Chapter 19.10 CLEARING, GRADING, FILLING, AND DRAINAGE

1. To promote, protect, and preserve the public interest by establishing standards for and regulating land alteration, particularly the clearing, grading, filling, and/or drainage of land in the city without preventing the reasonable use of land;

2. To regulate land-disturbing activity for control of erosion, sedimentation, stormwater runoff, water pollution, vegetation removal, and landslide in order to minimize damage to public and private property;

3. To complement Chapter 14.12 NBMC in the management of areas of special flood hazard;

4. To promote building and site planning practices that are consistent with the city’s natural topography, soils, and vegetation features;

5. To minimize hazards to life, health, and property;

6. To require that development of environmentally sensitive lands be accomplished in a manner which protects those areas from damage or degradation and which promotes the health, safety, and welfare of the public;

7. To implement the goals and objectives and policies of the city’s comprehensive plan and the Washington State Environmental Policy Act, the Growth Management Act, and the city ordinances adopted pursuant to these state statutes;

8. To preserve and protect cultural, historical and anthropological artifacts from destruction when discovered on property within North Bend;

9. To minimize indiscriminate removal or destruction of trees, shrubs and ground cover; and

10. To show that trees and other vegetation are important elements of the physical environment. They are integral to North Bend community character and protect public health, safety and general welfare. Protecting, enhancing, and maintaining healthy trees and vegetation are key community values. The many benefits of healthy non-invasive trees and vegetation contribute to North Bend’s quality of life by:

a. Encouraging good development practices that minimize the adverse impacts of land-disturbing activities and impervious surfaces such as runoff, soil erosion, land instability, sedimentation and pollution of waterways, thus reducing the public and private costs for stormwater control/treatment and utility maintenance;

b. Improving the air quality by absorbing air pollutants, assimilating carbon dioxide and generating oxygen;

c. Reducing the effects of excessive noise pollution;

d. Providing cost-effective protection from severe weather conditions with cooling effects in the summer months and insulating effects in winter;

e. Providing visual relief and screening buffers;

f. Providing recreational benefits;

g. Providing habitat, cover, food supply and corridors for a diversity of fish and wildlife; and

h. Providing economic benefit by enhancing local property values and contributing to the region’s natural beauty, aesthetic character, and livability of the community.

B. Notwithstanding the above-stated purposes, nothing in this chapter is intended to or shall be deemed to create a duty of the city to protect or promote the interests of any particular person or class of persons. Further, the existence of these regulations or any failure, refusal, or omission of the city to enforce any provision in this chapter is not intended to prevent, supplant, or affect the right of any person affected by the clearing, grading, filling, and/or drainage operations of another to invoke such private remedies as may be available against such other persons. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 1, 1993).

19.10.020 Definitions.

For the purposes of this chapter, the following definitions describe the meaning of the terms used:

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

2. “Approval” means approval by the city engineer or CED director.

3. “Brushing” means the practice of removing ground cover to create better visibility on a property for purposes such as marketing or surveying of said property, controlling fires, preserving existing open space, and eliminating noxious weeds and other nuisance vegetation.

4. “Buffer zone” means a parcel or strip of land that is required to permanently remain in an undisturbed and untouched condition and within which no building, clearing, grading, or filling is permitted, except for minor maintenance necessary to protect life and property.

5. “Caliper” means the American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six inches above the ground for up to and including four-inch caliper size and 12 inches above the ground for larger sizes.

6. “Clearing” means the destruction or removal of trees, brush, grass, ground cover, or other vegetative matter from a site which exposes the earth’s surface on the site or results in the loss of trees or forested areas.

7. “Clearing and grading permit” means the written permission of the city to the applicant to proceed with the act of clearing, grading, filling and/or drainage which could disturb the land surface.

8. “Cluster” means a group of three or more significant trees with overlapping or touching crowns.

9. “Crown” means the area of a tree containing leaf- or needle-bearing branches.

10. “DSH” means the diameter at standard height; the diameter of the trunk measured 54 inches (4.5 feet) above grade.

11. “Dripline” means the distance from the tree trunk that is equal to the furthest extent of the tree’s crown.

12. “Engineer” means a professional civil engineer, licensed by and in good standing in the state of Washington.

13. “Environmentally sensitive lands” include, but are not limited to, lands identified as environmentally sensitive or critical areas by the city in accordance with the provisions of the State Environmental Policy Act and the Growth Management Act.

14. “Erosion” means the wearing away of the land or ground surface by the action of wind, water, ice, gravity, or any combination thereof.

15. “Exempt” refers to special circumstances as defined in NBMC 19.10.040. However, significant trees shall not be exempted from the provisions of this chapter.

16. “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 stockpile of material).

17. “Grading” means any act which changes the grade or elevation of the ground surface and for the purposes of this chapter also includes the excavation and removal of earth material.

18. “Ground cover” means all types of vegetation other than trees.

19. “Hazard tree” means any tree with any significant structural defect, disease, extreme size or combinations of these which make it subject to failure, as determined by the CED director or her/his designee.

20. “Impact” means a condition or activity that affects a part of a tree including the trunk, branches, and critical root protection zone.

21. “Land-disturbing activity” means any use of the land that results in change in the natural cover or topography or may cause or contribute to erosion or sedimentation.

