Title 16
ENVIRONMENT

Chapters:

Division I. Environmental Policies

16.04 SEPA Procedures and Policies

16.05 Control of Erosion and Sedimentation of Waterways

16.06 Commute Trip Reduction

Division II. Shoreline Management

16.08 General Provisions

16.12 Definitions

16.14 Shoreline Environment Designations

16.16 General Regulations

16.20 Specific Use Regulations

16.24 Substantial Development Permits

16.28 Variances

16.30 Conditional Uses

16.32 Nonconforming Developments and Uses

16.36 Enforcement

Division III. Natural Resource Lands and Critical Areas

16.40 Resource, Wildlife and Hazard Area Regulation Framework

16.42 Agricultural Resource Lands

16.43 Right to Farm

16.44 Mineral Resource Lands

16.46 Wetlands Protection

16.48 Aquifer Recharge Area

16.50 Landslide and Erosion Hazard Area

16.52 Seismic Hazard Area

16.54 Volcanic Hazard Area

16.56 Wildlife Habitat Area

16.58 Flood Hazard Area

Division I. Environmental Policies

Chapter 16.04
SEPA PROCEDURES AND POLICIES

Sections:

16.04.010 Authority.

16.04.020 General requirements.

16.04.030 Additional definitions.

16.04.040 Designation of responsible official.

16.04.050 Lead agency determination and responsibilities.

16.04.060 Transfer of lead agency status to a state agency.

16.04.070 Additional timing considerations.

16.04.080 Categorical exemptions and threshold determinations – Purpose.

16.04.085 Categorical exemptions.

16.04.090 Use of exemptions.

16.04.100 Environmental checklist.

16.04.105 Repealed.

16.04.110 Mitigated DNS.

16.04.120 Environmental impact statement (EIS) – Purpose.

16.04.130 Preparation of EIS – Additional considerations.

16.04.140 Commenting – Purpose.

16.04.150 Repealed.

16.04.155 Public notice.

16.04.160 Designation of official to perform consulted agency responsibilities for the city.

16.04.170 Using existing environmental documents.

16.04.180 SEPA and agency decisions.

16.04.190 Substantive authority.

16.04.200 Notice – Statute of limitations.

16.04.210 Categorical exemptions.

16.04.220 Agency compliance.

16.04.230 Repealed.

16.04.235 Fees.

16.04.240 Forms – Adoption by reference.

16.04.250 Application of chapter 15.06 SMC.

16.04.260 Violation – Penalty.

16.04.010 Authority.

The city adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. This chapter contains the city’s SEPA procedures and policies. Hereafter the SEPA Rules, chapter 197-11 WAC shall be used in conjunction with this chapter. (Ord. 1261 § 1, 1984)

16.04.020 General requirements.

This section and SMC 16.04.030 through 16.04.060 of this chapter contain the basic requirements that apply to the SEPA process. The city adopts the following sections by reference:

WAC

197-11-020(3) Purpose.

197-11-030 Policy.

197-11-040 Definitions.

197-11-050 Lead agency.

197-11-055 Timing of the SEPA process.

197-11-060 Content of environmental review.

197-11-070 Limitations on actions during SEPA process.

197-11-080 Incomplete or unavailable information.

197-11-090 Supporting documents.

197-11-100 Information required of applicants.

197-11-158 GMA project review – Reliance on existing plans and regulations.

197-11-210 SEPA/GMA integration.

197-11-220 SEPA/GMA definitions.

197-11-228 Overall SEPA/GMA integration procedures.

197-11-230 Timing of an integrated GMA/SEPA process.

197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235 Documents.

197-11-238 Monitoring.

197-11-250 SEPA/Model Toxics Control Act integration.

197-11-253 SEPA lead agency for MTCA actions.

197-11-256 Preliminary evaluation.

197-11-259 Determination of nonsignificance for MTCA remedial actions.

197-11-262 Determination of significance and EIS for MTCA remedial actions.

197-11-265 Early scoping for MTCA remedial actions.

197-11-268 MTCA interim actions.

(Ord. 1831 § 1, 1998: Ord. 1261 § 2, 1984)

16.04.030 Additional definitions.

A. In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

1. “City” means the municipal corporation of the city of Sumner and all departments or divisions thereof.

2. “City council” means the city council of the city of Sumner.

3. “Department” means any division, subdivision or organizational unit of the city established by ordinance, resolution, rule or order.

4. “Early notice” means the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal.

5. “Ordinance” means the ordinance, resolution or other procedure used by the city to adopt regulatory requirements.

6. “Proponent” means an agency or private applicant proposing an action subject to SEPA.

7. “SEPA rules” means chapter 197-11 WAC adopted by the Department of Ecology as now or hereafter amended.

8. “Technical committee” means the technical committee of the city of Sumner as appointed by the mayor.

B. This subsection contains uniform usage and definitions of terms under SEPA. The city adopts the following sections by reference, as supplemented by WAC 173-806-040 and this chapter:

WAC

197-11-700 Definitions.

197-11-702 Act.

197-11-704 Action.

197-11-706 Addendum.

197-11-708 Adoption.

197-11-710 Affected tribe.

197-11-712 Affecting.

197-11-714 Agency.

197-11-716 Applicant.

197-11-718 Built environment.

197-11-720 Categorical exemption.

197-11-721 Closed record appeal.

197-11-722 Consolidated appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decision maker.

197-11-732 Department.

197-11-734 Determination of nonsignificance (DNS).

197-11-736 Determination of significance (DS).

197-11-738 EIS.

197-11-740 Environment.

197-11-742 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-748 Environmentally sensitive area.

197-11-750 Expanded scoping.

197-11-752 Impacts.

197-11-754 Incorporation by reference.

197-11-756 Lands covered by water.

197-11-758 Lead agency.

197-11-760 License.

197-11-762 Local agency.

197-11-764 Major action.

197-11-766 Mitigated DNS.

197-11-768 Mitigation.

197-11-770 Natural environment.

197-11-772 NEPA.

197-11-774 Nonproject.

197-11-775 Open record hearing.

197-11-776 Phased review.

197-11-778 Preparation.

197-11-780 Private project.

197-11-782 Probable.

197-11-784 Proposal.

197-11-786 Reasonable alternative.

197-11-788 Responsible official.

197-11-790 SEPA.

197-11-792 Scope.

197-11-793 Scoping.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying governmental action.

(Ord. 1831 § 2, 1998; Ord. 1642 § 1, 1994; Ord. 1261 §§ 3, 21, 1984)

16.04.040 Designation of responsible official.

For those proposals for which the city is the lead agency, the responsible official shall be the community development director.

A. For all proposals for which the city is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

B. The city shall retain all documents required by the SEPA rules (chapter 197-11 WAC) and make them available in accordance with chapter 42.17 RCW. (Ord. 1695 § 1, 1995: Ord. 1261 § 4, 1984)

16.04.050 Lead agency determination and responsibilities.

A. The department within the city receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

B. When the city is the lead agency for a proposal, the department receiving the application shall forward it to the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

C. When the city is not the lead agency for a proposal, all departments of the city shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the city may conduct supplemental environmental review under WAC 197-11-600.

D. If the city or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the city must petition the department of ecology for a lead agency determination under WAC 197-11-946 within a 15-day period. Any such petition on behalf of city may be initiated by the responsible official.

E. The city is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official that will incur responsibilities as the result of such agreement approves the agreement.

F. When the city makes a lead agency determination for a private project it shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. (Ord. 1642 §§ 2, 3, 1994; Ord. 1261 § 5, 1984)

16.04.060 Transfer of lead agency status to a state agency.

For any proposal for a private project where the city would be the lead agency and for which one or more state agencies have jurisdiction, the responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the city shall be an agency with jurisdiction. To transfer lead agency duties, the responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. (Ord. 1261 § 6, 1984)

16.04.070 Additional timing considerations.

If the city’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications. (Ord. 1695 § 2, 1995: Ord. 1261 § 7, 1984)

16.04.080 Categorical exemptions and threshold determinations – Purpose.

This section and SMC 16.04.085, 16.04.090, 16.04.100, and 16.04.110 of this chapter contain rules for deciding whether a proposal has a probable significant, adverse environmental impact requiring an environmental impact statement (EIS) to be prepared. This section and SMC 16.04.085, 16.04.090, 16.04.100, and 16.04.110 also contain rules for evaluating the impacts of proposals not requiring an EIS. The city adopts the following sections by reference:

WAC

197-11-300 Purpose of this part.

197-11-310 Threshold determination required.

197-11-315 Environmental checklist.

197-11-330 Threshold determination process.

197-11-335 Additional information.

197-11-340 Determination of nonsignificance (DNS).

197-11-350 Mitigated DNS.

