
prescribed trial maintenance period.,,,
C. 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:
1. Bodily injury liability - $1 million per
occurrence.
2. Property damage liability - $1 million per
occurrence.
In addition, all insurance policies obtained in
2
• •
accordance with these provisions shall name the City of
Tukwila as an "additional insured" and shall be written
by a company licensed to business in the State of
Washington. Neither issuance of a permit, nor
compliance with these provisions or any 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.
SECTION IV. PERMITS
ION V. VARIANCES
The itay grant a written variance from any requirements of a
land -use r-dLnance if there are exceptional circumstances
a' applicable to the,site such that strict adherence to the
d� provisions of the Ordinance will result-1i' unnecessary hardship
L olio- and not fulfill the inte - of t e- rdinance. A written request
,�(,"a for variance shall be provided t the official designated to
�) administer the Ordin stating the specific variances sought
and reasons sup ing the approval. The designated official
(Y administering -the Ordinance shall then provide a recommendation
to the y Council and the Council shall make the final
dete i.nation. The City shall not grant a variance unless and
it sufficient reasons justifying the variance are provided.
SECTION VI. ENFORCEMENT
SECTION VII. VIOLATIONS (Notifications, What constitutes, Who
decides)
SECTION VIII. PENALTIES
A. CIVIL PENALTIES
1. The violation of or failure to comply with any of
the provisions of this chapter or of any lawful
order or requirement of the permit made in
accordance with the provisions of this chapter is
a civil violation. The provisions of T.M.C.
Chapter shall be used to enforce this chapter
in addition to 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 by this
chapter, that a contractor, subcontractor, person
with responsibility on the site, or person
authorizing or directing the work, erroneously
3
i
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 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.
C. ABATEMENT.
Any structures, work, facilities, excavations, fills or
other activities which are constructed, reconstructed,
operated, or performed in violation of any lawful order
or requirement of a designated public official
responsible for the administration or of any land -use
ordinance, shall be deemed to be a public nuisance and
may be abated in the manner provided by T.M.C.
Chapter
D. INJUNCTIVE RELIEF.
1. 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, or any term, condition, or
provision of any land -use 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.
2. 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.
SECTION VIII. APPEALS
Any person aggrieved by the action of any official charged with
the enforcement of this Ordinance, as the result of the
disapproval of a properly filed application for a permit
variance, a written notice of violation, or an alleged failure to
properly enforce the Ordinance in regard to a specific
application, shall have the right to appeal as provided in
4
•
U.B.C. and T.M.C.
SECTION IX. SEVERABILITY
SECTION X. EFFECTIVE DATE
5
I
• ..-1
APPENDIX - A
Land - Altering Ordinance Proposal
"Standard Processes Ordinance"
The following is a first draft of an ordinance which could stand
alone and be referred to by reference in the Land - Altering;
Hillside Aesthetics; Ground Cover Preservation; and, Wetlands and
Watercourse Preservation Ordinances for the purpose of creating a
standardized set of administrative elements.
SECTION I. TITLE, SCOPE, AND PURPOSE
A. TITLE.
This Ordinance shall be known as the "Standard
Processes Ordinance" of the City of Tukwila and may be
so cited.
B. SCOPE.
This Ordinance may be applied through reference in any
land -use related code or Ordinance adopted in the City
of Tukwila (e.g. Hillside Aesthetics; Land - Altering;
Ground Cover Preservation; etc.).
C. PURPOSE.
The purpose of this Ordinance is to:
1. Establish uniform and consistent guidelines for
administering the process elements for similarly
related and applied Ordinances.
2. Enhance understanding of the administration of
related Ordinances for those affected by them.
3. Reduce the potential complexities and confusion
resulting from the administration of many
independent processes for distinct but related
Ordinances.
SECTION II. OTHER LAWS
Whenever the provisions of this Ordinance are found to be in
conflict with any other Ordinance, regulation, state or federal
law, the more restrictive provisions shall apply.
SECTION III. LIABILITY, SECURITIES, INSURANCE
A. 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
1
development of any parcel of land within the City
limits, shall be the sole responsibility of the
property owner.
B. SECURITIES.
In the case of land -uses involving a risk of property
damages or possible hazards resulting from private
development, the designee authorized to administer any
land -use Ordinance of the City of Tukwila may require
the deposit of a financial security (bond, note, letter
of credit, etc.) with the City to help mitigate damages
should they occur. The following provisions shall
apply in instances where such securities are required:
1. Securities shall not exceed the estimated cost of
those improvements to be constructed which are the
source of the risk or potential hazard.
2. In the case of land -use or improvements which do
not involve expenditures at least equal to the
cost of remedying the possible adverse impacts of
a proposed land -use, the required security shall
be equal to City Staff's best estimate of the
possible costs directly associated with remedying
the adverse impacts to public or private property
not associated with the development.
3. The amount of any security shall not serve as a
gauge or limit to the damages collected from a
property owner as a result of damages associated
with any land -use or development.
4. Securities shall be retained until following the
completion of any land -use activity or following a
prescribed trial maintenance period.
C. 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:
1. Bodily injury liability - $1 million per
occurrence.
2. Property damage liability - $1 million per
occurrence.
In addition, all insurance policies obtained in
2
r =.
•
accordance with these provisions shall name the City of
Tukwila as an "additional insured" and shall be written
by a company licensed to business in the State of
Washington. Neither issuance of a permit, nor
compliance with these provisions or any 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.
SECTION IV. PERMITS
SECTION V. VARIANCES
The City may grant a written variance from any requirements of a
land -use Ordinance if there are exceptional circumstances
applicable to the site such that strict adherence to the
provisions of the Ordinance will result in unnecessary hardship
and not fulfill the intent of the Ordinance. A written request
for variance shall be provided to the official designated to
administer the Ordinance stating the specific variances sought
and reasons supporting the approval. The designated official
administering the Ordinance 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.
SECTION VI. ENFORCEMENT
SECTION VII. VIOLATIONS (Notifications, What constitutes, Who
decides)
SECTION VIII. PENALTIES
A. CIVIL PENALTIES
1. The violation of or failure to comply with any of
the provisions of this chapter or of any lawful
order or requirement of the permit made in
accordance with the provisions of this chapter is
a civil violation. The provisions of T.M.C.
Chapter shall be used to enforce this chapter
in addition to 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 by this
chapter, that a contractor, subcontractor, person
with responsibility on the site, or person
authorizing or directing the work, erroneously
3
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 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.
C. ABATEMENT.
Any structures, work, facilities, excavations, fills or
other activities which are constructed, reconstructed,
operated, or performed in violation of any lawful order
or requirement of a designated public official
responsible for the administration or of any land -use
ordinance, shall be deemed to be a public nuisance and
may be abated in the manner provided by T.M.C.
Chapter
D. INJUNCTIVE RELIEF.
1. 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, or any term, condition, or
provision of any land -use 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 Ring County Superior Court.
2. 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.
SECTION VIII. APPEALS
Any person aggrieved by the action of any official charged with
the enforcement of this Ordinance, as the result of the
disapproval of a properly filed application for a permit
variance, a written notice of violation, or an alleged failure to
properly enforce the Ordinance in regard to a specific
application, shall have the right to appeal as provided in
4
•
U.B.C. and T.M.C.
SECTION IX. SEVERABILITY
SECTION X. EFFECTIVE DATE
5
WAC 197 -11 -970
DETERMINATION OF NONSIGNIFICANCE
Description of Proposal Land Altering Ordinance
Proponent City Of Tukwila Public Works Deptartment
Location of Proposal, including street address, if any City wide Non - Protect proposal
Lead Agency: City of Tukwila File No. EPIC -10 -90
The lead agency for this proposal has determined that it does not have a probable
significant adverse impact on the environment. An environmental impact statement
(EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the
lead agency. This information is available to the public on request.
J There is no comment period for this DNS
Q This DNS is issued under 197 -11- 340(2). Comments must be submitted by
. The lead agency will not act on this
proposal for 15 days from the date below.
Responsible Official Rick Beeler
Position /Title
Planning Director
Phone 433 -1846
Address _--y 6200 Southcenter Boulevard, Tu . ` A 98188
Date i �Z PAD Signature
You may appeal this determination to the City Clerk at City Hall, 6200 Southcenter
Boulevard, Tukwila, WA 98188 no later than 10 days from the above date by written
appeal stating the basis of the appeal for specific factual objections. You may be
required to bear some of the expenses for an appeal.
Copies of the procedures for SEPA appeals are available with the City Clerk and
Planning Department.
FM.DNS
DRJ4FT
LAND - ALTERING ORDINANCE
City of Tukwila 9/10/90
LAND- ALTERING ORDINANCE
City of Tukwila
SECTION I. TITLE, PURPOSE, SCOPE, AND DEFINITIONS
1.0 EXCAVATION ORDINANCES & UBC APPENDIX 70 RESCINDED
City of Tukwila Ordinance No. , and Ordinance
No. , as well as Appendix 70 of the 1988
Uniform Building Code are hereby rescinded, effective
upon adoption of this Ordinance by Tukwila City
Council.
1.1 TITLE AND AUTHORITY
Granted under the authority of the Tukwila City
Council, this Ordinance shall be known as the City of
Tukwila "Land- Altering Ordinance" and may be so cited.
1.2 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.
1.3 SCOPE
This Ordinance sets forth rules and regulations to
control all land- altering activities within the City of
Tukwila in conjunction with Ordinance No.
"Standard Processes and Provisions ".
1.4 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 Zone - A parcel or strip of land designed to
prevent the impacts of land - altering activities from
adversely affecting areas adjacent to the site where
1
• •
the activity is occurring.
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.
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.
Developer - A person, partnership, or corporation who
is proposing or actively carrying out land - altering
activity (see "Applicant ").
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.
Parcel - A legally defined section of real property
whose boundaries are recorded for purposes of assessing
taxes with the county Assessor's Office.
3
• •
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 Public Works,
or staff designated by the Director to discharge the
requirements of this Ordinance.
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 area 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 - Any legally or geographically defined place
where a land - altering activity is proposed.
Slope - An inclined earth surface, the inclination of
which is expressed as the ratio of vertical distance
over the horizontal distance.
4
• •
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 and
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.
Tract - 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 all at one time.
Uncover(ed) - The removal of ground cover from, on or
above the soil surface, or the state occurring as a
result of such removal.