22. “Normal maintenance” means regular pruning of trees and/or ground cover to protect property and/or to maintain healthy growth.

23. “Qualified professional” means an individual with relevant education and training in arboriculture or urban forestry. The individual must be an arborist certified by the International Society of Arboriculture or a registered consulting arborist from the American Society of Consulting Arborists and for forest management plans may be a certified forester by the Society of American Foresters.

24. “Root protection zone (RPZ)” means the ground area around a tree with one foot of radius in all directions for each inch of trunk diameter measured at four feet, six inches above grade. The root protection zone shall not be less than an eight-foot radius except for utility uses and street trees where there may be storm drainage pipes and other subsurface and surface improvements. In cases with substantial size trees, 24 inches DSH and greater, a suitable RPZ should be established at the discretion of the city’s qualified professional.

25. “Sedimentation” means the process of depositing of soil and organic particles displaced, transported, and deposited by erosive processes.

26. “Significant tree” means any evergreen tree of at least 15 inches DSH and any deciduous tree, other than red alder, holly, poplar and cottonwood trees, at least 12 inches DSH. Red alder, holly, poplar, cottonwood and other invasive trees of any size are not considered significant trees.

27. “Significantly wooded site” is a subject property that has a number of significant trees with crowns that cover at least 40 percent of the property.

28. “Site disturbance” means any development, construction, or related operation that could alter the subject property, including, but not limited to, tree or tree stump removal, road, driveway or building construction, installation of utilities, or grading.

29. “Site perimeter” means the area of the subject property that is 10 feet from the property line.

30. “Specimen tree” means a viable tree that is considered in very good to excellent health and free of major defects, as determined by the city’s qualified professional.

31. “Target” means a person or property that can be damaged by failure of a tree.

32. “Tree removal” means the removal of a tree, through either direct or indirect actions, including but not limited to: (a) clearing, damaging or poisoning resulting in an unhealthy or dead tree; (b) removal of at least half of the live crown; or (c) damage to roots or trunk that is likely to destroy the tree’s structural integrity.

33. “Thinning” means the evenly spaced noncommercial removal of up to 40 percent of trees and woody shrubs.

34. “Timber harvesting” means the commercial harvesting of trees.

35. “Trees” means any living woody plant characterized by one main stem or trunk and many branches and having a diameter of four inches or more measured 24 inches above ground level.

36. “Viable tree” means a significant tree that a qualified professional has determined to be in good health, with a low risk of failure due to structural defects, is relatively windfirm if isolated or remains as part of a grove, and is a species that is suitable for its location.

37. “Wildlife snag” means the remaining trunk of a dying, diseased, or dangerous tree that is reduced in height and stripped of all live branches.

38. “Windfirm” means a condition of a tree in which it can withstand moderate storm winds. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 2, 1993).

19.10.030 Clearing and grading permit required.

A. No person, corporation, or other legal entity shall make changes or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration in the city without a valid clearing and grading permit from the city engineer, or without a written permit exemption as authorized by NBMC 19.10.040.

B. Permits are not transferable, unless approved in writing by the city engineer. The transfer will only be approved when the new applicant has demonstrated that it can and has complied with the conditions of the permit.

C. A clearing and grading permit is required for the removal of any significant tree(s). The application materials and requirements for significant tree removal under NBMC 19.10.092 shall also be included in the clearing and grading permit. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 3, 1993).

19.10.040 Permit exemptions.

There are two types of exemptions from the provisions of this chapter: (1) written exemptions; and (2) categorical exemptions.

A. Written Exemptions. Written permit exemptions shall be issued by the city engineer. The following shall be exempt from the permit requirements of this chapter:

1. Land clearing, grading, filling, sandbagging, diking, ditching, or similar work during or after periods of extreme weather or other emergency conditions which have created situations such as flooding or high fire danger that present an immediate danger to life or property;

2. Land clearing necessitated by order of the city council related to the abatement of a public nuisance, where the work is administered by the city;

3. Up to 50 yards of fill, unless the fill is to be placed in the root protection zone of a significant tree, in an area subject to the jurisdiction of the critical areas regulations, as codified in Chapters 14.05 through 14.12 NBMC, in the 100-year floodplain or floodway as defined in Chapter 14.12 NBMC, or in a storm drainage course;

4. The clearing by a public agency or a franchised utility within a public right-of-way or upon an easement, for the purpose of installing and maintaining water lines, storm sewer lines, sanitary sewer lines, electrical power line, television cable, or communication lines, or for street construction or maintenance, subject to the requirements of any applicable franchise agreement; and

B. Categorical Exemptions. No permit or written permit exemption is required for the following actions:

1. The removal of dead or diseased trees, nonsignificant trees as determined by the CED director or ground cover;

2. The removal of hazard trees and ground cover in emergency situations involving immediate danger to life, property or substantial fire hazard;

3. Normal maintenance of trees and ground cover;

4. Cemetery graves;

5. The removal of up to 5,000 square feet of brush, grass, or other similar ground cover for the purpose of landscaping or gardening purposes;

6. Licensed Commercial Nurseries or Tree Farms. A nursery or tree farm owner may remove trees that are being grown to be sold as Christmas or landscape trees; and

7. Farming and agricultural uses for existing operations or upon land already cleared for agricultural uses; provided, however, no significant tree may be removed under this categorical exemption. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 4, 1993).

