Chapter 12.28
CLEARING AND GRADING
Sections:
12.28.040 Permit or approval required.
12.28.060 Permit application – Requirements.
12.28.070 Permit application fee.
12.28.100 Permit – Expiration.
12.28.110 Permit – Amendment, suspension, revocation.
12.28.120 Application penalty fee.
12.28.130 Performance bond may be required.
12.28.150 Notification of completion.
12.28.180 Repealed.
12.28.190 Violation – Penalty.
12.28.010 Short title.
The following sections are added to the Fircrest municipal code to constitute and to be known as the “clearing and grading ordinance” of the city. These sections shall establish a new chapter to this title. (Ord. 968 § 1, 1990).
12.28.020 Purposes.
These regulations are adopted for the following purposes:
(a) To promote the public health, safety, and general welfare of the citizens of Fircrest without preventing the reasonable development of land;
(b) To encourage site development on public and private property and to encourage the cleaning, excavation, and filling performed in such a manner so as to minimize hazards to life, health, and property;
(c) To preserve and enhance the city’s physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees and ground cover;
(d) To minimize surface water runoff and diversion that may contribute to flooding;
(e) To reduce siltation in the city’s streams, lakes, storm sewer systems, and public roadside improvements;
(f) To reduce the risk of slides and the creation of unstable building sites;
(g) To promote building and site planning practices that are consistent with the city’s natural topography, soils, and vegetative features and, at the same time, to recognize that certain factors such as occurrence of disease, danger of fallings, proximity to existing and proposed structures and improvements, interferences with utility services, protection of scenic views, and realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover;
(h) To insure prompt development, restoration, replanting and effective erosion control of property after land clearing and grading;
(i) To implement the goals and objectives of the Washington State Environmental Policy Act;
(j) To implement and further the city’s comprehensive plan. (Ord. 968 § 2, 1990).
12.28.030 Definitions.
For the purposes of this chapter:
(a) “City” means the city of Fircrest, Washington.
(b) “Clearing” means any activity that removes the vegetative ground cover and/or trees, including, but not limited to, root mat removal and/or topsoil removal.
(c) “Excavation” means any digging, scooping or other methods of removing earth materials.
(d) “Filling” means any depositing or stockpiling of earth materials.
(e) “Grading” means any excavating or filling of earth materials or any combination thereof, including the land in its excavated or filled condition.
(f) “Ground cover” means types of vegetation that are normally terrestrial, including trees of less than six inches in diameter measured at four and one-half feet above the ground level.
(g) “Parcel” means real property with the boundaries of an ad valorem tax lot description as found in the Pierce County ad valorem tax records.
(h) “Tree” means a living, standing woody plant having a trunk or combination of trunks with a diameter of six inches or more, measured at four and one-half feet above the ground level. (Ord. 968 § 3, 1990).
12.28.040 Permit or approval required.
No person, corporation, or other legal entity shall engage in land clearing or grading in the city without having complied with one of the following:
(a) Having received a land clearing and grading permit from the planning/building director; or
(b) Having obtained approval of the proposed work under the processes described in FMC 12.28.060(a), subsequent to the adoption date of the ordinance codified in this chapter. (Ord. 1474 § 1, 2009; Ord. 968 § 4, 1990).
12.28.050 Exemptions.
The following shall be exempt from the provisions of this chapter:
(a) Routine agricultural activities such as plowing, harrowing, disking, ridging, listing, leveling, draining and similar operations to prepare a field or crop;
(b) Excavation for a septic tank, drainfield or well;
(c) Cemetery graves;
(d) An excavation or fill of less than 50 cubic yards of material that is less than two feet in depth or that does not create a cut or fill slope greater than five feet in height and steeper than two horizontal to one vertical;
(e) Routine landscape maintenance and minor repair;
(f) Emergency situations involving immediate danger to persons or substantial fire hazards, including removal of seriously diseased vegetation or trees;
(g) Clearing of up to 1,000 square feet where the existing land use is single-family residential. Only one exempt clearing or grading operation per site per year will be permitted;
(h) Except for subsections (a), (e) and (f) of this section, the exemptions set forth in this section will not apply in wetlands, unstable slope areas, or areas that are within 50 feet of the top of the natural bank of any stream;
(i) Clearing and grading associated with the construction of a single-family residence that has been issued a valid building permit. (Ord. 968 § 5, 1990).