197-11-355 Optional DNS process.

197-11-360 Determination of significance (DS/initiation of scoping.

197-11-390 Effects of threshold determination.

(Ord. 1831 § 3, 1998: Ord. 1671 § 1, 1995; Ord. 1642 § 4, 1994; Ord. 1261 § 8, 1984)

16.04.085 Categorical exemptions.

A. If a proposal fits within any of the provisions in WAC 197-11-800, the proposal shall be categorically exempt from threshold determination requirements except as follows:

1. The proposal is not exempt under WAC 197-11-908, environmentally sensitive areas.

2. The proposal is a segment of a proposal that includes:

a. A series of actions, physically or functionally related to each other, some of which are categorically exempt and some of which are not; or

b. A series of exempt actions that are physically or functionally related to each other, and that together may have a probable significant adverse environmental impact in the judgement of an agency with jurisdiction. If so, that agency shall be the lead agency, unless the agencies with jurisdiction agree that another agency should be the lead agency. Agencies may petition the Department of Ecology to resolve disputes.

For such proposals, the agency or applicant may proceed with the exempt aspects of the proposals, prior to conducting environmental review, if the requirements of WAC 197-11-070 are met.

3. The proposal is subject to the threshold requirements pursuant to another land use or environmental regulation in order to address site specific impacts which cannot be anticipated prior to the proposal.

B. An agency is not required to document that a proposal is categorically exempt. Agencies may note on an application that a proposal is categorically exempt or place such a determination in agency files. (Ord. 1671 § 2, 1995)

16.04.090 Use of exemptions.

A. Each department within the city that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

B. In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that as authorized in WAC 197-11-070:

1. A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

2. A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 1261 § 9, 1984)

16.04.100 Environmental checklist.

A. A completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate or other approval not specifically exempted in this chapter; except, a checklist is not needed if the city and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.

B. For private proposals, the city will require the applicant to complete the environmental checklist, providing assistance as necessary. For city proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

C. The city may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

1. The city has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. (Ord. 1261 § 10, 1984)

16.04.105 Complete application and 90-day time frame for threshold determinations.

Repealed by Ord. 1695. (Ord. 1642 § 5, 1994)

16.04.110 Mitigated DNS.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

2. Precede the city’s actual threshold determination for the proposal.

C. The responsible official should respond to the request for early notice within 15 working days. The response shall:

1. Be written;

2. State whether the city currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the city to consider a DS; and

3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D. As much as possible, the city should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

E. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the city shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:

1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, to remove all negative impacts, the city shall issue and circulate a DNS under WAC 197-11-340(2).

2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.

3. The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.

4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

F. Mitigated DNSs issued under either WAC 197-11-340(2), which requires a 14-day comment period and public notice, or WAC 197-11-355(5), which may require no additional comment period beyond the comment period on the notice of application.

G. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the city.

H. If the city’s decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3) (withdrawal of DNS).

I. The city’s written response under subsection C2 of this section shall not be construed as determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 1831 § 4, 1998; Ord. 1642 § 6, 1994; Ord. 1261 § 11, 1984)

16.04.120 Environmental impact statement (EIS) – Purpose.

This section and SMC 16.04.130 contain rules for preparing environmental impact statements. The city adopts the following sections by reference as supplemented by this section and SMC 16.04.130:

WAC

197-11-400 Purpose of EIS.

197-11-402 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-408 Scoping.

197-11-410 Expanded scoping.

197-11-420 EIS preparation.

197-11-425 Style and size.

197-11-430 Format.

197-11-435 Cover letter or memo.

197-11-440 EIS contents.

197-11-442 Contents of EIS on nonproject proposals.

197-11-443 EIS contents when prior nonproject EIS.

197-11-444 Elements of the environment.

197-11-448 Relationship of EIS to other considerations.

197-11-450 Cost-benefit analysis.

197-11-455 Issuance of DEIS.

197-11-460 Issuance of FEIS.

(Ord. 1261 § 12, 1984)

16.04.130 Preparation of EIS – Additional considerations.

A. Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and chapter 197-11 WAC.

B. The DEIS and FEIS or draft and final SEIS shall be prepared by city staff, the applicant or by a consultant selected by the city or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

C. The city may require an applicant to provide information the city does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the city may request under another ordinance or statute.) (Ord. 1261 § 13, 1984)

16.04.140 Commenting – Purpose.

This section and SMC 16.04.150 and 16.04.160 contain rules for consulting, commenting and responding on all environmental documents under SEPA, including rules for public notice and hearings. The city adopts the following sections by reference, as supplemented in this section and SMC 16.04.150 and 16.04.160:

WAC

197-11-500 Purpose of this part.

197-11-502 Inviting comment.

197-11-504 Availability and cost of environmental documents.

197-11-508 SEPA register.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

197-11-570 Consulted agency costs to assist lead agency.

(Ord. 1642 § 7, 1994; Ord. 1261 § 14, 1984)

16.04.150 Public notice.

Repealed by Ord. 1695. (Ord. 1642 § 8, 1994; Ord. 1261 § 15, 1984)

16.04.155 Public notice.

Public notice is required for all projects subject to the procedural requirements of this division. Notice shall be provided consistent with chapter 18.56 SMC and the Washington Administrative Code. (Ord. 1695 § 5, 1995)

16.04.160 Designation of official to perform consulted agency responsibilities for the city.

A. The responsible official shall be responsible for the preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

B. The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 1695 § 6, 1995: Ord. 1261 § 16, 1984)

16.04.170 Using existing environmental documents.

This section contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the city’s own environmental compliance. The city adopts the following sections by reference:

WAC

197-11-164 Planned actions – Definition and criteria.

197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption.

197-11-172 Planned actions – Project review.

197-11-600 When to use existing environmental documents.

197-11-610 Use of NEPA documents.

197-11-620 Supplemental environmental impact statement – Procedures.

197-11-625 Addenda – Procedures.

197-11-630 Adoption – Procedures.

197-11-635 Incorporation by reference – Procedures.

197-11-640 Combining documents.

(Ord. 1831 § 5, 1998: Ord. 1642 § 9, 1994; Ord. 1261 § 17, 1984)

16.04.180 SEPA and agency decisions.

This section and SMC 16.04.190 and 16.04.200 contain rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section and SMC 16.04.190 and 16.04.200 also contain procedures for appealing SEPA determinations to agencies or the courts. The city adopts the following sections by reference:

WAC

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

(Ord. 1261 § 18, 1984)

16.04.190 Substantive authority.

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B. The city may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in subsection D of this section and cited in the license or other decision document.

C. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in subsection D of this section and identified in writing in the decision document.

D. The city designates and adopts by reference the following policies as the basis for the city’s exercise of authority pursuant to this section:

1. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:

a. Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations,

b. Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings,

c. Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences,

d. Preserve important historic, cultural and natural aspects of our national heritage,

e. Maintain, wherever possible, an environment which supports diversity and variety of individual choice,

f. Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities, and

g. Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

E. The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

F. The city adopts by reference all policies of the city in its existing codes, ordinances and resolutions, as now existing or hereafter amended, including but not limited to: Sumner comprehensive plan, zoning code, International Building Code, International Fire Code, Uniform Plumbing Code, International Mechanical Code, Uniform Code for the Abatement of Dangerous Buildings, shoreline management master program, floodplain management code, subdivision code, six-year transportation improvement program, comprehensive transportation plan, stormwater comprehensive plan, water and sewer utility regulations, park and open space plan, comprehensive water plan, Washington State Ventilation and Indoor Air Quality Code, Washington State Energy Code, Uniform Housing Code, regulations for manufactured housing, downtown parking strategy, cemetery master plan, urban forestry strategy, urban design strategy, Sumner/Pacific Trails Plan, SEPA mitigation rate studies, East Main Street design strategy, and the Town Center Plan. (Ord. 2147 § 1, 2005: Ord. 2015 § 3, 2002: Ord. 1911 § 1, 1999; Ord. 1831 § 6, 1998; Ord. 1642 § 10, 1994; Ord. 1584 § 1, 1993; Ord. 1261 § 19, 1984)

16.04.200 Notice – Statute of limitations.

A. The city, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 1642 § 11, 1994; Ord. 1261 § 20, 1984)

16.04.210 Categorical exemptions.

The city adopts by reference the following rules for categorical exemptions:

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 1261 § 22, 1984)

16.04.220 Agency compliance.

This section and SMC 16.04.230 contain rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The city adopts the following sections by reference:

WAC

197-11-900 Purpose of this part.

197-11-902 Agency SEPA policies.

197-11-916 Application to ongoing actions.

197-11-920 Agencies with environmental expertise.

197-11-922 Lead agency rules.