19.10.050 Clearing and grading permit application.

An application for a clearing and grading permit shall be submitted on a city form at the same time as a complete application for other land development activity as defined in NBMC 20.09.020(A) or at the same time as submitting a building permit application, whichever shall sooner occur. The application shall contain the name, address and phone number for the applicant and all persons having an ownership interest in the property, along with a brief statement of the proposed land use and the reason that the requested filling, grading and/or clearing is necessary to accomplish the applicant’s intended purpose. The application shall not be deemed complete until the city receives the completed application form, the information required by NBMC 19.10.060, and the appropriate fee and deposit as required by NBMC 19.10.130. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 6, 1993).

19.10.060 Plans and specifications.

A. Each application shall be accompanied by a minimum of three sets of plans and specifications, including calculations. The plans and specifications shall be prepared by a licensed professional engineer who shall affix his professional stamp and his signature to each set. The city engineer may waive this requirement if he enters written findings in the city records that he has inspected the site, and finds that due to the uncomplicated nature of the proposed work and necessary drawings the expertise of a professional engineer is not needed. The plans and specifications shall include the following information:

1. The name, address and phone number of the person or firm preparing the plans.

2. An accurate plan of the entire site as it exists at the time of the application, which includes:

a. All property lines with bearings and distances shown;

b. Contours over the entire site with two-foot contour intervals with five-foot intervals on slopes greater than 15 percent, unless otherwise approved. Contours shall extend a minimum of 20 feet beyond the property boundaries when grading is proposed to the property line;

c. The date, basis, and datum of the contours, which shall be referenced to the city’s network of benchmarks, if applicable;

d. A graphic representation of existing vegetation on the site designated by its common names, the amount of bare ground, and the amount and type of impervious material (rock and artificial);

e. The location of all existing drainage facilities, natural and manmade;

f. The location and estimated capacity of any areas which impound surface water;

g. The location and estimated discharge of all visible springs;

h. The location of all structures, utilities, and their appurtenances, including structures and utilities on adjacent properties when such information is reasonably available. Said improvement locations shall also be staked on site to enable the city to review improvement locations and their relationship to the site and existing vegetation;

i. Date, north arrow, and adequate scale as approved by the city engineer on all maps and plans;

j. Identification of and mitigation measures for on-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation;

k. Identification of all critical areas in accordance with Chapters 14.05 through 14.12 NBMC;

l. A complete environmental checklist, or, if a categorical exemption is claimed, a brief statement setting forth the basis for the claimed exemption;

m. Identification of all areas regulated by the provisions of Chapter 15.44 NBMC;

n. Location, type, size and condition of trees and ground cover on site and a general identification of trees and ground cover which are proposed to be removed;

o. A significant tree inventory consistent with NBMC 19.10.093 for the removal of more than eight significant trees. A replanting plan shall be provided and approved by the city prior to removal of any significant trees; and

p. Location of the current floodway and floodplain as adopted by the city, if applicable.

3. The proposed work schedule, which details the following:

a. Sequence for clearing, grading, filling, drainage alteration, and other land-disturbing activities;

b. On-site soil or earth material storage locations and source of import materials, and location of the site where soils will be disposed;

c. Schedule for installation and removal of all interim erosion and sediment control measures, including vegetative measures;

d. Schedule for construction of final improvements, if any;

e. Schedule for the installation of required permanent erosion and sediment control devices; and

f. An outline of the methods to be used in clearing vegetation and in storing and disposing of the cleared vegetative matter.

4. An accurate finished grading plan of the entire site as it would appear after the completion of work covered by the permit, showing the following:

a. The finished contours achieved by grading (at the same intervals as the existing contours), including the quantities of cut, fill, import, and export;

b. The boundaries of all areas to remain undisturbed, and identification and the location of all other vegetation shown on the plan that will remain after the completion of work;

c. Drainage and related facilities to be constructed with and as a part of the proposed work;

d. Boundaries of all areas where surface water runoff will be retained, detained, or infiltrated;

e. The method for discharging surface water off-site, including the provisions required to control the velocity and direction of discharge to protect downstream properties;

f. Location of proposed improvements, including building setback lines, approximate limits of cuts and fills, final grades, structures, roads, driveways, utilities, and storm drainage facilities. Said improvement locations shall also be staked on site to enable the city’s arborist and/or engineer to review improvement locations and their relationship to the site and existing vegetation;

g. The location of building setback lines, and approximate limits of cuts and fills, including but not limited to foundations, retaining walls, and driveways;

h. Location and dimensions of buffer zones and other areas to be maintained or established;

i. The location and description of proposed erosion and sedimentation control devices or structures and schedule of maintenance; and

j. Off-site grading shall be noted on the plans, and a dated letter of permission from the property owner of the land affected shall be provided and noted on the plans.

B. The city engineer may require less information than is set forth in this section if he determines the project is of such a nature and magnitude that less detail is adequate to protect the public health and safety; provided, however, the engineer may not waive the requirement for the submittal of an environmental checklist if a checklist is required by the provisions of Chapter 14.04 NBMC, the submittal of information regarding the location of existing trees and vegetation and the identification of trees and vegetation to be removed, nor submittal of information necessary to evaluate the proposal in accordance with the requirements of Chapters 14.05 through 14.12 and 15.44 NBMC. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 7, 1993).

