Division IV. Land Alteration, Clearing and Grading
Chapter 19.65
LAND ALTERATION, CLEARING AND GRADING
Sections:
19.65.070 Application requirements.
19.65.100 Permit requirements.
19.65.110 Application contents.
19.65.010 Issuing authority.
The Departments of Public Works and Community Development shall jointly issue all land disturbance permits. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1300)
19.65.020 Purpose.
This chapter is adopted for the following purposes:
A. To promote the public health, safety and general welfare of the citizens of Ferndale;
B. To recognize and protect the City’s physical, natural and aesthetic character by preventing indiscriminate removal or destruction of trees on undeveloped property;
C. To ensure that land alteration, clearing and grading are consistent with the property owner’s overall property objectives;
D. Where appropriate, to retain clusters of trees for noise, wind, or visual abatement or protection;
E. To achieve a balance between building and site planning practices and the preservation or enhancement of existing and historical natural features, while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures, interferences with utility lines and corridors, protection and preservation of views, and the realization of a reasonable enjoyment of property may require removal or reduction of trees or canopy cover;
F. To protect water quality;
G. To ensure that adequate methods of erosion control are utilized in the development of property;
H. To retain clusters of trees and native vegetation where practical;
I. To reflect the requirements of the Ferndale critical areas ordinance (Chapter 16.08 FMC), environmental policies (Chapter 16.04 FMC), stormwater control ordinance (Chapter 13.34 FMC), shoreline master program and other relevant regulations;
J. To ensure prompt development, restoration and replanting, and effective erosion control of property after land clearing through the use of phased development, stormwater best management practices, performance bonds, well-defined and enforced permit lifespans and requirements, and other reasonable controls;
K. To implement and further the City’s Comprehensive Plan; and
L. To enhance development opportunities within the City of Ferndale. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1301)
19.65.030 Definitions.
Words and phrases used in this chapter have the meaning set forth in this section. The definitions found within Chapter 16.08 FMC are hereby adopted by reference in their entirety as they are currently written or as they may be amended in the future. The definitions in RCW 76.09.020 of the State Forest Practices Act are hereby adopted by reference as now or hereafter amended for purposes of administration of forest practices within the City of Ferndale and shall apply in lieu of any conflicting definitions in this chapter.
A. “Blazing” means a permit-exempt activity consisting of minor nonvehicular cutting or removal of vegetation, including trees, shrubs or ground cover, sufficient for line-of-sight surveying, site investigation by qualified wetland specialists, and foot access trails to the extent that the site is not otherwise significantly disturbed.
B. “Certified arborist” shall be an individual certified by the International Society of Arboriculture with knowledge and experience in assessing and documenting trees and landscape vegetation for the purpose of condition and/or landscape appraisal.
C. “Clearing” means the destruction and removal of vegetation by manual, mechanical, or chemical methods.
D. “Conversion” means a forest practice involving the removal of trees to convert forest land to permanent non-forestry urban uses that results in residential, commercial, and/or industrial activities.
E. “Critical root zone (CRZ)” of most trees in general is equal to 12 inches radius for every one inch diameter of trunk. For example, a 10-inch trunk diameter tree has a CRZ of 10-foot radius or 20-foot diameter.
F. “Developed land” means (1) any individual lot or parcel, which may not be further subdivided, that is presently occupied by one or more buildings in usable condition; (2) any street or utility right-of-way that has been constructed to at least minimum City standards; (3) park lands that are currently managed and maintained for public use which include landscaped areas, trails or recreational facilities; (4) lands in public or private ownership which have been reserved for the purpose of wetland mitigation or preservation, stormwater treatment or detention, or similar uses.
G. “Development/land development” means any activity that requires federal, state, or local approval for the use or modification of land or its resource. These activities include, but are not limited to, subdivisions and short subdivisions; site plan review; binding site plans; planned residential developments; variances; shoreline substantial development; clearing activity; excavation; embankment; fill and grade work; activity conditionally allowed; and building or construction.
H. “Development moratorium” means the denial by the City of Ferndale of all applications for permits or approvals for a period of six years as established in Chapter 76.09 RCW, including but not limited to building permits, site plan review approvals, right-of-way permits, subdivisions, conditional use permits, rezones, and variances on the subject property. Note the RCW uses the term “notice of conversion to non-forestry use.”
I. “Department” means the Community Development Department and Public Works Department.
J. “Director” means the Director of the Community Development Department and the Director of Public Works.
K. “Erosion control” means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation and ensure that sediment-laden water does not leave the site.