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
5
• •
and disposed of at other locations (off- site).
Watercourse - Means 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 pass - through 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, bogsnd /similar areas, • 1.5 OTHER LAWS �jf�"
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
6
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. BUFFER ZONE - No land- altering activity shall be
permitted adjacent to a sensitive area without a
sufficient natural separation or buffer zone
containing a width adequate to confine siltation
and /or other adverse impacts associated with the
land - altering activity within the site.
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 the sediment
generated by the land- altering activity within the
boundaries of the tract during construction.
E. GROUND COVER - Within thirty (30) days following
the completion of construction or development on
any tract, the owner shall plant or otherwise
provide a permanent ground cover sufficient to
prevent erosion.
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
7
• •
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 prevent off -site
sedimentation damage to private and /or public
property.
2.3 PERMIT AUTHORITY
The Public Works Director is the responsible
Administrative Officer of this Ordinance and his /her
authority includes the establishment of Regulations nd
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 shall 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 (when
required).
\� D. Maintenance schedules and agreements. 7
E. Maintenance responsibility. 11,6th
F.
"4‘(
#1 G.
H.
Work schedule and construction cost estimates for
each element in the required plans.
Soils engineering report (when required).
Environmental checklist (when required).
Performance bond or other acceptable security
J. Any supplemental materials or conditions required
K
vri ,
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 contour intervals that extend a
maximum of 100 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's
Comprehensive Drainage Plan.
5. Location and graphic representation of
proposed excavations and fills, or on -site
9
• •
storage of soil and other earth material, and
any on -site disposal.
6. Quantity of soil or earth material in tons
and 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. Information covering construction and
materials for any "special provisions ".
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 adopted in the
Storm Water Management Ordinance.
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
10
• •
of applying mulches; designs and
specifications for diverters, dikes and
drains; and, a 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 may 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 Public Works Director shall
require the applicant, developer or owner to
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 erosion control system
element and shall state the maintenance to be
completed, the time period for completion,
and who shall perform the maintenance.
11
• •
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, or any
other person or agent in control of such
property, shall maintain in good condition
and promptly repair and restore 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. 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
the completion of a successful trial
maintenance period and the acceptance of such
facilities by the City.
F. WORK SCHEDULE AND CONSTRUCTION COST ESTIMATES -
1. The work schedule shall include the ro osed
e s when all land -a terations Tall 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 foronitoring, operation, and
10. -x5 maintenance of these facilities.
2. Construction cost estimates for the elements
of each plan required in Subsections A, B,
12
• •
and C above, must be included in sufficient
detail to allow the Public Works Director to
assess appropriate dollar amounts for
required securities and insurance.
G. SOILS ENGINEERING REPORT - A soils engineering
report, when required by the Public Works
Director, 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 recommended
designs for interim soil stabilization
devices and permanent soil stabilization, to
include residual settlement created by the
grade and fill operations and potential
affects to structures /utilities both on and
off the site. A monitoring program to
adequately measure residual settlement
throughout the history of the project,
together with upper liability limits for
damages, shall be provided in all cases where
residual settlement is likely to impact
existing structures and /or utilities.
4. Design criteria for any required corrective
measures.
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 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
13
• •
final product meets the recommendations of
the ,original soils report will be provided by
the applicant to the Building Official at the
time of application for the Building Permit.
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
conduct full -time inspection services during
land - altering activities.
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.
I. 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 priv. - property,
any sewer, storm drain, or wa urse, or
to prevent the operation from •eing 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
14
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
$1,000,000.00 per occurrence. 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 for construction of a development
00e- requiring over 500 cubic yards of fill.
��>
Construction osts submitted --
Q -- =,== he amount of the security shall
qy„ a' 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
re eased 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.
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
n t e Comprehensive Land Use Plan (on file in the
VeS- Department of Community Development) or not
allowed by existing zoning, building, special
exception, variance, or other codes or regulations ,�a� -oe
applicable to the site. However, if a developer +o
elects to apply for and ain a Land - Altering �*5 /- di.r Permit prior to obtaining a Building Permit and /or ow-
completing all land -use review and approval epol•
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
15
• •
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.
0
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. 'S
. J
If the plan is disapproved, the Public Works
�''Director shall inform the applicant in
)(4).‘ writing of the reasons for disapproval.
E. Upon review and approval of all required plans,
the Public Works Director, in writing, shall
16
• •
approve the application and issue the permit upon
payment of any applicable fees.
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 after
each rain of 0.5 inches or more and at least once
each week and make needed repairs immediately.
1\0Vt 2H.
44;
Keep a copy of the control plan on -site.
The permittee shall at all times protect
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, public improvements
damaged by the permittee's 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
17
• •
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 lot, tract or parcel of land.
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
shall not be exempt.
E. Public Works Improvement Projects and Maintenance
Programs.
F. Agricultural and residential gardening.
G. Refuse disposal sites covered by other
regulations.
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
18
• •
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 have corrections completed, 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.
19
• •
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 per approved site
plans.
B. Clearing in a designated sensitive area 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.
20
• •
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
N.
A. Prio to suing a Land - Altering Permit, the
applic_, shall submit to the Public Works
Insp --to for approval, a proposed inspection
s edule .
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.
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
21
• •
channel, stream or surface water, including siltation
and sedimentation therein, the Public Works Director
may initiate all required actions to prevent or stop
the 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. VIOLATIONS
The violation or failure to comply with any of the provisions of
this chapter is declared to be unlawful and the remedies may be
both civil or criminal as prescribed in Ordinance No.
"Standard Processes ". Remedies shall also be
considered cumulative and in addition to any other lawful action.
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 on the date it is enacted.
APPROVED DATE
APPROVED AS TO FORM: ATTEST:
22
• •
APPENDIX - A
Land - Altering Ordinance Proposal
"Standard Processes Ordinance"
The following is a first draft of an ordinance which could stand
alone and be referred to by reference in the Land - Altering;
Hillside Aesthetics; Ground Cover Preservation; and, Wetlands and
Watercourse Preservation Ordinances for the purpose of creating a
standardized set of administrative elements.
SECTION I. TITLE, SCOPE, AND PURPOSE
A. TITLE.
This Ordinance shall be known as the "Standard
Processes Ordinance" of the City of Tukwila and may be
so cited.
B. SCOPE.
This Ordinance may be applied through reference in any
land -use related code or Ordinance adopted in the City
of Tukwila (e.g. Hillside Aesthetics; Land - Altering;
Ground Cover Preservation; etc.).
C. PURPOSE.
The purpose of this Ordinance is to:
1. Establish uniform and consistent guidelines for
administering the process elements for similarly
related and applied Ordinances.
2. Enhance understanding of the administration of
related Ordinances for those affected by them.
3. Reduce the potential complexities and confusion
resulting from the administration of many
independent processes for distinct but related
Ordinances.
SECTION II. OTHER LAWS
Whenever the provisions of this Ordinance are found to be in
conflict with any other Ordinance, regulation, state or federal
law, the more restrictive provisions shall apply.
SECTION III. LIABILITY, SECURITIES, INSURANCE
A. 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
1
• •
development of any parcel of land within the City
limits, shall be the sole responsibility of the
property owner.
B. SECURITIES.
In the case of land -uses involving a risk of property
damages or possible hazards resulting from private
development, the designee authorized to administer any
land -use Ordinance of the City of Tukwila may require
the deposit of a financial security (bond, note, letter
of credit, etc.) with the City to help mitigate damages
should they occur. The following provisions shall
apply in instances where such securities are required:
1. Securities shall not exceed the estimated cost of
those improvements to be constructed which are the
source of the risk or potential hazard.
2. In the case of land -use or improvements which do
not involve expenditures at least equal to the
cost of remedying the possible adverse impacts of
a proposed land -use, the required security shall
be equal to City Staff's best estimate of the
possible costs directly associated with remedying
the adverse impacts to public or private property
not associated with the development.
3. The amount of any security shall not serve as a
gauge or limit to the damages collected from a
property owner as a result of damages associated
with any land -use or development.
4. Securities shall be retained until following the
completion of any land -use activity or following a
prescribed trial maintenance period.
C. 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:
1. Bodily injury liability - $1 million per
occurrence.
2. Property damage liability - $1 million per
occurrence.
In addition, all insurance policies obtained in
2
• •
accordance with these provisions shall name the City of
Tukwila as an "additional insured" and shall be written
by a company licensed to business in the State of
Washington. Neither issuance of a permit, nor
compliance with these provisions or any 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.
SECTION IV. PERMITS
SECTION V. VARIANCES
The City may grant a written variance from any requirements of a
land -use Ordinance if there are exceptional circumstances
applicable to the site such that strict adherence to the
provisions of the Ordinance will result in unnecessary hardship
and not fulfill the intent of the Ordinance. A written request
for variance shall be provided to the official designated to
administer the Ordinance stating the specific variances sought
and reasons supporting the approval. The designated official
administering the Ordinance 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.
SECTION VI. ENFORCEMENT
SECTION VII. VIOLATIONS (Notifications, What constitutes, Who
decides)
SECTION VIII. PENALTIES
A. CIVIL PENALTIES
1. The violation of or failure to comply with any of
the provisions of this chapter or of any lawful
order or requirement of the permit made in
accordance with the provisions of this chapter is
a civil violation. The provisions of T.M.C.
Chapter shall be used to enforce this chapter
in addition to 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 by this
chapter, that a contractor, subcontractor, person
with responsibility on the site, or person
authorizing or directing the work, erroneously
3
• •
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 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.
C. ABATEMENT.
Any structures, work, facilities, excavations, fills or
other activities which are constructed, reconstructed,
operated, or performed in violation of any lawful order
or requirement of a designated public official
responsible for the administration or of any land -use
ordinance, shall be deemed to be a public nuisance and
may be abated in the manner provided by T.M.C.
Chapter
D. INJUNCTIVE RELIEF.
1. 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, or any term, condition, or
provision of any land -use 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.
2. 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.
SECTION VIII. APPEALS
Any person aggrieved by the action of any official charged with
the enforcement of this Ordinance, as the result of the
disapproval of a properly filed application for a permit
variance, a written notice of violation, or an alleged failure to
properly enforce the Ordinance in regard to a specific
application, shall have the right to appeal as provided in
4
•
U.B.C. and T.M.C.