19.10.070 Additional application information.

The city engineer may require the applicant to submit additional information when he finds the submitted plans and specifications and associated information are not clear enough to allow for an adequate determination, or when special conditions are found to exist which require specific explanation. This additional information may include, but is not limited to, the following:

A. Hydrologic and hydraulic computations of expected storm runoff entering and leaving the site for pre- and post-development conditions;

B. Engineering geology and soils reports as needed for hydrology, hydraulics, and erosion control design;

C. Erosion and sediment control plan and supporting calculations;

D. An engineer’s cost estimate of the drainage facilities and final erosion and sediment control when such information is necessary for bonding purposes;

E. Inspection and maintenance agreement;

F. Letters of Permission. Off-site grading shall be supported by a dated letter of permission from the affected property owner(s); and

G. A copy of the hydraulic permit application issued by the Washington State Department of Fish and Wildlife, if it is required. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 8, 1993).

19.10.080 Review criteria.

The city engineer shall review the permit application for compliance with all city ordinances, adopted standards, and requested additional data. The CED director shall review the project for compliance with the city’s comprehensive plans and development regulations. Where the project involves the removal of significant trees, then it shall also be reviewed by the director and/or his designee. This shall be in addition to any reviews required by other departments under SEPA, shorelines management ordinance, design, review or other city codes. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 9, 1993).

19.10.090 Standards.

No land-disturbing activity subject to the control of this chapter shall be undertaken except in accordance with the following mandatory standards:

A. Protection of Property. Land-disturbing activities shall be conducted in such a way that all reasonable measures are taken to protect all public and private property from damage caused by such activities.

B. Critical Areas Buffer Zone. No land-disturbing activity shall be permitted in an approved critical area or critical area buffer zone, except as otherwise allowed by applicable laws and permits.

C. Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures.

D. Ground Cover. No land-disturbing activity shall be undertaken until installation of sufficient erosion and sediment control devices to retain the sediment generated by the activity within the boundaries of the tract during construction upon and development of said tract. Plantings or a permanent ground cover shall be provided immediately after completion of grading to sufficiently restrain erosion; provided, however, the CED director may extend the time for planting the permanent ground cover or planting if weather conditions do not permit immediate planting. Erosion control practices shall conform to the current edition of the King County Surface Water Design Manual specifications, unless other standards set forth in this chapter are more stringent, then the standards of this chapter shall control.

E. Use of Vegetative Measures. Vegetation measures using native plants shall be used for erosion and sediment control wherever feasible, rather than structural measures such as pipes, structures, or other devices.

F. Environmentally Critical Areas. Activity within environmentally critical areas shall be in compliance with Chapters 14.05 through 14.12 NBMC and shall be subject to the review of the CED director.

G. Preservation of Existing Vegetation. The proposal shall contain reasonable provisions for the preservation of natural land and water features, vegetation, including significant individual tree specimens or groups of trees, drainage and other indigenous natural features on the site. Natural vegetation shall not be removed from proposed landscape areas, unless a revegetation plan is first approved by the CED director.

H. Protection of Root Zones. The size of landscape or buffer areas shall be increased to the extent necessary to protect the root zones of all trees that are to be preserved. Land clearing machinery shall be kept outside of the root zone of any trees designated for retention. Damaging of trees designed for retention by scarring, backfilling of trees with heavy soil or compaction of soil over the root zone or any other activities that may cause damage of roots, trunks or surrounding ground cover shall be considered violations of this chapter.

I. Minimizing Clearing. No clearing and grading activity shall take place until necessary to construct the approved improvements, such as streets, roads, utilities and structures, and then only to the extent necessary to provide for the construction of the action approved through the permit and said areas have been surveyed and staked to enable city staff to confirm locations.

J. Protection of Artifacts. The protection of cultural and anthropological or historical artifacts found on the site shall be encouraged by allowing their removal prior to land-disturbing activity, or the protection of the appropriate section of the site by preserving it in a nondisturbed state to the extent consistent with the reasonable use of the property as a whole.

K. Compliance with International Building Code. The provisions of the International Building Code relating to cuts, fills, setbacks, drainage, terracing and erosion control shall be met.

L. Soil Stability. The clearing shall not create or contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction.

M. Preservation of Significant Features. The proposal shall contain reasonable provisions for the preservation of natural land and water features, vegetation, including significant individual tree specimens or groups of trees, drainage and other indigenous natural features on the site.

N. Erosion and Flooding. Clearing, grading and filling shall not create or contribute to flooding, erosion or increased turbidity, siltation or other forms of pollution in a watercourse.

O. Floodway. No filling within the floodway unless there is compliance with Chapter 14.12 NBMC dealing with floodplain management. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 10, 1993).