197-11-924 Determining the lead agency.

197-11-926 Lead agency for governmental proposals.

197-11-928 Lead agency for public and private proposals.

197-11-930 Lead agency for private projects with one agency with jurisdiction.

197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936 Lead agency for private projects requiring licenses from more than one state agency.

197-11-938 Lead agencies for specific proposals.

197-11-940 Transfer of lead agency status to a state agency.

197-11-942 Agreements on lead agency status.

197-11-944 Agreements on division of lead agency duties.

197-11-946 DOE resolution of lead agency disputes.

197-11-948 Assumption of lead agency status.

(Ord. 1831 § 7, 1998: Ord. 1261 § 23, 1984)

16.04.230 Fees.

Repealed by Ord. 1695. (Ord. 1642 § 12, 1994; Ord. 1261 § 24, 1984)

16.04.235 Fees.

The fees for compliance with this division are established in chapter 18.56 SMC, Procedures for Land Use Permits. (Ord. 1695 § 8, 1995)

16.04.240 Forms – Adoption by reference.

The city adopts the following forms and sections by reference:

WAC

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of nonsignificance (DNS).

197-11-980 Determination of significance and scoping notice (DS).

197-11-985 Notice of assumption of lead agency status.

197-11-990 Notice of action.

(Ord. 1642 § 13, 1994; Ord. 1261 § 25, 1984)

16.04.250 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 31 (part), 1996)

16.04.260 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 31 (part), 1996)

Chapter 16.05
CONTROL OF EROSION AND SEDIMENTATION OF WATERWAYS

Sections:

Article I. Title, Purpose, and General Provisions

16.05.010 Title.

16.05.020 Purpose.

16.05.030 Applicability.

16.05.040 Applicability to governmental entities.

16.05.050 Exemptions.

16.05.060 Other laws.

Article II. Definitions.

16.05.070 Definitions generally.

16.05.080 Artificial slope.

16.05.090 Bond.

16.05.100 City council.

16.05.110 City engineer.

16.05.120 Civil engineer.

16.05.130 Clearing.

16.05.140 Construction.

16.05.150 Continuous construction.

16.05.160 Drainage.

16.05.170 Fee schedule.

16.05.180 Grading.

16.05.190 Land-disturbing activity.

16.05.200 Manual.

16.05.210 Notice of violation.

16.05.220 Peak flow.

16.05.230 Permanent sediment and erosion control plan.

16.05.240 Permittee.

16.05.250 Rough grading.

16.05.260 Sediment and erosion control devices.

16.05.270 Sediment and erosion control permit.

16.05.280 Sediment and erosion controls.

16.05.290 Slope grade.

16.05.300 Stabilize.

16.05.310 Steep slopes.

16.05.320 Subject property.

16.05.330 Temporary sediment and erosion control plan.

Article III. Permit Requirements and Procedures

16.05.340 Permit authority.

16.05.350 Sediment and erosion control permits – When required.

16.05.360 Permit applications.

16.05.370 Contents of application plans.

16.05.380 Permit and review fees.

16.05.390 Permit duration.

16.05.400 Permit modifications.

16.05.410 Display of approved permits.

Article IV. Standards and Criteria

16.05.420 Minimum requirements.

16.05.430 Clearing.

16.05.440 Grading.

16.05.450 Drainage.

16.05.460 Controls for other activities.

16.05.470 Additional requirements.

Article V. Repealed

Article VI. Inspections

16.05.480 Inspection requirements and schedules.

16.05.490 Routine and unscheduled inspections.

Article VII. Bonds and Liability Insurance

16.05.500 Sediment and erosion control bond.

16.05.510 Liability.

Article VIII. Enforcement – Variances

16.05.520 Nuisance.

16.05.530 –

16.05.570 Repealed.

16.05.580 Compromise settlement and disposition of suits.

16.05.590 Variances.

16.05.600 Repealed.

16.05.610 Application of chapter 15.06 SMC.

16.05.620 Violation – Penalty.

Article I. Title, Purpose, and General Provisions

16.05.010 Title.

These regulations shall be known as the city of Sumner “Sediment and Erosion Control Ordinance” and may be so cited. (Ord. 1529 § 1.1, 1991)

16.05.020 Purpose.

These regulations are adopted to:

A. Regulate all land-disturbing activity; to control accelerated erosion in order to prevent damage to public or private property; and to prevent sediment or sediment-related pollution of water and sedimentation of creeks, rivers, wetlands, and other water resources in the city; and

B. Establish the procedures through which these purposes can be fulfilled. (Ord. 1529 § 1.2, 1991)

16.05.030 Applicability.

The provisions of this chapter shall apply to all clearing and land-disturbing activity as defined in this chapter within the city. Stockpiling and application of other sediment producing materials as defined in this chapter are subject to provisions of SMC 16.05.460. (Ord. 1529 § 1.3, 1991)

16.05.040 Applicability to governmental entities.

All state and federal governmental entities shall be required to comply with the terms of this chapter when developing and/or improving land including, but not limited to, road building and widening within the city limits. (Ord. 1529 § 1.4, 1991)

16.05.050 Exemptions.

The following activities are exempt from the provisions of this chapter:

A. Land-disturbing activities that are currently under construction on the date the ordinance codified in this chapter is effective, have the necessary city and other governmental approvals to begin construction, and are under continuous construction until completion.

B. Proposed land-disturbing activities that currently have all of the necessary approvals to begin construction under the provisions of existing ordinances, provided that construction begins within one year of the effective date of the ordinance codified in this chapter, and that there is continuous construction on the subject property until completion of the project.

C. Common agricultural activities and uses including activities related to crop production, grazing, animal production or keeping, gardening, and clearing for crop or grazing use are exempt from the requirements of the ordinance codified in this chapter except pursuant to Section 5.2.¹ (Ord. 1529 § 1.5, 1991)

16.05.060 Other laws.

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

B. Neither these regulations nor any administrative decision made under it:

1. Exempts the permittee from procuring other required local, state and federal permits or complying with the requirements and conditions of such permits; or

2. Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for the relief or damages against the permittee arising from the permitted activity. (Ord. 1529 § 1.6, 1991)

Article II. Definitions.

16.05.070 Definitions generally.

For the purpose of this chapter, certain words and terms used in this chapter are defined as set out in this article. (Ord. 1529 § 2.0, 1991)

16.05.080 Artificial slope.

“Artificial slope” means a human made construction of inclined earth which is

designed to perform a specific function in a project or graded area not including pre-existing slopes or man made slopes altered through natural processes such as erosion. (Ord. 1529 § 2.1, 1991)

16.05.090 Bond.

“Bond” means a surety bond, assignment of funds, or irrevocable bank letter of credit to guarantee all work is done in compliance with all applicable city requirements. (Ord. 1529 § 2.2, 1991)

16.05.100 City council.

“City council” means the publicly elected body of local representatives for the incorporated city of Sumner, Washington vested with the power to enact and repeal local laws, regulations, rules, policies, and procedures. (Ord. 1529 § 2.3, 1991)

16.05.110 City engineer.

“City engineer” means the directing engineer for the city. Any act in this chapter requiring the authorization of the city engineer may be done by an authorized employee of the engineering department. (Ord. 1529 § 2.4, 1991)

16.05.120 Civil engineer.

“Civil engineer” means a professional engineer registered in the state of Washington to practice in the field of civil engineering. (Ord. 1529 § 2.5, 1991)

16.05.130 Clearing.

“Clearing” means the removal of vegetation from a site in such a manner as to affect the erosive potential of the soils on a site. (Ord. 1529 § 2.6, 1991)

16.05.140 Construction.

“Construction” means the implementation of all land-disturbing activities. (Ord. 1529 § 2.7, 1991)

16.05.150 Continuous construction.

“Continuous construction” means an orderly sequential construction with no significant delays due to factors within the control of the permittee. (Ord. 1529 § 2.8, 1991)

16.05.160 Drainage.

“Drainage” means water originating from rainfall or other precipitation which is transmitted downhill through sheet flow, rivulets, channels, drainage ditches, pipes, creeks, streams, and rivers. (Ord. 1529 § 2.9, 1991)

16.05.170 Fee schedule.

“Fee schedule” means the list of charges, to permittees or other persons, established by the city council to reimburse the city for time spent in review of permit applications and inspection of potential or actual violations of law. (Ord. 1529 § 2.10, 1991)

16.05.180 Grading.

“Grading” means movement of earth requiring the removal of most or all of the existing vegetation and in sufficient quantities to alter the natural topography and general character of a site. (Ord. 1529 § 2.11, 1991)

16.05.190 Land-disturbing activity.

“Land-disturbing activity” means the clearing or removal of vegetation, or the movement of earth or other sediment producing materials which are in direct contact with the ground. (Ord. 1529 § 2.12, 1991)