SECTION IX. SEVERABILITY
SECTION X. EFFECTIVE DATE
• •
APPENDIX - B
Land Altering Ordinance Proposal
"Making Sense of Land - Altering"
City of Tukwila - Developer's Guide
################################## # # # # # # # # # # # # # # ## # # # # # # # # # # # # # ##
Introduction:
This leaflet was developed to serve as a general reference guide
for the City of Tukwila Land- Altering Ordinance (LAO). The LAO
regulates all land - altering activities within the City limits,
and this guide will be of great value to you in determining if
you are required to obtain a Land - Altering Permit before
proceeding with construction activities on your property.
The first section of this leaflet briefly describes the purpose
of the LAO. This is followed by a section containing useful
definitions for understanding the LAO. Next is a short checklist
which will aid you in determining if your proposed activities
require a Land - Altering Permit. The last section lists the
required elements for a Land - Altering Permit application together
with a list of resources to find more information about the
application and the permit processes.
SECTION ONE - PURPOSE.
The purpose of the LAO is to ensure that proper care and
consideration are given to erosion controls associated with land -
altering activities in the City of Tukwila. The LAO also
provides assurances through permit inspections and plan reviews
that grade and fill activities are performed in accordance with
sound engineering design principles and in a manner which is not
detrimental to existing structures and public utilities both on
and off the construction site.
SECTION TWO - DEFINITIONS.
The following definitions will be useful in understanding the
terms expressed in the LAO and this leaflet:
Applicant - Any person proposing to carry out any
land - altering activity within the city limits of
Tukwila (see "Developer ").
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.
1
• •
Developer - A person, partnership, or corporation who
is proposing or actively carrying out land - altering
activity (see "Applicant ").
Development Standards - The formally adopted standards
prescribing the specific manner in which development
is to take place in the City of Tukwila.
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.
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.
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).
Grading - Any excavating, filling, clearing, or the
creation of impervious surface, or any combination
thereof.
Impervious Surface - Compacted gravel, asphalt
concrete, Portland Cement Concrete, bituminous surface,
oil -mat or other finished surface (including all
driving surfaces) or ground which is impenetrable or
potentially impenetrable by water, or which becomes so
over time as defined by Ordinance No. 1459.
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.
• •
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.
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.
Site - Any legally or geographically defined place
where a land - altering activity is proposed.
SECTION THREE - CHECKLIST.
The following checklist is designed to help you determine whether
or not you need to obtain a Land - Altering Permit before
proceeding with land - altering activities in the City of Tukwila.
Answer the questions below in accordance with your proposed
plans.
1) Do you intend to carry out any land - altering activities in
the City of Tukwila (excluding agricultural or residential
gardening projects)? If so,
2) Do your plans involve clearing OR the creation of impervious
surface greater than a cumulative total of 6,000 square feet
of surface area?
OR;
3) Do your plans include an excavation equal to or greater than
five feet in depth at any point?
4
OR;
Do you plan to fill, deposit, or place more than 50 cubic
yards of material on the site over the duration of the
project?
If you answered yes to the first question and any of the
3
• •
remaining questions, the chances are you will be required to
obtain a Land - Altering Permit from the City of Tukwila Public
Works Department (433 -0179) and you should contact the Department
to obtain the necessary application.
SECTION FOUR - APPLICATION ELEMENTS.
The following is a list of the elements you may be required to
submit as part of your application for a Land - Altering Permit.
Each element will be subject to review and approval (when
required) prior to permit issuance.
1. Site map and Land - Altering Plan.
2. Interim erosion and sediment control plan.
3. Final erosion and sediment control plan (when
required).
4. Soils engineering report (when required).
5. Environmental checklist (when required).
6. Work schedule and construction cost estimates for
each element in the required plans.
7. Performance bond or other acceptable security
8. Any supplemental materials or conditions required
by the Public Works Director.
A detailed description of each element listed above may be found
in the LAO. In addition, the City of Tukwila Development
Standards contain detailed specifications pertaining to Land -
Altering Permit requirements.
Important Note: If your proposed land - altering activities will
take place on a site which contains a "sensitive area" as
designated by the City of Tukwila Sensitive Areas Ordinance, you
must conform to additional Development Standards sections for the
specific class of sensitive area found on the site.
Once a Land - Altering Permit has been issued the following
standard requirements must be met:
1. Notify the Public Works Director within the 48
hour period prior to commencing any land - altering
activity.
2. Notify the Public Works Director of completion of
any control measures within 48 hours after their
4
• •
installation.
3. Obtain permission in writing from the City prior
to modifying the control plan.
4. Install all control measures as identified in the
approved erosion control plan.
5. Maintain all road drainage systems, storm water
drainage systems, control measures and other
facilities as identified in the control plan.
6. Repair any siltation or erosion damages to
adjoining surfaces and drainage resulting from
land - altering activities.
7. Inspect the construction control measures after
each rain of 0.5 inches or more and at least once
each week and make needed repairs immediately.
8. Allow the Public Works Director to enter the site
for the purpose of inspecting compliance with the
control plan or for performing any work necessary
to bring the site into compliance with the control
plan.
9. Keep a copy of the control plan on -site.
10. The permittee shall at all times protect
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, public improvements
damaged by the permittee's operations.
General Information.
The City of Tukwila Public Works Department is charged with
administering the LAO. Applications and /or additional
information may be obtained by contacting:
City of Tukwila
Public Works Department
6300 Southcenter Blvd., Suite 101
Tukwila, WA 98188
(206) 433 -0179
* The Land - Altering Permit is valid for 180 days or the length
of the Building Permit or other construction authorization
for the project.
5
• •
* Copies of the LAO and the City of Tukwila Development
Standards may be obtained at the City Clerk's Office (433-
1800).
6
City Itf Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
(206) 433 -1800
Gary 1. VanDusen, Mayor
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
(10 /T2.MEMO)
CITY OF TUKWILA
ENVIROMIENTAL REVIEW
ROUG FORM
DEPARTMENT OF - MUNITY DEVELOPMENT
EPIC:
TO Building fl Planning n Pub Wks Fire [1 Police Parks /Rec
PROJECT
2&A y i ���-s. cc0m /:"n'�6
ADDRESS ��BL /6 0,el c S /V� / L� E iS�
DATE TRANSMITTED ,L_ ,5 v
STAFF COORDINATOR
RESPONSE REQUESTED BY
DATE RESPONSE RECEIVED
The attached environmental checklist was received regarding this project. Please review and
comment below to advise the responsible official regarding the threshold determination. The
environmental review file is available in the Planning Department through the above staff>
coordinator. Comments regarding the project you wish carried to the Planning Commission,
Board of Adjustment and City Council should be submitted in the comment section below.
ITEM COMMENT
doltair
Date:
9a Comments prepared by: ,
09/14/09
CITY OF TUKWILA
ENVIRONMENTAL REVIEW
ROUG FORM
DEPARTMENT OF - MUNITY DEVELOPMENT
Building IT Planning [1 Pub Wks
PROJECT
ADDRESS
EPIC:
Fire 1 Police Parks /Rec
erbr
A.54/61Zeles AliAhlreE k?d s/y-t.
DATE TRANSMITTED RESPONSE REQUESTED BY
STAFF COORDINATOR dila j/J DATE RESPONSE RECEIVED
a �o
The attached environmental checklist was received regarding this project. Please review an
comment below to advise the responsible official regarding the threshold determination. The
environmental review file is available in the Planning Department through the above staff
coordinator. Comments regarding the project you wish carried to the Planning Commission,
Board of Adjustment and City Council should be submitted in the comment section below.
ITEM
COMMENT
1&7 4 4-ecC' c...( /l1 4d
Date: / 2-7 %v Comments prepared by: ,_
ENVIRONIUNTAL REVIEW
ROU C FORM
CITY OF TUKWILA
DEPARTMENT OF pOMMUNITY DEVELOPMENT
TO: uilding . fl Planning 1 Pub Wks Fire Police Parks /Rec
PROJECT J497 &72//(J(
ADDRESS 1j,I3 / OC 'e s / IAY4 ��� �
DATE TRANSMITTED
STAFF COORDINATOR ,4J/), : yer e ` DATE RESPONSE RECEIVED
RESPONSE REQUESTED BY
a �o
The attached environmental checklist was received regarding this project. Please. review.and
comment below to advise the responsible official regarding the threshold determination. The
environmental review file is available in the Planning Department through the above staff
coordinator. Comments regarding the project you wish carried to the Planning Commission,
Board of Adjustment and. City Council should be submitted in the comment section below.
ITEM
COMMENT
Date: Comments prepared by: ,
09/14/89
f
ENVIRONMENTAL CHECKLIST
Purpose of Checklist:
407
The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all
governmental agencies to consider the environmental impacts of a proposal
before making decisions. An environmental impact statement (EIS) must be
prepared for all proposals with probable significant adverse impacts on the
quality of the environment. The purpose of this checklist is to provide
information to help you and the agency identify impacts from your proposal
(and to reduce or avoid impacts from the proposal, if it can be done) and
to help the agency decide whether an EIS is required.
Instruction for Applicants:
This environmental checklist asks you to describe some basic information
about your proposal. The City uses this checklist to determine whether the
environmental impacts of your proposal are significant, requiring prepara-
tion of an EIS. Answer the questions briefly, with the most precise infor-
mation known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your
knowledge. In most cases, you should be able to answer the questions from
your own observations or project plans without the need to hire experts.
If you really do not know the answer, or if a question does not apply to
your proposal, write "do not know" or "does not apply ". Complete answers
to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shore-
line, and landmark designations. Answer these questions if you can. If
you have problems, the City staff can assist you.
The checklist questions apply to all parts of your proposal, even if you
plan to do them over a period of time or on different parcels of land.
Attach any additional information that will help describe your proposal or
its environmental effects. The City may ask you to explain your answers or
provide additional information reasonably related to determining if there
may be significant adverse impact.
Use of checklist for nonproject proposals:
Nonproject proposals refer to actions which are different or broader than a
single site specific development project, such as plans, policies and
programs.
Complete this checklist for nonproject proposals, even though questions may
be answered "does not apply." In addition, complete the supplemental
sheet for nonproject actions (part 0).
For nonproject actions, the references in the checklist to the words
"project," "applicant," and "property or site" should read as "proposal,"
"proposer," and "affected geographic area," respectively.
ENVIRONMENTAL CHECKLIST
A. BACKGROUND
1. Name of proposed project, if applicable:
2. Name of applicant: City Of Tukwila
Control No.
c File No. /0 --9Z)
Fee $100.00 Receipt No.