12.28.060 Permit application – Requirements.
(a) An application for a land clearing permit is a Type II-B application in accordance with FMC 22.05.003 and shall be submitted on a form provided by the city. Accompanying such form shall be a general plot plan which shall include the following information:
(1) General vicinity map;
(2) Property boundaries indicating extent and location of proposed clearing and grading activities, and major physical features of the property (i.e., streams, ravines, etc.);
(3) Location and dimensions of buffer areas to be maintained or established, and location and description of proposed erosion-control devices or structures.
(b) Other information may be required in instances related to critical areas in accordance with Chapter 22.92 FMC et seq. (Ord. 1474 § 2, 2009; Ord. 968 § 7, 1990).
12.28.070 Permit application fee.
Application fees shall be as adopted by resolution of the Fircrest city council. (Ord. 1474 § 3, 2009; Ord. 968 § 8, 1990).
12.28.080 Permit – Issuance.
Upon receipt of an application, the planning/building director shall confer with other city personnel as may be appropriate, and shall make a decision within 14 days from the date of issuance of a notice of complete application, pursuant to FMC 22.06.004. (Ord. 1474 § 4, 2009; Ord. 968 § 9, 1990).
12.28.090 Permit notice.
Notice shall be provided in accordance with Chapter 22.07 FMC. (Ord. 1474 § 5, 2009; Ord. 968 § 10, 1990).
12.28.100 Permit – Expiration.
Any permit granted under this chapter shall expire one year from the date of issuance. Upon a showing of good cause, however, a permit may be extended by the planning-building director for one six-month period. (Ord. 1417 § 3, 2006; Ord. 968 § 11, 1990).
12.28.110 Permit – Amendment, suspension, revocation.
(a) Approved plans shall not be amended without authorization of the planning-building director. The planning-building director may suspend or revoke a permit whenever he determines that the act or intended act of clearing, grading, excavation or fill has become or will constitute a hazard to life and limb, will endanger property, or will adversely affect the safety, use or stability of public way, drainage channel, stream or surface water. The permit may also be suspended or revoked because of incorrect information supplied to the planning-building director or because of any violation of the provisions of this chapter.
(b) Upon receipt of notice in writing from the planning-building director, the applicant or other person or agent in control of said property shall, within the period specified therein, terminate such clearing and grading, excavation, embankment or fill, shall eliminate the same from the development plans or shall modify the plans, as may be required to eliminate the hazard and to be in conformance with the requirements of this chapter. The applicant shall also be required to take measures to correct damages caused to adjacent and/or downstream or upstream properties under the direction of the planning-building director. If such action is not taken within a reasonable period of time, the city shall perform the same and shall use the security provided by the applicant. (Ord. 1417 § 4, 2006; Ord. 968 § 12, 1990).
12.28.120 Application penalty fee.
An application penalty fee triple that assessed by FMC 12.28.070 shall be charged for any clearing conducted prior to issuance of a clearing and grading permit as required by this chapter. This application penalty fee shall be in addition to any penalty assessed under FMC 12.28.190. (Ord. 968 § 13, 1990).
12.28.130 Performance bond may be required.
(a) The planning-building director may require bonds in such form and for such amounts as may be deemed necessary to assure that the work will be completed in accordance with the permit. Bonds, if required, shall be furnished by the property owner, or other person or agent in control of the property.
(b) In lieu of a surety bond, the applicant may file a cash bond or instrument of credit with the planning-building director in an amount equal to that which would be required in the surety bond. The amount of such bond shall not exceed the estimated cost of the total restoration work planned. (Ord. 1417 § 5, 2006; Ord. 968 § 14, 1990).