L. “Forest practices” means activities conducted on or directly pertaining to forest lands, regulated in Chapter 222-16 WAC or Chapter 76.09 RCW, relating to growing, harvesting, or processing timber. This includes but is not limited to: road and trail construction; harvesting, final and intermediate; precommercial thinning; reforestation; fertilization; prevention and suppression of diseases and insects; salvage of trees; and brush control.
M. “Forest practice” shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources.
N. “Grubbing” means the act of removing trees by the roots.
O. “Land development permit” means any land use or environmental permit or license including but not limited to preliminary or final plat for a single-family residential project, a building permit, site plan, preliminary or final planned residential development plan, variance, or conditional use permit.
P. “Land disturbing activity” means any activity that results in a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography. Land disturbing activities include, but are not limited to, clearing, grading, filling, and excavation. Compaction that is associated with stabilization of structures and road construction shall also be considered a land disturbing activity.
Vegetation maintenance practices, including landscape maintenance and gardening, are not considered land disturbing activity. Stormwater facility maintenance is not considered land disturbing activity if conducted according to established standards and procedures.
Q. “Land disturbance permit” (LDP, clearing, grading permit) means the permit issued by the City of Ferndale authorizing land disturbing activities and associated clearing activities (where applicable), including conditions of approval, time limitations for completion and associated fees.
R. “Landscape appraisal” is the appraisal of trees using the methods outlined in the most recent guide for plant appraisal for the purpose of establishing monetary value and/or compensation for the loss of same.
S. “Proposed or anticipated development” means any of the activities included under “development/land development.” In addition, it includes clearing activities on lots created through development processes submitted after the effective date of this chapter for a period of time consistent with the provisions of RCW 58.17.170.
T. “SEPA” means the State Environmental Policy Act.
U. “Sensitive area” means wetlands and critical areas regulated by Chapter 16.08 FMC, and lands subject to the City’s shoreline master program.
V. “Subdivision” means standard subdivisions as defined under FMC 17.08.210, short subdivisions as defined under FMC 17.08.190, and binding site plans as defined by FMC 17.08.020 and as set forth under Chapter 17.36 FMC.
W. “Tree(s)” means a woody plant having one erect perennial stem (trunk) at least six inches in diameter at a point four and one-half feet above the ground, a definitely formed crown of foliage, and a mature height of at least 13 feet.
X. “Undeveloped land” means: (1) any lot or parcel not presently occupied by one or more buildings over 200 square feet in usable condition; (2) any lot or parcel which may be further subdivided; (3) any street or utility right-of-way which is not currently opened and constructed to minimum City standards. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1302)
19.65.040 Applicability.
A. No person, organization, group, corporation, or other legal entity shall engage in or cause land clearing or land disturbing activity without having obtained a land disturbance or clearing permit from the Public Works Director or designee unless exempt from such permits as set forth in this chapter.
B. Applies to all properties within Ferndale with exceptions listed in FMC 19.65.060.
C. In the event of a conflict between this chapter and any other ordinance, resolution or development regulation or standard adopted by the City, codified or not codified, that sets forth policy or criteria for land clearing, forest practices, or land disturbing activity, the more stringent code shall apply.
D. Additional permits may be required if the activities are regulated by other chapters in the Ferndale Municipal Code, including, but not limited to, the Ferndale critical areas ordinance (Chapter 16.08 FMC), environmental policies (Chapter 16.04 FMC), stormwater control ordinance (Chapter 13.34 FMC), shoreline master program, International and Uniform Codes – Adoption and Enforcement (Chapter 15.04 FMC) and other relevant regulations including forest practice permits regulated by the Washington State Department of Natural Resources.
E. Permits and/or formal approval by the City is required for all work within critical areas and associated buffers, on sites with a high probability for archaeological discovery, or riparian habitat areas, with the exception of clearing or grading activity performed during a flooding emergency or natural disaster in an effort to protect life or property. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1303)
19.65.050 Administration.
The Director or designee is authorized to enforce all provisions of this chapter, except as otherwise noted. The following requirements shall apply to all nonexempt land clearing:
A. No nonexempt land clearing may be approved within the City of Ferndale until:
1. A site or clearing plan has been approved;
2. SEPA review of the project has been completed, including the issuance of a final environmental impact statement, if required by applicable laws;
3. A proposal to avoid or mitigate impacts to sensitive critical areas and/or shoreline areas has been approved by the City of Ferndale and/or other state and federal agencies following submittal of a critical areas review pursuant to Chapter 16.08 FMC, if required by applicable laws;
4. Best management practices are in place to ensure proper temporary erosion and sediment control and other applicable construction stormwater pollution prevention element considerations per Minimum Requirement No. 2 in currently adopted Department of Ecology Stormwater Management Manual for Western Washington;
5. If required, a forest practices permit issued by the Washington State Department of Natural Resources; and
6. Compliance with all other submittal requirements as contained in FMC 14.07.050 has been demonstrated.
B. The City may issue a clearing permit for the one-time clearing of up to one-half acre of land (21,780 square feet) on one legal lot of record, if no future development activity is identified; provided, that the requirements of subsection (A) of this section are met.
