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Gig Harbor City Zoning Code

17.94 Land

Clearing

17.94.010 Short title.

This chapter shall be known and may be cited as the “land clearing code” of the city. (Ord. 709 § 1, 1996; Ord. 334 § 1, 1980. Formerly 16.44.010).

17.94.020 Purposes.

It is the purpose of this chapter:

A. To promote the public health, safety, and general welfare of the citizens of the city;

B. To preserve and enhance the city’s physical and aesthetic character by preventing indiscriminate removal or destruction of trees and ground cover on undeveloped and partially developed property;

C. To promote land development practices that result in a minimal disturbance to the city’s vegetation and soils;

D. To minimize surface water and ground water runoff and diversion and to prevent erosion and reduce the risk of slides;

E. To minimize the need for additional storm drainage facilities;

F. To retain clusters of trees for the abatement of noise and for wind protection;

G. To promote building and site planning practices that are consistent with the city’s natural topographical and vegetational features while at the same time recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover;

H. To reduce siltation and water pollution in the harbor;

I. To implement the goals and objectives of the Washington State Environmental Policy Act;

J. To implement and further the city’s comprehensive plan;

K. It is not the intent or purpose of this chapter to prevent the reasonable development of land in the city. (Ord. 1197 § 55, 2010; Ord. 709 § 1, 1996; Ord. 334 § 2, 1980. Formerly 16.44.020).

17.94.040 Applicability.

No person, corporation, or other legal entity shall engage in or cause removal or destruction of trees or ground cover from, or grade any undeveloped or partially developed land, public or private in the city without having obtained a land clearing permit. (Ord. 1197 § 56, 2010; Ord. 709 § 1, 1996; Ord. 334 § 4, 1980. Formerly 16.44.040).

17.94.050 Exemptions.

The following shall be exempt from the provisions of this chapter:

A. Type III project permit applications as defined in GHMC Title 19, site plan review applications pursuant to Chapter 17.96 GHMC, building permit applications and civil permit applications, as now or hereafter amended; provided, that land clearing on such projects shall take place only after approval by the city and shall be in accordance with such approval;

B. The installation and maintenance of fire hydrants, water meters, and pumping stations, and street furniture by the city or its contractors;

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

D. Removal of diseased, dead or dying trees upon written verification by a qualified arborist which states that removal of the trees is essential for the protection of life, limb, or property and which statement is filed with the code official;

E. Selective cutting or removal of trees or ground covers for purposes of general property and utility maintenance, landscaping or gardening; provided, that this exemption shall not apply to any land clearing which eliminates both trees and ground cover from 25 percent of the area of a lot or parcel of land; provided further, that said exemption shall not apply to cutting or removal which includes the use of a bulldozer, skidder, backhoe, or similar mechanical equipment for the purpose of cutting or removing of standing timber and the stacking or loading of trees or timber. This shall not be construed to eliminate the requirement of permits for land clearing for the purpose of developing the property with substantial permanent improvements such as roads, parking, driveways, utilities, or buildings. (Ord. 1347 § 60, 2016; Ord. 1197 § 57, 2010; Ord. 752 § 6, 1997; Ord. 709 § 1, 1996; Ord. 334 § 5, 1980. Formerly 16.44.050).

17.94.055 Land clearing permit review, approval and duration.

A. Applications for a land clearing permit shall be processed in accordance with the procedures established under GHMC Title 19 for a Type I project permit application.

B. Criteria of Approval. The director shall approve applications for a land clearing permit only if all of the following criteria are met:

1. The land clearing is consistent with the purposes of this chapter outlined in GHMC 17.94.020; and

2. The land clearing complies with Chapter 17.78 GHMC, Trees, Landscaping and Screening; and

3. The land clearing complies with Chapter 17.99 GHMC, Design Manual.

C. Duration of Approval and Expiration. Any permit granted hereunder shall expire one year from the date of issuance. Upon a showing of good cause, a permit may be extended for six months by the planning director. Approved plans shall not be amended without authorization of the planning director. The permit may be suspended or revoked by the planning director because of incorrect information supplied or any violation of the provisions of this chapter.

D. Failure to obtain a forest practice application, where applicable, with the stated intent of land conversion as defined in RCW 76.09.020(8) shall be grounds for denial of any and all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of the land for a period of six years, in accordance with RCW 76.09.060(3). (Ord. 1197 § 58, 2010).

17.94.060 Requirements for a complete application.

A complete application for a land clearing permit shall be submitted on the application form provided by the city, together with information required under GHMC Title 19 for a completed application, and including the following:

A. A plot plan containing the following information:

1. Date, north arrow and adequate scales as determined by the planning director;

2. Prominent physical features of the property including, but not limited to, topography, critical areas and watercourses;

3. General location, type, range of size, and condition of all trees and ground cover, including the species, size and accurate location of all healthy trees having a trunk diameter of at least six inches as measured 54 inches above grade within the property subject to the application;

4. Identification of trees and ground cover which are to be removed;

5. A topographic map of the property, delineating contours, existing and proposed, at no greater than five-foot intervals. The plan shall indicate all proposed cuts, fills and retaining wall heights;

6. Any existing improvements on the property including, but not limited to: structures, driveways, ponds, and utilities;

7. Information indicating the method of drainage and erosion control, and restoration of land during and following the clearing operation;

B. Identification of tree protection techniques. (Ord. 1197 § 59, 2010; Ord. 709 § 1, 1996; Ord. 334 § 6, 1980. Formerly 16.44.060).

17.94.070 Performance bond.

The planning director may require, as a condition to the granting of a permit, that the applicant furnish a performance bond to the city to secure the applicant’s obligation, after the approved land clearing has been accomplished, to complete the restoration and replanting of the property in accordance with the terms of his permit and within the term thereof. The bond shall be in an amount equal to the estimated cost of such restoration and replanting and with surety and conditions satisfactory to the planning director. (Ord. 709 § 1, 1996; Ord. 334 § 7, 1980. Formerly 16.44.070).

17.94.075 Appeals.

Appeals shall be in accordance with the administrative procedures established in GHMC Title 19. (Ord. 709 § 1, 1996; Ord. 334 § 8, 1980. Formerly 16.44.080).

17.94.080 Violation – Penalty.

Violations of this chapter shall be subject to the enforcement procedures and penalties established in Chapter 17.07 GHMC. (Ord. 709 § 1, 1996; Ord. 588 § 4, 1990; Ord. 460 § 11, 1985; Ord. 334 § 9, 1980. Formerly 16.44.090).