19.10.091 Significant tree provisions.

Removal of non-invasive trees and vegetation in urban areas has resulted in the loss to the public of these beneficial functions. The purpose of this chapter is to establish a process and standards to provide for the protection, preservation, replacement, proper maintenance, and use of significant trees in the city of North Bend. In addition to NBMC 19.10.010(A)(9), the intent of significant tree regulations is to:

A. Maintain and enhance canopy coverage provided by trees for their functions as identified in NBMC 19.10.010;

B. Preserve and enhance the city of North Bend’s environmental, economic, and community character with mature landscapes;

C. Promote site planning, building, and development practices that work to avoid removal or destruction of trees and vegetation, that avoid unnecessary disturbance to the city’s natural vegetation, and that provide landscaping to buffer the effects of built and paved areas;

D. Mitigate the impacts of tree removal in land development through on- and off-site tree replacement with the goals of significantly minimizing loss and enhancing the quality and quantity of North Bend’s tree canopy;

E. Encourage tree retention efforts by providing flexibility with respect to certain other development requirements;

F. Implement the goals and objectives of the city’s comprehensive plan. (Ord. 1360 § 1 Exh. A (part), 2009).

19.10.092 Significant tree removal requirements.

A. Significant trees shall be retained in setbacks and perimeter buffers, except where removal or limbing is required for utilities. Significant trees may be removed consistent with NBMC 19.10.093 and 19.10.094 if the location of the tree(s) prevents the site design or development proposals from accomplishing the development potential allowed under North Bend Municipal Code, provided the applicant has fully evaluated design options that include and incorporate tree(s) preservation, including tree relocation on the property.

B. A city of North Bend clearing and grading permit is required for the removal of any significant tree(s). The application shall include the following information:

1. Accurate location of significant trees and their driplines measured relative to visible site features and structures (surveyed locations may be required if the subject tree(s) are near property boundaries);

2. Diameter (DSH) and type or species of trees;

3. Qualified professional report. The general health of the tree(s) shall be determined by a qualified professional. The planning official may waive the requirement to include a qualified professional if the health of the tree is obviously compromised or presents a likely potential to structural damage of existing building(s). The report shall include a description of each tree’s health and viability that are proposed for removal;

4. A replacement tree planting plan identifying the number of replacement trees, species and accurate location of replanting consistent with the replacement ratio and planting plan requirements of NBMC 19.10.093; and

5. Applicant shall pay all city costs incurred as established by ordinance of the city council and as outlined in Chapter 20.09 NBMC.

C. Alternative Compliance. All significant tree provisions contained in this chapter shall be met, unless the applicant demonstrates that alternate measures or procedures will be equal or superior to the significant tree provisions and the purpose and intent of this chapter under NBMC 19.10.010 will be met. Requests to use alternative measures and procedures shall be reviewed by the planning official, who may approve, approve with conditions, or deny the request. Examples include but are not limited to retention of specimen or significant trees or low impact development techniques, including such programs as Green Building Design or Leadership in Energy and Environmental Design that demonstrate a significant reduction to stormwater runoff from the site and preservation of vegetated open space areas. (Ord. 1360 § 1 Exh. A (part), 2009).

19.10.093 Significant tree inventory and retention requirements.

A. A significant tree inventory shall be prepared by a qualified professional, under the direction of the CED director, for the removal of eight significant trees and/or more or when a new development is proposed. The inventory shall identify all significant trees on the property excluding those areas located in critical areas and their buffers.

B. Salvage. When a property is developed, the city encourages the use of plant salvage program. Native plants are removed from sites which are scheduled for construction and later replanted at locations around the city. The city works with developers and other agencies to locate potential salvage replant sites, organize volunteers to remove plants just prior to construction, and replants the salvaged plants within the city. The city may reduce a portion of the costs associated with the applicable clearing and grading permit. The reduced amount shall be determined by the CED director upon review of the applicant’s proposed salvage program.

C. Tree Retention Requirements for Proposed Development Projects.

1. Tree Retention Requirements. Significant trees on lots proposed for development or redevelopment shall be retained as follows:

Tree Retention Requirements for Proposed Project Development
Zoning Designation:	Retention Required:
Single-family, duplex, short plats, or subdivision development	30% of all significant trees in developable site area. (20% per NBMC 19.10.093(D)(1))
Cottage and multifamily development Commercial	20% of all significant trees in developable site area. (10% per NBMC 19.10.093(D)(1)) 15% of all significant trees in developable site area. (5% per NBMC 19.10.093(D)(1))

2. Priority of Tree Retention Requirements. Significant trees shall be retained in the following priority order:

a. Priority One.

i. Significant trees which form a continuous canopy;

ii. Significant trees on slopes greater than 20 percent;

iii. Significant trees adjacent to critical areas and their associated buffers;

iv. Significant trees over 60 feet in height or greater than 18-inch DSH;

v. Significant trees along Cedar Falls Way and North Bend Way in the CR zone within 15 feet of the right-of-way per NBMC 18.12.030(C)(4).

b. Priority Two.

i. Healthy tree groupings whose associated undergrowth can be preserved;

ii. Other significant native evergreen or deciduous trees; and

iii. Other significant nonnative trees.

D. Modification to Tree Retention Requirements. A modification to retention requirements may be granted at the discretion of the CED director based on the applicant’s ability to demonstrate that strict compliance with the tree retention requirements may jeopardize the reasonable use of the property by one or more of these special circumstances:

1. Up to a 10 percent reduction to the tree retention requirements, based on land use, may be permitted by the CED director, subject to a site-specific analysis and subject to the tree replacement ratio and planting plan as required in NBMC 19.10.094. The applicant shall pay all costs associated with the replacement of said trees and as outlined in Chapter 20.09 NBMC;

2. The size, shape, topography, or location of the subject property would prohibit required tree retention and reasonable alternatives do not exist;

3. The required ingress/egress, existing and proposed utility locations, trails, storm drainage improvements or similar constraints exist that would prohibit the required retention of some or all of the trees and reasonable alternatives do not exist;

4. Tree removal is necessary to provide solar access to a building that incorporates active solar devices. Windows are solar devices only when they are south-facing and include special storage elements to distribute heat energy;

5. The modification will fulfill the intent and purpose of this chapter and incorporates into the design of the site:

a. The retention of 50 percent of the significant trees required for retention by preserving a tree grouping of equivalent diameter inches and the naturally occurring undergrowth to what would otherwise be required; and

b. The retention of other natural vegetation in consolidated locations which promotes the natural vegetated character of the site and adjacent properties.