C. The City may issue a clearing permit for the clearing of more than one-half acre of land on one legal lot of record only when based on an approved site plan, preliminary plat, general or specific binding site plan, or short plat.
D. If the proposal conforms to the requirements of this chapter, the Director shall provide written authorization and notice to proceed. No regulated nonexempt land clearing activity shall be performed prior to issuance of this authorization.
E. Applications for clearing approval shall be processed as Process 1 decisions and follow the procedures in Chapter 14.09 FMC. Such approval and notice to proceed may be granted at the same time or after the underlying permit is granted. Approved clearing plans shall not be amended without authorization of the Director or designee.
F. A land clearing permit may be suspended or revoked by the Director or designee because of incorrect information supplied, for any violation of the provisions of this or any other chapter, or when a Director determines that emergency or life safety conditions exist or may exist.
G. Time Limits. Land clearing/forest practices permits shall be valid for 180 days following the date of issuance, subject to one or more extensions that may be authorized by the Public Works Director at the written request of the applicant. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1304)
19.65.060 Exemptions.
Permits are required for all work within critical areas and associated buffers, riparian habitat areas, or areas within shoreline jurisdiction, with the exception of clearing or grading activity performed during a flooding emergency or natural disaster in an effort to protect life or property. Outside of these protected areas, the following exemptions shall apply:
A. Clearing. A clearing permit is required when any clearing of vegetation or trees is proposed on any parcel of land within the corporate limits of the City of Ferndale, except in the following instances:
1. The proposed activity disturbs less than 7,000 square feet.
2. Removal of up to four trees per calendar year on private, residential lots.
B. Land Disturbance. A land disturbance permit is required when any grading, filling or excavation is proposed on any parcel of land within the corporate limits of the City of Ferndale, except in any of the following instances:
1. Land disturbing activities associated with a building permit for a single-family dwelling and accessory structures on property located within an approved subdivision.
2. Land disturbing activities associated with a building permit for a single-family dwelling and accessory structures that are not within a recorded subdivision where the proposed disturbed site is one-half acre or less and gradients average less than 15 percent.
3. Total land disturbing activity less than 7,000 square feet in size and 50 cubic yards which:
a. Consists of inert fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical, or less than three feet in depth, for unconsolidated materials, and not intended to support structures; and
b. Does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical, or less than three feet in depth, for unconsolidated materials, and not intended to support structures, which does not exceed 50 cubic yards total on any one lot and does not alter a drainage course.
4. An excavation where no negative environmental impacts will result from such activity for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than four feet after the completion of such structure.
5. Activities in the City right-of-way as approved by a valid revocable encroachment permit.
6. Cemetery graves.
7. Refuse disposal sites controlled by other regulations.
8. Excavations for wells or tunnels.
9. Stripped and stockpiled topsoil and site preparation for the following: mining, quarrying, excavating, processing, stockpiling of rocks, sand, gravel, aggregate or clay, where established and provided for by law, and pursuant to the City of Ferndale zoning ordinance provided such operations do not affect the lateral support increase the stresses in or pressure upon any adjacent or contiguous property.
10. Exploratory excavation or blazing under the direction of soil engineers or engineering geologists; provided, that such excavation:
a. Is less than two feet in depth; or
b. Does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical, or less than three feet in depth, for unconsolidated materials, and less than 7,000 square feet in size, not intended to support structures, which does not exceed 50 cubic yards total on any one lot and does not alter a drainage course.
11. Miscellaneous land disturbing activity for the purposes of noncommercial gardening and yard maintenance resulting in disturbed areas less than one-half acre in size.
12. Removal of brush by hand for purposes of clean-up or survey including the removal of logs or diseased or leaning trees that represent a safety hazard; provided, that such activities have been determined to be exempt from the Forest Practices Act.
13. Any activities conducted by or through the City of Ferndale flood control program and/or improvement programs subject to the Shoreline Management Act that are designated as substantial development.
