HomeMy WebLinkAboutOrd 2062 - Land Altering and GradingCity of'Tukwila
Washington
Cover page to Ordinance 2062
The full text of the ordinance follows this cover page.
AN ORDINAM ' . 'EOFTHE CITY COUNCIL ()F'r.uu;, CITY OF TUKWILA,
WAS11ING'.1'ON, I�SI'AIILISIIING LAND A'[.:]'.']7.RIN(,,,./(,;RADIN(;
RUXLATIONS WIT14IN THE ( '1
ITY; RUTEALING ORDINANCE NOS
1591; 1770 §12, '13, 14 AN L) 15, AND 1838 §15; PROVIDING FOR,
SEVERABILT.FY, ANI) ESTABLISHINGAN 1..")`FE(. TIVE L)ATL
Ordinance 2062 was ' amended or repealed by the
following ordinances.
Sectio7h(s) Ame7nded, mended, by Ord 9 tec-fi6h(s7)R7ejpeAIed, Ik7epealed, by Ord#
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§1 (part) 2517
City of Tukwila
Washington
Ordinance No. 2, 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING LAND ALTERING /GRADING
REGULATIONS WITHIN THE CITY; REPEALING ORDINANCE NOS.
1591; 1770 §12, 13, 14 AND 15; AND 1838 §15; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has obligations to protect surface water under the
Clean Water Act and the municipal storm water discharge permit issued by the State of
Washington under the federal National Pollutant Discharge Elimination System
Phase II program; and
WHEREAS, the City of Tukwila has obligations to regulate grading activities to
prevent erosion and to control sedimentation in order to protect surface waters,
sensitive areas, and public and private property; and
WHEREAS, the City Council desires that its grading requirements be in agreement
with the International Building Code, adopted by Tukwila's City Council on June 21,
2004; and
WHEREAS, an addendum to the SEPA for the Comprehensive Land Use Plan
includes this land altering /grading ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Regulations Established. New grading provisions, to be codified at
Tukwila Municipal Code Chapter 16.54, are hereby established to read as follows:
16.54.010 Purpose
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Chapter 16.54
GRADING
16.54.010 Purpose
16.54.020 Authority
16.54.030 Definitions
16.54.040 Applicability
16.54.050 Permit
16.54.060 Standards
16.54.070 Supplemental Information
16.54.080 Financial Guarantees
16.54.090 Exceptions
16.54.100 Penalties
16.54.120 Appeals
The provisions of TMC Chapter 16.54 shall be liberally construed to accomplish the
following purposes:
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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 permit grading activities.
5. Provide for approval and inspection of grading activities.
16.54.020 Authority
A. The Public Works Director shall administer TMC Chapter 16.54. The Director's
authority includes the establishment of regulations and procedures, approval of permits
and exceptions, inspection of work, and enforcement and implementation of measures
necessary to carry out the intent of TMC Chapter 16.54.
B. The Public Works Director may initiate all required actions to prevent or stop
acts or intended acts which the Director determines to constitute a hazard to life or
safety, or endanger property, or adversely affect the safety, use or stability of a public or
private property or a sensitive area or its buffer.
C. If the Director determines that a person is engaged in grading activities that do
not comply with City code or with approved permit plans and /or other permit
conditions, the Director may implement any or all of the following enforcement actions:
1. Suspend or revoke without written notice any grading activity, when the
Director determines that activity poses an immediate danger to life, safety or property.
2. Serve a written notice of violation upon that person by registered or
certified mail or personal service. The notice shall set forth the measures necessary to
achieve compliance, specify the time to commence and complete corrections, and
indicate the consequences for failure to correct the violation.
3. Suspend or revoke any City approval for grading activities after written
notice is given to the Applicant for any of the following reasons:
(a) Any violation(s) of the permit or the permit conditions;
(b) Construction not in accordance with the approved plans; or
(c) Non compliance with correction notice(s) or "Stop Work Order(s)"
issued for the construction of temporary or permanent storm water management
facilities.
4. Post a "Stop Work Order" at the site, directing that all grading activities
cease immediately. The "Stop Work Order" may include any discretionary conditions
and standards adopted in TMC Chapter 16.54 that must be fulfilled before any work
may continue.
16.54.030 Definitions
As used in TMC Chapter 16.54, the terms shall be defined as follows:
1. "Applicant" means any person who has applied for a grading permit.
2. "Buffer" means the area contiguous to a sensitive area that is required for
the continued maintenance, function and structural stability of the sensitive area as
defined in the sensitive areas overlay.
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3. "Director" means the Public Works Director or his /her designee, including
the City Engineer and Public Works inspectors.
4. "Erosion" means the wearing away of land surface by the action of wind,
water, gravity, or any combination thereof.
5. "Excavation" means the digging or removal of earth material.
6. "Fill" means a deposit of material placed by artificial means.
7. "Geotechnical engineering" means the application of soil mechanics in the
investigation, evaluation, and design of civil works involving the use of earth materials
and the inspection or testing of the construction thereof.
8. "Grading" means any activity that results in change of the cover or
topography, or any activity that may cause erosion, including clearing, excavation,
filling, grading and stockpiling.