16.05.200 Manual.

“Manual” means the 1990 version of the King County, Washington, Surface Water Design Manual by the King County department of public works. (Ord. 1529 § 2.13, 1991)

16.05.210 Notice of violation.

“Notice of violation” means the written document served to a permittee or other person subject to the provisions of this chapter which precedes all forms of enforcement actions including stop work orders, revocation of permits, and assessment of cumulative civil penalties. (Ord. 1529 § 2.14, 1991)

16.05.220 Peak flow.

“Peak flow” means the maximum surface water runoff rate (in cubic feet per second) determined for the two-year 24-hour storm. (Ord. 1529 § 2.15, 1991)

16.05.230 Permanent sediment and erosion control plan.

“Permanent sediment and erosion control plan” means an engineering plan showing all devices, controls, and measures which will be implemented after construction by the permittee to minimize erosion on the subject property and stabilize soils on a long term basis. (Ord. 1529 § 2.16, 1991)

16.05.240 Permittee.

“Permittee” means the person, corporation, or other private or governmental entity applying for or granted a sediment and erosion control permit or sediment and erosion control approval as a part of another permit. (Ord. 1529 § 2.17, 1991)

16.05.250 Rough grading.

“Rough grading” means the preliminary clearing and shaping of a site. (Ord. 1529 § 2.18, 1991)

16.05.260 Sediment and erosion control devices.

“Sediment and erosion control devices” means a mechanism or construction which is designed to either prevent erosion or remove suspended sediment from runoff and shall include but is not limited to silt fences, hay bales, brush barriers, gravel filter berms, inlet protection, sediment traps, sediment basins, mulching, matting, plastic covers, surface roughening, terracing, swales, rip rap, and gabions. (Ord. 1529 § 2.19, 1991)

16.05.270 Sediment and erosion control permit.

“Sediment and erosion control permit” means the city sediment and erosion control permit which is the official approval for land-disturbing activities. (Ord. 1529 § 2.20, 1991)

16.05.280 Sediment and erosion controls.

“Sediment and erosion controls” means all activities undertaken to limit erosion and remove suspended sediment from runoff and shall include but is not limited to all sediment and erosion control devices, vegetative buffers, grading phasing, seasonal construction, permanent vegetation establishment, and proper grading design. (Ord. 1529 § 2.21, 1991)

16.05.290 Slope grade.

“Slope grade” means the ratio of horizontal run to vertical fall on a slope and shall be expressed as a ratio or as a percentage of a one to one ratio. (Ord. 1529 § 2.22, 1991)

16.05.300 Stabilize.

“Stabilize” means to secure soil or deposited sediment so that the rate of erosion is minimized. (Ord. 1529 § 2.23, 1991)

16.05.310 Steep slopes.

“Steep slopes” means slopes which exceed 25 percent slope grade. (Ord. 1529 § 2.24, 1991)

16.05.320 Subject property.

“Subject property” means the tract of land which is the subject of the permit, and/or approval action, and/or inspection of violation, as defined by the full legal description of all parcels involved. (Ord. 1529 § 2.25, 1991)

16.05.330 Temporary sediment and erosion control plan.

“Temporary sediment and erosion control plan” means an engineering plan showing all devices, controls, and measures which will be implemented by the permittee to minimize erosion on the subject property and remove suspended sediment from site runoff during and immediately after the period of construction or other land-disturbing activity. (Ord. 1529 § 2.26, 1991)

Article III. Permit Requirements and Procedures

16.05.340 Permit authority.

The city engineer, or his/her designee, is the designated agent for the issuance of sediment and erosion control permits and approvals in the city. The city engineer shall have the authority to set administrative procedures and policies to carry out the purposes and intent of this chapter, related regulations, and policies. (Ord. 1529 § 3.1, 1991)

16.05.350 Sediment and erosion control permits – When required.

A. Sediment and erosion control permits must be obtained for the following activities:

1. Any proposed land-disturbing activity, fill, or cut involving more than 50 cubic yards of earth.

2. Any proposed clearing of greater than one acre of land.

B. Activities which must obtain the following permits and approvals shall be reviewed for an approval for sediment and erosion control regardless of the amount of land disturbed, but such activities shall not be required to obtain a separate sediment and erosion control permit if they do not fall under the requirements of subsection A of this section:

1. Building permit;

2. Street use and utility permit;

3. Conditional use permit;

4. Preliminary plat and short plat approvals;

5. Shoreline substantial development permit or shoreline substantial development permit exemption. (Ord. 1529 § 3.2, 1991)

16.05.360 Permit applications.

A. Application for sediment and erosion control permits must at a minimum contain the following information:

1. Application form;

2. Clearing and grading plan showing each phase of construction or with a separate construction phasing plan;

3. Construction schedule;

4. Temporary sediment and erosion control plan;

5. Permanent sediment and erosion control plan;

6. Environmental checklist consistent with the State Environmental Policy Act, unless exempt under state law;

7. On potential steep slopes, an area survey may be required by the city engineer;

8. Application fees.

B. The city engineer may require additional information before issuing a sediment and erosion control permit including but not limited to a soils engineering report and an engineering geology report. (Ord. 1529 § 3.3, 1991)

16.05.370 Contents of application plans.

Contents of plans shall be consistent with the requirements and examples cited in Chapter 5 of the manual including required written descriptions and calculations. Sediment and erosion control plans shall be prepared and all sediment and erosion control devices shall be designed by a civil engineer. Contents of soils engineering reports and engineering geology reports shall be determined on an individual basis by the city engineer. (Ord. 1529 § 3.4, 1991)

16.05.380 Permit and review fees.

A non-refundable permit fee shall be collected at the time the application for a sediment and erosion control permit is submitted. The permit fee shall provide for the cost of plan review, administration, management of the permitting process, and inspections of permitted activities. If unscheduled inspections are required for a subject property other than those defined in SMC 16.05.480, city employees’ time for such inspections shall be charged to the permittee and/or other person subject to the provisions of this chapter on an hourly basis. The following schedule is hereby established:

Permit Fee Schedule
Sediment and Erosion Control Permits
	Plan	Sched-
Amount	Review	uled	Total
of	and	Inspec-	Permit
Fill/Cut	Permit	tions (3)	Fee
50 - 100 cy.	50.00	60.00	110.00
101 - 1000 cy.	100.00	90.00	190.00
1001 - 10,000 cy.	125.00	120.00	245.00
10,001 - 100,000 cy.	175.00	180.00	355.00
100,001 - and up	225.00	*	225.00+
Clearing Only
1 - 5 acres	25.00	60.00	85.00
5 - and up	50.00	90.00	140.00

*Inspections for very large sites will be based on the amount of time the inspections will take and will be assessed at a rate of $25.00 per hour.

Additional unscheduled inspections will also be assessed on an hourly basis at a rate of $25.00 per hour. (Ord. 1529 § 3.5, 1991)

16.05.390 Permit duration.

Sediment and erosion control permits expire one year after the date the permit was issued. The city engineer may extend the period once to an additional 180 days. The city engineer may require additional sediment and erosion controls as a condition of the extension if they are necessary to meet the provisions of this chapter. (Ord. 1529 § 3.6, 1991)

16.05.400 Permit modifications.

Modifications to the provisions of an approved sediment and erosion control permit must be submitted to the city and reviewed by the city engineer for compliance with this chapter. Substantial modifications, as determined by the city engineer, shall require additional permit fees and modification of the approved sediment and erosion control permit. Minor modifications can be approved by a letter of modification from the city engineer. (Ord. 1529 § 3.7, 1991)

16.05.410 Display of approved permits.

Approved sediment and erosion control permits shall be prominently displayed on the subject property at all times during the construction or other activity until completion of the construction or other activity, and the final inspection by the city engineer has taken place. (Ord. 1529 § 3.8, 1991)

Article IV. Standards and Criteria

16.05.420 Minimum requirements.

At a minimum, land-disturbing activities regulated by this chapter as defined in Article III shall comply with the standards and criteria contained in Chapter 5 of the manual and provisions contained in this chapter. When standards are in conflict, the most stringent provisions shall apply. (Ord. 1529 § 4.1, 1991)

16.05.430 Clearing.

In addition to the manual standards, all clearing activities regulated by this chapter as defined in Article III shall conform to the following standards:

A. The project shall be designed to minimize clearing.

B. All clearing limits shall be delineated and clearly flagged in the field prior to the commencement of any clearing or other construction.

C. From April 1st to October 31st, all cleared areas left undisturbed for more than one day shall be stabilized within 10 days, and from November 1st to March 31st, all cleared areas left undisturbed for more than 12 hours shall be stabilized immediately thereafter. Once construction is complete all cleared areas shall be permanently stabilized.