E. Additional Tree Protection. The CED director may approve an administrative adjustment of standards for bulk and dimensional relief per Chapter 18.25 NBMC in order to retain existing healthy significant tree(s).

F. Cluster Preservation. If a cluster of significant trees is identified, the applicant shall provide prior to final approval (i.e., final plat, final BSP) the legal instrument acceptable to the city to ensure preservation of the cluster and associated vegetation in perpetuity, except that the agreement may be extinguished if the planning official determines that preservation is no longer appropriate. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 5, 1993. Formerly 19.10.045).

19.10.094 Significant tree replacement ratio and planting plan.

Any significant tree removed shall be replaced at the expense of the applicant. The applicant shall replace significant tree(s) as follows:

A. On-Site Replacement. The applicant shall replant as many trees on-site as feasible and must replace the tree according to the following ratio, at the applicant’s choice:

1. Replace at a 2:1 ratio with trees not less than four feet in height.

2. Replace at a 3:1 ratio with native and/or drought-tolerant potted trees in one-gallon size pots.

B. Off-Site Replacement. Off-site replacement at a 2:1 ratio may be allowed when approved by the CED director. The applicant shall pay costs associated with the replacement of said trees as outlined in Chapter 20.09 NBMC. The priority off-site replacement locations are as follows: (1) street trees, (2) parks, and (3) other public open spaces.

C. If a modification to the tree retention requirements is granted pursuant to NBMC 19.10.093(D), the applicant shall replace said trees at a 3:1 ratio with trees no less than four feet in height. Off-site replacement of said trees is allowed, subject to city approval.

D. Replacement trees shall be native drought-tolerant species, 75 percent of which shall be an evergreen species, unless otherwise approved by the CED director.

E. A replanting plan shall be provided and approved by the city prior to removal of any significant trees. (Ord. 1360 § 1 Exh. A (part), 2009).

19.10.095 Revegetation option.

Based upon recommendations in a report by the CED director, removal of areas of vegetation that might normally be saved may be permitted if extensive revegetation is accomplished. Such alternative may be desirable for sites with significant physical limitations such as topography or soil type, or where limitations of existing trees such as particular species or deteriorated health of a particular tree stand may make such options desirable.

On a site with documented special circumstances, an alternative allowing removal of vegetation normally saved may be approved with a comprehensive revegetation plan prepared by an arborist and reviewed and approved by the CED director or her/his designee. At a minimum, the plan shall include:

A. Information required under NBMC 19.10.050 through 19.10.070;

B. Consideration of the standards provided in NBMC 19.10.090 through 19.10.094;

C. An evaluation of what circumstances are present in specific areas of the site to make incorporation of topography and existing vegetation undesirable and recommendations on what areas if any can be designed to accommodate existing vegetation;

D. Consideration of overstory and understory vegetative species to provide wildlife habitat and meet specific purposes important to the neighborhood environment and project design such as buffers, green belts, open spaces, street trees, urban beautification, solar access and other functions and purposes deemed desirable and appropriate to the anticipated use;

E. A comprehensive map showing location, number, types of species and size of planned vegetative improvements;

F. A time line for completion of improvements;

G. An estimate of the value of vegetation that would normally be saved but that is being removed under this option. Said estimate must be accomplished pursuant to the most recent guidelines established by the International Society of Arboriculture in its “Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens”;

H. Said plan shall provide for a commensurate value of vegetation to be installed as is to be taken out under this option. Said amount shall be 150 percent of what is normally required for landscaping in the projects not utilizing this option. The calculated value of the vegetation shall include only vegetative material and shall not include the applicant’s administrative or labor costs, or the costs of the city’s arborist;

I. A maintenance plan which includes provision for a grass, shrub and tree maintenance program and provides for adequate water supply until the plantings are established;

J. If any existing vegetation is to be saved, a plan shall be provided for the protection of said vegetation during construction activity, including fencing and other protective measures deemed necessary by the CED director; and

K. The performance and maintenance bond requirements of the city landscape code shall apply to revegetation plans. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 11, 1993).

19.10.100 Conditions.

In granting any clearing and grading permit, the city engineer may attach conditions reasonably necessary to prevent erosion and sedimentation. The CED director may attach such conditions as are reasonably necessary to preserve and protect trees and vegetation pursuant to the standards set forth in this chapter. Such conditions may include, but are not limited to, installing walls, swales, drains, retention facilities, or other structures; planting appropriate vegetation; installing erosion and sediment control measures or devices; furnishing necessary letters of permission and/or easements; and specifying method of performing the work; requiring native vegetation protection areas and buffers, revegetation of disturbed areas, and enhancement of existing vegetated areas. Such items must be identified on the approved grading, erosion, and sediment control or other required plans. In addition, the following shall be conditions of all permits:

A. Notify the city 48 hours before commencing any land-disturbing activity;

B. Notify the city of completion of any control measures within 48 hours after their completion;

C. Obtain permission in writing from the city prior to modifying any of the plans;

D. Install all control measures as identified in the approved plans;

E. Maintain all road drainage systems, stormwater drainage systems, control measures, and other facilities identified in the plans;

F. Repair siltation or erosion damage to adjoining surfaces and drainage ways resulting from land developing or disturbing activities;

G. Inspect the erosion control construction measures at least once each week during construction after each rain of one-half-inch or more (over a 24-hour period), and immediately make any needed repairs;

H. Allow the city to enter the site for the purpose of inspecting compliance with the plans or for performing any work necessary to bring the site into compliance with the plans;

I. Keep an up-to-date, approved copy of the plans on the site; and

J. Ensure that all workmanship and materials are in accordance with city standards and the most recent edition of the Washington State Specifications for Road, Bridge, and Municipal Construction. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 12, 1993).

19.10.110 Maintenance responsibilities.

A maintenance schedule of constructed private facilities shall be developed for facilities constructed and measures implemented pursuant to this chapter. The schedule shall set forth the maintenance to be completed, the time period for completion, and who shall perform the maintenance. The schedule shall be included with all required plans and permits and shall be recorded by the property owner or agent with the county auditor so that maintenance responsibilities attach to the property and shall be the duty of the property owner(s). The city engineer may require a maintenance bond for the same length and under the same conditions as required for landscaping under the landscape code. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 13, 1993).

19.10.120 Permit issuance – Expiration – Extension.

A. Clearing and grading is a development activity subject to the conditions of Chapters 20.01 through 20.06 and 20.09 NBMC. A clearing and grading permit shall be issued only after compliance with the requirements of this chapter and the deposit with the city finance director of permit fees for plan review, inspection, and related expenses as required in Chapter 18.12 NBMC and NBMC 19.10.130.

B. Any permit granted under this chapter shall expire one year from the date of issuance; provided, however, that the city engineer may set specific limits to the permit if it is advisable to do so. Upon a showing of good cause, a permit may be extended for up to one year upon such conditions as are necessary to carry out the intent of this chapter. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 1203 § 1 (part), 2003; Ord. 932 § 14, 1993).

19.10.130 Permit fees.

The applicant shall pay costs associated with a clearing and grading permit as set forth in Chapter 20.09 NBMC. For significant tree removal, a fee in lieu may be provided to the city if the applicant chooses not to replace the significant tree(s) on site. The applicant shall pay costs associated with the replacement of said trees and the clearing and grading permit as set forth in Chapter 20.09 NBMC. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 1237 § 17 (part), 2005: Ord. 932 § 15, 1993).

19.10.135 Urban growth area.

Areas within the urban growth area established pursuant to the Growth Management Act are anticipated to be developed within the next 10- to 20-year period. Because conversion of current timbered properties within the urban growth area can reasonably be expected, significant land clearing of such area needs to take place at the time of a valid land use application to properly coordinate preservation of trees within open spaces and buffers with actual development plans. To further the purposes of this chapter, timber harvesting and conversion of wooded lands within the urban growth area shall not be permitted until such time as a valid land use application for development is approved. Requests may be made for maintenance and thinning of existing timber stands to promote the overall health and growth of the stand until said stand is converted and harvested pursuant to plans provided within an approved, valid land use permit. Such request shall be reviewed by the city’s technical review committee. The technical review committee’s conditions shall ensure that proposed action shall improve the health and growth of the stand and preserve long-term alternatives for preservation of trees and meeting the goals of this chapter. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 16, 1993).

19.10.140 Security.

The city engineer may require the applicant to furnish security in the form of a bond, cash escrow account, an irrevocable letter of credit, or other security which may be acceptable to the city at its sole discretion, in an amount determined by the city engineer to be sufficient to reimburse the city if it should become necessary for the city to enter the property to correct hazardous conditions relating to soil stability, erosion, or environmental damage caused by failure to complete the work or improper action. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 17, 1993).

19.10.150 Insurance.

If, in the opinion of the city engineer or CED director, the nature of the work is such that it may create a hazard to human life or endanger streams, wetlands and/or their buffers, or public or private property, then the city engineer or CED director may, before issuing the permit, require that the applicant file a certificate of insurance. The certificate must provide to the city satisfactory proof of the existence of a comprehensive liability insurance policy, in an amount and form determined necessary by the city engineer or the city attorney, but in no event providing coverage of less than $1,000,000 for personal injury to any one person, $3,000,000 for injury to more than one person arising out of the same incident, and $250,000 for property damage, against claims arising pursuant to permits issued under this chapter, whether the performance be by the applicant, a subcontractor of the applicant, or any person directly or indirectly employed by the applicant. Additional amounts of insurance may be required by the city engineer in accordance with the nature of the risks involved. Insurance must be written by a company licensed to do business in the state of Washington. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 18, 1993).

19.10.160 Inspections.

A. All projects which include clearing, grading, filling, or drainage shall be subject to inspection by the city engineer or his designee, and the CED director or his designee for projects requiring community development review, who shall be granted reasonable right of entry to the work site by the permittee. When required by the city engineer, special inspection of the grading operations and special testing shall be performed by qualified professionals at the expense of the permittee. Inspections in conjunction with hydraulic permits will be performed and enforced by the Washington State Department of Fish and Wildlife.