Clearing/Fill:
Ground Cover Preservation - Grading Ordini
3. Address and phone number of applicant and contact person: 6300 Southcenter
Boulevard, Tukwila, Wa. 98188 - 433 -0179 - Phil Fraser, Surface Plater Manager
4. Date checklist prepared:
April 10, 1990
5. Agency requesting Checklist: amity of Tukwila
6. Proposed timing or schedule (including phasing, if applicabl
• round Cover -
Clearing/Filling/Grading Ordinance to Council 4/5/90 for consideration
for passage.
7. Do you have any plans for future additions, expansion, or further activity
related to or connected with this proposal ? If yes, explain. No
8. List any environmental information you know about that has been prepared, or will
be prepared, directly related to this proposal. None
9. Do you know whether applications are pending for governmental approvals of other
proposals directly affecting the property covered by your proposal? If yes,
explain. City Council Bearing /Public . Tearing
10. List any government approvals or permits that will be needed for your proposal.
None. Legislative adoption
11. Give brief, complete description of your proposal, including the proposed uses
and the size of the project and site. There are several questions later in this
checklist that ask you to describe certain aspects of your proposal. You do not
need to repeat those answers on this page. Section E requires a complete
description of the objectives and alternatives of your proposal and should not be
summarized here.
Provide regulatory authority for Ground Cover Preservation and monitoring of
land- altering_activities within the City through a permitting process.
12. Location of the proposal. Give sufficient information for a person to understand
the precise location of your proposed project, including a•street address, if
any, and section, township, and range, if known. If a proposal would occur over
a range of area, provide the range or boundaries of the site(s). Provide a legal
description, site plan, vicinity map, and topographic map, if reasonably
available. While you should submit any plans required by the agency, you are not
required to duplicate maps or detailed plans submitted with any permit applica-
tions related to this checklist.
All land within the Tukwila City Limits
13. Does the proposal lie within an area designated on the City's Comprehensive Land
Use Policy Plan Map as environmentally sensitive?
Yes
' TO BE COMPLETED BY APP4iANT
B. ENVIRONMENTAL ELEMENTS
1. Earth
• Evaluation for
Agency Use Only
a. General description of the site (circle one): Flat,
rolling, hilly,, steep slopes, mountainous, other
All above except "mountainous"
b. What is the steepest slope on the site (approximate
percent slope)? 100%
c. What general types of soils are found on the site
(for example, clay, sand, gravel, peat, muck)? If
you know the classification of agricultural soils,
specify them and note any prime farmland. A11 Varieties
d. Are there surface indications or history of unstable
soils in the immediate vicinit? If so, describe.
Generally no for flatlands; bait on_ hillsides in isolated areas
there is:a history of sliding and sluffing.
e. Describe the purpose, type, and approximate quanti-
ties of any filling or grading proposed. Indicate
source of fill. All proposed fill and grade activities greater than 50 cu.yds.
are covered as part of permit process for residential and commercial
development activities. Fill materials cane fr local
and regional sites throughout the northwest.
f. Could erosion occur as a result of clearing,
construction, or use? If so, generally describe.
One pirpose of this Ordinance is to regulate land
altering activities in order to control acceleration
erosion and sedimentation and prevent damage to public
and private properties.
g.
About what percent of the site will be covered with
impervious surfaces after project construction (for
example, asphalt or buildings)? N/A
• •
Evaluation for
Agency Use Only
h. Proposed measures to reduce or control erosion, or
other impacts to the earth, if any: Through the permitting
process the regulations will require grading, plan site maps, tree preservation
plans,iptPrim erosion control and sediment control plans;and also,
where required, final erosion and sediment control plan,
engineering reports, environmental checklist.
2. Air
a. What types of emissions to the
the proposal (i.e., dust,
industrial wood smoke) during
the project is completed?
describe and give approximate
N/A
air would result from
automobile odors,
construction and when
If any, generally
quantities if known.
b. Are there any off -site sources of emissions or odor
that may affect your proposal? If so, generally
describe. N/A
c. Proposed measures to reduce or control emissions or
other impacts to air, if any: N /A.
3. Water
a. Surface:
1) Is there any surface water body on or in the
immediate vicinity of the site (including year -
round and seasonal streams, saltwater, lakes,
ponds, wetlands)? If yes, describe type and
provide names. If appropriate, state what
stream or river it flows into. The Green River,
Gilliam Creek, Tukwila Pond and other streams and
wetlands as described in the proposed Sensative Area
Ordinance. Gilliam CreekTF-05m5rta—arrertrestcrierg
basins and associated or other various wetlands
which flow ultimately into the Green Fiver.
2) Will the
adjacent
waters?
available
• •
project require any work over, in, or
to (within 200 feet) the described
If yes, please describe and attach
plans. Yes
3) Estimate the amount of fill and dredge material
that would be placed in or removed from surface
water or wetlands and indicate the area of the
site that would be affected. Indicate the
source of fill material. Information is available
only on a case by case application through plans
submittals for Grade and Fill Permit.
4) Will the proposal require surface water
withdrawals or diversions? Give general
description, purpose, and approximate quan-
tities, if known. Possibly under some applications
of Ordinance.
5) Does the proposal lie within a 100 -year
floodplain? If so, note location on the site
plan. Includes 100 Year Flood Plan
Evaluation for
Agency Use Only
6) Does the proposal involve any discharges of
waste materials to surface waters? If so,
describe the type of waste and anticipated
volume of discharge. One intent of this Ordinance
is to prevent sediment or sediment - related pollusion
or other damage of waters in the City and the region,
which might otherwise occur through normal property
development activities.
•
b. Ground:
1) Will ground water be withdrawn, or will water be
discharged to ground water? Give general
description, purpose, and approximate quan-
tities, if known. No
2) Describe waste materials that will be discharged
into the ground from septic tanks or other sour-
ces, if any (for example: Domestic sewage;
industrial, containing the following
chemicals...; agricultural; etc.) Describe the
general size of the system, the number of such
systems, the number of houses to be served (if
applicable), or the number of animals or humans
the system(s) are expected to serve. N/A
Evaluation for
Agency Use Only
c. Water Runoff (including storm water):
1) Describe the source of runoff (including storm
water) and method of collection and disposal, if
any (include quantities, if known). Where will
this water flow? Will this water flow into
other waters? If so, describe. Local storm events
within the drainage basins, tributaries and in the
City of Tukwila, represent the source of runoff.
Development subsequent to this proposal i.e.:clearing,
grading, excavating or filling_will be required to
collect surface drainage in a temporary erosion control
facility via ditches, detention ponds, and overflow weirs and
purify it prior to discharge into downstrean flows of
the City's surface water system which ultimately flows
into the Green River.
4.
• Evaluation for
Agency Use Only
2) Could waste materials enter ground or surface
waters? If so, generally describe.This Ordinance tries
to minimize this possibility.
d. Proposed measures to reduce or control surface,
ground, and runoff water impacts, if any: This Ordinance
applies several criteria to reduce and control surface water
impacts (draft ordinance attached) including identifying
critical areas subject to severe erosion; luniting the
time of exposure of land altering activities; sting exposed
are s� cnntrnllin • • storm water runoff; managing site runoff;
ari nt
d`coi'ol1ing sedimentation.
Plants
a.
Check or circle types of vegetation found
site:
deciduous tree:
evergreen tree:
shrubs
grass
pasture
crop or grain
wet soil plants
skunk cabbage,
water plants:
other types of
alder, maple, aspen, other
fir, cedar, pine, other
on the
: cattail, buttercup, bullrush,
other
water lily, eelgrass, milfoil, other
vegetation
b. What kind and amount of vegetation will be removed
or altered? This will vary based on proposals submitted under
this regulatory ordinance, but tthe_remQval of vegetation will
require accompanying mitation measures to prevent erosion,
and tree removal adverse impacts of soil removal /alterations.
c. List threatened or endangered species known to be on
or near the site. Not Known
water quality,
•
Evaluation for
Agency Use Only
d. Proposed landscaping, use of native plants, or other
measures to preserve or enhance vegetation on the
site, if any: All land altering activity shall be planned
so as to preserve trees which are in good health and
contribute substantially to soils stabili y visual and
noise screening, wild habitat and Lh
may request report from an arborist on vegetation retentions.
5. Animals
a. Circle any birds and animals which have been
observed on or near the site or are known to be on
or near the site:
birds: hawk, heron, eagle, songbirds, other:
All Species
mammals: deer, bear, elk,(beaver) other:
fish: (bass, salmon, trout, herring) shellfish,
other:
b. List any threatened or endangered species known to
be on or near the site. Not Known
c. Is the site part of a migration route? If so,
explain. Yes - several migration routes_ for several species.
d. Proposed measures to preserve or enhance wildlife,
if any: By providing regulations to preserve and
protect trees as a desirable vegetative cover and
supporting the policies and goals of the City's Comprehensive
Land Use policy plan for the natural environment, open
space and surface drai.nage.• The habitat of wild life will
also be preserved and less subject to loss of trees and
vegetative screening and cover. Also, the protection of waterways from
sediment will preserve native fish species and potential spawning habitat.
Finally water quality controls will protect the Green River as a viable
migration route and habitat for fishes.
•
• Evaluation for
Agency Use Only
6. Energy and Natural Resources
a. What kinds of energy (electric, natural gas, oil,
wood stove, color) will be used to meet the
completed project's energy needs? Describe whether
it will be used for heating, manufacturing, etc.
b. Would your project affect the potential use of solar
energy by adjacent properties? If so, generally
describe. No
c. What kinds of energy conservation features are
included in the plans of this proposal? List other
proposed measures to reduce or control energy
impacts, if any: None
7. Environmental Health
a. Are there any environmental health hazards,
including exposure to toxic chemicals, risk of fire
and explosion, spill, or hazardous waste, that could
occur as a result of this proposal? If so,
describe.
1) Describe special emergency services that might
be required. None
2) Proposed measures to reduce or control environ-
mental health hazards, if any: Through the review
and enforcement of the Grade and Fill Permit sty
staff will review the site map, grading, tree preservation
plan, interim erosion control plan, and other documents designed
to control sedimentation, erosion and potential flooding which
normally would result from uncontrolled clearing, grade or
fill operations. The quality of fill materials and the water
quality control requirements will also serve to reduce
environemtal health hazards.-10-
•
b. Noise
. Evaluation for
Agency Use Only
1) What types of noise exist in the area which may
affect your project (for example: traffic,
equipment, operation, other)? N/A
2) What types and levels of noise would be created
by or associated with the project on a short -
term or a long -term basis (for example: traf-
fic, construction, operation, other)? Indicate
what hours noise would come from the site.