D. Sediment and erosion controls consistent with the manual shall be used on the subject property and shall be installed prior to the commencement of any clearing, grading, or other construction.

E. The subject property shall have only one construction entrance for clearing and grading operations which shall be protected to prevent severe disturbance of soils around the entrance and to prevent sediment transport onto paved surfaces.

F. Temporary sediment and erosion controls shall be maintained by the permittee so that design performance is ensured throughout the duration of the construction.

G. Permanent sediment and erosion controls must be established and be in operation as designed within 30 days of the completion of construction. Temporary sediment and erosion controls shall be removed from the subject property within 30 days after permanent stabilization is achieved. (Ord. 1529 § 4.2, 1991)

16.05.440 Grading.

In addition to the clearing requirements of SMC 16.05.430 and the minimum requirements of SMC 16.05.420, grading activities regulated by this chapter pursuant to Article III shall conform to the following standards:

A. The project shall be designed to minimize changes in grade, cleared areas, and volumes of excavation or fill.

B. The maximum gradient on any artificial slope shall be two feet of horizontal run to one foot of vertical fall and shall be constructed so that erosion is minimized.

C. The permittee shall at all times protect adjacent private properties and public right-of-ways or easements from damage during grading operations. The permittee shall restore public and private property damaged by the project operations to conditions existing at the time of the issuance of the permit. (Ord. 1529 § 4.3, 1991)

16.05.450 Drainage.

All clearing and grading activities in addition to the requirements of SMC 16.05.430 and 16.05.440 shall make provisions for drainage during construction pursuant to the following requirements and those set forth in the manual.

A. Drainage facilities for the conveyance of runoff during construction shall be designed to discharge runoff in a natural and safe location.

B. Downstream properties shall be protected from erosion due to increases in volumes, rates, or peak flows of runoff due to the activities on the subject property. Conveyance structures, sedimentation basins, and traps shall be designed for volumes and rates of runoff from the two-year 24-hour storm without erosive damage to on-site drainage facilities.

C. All runoff from the subject property shall pass through sediment control devices as detailed in the manual before leaving the subject property. (Ord. 1529 § 4.4, 1991)

16.05.460 Controls for other activities.

If greater than 500 cubic yards of any material defined in subsection A of this section is used in any of the activities defined in subsections A and B of this section, then sediment and erosion controls shall be required. This standard is applicable to both existing and proposed activities with the usages defined in sub-sections A and B of this section, regardless of having to obtain permits or approvals under Article III. The applicable materials and activities are:

A. Stockpiling or open storage of topsoil, crushed rock, gravel, saw dust, mulch, bark, wood chips or similar materials.

B. Broadcasting or spreading of the materials defined in subsection A of this section.

The amount and type of sediment and erosion controls for these usages shall be determined by the city engineer on an individual basis. At a minimum these usages shall have properly installed and maintained silt fences, staked hay bales, or similar devices around the perimeter of the activity. (Ord. 1529 § 4.5, 1991)

16.05.470 Additional requirements.

The city engineer may require sediment and erosion controls in addition to those specifically stated in this chapter or in the manual if in the judgement of the city engineer the existing temporary or permanent controls are not sufficiently minimizing erosion and sedimentation of waterways. (Ord. 1529 § 4.6, 1991)

Article V. Steep Slope Erosion Controls²

Article VI. Inspections

16.05.480 Inspection requirements and schedules.

It is the responsibility of the permittee or his/her assignee to notify the city engineer at the completion of the following phases of work for inspections and for scheduling of future inspections:

A. Preconstruction Inspection. Prior to the commencement of any other work, the inspection of sediment and erosion control devices shall take place when installation of all the sediment and erosion control devices has been completed according to approved plans. Only the minimum area necessary for installation of the sediment and erosion control devices shall be cleared and/or graded prior to this inspection.

B. Rough Grading Inspection. When all rough grading is complete inspection of the site shall take place to determine the satisfactory functioning of all sediment and erosion control devices.

C. Final Inspection. Upon completion of all construction, inspection of the site shall take place to determine that all temporary sediment and erosion control devices have been removed and that the site has been permanently stabilized. (Ord. 1529 § 6.1, 1991)

16.05.490 Routine and unscheduled inspections.

Unscheduled inspections may be made by the city engineer in addition to routine scheduled inspections to enforce any of the provisions of this chapter, or wherever the city engineer has reasonable cause to believe that violations of this chapter are present or operating on a property or portions thereof. The city engineer may enter such premises at all reasonable times, for the purposes of inspection or to perform any duty imposed by this chapter; provided that, if such premises or portion thereof is occupied, he/she shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof, and demand entry. The city engineer may charge fees for such unscheduled inspections pursuant to SMC 16.05.380 and as set by the city council in the fee schedule. (Ord. 1529 § 6.2, 1991)

Article VII. Bonds and Liability Insurance

16.05.500 Sediment and erosion control bond.

Prior to approval of all sediment and erosion control permits and as a condition of the permit approval, the permittee shall post and maintain a cash sediment and erosion control bond. The sediment and erosion control bond shall be effective during the one-year period of the sediment and erosion control permit and shall be released after the completion of the final inspection and the approval of the city engineer. The sediment and erosion control bond shall provide sufficient funds to pay for damages due to design defects and/or failures in workmanship of sedimentation ponds or construction drainage devices and to guarantee repair of damages resulting from failure to provide adequate sediment and erosion controls. The cash bond shall be at least equal to the total estimated construction cost of the interim and permanent sediment and erosion control devices or $10,000 whichever is greater. (Ord. 1529 § 7.1, 1991)

16.05.510 Liability.

In addition to required bonds, all permittees or their contractors shall maintain a liability policy for the duration of the sediment and erosion control permit in the amount of not less than $500,000 for bodily injury liability (for each occurrence) and for not less than $500,000 for property damage liability (for each occurrence). Such insurance shall include the city of Sumner, its officers and employees as specifically named additional insureds, and shall not be reduced or canceled without 30 days’ written prior notice to the city. Permittees shall present the city with a certificate of insurance before the city shall approve a sediment and erosion control permit. The contractor shall also be licensed and bonded with the state of Washington during the course of the work. (Ord. 1529 § 7.2, 1991)

Article VIII. Enforcement – Variances

16.05.520 Nuisance.

Any condition or activity which violates the provisions of this chapter shall be unlawful and a public nuisance and may be abated as such through stop work orders, revocation of permits, and civil penalties, as well as any other remedies which are set forth in this chapter. (Ord. 1529 § 8.1, 1991)

16.05.530 Stop work orders.

Repealed by Ord. 1782. (Ord. 1529 § 8.2, 1991)

16.05.540 Revocation of permits.

Repealed by Ord. 1782. (Ord. 1529 § 8.3, 1991)

16.05.550 Notice of violation.

Repealed by Ord. 1782. (Ord. 1529 § 8.4, 1991)

16.05.560 Cumulative civil penalty.

Repealed by Ord. 1782. (Ord. 1529 § 8.5, 1991)

16.05.570 Additional remedies.

Repealed by Ord. 1782. (Ord. 1529 § 8.6, 1991)

16.05.580 Compromise settlement and disposition of suits.

The city engineer and the city attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise, or otherwise dispose of a lawsuit when to do so will be in the best interest to the city; provided that a report shall be submitted to the city council in any instance when a compromise settlement is negotiated. (Ord. 1529 § 8.7, 1991)

16.05.590 Variances.

The city engineer may grant a written variance from the provisions of this chapter. All variances must be reviewed and approved by the city council. The following criteria shall be considered when granting a variance:

A. There are unique circumstances applicable to the subject property or to the intended use, such as topography, location or surroundings, that do not apply generally to other properties or classes of use;

B. Such a variance is necessary for the preservation and enjoyment of a substantial property or class of use;

C. The granting of such variance will not be materially detrimental to the public welfare or injurious to the property, water quality, environment, habitat, or improvements in the vicinity;

D. The granting of such variance will not adversely affect any applicable comprehensive drainage or zoning plan;

E. The variance is the minimum necessary to afford relief. (Ord. 1529 § 9.1, 1991)

16.05.600 Appeals.

Repealed by Ord. 1782. (Ord. 1529 § 9.2, 1991)

16.05.610 Application of chapter 15.06 SMC.

The provisions of chapter 15.06 SMC shall apply to this chapter. (Ord. 1782 § 32 (part), 1996)

16.05.620 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to the penalty provisions of SMC 15.06.070 and 15.06.110. (Ord. 1782 § 32 (part), 1996)

Chapter 16.06
COMMUTE TRIP REDUCTION

Sections:

16.06.010 Definitions.

16.06.020 City of Sumner CTR plan.

16.06.030 Responsible city agency.

16.06.040 Applicability.

16.06.050 Notification of applicability.

16.06.060 Requirements for employers – CTR program description.

16.06.070 Requirements for employers – CTR program elements.

16.06.080 Requirements for employers – CTR program reporting.

16.06.090 Requirements for employers – Record keeping.

16.06.100 Repealed.

16.06.110 CTR program exemptions.

16.06.120 CTR goal modification.

16.06.130 Credit for transportation demand management efforts.

16.06.135 Credit for schedule changes.

16.06.140 Review schedule for CTR program descriptions and annual reports.

16.06.150 Enforcement.

16.06.160 Violations.

16.06.170 Penalties.

16.06.180 Appeals.

16.06.010 Definitions.

For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:

A. “Affected employee” means a full-time employee who begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months. Seasonal agriculture employees, including seasonal employees of processors of agricultural products, are excluded from the count of affected employees. Construction workers who work at a construction site with an expected duration of less than two years are excluded from this definition.