12.28.140 Inspections.
All projects that include grading and clearing shall be subject to inspection by the planning-building director. The applicant shall grant to the planning-building director the reasonable right of entry onto the work site. In addition, special inspection of the grading operations and special testing shall be performed by qualified professionals employed by the applicant when so required by the planning-building director. (Ord. 1417 § 6, 2006; Ord. 968 § 15, 1990).
12.28.150 Notification of completion.
The applicant or his agent shall notify the planning-building director when the grading operation is ready for final inspection. Final approval shall not be given until all work, including the installation of all drainage facilities and their protective devices and all erosion-control measures, has been completed. (Ord. 1417 § 7, 2006; Ord. 968 § 16, 1990).
12.28.160 Variances.
(a) The hearing examiner shall hear and decide all requests to vary the conditions that have heretofore been established by this chapter.
(b) A written request for variance shall be made to the hearing examiner. It shall specifically state the section of this chapter to which the request applies, the hardship the variance is needed to correct, and the nature of the proposed project. Supporting documents, such as plot plans, geologic or hydraulic reports, and topographic details, may also be required.
(c) The hearing examiner, in making any favorable decision, shall state the facts and conclusions upon which the hearing examiner relied and shall make the hearing examiner’s decision upon the following criteria:
(1) The variance is necessary to overcome a particular hardship caused by special circumstances relating to the size, shape, topography or location of the subject property;
(2) The variance is in harmony with the intent and purposes of this chapter and with other relevant city ordinances;
(3) The variance shall not constitute a grant of special privilege that is inconsistent with the limitations placed upon other properties;
(4) The variance, if granted, will not result in harm or damage to other properties, waterways, or drainage facilities and will not otherwise be materially detrimental to the public welfare.
(d) Conditions may be imposed upon the granting of any variance. Unless otherwise specified, the granting of a variance shall be subject to all plans, specifications and conditions set forth in the application. (Ord. 1638 § 71, 2019; Ord. 968 § 17, 1990).
12.28.170 Appeal procedure.
Any person or persons aggrieved by an administrative action of the planning/building director under this title may, within 10 days of such action, file a notice of appeal setting forth the reasons for such an appeal. Appeals shall be processed in accordance with Chapter 22.05 FMC. (Ord. 1474 § 6, 2009; Ord. 968 § 18, 1990).
12.28.180 Relationship of chapter to Uniform Building Code.
Repealed by Ord. 1417. (Ord. 968 § 19, 1990).
12.28.190 Violation – Penalty.
(a) Violation of the provisions of this chapter or failure to comply with any of the requirements shall constitute a misdemeanor and shall be punishable by fine of not more than $1,000. Each day such violation is allowed to continue shall constitute a separate and distinct offense.
(b) Any person who commits, participates in, assists or maintains such violation may be found guilty of a separate offense and, if so found, may suffer the penalties as set forth in subsection (a) of this section.
(c) In addition to the penalties set forth in subsections (a) and (b) of this section, any violation of the provisions of this chapter may be declared to be a public nuisance and may be abated through proceedings for injunctive or similar relief in superior court or in any other court of competent jurisdiction.
(d) Upon determination that a violation of the provisions of this chapter has occurred, the planning-building director shall withhold issuance of building permits for the affected property until corrective action has been taken by the responsible party. However, if mitigating circumstances exist and reasonable commitments for corrective action have been made, the planning-building director may issue building permits. Such corrective action may include:
(1) Restoration of surface vegetation with plant material that is similar in character and extent to such plant material existing prior to the unauthorized clearing;
(2) Implementation of drainage and erosion control measures;
(3) Replanting of mature trees to replace those lost through unauthorized clearing. (Ord. 1417 § 9, 2006; Ord. 968 § 20, 1990).
12.28.200 Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held, ruled or determined invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion of this chapter and the application of the provisions to other persons or circumstances if not affected. (Ord. 968 § 21, 1990).