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HomeMy WebLinkAboutOrd 2517 - Low Impact Development: "Permit Application Requirements" and "Seasonal Limitation Period" (TMC Title 16) Cover page to Ordinance 2517 The full text of the ordinance follows this cover page. Ordinance 2517 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 6 2549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2062 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 16.54.010, 16.54.030, 16.54.050, 16.54.060 AND 16.54.080, RELATED TO LOW IMPACT DEVELOPMENT REQUIREMENTS; ESTABLISHING TWO NEW SECTIONS ENTITLED "PERMIT APPLICATION REQUIREMENTS" AND "SEASONAL LIMITATION PERIOD," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTIONS 16.54.055 AND 16.54.065 RESPECTIVELY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System ( NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit "); and WHEREAS, the Permit extends coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, Permit section S5.C.4 requires the City to implement and enforce a program to reduce pollutants in stormwater runoff by regulating new development, redevelopment and construction sites; and W: Word Processing \Ordinances \Low Impact Development rqmts -TMC 16.54 11 -29 -16 GV:bjs Page 1 of 9 WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate public notice, held a public hearing on the draft ordinance; and WHEREAS, the City Council deems it necessary to update Tukwila Municipal Code Chapter 16.54, "Grading," to remain in compliance with the Permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.54.010 Amended. Ordinance No 2062 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.54.010, "Purpose," is hereby amended to read as follows: The provisions of TMC Chapter 16.54 shall be liberally construed to accomplish the following purposes: 1. Prevent damage to life, public and private property, surface waters, sensitive areas and associated buffers. 2. Regulate grading activities, including excavation, fill, grading, earthwork construction, and structural preloads. 3. Prevent erosion and control sedimentation. 4. Establish the standards to govern grading activities. 5. Provide for approval and inspection of grading activities. 6. Prevent and minimize disturbance of native soils and landscapes, and restore the moisture-holding capacity of disturbed soils. Section 2. TMC Section 16.54.030 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.030, "Definitions," is hereby amended to read as follows: As used in TMC Chapter 16.54, the terms shall be defined as follows: 1. 'Applicant" means any person who has applied for a grading permit. 2. "Buffer" means the area contiguous to a sensitive area that is required for the continued maintenance, function and structural stability of the sensitive area as defined in the Environmentally Sensitive Areas chapter of the Zoning Code (TMC Chapter 18.45). 3. "Compaction" means the densification of a fill or of existing soils by mechanical or other means, whether intentional or incidental. 4. "Director" means the Public Works Director or his/her designee, including the City Engineer and Public Works inspectors. 5. "Erosion" means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. 6. "Excavation" means the digging or removal of earth material, also referred to as a "cut." 7. "Fill" means a deposit of material placed by artificial means. W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 GV:bjs Page 2 of 9 8. "Grade" means the vertical location of the ground surface. 9. "Grading" means any activity that results in change of the cover or topography, or any activity that may cause erosion, including clearing, excavating, filling, and stockpiling associated with excavating and filling. 10. "Sensitive area" means wetlands, watercourses, areas of potential geologic instability, abandoned coal mines, and fish and wildlife habitat areas, per the City's Environmentally Sensitive Areas chapter of the Zoning Code (TMC Chapter 18.45.) 11. "Site" means any legally defined section of real property, whose boundaries are recorded with the King County Assessor's Office for the purposes of assessing taxes, or a group of adjoining sections of such real property that are proposed as the location for grading activities. 12. "Slope" means an inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Section 3. TMC Section 16.54.050 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.050, "Permit," is hereby amended to read as follows: A. A permit is required for all grading activities occurring within the City limits, except the following: 1. Excavation for construction of a structure permitted under the Buildings and Construction chapter of Title 16 (TMC Chapter 16.04). 2. Cemetery graves. 3. Refuse disposal sites controlled by other regulations. 4. Excavations for wells, or trenches for utilities. 5. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 6. Exploratory excavations performed under the direction of a registered design professional, as long as this exploratory excavation does not constitute the beginning of construction of a building prior to obtaining a permit. 7. Gardening and routine landscape maintenance on a single-family residential lot. B. Applications for permits pursuant to TMC Chapter 16.54 shall be submitted to the City in the format and manner specified in TMC Section 16.54.055. C. An approved grading permit applies to one site. A separate permit shall be obtained for each site. D. The City shall collect a nonrefundable permit fee, the amount set by resolution of the City Council. W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 GV:bjs Page 3 of 9 Section 4. Regulations Established. TIVIC Section 16.54.055, "Permit Application Requirements," is hereby established to read as follows: 16.54.055 Permit Application Requirements A. To obtain a permit, the applicant shall submit an application on a form provided by or approved by the Director that shall include, at a minimum: 1. Identification and description of the work to be covered by the permit. 