B. “Affected employer” means an employer that employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least 12 continuous months.

C. “Alternative commute mode” refers to any means of commuting other than that in which the single-occupant motor vehicle is the dominant mode. Teleworking and compressed work weeks are considered alternative commute modes if they result in the reduction of commute trips.

D. “Carpool” means a motor vehicle occupied by two to six people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle commute trip.

E. “Commute trip” means a trip that is made from a worker’s/student’s home to a worksite/school with a regularly scheduled work start time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.

F. “Commute trip reduction (CTR) plan” means the city of Sumner plan and ordinance to regulate and administer the CTR programs of affected employers.

G. “Commute trip reduction (CTR) program” means an employer’s strategies to reduce affected employees’ single-occupant vehicle (SOV) use and vehicle miles traveled (VMT) per employee.

H. “Commute trip reduction (CTR) task force guidelines” means the official guidelines of RCW 70.94.527 developed by the Washington State Commute Trip Reduction Task Force (RCW 70.94.537).

I. “Commute trip reduction (CTR) zone” means an area, such as a census tract or combination of census tracts, within the city characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of single-occupant vehicle commuting.

J. “Commuter matching service” means a system that assists in matching commuters for the purpose of commuting together.

K. “Compressed work week” means a full-time employee’s work schedule that allows an employee to eliminate at least one workday every two weeks by working longer hours serving the remaining days, resulting in fewer commute trips by the employee. Compressed work weeks are understood to be an ongoing arrangement.

L. “Custom bus/buspool” means a commuter bus service arranged specifically to transport employees to work.

M. “Day(s)” means calendar day(s).

N. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.

O. “Employee transportation coordinator” means a designated person who is responsible for administering the employer’s commute trip reduction program.

P. “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers.

Q. “Flex-time” means a flexible work schedule which allows the employee to choose their work time but not the number of their working hours to facilitate the use of alternative modes.

R. “Full-time employee” means a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week.

S. “Good faith effort” means that an employer has met the minimum requirements identified in RCW 70.94.531 and this chapter and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed-upon length of time.

T. “Implementation” or “implement” means active pursuit by an employer to achieve the CTR goals of RCW 70.94.521 through 70.94.551 and this chapter.

U. “Mode” means the means of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, compressed work weeks, teleworking, and walking.

V. “Newly affected employer” refers to an employer that is not an affected employer upon the effective date of this chapter but who becomes an affected employer subsequent to the effective date of this chapter.

W. “Proportion of single-occupant vehicle (SOV) trips” or “single-occupant vehicle (SOV) rate” means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period.

X. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

Y. “Single-occupant vehicle (SOV) trips” means trips made by affected employees/students in SOVs.

Z. “Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way.

AA. “Teleworking” means the authorization of an employee to work from home, satellite office or a teleworking center, thus eliminating a commute trip or reducing the distance traveled in a commute trip by at least half of the employee’s regular commute distance. Teleworking can include, but is not limited to, the use of telephones, computers, or other similar technology.

BB. “Transportation demand management (TDM)” means the use of strategies to reduce the use of single-occupant vehicles and vehicle miles traveled.

CC. “Transit” means a multiple-occupant vehicle operated on a shared-ride basis. This definition includes bus, ferry, rail, shared-ride taxi, or shuttle bus.

DD. “Transportation management organization (TMO)” or “transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMO may represent employers within specific city limits, or may have a sphere of influence that extends beyond the city limits.

EE. “Vanpool” means a vehicle occupied by seven to 15 people traveling together for their commute trip that results in the reduction of a minimum of one motor vehicle trip.

FF. “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by affected employers over a set period divided by the number of affected employees during that period.

GG. “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.

HH. “Weekday” means Monday, Tuesday, Wednesday, Thursday, or Friday.

II. “Writing”, “written”, or “in writing” means original signed and dated documents. Facsimile (fax) transmissions are a temporary notice of action that must be followed by the original signed and dated via mail or delivery.

JJ. “Zone base year” means the period from January 1, 1992, through December 31, 1992, on which goals for VMT per employee and proportion of SOV trips shall be based. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 1, 1993)

16.06.020 City of Sumner CTR plan.

The 1992 City of Sumner Commute Trip Reduction Plan set forth in Attachment A³ is wholly incorporated herein by reference. The plan includes the following:

A. Goals for reductions in the proportion of single-occupant vehicle commute trips and the vehicle miles travelled per employee.

B. Designation of commute trip reduction zones.

C. Identification of the reductions in the proportion of single-occupant vehicle commute trips and the vehicle miles travelled per employee for the commute trip reduction zones in the city.

D. Requirements for affected employers.

E. A commitment to develop a commute trip reduction program for employees of the city.

F. A commitment to review city parking policies.

G. Summary of the appeals process for affected employers to appeal the decisions of the city.

H. The methodology for determining the base year values for single-occupant vehicle use and vehicle miles travelled per employee.

I. A methodology for ensuring that employers receive credit for existing transportation demand management efforts.

J. A commitment to ensure consistency with neighboring jurisdictions.

K. Reference to appropriate administrative guidelines for review and analysis of commute trip reduction programs. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 2, 1993)

16.06.030 Responsible city agency.

The city human resources department will be responsible for implementing this chapter and the commute trip reduction plan. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 3, 1993)

16.06.040 Applicability.

A. Affected Employer. The provisions of this chapter shall apply to any affected employer at any single worksite within the limits of the city.

B. Change in Status as an Affected Employer. Any of the following changes in an employer’s status will change the employer’s CTR program requirements:

1. Becomes a Non-Affected Employer. If an employer initially designated as an affected employer no longer employs 100 or more affected employees and expects not to employ 100 or more affected employees for the next 12 months, that employer is no longer an affected employer. It is the responsibility of the employer to notify the city in writing that it is no longer an affected employer and provide supporting evidence.

2. Change in Status Within a 12-Month Period. If an employer drops below the threshold and then returns to the threshold level of 100 or more affected employees within the same 12 months, that employer will be considered an affected employer for the entire 12 months, and will be subject to the program requirements as other affected employers.

3. Change in Status After a 12-Month Period. If an employer drops below the threshold and then returns to the threshold level of 100 or more affected employees 12 or more months after its change in status to an “unaffected” employer, that employer shall be treated as a newly affected employer.

C. Newly Affected Employers.

1. Reporting Date. Newly affected employers must identify themselves to the city within 180 days of either moving into the boundaries of the city or growing in employment at a worksite to 100 or more affected employees. It is the responsibility of the employer to notify the city of its affected employer status. Newly affected employers who do not identify themselves within 180 days will be considered to be in violation of this chapter.

2. CTR Program Schedule. Newly affected employers shall have 180 days to develop and submit a CTR program. After submittal of the program, newly affected employers shall have 180 days to implement the CTR program.

3. CTR Goal Achievements. For the duration of chapter 70.94 RCW and from the time of affected employer status, newly affected employers shall have two years to meet the first CTR goal of 15 percent; four years to meet the second goal of 20 percent; six years to meet the third goal of 25 percent; and 12 years for the fourth goal of 35 percent. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 4, 1993)

16.06.050 Notification of applicability.

A. Publication Notice. The city shall publish a notice of availability of the CTR ordinance and plan. This notice shall be published at least once in the city’s official newspaper not more than 30 days after passage of the ordinance codified in this chapter. Any revisions to the requirements and criteria for affected employers shall meet the same notice requirements.

B. Notice to Known Affected Employers. Known affected employers located in the city will receive written notification that they are subject to this chapter. Such notice shall be by certified mail or delivery, return receipt, addressed to the company’s chief executive officer, senior official, or CTR manager at the worksite. Such notification shall be delivered a minimum of 150 days prior to the due date for submittal of their CTR program.