14. Maintenance of manmade stormwater facilities.
15. Exemption from permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of the City of Ferndale. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1305)
19.65.070 Application requirements.
Applications for clearing and/or land disturbing activities shall be submitted on forms prescribed by the Director of Public Works and shall contain the following information:
A. A general site (or, as applicable, clearing) plan approved by the Ferndale Community Development Department outlining the location of property boundaries, roads, building sites, areas to be cut, buffers, drainage ways, erosion control measures, streams, and wetlands. The plan shall be at a minimum scale of one inch equals 100 feet and include contour lines at appropriate intervals.
B. Stormwater site plan in accordance with Chapters 13.34 (Stormwater Control), 19.45 (Stormwater Management System Design) and 19.50 FMC (Materials and Installation Standards).
C. A temporary erosion and sediment control plan in accordance with Chapter 19.45 FMC (Stormwater Management System Design).
D. Other proposed mitigation efforts as required by the City.
E. A statement declaring the type, scale and schedule of future development plans.
1. The City reserves the right to reject applications for land disturbing activity or clearing projects when no future development plans are identified.
F. Permits or approvals from state or federal agencies related to the proposed activity.
G. Demonstration of compliance with the requirements of FMC 19.65.050.
H. Additional information may be requested from the applicant on a case-by-case basis. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1306)
19.65.080 General provisions.
A. All clearing and grading design and construction shall comply with this code and all Ferndale Municipal Code provisions. In case of conflict the more stringent code shall apply.
B. All clearing and grading design and construction activity shall comply with the City of Ferndale Development Standards as they are currently written and as they may be amended in the future.
C. No clearing or grading activity may occur within a critical area, critical area buffer or shoreline area without specific approval for this activity. Impacts to such areas, including surface waters and groundwater recharge areas, shall be minimized.
D. Projects shall be phased to the maximum degree practical to account for seasonal limitations, to reduce areas of exposed soils and to aid in the stabilization of disturbed areas. The Public Works Director shall have the authority to require a phased land clearing plan and to extend the active life of a permit when necessary to avoid impacts. The Director shall have the authority to require that complete civil drawings be approved by the City prior to allowing clearing or land disturbing activity to commence as a first phase of a project.
E. Dust from clearing activities shall be minimized at all times. Impervious surfaces on or near the construction area shall be swept, vacuumed, or otherwise maintained to suppress dust entrapment. Any dust suppressants used shall be approved by the Director or designee. Petrochemical dust suppressants are prohibited. Watering the site to suppress dust is also prohibited unless it can be done in a way that keeps sediment out of the stormwater system.
F. Native soil (duff and topsoil) should be stockpiled and reapplied to cleared areas where feasible.
G. A safety fence may be required around clearing and grading activities on a project site.
H. It shall be the responsibility of both the permittee and the property owner to advise the City immediately of any discrepancies, modifications, hazardous conditions or problems affecting the safety and stability of the project.
I. For grading activities, it shall be the responsibility of the applicant to demonstrate that any fill materials meet the standard for the intended future use. Material to be placed in areas of future building sites shall be structural fill material tested and approved by a licensed geotechnical engineer prior to placement. Additional testing and/or documentation may be required as deemed necessary by the City of Ferndale.
J. For grading activities, the ground surface shall be prepared to receive fill by removing vegetation, topsoil and other unsuitable materials, and scarifying the ground to prove a bond with the fill material. Fill material shall not include organic, frozen or other deleterious materials. No rock or similar irreducible materials greater than 12 inches in any dimension shall be included in fills. In areas of designated structural fills ground surface/subgrade preparation as noted above must be observed, verified, and approved by a licensed geotechnical engineer prior to placement of fill material. Additional testing or documentation may be required as deemed necessary by the City of Ferndale.
K. For grading activities, all fill material shall be compacted at a minimum to 90 percent of maximum density as determined by ASTMD 1557 modified proctor, in lifts not exceeding 12 inches in depth. Tests to determine the density of compacted fills shall be made on the basis of not less than one test per 7,000 square feet of compacted area per two-foot vertical lift. Means and methods to achieve compaction requirements may vary due to the material being used therefor, placement/lifts, method of density testing, and frequency of testing will be done so under the direction of a licensed geotechnical engineer and/or as approved by the City. In no circumstances will tests to determine the density of compacted fills be done in less than one test per 7,000 square feet of compacted area per two-foot vertical lift. Additional testing and/or documentation may be required at the direction of the City Inspector.
L. For grading activities, compaction of temporary stockpile fills shall not be required except where the building official determines that compaction is necessary as a safety measure.