2. An estimate of the quantities of excavation and fill involved by volume and by the total area graded in square feet and as a percentage of the total site area. 3. Identification and description of all sensitive areas on the site or visible from the boundaries of the site. 4. Plans, reports, and specifications that, at a minimum, include those items required in IBC Section J104 and: setbacks; a. Property boundaries, all existing and proposed easements and required b. A 1:2000 scale vicinity map with a north arrow; c. Horizontal and vertical scale; d. Size and location of existing improvements on and within 50 feet of the project, indicating which will remain and which will be removed; e. Location of all proposed cleared areas; f. Existing and proposed contours at maximum 2-foot intervals, extending for 20 feet beyond the project edge, that provide sufficient detail to identify how grade changes will conform to the requirements of this code; g. At least two cross sections, one in each direction, showing existing and proposed contours and horizontal and vertical scales; and h. A proposed erosion and sediment control plan consistent with TIVIC Chapter 14.30 and the Surface Water Design Manual, as adopted and as may be amended from time to time. B. Materials in addition to those required in TIVIC Section 16.54.055.A may be necessary for the Director to complete the review. The following materials shall be submitted when required by the Director: 1. Higher accuracy contours and more details of existing terrain and area drainage, limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction. 2. If applicable, all drainage plans and documentation consistent with TIVIC Chapter 14.30 and the Surface Water Design Manual, as adopted and as may be amended from time to time. W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 GV:bjs Page 4 of 9 3. Studies prepared by qualified specialists, as necessary to substantiate any submitted materials and compliance with this chapter or other law, particularly if clearing or grading is proposed to take place in or adjacent to an environmentally sensitive area. C. Plans and specifications shall include permanent drainage facilities and be prepared by a civil engineer if the project is: in conjunction with the placement of a structure; or 2. located in steep slope or landslide hazard areas as defined in the Environmentally Sensitive Areas chapter of the Zoning Code (TIVIC Chapter 18.45). The Director may modify this requirement depending on the circumstances of the site or the proposed project. D. The Director shall determine the number of copies of the required plans, specifications and supporting materials necessary to perform the review and may require submittal of materials in alternative formats. E. The Director may waive specific submittal requirements if they are determined to be unnecessary for the acceptance and subsequent review of an application. Section 5. TMC Section 16.54.060 Amended. Ordinance No 2062 §1 (part), as codified at TIVIC Section 16.54.060, "Standards," is hereby amended to read as follows: A. All grading activities require erosion prevention and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, rights-of-way, water resources, and adjacent properties. Erosion and sediment controls shall be applied commensurate with the degree of risk, and as specified by the temporary erosion and sediment control measures, performance criteria, and implementation requirements of TIVIC Chapter 14.30 and the Surface Water Design Manual. B. All grading activities shall be undertaken according to the following mandatory standards: 1. All design and construction shall be performed to minimize soil disturbance, to minimize compaction where not required for structural stability, and to maximize erosion prevention and sediment control. 2. All grading activities shall be consistent with: a. The standards provided by this chapter. b. The Buildings and Construction Chapter (TMC Chapter 16.04), the Zoning Code (TIVIC Title 18,) and the International Building Code ("IBC") Appendix J. Appendix J is hereby adopted by reference, except as amended in TIVIC Sections 16.54.050, 16.54.060 and 16.54.065, and as may be amended from time to time. c. The Infrastructure Design and Construction Standards chapter (TIVIC Chapter 16.36). W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 GV:bjs Page 5 of 9 d. The Surface Water Design Manual, as adopted in accordance with TIVIC Chapter 14.30 and as may be amended from time to time. e. Policies and procedures set forth by the Director. C. Cuts and fills shall conform to the standards provided in IBC Section J106, "Excavations," and J107, "Fills," except as modified below or otherwise approved by the Director: 1. Provisions shall be made to: a. Prevent any surface water or seepage from damaging the cut face of any excavation or the sloping face of a fill. b. Address any surface water that is or might be concentrating as a result of a fill or excavation to a natural watercourse in accordance with TIVIC Chapter 14.30 and the Surface Water Design Manual. 