Chapter 17.94
LAND CLEARING
Sections:
17.94.010 Short title.
17.94.020 Purposes and permit criteria.
17.94.040 Permits.
17.94.050 Exemptions.
17.94.060 Requirements for a complete application.
17.94.070 Performance bond.
17.94.075 Appeals.
17.94.080 Violation – Penalty.
17.94.010 Short title.
This chapter shall be known and may be cited as the “land clearing code” of the city. (Ord. 709 § 1, 1996; Ord. 334 § 1, 1980. Formerly 16.44.010).
17.94.020 Purposes and permit criteria.
These regulations are adopted for the following purposes and the planning director shall consider such purposes as criteria or standards for the issuance of land clearing permits under GHMC 17.94.040:
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 soils;
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 the harbor;
I. To implement the goals and objectives of the Washington State Environmental Policy Act;
J. To implement and further the city’s comprehensive plan;
K. It is not the intent or purpose of this chapter to prevent the reasonable development of land in the city. (Ord. 709 § 1, 1996; Ord. 334 § 2, 1980. Formerly 16.44.020).
17.94.040 Permits.
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 planning director. (Ord. 709 § 1, 1996; Ord. 334 § 4, 1980. Formerly 16.44.040).
17.94.050 Exemptions.
The following shall be exempt from the provisions of this chapter:
A. Type III project permit applications as defined in GHMC Title 19, as now or hereafter amended; provided, that land clearing on such projects shall take place only after approval by the city and shall be in accordance with such approval;
B. The installation and maintenance of fire hydrants, water meters, and pumping stations, and street furniture by the city or its contractors;
C. Removal of trees and ground cover in emergency situations involving immediate danger to life or property or substantial fire hazards;
D. 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 code official;
E. Selective cutting or removal of trees or ground covers for purposes of general property and utility maintenance, landscaping or gardening; provided, that this exemption shall not apply to any land clearing which eliminates both trees and ground cover from 25 percent of the area of a lot or parcel of land; provided further, that said exemption shall not apply to cutting or removal which includes the use of a bulldozer, skidder, backhoe, or similar mechanical equipment for the purpose of cutting or removing of standing timber and the stacking or loading of trees or timber. This shall not be construed to eliminate the requirement of permits for land clearing for the purpose of developing the property with substantial permanent improvements such as roads, parking, driveways, utilities, or buildings. (Ord. 752 § 6, 1997; Ord. 709 § 1, 1996; Ord. 334 § 5, 1980. Formerly 16.44.050).
17.94.060 Requirements for a complete application.
Land clearing permits are a Type I permit application. A complete application for a land clearing permit shall be submitted on the application form provided by the city, together with information
required under GHMC Title 19 for a completed application, and including the following:
A. A plot plan containing the following information:
1. Date, north arrow and adequate scales as determined by the planning director;
2. Prominent physical features of the property including, but not limited to, topography and watercourses;
3. General location, type, range of size, and condition of trees and ground cover;
4. Identification by areas of trees and ground cover which are to be removed;
5. Any existing improvements on the property including, but not limited to: structures, driveways, ponds, and utilities;
6. Information indicating the method of drainage and erosion control, and restoration of land during and following the clearing operation.
B. Any permit granted hereunder shall expire one year from the date of issuance. Upon a showing of good cause, a permit may be extended for six months by the planning director. Approved plans shall not be amended without authorization of the planning director. The permit may be suspended or revoked by the planning director because of incorrect information supplied or any violation of the provisions of this chapter.
C. No work shall commence until a permit notice has been posted by the applicant on the subject site at a conspicuous location. The notice shall remain posted in said location until the project has been completed.
D. Failure to obtain a 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. 709 § 1, 1996; Ord. 334 § 6, 1980. Formerly 16.44.060).
17.94.070 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 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 planning director. (Ord. 709 § 1, 1996; Ord. 334 § 7, 1980. Formerly 16.44.070).
17.94.075 Appeals.
Appeals shall be in accordance with the administrative procedures established in GHMC Title 19. (Ord. 709 § 1, 1996; Ord. 334 § 8, 1980. Formerly 16.44.080).
17.94.080 Violation – Penalty.
Violations of this chapter shall be subject to the enforcement procedures and penalties established in Chapter 17.07 GHMC. (Ord. 709 § 1, 1996; Ord. 588 § 4, 1990; Ord. 460 § 11, 1985; Ord. 334 § 9, 1980. Formerly 16.44.090).