Chapter 8.56
LAND CLEARING
Sections:
8.56.010 Short title.
8.56.020 Definitions.
8.56.030 Purpose of provisions.
8.56.040 Permits – Requirement.
8.56.050 Exemptions.
8.56.060 Application – Contents – Procedure.
8.56.070 Application – Consideration.
8.56.080 Permit – Term.
8.56.090 Permit notice – Posting required prior to commencing work.
8.56.095 Stop work order.
8.56.100 Bond – Requirement.
8.56.110 Appeals.
8.56.120 Violation – Penalties.
8.56.130 Violation – Declared nuisance.
8.56.010 Short title.
The ordinance codified in this title shall be known and may be cited as the land clearing ordinance of the city. (Ord. 794 § 1, 1976).
8.56.020 Definitions.
As used in this chapter, the following definitions apply:
A. “Ground cover” means small plants such as salal, ivy, ferns, mosses, grasses or other types of vegetation which normally cover the ground.
B. “Land clearing” means the act of removing or destroying trees or ground cover from any undeveloped or partially developed lot, public lands, or public right-of-way greater than one acre in area.
C. “Lot, partially developed” means a lot or parcel of land of greater than one acre upon which a single-family dwelling is located and which is of sufficient area so as to be capable of subdivision in accordance with the subdivision ordinances codified in BMC Title 15.
D. “Lot, undeveloped” means a lot or parcel of land upon which no single-family dwelling exists.
E. “Official, responsible” means the city manager or his designated representative.
F. “Tree” means any living woody plant characterized by one main stem or trunk and many branches, and having a diameter of eight inches or more measured at 24 inches above the ground level. (Ord. 794 § 3, 1976).
8.56.030 Purpose of provisions.
These regulations are adopted for the following purposes, and the responsible official shall consider such purposes as criteria or standards for the issuance of land clearing permits under BMC 8.56.040:
A. To promote the public health, safety, and general welfare of the citizens of Bothell;
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, and to significantly retain the effect of the wooded slopes and the existing tree top line as seen from the valley floors;
C. To promote building-planning 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;
D. To minimize surface water and groundwater runoff and diversion, to reduce siltation of streams and to deter erosion due to removal of trees and ground cover and to 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 wind protection;
G. To minimize devaluation of property values due to unnecessary destruction of trees and ground cover;
H. To insure prompt development, restoration and replanting and effective erosion control of property after land clearing;
I. To implement the goals and objectives of the Washington State Environmental Policy Act;
J. It is not the intent or purpose of this chapter to prevent the reasonable development of land in Bothell in accordance with the city’s comprehensive plan. (Ord. 794 § 2, 1976).
8.56.040 Permits – Requirement.
No person, corporation, or other legal entity shall engage in or cause land clearing in the city without having obtained a land clearing permit from the responsible official, subject, however, to the provisions of BMC 8.56.050(F). (Ord. 794 § 4, 1976).
8.56.050 Exemptions.
The following shall be exempt from the provisions of this chapter:
A. The installation and maintenance of fire hydrants, water meters, and pumping stations, and street furniture, by the city or its contractors;
B. Removal of trees and ground cover in emergency situations involving immediate danger to life or property or substantial fire hazards;
C. Removal of dead or diseased trees or ground cover;
D. Removal of trees or ground cover on partially developed lots of greater than one acre for purposes of general property and utility maintenance, landscaping or maintenance. This exemption shall not apply to any land clearing which includes the use of a bulldozer or similar mechanical earth-moving equipment, neither shall it be construed to eliminate the requirement of permits being obtained before land clearing for the purpose of developing the property with substantial permanent improvements such as roads, driveways, utilities or buildings;
E. Removal of trees as part of the normal maintenance within the Tolt River pipeline right-of-way and the river protection easement along the Sammamish River;
F. No separate permit shall be required under this chapter if an application has been filed for a grading permit, for the approval of a subdivision, or for the approval of a planned unit development so long as no alteration of the site is made pending the consideration by the city of such applications. The purposes and standards set forth in this chapter shall apply to said pending applications. (Ord. 794 § 5, 1976).