M. For clearing activities, slash from clearing should be chipped and used in native vegetation areas on the site within one year of the clearing activity.
N. For clearing activities, debris and log storage shall be maintained in an approved area away from critical areas and adjacent properties, and shall be removed within one year of clearing. If impacts to critical areas or adjacent properties cannot be avoided, the applicant shall remove debris and storage within 30 days of clearing activities.
O. For clearing activities in close proximity to tree retention or protection areas, the applicant shall be required to establish fencing or other protective measures to protect remaining specimens.
P. The City may require, as a condition of the granting of a permit, that the applicant furnish a performance bond, cash guarantee or other financial security to the City to secure the applicant’s obligation.
Q. The City reserves the right to require other reasonable measures to ensure that the objectives of this title and other City ordinances are met. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1307)
19.65.090 Setbacks.
A. When required by the City, property location and approved setbacks must be established and stakes set under the supervision of a registered land surveyor when grading activities occur that are regulated under this chapter. Those stakes must be maintained in place until final inspection of work so that the Inspector can determine at any time if the excavation is properly located as related to property lines.
B. The setback at the top of a cut slope shall not be less than five feet, or that setback necessary to accommodate any required interceptor drains, whichever is greater.
C. The toe of a slope distance to property and easement lines shall meet the requirements of IRC R403.1.7 and/or Note (3)(c) to the table in FMC 19.10.030(C), as required by the City of Ferndale Public Works Director.
D. The top or toe of a slope distance to a structure shall not be less than 10 feet.
E. The City reserves the right to require additional analysis at the cost to the applicant when the Public Works Director, Community Development Director or Building Official believes that there is a reasonable likelihood that proposed clearing or land disturbing activities will result in erosion or other impacts to adjacent properties. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1308)
19.65.100 Permit requirements.
Land disturbance permits issued for filling, grading and/or clearing shall be maintained in good standing pursuant to the following requirements:
A. All land disturbing activity shall be subject to these standards, the standards and specifications of Appendix J of the most recent edition of the International Building Code, the specifications contained in the state standard specifications and APWA standard specifications, the provisions of the critical areas ordinance, Chapter 16.08 FMC, and the standards and specifications of the currently adopted Washington State Department of Ecology Stormwater Management Manual for Western Washington.
B. Land disturbance permits, authorization, and exemption notices, or any other land use permit involving land disturbing activity, must be posted and clearly visible at the access to the site at all times.
C. All land disturbing activity as regulated by this title must be performed by an operator holding a valid Washington State contractors’ license. The license number must be posted with the permit as in subsection (B) of this section.
D. All land disturbing activity as regulated by this title must be performed by an operator holding a valid City of Ferndale business license.
E. The permit shall become null and void if the authorized work is not commenced within 180 days from the date of issuance, or if the authorized work is suspended or abandoned at any time after the work is commenced for a period of 180 days. One or more extensions for up to an additional 180 days each may be applied for in writing only, and only prior to its expiration. The permit may, in writing, be suspended or revoked by the City whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of any ordinance or regulation or any of the provisions of these standards. Except for extreme hardship such as a natural disaster or serious illness, in no case shall a land disturbance permit remain valid for longer than 24 months.
F. The City must be notified 24 hours prior to starting and 24 hours prior to completion of the permitted land disturbing activity or clearing activity. Failure to do so may nullify the permit and subject the applicant to penalties pursuant to FMC 19.05.220.
G. Legal property boundaries of the subject property shall be established by a licensed land surveyor, and clearly flagged and marked on site prior to any land disturbing activity.
H. Buffers and setbacks required by this title shall be clearly marked and flagged on site prior to any land disturbing activity.
I. Temporary erosion and sediment control measures must be established per the approved plan and maintained throughout the duration of the land disturbance permit consistent with this chapter. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1309)
19.65.110 Application contents.
Land disturbance permit applications meeting the requirements of FMC 14.07.050(C) (Table 1: Land Use Submittal Requirements) shall be determined to be complete. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1310)
19.65.120 Enforcement.
Any persons conducting land disturbing activity work who are not required to obtain one of the permits and/or approvals specified in FMC 19.05.030 may nevertheless choose to submit information showing the extent and nature of the proposed work to the Public Works Director for approval and a statement of exemption.
Violations of this chapter shall be enforced pursuant to Chapter 1.12 FMC, and subject to the penalties contained therein. (Ord. 2088 § 1, 2019; Ord. 2007 § 1, 2017; Ord. 1999 § 2 (Exh. 2), 2017; Ord. 1978 § 1 (Exh. 7), 2016. DS § 1311)