2. Fill shall be compacted according to the following standards: a. Fill greater than 18 inches in depth shall be engineered and compacted to accommodate the proposed use in accordance with the applicable standard listed below unless a notice on title documenting the location of the fill is recorded and the fill is sufficiently stable so as not to pose a hazard, as follows: (1) Fill material at the location of a proposed building or a location not listed in subparagraphs (2) or (3) below shall be compacted in accordance with IBC Section J 107. B. (2) Fill material at the location of proposed public infrastructure, such as streets and roads, shall be compacted in accordance with the Infrastructure Design and Construction Standards (TIVIC Chapter 16.36). (3) Fill material including, but not limited to, imported soils and compost, at the location of a proposed stormwater facility or placed as part of earthwork construction of a stormwater facility, shall be compacted in accordance with the Surface Water Design Manual and TIVIC Chapter 14.30. D. Access roads to grading sites shall be: 1. Maintained and located to the satisfaction of the Director to minimize problems with dust, mud, and traffic circulation; 2. Located where the permanent access to the site is proposed in the permit application to minimize site disturbance; and 3. Controlled by a gate when required by the Director. E. Signs warning of hazardous conditions, if determined by the Director to exist on a particular site, shall be affixed at locations as required by the Director. F. Where required by the Director to protect life, limb and property, fencing shall be installed with lockable gates that must be closed and locked when no work is being W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 GV:bjs Page 6 of 9 conducted on the site. The fence shall be no less than six feet in height and the fence material shall have no opening larger than two inches. G. Rocks, dirt, mud, vegetation, topsoil, duff layer and any other materials stripped from, imported onto, used or produced on-site in the course of grading activities shall not be spilled onto, stockpiled, or otherwise left on public roadways or on any off-site property not specifically authorized as a receiving site under a valid permit. H. The duff layer and native topsoil shall be retained in an undisturbed state to the maximum extent practicable. Any duff layer or topsoil removed during grading shall be stockpiled to the maximum extent practicable on-site in a designated, controlled area not adjacent to public resources or to environmentally sensitive areas. The material shall be reapplied to other portions of the site where feasible. The soil moisture holding capacity of the soil shall be restored as follows: 1. Except as otherwise provided in TMC Section 16.54.060.1.2, areas that have been cleared and graded shall have the soil moisture-holding capacity restored to that of the original undisturbed soil native to the site to the maximum extent practicable. The soil in any area that has been compacted or that has had some or all of the duff layer or underlying topsoil removed shall be amended to mitigate for lost moisture-holding capacity. The amendment shall take place between May 1 and September 30. The topsoil layer shall be a minimum of eight inches thick, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture-holding capacity native to the site. The topsoil layer shall have an organic matter content of between 5% to 10% dry weight and a pH suitable for the proposed landscape plants. Subsoils below the topsoil layer should be scarified at least four inches with some incorporation of the upper material to avoid stratified layers. Compost used to achieve the required soil organic matter content must meet the definition of "composted materials" in WAC 173-350-220. 2. This subsection does not apply to areas that will be covered by an impervious surface at project completion, incorporated into a drainage facility or engineered as structural fill or slope. Section 6. Regulations Established. TMC Section 16.54.065, "Seasonal Limitation Period," is hereby established to read as follows: 16.54.065 Seasonal Limitation Period A. An annual period of limitation on site disturbance is established from October 1 through April 30. B. During the seasonal limitation period, grading shall only be permitted if demonstrated to the satisfaction of the Director that runoff leaving the construction site will comply with the erosion and sediment control measures, performance criteria and implementation requirements in the Surface Water Design Manual and after a review of the following: W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 GV:bjs Page 7 of 9 1. Site conditions, including, but not limited to, vegetative coverage, slope, soil type, and proximity to receiving waters; 2. Proposed limitations on activities and the extent of disturbed areas; and 3. Proposed erosion and sedimentation control measures. C. Based on the information provided under TMC Section 16.54.065.13, the Director may expand or restrict the seasonal limitation on site disturbance. The Director shall set forth in writing the basis for approval or denial of clearing or grading during the seasonal limitation period. D. During the seasonal limitation period, grading will be allowed only if there is installation and maintenance of an erosion and sedimentation control plan approved by the Director that defines any limits on clearing and grading and specific erosion and sediment control measures required during the seasonal limitation period. The department may require or approve alternate best management practices. E. If, during the course of construction activity or soil disturbance during the seasonal limitation period, silt-laden runoff violating standards in the Surface Water