N/A
3) Proposed measures to reduce or control noise
impacts, if any:
N/A
8. Land and Shoreline Use
a. What is the current use of the site and adjacent
properties? Per City's Zoning Code (varies considerably)
b. Has the site been used for agriculture? If so,
describe. Some portions of the City are utilized
agricul K7_—
c. Describe any structures on the site. varies considerably from undeveloped
land to single- family dwellings and multistory buildings.
• Evaluation for
Agency Use Only
d. Will any structures be demolished? If so, what?
N/A
e. What is the current zoning classification of the
site? Refer to City's Zoning Code - varies substantially
throughout the City.
f. What is the current comprehensive plan designation
of the site? Same as (e) above
g. If applicable, what is the current shoreline master
program designation of the site? Same as (e) above.
h. Has any part of the site been classified as an
"environmentally sensitive" area? If so, specify.
Same as (e) above.
i. Approximately how many people would reside or work
in the completed project? 50 to 60 thousand daytime
potpulatiQn 1Q_thQuaand.. eaide there.
j. Approximately how many people would the completed
project displace?
k. Proposed measures ��Pavoid or reduce displacement
impacts, if any:
1. Proposed measures to ensure the proposal is com-
patible with existing and projected land uses and
plans, if any: This Ordinance does not override the Comp.
Use Plan and Zoning Ordinance. Rather, it works as a
supplement to existing Ordinances.
• Evaluation for
Agency Use Only
9. Housing
a. Approximately how many units would be provided, if
any? Indicate whether high, middle, or low - income
housing? N/A
b. Approximately how many units, if any, would be eli-
minated? Indicate whether high, middle, or low -
income housing. N/A
c. Proposed measures to reduce or control housing
impacts, if any: N/A
10. Aesthetics
a. ,What is the tallest height of any proposed
structure(s), not including antennas; what is the
principal exterior building material(s) proposed?
b. What views in the immediate vicinity would be
altered or obstructed? Allowing the removal of diseased
trees or trees that are not crucial to ground cover
may alter views, However, the screening provided by vegetative
cover may improve the end result aria -grading acttVities.
Impacts to views will normally on change in the sort run
as older trees are replaced by required new plantings.
c. Proposed measures to reduce or control aesthetic
impacts, if any: Tree preservation, tree plantings, and limiting
the time of exposure surface.
•
11. Light and Glare
a. What type of light or glare will the proposal
produce? What time of day would it mainly occur?
None
b. Could light or glare from the finished project be a
safety hazard or interfere with views? No
c. What existing off -site sources of light or glare may
affect your proposal? None
d. Proposed measures to reduce or control light and
glare impacts, if any: N/A
12. Recreation
a. What designed and informal recreational oppor-
tunities are in the immediate vicinity? N/A
b. Would the proposed project displace any existing
recreational uses? If so, describe. No
Evaluation for
Agency Use Only
c. Proposed measures to reduce or control impacts on
recreation, including recreation opportunities to be
provided by the project or applicant, if any: Screenings
and buffers or cover and restoration may be required as part
of grade and fill, or tree removal activities associated
with this Ordinance.
•
13. Historic and Cultural Preservation
a. Are there any places or objects listed on, or pro-
posed for, national, state, or local preservation
registers known to be on or next to the site? If
so, generally describe. All within City
b. Generally describe any landmarks or evidence of
historic, archaeological, scientific, or cultural
importance known to be on or next to the site. N/A
c. Proposed measures to reduce or control impacts, if
any: N/A
14. Transportation
a. Identify public streets and highways serving the
site, and describe proposed accss to the ex'sting
street system; Show on site plans if.any. Ali public
streets and right -of -ways within the City may
be,considered as applicable anrPsc_
b. Is the site currently served by public transit? If
not, what is the approximate distance to the nearest
transit stop? 1/A
c. How many parking spaces would the completed project
have? How many would the project eliminate ? --T'
Evaluation for
Agency Use Only
•
. Evaluation for
Agency Use Only
d. Will the proposal require any new roads or streets,
or improvements to existing roads or streets, not
including driveways? I.f so, generally describe
(indicate whether public or private). Clearing, grade
and fill activities may require access roads within sites.
These may be either public or private access routes.,
but g enerally will not impact existing roads and streets
other than the benefits derived by keeping sediments
within development sites.
e. Will the project use (or occur in the immediate
vicinity of) water, rail, or air transportation? If
so, generally describe. Proposed actions may occur
in the immediate vicinity of rail
transportation within the City of Tukwila
f. How many vehicular trips per day would be generated
by the completed project? If known, indicate when
peak volumes would occur. N/A
g. Proposed measures to reduce or control transpor-
tation impacts, if any: Erosion control maintenance
will require minimal trips to fill and grade sites
15. Public Services
a. Would the project result in an increased need for
public services (for example: fire protection,
police protection, health care, schools, other)? If
so, generally describe. Additional Public Works
manhours to administer the Ordinance and effect- the
required inspections
b. Proposed measures to reduce or control direct
impacts on public services, if any. None
•
16. Utilities
t Evaluation for
Agency Use Only
a. Circle utilities currently available at the site:
electricity, natural gas, water, refuse service,
telephone, sanitary sewer, septic system, other.
LIZA
b. Describe the utilities that are proposed for the
project, the utility providing the service, and the
general construction activities on the site or in
the immediate vicinity which might be needed.
Downstream drainage facilities will be required to take
and increases in flows and /or flows from different points
r origin than m y have een the case without the Ordinance.
C. Signature
The above answers are true and complete to the best of
my knowledge. I understand that the lead agency is
relying on them to make its n.
Signature:
Date Submitted: L1-1°1-90
PLEASE CONTINUE TO THE NEXT PAGE.
. TO BE COMPLETED BY APPI•ANT
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
(do not use this sheet for project actions)
Because these questions are very general, it may be helpful
to read them in conjunction with the list of the elements of
the environment.
When answering these questions, be aware of the extent the
proposal, or the types of activities likely to result from
the proposal, would affect the item at a greater intensity
or at a faster rate than if the proposal were not imple-
mented. Respond briefly and in general terms.
Evaluation for
Agency Use Only
1. How would the proposal be likely to increase discharge
to water; emissions to air; production, storage, or
release of toxic or hazardous substances; or production
of noise? By implementation of the Ground Cover Preservation-
Clearing/Grading/Filling Ordinance ctiteria, reduction of
potential flooding and pollution and subsequent contamination
of storm waters and untreated local storm drainage will be
accomplished through regulated and monitored storm water
discharge.
Proposed measures to avoid or reduce such increases are:
N/A
2. How would the proposal be likely to affect plants, ani-
mals, fish, or marine life? Reduction of potential flooding and
siltation of downstream properties improves likelihood of
stable environment and erosion free developments. Preservation
of trees(includinq assurances of buffers and screening) and
other vegetation will preserve animal, fish and marine life.
Proposed measures to protect or conserve plants, ani-
mals, fish, or marine life are: Erosion control will protect
rivers, downstream plants, animals, fish and marine life. Erosion
control will preserve downstream eco systems. Close monitoring
of all grading, clearing and filling activity will preserve
vegetation, prevent uncontrolled runoff and minimize periods
of surface exposure during development.
•
• Evaluation for
Agency Use Only
3. Flow would the proposal be likely to deplete energy or
natural resources? Some natural vegetation will be removed
which is not replaced through grade and fill operations
Proposed measures to protect or conserve energy and
natural resources are: Tree preservation j screening minimizing the
the mount of clearing on site and the duration of ..exposure of
cleared land to. prevent erosion of natural sediments and maintain
natural vegetation, while also preserving the quality of downstream waters.
4. How would the proposal be likely to use or affect
environmentally sensitive areas or areas designated (or
eligible or under study) for governmental protection;
such as parks, wilderness, wild and scenic rivers,
threatened or endangered species habitat, historic or
cultural sites, wetlands, floodplains, or prime
farmlands? The proposal will be in keeping with the Sensitive Area
Ordinance and protect streams and wetlands including the Green River
Gilliam Creek through erosion control and desiltation facilities.
Proposed measures to protect such resources or to avoid
or reduce impacts are: prohibition of development in areas or mitigating impacts
through erosion controls on adjacent si s.
5. How would the proposal be likely to affect land and
shoreline use, inclduing whether it would allow or
encourage land or shoreline uses incompatible with
existing plans? Ordinance designed to be complimentary
to all existing plans. Ordinance will mitigate impacts
of land use permitted by existing plans and ordinances.
•
Evaluation for
Agency Use Only
Proposed measures to avoid or reduce shoreline and land
use impacts area: Required permit approval process for
land development to include vegetation, preservation, erosion
control measures, etc.
How does the proposal conform to the Tukwila Shoreline
Master Plan? No conflicts
Ir//D
6. How would the proposal be likely to increase demands on Ofili v j(/
transportation or public services and utilities? N/A �' 5 /V�
1/n /VI
bit
0 1
°44t1 t2
Proposed measures to reduce or respond to such demand(s) T'v l
are: N/A
7
7. Identify, if possible, whether the proposal may conflict
with local, state, or federal laws or requ rements for
ti otection of the environment. Propos (and) designed to
help plement DOE water quality standards for storm water discharge.
•
. Evaluation for
Agency Use Only
8. Does the proposal conflict with policies of the Tukwila
Comprehensive Land Use Policy Plan? If so, what poli-
cies of the Plan? NO
Proposed measures to avoid or reduce the conflict(s)
are: N/A
ecldn ,Ste)-(90
a979tintio-k-
/J aGdi)(013reiiiye___r0
astkuitAttbi
tr
119031-6d—il
a o lvlii t_aA-
TO BE COMPLETED BY APPOOANT
• Evaluation for
Agency Use Only
E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT
PROPOSALS
The objectives and the alternative means of reaching the
objectives for a proposal will be helpful in reviewing the
aforegoing items of the Environmental Checklist. This
information provides a general overall perspective of the
proposed action in the context of the environmental infor-
mation provided and the submitted plans, documents, suppor-
tive information, studies, etc.
