Chapter 15.18
LAND CLEARING

Sections:

15.18.010    Purpose.

15.18.020    Definitions.

15.18.030    Applicability.

15.18.040    Exemptions.

15.18.050    General requirements.

15.18.060    Performance bond.

15.18.070    Appeals.

15.18.080    Violation – Enforcement and penalty.

15.18.010 Purpose.

This chapter is adopted for the following purposes:

A. To promote the public health, safety, and general welfare of the citizens of the city;

B. To preserve and enhance the city’s physical and aesthetic character by preventing indiscriminate removal or destruction of trees and ground cover on undeveloped and partially developed property;

C. To promote land development practices that result in a minimal disturbance to the city’s vegetation and native soil structure and protect infiltration capacity;

D. To minimize surface water and ground water runoff and diversion and to prevent erosion and reduce the risk of slides;

E. To minimize the need for additional storm drainage facilities;

F. To retain clusters of trees for the abatement of noise and for wind protection;

G. To promote building and site planning practices that are consistent with the city’s natural topographical and vegetational features while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover;

H. To reduce siltation and water pollution in island waters;

I. To implement the goals and objectives of the Washington State Environmental Policy Act;

J. To implement and further the city’s comprehensive plan; and

K. It is not the intent or purpose of this chapter to prevent the reasonable development of land in the city. (Ord. 2003-16 § 1, 2003)

15.18.020 Definitions.

“Clearing” means the destruction or removal of vegetation by manual, mechanical, or chemical methods. (Ord. 2003-16 § 1, 2003)

15.18.030 Applicability.

A. No person, corporation, or other legal entity shall engage in or cause clearing in the city without having obtained a land clearing permit from the planning director or designee.

B. In the event of a conflict between the requirements of this chapter and any other requirement of the Bainbridge Island Municipal Code, the more restrictive requirement shall apply.

C. Additional permits may be required if the activities are regulated by other chapters such as, but not limited to, Chapters 15.20 BIMC, Surface and Storm Water Management, 16.20 BIMC, Critical Areas, and 16.22 BIMC, Vegetation Management. (Ord. 2003-16 § 1, 2003)

15.18.040 Exemptions.

The following shall be exempt from the provisions of this chapter:

A. Clearing of up to six significant trees, as defined in BIMC 18.15.010, in any 12-month period;

B. Clearing of up to 2,500 square feet of land in any 12-month period;

C. Clearing as part of a development where clearing limits have been set and erosion control plans approved as part of the approval for the development; provided, that land clearing in connection with such projects shall take place only after a development permit has been issued by the city and shall be in accordance with such permit;

D. The installation and maintenance of fire hydrants, water meters, and pumping stations, and street furniture by the city or utility companies or their contractors;

E. Removal of trees and ground cover in emergency situations involving immediate danger to life or property or substantial fire hazards;

F. Removal of diseased, dead or dying trees upon written verification by a qualified arborist or landscape architect or landscape contractor which states that removal of the trees is essential for the protection of life, limb, or property and which statement is filed with the director;

G. Routine gardening and landscape maintenance of existing landscaped areas on developed lots, including pruning, weeding, planting, and other activities associated with maintaining an already established landscape;

H. Agricultural management of existing farmed areas;

I. Routine maintenance activities, including tree removal, required to control vegetation on road and utility rights-of-way;

J. Forest practices regulated by the Department of Natural Resources under Chapter 76.09 RCW. (Ord. 2003-16 § 1, 2003)

15.18.050 General requirements.

A. Submittal Requirements. A complete application for a land clearing permit shall be submitted on the application form provided by the city, together with information required under Chapter 15.20 BIMC for a completed application, and including the following:

1. A plot plan on a base map provided by the applicant or by the city containing the following information:

a. Date of drawing or revision, north arrow, adjoining roadways and appropriate scales;

b. Prominent physical features of the property including, but not limited to, geological formations, critical areas and watercourses;

c. General location, type, range of size, and conditions of trees and ground cover;

d. Identification by areas, of trees and areas of ground cover that are to be removed, and information on how the trees or areas are delineated in the field;

e. Any existing improvement on the property including, but not limited to, existing cleared areas, structures, driveways, ponds, and utilities;

f. Information indicating the method of drainage and erosion control during and following the clearing operation; and

g. Information on how property lines are identified.

2. Payment of the land clearing application fee in the amount established by resolution of the city council.

B. The planning director shall grant a clearing permit application if the application meets the requirements of this chapter and all other relevant city codes, including but not limited to Chapters 15.20, 16.12, 16.20, and 16.22 BIMC.

C. Approved clearing plans shall not be amended without authorization of the planning director.

D. No work authorized by a clearing permit shall commence until a permit notice has been posted by the applicant on the subject property at a conspicuous location. The notice shall remain posted in said location until the authorized clearing has been completed.

E. Any clearing permit granted under this chapter shall expire one year from the date of issuance. Upon a showing of good cause, a clearing permit may be extended for six months by the planning director.

F. A clearing permit may be suspended or revoked by the planning director because of incorrect information supplied or any violation of the provisions of this chapter.

G. Failure to obtain forest practice application, where applicable, with the stated intent of land conversion as defined in RCW 76.09.020(4) shall be grounds for denial of any and all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of the land for a period of six years, in accordance with RCW 76.09.060(3)(b). (Ord. 2003-16 § 1, 2003)

15.18.060 Performance bond.

The planning director may require, as a condition to the granting of a permit, that the applicant furnish a performance bond to the city to secure the applicant’s obligation, after the approved land clearing has been accomplished, to complete the erosion control on the property in accordance with the conditions of the permit. The bond shall be in an amount equal to the estimated cost of erosion control and clean up and with surety and conditions satisfactory to the planning director. (Ord. 2003-16 § 1, 2003)

15.18.070 Appeals.

Appeals of the planning director’s decision on a land clearing permit application shall be in accordance with the administrative decision procedures established in Chapter 2.16 BIMC. (Ord. 2003-16 § 1, 2003)

15.18.080 Violation – Enforcement and penalty.

A. A violation of or failure to comply with any provision of this chapter shall be a misdemeanor punishable, upon conviction, as provided in BIMC 1.24.010.A.

B. In addition to any other sanction or remedy that may be available, a violation of or failure to comply with any provision of this chapter shall be a civil infraction and shall be subject to enforcement and civil penalties as provided in Chapter 1.26 BIMC. (Ord. 2003-16 § 1, 2003)