A.

Clearing Permit. A clearing and grading permit shall be required for all regulated clearing activities and for all Class IV forest practices and all forest land conversions, except as exempted below:

1.

Removal of hazard trees and ground cover in emergency situations involving immediate danger to life or property, or substantial fire hazard as determined, if time permits, by a fire marshal or law enforcement officer on duty;

2.

Removal of hazard trees or ground cover that are dead or diseased, as adjudged by a qualified professional arborist, certified forester, or other professional approved by the public works director prior to removal;

3.

Removal of trees or ground cover on parcels already primarily occupied by a residence or other structure, or already devoted to some ongoing active beneficial use, where the purpose of removal is for general property or utility maintenance or landscaping, and not for new construction, is exempted from a clearing permit, but does require a certificate of appropriateness as outlined under CTC 16.13.110.B. When exempted, the owner is encouraged, but not required to, comply with the tree canopy retention goals of the Town outlined under CTC 16.20.075. This exemption does not apply, however, to the removal of any identified heritage tree.

4.

Public and private rights-of-way and easements being cleared in connection with town-approved engineering plans for funded and scheduled street improvements or utility installations, or for the maintenance of existing facilities;

5.

No separate permit may be required under this chapter if an application has been approved for a building permit, preliminary short plat, preliminary long plat, preliminary binding site plan, conditional use permit, or preliminary planned unit development. However, the requirements imposed by this chapter shall be incorporated as conditions in such approved permit, plat or development. Where such property is concerned, only areas where roads and common improvements are to be constructed can be cleared of trees and ground cover prior to final approval, and only then after preliminary approval has been granted and engineering plans for utilities and road construction have been approved by the Town.

6.

Pruning and maintenance of trees on private property. Pruning shall conform to the most recent version of the ANSI A300 Pruning Standards. Activities that result in the removal of more than twenty-five (25) percent of the live crown is not considered an acceptable pruning practice. ^[3]

B.

Grading Permit. A clearing and grading permit shall be required for all regulated grading activities. Grading activity shall be subject to the provisions of the current edition of the building code and the following additional requirements:

1.

A permit shall be required for:

a.

Any excavating or filling in excess of one hundred (100) cubic yards, separately or in conjunction, over the duration of the permitted operation. An environmental review is also required;

b.

Any excavation or filling of sensitive areas as defined in Chapter 16.34 of this title, "critical areas" of the Coupeville Development Regulations;

c.

Any property or activity subject to the jurisdiction of the Shoreline Management Act.

2.

A permit shall not be required for:

a.

Clearing and grading incidental to work covered by a building permit;

b.

Clearing and grading in public or private rights-of-way or easements done in connection with town-approved engineering plans for the construction of streets, drainage works, and other utilities and public works projects; or for the repair, replacement, or reconstruction of such facilities; subject, however, to the requirement that disposal of excavated material outside the project area must either occur at an approved public site, or at a private site for which the owner has obtained a valid permit from the appropriate jurisdictional entity;

c.

Limited clearing and grading conducted in association with exploratory excavations performed as a prerequisite for septic drain field approval;

d.

Clearing and grading incidental to the construction or repair of a bulkhead for the protection of an existing single-family residence, provided that the owner has an exemption from a shoreline management substantial development permit;

e.

Clearing and grading done in emergencies for the protection of life and private or public property.

C.

Upon the approval of a clearing and grading permit, the Town may authorize clearing and grading prior to the submittal of a development permit on an undeveloped lot in any single-family residential zone, in preparation for the future development of a single-family home, subject to the standard application requirements stated therein and the following conditions:

1.

The project complies with the tree canopy retention requirements of Section 16.20.075;

2.

A construction access is constructed in accordance with town standards;

3.

A conceptual development plan is submitted for the future development of the property and approved by the Town;

4.

The clearing and grading complies with the standards of Section 16.20.070 and all stumps and debris are removed from the site and the site is stabilized, open areas seeded with grass that matures at twelve (12) or less inches, and the site restored in accordance with Section 16.20.075;

5.

A watering plan is required for new plantings. The plan must provide for adequate watering of the newly installed trees for a minimum of three years; and

6.

At the discretion of the Town, a performance bond or other form of surety acceptable to the Town to guarantee survival of newly installed trees may be required.

(Ord. No. 688, § 2(Exh. B), 1-11-2011; Ord. No. 792, § 1(Exh. A), 3-12-2024)