1. What are the objective(s) of the proposal? Monitor and regulate do°9 all land - altering activities which might have an adverse impact
on downstream or adjacent properties or water courses due to t
sedimentation, surface waterrunoff, water erosion, visual
impacts or other such adverse impacts as mig resu t rom
poor development practices in the areas of vegetative preservation,
grading, filling or long term erosion control.
2. What are the alternative means of accomplishing these -
objectives? Allow_property owners and developers to n�^�
police themselves.
0Y1/X14-5
f ve
3. Please compare the alternative means and indicate the
preferred course of action: past practices has shown that
self - policing is not effective means for achieving these objectives
due to the profit incentives of developers and the subsequent
desire to cut costs and provide only what is required.
Thus, enforcement and regulation are the only effective means
for achieving the desired outcomes.
•
Evaluation for
Agency Use Only
4. Does the proposal conflict with policies of the Tukwila
Comprehensive Land Use Policy Plan? If so, what poli-
cies of the Plan? No
Proposed measures to avoid or reduce the conflict(s)
are: N/A
-23-
ti
GROUND COVER PRESERVATION AND
CLEARING /FILLING /GRADING ORDINANCE
CITY OF TUKWILA
SECTION I. TITLE, PURPOSE AND GENERAL PROVISIONS
PROVIDE A PARAGRAPH TO RESCIND BOTH PUBLIC AND
PRIVATE EXCAVATION ORDINANCES: (list)
1.1 TITLE AND AUTHORITY
Granted under the authority of the Tukwila City Council,
this Ordinance shall be known as the City of Tukwila
"Ground Cover Preservation Clearing, Grading and Filling
Ordinance" and may be so cited.
1.2 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.
B. Prevent the sediment or sediment- related pollution and
other damage of waters in the City and the region.
C. Minimize maintenance costs of existing and future
infrastructure as a result of Grade & Fill activities.
D. Establish the procedures through which these purposes
can be fulfilled.
,E. Address the need for visual buffers and screening
against traffic and noise.
F. Implement goals and policies of the City's
Comprehensive Land Use Policy Plan for the natural
environment, open space and surface drainage.
• •
G. Provide a supplement to the Grade & Fill regulations
and requirements prescribed in the Uniform Building
Code.
H. Provide for the preservation and protection of trees as
desirable vegetative cover.
1.3 SCOPE
This Ordinance sets forth rules and regulations to control
all land- altering activities within the City of Tukwila,
herein after referred to as the "City ".
1.4 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.
Area of Special Flood Hazard - Land in a floodplain area
subject to one percent or greater chance of flooding in
any given year as designated by the FEMA National Flood
Insurance Program or as adopted by the City.
Bench - A relatively level, step excavated into natural
earth or fill material.
Borrow - Fill material which is imported from another
location.
Buffer Zone - A parcel or 'strip of land that is designated
to permanently remain in an undisturbed and untouched
condition. No building, clearing, filling or grading is
permitted within this area, except for noxious weed
removal and maintenance when necessary to protect life or
property.
Caliper - The diameter of any tree trunk measured at
a height of 4 1/2 feet above the ground on the upslope
side of the tree.
Clearing - Any removal of trees and /or the removal of
brush, grass, ground cover or other vegetative matter from
a site which exposes the earth's surface at the site.
(Removal of noxious weeds ;excluded).
Compaction - The densification of a fill by mechanical
r
means.
Constructed Wetland - Same definition as "Wetland:', but
proposed by man and not preserved by the EPA or DOE as
a "natural wetland" nor considered part of the national
waterway system.
Construction Documents - The drawings, (plans) and
specifications, contracts and permits which comprise the
directions on how the construction is to occur.
Control Measure - A practice or combination of practices
to control erosion and attendant pollution.
Developer - A person, partnership, or corporation
who is proposing land - altering activity.
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.
Drip Line - A line projected to the ground delineating
the outermost extent of foliage in all directions from the
center.
Earth /Earth Material - Naturally occurring rock, soil,
stone, dirt or combination thereof to exclude hazardous
material of any type as defined by DOE as organic matter
such that it is detrimental to the fill or the site or as
precluded by the definition in UBC 70.
Earthwork - Any operation involving the excavation,
grading or filling of earth materials.
Energy Dissipator - A structure or a shaped channel
section with mechanical armoring placed at the outlet
of pipes or conduits to receive and break down the
energy from high velocity flow.
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 within the area of soil
disturbance and prevent accelerated erosion and
associated transport of sediments downstream.
Excavation - The mechanical digging or removal of earth
material.
Fill Material - A deposit of earth material placed by
mechanical 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:
- Existing Grade is the grade prior to grading.
- Interim Grade is a pre - determined staged grade, not
the final grade and allowed for a specific period of
time.
- Rough Grade is the stage at which the grade
approximately conforms to the approved plan.
- Finish Grade is the final grade of the site which
conforms to the approved; plan.
Grading - Any excavating, filling, clearing, creation
of impervious surface or 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 - Compacted gravel, asphalt concrete,
Portland Cement Concrete, bituminous surface, oil -mat or
other finished surface (including all driving surfaces)
or ground which is impenetrable or potentially
impenetrable by water, or which becomes so over time.
Land - altering Activity - Any land activity that results in
change of the natural cover or topography or may cause
sedimentation. To include, but not limited to the
following: 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 agents under 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 permit in accordance
with this Ordinance.
Person - Any legal entity recognized by the State of
Washington for the purpose of assigning legal
responsibilty, 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 Tree - Any tree located on property owned or
controlled by the City.
Public Works Director - The Director of Public Works, or
staff designated by the Director to discharge the
requirements of this Ordinance.
Removal - Is the actual removal or causing the effective
removal through damaging, poisoning or other direct or
indirect actions resulting in the death of a tree.
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,
or other water body.
Sensitive Area - Wetlands, watercourses, slopes steeper
than 15 %, landslide hazard areas and abandoned coal mines.
Siltation - The process or results thereof, whereby
sediment is deposited at a location.
Site - Any legally or geographically defined place where
a land - altering activity is proposed.
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 civil 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 stormwater through
and from a given drainage area.
Storm Water - Precipitation that reaches the surface water
system by overland flow, interflow (a complex and transfer
of water that occurs just below the surface of the ground)
or via constructed conveyance systems.
Surcharging - Using 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.
Tract - 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 all at one time.
Tree - Any self- supporting woody plant with its root
system growing upon the earth usually with one trunk of
at least four (4) inch caliper at a height of four and one
half (4 1/2) feet above the ground, or a multi- stemmed
trunk system with a definitely formed crown.
Tree Worthy of Preservation - Is any tree which is
determined by the City to be unique by reason of age,
size, rarity or status as a landmark or species specimen.
Uncover(ed) - The removal of ground cover from, on or
above the soil surface, or the state occurring as a result
of such removal.
Uniform Building Code (UBC) - The version of the Uniform
Building Code currently adopted by the City.
Waste - Surplus materials resulting from construction and
disposed of at other locations (off- site).
Watercourse - Means 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 entire by artificial watercourses unless
they are used by salmonds or to convey pass- through 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 support vegetation typically adapted for
life in saturated soil conditions. Wetlands generally
include swamps, bogs and similar areas.
1.5 OTHER LAWS
A. Whenever conflicts exist between federal, state or
local laws, ordinances or rules, 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
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J
time, any appropriate action, at law or in .equity,
for relief or damages against the permittee
arising from the permitted activity.
SECTION II. PERMIT APPLICATION PROCEDURES
2.1 SCOPE
All land - altering activity shall be undertaken in
accordance with the following mandatory standards:
A. PLAN REQUIRED - No person shall initiate any land -
altering activity under any circumstances as
prescribed in this Ordinance without first obtaining
a permit. All work must be performed in accordance
with a sequence shown on the approved plan or a
revised sequence as may be determined by the Public
Works Director.
B. PROTECTION OF PROPERTY - Persons conducting land -
altering activity shall take all reasonable measures
to protect all public and private property from damage
caused by such activity.
C. BUFFER ZONE - No land - altering activity shall be
permitted adjacent to a sensitive area without a
sufficient natural separation or buffer zone
containing a width adequate to confine siltation
within the site, and within the 25% of the buffer zone
nearest the land - altering activity. This subsection
shall not apply to a land - altering activity in
connection with the construction of facilities to be
located on, over or under a sensitive area.
D. GRADED SLOPES AND FILLS - The angle for graded slopes
and fills shall be no greater than the angle which can
be retained by vegetative cover or other adequate
erosion control devices or structures. Slopes left
exposed will be controlled in a manner sufficient to
restrain erosion at all times until permanent ground
cover is established.,
E GROUND COVER - If land - altering activity is under-
taken on a tract comprising more than 6,000 square
feet or more than one contiguous 6,000 square foot
section is uncovered on said tract, the person
conducting the land - altering activity shall employ
such sedimentation and erosion control devices and
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practices as are sufficient to retain the sediment
generated by the land - altering activity within the
boundaries of the tract during construction upon, and
development of, said tract, and shall plant or
other -wise provide a permanent ground cover
sufficient to prevent erosion after completion of
construction or development, or within 30 calendar
days following completion, whichever period is
shorter.
2.2 PERMIT CONTROL OBJECTIVES
The basic control objectives which are to be considered in
developing and implementing an erosion and sedimentation
control plan are:
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 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 stormwater runoff - Stormwater 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 stormwater 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 so as
to prevent accelerated erosion of the site and
increased sedimentation of the water body; and,
F. Control sedimentation - All land - altering activity
shall be planned and conducted so as to prevent
off -site sedimentation damage; and,
G. Tree Preservation - All land - altering activity shall
be planned so as to preserve trees which are in good
health and contribute substantially to soil stability,
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visual and noise screening, wildlife habitat, eco
system preservation and asthetic qualitles of the site.
2.3 PUBLIC WORKS DIRECTOR TO HAVE PERMIT AUTHORITY
The Public Works Director is the responsible
Administrative Officer of this Ordinance and his /her
authority includes the establishment of Policies and
Procedures to carry out the intent of this Ordinance.
2.4 APPLICATION FOR PERMIT
2.4.1 The application for a permit must include the following:
A. Public Works Utility Permit Application Form
(provided by the Public Works Department).
