Chapter 15.74
LAND CLEARING, FILLING AND GRADING

Sections:

15.74.010    Intent.

15.74.020    Scope.

15.74.030    Definitions.

15.74.040    Permit.

15.74.050    Exemptions.

15.74.060    Repealed.

15.74.010 Intent.

The intent of this chapter is to regulate all land disturbing activities on all properties, and ensure reasonable mitigation is provided as necessary to:

A. Prevent creation of public nuisance situations, promote the public health, safety and general welfare of the citizens of Auburn;

B. Preserve, maintain and enhance the city’s physical and aesthetic character by controlling the removal of significant trees and ground cover on undeveloped and underdeveloped properties;

C. Encourage building and site planning practices that are consistent with the city’s natural topographical and vegetation features in a manner which provides for the reasonable development and enjoyment, to include preservation and enhancement of views, of the property;

D. Preserve the city of Auburn’s water courses and drainage patterns; minimize surface and ground water quality degradation; control sedimentation in creeks, streams, rivers, ponds, lakes, wetlands, and other surface water resources;

E. Protect adjacent and downstream properties from the impacts associated with changes to the property being disturbed;

F. Ensure the safety and stability of public facilities;

G. Preclude the disturbance or removal of vegetation in advance of the city’s evaluation of a development proposal;

H. Implement the policies of the city’s comprehensive plan. (Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4775 § 1, 1995; Ord. 4266 § 1, 1988.)

15.74.020 Scope.

This chapter shall regulate all land disturbing activities and the removal of trees, shrubs, and/or ground cover. Land disturbing activities proposed within critical areas and/or land subject to shoreline management jurisdiction shall be subject to Chapters 16.10 and 16.08 ACC, respectively, and the procedural requirements of this chapter. (Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)

15.74.030 Definitions.

For the purpose of this chapter, the following words shall have the following meanings:

A. “Accelerated erosion” means any increase over the rate of natural erosion as a result of a land disturbing activity.

B. “Clearing” means any activity which removes or seriously damages ground cover, shrubs, and/or trees including but not limited to root mat removal and/or topsoil removal by mechanical and/or chemical means and which exposes the earth’s surface.

C. “Filling” means 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 stockpiling of fill material).

D. “Grading” means any excavating, filling, clearing, or re-contouring of the ground surface or combination thereof.

E. “Ground cover” means small plants such as salal, ferns, mosses, grasses or other types of vegetation which normally cover the ground, including trees less than six inches in diameter measured at 24 inches above ground level, which renders the surface of the soil stable against accelerated erosion.

F. “Impervious surface” means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. A hard surface area which causes water to run off in greater quantities or at an increased rate of flow from the flow under natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots, storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purpose of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

G. “Land disturbing activity” means any activity that results in movement of earth, or a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered land disturbing activity. Vegetation maintenance practices are not considered land disturbing activity.

H. “Permanent structure” means any buildings which are immovable including homes, garages, barns, storage buildings, or a driveway not wider than 20 feet which is the exclusive route of ingress and egress to an immovable garage or carport.

I. “Pre-loading” means the placement of material with the intent to surcharge and compress subsurface soils for a limited amount of time.

J. “Sedimentation” means the process by which solid particulate matter is transported by water off the site of the land disturbing activity and settles onto land or the bed of a creek, stream, river, wetland, pond, lake, or other water body.

K. “Stockpiling” means the placement of material with the intent to remove at a later time.

L. “Tree” means any self-supporting perennial woody plant characterized by natural growth of one main stem or trunk with a definite crown, and maturing at a height of at least six feet above the ground.

M. “Shrubs” means any living terrestrial plant or vegetation other than a tree or ground cover on land.

N. “Significant tree” means a healthy evergreen tree, six inches or more in diameter measured four feet above grade, or a healthy deciduous tree four inches or more in diameter measured four feet above grade.

O. “Underdeveloped property” means any parcel which under the city’s zoning code may be further subdivided to allow further development, or is not already developed to the fullest zoning potential.