C. Self-Identification of Affected Employers. Employers that, for whatever reasons, do not receive notice within 30 days of passage of the ordinance codified in this chapter shall identify themselves to the city within 90 days of the passage of the ordinance codified in this chapter. Upon self-identification, such affected employers will be granted 180 days to develop and submit a CTR program. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 5, 1993)

16.06.060 Requirements for employers – CTR program description.

A. CTR Program Description. Affected employers must develop a CTR program for their employees within 180 days of the adoption of the ordinance codified in this chapter. Employers are required to make a good faith effort, as defined in RCW 70.94.531 and this chapter, to develop and implement a CTR program that will encourage its employees to reduce VMT per employee and SOV commute trips.

B. CTR Program Description Submittal Date. The CTR program description shall be submitted to the city within 180 days of the adoption of the ordinance codified in this chapter.

1. Extension. An employer may request additional time to submit a CTR program description. Such requests must be made in writing no less than 30 days before the due date for which the extension is being requested. Requests must be made by certified letter, return receipt. Extensions shall not exempt an employer from any responsibility in meeting program goals. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 6A, 1993)

16.06.070 Requirements for employers – CTR program elements.

A. Employee Transportation Coordinator. The employer shall designate a transportation coordinator to administer the CTR program. The coordinator’s name, location, and telephone number must be displayed prominently at each affected worksite. The coordinator shall oversee all elements of the employer’s CTR program and act as liaison between the employer and the city.

B. Information Distribution. Information about alternatives to SOV commuting shall be provided to employees at least once a year. Each employer’s program description and annual report must report the information to be distributed and the method of distribution.

C. CTR Program Elements. In addition to the specific program elements described above, the employer’s CTR program shall include, but are not limited to, one or more of the following:

1. Provision of preferential parking or reduced parking charges, or both, for high occupancy vehicles;

2. Instituting or increasing parking charges for SOVs;

3. Provision of commuter ride matching services to facilitate employee ride-sharing for commute trips;

4. Provision of subsidies for transit fares;

5. Provision of vans for vanpools;

6. Provision of subsidies for carpools or vanpools;

7. Permitting the use of the employer’s vehicles for carpooling or vanpooling;

8. Permitting flexible work schedules to facilitate employees’ use of transit, carpools, or vanpools;

9. Cooperation with transit providers to provide additional regular or express service to the worksite;

10. Construction of special loading and unloading facilities for transit, carpool, and vanpool users;

11. Provision of bicycle parking facilities, lockers, changing areas, and showers for employees who bicycle or walk to work;

12. Provision of a program of parking incentives such as rebate for employees who do not use the parking facilities;

13. Establishment of a program to permit employees to work part or full-time at home or at an alternative worksite closer to their homes;

14. Establishment of compressed work week schedules which reduces commute trips;

15. Implementation of other measures designed to facilitate the use of high-occupancy vehicles, such as on-site day care facilities and emergency taxi services. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 6B, 1993)

16.06.080 Requirements for employers – CTR program reporting.

A. Annual Reports. Annual reports shall be prepared by affected employer’s utilizing the official CTR employee annual report and program description form. The annual reports must include a review of employee commuting and of the progress toward meeting the SOV and average VMT reduction goals.

B. Due Date for Annual Reports. All annual reports shall be due to the city human resources department by the second Wednesday of December.

C. Surveying. Employers are required to survey their affected employees to measure progress toward CTR performance targets. Survey years are 1995, 1997, 1999, 2001, 2003, and 2005. Newly affected employees shall survey on an alternative schedule as outlined in SMC 16.06.040(C)(3). An employer’s survey of employees shall utilize the Washington State Department of Transportation form or submit city-approved equivalent data as set forth in the Washington State CTR Task Force Guidelines.

D. Extension. An employer may request additional time to submit an annual CTR program report. Such request shall be made in writing no less than 30 days before the due date for which the extension is being requested. Requests must be made by certified letter, return receipt. Extensions shall not exempt an employer from any responsibility in meeting program goals. Extensions granted due to delays or difficulties with any program element(s) shall not be cause for discontinuing or failing to implement other program elements. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 6C, 1993)

16.06.090 Requirements for employers –Record keeping.

Affected employers shall keep records related to the CTR program they implement. Employers shall maintain all records listed in their CTR programs for a minimum of 24 months. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 6D, 1993)

16.06.100 CTR goal modification.

Repealed by Ord. 1965. (Ord. 1587 § 7A, 1993)

16.06.110 CTR program exemptions.

A. Employer Exemptions. An affected employer may submit a request to the city to grant an exemption from all CTR program requirements or penalties for a particular worksite. The employer must demonstrate that it would experience undue hardship in complying with requirements of this chapter as a result of the characteristics of its business, its work force, or its location(s). An exemption may be granted if and only if the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy, and is unable to implement any measures that could reduce the proportion of SOV trips and VMT per employee. Exemptions may be granted by the city at any time based on written notice provided by the affected employer. The notice should clearly explain the conditions for which the affected employer is seeking an exemption from the requirements of the CTR program. The city shall review annually all employers receiving exemptions, and shall determine whether the exemption will be in effect during the following program year.

B. Employee Exemptions. Specific employees or groups of employees who are required to drive alone to work as a condition of employment may be exempted from a worksite’s CTR program. Exemptions may also be granted to employees who work variable shifts throughout the year and who do not rotate as a group to identical shifts. The city will use the criteria identified in the CTR Task Force Guidelines to assess the validity of employee exemption requests. They city shall review annually all employee exemption requests and shall determine whether the exemption will be in effect during the following program year. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 7B, 1993)

16.06.120 CTR goal modification.

A. Goal Modification. An affected employer may request that the city modify its CTR program goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is required to submit its CTR program description and annual report. The goal modification request must clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also demonstrate that it has implemented all of the elements contained in its approved CTR program. The city will review and grant or deny requests for goal modifications in accordance with procedures and criteria identified in the CTR Task Force Guidelines. An employer may not request a modification of the applicable goals until one year after the city approval of its initial CTR program description or annual report.

1. Minor Goal Modification. A five percent reduction (e.g., reducing the 1999 performance target from 25 percent to 20 percent) may be granted from the applicable SOV or VMT performance targets after considering all of the following factors:

a. Transit access to the site.

b. Frequency of transit service during peak periods.

c. Potential for internal ride-matching opportunities.

d. Potential for ride-matching with other employers in the area.

e. Access to the site for bicyclist and pedestrians.

f. Ability to implement compressed work weeks and/or teleworking.

g. ETC/employer participation in training sessions, events, promotions, and networking activities.

h. Utilization of services provided by the local jurisdictions, transit agencies, and IMAs.

2. Major Goal Modification. A 10-percent reduction may be granted from the applicable SOV or VMT performance targets (e.g., reducing the 1999 goal from 25 to 15 percent) if all of the following conditions apply:

a. No transit access within one-quarter mile of the site.

b. Limited potential for internal ride-matching opportunities.

c. No potential for ride-matching with other employers in the area.

d. No reasonable access to the site for bicycles and pedestrians.

e. Limited ability to implement compressed work weeks and/or teleworking due to characteristics of the business.

f. ETC/employer participation in training sessions, events, promotions, and networking activities.

g. Utilization of services provided by the local jurisdiction, transit agencies, and TMAs. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 7C, 1993)

16.06.130 Credit for transportation demand management efforts.

A. Credit for Transportation Demand Management Programs Implemented Prior to the Base Year. Employers with successful TDM programs implemented prior to the base year may be eligible to apply for a TDM program credit. If the employer’s VMT per employee and proportion of SOV trips are equivalent to a 12 percent or greater reduction from the base year CTR zone values when these employers apply for the TDM program credit in their initial CTR program descriptions, they shall be considered to have met the first CTR goals. This three percentage point credit applies only to the first CTR goals.

B. Process to Apply for TDM Program Credit. Affected employers may apply for program exemption credit by applying to the city in their initial program description as part of any other annual report. This application shall be made within 180 days of passage of the ordinance codified in this chapter or within 180 days of attaining status as an affected employer. Application shall include results from a survey of employees utilizing the Washington State Department of Transportation Employee CTR Survey Form or equivalent data as specified in the Washington State Commute Trip Reduction Task Force Guidelines.

