Title 14
ENVIRONMENT

Chapters:

14.05 SEPA Policies

14.10 Shoreline Management

14.15 Property Grading Regulations

14.20 Commute Trip Reduction Plan

Chapter 14.05
SEPA POLICIES

Sections:

14.05.010 Authority.

14.05.020 Definitions – Adoption by reference.

14.05.030 Additional definitions.

14.05.040 WAC sections adopted by reference.

14.05.050 Designation of responsible official.

14.05.060 Lead agency determination and responsibilities.

14.05.070 Categorical exemptions and threshold determinations – Adoption by reference.

14.05.080 Categorical exemptions and threshold determinations – Time estimates.

14.05.090 Categorical exemptions – Adoption by reference.

14.05.100 Categorical exemptions – Flexible thresholds.

14.05.110 Categorical exemptions –Determination.

14.05.120 Threshold determination – Review at conceptual stage.

14.05.130 Threshold determination – Environmental checklist.

14.05.140 Threshold determination – Mitigated DNS.

14.05.150 Environmental impact statement (EIS) – Adoption by reference.

14.05.160 EIS – Preparation.

14.05.170 EIS – Additional elements.

14.05.180 EIS – Commenting – Adoption by reference.

14.05.190 Public notice.

14.05.195 Public meeting.

14.05.200 Designation of official to perform consulted agency responsibilities.

14.05.210 Using existing environmental documents – Adoption by reference.

14.05.220 SEPA decisions – Adoption by reference.

14.05.230 SEPA decisions.

14.05.240 SEPA decisions – Substantive authority.

14.05.250 SEPA policies.

14.05.260 Appeals.

14.05.270 Notice/statute of limitations.

14.05.280 Compliance with SEPA – Adoption by reference.

14.05.290 Environmentally sensitive areas.

14.05.300 Fees.

14.05.310 Forms – Adoption by reference.

14.05.320 WAC on file.

14.05.010 Authority.

The city adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120 and the SEPA rules WAC 107-11-904. This chapter contains the city’s SEPA procedures and policies. The SEPA rules contained in Chapter 197-11 WAC must be used in conjunction with this chapter. (Ord. 24 § 1 Exh. A, 1994).

14.05.020 Definitions – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC as now existing or hereinafter amended, by reference, as supplemented in this chapter:

WAC

197-11-700 Definitions.

197-11-702 Act.

197-11-704 Action.

197-11-706 Addendum.

197-11-708 Adoption.

197-11-710 Affected tribe.

197-11-712 Affecting.

197-11-714 Agency.

197-11-716 Applicant.

197-11-718 Built environment.

197-11-720 Categorical appeal.

197-11-722 Consolidated appeal.

197-11-724 Consulted agency.

197-11-726 Cost-benefit analysis.

197-11-728 County/city.

197-11-730 Decision maker.

197-11-734 Determination of nonsignificance (DNS).

197-11-736 Determination of significance (DS).

197-11-738 EIS.

197-11-740 Environment.

197-11-742 Environmental checklist.

197-11-744 Environmental document.

197-11-746 Environmental review.

197-11-748 Environmentally sensitive area.

197-11-750 Expanded scoping.

197-11-752 Impacts.

197-11-754 Incorporation by reference.

197-11-756 Lands covered by water.

197-11-758 Lead agency.

197-11-760 License.

197-11-762 Local agency.

197-11-764 Major action.

197-11-766 Mitigated DNS.

197-11-768 Mitigation.

197-11-770 Natural environment.

197-11-772 NEPA.

197-11-774 Nonproject.

197-11-776 Phased review.

197-11-778 Preparation.

197-11-780 Private project.

197-11-782 Probable.

197-11-784 Proposal.

197-11-786 Reasonable alternative.

197-11-788 Responsible official.

197-11-790 SEPA.

197-11-792 Scope.

197-11-793 Scoping.

197-11-794 Significant.

197-11-796 State agency.

197-11-797 Threshold determination.

197-11-799 Underlying governmental action.

(Ord. 24 § 1 Exh. A, 1994).

14.05.030 Additional definitions.

In addition to those definitions contained with WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the content indicates otherwise:

A. “Department” means any division, subdivision, or organizational unit of the city established by ordinance, rule or order.

B. “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology.

C. “Early notice” means the city’s response to an applicant stating whether it considers issuance of the determination of significance likely for the applicant’s proposal. (Ord. 24 § 1 Exh. A, 1994).

14.05.040 WAC sections adopted by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-040 Definitions.

197-11-050 Lead agency.

197-11-055 Timing of the SEPA process.

197-11-060 Content of environmental review.

197-11-070 Limitations on actions during SEPA process.

197-11-080 Incomplete or unavailable information.

197-11-090 Supporting documents.

197-11-100 Information required of applicants.

(Ord. 24 § 1 Exh. A, 1994).

14.05.050 Designation of responsible official.

A. For those proposals for which the city is a lead agency, the responsible official shall be the planning director or such other person as the city manager may designate in writing.

B. For all proposals for which the city is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS, and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA rule that have been adopted by reference. (Ord. 24 § 1 Exh. A, 1994).

14.05.060 Lead agency determination and responsibilities.

A. The responsible official or the department receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

B. When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the DNS or the final EIS of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency unless the city determines a supplemental environmental review is necessary under WAC 197-11-600.

C. If the city, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination, and must be resolved within 15 days of receipt of the determination, or the city must petition the department of ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city may be initiated by the responsible official or any department.

D. The responsible official is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11-944.

E. The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction. (Ord. 24 § 1 Exh. A, 1994).

14.05.070 Categorical exemptions and threshold determinations – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter:

WAC

197-11-300 Purpose of this part.

197-11-305 Categorical exemptions.

197-11-310 Threshold determination required.

197-11-315 Environmental checklist.

197-11-330 Threshold determination process.

197-11-335 Additional information.

197-11-340 Determination of nonsignificance (DNS).

197-11-350 Mitigated DNS.

197-11-360 Determination of significant (DS)/initiation of scoping.

197-11-390 Effect of threshold determination.

(Ord. 24 § 1 Exh. A, 1994).

14.05.080 Categorical exemptions and threshold determinations – Time estimates.

The time estimates contained in this section apply when the city processes licenses for all private projects and those governmental proposals submitted to the city by other agencies. The actual time may vary with the complexity of the project, availability of staff, cooperation of agencies with jurisdiction or expertise, etc. The time estimates contained herein shall not be construed as mandatory, unless specifically required.

A. Categorical Exemptions. The city will normally identify whether an action is categorically exempt within seven days of receiving a completed application.

B. Threshold Determinations.

1. The city will normally complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within 15 working days of the date an applicant’s completed application and checklist are submitted.

2. When the responsible official requires further information from the applicant or consults with other agencies with jurisdiction:

a. The city will normally request such further information within 15 working days of receiving a completed application and environmental checklist;

b. The city will normally wait no longer than 30 days for a consulted agency to respond;

c. The responsible official will normally complete the threshold determination within 15 working days of receiving the requested information from the applicant for the consulted agency.

3. When the city must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the city will normally complete the studies within 30 working days of receiving a completed application and checklist.

4. The city will normally complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impacts described in the application, within 15 working days of receiving a completed application and checklist.

5. The responsible official will normally respond to a request for early notice within 10 working days. The threshold determination will normally be made within 15 working days of receipt of the changed or clarified proposal, environmental checklist and/or permit application.

6. Notwithstanding any time period above, pursuant to RCW 43.21C.033, the responsible official shall make a threshold decision within 90 days after the application and supporting documentation are complete, unless the applicant requests an additional 30 days. (Ord. 24 § 1 Exh. A, 1994).

14.05.090 Categorical exemptions – Adoption by reference.

The city adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter:

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 24 § 1 Exh. A, 1994).

14.05.100 Categorical exemptions – Flexible thresholds.

A. The city establishes the following exempt levels for minor new construction based on local conditions:

1. For residential dwelling units in WAC 197-11-800(1)(b)(i), up to four dwelling units;

2. For agricultural structures in WAC 197-11-800(1)(b)(ii), up to 10,000 square feet;

3. For office, school, commercial, recreational service or storage buildings in WAC 197-11-800(1)(b)(iii), up to 4,000 square feet and up to 20 parking spaces;

4. For parking lots in WAC 197-11-800(1)(b)(iv), up to 20 parking spaces;

5. For landfills and excavations in WAC 197-11-800(1)(b)(v), up to 100 cubic yards;

B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, Headquarters Office, Olympia, Washington. (Ord. 24 § 1 Exh. A, 1994).

14.05.110 Categorical exemptions –Determination.

A. When the city receives an application for a license or, in the case of governmental proposals, a department initiates a proposal, the responsible official shall determine whether the license and/or the proposal is exempt. The determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of the chapter shall apply to the proposal. The city shall not require completion of an environmental checklist for an exempt proposal.

B. In determining whether or not a proposal is exempt, the responsible official shall make certain the proposal is properly defined and shall identify the governmental license required. If a proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the consideration is exempt.

C. If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

1. The city shall not give authorization for:

a. Any nonexempt action,

b. Any action that would have an adverse environmental impact, or

c. Any action that would limit the choice of reasonable alternatives;

2. The city may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the nonexempt actions were not approved; and

3. The city may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. (Ord. 24 § 1 Exh. A, 1994).

14.05.120 Threshold determination – Review at conceptual stage.

A. If the city’s only action on a proposal is a decision on a building permit or other licenses that require detailed project plans and specifications, the applicant may request in writing that the city conduct environmental review prior to submission of the detailed plans and specifications.

B. In addition to the environmental documents, an applicant shall submit such additional information as required by the responsible official. (Ord. 24 § 1 Exh. A, 1994).

14.05.130 Threshold determination – Environmental checklist.

A. A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate or other approval not exempted by this chapter. The checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).

B. A checklist is not needed if the city and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency.

C. The city shall use the environmental checklist to determine the lead agency and, if the city is the lead agency, for determining the responsible official and for making the threshold determination.

D. For private proposals, the applicant is required to complete the environmental checklist as required in WAC 197-11-315(2). The city may provide assistance as necessary. For city proposals the department initiating the proposal shall complete the environmental checklist for that proposal.

E. The city may decide to complete all or part of the environmental checklist for a private proposal under WAC 197-11-315(2), if either of the following occurs:

1. The city has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on a proposal currently under consideration. (Ord. 24 § 1 Exh. A, 1994).

14.05.140 Threshold determination –Mitigated DNS.

A. The responsible official may issue a determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official, or on changes to, or clarifications of the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a DS is likely. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the city is lead agency; and

2. Precede the city’s actual threshold determination for the proposal.

C. The responsible official’s response to the request for early notice shall:

1. State whether the city currently considers issuance of a DS likely and, if so, indicate the general specific areas of concern that are leading the city to consider a DS; and

2. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the city shall base its threshold determination on a changed or clarified proposal.

1. If the city indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the city shall issue and circulate a determination of nonsignificance if the city determines that no additional information or mitigation measures are required.

2. If the city indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the city shall make the threshold determination, issuing a DNS or DS as appropriate.

3. The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.

4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

E. The city shall not act upon a proposal for which a mitigated DNS has been issued for 15 days after the date of issuance.

F. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the licensing decision and may be enforced in the same manner as any terms or conditions of the permit, or enforced in any matter specifically prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued.

G. If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a DNS.

H. The city’s response under subsection (B) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the city to consider the clarifications or changes in its threshold determination. (Ord. 24 § 1 Exh. A, 1994).

14.05.150 Environmental impact statement (EIS) – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented by this chapter:

WAC

197-11-400 Purpose of EIS.

197-11-402 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-408 Scoping.

197-11-410 Expanded scoping.

197-11-420 EIS preparation.

197-11-425 Style and size.

197-11-430 Format.

197-11-435 Cover letter or memo.

197-11-440 EIS contents.

197-11-442 Contents of EIS on nonproject proposals.

197-11-443 EIS contents when prior nonproject EIS.

197-11-444 Elements of the environment.

197-11-448 Relationship of EIS to other considerations.

197-11-450 Cost-benefit analysis.

197-11-455 Issuance of DEIS.

197-11-460 Issuance of FEIS.

(Ord. 24 § 1 Exh. A, 1994).

14.05.160 EIS – Preparation.

A. Preparation of draft and final EISs and SEISs shall be under the direction of the responsible official. Before the city issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

B. The draft and final EIS or SEIS shall be prepared at the city’s option by the city staff, the applicant, or by a consultant approved by the city. If the responsible official requires an EIS for a proposal and determines that someone other than the city will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the city’s procedure for EIS preparation, including approval of the draft and final EIS prior to distribution.

C. The city may require an applicant to provide information the city does not possess, including specific investigations; however, the applicant is not required to supply information that is not required under this chapter, or that is being requested from another agency; provided, however, this does not apply to information the city may request under another ordinance or statute. (Ord. 24 § 1 Exh. A, 1994).

14.05.170 EIS – Additional elements.

The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determination or perform any other function or purpose under this chapter:

A. Economy;

B. Social policy analysis;

C. Cost-benefit analysis;

D. Such other elements as may be required by the responsible official. (Ord. 24 § 1 Exh. A, 1994).

14.05.180 EIS – Commenting – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference as supplemented in this chapter:

WAC

197-11-500 Purpose of this part.

197-11-502 Inviting comment.

197-11-504 Availability and cost of environmental documents.

197-11-508 SEPA register.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

197-11-570 Consulted agency costs to assist lead agency.

(Ord. 24 § 1 Exh. A, 1994).

14.05.190 Public notice.

Whenever the city issues a threshold determination, or EIS requiring public notice, the city shall give public notice of the determination or the availability of the environmental documents pursuant to the notice requirements of Chapter 19.11 NMC. (Ord. 97-153 § 61; Ord. 24 § 1 Exh. A, 1994).

14.05.195 Public meeting.

A. For all project actions and rezone applications, except for short plats, involving property located within a city study area, as established by resolution, the city shall hold a public meeting between the responsible official, any city staff designated by the responsible official, the applicant or the applicant’s representative, and owners of property and residents within the study area. The meeting shall be held prior to the issuance of the threshold determination.

B. The responsible official shall provide notice of the public meeting at least 15 days prior to the date of the meeting by:

1. Posting the notice on the property involved;

2. Mailing the notice by regular mail to the applicant or the applicant’s representative, and to all owners of property and residents within or immediately adjacent to the study area; and

3. By any other means of notice deemed appropriate by the responsible official.

C. The notice shall state the purpose of the meeting, identify the application and property involved, identify the study area involved, including the study area boundaries, and invite all owners of property and residents within the study area to attend the meeting.

D. The applicant shall bear the cost of providing the notice of the public meeting. (Ord. 79 § 1, 1994).

14.05.200 Designation of official to perform consulted agency responsibilities.

A. The responsible official shall be responsible for preparation of written comments for the city in response to a consultation request prior to a threshold determination, participation in scoping and reviewing a draft EIS.

B. The responsible official shall be responsible for the city’s compliance with WAC 197-11-550 whenever the city is a consulted agency, and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. 24 § 1 Exh. A, 1994).

14.05.210 Using existing environmental documents – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC as now existing or hereinafter amended, by reference:

WAC

197-11-600 When to use existing environmental documents.

197-11-610 Use of NEPA documents.

197-11-620 Supplemental environmental impact statements.

197-11-625 Addenda – Procedures.

197-11-630 Adoption – Procedures.

197-11-635 Incorporation by reference – Procedures.

197-11-640 Combining documents.

(Ord. 24 § 1 Exh. A, 1994).

14.05.220 SEPA decisions – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference:

WAC

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

197-11-700 Definitions.

(Ord. 24 § 1 Exh. A, 1994).

14.05.230 SEPA decisions.

For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the city staff’s recommendation to any appropriate advisory body such as the development commission, or planning policy commission. (Ord. 24 § 1 Exh. A, 1994).

14.05.240 SEPA decisions – Substantive authority.

A. The city may attach conditions to a license or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared pursuant to this chapter; and

2. Such conditions are in writing; and

3. Such conditions are reasonable and capable of being accomplished; and

4. The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in NMC 14.05.250 and cited in the permit, approval, license or other decision document.

B. The city may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probably significant adverse environmental impacts that are identified in a final EIS or final supplemental EIS; and

2. A finding is made that the mitigation measures are insufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in NMC 14.05.250 and identified in writing in the decision document. (Ord. 24 § 1 Exh. A, 1994).

14.05.250 SEPA policies.

A. The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

B. The city adopts by reference the policies in the following city codes, ordinances, resolutions and plans as now exist and as may hereafter be amended:

1. Chapter 43.21 RCW, State Environmental Policy Act;

2. Ord. No. 31, Interim Comprehensive Plan;

3. Ord. No. 43, Interim Zoning Code and Map;

4. Ord. No. 45, Interim Subdivision and Short Subdivision Code;

5. Ord. No. 24, Water Quality Standards;

6. Ord. No. 25, Surface Water Runoff Policy;

7. Ord. No. 27, Land Use and Health Enforcement;

8. Ord. No. 30, Mitigation of Impacts;

9. Ord. No. 33, Official Street Plan;

10. Ord. No. 35, Hazardous Waste;

11. Res. No. 93-20, Surface Water Management;

12. Ord. No. 35, Washington State Energy Code;

13. Res. No. 93-11, Solid Waste Management;

14. Ord. No. 44, Shoreline Management Program;

15. Ord. No. 40, Emergency Management;

16. Ord. No. 34, Capital Improvement Plan.

(Ord. 24 § 1 Exh. A, 1994).

14.05.260 Appeals.

The city establishes the following appeal procedures:

A. Any agency or person may appeal the City’s procedural compliance with Chapter 197-11 WAC for issuance of a final determination of nonsignificance (DNS), determination of significance (DS), or for substantive determinations (such as adequacy of an environmental impact statement).

B. The procedures and time periods for filing an appeal of a DNS, DS, or substantive determination shall be pursuant to the requirements for appeals of the proposed underlying project permit (Chapter 19.15 NMC).

C. Appeals of a DNS and substantive determinations shall be held after the final decision has been made on the proposed underlying project permit and shall be consolidated together with any other appeals on the project permit decision except for the following:

1. An appeal of a DNS or substantive determinations may occur before a final decision on a proposed action only if the appeal is heard at a proceeding where the hearing body or officer will render a recommendation or decision on the proposed underlying governmental action.

D. Appeals of a DS may occur before the final decision on a proposed action. (Ord. 97-153 § 63).

14.05.270 Notice/statute of limitations.

A. The city, applicant for or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

B. The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the city clerk, applicant or proponent pursuant to RCW 43.21C.080. (Ord. 24 § 1 Exh. A, 1994).

14.05.280 Compliance with SEPA – Adoption by reference.

The city adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this chapter:

WAC

197-11-900 Purpose of this part.

197-11-902 Agency SEPA policies.

197-11-916 Application to ongoing actions.

197-11-920 Agencies with environmental expertise.

197-11-922 Lead agency rules.

197-11-924 Determining the lead agency.

197-11-926 Lead agency for public and private proposals.

197-11-928 Lead agency for private projects with one agency with jurisdiction.

197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936 Lead agency for private projects requiring licenses from more than one state agency.

197-11-938 Lead agencies for specific proposals.

197-11-940 Transfer of lead agency status to a state agency.

197-11-942 Agreements on lead agency status.

197-11-944 Agreements on division of lead agency duties.

197-11-946 DOE resolution of lead agency disputes.

197-11-948 Assumption of lead agency status.

(Ord. 24 § 1 Exh. A, 1994).

14.05.290 Environmentally sensitive areas.

A. The following maps shall designate environmentally sensitive areas: city of Newcastle interim comprehensive plan sensitive areas map and erosion problem areas map. For each environmentally sensitive area, the following categorical exemptions within WAC 197-11-800 that shall not apply for that area are 197-11-800(1), (2)(b), (2)(c), (2)(d), (2)(e), (2)(e), (2)(f), (2)(g), (2)(h), (6)(A), (14)(c), (24)(a) through (g), (25)(d), (25)(f), (25)(h) and (25)(l). Exemptions other than those listed above shall continue to apply within environmentally sensitive areas of the city.

B. The responsible official shall designate additional environmentally sensitive areas under the standards of WAC 197-11-908, and shall file maps designating such areas, together with the exemption from the list in WAC 197-11-908 that shall not apply in such areas, with the Washington State Department of Ecology, Headquarters Office, Olympia, Washington. The environmentally sensitive area designation shall have full force and effect of law as of the date of filing.

C. The city shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The city shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area.

D. Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped. (Ord. 24 § 1 Exh. A, 1994).

14.05.300 Fees.

The city shall require the following fees for its activities in accordance with the provisions of this chapter:

A. Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee from the proponent of the proposal prior to undertaking a basic threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of fees. When the city assists the applicant or completes the environmental checklist at the applicant’s request or under NMC 14.05.130 of this chapter, or when the environmental review of the proposal is complex, the fee for making a threshold determination shall be in the amount established by city council resolution. For any complex review requiring staff time in excess of 10 hours, the city shall charge an hourly rate in the amount established by city council resolution for the additional time or as established pursuant to a contract with an environmental consultant hired by the city to complete the review.

B. Environmental Impact Statement.

1. When the city is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual preparation.

2. The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city, and may bill such costs and expenses directly to the applicant. Such consultant shall be selected by the city.

3. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the EIS. If the city’s costs exceed the projected costs, the applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (B)(1) or (2) of this section which remain after incurred costs, including overhead, are paid.

4. For all proposals in which the city is the lead agency and the responsible official determines that an EIS is required, the applicant shall be charged in the amount established by city council resolution or a fee equal to five percent of costs of the draft and the final environmental impact statements, whichever is greater, to cover the city’s administrative costs of supervision and preparation. For the purpose of this section, cost of an environmental impact statement shall include the cost of preparation and publication, including printing, collating, binding and circulation of the preliminary and final EIS. Applicants may be required to post bond or otherwise insure payment of such costs. In the event the actual cost of the draft and final EIS exceeds the estimated cost of the EIS agreed upon by the city and the applicant, such excess shall be paid to the city by the applicant prior to final action by the city.

C. The city may collect a reasonable fee from an applicant to cover the costs of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

D. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document in a manner provided by Chapter 42.17 RCW. (Ord. 24 § 1 Exh. A, 1994).

14.05.310 Forms – Adoption by reference.

The city adopts the following forms and sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference.

WAC

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of nonsignificance (DNS).

197-11-980 Determination of significance and scoping notice (DS).

197-11-985 Notice of assumption of lead agency status.

197-11-990 Notice of action.

(Ord. 24 § 1 Exh. A, 1994).

14.05.320 WAC on file.

The city clerk shall maintain on file for public use and examination one copy of the Washington Administrative Code sections referred to in this chapter. (Ord. 24 § 1 Exh. A, 1994).

Chapter 14.10
SHORELINE MANAGEMENT*

Sections:

14.10.010 King County shoreline management code adopted.

* One copy of KCC Title 25 shall be available in the office of the city clerk for use and examination by the public.

14.10.010 King County shoreline management code adopted.

The city adopts by reference KCC Title 25, Shoreline Management Code, as now in effect and as may be subsequently amended, as the shoreline management regulations for the city, except as follows:

A. “Department” shall mean the city of Newcastle department of community development.

B. “Director” shall mean the director of the department of community development.

C. “King County” shall refer to the city of Newcastle.

D. “Manager” shall refer to the director of the city department of community development. (Ord. 21 § 1, 1994).

Chapter 14.15
PROPERTY GRADING REGULATIONS

Sections:

14.15.010 Purpose.

14.15.020 Definitions.

14.15.030 Applicability.

14.15.040 Related codes and regulations.

14.15.050 Administration.

14.15.060 Hazards.

14.15.070 Variances.

14.15.080 Clearing and grading permit required.

14.15.090 Responsibility to have permit.

14.15.100 Permit requirements.

14.15.110 Expiration of permits and applications.

14.15.120 Operating conditions and standards of performance.

14.15.130 Grading – Land development projects.

14.15.135 Grading – Individual lots.

14.15.140 Drainage.

14.15.150 Slopes.

14.15.160 Fill.

14.15.170 Rock and retaining walls.

14.15.180 Utilities.

14.15.190 Driveways – Design.

14.15.200 Inspections.

14.15.210 Final approval.

14.15.220 Performance security.

14.15.230 Liability insurance required.

14.15.240 Stop work order/permit revocation.

14.15.250 Shorelines.

14.15.260 Forest practices.

14.15.270 Violations – Penalties.

14.15.010 Purpose.

A. This chapter is intended to regulate clearing, excavation, grading and earthwork construction, including cuts and fills, within the city of Newcastle in order to protect public health, safety, welfare, and aesthetics by:

1. Minimizing adverse stormwater impacts generated by the removal of vegetation and alteration of landforms;

2. Protecting water quality from the adverse impacts associated with erosion and sedimentation;

3. Minimizing aquatic and terrestrial wildlife habitat loss caused by the removal of vegetation;

4. Protecting critical areas from adverse clearing and grading activities;

5. Preventing damage to property and harm to persons caused by excavations and fills;

6. Minimizing the height and number of rock and retaining walls;

7. Minimizing the height, steepness, and number of graded slopes;

8. Establishing minimum access requirements to and around buildings for safety, security, maintenance, and general use and enjoyment of property;

9. Minimizing the amount of grading after a property is developed and prepared for building construction;

10. Establishing administrative procedures for the issuance of permits, approval of plans, and inspection of clearing and grading operations; and

11. Providing enforcement and penalties for the violation of this chapter.

B. This chapter establishes the administrative procedure for issuance of permits, provides for approval of plans and inspection of clearing and grading operations, and provides for enforcement and penalties for the violation of this chapter. (Ord. 2005-314 § 2).

14.15.020 Definitions.

Certain words and phrases used in this chapter, unless otherwise clearly indicated by their context, mean as follows:

A. “Applicant” means a property owner or any person or entity acting as an agent for the property owner in an application for a development proposal, permit, or approval.

B. “Bench” is a relatively level step excavated or constructed into earth material on which fill is to be placed.

C. “Berm” is a mound or raised area used for the purpose of screening a site or operation.

D. “Best management practices (BMPs)” mean the best available and reasonable physical, structural, managerial, or behavioral activities that, when used singly, or in combination, eliminate or reduce the contamination of surface and/or ground waters.

E. “Borrow” means earth material acquired from an off-site location for use in grading on a site.

F. “City” means the city of Newcastle.

G. “Civil engineer” means an engineer who is licensed as a professional civil engineer by the state of Washington.

H. “Clearing” means the limbing, pruning, trimming, topping, cutting, or removal of vegetation or other organic plant matter by physical, mechanical, chemical, or other means.

I. “Clearing and grading permit” means the written permission of the director to the permittee to proceed with the act of clearing and grading within the provisions of this chapter. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself.

J. “Compaction” is the densification of a fill by mechanical means.

K. “Critical areas” means the environmentally sensitive areas described in NMC Title 18.

L. “Development proposal” means any activities requiring a permit or other approval from the city of Newcastle relative to the use or development of land.

M. “Director” means the director of the department of community development or his/her designee.

N. “Earth material” is any rock, natural soil or fill, or any combination thereof.

O. “Engineering review permit” or “ERP” means the written permission of the director to the permittee to proceed with the act of clearing, grading, street, utility, and other infrastructure improvements within the provisions of this chapter and the city of Newcastle public works standards, as adopted per NMC 12.05.010. The ERP includes the associated approved plans and any conditions of approval as well as the permit form itself. All provisions in this chapter shall also pertain to ERPs.

P. “Erosion” is the wearing away of the ground surface as the result of the movement of wind, water and/or ice.

Q. “Excavation” is the removal of earth material. The term “cut” can also be used to describe excavation.

R. “Fill” is a deposit of earth material placed by mechanical or other means.

S. “Geotechnical engineer” or “soils engineer” means an engineer who is licensed as a professional civil engineer by the state of Washington and who has at least four years of relevant professional employment in the field of geotechnical, geological, or mining engineering.

T. “Grade” means the elevation of the ground surface.

1. “Existing grade” is the grade prior to grading.

2. “Rough grade” is the stage at which the grade approximately conforms to the approved plan as required in NMC 14.15.100.

3. “Finish grade” is the grade of the site at the conclusion of all grading efforts.

U. “Grading” is any excavating, filling, removing of the duff layer, or combination thereof.

V. “Infrastructure improvements” means streets, drainage facilities, utilities, and associated appurtenances typically constructed as part of a development project for the purposes of serving the development.

W. “Key” means a compacted fill placed in a trench excavated in earth material beneath the toe of a slope.

X. “Modular block wall” means a wall constructed of manufactured modular wall units acting as a protective facing for an exposed soil face or as a gravity retaining wall.

Y. “Open space” means an area, unoccupied by buildings, roads, or parking areas that has been set aside in perpetuity as a naturally vegetated area. Such open space areas may include native growth protection easements (NGPE), retained vegetated easement areas (RVEA), critical areas, and other tracts of land and easement areas set aside for this purpose.

Z. “Permittee” means the person(s) or entity to whom a clearing and grading or engineering review permit is issued.

AA. “Reinforced fill” or “reinforced soil” means soil fill designed by a geotechncial engineer which includes reinforcement consisting of metal or synthetic materials in bars, trips, grids, or sheets.

BB. “Retaining wall” means a wall designed to resist the lateral displacement of soil or other materials.

CC. “Rockery” or “rock wall” means one or more courses of large rocks stacked near vertical in front of an exposed soil face to protect the soil face from erosion and sloughing. A rockery or rock wall is not a retaining wall. The height of a rock wall is measured from the ground surface to the top of the wall.

DD. “Shorelines” means those lands defined as shorelines in the State Shorelines Management Act of 1971.

EE. “Site” is any lot or parcel of land or contiguous combination thereof where projects covered by this chapter are performed or permitted.

FF. “Site restoration” is the permanent restoration of lands modified under the provisions of this code, typically in the form of the establishment of vegetation and drainage facilities to control the rate and erosive force of stormwater runoff.

GG. “Slope” is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

HH. “Terrace” is a relatively level step excavated or constructed in the face of a graded slope surface for drainage and maintenance purposes. (Ord. 2005-314 § 2).

14.15.030 Applicability.

The provisions of this chapter, regardless of whether a clearing and grading or engineering review permit is required, shall apply to any person, builder, developer, or property owner undertaking the task of developing, altering, clearing, or grading land, or constructing buildings in the city of Newcastle. (Ord. 2005-314 § 2).

14.15.040 Related codes and regulations.

A. The requirements of this chapter are in addition to other city codes, standards, and regulations. Where conflicts exist between the provisions of this chapter and other codes and standards, the most restrictive shall apply.

B. In order to be in compliance with the provisions of this code, the applicant shall comply with this chapter, the applicable engineering standards contained in the city of Newcastle public works standards, as adopted per NMC 12.05.010, Chapter Appendix J of the International Building Code, as adopted per NMC 15.10.010, or equivalent standards approved by the director. In addition, the applicant shall comply with those minimum requirements for temporary erosion and sedimentation control and associated BMPs set forth in Chapter 13.10 NMC.

C. Requirements administered by other state and local agencies may also apply. The responsibility for determining the existence and application of other agency requirements rests solely with the applicant; provided, that to the extent known, the city will inform the applicant of other agency requirements or permits that may apply to a site. (Ord. 2005-314 § 2).

14.15.050 Administration.

A. Enforcement. The director is authorized to develop and adopt administrative rules and procedures for the purposes of implementing and enforcing the provisions of this chapter.

If clearing and grading inconsistent with the purposes and requirements of this chapter has occurred on a site, the city shall not accept or grant any development permits or approvals for the site unless the applicant adequately restores the site. The director shall require appropriate restoration of the site under an approved restoration plan which shall include a time schedule for compliance if significant resource damage has or may occur. If restoration has not been completed within the time established by the department, the director shall order restoration using city funds and seek restitution from the property owner through liens or other available legal methods.

B. Conditions of Approval. The director may impose conditions on permit approval as needed to mitigate identified project impacts and shall deny permit applications that are inconsistent with the provisions of this chapter.

C. Inspections. The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter, and to require as part of the application materials that the applicant grant permission for such entry and inspections.

D. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director has reasonable cause to believe that any land, building, structure, premises, or portion thereof is being used in violation of this chapter, the director may enter such land, building, structure, premises, or portion thereof at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such building, land, structure, premises or portion thereof is occupied, he shall first present proper credentials and demand entry; and if such land, building, structure, premises, or portion thereof be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the land, building, structure, premises, or portion thereof and demand entry.

No owner or occupant or any other person having charge, care or control of any building, land, structure, premises, or portion thereof shall fail or neglect, after proper demand, to promptly permit entry thereon by the director for the purpose of inspection and examination pursuant to this chapter. Any person violating this subsection may be guilty of a misdemeanor. (Ord. 2005-314 § 2).

14.15.060 Hazards.

The director has the authority to determine whether an existing site, as a result of clearing, grading, excavation, filling, or other similar activity, has become a hazard which may endanger property or adversely affect the safety, use or stability of a public way or drainage channel. Upon receipt of written notice from the director of such hazard, the owner or agent in control of said property upon which the clearing, grading, excavation, filling, or other is located, or hazardous site, shall restore the affected site within the period specified in the notice. Restoration shall be by means of corrective action to repair or modify such clearing, grading, excavation, filling, or other in order to remove the hazard and bring the site into conformance with the requirements of this chapter. (Ord. 2005-314 § 2).

14.15.070 Variances.

A. The director is authorized to grant variances to the provisions of this chapter. Variances must be requested in writing. Variances to the provisions of this chapter may be granted in accordance with NMC 18.44.040 and shall be considered an administrative variance.

B. The director may impose conditions upon the granting of any variance. (Ord. 2005-314 § 2).

14.15.080 Clearing and grading permit required.

A. No person shall do any clearing or grading without first having obtained a clearing and grading permit from the director except for the following:

1. An on-site excavation 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;

2. Routine landscape maintenance or installation of landscaping improvements involving not more than 50 cubic yards of excavation and fill on a single parcel of property in a 12-month period; provided, that topsoil up to a depth of six inches, regardless of quantity, may be placed on single-family residential properties without requiring a permit;

3. Maintenance of existing driveways or private access roads within their existing road prisms;

4. Any clearing or grading within a publicly owned road right-of-way or easement, for which a right-of-way use permit has been granted by the city;

5. Clearing or grading by a public agency for the following routine maintenance activities:

a. Roadside ditch cleaning,

b. Pavement maintenance,

c. Normal grading of gravel shoulders,

d. Maintenance of culverts,

e. Maintenance of flood control or other approved surface water management facilities,

f. Routine clearing within road right-of-way, and

g. Normal and routine maintenance of parks and trails;

6. Cemetery graves;

7. Excavation or fill less than four feet in vertical depth not involving more than 50 cubic yards of earth or other material on a single site;

8. Emergency tree removal to prevent imminent danger or hazard to persons or property;

9. Removal of noxious weeds, as defined in Chapter 17.10 RCW;

10. Pruning and limbing of vegetation for maintenance of aboveground electrical and telecommunication facilities;

11. Clearing or grading activities for the purposes of gathering information required by the city for application of a development proposal, such as:

a. Hand clearing of vegetation for surveying,

b. Minimal clearing and grading as required to perform geotechnical exploration to characterize geologic formations and soils, and

c. Minimal clearing and grading to install erosion and sedimentation control devices in accordance with an approved temporary erosion and sedimentation plan;

12. Removal of trees outside of critical areas; provided, that trees to be removed are not located in an area designated to be preserved as part of an approved tree retention plan per NMC 18.16.140; and provided, that a forest practices application is not required by the Washington State Department of Natural Resources.

B. Critical Areas. All clearing and grading within critical areas shall conform to the provisions of this chapter and Chapter 18.24 NMC.

C. A clearing and grading permit may be issued as a component of a building permit, or other permit, rather than as a separate permit. The director may require that single-family building permits and clearing and grading permits be combined.

D. All clearing and grading activities within the city, regardless of whether a permit is required, shall meet the performance and restoration requirements of this chapter and shall include the use of best management practices to reduce erosion and protect water and air quality. (Ord. 2005-314 § 2).

14.15.090 Responsibility to have permit.

Every person working or directing work that requires a permit under this chapter must:

A. Have a copy of the permit before starting and during all phases of the work. The permit, approved plans, and applicable terms and conditions of approval shall be kept on-site at all times.

B. Be familiar with and comply with the terms and conditions of the permit and the provisions of this chapter. (Ord. 2005-314 § 2).

14.15.100 Permit requirements.

The director shall specify what submittal and application materials are required for a complete clearing and grading permit application, including the type of submittals, the required level of detail, the minimum qualifications of preparers of technical documents, and the number of copies. The director may establish different submittal requirements for different types of clearing and grading permits. The director may waive specific submittal requirements if the director determines them to be unnecessary, or may require additional information if needed for review of an application. A separate permit shall be required for each site and may cover both excavations and fills.

A. Application. Applications shall be on forms prescribed by the director, and shall include such information as deemed necessary by the director to establish compliance with this section. Every application shall, at a minimum:

1. Identify and describe the work to be covered by the permit for which application is made;

2. Describe the land on which the proposed work is to be done, by lot, block, tract and house and street address, assessor’s parcel number, or similar description that will readily identify and definitively locate the proposed site;

3. Identify and describe those critical areas on and within 50 feet of the site;

4. Indicate the estimated quantities of work involved;

5. Be accompanied by plans and specifications as required in subsections (B) and (C) of this section;

6. Be signed by the property owner or his/her authorized agent who shall be required to submit evidence to indicate such authority;

7. Payment of any application fee and/or development deposits imposed by the city; and

8. Give such other information as may be required by the director.

B. Plans and Specifications. Each application for a grading permit shall be accompanied by plans and specifications and other supporting data as may be required. The plans and specifications shall be prepared and signed by a civil engineer registered to practice in the state of Washington; provided, that plans and specifications for single-family residential construction shall not require preparation by a licensed engineer unless deemed necessary by the director.

C. Information on Plans and Specifications. Plans shall be drawn to an engineer’s scale upon substantial paper of size no larger than 24 inches by 36 inches and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the work will conform to the provisions of this chapter and all other relevant laws, rules, regulations and standards. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following minimum information:

1. General vicinity of the proposed site, with assessor’s parcel numbers;

2. Property, setback, and easement limits and accurate contours of existing ground and details of terrain and area drainage. Contours shall extend a minimum of 50 feet off-site;

3. Limiting dimensions, elevations, and finished contours to be achieved by the grading, and proposed drainage channels and related construction;

4. Proposed clearing limits;

5. Open space and critical areas and their associated buffers and setbacks;

6. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as a part of the proposed work, together with the maps showing the drainage area and the estimated runoff of the area served by any drains;

7. Location of any buildings, structures, or other existing improvements such as septic drainfields, roads, wells, and utilities on the property where the work is to be performed and the location of any buildings, structures, or other existing improvements on land of adjacent owners which are within 50 feet of the property or which may be affected by the proposed grading operations;

8. Landscape and rehabilitation/restoration plan as required;

9. Tree retention plan per NMC 18.16.140;

10. Utility locations;

11. Easement and right-of-way improvement locations;

12. A soils report. Soils reports shall be prepared by a licensed soils or geotechnical engineer and shall cover all portions of the project within his/her expertise including site history; geologic structures; surface conditions; subsurface conditions; recommendations for foundation support, site preparation, structural fill, slope stability and mitigation; design parameters for retaining structures and structure backfill, surface and subsurface drainage, dewatering, excavation conditions and hazards; seismic conditions, erosion and sedimentation hazards and controls; use of on-site materials for structural fill and backfill; and pavement design. The soils or geotechnical engineer shall be retained as the engineer-of-record for the duration of the project;

13. If the clearing or grading is proposed to take place in or adjacent to a critical area as regulated in Chapter 18.24 NMC, provide information as required by that chapter; and

14. Other information as may be required by the director. The director may require the applicant to submit additional information when he/she finds the submitted plans, specifications and associated information are not clear enough to allow for an adequate determination, or when special conditions are found to exist which require specific explanation.

D. Granting of Permits.

1. The director shall determine if the proposed clearing and grading will adversely affect the character of the site for present lawful uses or with the future development of the site and adjacent properties for building or other purposes as indicated by the comprehensive plan, the shoreline master program, and the zoning code.

2. After an application has been filed and reviewed, the director shall also ascertain whether such clearing and grading work complies with the other provisions of this chapter. If the application and plans so comply, or if they are corrected or amended so as to comply, the director may issue to the applicant a clearing and grading permit.

3. In granting a clearing and grading permit, the director may require measures to mitigate the impacts of the clearing and grading work.

4. No clearing and grading permit shall be issued until approved by federal, state and local agencies having jurisdiction by laws or regulations.

5. Upon approval of the application and issuance of the clearing and grading permit, no work shall be done that is not provided for in the permit. The director is authorized to inspect the premises at any reasonable time to determine if the work is in accordance with the permit application and plans.

6. The permits from the director shall be required regardless of any permits issued by any other department of any other governmental agency who may be interested in certain aspects of the proposed work. Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining the permit, the violator shall be subject to the civil penalties as provided in this chapter. However, the payment of such civil penalties shall not relieve any persons from fully complying with the requirements of this chapter in the execution of the work nor from any other penalties prescribed therein. (Ord. 2005-314 § 2).

14.15.110 Expiration of permits and applications.

A. An application for a clearing and grading permit may be cancelled for inactivity if an applicant fails, without reasonable justification, to respond to the department’s written request for revisions or corrections within 60 days. The director may extend the response period beyond 60 days if the applicant provides and adheres to a reasonable schedule for submitting the full revisions.

B. Clearing and grading permits expire as follows:

1. If a building permit is issued for the same site, the clearing and grading permit shall automatically expire or be extended when the building permit expires or is extended;

2. If a building permit is not issued for the same site, the clearing and grading permit shall expire as follows:

a. The permit shall expire if the authorized work has not begun within one year from the date of permit issuance, or if work is abandoned for over 180 days. The permittee shall be responsible for notifying the director, in writing, if delays or unforeseen circumstances are impacting the start or continuation of the work.

b. If the authorized work is continually performed, the permit shall expire one year from the date of issuance unless a different time frame is specified on the permit or an extension is granted. Two one-year extensions may be granted by the director; provided, that conditions which were relevant to issuance of the permit have not changed substantially and no material detriment to the public welfare will result from the extension. The permittee shall be responsible for notifying the director, in writing, if delays or unforeseen circumstances are impacting the completion of the work.

C. When a permit is ready to be issued, the applicant shall be notified and must pick up the permit within 60 days of notification. If the permit is not picked up, it may be canceled by the director and become null and void. If the permit is canceled, the director shall notify the applicant by mail. (Ord. 2005-314 § 2).

14.15.120 Operating conditions and standards of performance.

All clearing and grading activities in the city shall conform to the provisions of this section.

A. Access. Access roads to sites shall be maintained and located to minimize problems of dust, mud and traffic circulation.

B. Appearance. The site shall be operated and maintained in a neat and orderly manner, free from junk, trash, or unnecessary debris.

C. Dust Suppression. Dust from clearing, grading, and other construction 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. Any dust suppressants used shall be approved by the director. Petrochemical dust suppressants are prohibited.

D. Fencing and Flagging. Prior to the start of clearing and grading operations, the permittee shall identify all clearing limits with flagging and/or orange fencing and install six-foot tall chain-link fencing, on steel driven posts:

1. Along the entire buffer of all critical areas;

2. Around all hazards that may exist on the site; and

3. Around all trees designated to be retained. Fencing around trees shall be placed a sufficient distance from the trunk to protect the roots of the trees from damage. This typically means placing the fence a minimum of two feet beyond the dripline of the tree, or as approved by the city’s arborist.

E. Haul Routes. Prior to the start of clearing and grading operations, the permittee shall identify all proposed haul routes and access points to the site for review and approval by the city.

F. Hazard Signs. Signs warning of hazardous conditions, if such exist, shall be affixed at locations as required by the director, prior to the start of clearing and grading operations.

G. Hours of Operation. Hours of operation shall conform to NMC 15.05.040.

H. Information Signs. Prior to the start of clearing and grading operations, the permittee shall install, at appropriate locations around the site, a sign containing information, in Spanish and English, pertinent to the work on the site. The size of the sign and the letters shall be as specified by the city. The sign must clearly identify the site as a construction area:

1. Project name and city project number;

2. Emergency contact name and phone;

3. Permittee project manager’s name and phone; and

4. Allowable construction hours.

I. Off-Site Construction. If construction necessitates access, construction, or intrusion onto or across property not under the permittee’s control, then the permittee must provide the city with a copy of a valid construction easement or right of entry before the permit can be issued.

J. Other Pollutants. The permittee must properly handle and dispose of other pollutants that are on-site during construction so as to avoid possible health risks or environmental contamination. Direct and indirect discharge of pollutants to the drainage system is prohibited. Storage of fuel or other hazardous substances on-site is prohibited.

K. Protect Adjacent Property. The permittee shall at all times protect improvements to adjacent private properties and public rights-of-way or easements from damage during clearing and grading operations. The permittee shall restore public improvements damaged by his/her operations to the standards in effect at the time of the issuance of the permit.

L. Site Security. It shall be the permittee’s responsibility to provide adequate security for the site, as determined by the director. Should the director determine that additional measures are required to protect the public, he/she may require the entire site be fenced, gated, and locked and access restricted by the permittee.

M. Wet Season Clearing and Grading. Clearing and grading shall be prohibited from October 1st to April 30th, the “wet season,” unless otherwise approved by the director. Building construction, landscaping, road, and utility work may be permitted year-round, so long as such work conforms with all other provisions of this chapter. Clearing and grading may proceed during the wet season upon approval by the director under the following conditions:

1. Clearing and grading will only be allowed if, in the opinion of the director, the site and proposed work pose little or no threat to adjoining properties and downstream drainage facilities;

2. All sites must implement and maintain effective erosion and sedimentation control;

3. Extraordinary erosion control measures may be required;

4. Construction of large cuts and fills will not be allowed; and

5. Failure to comply with adequate erosion control for the site will warrant a permanent shutdown of the clearing and grading operations until the site is stabilized. (Ord. 2005-314 § 2).

14.15.130 Grading – Land development projects.

For all land development projects such as subdivisions, short subdivisions, planned unit developments (PUDs), and site plan approvals, the permittee shall, after being issued the proper permits, clear and grade the property and install infrastructure improvements. Clearing and grading for individual building lots may occur concurrent with the infrastructure construction or later under separate building or clearing and grading permits. Final grades of lots shall be prepared in accordance with the provisions of this chapter. Individual lots shall be cleared and graded in accordance with either subsection (A) or (B) of this section:

A. Individual lots shall be cleared and graded as part of the overall project mass grading and construction of infrastructure. The individual lots shall be graded to accept the expected buildings and driveways. All lots shall be designed and constructed with due regard to the natural topography:

1. Walls and slopes proposed as a means of grade separation between lots shall be constructed as part of the mass grading phase of the project and shall be constructed entirely on the downhill lot.

2. If lots are expected to be constructed for a daylight basement type building, the lot shall be prepared as near as possible for such a building, by grading a terrace at some distance from the street. The excess material from the terrace shall be hauled off-site or utilized as fill, if suitable elsewhere on the project.

B. The land developer may elect to defer clearing and grading of individual lots and only construct the infrastructure for the project. Clearing and grading of the deferred lots shall be in accordance with NMC 14.15.135. (Ord. 2005-314 § 2).

14.15.135 Grading – Individual lots.

Individual lots may be cleared and graded with the following restrictions:

A. Excavation and fill will be allowed up to maximum depth of four feet, excluding the excavation required for the building foundations.

B. Grading across property boundaries will only be allowed if a separate clearing and grading permit is issued for the grading activity for all affected lots.

C. Any grading of the property and individual lots shall generally conform to the natural topography of the property and adjacent properties, and all provisions of this chapter. (Ord. 2005-314 § 2).

14.15.140 Drainage.

All clearing and grading operations shall take all necessary precautions, through the use of best management practices, to control drainage within the site and off-site to avoid damage to adjoining properties and drainage facilities and prevent impacts to water quality:

A. Erosion Control. Erosion and sedimentation control measures shall be installed in accordance with the King County Surface Water Design Manual and the approved temporary erosion and sedimentation control plan. All disturbed areas including faces of cut and fill slopes shall be prepared and maintained to control erosion. This control may consist of effective planting. The protection for these areas shall be installed and established as soon as practical and prior to final approval. The permittee must remove all temporary erosion and sediment control BMPs within 30 days after final site stabilization or after the BMP is no longer needed.

B. Under no circumstances shall stagnant or polluted waters be permitted on any site. