Chapter 17.320
LAND CLEARING, EROSION CONTROL, AND STEEP SLOPE AREAS

Sections:

17.320.010    General.

17.320.020    Initiation.

17.320.030    Exceptions.

17.320.040    Application.

17.320.050    Decision.

17.320.060    Minimum requirements.

17.320.070    Bond and surety, cash, or security deposit.

17.320.080    Appeal.

17.320.010 General.

The removal of ground cover and trees without proper planning can create environmental hazards, pose a hazard to property and lead to unsound development practices. It is not the intent of these provisions to prohibit land clearing but to regulate its effects. The goals of these regulations are as follows:

(1) To promote land development practices that reduce the risk of wind and water erosion, landslides and windthrow.

(2) To prevent new development from creating problems which might damage adjacent property or life.

(3) To preserve and enhance the physical and aesthetic character of development.

(4) To preserve water resources and reduce risks from flooding or alteration of natural drainage systems including but not limited to maintaining a reasonable amount of vegetation along streambeds and other bodies of water during clearing procedures and immediate restoration of ground cover if the vegetation must be removed.

(5) To ensure the prompt development, restoration, and/or replanting of property.

(6) To control possible siltation and water pollution, including but not limited to prohibition of waste material placement in waterways. [Ord. 93 § 5.7.1, 1987].

17.320.020 Initiation.

The act of removing and destroying trees or ground cover or development on steep slopes shall require a permit if any of the situations listed in this section apply. This permit shall be obtained by the property owner or authorized agent by filing an application with the public works and development department.

(1) The property is undeveloped or partially developed, the clearing is for the purpose of further residential development, and the property is of a size to permit a major partition II or subdivision.

(2) The property is undeveloped or partially developed and the clearing is for the purpose of further commercial, industrial, or public development.

(3) The property contains all or portions of a stream, lake, bog, swamp, wetland, spring seep, or other source where the continuous presence of water is indicated which will be disturbed.

(4) Any portion of the slope of the area to be disturbed is greater than 20 percent, or is within the steep slope area as shown on the land development map.

(5) The primary use of the clearing is for the commercial growing, harvesting, and reforestation of forest tree species and the clearing is not regulated by any other applicable state permit(s).

(6) The ground clearing exposes or destabilizes the soil in areas classified as recently stabilized dunes, older stabilized dunes, or open sand. [Ord. 93 § 5.7.2, 1987].

17.320.030 Exceptions.

A land clearing permit shall not be required for the following:

(1) Projects which have received site plan and architectural review approval.

(2) The installation and maintenance of fire hydrants, water meters, pumping stations and streets by the city, water board, or their contractors.

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

(4) Removal of dead or diseased ground cover or trees.

(5) Removal of trees or ground cover on partially developed property for purposes of general property and utility maintenance, landscaping, or gardening without the use of a bulldozer or similar mechanical equipment.

(6) Removal of trees and ground cover when the primary use of the clearing is for the commercial growing, harvesting, and reforestation of forest tree species if the required state permit(s) have been obtained. These state permits will be accepted in lieu of a city permit except that provisions of applicable city ordinances shall prevail if not adequately covered by the state permit(s).

(7) Projects covered by an excavation and grading permit issued in accordance with the International Building Code. [Ord. 93 § 5.7.3, 1987].

17.320.040 Application.

An application may include any or all of the following items at the discretion of staff, depending upon the site conditions and characteristics of the proposed development. The applicant shall provide one copy of the written information and four prints or one sepia print of a map.

(1) Map.

(a) Map Specifications. Date; north point; legend; scale less than one inch equaling 100 feet, unless otherwise approved by staff; contours at five-foot intervals.

(b) Boundaries. Legal description of property.

(c) Improvements. Proposed location of improvements, including but not limited to structures, utilities, roads, storm drainage, and retaining walls.

(d) Topography. Natural features, tree groupings, streams, wetlands, or other geological features.

(e) Stabilization Methods. Proposed methods of erosion control measures or land restoration.

(f) Vegetation/Soils. General description and notation of trees and ground cover; general description of soils and characteristics.

(g) Grading Plan. Plan including cut and fill areas and existing and finished grade.

(h) Drainage plan.

(i) Supplementary Information. Name and address of property owner and authorized agent.

(2) Written Information.

(a) Use. General description of the proposed use.

(b) Schedule. Proposed time schedule for land clearing, land restoration, erosion control measures, improvement construction, and future development.

(c) Permits. Evidence that required state and federal permits have been secured.

(d) Other. Other information as deemed necessary by the building official which may include but not be limited to a landscaping or reforestation plan. [Ord. 93 § 5.7.4, 1987].

17.320.050 Decision.

The public works and development department shall review the land clearing plan supplied by the applicant and shall approve, conditionally approve, or deny the application by considering the goals listed in CBMC 17.320.010, General. Staff shall process the complete application as rapidly as possible. It is intended, however, that staff shall render a decision within 10 days after a complete application is received. If this is not possible, staff shall then notify the applicant within seven days that the decision will be delayed.

When desirable or when agreement of both departments cannot be achieved, staff may refer the review and decision to the planning commission. In these instances, the final decision shall be rendered as soon as possible after submission to the commission.

The final staff decision shall be made in writing and shall include an agreed-upon time limit for completion of the work and all other specific conditions of approval. [Ord. 93 § 5.7.5, 1987].

17.320.060 Minimum requirements.

(1) Each permit shall be subject to the requirement that all ground stabilization be maintained and not be allowed to deteriorate.

(2) Removal of vegetation shall not occur more than 30 days prior to grading or construction.

(3) If a building permit is issued, the requirements of the land clearing permit shall be completed within 90 days from the issuance of the building permit or within 20 days of the final inspection. If the clearing is not followed by timely development, erosion stabilization measures shall be completed immediately.

(4) The removal of vegetation will be kept to a minimum. [Ord. 93 § 5.7.6, 1987].

17.320.070 Bond and surety, cash, or security deposit.

The public works and development department may require, as a condition to the granting of a permit, that the applicant furnish a performance bond to the city to secure the obligation to complete the work in accordance with the terms of the permit. The amount of the assurances shall be established by resolution of the city council and shall be paid prior to the issuance of any permits by the city. The bond or deposit shall:

(1) Be conditioned upon the final approval and acceptance of the work.

(2) Provide for a minimum two-year warranty period from the date of final acceptance by the city.

(3) Be forfeited to the city if the applicant does not complete the requirements within the agreed-upon time limit, or if the applicant has created a hazard causing imminent danger to the public health and safety within or adjacent to the development which the developer is financially unable to correct.

(4) Cover any costs, attorneys’ fees, and liquidated damages resulting from delay or failure to meet the deadline. [Ord. 93 § 5.7.7, 1987].

17.320.080 Appeal.

Any decision of the staff may be appealed to the planning commission in accordance with Chapter 17.305 CBMC. [Ord. 93 § 5.7.8, 1987].