B. Each site that has approved grading, erosion and sediment control or other required plans must be inspected as necessary to ensure that the sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. Where applicable, the permittee must obtain inspection by the city at the following stages:

1. Following the installation of sediment control measures or practices and prior to any other land-disturbing activity;

2. During the construction of sediment basins or stormwater management structures;

3. During rough grading, including hauling of imported or waste materials;

4. Prior to the removal or modification of any sediment control measure or facility; and

5. Upon completion of final grading, including establishment of ground covers and planting, installation of all vegetative measures, and all other work in accordance with an approved plan or permit. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 19, 1993).

19.10.170 Suspension of permits.

The city engineer or CED director may suspend or revoke a permit or issue a stop work order, whenever he determines that:

A. The act or intended act of clearing, grading, or filling has become or will constitute a hazard to persons; endangers property; adversely affects the safety, use or stability of any public way, drainage facility, stream or surface water, including siltation and sedimentation;

B. The permittee has violated a provision of the permit or of this chapter or other city ordinances;

C. There are changes in site runoff characteristics upon which a waiver was granted or permit was approved;

D. Construction is not in accordance with the approved plans and specifications; and

E. Noncompliance with correction notice(s) or stop work order(s) issued for erosion or sediment controls. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 20, 1993).

19.10.180 Completion of work.

A. Construction Changes. Whenever changes must be made to the original, approved plan, the changes shall be submitted to and approved by the city engineer in advance of the construction of those changes.

B. Final Reports. Upon completion of the rough grading and at the final completion of the work, the city engineer may require the following reports, drawings, and supplements thereto to be prepared and submitted by the owner and/or an appropriate qualified professional approved by the city engineer:

1. An as-built grading plan, including original ground surface elevations, final surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities; and

2. A soils grading and/or geologic grading report, including locations and elevations of field density tests and geologic features, summaries of field and other laboratory tests, and other substantiating data and comments or any other changes made during grading and their effect on the recommendations made in the approved grading plan.

C. Notification of Completion. The permittee or her/his agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work has been completed in accordance with the final approved grading, erosion and sedimentation control, and other required plans, and the required reports have been submitted and accepted. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 21, 1993).

19.10.190 Posting of permit.

No work shall commence until a permit has been posted by the applicant on the subject site at a conspicuous location. The permit shall remain posted until the project has been completed and final inspection approved. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 22, 1993).

19.10.200 Administration and enforcement.

The city engineer and/or the CED director are authorized and directed to administer and enforce the provisions of this chapter. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 23, 1993).

19.10.210 Appeals.

Any person or persons aggrieved by any action of the city engineer or CED director pursuant to the provisions of this chapter may file an appeal with the examiner. The examiner shall uphold the decision of the city engineer or CED director unless it determines that his or her decision is arbitrary and capricious. If the examiner so finds, then he or she may reverse, modify or otherwise condition the application as necessary to carry out the purpose of this chapter.

The examiner’s decision shall be final and conclusive unless a written appeal is filed according to the city’s appeal procedures as set forth in Chapter 20.06 NBMC, as now in effect or as may be subsequently amended. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 1172 § 27, 2002: Ord. 1053 § 38, 1998: Ord. 932 § 24, 1993).

19.10.220 Clearing and grading rules and guidelines.

The city engineer and CED director shall adopt administrative rules and guidelines to implement the terms, conditions and intent of this chapter, including procedures for obtaining permits and permit exemption. The administrative regulations shall be filed with the city clerk and shall be available for public inspection at City Hall and the public works department. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 25, 1993).

19.10.230 Other laws.

A. Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply.

B. Neither this chapter nor any administrative decision made under it:

1. Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or

2. Limits the right of any person to maintain against the permittee at any time, any appropriate action, at law or in equity, for relief from damages caused by the permittee arising from the permitted activity. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 26, 1993).

19.10.240 Removal of dirt, debris, or other material – Sanctions.

A. Whenever property damage is occurring or imminent as a result of an activity inconsistent with the purpose and intent of this chapter, as determined by the city engineer or CED director, the offending person, company, or firm shall, after notice of cleanup by the city engineer, remove such material or make necessary revisions, as instructed by the city engineer or CED director, to remove the cause of the offending activity.

B. If the person, company, or firm does not take the action ordered by the city engineer, such offending party shall be guilty of a civil infraction and shall be punished as set forth in NBMC 15.28.260¹. In addition, the city engineer may cause the debris and other materials to be cleaned up and/or the activity altered. All expenses of such work, including the costs of litigation, if necessary, and administrative costs shall be chargeable to the owner or other person having charge of or having ordered the activity. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 27, 1993).

19.10.250 Public nuisance.

Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated through proceedings for injunction or similar relief in superior court or other court of competent jurisdiction. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 932 § 28, 1993).

19.10.260 Penalty.

Any violation of this chapter shall be remedied based on the provisions as set forth in NBMC 20.10.100. (Ord. 1360 § 1 Exh. A (part), 2009; Ord. 1088 § 3 (part), 1999: Ord. 932 § 29, 1993).

Chapter 15.28 NBMC was repealed by Ord. 899.