9. "Sensitive area" means wetlands, watercourses, areas of potential geologic
instability, abandoned coal mines, and fish and wildlife habitat areas, per the City's
Sensitive Areas Ordinance.
10. "Site" means any legally defined section of real property, whose
boundaries are recorded with the King County Assessor's office for the purposes of
assessing taxes.
16.54.040 Applicability
A. TMC Chapter 16.54 applies to all grading activities within the City limits.
B. Flood zone grading, excavation and earthwork construction, including fills and
embankments, shall comply with the requirements of TMC Chapter 16.52.
C. City departments shall comply with all the requirements of TMC Chapter
16.54, except that they are not required to obtain permits and approvals from the City
for work performed in the public right -of -way, nor for operation and maintenance
activities by the Department of Parks and Recreation.
16.54.050 Permit
A. A permit is required for all grading activities occurring within the City limits,
except the following:
1. Excavation for construction of a structure permitted under the
International Building Code.
Grading 9/30/04
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.
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B. Applications for permits pursuant to TMC Chapter 16.54 shall be submitted to
the City in the format and manner specified by the Director.
C. An approved grading permit applies to one site. A separate permit shall be
obtained for each site.
D. The City shall collect a nonrefundable permit fee, the amount set by resolution
of the City Council.
16.54.060 Standards
A. All grading activities require erosion prevention and sediment control
commensurate with the degree of risk, as determined by the Director.
B. All grading activities shall be undertaken according to the following
mandatory standards:
1. All design and construction shall be performed to minimize soil
disturbance and to maximize erosion prevention and sediment control.
2. All grading activities shall be consistent with:
a. The International Building Code, Chapter 18 and Appendix J.
Appendix J is hereby adopted by reference, except as amended in TMC 16.54.050, and
as may be amended from time to time.
b. The Public Works Department's Development Guidelines and Design
and Construction Standards.
c. The King County Surface Water Design Manual, Appendix D, and as
may be amended from time to time.
d. Tukwila Municipal Code Chapter 18.45, "Sensitive Areas."
e. Policies and procedures set forth by the Director.
16.54.070 Supplemental Information
A. The Director may require supplemental studies, inspections, or testing by an
approved testing agency to be performed at the owner's expense.
B. The Director may require a Hold Harmless Agreement for activities in or near a
sensitive area, or for a deviation from standards set forth in TMC 16.54.060.
16.54.080 Financial Guarantees
A. The Director may require a bond for erosion prevention and sediment control
in the amount of 10% of the total project cost on projects which clear more than 6,000
square feet or contain or abut sensitive areas such as, but not limited to, Class 2 or
steeper slopes, wetlands, or critical drainage.
B. If the Director determines the nature of any work creates a hazard to human
life, endangers public or private property or sensitive areas, the Director may require
the applicant to file a Certificate of Insurance. The Director, based on the nature of the
risks involved, shall determine the amount of insurance.
16.54.090 Exceptions
The Director may grant a written variance from any requirements of TMC Chapter
16.54 if there are exceptional circumstances applicable to the site such that strict
adherence to these provisions will not fulfill the intent of TMC Chapter 16.54.
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16.54.100 Penalties
A. Any violation of any provision, or failure to comply with any of the
requirements of TMC Chapter 16.54, shall be subject to the terms and conditions of
TMC Chapter 8.45, "Enforcement
B. The City Attorney shall bring injunctive, declaratory, or other actions as
necessary to ensure compliance with TMC Chapter 16.54. Any person failing to comply
with TMC Chapter 16.54 shall be subject to a civil penalty not to exceed $1,000 for each
violation. Each violation or each day of noncompliance constitutes a separate violation.
C. A notice in writing shall impose the penalty provided for in TMC Chapter 16.54
by certified mail, either with return receipt requested or by personal service, to the
person incurring the notice. The notice shall describe the violation with reasonable
particularity, and order the act or acts constituting the violation or violations to cease
and desist or, in appropriate cases, require necessary corrective action within a specific
and reasonable time.
D. A schedule of penalty fees pursuant to TMC Chapter 16.54 is subject to review
by the Tukwila City Council.
16.54.120 Appeals
A decision of the Director made in accordance with TMC Chapter 16.54 shall be
considered determinative and final. Any appeal must be filed in King County Superior
Court within 30 days of the date of issuance of the final determination.
Section 2. Repealer. Ordinance Numbers 1591; 1770 §12, 13, 14 and 15; and 1838
§15 are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCI THE CITY OF T KWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST/ AUTHENTICATED:
E. Cantu, CMC, City Clerk
Grading 9/30/04
Steven M. Mullet, Mayor
Filed with the City Clerk: q 04.
Passed by the City Council: I O. 04. C4
Published: f O a. O�
Effective Date: 1 j 3. CI -1-
Ordinance Number: 20162
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SUMMARY OF ORDINANCE
No. 2062
City of Tukwila, Washington
On October 4, 2004, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2062 the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington,
establishing land altering /grading regulations within the City; repealing Ordinance Nos.
1591; 1770; §12, 13, 14 and 15; and 1838 §15; providing for severability; and
establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of October 4, 2004.
kal
J.a}e E. Cantu, CMC, City Clerk
Published Seattle Times: October 8, 2004