C. Annual Reporting. Employers that apply for credit and whose VMT per employee and proportion of SOV trips are equal to or less than goals for one or more future goal years, and commit in writing to continue their current level of effort, shall be exempt from the requirements of this chapter except for the requirements to submit annual CTR program reports utilizing the city of Sumner CTR program report form as specified in SMC 16.06.090. If any of these reports indicate the employer does not satisfy the next applicable goal(s), the employer shall immediately become subject to all requirements of the CTR ordinance. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 8, 1993)

16.06.135 Credit for schedule changes.

A. Employers who have permanently modified their employees’ work schedules so that some or all affected employees are to begin work between 6:00 a.m. and 9:00 a.m. are provided credit when calculating SOV trips and VMT per employee (RCW 70.94.537(2)(I)). This credit is to be awarded if implementation of the schedule change was an identified element in a worksite’s approved CTR program, or if the schedule change occurred due to impacts associated with chapter 36.70A RCW, the Growth Management Act.

B. Credit. For every five employees whose schedules are changed in order to avoid a peak hour commute, a worksite will be credited with one full trip reduced.

1. Retroactive Credit. Any employer may apply for a retroactive credit for schedule changes implemented prior to the 1997 survey. Application for the retroactive credit shall be made in writing to the city within 180 days of becoming affected.

2. New Credit. At any time an employer may apply for new credit for schedule changes.

3. Application Process. The application must be submitted in writing. The credit application must include the following information:

a. An explanation of how the schedule change is related to provisions of the Growth Management Act of 1990 or a demonstration that the schedule change was an identified element of a previously approved annual report.

b. Shift Below 100 Affected Employees. Employers who shift below 100 affected employees are not affected as outlined in SMC 16.06.040(B)(1). (Ord. 1965 § 1 (part), 2001)

16.06.140 Review schedule for CTR program descriptions and annual reports.

A. Document Review. Within 90 days of receipt of an employer’s CTR program report form, the city shall provide the employer with written notification if a CTR program is deemed acceptable or unacceptable. If the CTR program is deemed unacceptable, the notification must give cause for the rejection. The city may extend the review period up to 90 days. If the review period is extended, the implementation date for the employer’s CTR program will be extended an equivalent number of days.

B. Request for Conference. Within 10 days of receipt of written notice for an unacceptable CTR program, the city or the employer may request a conference to discuss the city’s decision. This conference shall be scheduled during the city’s official hours.

C. Implementation of CTR Program Modifications. If the city proposed modifications to an affected employer’s CTR program due to the CTR program’s unacceptability, the affected employer shall have 30 days to submit a revised CTR program that includes the proposed modifications. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 9, 1993)

16.06.150 Enforcement.

A. Compliance. For purposes of this section, compliance shall mean fully implementing all provisions in an accepted CTR program.

B. Program Modification Criteria. The city shall use the following criteria in determining whether an affected employer shall be required to make modifications to its CTR program:

1. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and meets either or both the applicable SOV and VMT goals, the employer has satisfied the objective of the CTR plan and will not be required to modify its CTR program.

2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and this chapter, but has not met or is not likely to meet the applicable SOV or VMT goal, the city shall work collaboratively with the employer to make modifications to its CTR program. After agreeing on modifications, the employer shall submit a revised CTR program description to the city for approval within 30 days of reaching an agreement.

3. If an employer fails to make a good faith effort, as defined in RCW 70.94.534(2) and this chapter, and fails to meet either the applicable SOV or VMT reduction goal, the city shall work collaboratively with the employer to identify modifications to the CTR program and shall direct the employer to revise its program within 30 days to incorporate the modifications. In response to the recommended modifications the employer shall submit a revised CTR program description, including the requested modifications or equivalent measures, within 30 days of receiving written notice to revise its program. The city shall review the revisions and notify the employer of acceptance or rejection of the revised program. If a revised program is not accepted, the city will send written notice to that effect to the employer within 30 days and, if necessary, require the employer to attend a conference with program review staff for the purpose of reaching a consensus on the required program. A final decision on the required program will be issued in writing by the city within 10 working days of the conference. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 10A, B, 1993)

16.06.160 Violations.

The following constitute violations if the deadlines established in this chapter are not met:

A. Failure to develop and/or submit on time a complete CTR program by the applicable deadlines as stated in this chapter.

B. Failure to implement an approved CTR program by the applicable deadlines as stated in this chapter.

C. Failure to modify an unacceptable CTR program by the applicable deadlines as stated in this chapter.

D. Failure of an affected employer to identify itself to the city within 180 days of the effective date of this chapter.

E. Failure of a newly affected employer to identify itself to the city within 180 days of becoming an affected employer.

F. Failure to submit on time an annual CTR program report to the city.

G. Failure to maintain agreed upon CTR program records.

H. Intentionally submitting fraudulent, false, or bogus information, data and/or survey results.

I. Failure to survey in the goal years.

J. Failure to make a good faith effort as defined by RCW 70.94.534(4) and this chapter. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 10C, 1993)

16.06.170 Penalties.

No affected employer with an approved CTR program may be held liable for failure to reach the applicable SOV or VMT goals.

A. Civil Infraction. Any affected employer violating any provision of this chapter shall be guilty of a civil infraction, and subject to civil penalties pursuant to chapter 70.80 RCW.

B. Written Notice. Whenever the city makes a determination that an affected employer is in violation of this chapter, the city shall issue a written notice and order and send it certified mail or registered mail, return receipt requested, to the affected employer. The notice and order shall contain:

1. The name and address of the affected employer.

2. A statement that the city has found the affected employer to be in violation of this chapter with a brief and concise description of the conditions found to be in violation.

3. A statement of the corrective actions required to be taken. If the city has determined that corrective action is required, the order shall require that all corrective action be completed by a date stated in the notice.

4. A statement specifying the amount of any civil penalty assessed on account of the violation.

5. A statement advising that the order shall become final unless, no later than 10 days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the city hearing examiner.

C. Penalty Amount. The penalty for violation shall be $250.00 per day.

D. Penalty Accrual. Penalties will begin to accrue following the official date of notice from the city. In the event that an affected employer appeals the imposition of penalties, the penalties will not accrue during the appeals process. Should the hearing examiner decide in favor of the appellant, all or a portion of the monetary penalties will be dismissed.

E. Union Negotiations. An employer shall not be liable for civil penalties if failure to implement an element of a CTR program was the result of an inability to reach agreement with a certified collective bargaining agent under applicable laws where the issue was raised by the employer and pursued in good faith. Unionized employers shall be presumed to act in good faith if they:

1. Propose to recognized union any provisions of the employer’s CTR program that is subject to bargaining as defined by the National Labor Relations Act; and

2. Advise the union of the existence of the statute and the mandates of the CTR program approved by the city and advise the union that the proposal being made is necessary for compliance with state law (RCW 70.94.531). (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 10D, 1993)

16.06.180 Appeals.

A. Appeals. Any affected employer may appeal administrative decisions regarding modification of goals, modification of CTR program elements, and penalties to the city hearing examiner. Appeals shall be filed within 30 days of the administrative decision.

B. Criteria to Judge Appeals. The hearing examiner will evaluate employers’ appeals of administrative decisions by determining if the decisions were consistent with CTR law and task force guidelines. Appeals may be granted if the employer can show the violations for which the penalties were imposed occurred for reasons beyond the control of the employer, or the penalties were for the failure of the employer to revise its CTR program as directed by the city and the employer can demonstrate that measures the city directed the employer to incorporate in its CTR program are unlikely to reduce the proportion of SOV trips and/or VMT per employee.

C. Appeal to City Council. An affected employer may appeal any decision of the city hearing examiner to the city council. The city council will evaluate the employers’ appeals of the administrative decisions and the hearing examiner’s decision by determining if the decisions were consistent with the CTR Law, chapter 70.94 RCW, the Washington State Commute Trip Reduction Task Force Guidelines, and the city of Sumner CTR ordinance. (Ord. 1965 § 1 (part), 2001: Ord. 1587 § 11, 1993)

Division II. Shoreline Management

Chapter 16.08
GENERAL PROVISIONS

Sections:

16.08.010 Title.

16.08.020 Purpose.

16.08.030 Applicability of regulations.

16.08.040 Adoption of shoreline master program.

16.08.050 Relation of municipal code to the shoreline master program.

16.08.060 Amendments to the shoreline master program.

16.08.010 Title.

The ordinance codified in this division may be known and may be cited as the “Sumner shoreline master program regulations.” (Ord. 2089 § 1 (part), 2004)

16.08.020 Purpose.

This division is intended to comply with the Shoreline Management Act of 1971 (the Act). (Ord. 2089 § 1 (part), 2004)

16.08.030 Applicability of regulations.

The shoreline master program regulations are applicable to the shoreline, extending 200 feet from the high water mark of the White (Stuck) and Puyallup Rivers and their associated wetlands. (Ord. 2089 § 1 (part), 2004)

16.08.040 Adoption of shoreline master program.

The shoreline master program, dated November 17, 2003, is adopted as the shoreline master program for the city. (Ord. 2089 § 1 (part), 2004)

16.08.050 Relation of municipal code to the shoreline master progra