B. Site map, grading, tree preservation plan (2.4.2).
C. Interim erosion and sediment control plan (2.4.3).
D. Final erosion and sediment control plan (where
required) (2.4.4).
E. Soils engineering report (where required) (2.4.5).
F. Environmental checklist (where required) (2.4.6).
G. Work schedule and construction estimate (2.4.7 and
5.1)
H. Performance bond or other acceptable security
(2.12).
I. Any supplemental material required by the Public
Works Director.
2.4.2 The site map, grading and tree preservation plan shall
contain all the following information:
A. Existing and proposed topography of the site taken
at a contour interval sufficiently detailed to
define the topography over the entire site. Two
foot intervals shall be used as a standard unless
a greater number of contours are required to
define drainage system directions of flow N.G.V.
Datum (1929) shall be used as the vertical
reference.
Ninety percent (90 %) of the contours shall be
plotted within one contour interval of the true
location.
B. Two contour intervals that extend a maximum of 100
feet off -site, sufficient to show on- and off -
site drainage.
C. Site property lines shown in true location with
respect to the plan's topographic information.
D. Location and graphic representation of all existing
and proposed natural and man made drainage
facilities.
E. 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 the area served by any storm water facility,
based on run -off design criteria described in the
City's Comprehensive Drainage Plan.
F. Location and graphic representation of proposed
excavations and fills, or on -site storage of soil
and other earth material, and any on -site disposal.
G. Quantity of soil or earth material in tons and cubic
yards to be excavated, filled, stored or otherwise
utilized on -site.
H. Location of proposed final surface runoff, erosion
and sediment control measures.
I. Location of existing trees, their respective
driplines and the location and type of vegetation
to be left undisturbed with a plan to protect
vegetation that will be retained per the City's
adopted Sensitive Area Ordinance.
J. Outline of the methods to be used in clearing
vegetation, storing, and disposing of the cleared
vegetative matter.
K. Proposed sequence and schedule of excavation,
filling and other land - altering activities, together
with plans for soil or earth material storage and
L.
disposal. Report from an arborist on vegetation
retentions when requested by the City.
Designation of materials and quantities to be used
as fill on the site.
M. Location
property
location
adjacent
property
proposed
of any buildings or structures on the
where the work is to be performed and the
of any buildings or structures on land of
owners which are within 15 feet of
lines or which may be affected by the
grading operations.
N. Information covering construction and materials for
any "special provisions ".
0. Designation of all diseased or damaged trees.
P. Designation of any trees endangering any roadway,
pavement or utility line.
Q. Any proposed grade changes that might adversely
affect or endanger any trees on the site and
specifications of how to maintain them.
R. Designation of trees to be removed and trees to be
retained.
S. Purposes of any tree removals (construction, street
or roadway, driveway, recreation area, patio,
parking lot, etc.).
T. All trees to be planted with an indication of size,
species and methods of planting.
2.4.3 Interim Erosion and Sediment Control Plan (Interim
Plan)
The following information shall be provided with
respect to conditions existing on the site during
land - altering, filling or soil storage activities.
A. Maximum surface runoff from the site shall be
calculated using the standards adopted in the
Stormwater Management Ordinance.
B. The Interim Plan shall also contain the following
information:
1) A delineation and brief description of the
measures to be undertaken to retain sediment on
the site, including, but not limited to, the
design, specifications and maintenance schedules
for, sediment detention basins.
2) A delineation and brief description of the
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 schedule for all elements.
3) A delineation and brief description of the
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.
2.4.4 Final Erosion and Sediment Control Plan
The following information may be required with
respect to permanent site conditions at the discretion
of the Public Works Director:
A. Maximum runoff from the site shall be calculated using
the rational method by a licensed engineer.
B. The Final Plan may also contain the following
information:
1) A description of and specifications for sediment
and oil retention devices.
2) A description of and specifications for surface
runoff and erosion control devices.
3) A description of vegetative measures.
4) A graphic representation of the location of all
items in Subsections 1 and 3 above.
2.4.5 Soils Engineering Report
A soils engineering report, when required by the Public
Works Director, shall be based on adequate and necessary
•
test borings, and shall contain all the following
information and, recommendations included in the report
shall be incorporated into the plans or specifications:
A. Data regarding the nature, distribution, strength and
erodibility of existing soils and of soils to be placed
on the site, if any.
B. Conclusions and recommendations for grading procedures.
C. Conclusions and recommended designs for interim soil
stabilization devices and measures for permanent
soil stablization.
D. Design criteria for corrective measures, when
necessary.
E. Opinions and recommendations covering adequacy of sites
to be developed by the proposed grading.
F. If any portion of the Grade and Fill is to be
considered structural fill, the appropriate analysis of
the soils shall 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 substant-
iating the final product meets the conclusions of the
original soils report will be provided by the applicant
to the Building Official at the time of application for
the Building Permit. Also identified as the "Soils
Engineer of Record ", to 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 provide full time inspection services by a
qualified Soils Engineer, licensed in the State of
Washington.
2.4.6 Environmental Checklist,- As Specified in TMC #
2.4.7 Schedule
The work schedule shall include the proposed time(s)
when the proposed land - alterations will be made 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.
2.5 ISSUANCE OF PERMITS
A. Permits are not transferable.
B. A permit must not be issued for land alteration
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 land.
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 show that the proposed work will conform to the
requirements of this chapter and other laws and
ordinances.
1. A waiver of the requirement for detailed plans and
specifications must not be construed as waiving
any other requirements of this or related
regulations and the applicant remains bound by
conditions of the application.
2. Failure to comply with these requirements may
result in the Public Works Director requiring
appropriate remedial measures which might include
submission and approval of the following:
(a) engineered clearing /filling /grading plans;
and, (b) erosion /sedimentation plans.
D. Within 60 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.
If the requirements of this Ordinance are met, the
Public Works Director shall approve the plan, inform
the applicant and issue a permit. If the conditions
are not met, the Public Works Director shall inform
the applicant in writing and may either require
additional information, or disapprove the plan.
Within 45 days or receipt of any resubmittal, the
Public Works Director shall again determine if the
plan meets the requirements of this Ordinance and
shall either approve or disapprove said resubmittal.
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 with any applicable conditions and fees.
2.6 AMENDMENT
Application for amendment for a permit shall be in
written and /or graphic form and may be made at any time
under the same conditions as the original application.
Until such time as said amendment is approved by the
City, the land - altering activity shall not proceed
except in accordance with the permit as originally
- approved.
2.7 EXEMPTIONS
The following activities are exempt unless they
occur in a sensitive area:
A. Excavations less than ifive 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
throughout the life of the project.
B. Clearing of a parcel of land which is less than 6,000
square feet.
C. The stockpiling of less than 50 cubic yards of
topsoil, peat, sawdust, mulch, bark, chips
or solid nutrients on 'a lot, tract or parcel of land.
D. The creation of impervious surfaces which have an
area of less than 6,000 square feet.
E. 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 shall not be exempt.
F. Public Works Improvement Projects and Maintenance
• •
Programs.
G. Agricultural and residential gardening.
H. Removal of any tree from a developed single family
residential property, provided that such tree was not
a part of a required and approved landscape plan.
I. Refuse disposal sites covered by other regulations.
J. Removal of tree(s) from a single family residential
lot in accordance with a tree retention plan approved
in connection with subdivision or short subdivision
approval, shall be considered incidental to the
building permit and not require a permit under this
Ordinance.
2.8 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 of this Ordinance will result
in unnecessary hardship and not fulfill the intent of the
Ordinance. A written request for variance shall be
provided to the Public Works Director and shall state the
specific variances sought and reasons supporting the
approval.
The Public Works Director shall 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 by the person altering the land.
2.9 PERMIT FEE
A non - refundable permit fee will be collected at the time -
the issuance of the clearing, grading, filling 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 relative
to this Ordinance.
A permit fee schedule shall be established by the City
based upon the relative complexity of the project and may
be amended from time to time. The Permit fee schedule
shall be set by the City Council.
2.10 PERMIT SUSPENSION
Any clearing, grading and ;filling permit issued by the
City may be suspended or revoked, after written notice is
given to the permittee, for any of the following reasons:
A. Any violation(s) of the conditions of the permit.
B. Changes in site runoff characteristics upon which
a permit is granted.
C. Construction is not in accordance with the approved
plans.
D. Noncompliance with correction notice(s) or stop work
order(s) issued for erosion or sediment controls.
E. An immediate danger exists in a downstream area or
adjacent property in the opinion of the City.
2.11 PERMIT CONDITIONS
In granting any permit, the City may attach the conditions
that it deems reasonable and 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.
Those 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. These items must be
identified on the erosion and sediment control plan
submitted for approval. The following shall be
conditions of all permits, thus, the permittee shall:
A. Notify the Public Works Director within 48 hours of
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 City 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, stormwater
• •
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 resulting from land- altering
activities.
G. Inspect the construction control measures after each
rain of 0.5 inches or more and at least once each week
and make needed repairs immediately.
H. Allow the Public Works Director to enter the site for
the purpose of inspecting compliance with the control
plan or for performing any work necessary to bring the
site into compliance with the control plan.
I. Keep a copy of the control plan on -site.
J. Insurance - 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,
before issuing the permit, require the applicant to
file a certificate of insurance. That certificate
must show that the applicant is insured against
claims for damages for personal injuries and property
damages in an amount not less than $1,000,000.00 per
occurence. (Reference Section 2.14 - Liability)
The amount of insurance must be prescribed by the
Public Works Director in accordance with the nature of
the risks involved and may be greater than the amount
prescribed in this Ordinance as determined by the
Public Works Director. Insurance must 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 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.
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.
2.13 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 clearing, filling, grading permit
for construction of a development requiring over 500
cubic yards of fill. 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.
2.14 LIABILITY
All contractors performing work within any existing street
right -of -way or any public easement shall have a valid
permit ( "street use" permit) covering the work and shall
be currently licensed and bonded with the State of
Washington during the course of the work for the kind of
work performed. Said contractor shall have a current
liability insurance policy, with the City named as an
additional insured in said policy, in force to protect the
contractor, the public, and the City against liability for
accidental injury to persons or property in the following
minimum amounts:
A. Bodily injury liability for each occurrence -
$1,000,000.00.
B. Property damage liablity insurance for each
occurrence - $1,000,000.00.
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 UBC Chapter 70
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. Vegetation shall be retained to the maximum extent
possible and clearing shall only be allowed to the
extent that it is necessary to develop the site per
approved site plans.