8.56.060 Application – Contents – Procedure.
An application for a land clearing permit shall be submitted on a form provided by the city and shall be accompanied by a map or plot plan of the property and the required fee.
A. The map or plot plan shall be of a scale determined to be adequate by the responsible official and shall include: date, north arrow, scale, contours, location of proposed improvements, location, type, size, and condition of existing trees, general location of ground cover, identification of trees and ground cover to be removed.
B. If excavated material is to be wasted off-site, an indication of the location and the route to the disposal site is to be given.
C. A permit fee of $20.00 plus cost of publication and notification fees shall be paid before the land clearing permit or grading permit is issued. In addition, the applicant shall pay to the city the sum required to cover its administrative costs in reviewing the application for permit and in inspecting the site to determine compliance therewith to the extent such costs exceed $20.00.
D. The provisions of the Washington State Environmental Policy Act of 1971, and Bothell resolutions and/or ordinances and applicable regulations promulgated pursuant to SEPA shall be observed.
E. The provisions of Chapter 70, Excavation and Grading, of the Uniform Building Code shall be observed.
F. The procedure for obtaining a permit under this chapter is a parallel procedure for application for permits under other pertinent city regulations and is to be read in conjunction with them. (Ord. 794 § 6.1, 1976).
8.56.070 Application – Consideration.
The responsible official shall complete his review and make his decision within 20 days from the date a complete application is submitted, unless an extension is authorized by the city council, and further subject to additional time requirements deemed by the responsible official to be necessary to comply with the State Environmental Policy Act. (Ord. 794 § 6.2, 1976).
8.56.080 Permit – Term.
Any permit granted under this chapter shall expire one year from the date of issuance. Upon a showing of good cause, a permit may be extended for six months. Approved plans shall not be amended without authorization of the responsible official. The permit may be suspended or revoked by the responsible official because of incorrect information supplied, or any violation of the provisions of this chapter. (Ord. 794 § 6.3, 1976).
8.56.090 Permit notice – Posting required prior to commencing work.
No work shall commence until 10 days after a permit notice has been posted on the subject site at a conspicuous location. The notice shall remain posted until the project has been completed. (Ord. 794 § 6.4, 1976).
8.56.095 Stop work order.
In the event any person, firm or corporation violates any of the provisions of this chapter, the director of community development, or his designee, may cause a notice of violation to be delivered to a person of suitable age at the job site and order all work to cease until authorized to proceed. Failure to comply with the order to stop work shall be a separate offense punishable upon conviction by a fine of up to $500.00 or 90 days in jail, or both such fine and jail for each and every day the order is disobeyed. (Ord. 977 § 1, 1980).
8.56.100 Bond – Requirement.
The responsible official 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 restoration and replanting of the property in accordance with the terms of his permit and within the term thereof. The bond shall be in an amount equal to the estimated cost of such restoration and replanting and with surety and conditions satisfactory to the responsible official. (Ord. 794 § 7, 1976).
8.56.110 Appeals.
Any person or persons aggrieved by any action of the responsible official under this chapter may, within 10 days of such action, file a notice of appeal with the city council setting forth the reasons for such an appeal. The city council shall hear and determine the matter and may affirm, modify, or disaffirm the administrative decision within 45 days of the filing of notice of appeal. No work shall be done during the appeal process. (Ord. 794 § 8, 1976).
8.56.120 Violation – Penalties.
A violation of any of the provisions of this chapter shall be a misdemeanor, and any person found guilty thereof shall be punished by a fine not to exceed $500.00. It shall be a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. (Ord. 794 § 9, 1976).
8.56.130 Violation – Declared nuisance.
Any violation of the provisions of this chapter is a public nuisance and may be abated through proceedings for injunctive or similar relief in superior court or other court of competent jurisdiction. (Ord. 794 § 10, 1976).