Design Manual leaves the construction site or if clearing and grading limits or erosion and sediment control measures shown in the approved plan are not maintained, a Violation Notice and Order shall be issued in accordance with TMC Section 8.45.050. F. If the erosion and sediment control problem defined in the Violation Notice and Order is not adequately repaired within 24 hours of issuance, then a Stop Work Order may be issued in accordance with TMC Section 8.45.070 until such time as adequate erosion and sediment control measures to stop silt-laden runoff from leaving the site are installed. The Stop Work Order may also require the property owner or authorized agent to discontinue any further clearing or grading, except for erosion and sediment control maintenance and repair, until the following May 1. G. The following activities are exempt from the seasonal limitations of this section: 1. Routine maintenance and necessary repair of erosion and sediment control facilities. 2. Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in removal of the vegetative cover to the soil. 3. Activities where there is 100% infiltration of surface water runoff within the site in approved and installed erosion and sedimentation control facilities. 4. Typical landscaping activities of existing single-family residences that do not require a permit. 5. Class 1, 11111 and IV special forest practices in accordance with Chapter 76.09 RCW. 6. Response to emergencies that threaten the public health, safety or welfare. W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 GV:bjs Page 8 of 9 Section 7. TIVIC Section 16.54.080 Amended. Ordinance No 2062 §1 (part), as codified at TIVIC Section 16.54.080, "Financial Guarantees," is hereby amended to read as follows: A. The Director may require a maintenance bond for erosion prevention and sediment control in the amount of 10% of the total project cost on projects which clear more than 6,000 square feet or contain or abut sensitive areas such as, but not limited to, Class 2 or steeper slopes, wetlands, or critical drainage. B. If the Director determines the nature of any work creates a hazard to human life or endangers public or private property or sensitive areas, the Director may require the applicant to file a Certificate of Insurance. The Director, based on the nature of the risks involved, shall determine the amount of insurance. Section 8. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 9. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 10. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force on December 31, 2016 after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this � day of � 00,e y, h-C, 2016. ATTESZ/A7UTHENTICATED- 'ok Christy O'Flarrerty, MMC, City Rachel B. Turpin, City Attorney AllaKEkberg, Mayor Filed with the City Clerk Passed by the City Cou Published: Effective Date: Q Ordinance Number:' -41 W: Word Processing\Ordinances\Low Impact Development rqmts-TMC 16.54 11-29-16 GV:bjs Page 9 of 9 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2515 -2521. On December 5, 2016 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2515: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF TUKWILA FOR THE 2017 -2018 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2516: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2274 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 14.30.030, 14.30.060 AND 14.30.100, TO UPDATE REGULATIONS REGARDING SURFACE WATER MANAGEMENT; ESTABLISHING A NEW SECTION ENTITLED "TRASH AND WASTE RECEPTACLES," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTION 14.30.110; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2517: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2062 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 16.54.010, 16.54.030, 16.54.050, 16.54.060 AND 16.54.080, RELATED TO LOW IMPACT DEVELOPMENT REQUIREMENTS; ESTABLISHING TWO NEW SECTIONS ENTITLED "PERMIT APPLICATION REQUIREMENTS" AND "SEASONAL LIMITATION PERIOD," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTIONS 16.54.055 AND 16.54.065 RESPECTIVELY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2518: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING CODE," TO IMPLEMENT LOW IMPACT DEVELOPMENT REQUIREMENTS IN THE DESIGN AND REVIEW OF SURFACE WATER DRAINAGE ON DEVELOPMENT PROJECTS; REPEALING ORDINANCE NOS. 2495, 2371, 2251 §1 (PART) AND 2056 TO ELIMINATE TMC CHAPTER 8.25, "VEHICLE STORAGE AND PARKING ON SINGLE - FAMILY RESIDENTIAL PROPERTY "; REPEALING ORDINANCE NOS. 2075 §1 (PART) AND 1758 §1 (PART), TO ELIMINATE TMC SECTION 18.06.515, "LOT COVERAGE" (DEFINITION); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2519: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2459 §1, §2, AND §8, AND ORDINANCE NO. 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 5.06.020, 5.06.040, 5.06.050 AND 5.06.140, TO UPDATE TUKWILA'S RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2520: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO REDUCE DEVELOPMENT AND LAND USE FEES FOR CERTAIN AFFORDABLE HOUSING PROJECTS, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 16.04, 16.54, AND 18.88; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2521: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS FOR A RESIDENTIAL IMPACT FEE DEFERRAL, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 9.48, 16.26 AND 16.28; AMENDING AND /OR ADDING SECTIONS IN EACH OF THE AFOREMENTIONED CHAPTERS RELATING TO EXEMPTIONS AND DEFINITIONS (AMENDING ORDINANCE NOS. 2366 §1 (PART), 2365 §1 (PART), 2305 §1 AND 2111 §1 (PART) AS DELINEATED; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: December 8, 2016