B. Preservation and restoration requirements for
vegetation shall be performed in accordance with
guidelines and procedures set forth in the Development
Standards.
C. No clearing shall be allowed in a protected area
without a clearing and grading permit and such other
approvals as may be required by the City. The limits
of sensitive area setbacks and all other vegetation to
be preserved shall be fenced during all construction -
related activities in accordance with the current
City Development Standards (on file in the Public
Works Department) prior to any clearing adjacent to a
setback area or sensitive area.
D. No clearing shall be allowed in any designated native
growth protection easement or greenbelt without a
permit and such other approvals as may be required by
City Code. The limits of said native growth
protection easement or greenbelt shall be fenced
during all construction - related activities in
accordance with the requirements of the Development
Standards prior to any clearing adjacent to any such
native growth protection easement or greenbelt.
3.3 GRADING
Changes in site topography shall conform to the following
restrictions and those set forth in the 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.
C. The maximum surface gradient on any artificially
created slope shall be two feet of horizontal run
to one foot of vertical fall. This gradient may be
increased provided it 'can be demonstrated
through engineering calculations, as outlined in the
Development Standards, to be stable per the Soils
Engineer of Record's report and if in the opinion of
the Public Works Director,it has been demonstrated
by'the applicant through engineering calculations that
surface erosion can be controlled to that erosion
rate equal to a two-to-one slope under the same
conditions.
D. The permittee shall at all times protect improvements
to adjacent private properties and public rights -of-
way 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, public improvements damaged by the permittee's
operations.
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 permit documentation.
4.2 INSPECTION SCHEDULE AND REPORTS
A. Prior to approval of a land - altering
activity, the applicant will submit to the Public
Works Inspector for approval, a proposed inspection
and construction control schedule for City approval.
B. The permittee shall notify the Public Works Director
before commencing any work in connection with this
permit.
4.4 FINAL INSPECTION / REPORTS
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. The Soils
Engineer's final report, if required, (I.C. required for
placement of all structural fills) shall be resubmitted at
this time. Upon completion of all required 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. 'MAINTENANCE
5.1 MAINTENANCE SCHEDULE
A. Prior to the issuance of any Grade and Fill Permit
the Public Works Director shall require the
applicant, developer or owner to provide monitoring
and maintenance schedule 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.
B. A maintenance schedule shall be developed for the life
of any erosion control and erosion control system
element and shall state the maintenance to be
completed, the time period for completion, and
who shall perform the maintenance. This
maintenance schedule shall be printed on the land -
altering plan. This schedule shall refer to the
Ground Cover Preservation- Clearing, Filling and
Grading Ordinance as currently modified.
C. If after notice by the Public Works Director to
correct a violation requiring maintenance work,
satisfactory corrections are not made within a
reasonable period of time (30 days maximum),the Public
Works Director may have the work performed in order to
place the facility in proper working condition.
The developer /land owner(s) of the facility
shall be assessed the cost of such work and any
applicable penalities and the City may place a lien on
the property for all costs associated with correction
of the facilities including property damages and
attorney's fees.
•
5.2 MAINTENANCE RESPONSIBILITY
A. The owner of the property on which work has
been done pursuant to this Ordinance, or any other
person or agent in control of such property, shall
maintain in good condition and promptly repair and
restore all grade surfaces, walls, drains, dams and
structures, vegetation, erosion and sediment
control measures, and other protective devices. Such
repairs or restorations and maintenance shall be in
accordance with approved plans.
B. The owner shall be responsible for the monitoring and
removal of all sedimentation arising from his /her
development and clearing the downstream public /private
system.
C. The City shall be responsible for routine maintenance
and operation of all public erosion and sediment
controls located within, easements and
rights -of -way following, the completion of a
successful trial maintenance period and the
acceptance of such facilities by the City.
SECTION VI. ENFORCEMENT AND SYSTEM PROTECTION
6.1 DETERMINATION OF RISK /HAZARD
If the Public Works Director determines that a
significant risk of accelerated erosion or off -site
sedimentation exists he /she will require a revised plan.
Pending the preparation of the revised plan, work shall
cease or shall continue under conditions outlined by the
Public Works Director.
A. 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, stream or surface water, including siltation
and sedimentation therein, the Public Works Director
shall immediately suspend the Clearing Filling and
Grading permit.
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The permittee, developer or person conducting the
land - altering activity, upon receipt of notice in
writing from the Public Works Director shall, within
the period specified therein, terminate such clearing,
grading, excavation, embankment or fill, or eliminate
the same from the development plans, or modify the
plans, as may be required to eliminate the hazard and
be in conformance with the requirements of this Code.
The permittee shall also be required to take measures
to correct damages caused to adjacent and /or
downstream or upstream properties, under the direction
of the Public Works Director and if not accomplished
in a reasonable period of time, the Public Works
Director shall do so using the security provided as
part of the clearing and grading permit under which
the work was done.
6.2 PERMIT REVOCATION OR SUSPENSION
A. Any permit issued under this chapter may be revoked or
suspended by the Public Works Director after notice,
for:
1. Violation of the plan or any other condition of
the permit; or
2. Violation of any provision of this chapter or any
other applicable law, ordinance, rule or
regulation relating to the work; or
3. Existence of any condition or the execution of any
act constituting or creating a nuisance, hazard or
en- dangering human life or the property of others;
or
4. Failure of the approved erosion and sediment
control plan and related schedules to achieve
required erosion and sediment control
objectives due to site characteristics
or conditions.
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.
C. A person must not continue or permit the continuance
of work in an area covered by a stop work order,
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except work required to correct an imminent safety
violation as prescribed by the Public Works
Director.
D. This section must not be interpreted as restricting
the Public Works Director from proceeding directly
with alternative enforcement procedures under
other sections of this Ordinance.
E. The cost of any corrective measures shall be borne by
the developer, owner or permittee applicant. The
Public Works Director may require inspection and
testing by an approved testing agency at any
stage of the application or project. Said
inspection and testing shall occur in accordance
with schedules as prescribed in the City's
Development Standards, or as required by the Public
Works Director.
6.3 VIOLATIONS
A. The violation or failure to comply with any of the
provisions of this chapter is declared to be unlawful.
The remedies provided in this section, whether civil
or criminal, shall be cumulative and shall be in
addition to any other remedy provided by law. The
cumulative effects of a failure to abide by clearing,
filling and grading regulations is detrimental to the
health, safety and welfare of this community and it
is the desire and intent of the Council that the
penalties contained in this section be strictly
enforced without suspensions and deferrals of
sentences except as may be necessary under exceptional
circumstances to achieve substantial justice.
B. If, through inspection, it is determined that a person
engaged in land - altering activity has failed to
comply with the approved plan, 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 a reasonable time period within
which such measures must be completed, and warn that
failure to correct the violation within the time
period prescribed will result in the assessment
of a civil penalty or other enforcement action.
If the person engaged in land- altering activity fails
to comply within the time specified, enforcement
action shall be initiated.
• •
C. Willful injury or disfigurement of any public tree
growing within the City shall be a violation of this
Ordinance. No person shall attach any sign, notice or
object to any public tree or fasten any wires, cables,
nails, or screws to any public tree.
6.4 CIVIL REMEDIES
A. Any structures, work, facilities, excavations,
fills or other activities which are constructed,
reconstructed, operated, or performed without a
permit required by this chapter or in violation
of any lawful order or requirement of the Public
Works Director made in accordance with the
provisions of this chapter shall be deemed to be
a public nuisance and may be abated in the manner
provided by T.M.C. Chapter
B. Injunctive Relief
1. 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, or any term,
condition, or provision of an approved
clearing, filling, grading or erosion and
sedimentation control plan, 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.
2. 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.
C. Civil Penalty
1. The violation of or failure to comply with
any of the provisions of this chapter or of
any lawful order or requirement of the permit
made in accordance with the provisions of
this chapter is a civil violation. The
provisions of T.M.C. Chapter shall be
• •
used to enforce this chapter in addition to
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 by
this chapter,, that a contractor, sub-
contractor, 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.
3. In addition, any person who violates any
provision of this chapter shall be required
to abate any conditions on the subject
property in a manner which will achieve full
compliance with this chapter and /or restore
such property, to its original condition, as
nearly as is practicable.
4. The Public Works Director shall have
authority to withhold issuance of a permit or
revoke a permit already issued, to any
contractor or to the person cited for
performing work in violation of this chapter
and to not issue or reissue permits for
further clearing.
D. Criminal Penalties
Any person who knowingly or willfully violates any
provision of this Ordinance, or rule or other adopted
or issued regulations pursuant to this Ordinance, or
who knowingly or willfully initiates or continues a
land- disturbing activity for which an erosion control
plan 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.
SECTION VII. SEVERABILITY
If any portion of this Ordinance, as now or hereafter amended,
or its application to any person or circumstances is held
invalid or unconstitutional,such adjudication shall not affect
the validity of the Ordinance a's 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. APPEALS
Any person aggrieved by the action of any official charged with
the enforcement of this Ordinance, as the result of the
disapproval of a properly filed application for a permit
variance of a written notice of violaion, or an alleged failure
to properly enforce the Ordinance in regard to a specific
application, shall have the right to appeal as provided in
U.B.C. and T.M.C.
SECTION IX. EFFECTIVE DATE
This Ordinance shall take effect on the date it is enacted.
APPROVED DATE
APPROVED AS TO FORM:
ATTEST:
CITY OF TUKWILA
ENVIRON&ENTAL REVIEW
ROUG FORM
DEPARTMENT OF - MUN/TY DEVELOPMENT
TO Building fl Planning [1 Pub Wks
EPIC:
Fire (1 Police I Parks /Rec
PROJECT 14111 e/ * I - (6--
Aga& O�f S ��� � S/ ADDRESS
DATE TRANSMITTED
RESPONSE REQUESTED BY
STAFF COORDINATOR )L /L,_!l/AeI DATE RESPONSE RECEIVED
‘Ca
The attached environmental checklist was received regarding this project. Please review and
comment below to advise the responsible official regarding the threshold determination. The
environmental review file is available in the Planning Department through the above staff
coordinator. Comments regarding the project you wish carried to the Planning Commission,
Board of Adjustment and City Council should be submitted in the comment section below.
ITEM
COMMENT
Date: y — lJ—'
Comments prepared by: ,