ORD 2003-16 CLEARING LAND PERMIT REQUIREMENT Ordinance Number 2003-16
An Ordinance of the City of Bainbridge Island, Washington,
establishing a permit requirement for clearing land and adding
a new chapter 15.18 of the Bainbridge Island Municipal Code.
WHEREAS, the City of Bainbridge Island Comprehensive Plan includes the goals of
preserving environmentally sensitive areas and protecting water resources; and
WHEREAS, land clearing can damage environmentally sensitive areas and cause
erosion that can harm water resources; and
WHEREAS, the City has regulations to protect critical areas and their buffers and
erosion control planning requirements, but no permit requirement for cleating that will allow
review of clearing activities; and
WHEREAS, the Office of Community Development has been notified the City's intent
to adopt this ordinance on March 5, 2003 in accordance with State law,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. A new chapter of Title 15.18 is added to the Bainbridge Island Municipal Code to
read as follows:
LAND CLEARING
15.18.010 Purpose This chapter is adopted for the following purposes
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 native soils structure and protect infiltration capacity;
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
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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 Island waters;
I. To implement the goals and objectives of the Washington State Environmental Policy
Act;
J. To implement and further the city's comprehensive plan; and
K. It is not the intent or purpose of this chapter to prevent the reasonable development of
land in the city.
15.18.020 Definitions.
~'Clearing" means the destruction or removal of vegetation by manual, mechanical, or chemical
methods.
15.18.030 Applicability.
A. No person, corporation, or other legal entity shall engage in or cause cleating in the City
without having obtained a land cleating permit fi:om the planning director or designee.
B. In the event of a conflict between the requirements of this chapter and any other requirement
of the Bainbridge Island Municipal Code the more restrictive requirement shall apply.
C. Additional permits may be required if the activities are regulated by other chapters such as,
but not limited, to BIMC 15.20,Surface and Stormwater Management; 16.20, Critical Areas; and
16.22, Vegetation Management.
15.18.040 Exemptions.
The following shall be exempt from the provisions of this chapter:
A. Clearing of up to six significant trees, as defined in BIMC 18.85, in any twelve month
period.
B. Clearing of up to 2500 square feet of land in any twelve month period.
C. Cleating as part of a development where clearing limits have been set and erosion control
plans approved as part of the approval for the development, provided that land clearing on in
connection with such projects shall take place only after a development permit has been issued
by the city and shall be in accordance with such permit;
D. The installation and maintenance of fire hydrants, water meters, and pumping stations,
and street furniture by the city or utility companies or their contractors;
E. Removal of trees and ground cover in emergency situations involving immediate danger
to life or property or substantial fire hazards;
F. Removal of diseased, dead or dying trees upon written verification by a qualified arborist
or landscape architect or landscape contractor which states that removal of the trees is essential
for the protection of life, limb, or property and which statement is filed with the Director;
G. Routine gardening and landscape maintenance of existing landscaped areas on developed
lots, including pruning, weeding, planting, and other activities associated with maintaining an
already established landscape;
H. Agricultural management of existing farmed areas.
I. Routine maintenance activities, including tree removal, required to control vegetation on
road and utility fights-of-way.
J. Forest practices regulated by the Department of Natural Resources under RCW 76.09.
15.18.050 General Requirements.
A. Submittal Requirements. A complete application for a land clearing permit shall be
submitted on the application form provided by the city, together with information required under
BIMC Chapter 15.20 for a completed application, and including the following:
1. A plot plan on a base map provided by the applicant or by the City containing the
following information:
a. Date of drawing or revision, north arrow, adjoining roadways and appropriate scales;
b. Prominent physical features of the property including, but not limited to, geological
formations, critical areas and watercourses;
c. General location, type, range of size, and conditions of trees and ground cover;
d. Identification by areas, of trees and areas of ground cover that are to be removed, and
information on how the trees or areas are delineated in the field;
e. Any existing improvement on the property including, but not limited to existing
cleared areas, structures, driveways, ponds, and utilities;
f. Information indicating the method of drainage and erosion control; during and
following the clearing operation; and
g. Information on how property lines are identified.
B. The planning director shall grant a clearing permit application if the application
meets the requirements of this chapter and all other relevant city codes, including but not
limited to chapters 15.20, 16.12, 16.20, and 16.22.
C. Approved clearing plans shall not be amended without authorization of the planning
director.
D. No work authorized by a clearing permit shall commence until a permit notice has been
posted by the applicant on the subject property at a conspicuous location. The notice shall
remain posted in said location until the authorized cleating has been completed.
E. Any cleating permit granted under this chapter shall expire one year fi.om the date
of issuance. Upon a showing of good cause, a cleating permit may be extended for six
months by the planning director.
F. A clearing permit may be suspended or revoked by the planning director because
of incorrect information supplied or any violation of the provisions of this chapter.
G. Failure to obtain forest practice application, where applicable, with the stated intent of
land conversion as defined in RCW 76.09.020(4) 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)Co).
15.18.050.A.2 Payment of land cleating application fee in the amount established by resolution
of the City Council.
15.18.060 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 erosion control on the property in
accordance with the conditions of the permit. The bond shall be in an amount equal to the
estimated cost of erosion control and clean up and with surety and conditions satisfactory to the
planning director.
15.18.070 Appeals.
Appeals of the planning director's decision on a land clearing permit application shall be in
accordance with the administrative decision procedures established in Chapter 2.16.
15.18.080 Violation - Enforcement and Penalty.
A. A violations of or failure to comply with any provision this chapter shall be a misdemeanors
punishable, upon conviction, as provided in BIMC 1.24.010A.
B. In addition to any other sanction or remedy that may be available, a violation of or failure to
comply with any provision of the chapter shall be a civil infraction and shall be subject to
enforcement and civil penalties as provided in Chapter 1.26.
Section 2. Section 2.16.025A of the Bainbridge Island Municipal Code is amended to
read as follows:
A. Administrative Land Use Decision by a Department Director. The
following applications require an administrative decision by a department director
and shall be processed in accordance with BIMC 2.16.095:
Administrative conditional use;
Administrative variance;
Boundary line adjustment;
Building permit and other construction permits;
Building administrative decisions;
Clearing permit;
Occupancy permit;
Public works administrative decisions;
Sign permit;
Site plan and design review;
Shoreline substantial development permit and minor shoreline variance;
Short subdivision (short plat);
Zoning code interpretation; and
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Any other administrative land use decision authorized by this code to be
made by the department director.
Section 3. Section 1.26.010 of the Bainbridge Island Municipal Code is amended to
read as follows:
The provisions of this chapter shall apply to enforcement of Title 18 BIMC and
Chapters 15.04, 15.18, 15.34, 16.20 and 16.22 BIMC, with the exception of
BIMC 15.04.090 and 15.04.110, and the Uniform Fire Code adopted by reference
in B~'VIC 15.04.020. For purposes of this chapter, such titles and chapters shall be
refeired to as "the applicable chapters and titles of this code."
Section 4. This ordinance shall take effect and be in force on August 1, 2003.
PASSED by the City Council this 28th day of May, 2003.
APPROVED by the Mayor this 29th day of May, 2003.
Darlene Kordt~no~--~, Mayor
ATTEST/AUTHENTICATE:
S~usan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: April 16, 2003
PASSED BY THE CITY COUNCIL: May 28, 2003
PUBLISHED: June 4, 2003
EFFECTIVE DATE: August 1, 2003
ORDINANCE NUMBER: 2003 - 16