P. “Undeveloped property” means any parcel which has not been altered from its natural state by grading or filling or by construction of private structures or public infrastructure that allows further development. (Ord. 6283 § 13, 2009; Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)

15.74.040 Permit.

A. Application. Any owner or authorized agent who intends to clear, fill, or grade any property within the city, except those specifically exempted in ACC 15.74.050, shall first make an application to the city and obtain the required permit for the work. Applications shall be prepared by a licensed professional civil engineer and shall conform to the city’s design standards per Chapter 12.04 ACC. The city engineer shall have the authority to accept an application not prepared by a licensed professional engineer if the city engineer determines the scope of the project is such that a detailed set of plans is not required. An application for a clearing, filling, and grading permit shall be applied for and, where possible, processed concurrently with any other necessary permits or approvals. In addition, the city engineer may require off-site improvements prior to issuing any grading, filling or clearing permits when such improvements are required to mitigate the impacts of the proposed improvements.

B. Approval. The city engineer shall have the authority to approve, modify, approve with conditions, or deny the permit in accordance with the intended purposes of ACC 15.74.010. The city engineer shall also have the authority to determine the time frame when the land disturbing activity shall commence, when the project is to be completed, designated haul routes, seasonal and weather restrictions, and hours of operation.

C. Performance Guarantee. When the city engineer determines that steps must be taken to protect other property or the public right-of-way, then the applicant shall provide the city an assignment of funds or an irrevocable letter of credit or other similar security satisfactory to the city engineer, to ensure land disturbing activities are constructed and maintained in conformance with the approved construction drawings, standards, and any environmental requirements and that the impacts of the activities, including hauling impacts, are mitigated. The amount and duration of the financial guarantee will be determined by the city engineer, when required, and it shall be no less than $2,000 per acre. The financial guarantee shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform work to mitigate and/or control impacts from such land disturbing activities utilizing the above-described satisfactory security. The agreement shall also hold the city harmless from all claims and expenses, including attorneys’ fees.

D. Fees. Fees shall be assessed in accordance with the city’s fee schedule.

E. Term. Work on grading, filling, or land clearing permits must begin within 180 days from the date of issuance of the permit. If work has not begun prior to this date, the permit shall expire and a new permit will be required prior to commencing any grading, filling, or clearing activities, and will be subject to city standards in effect at the time of the new permit. A six-month period of inactivity on the grading, filling or clearing work shall constitute expiration of the permit and a new permit will be required prior to recommencing grading, filling or clearing activities and will be subject to city standards in effect at the time of the new permit unless the applicant can demonstrate justification for the delay to the satisfaction of the city engineer. Work to maintain winterization requirements shall not be considered inactivity.

F. Inspection. Construction or work for which a permit is required shall be subject to inspection by the city engineer, or his/her designee, and such construction or work shall remain accessible for inspection purposes until approved by the city engineer or his/her designee.

G. Revocation of Permits. Failure of the property owner and/or permittee to comply with any or all of the provisions of this chapter or any or all provisions of a land clearing, filling, or grading permit may cause the city engineer to revoke the permit. If the permit is revoked, all operations shall cease until such time that the noncompliance is corrected.

H. Where applicable, the property owner is responsible for obtaining the appropriate permits from the city when the public right-of-way is used to clear, stockpile, or load products and/or debris resulting from any land disturbing activity.

I. Penalties. Any violation of the requirements of this chapter or the conditions of a land clearing, filling, and grading permit shall be enforced pursuant to the provisions of Chapter 1.25 ACC; provided, that the penalty for such violation shall be $500.00, and each day, location and/or incident shall constitute a separate civil infraction. Additionally, each violator (each individual participating in a violation) shall constitute separate violations; provided, that if a violation involves more than 30,000 cubic yards of grading or fill work or more than 15 acres of land clearing, it shall constitute a misdemeanor punishable by up to a $1,000 fine or up to 90 days in jail or both.

Any person who clears or disturbs property without first securing a permit pursuant to this chapter shall be subject to the penalties of this section and may be required to restore the site to the satisfaction of the city engineer. In addition all activity on the property shall cease until such time that a permit has been issued and there shall be no issuance of any other permit or approval until such time that a land clearing or filling and grading permit has been approved.

J. Appeals. Any person aggrieved by the decision of the city engineer may, within 10 business days of the city engineer’s written decision, appeal the decision to the hearing examiner who shall conduct a public hearing pursuant to ACC 18.70.040. (Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)

15.74.050 Exemptions.

The following are exempt from the requirements of this chapter:

A. Removal of dead or diseased trees, shrubs, or ground cover.

B. Clearing and grading associated with continuous agricultural uses, excluding timber cutting not otherwise exempted.

C. Clearing and grading not to exceed 6,999 square feet of area within individual lots, for the purpose of the construction of a single-family home or duplex, provided a building permit has been issued by the city prior to commencing the clearing and grading activities and construction of the structure starts within 90 days of commencing clearing and grading activities.

D. The removal of up to six trees per lot within any 12-month period, or for lots greater than one acre, up to six trees per acre within any 12-month period, with fractional acres of one-half acre or more considered to be a whole acre.

E. Clearing and grading for the construction and maintenance of public facilities as approved by the city engineer to include water, sanitary sewer, streets, highways, storm drainage and related facilities.

F. Removal of trees, shrubs, and ground cover in emergency situations involving immediate danger to life or property.

G. Routine landscape maintenance and minor repair.

H. Removal of trees and vegetation consistent with an approved surface mining permit.

I. Removal of a tree from property zoned residential that endangers a permanent structure by being closer to the structure than the distance from the base of the tree to its top, regardless of whether the tree is located on the same property as the structure.

J. Upon approval of the city engineer or his/her designee, excavations of less than five feet in vertical depth and/or fills less than eight inches of vertical depth on any portion of a site and involving the deposit or displacement of not more than a total of 500 cubic yards of material during any 24-month period.

K. Upon approval of the city engineer or his/her designee, the temporary stockpiling of less than 500 cubic yards, combined, of topsoils, crushed rock, sawdust, mulch, bark, chips, or similar materials on a lot, tract, or parcel of land for a period not to exceed 12 months; provided, that the stockpile has adequate coverage to prevent erosion.

L. Upon approval of the city engineer or his/her designee, the broadcasting of less than 500 cubic yards of topsoil, peat, sawdust, mulch, bark, chips, or solid nutrients used for landscaping or soil conditioning on a lot, tract or parcel of land during any 24-month period, provided the finished depth does not increase the grade from the existing grade by more than eight inches.

M. Upon approval of the city engineer or his/her designee, the temporary stockpiling of organic or inorganic materials used in an approved construction project, provided the use, location, duration, and extent of the stockpile was disclosed through the environmental or development review process. In no case shall a temporary stockpile remain beyond a 24-month period.

N. The creation of impervious surfaces which have a surface area less than 2,000 square feet.

O. Emergency temporary sandbagging, diking, ditching, filling or similar work during or after periods of extreme weather conditions when done to protect life or property, provided such measures do not adversely impact adjacent properties or public facilities.

An exemption from clearing, filling, and grading permit requirements does not exempt a property owner from the policies, criteria, and standards contained in this chapter or other applicable local, state, or federal regulations or permit requirements.

The property owner is responsible to ensure that clearing of any trees that are within striking distance of a structure or have the potential to cause damage to others is performed by a licensed and bonded contractor. (Ord. 6283 § 14, 2009; Ord. 6146 § 1, 2007; Ord. 4861 § 1, 1996; Ord. 4266 § 1, 1988.)

15.74.060 Administrative provisions.

Repealed by Ord. 6146. (Ord. 4861 § 1, 1996; Ord. 4502 § 21, 1991; Ord. 4266 § 1, 1988.)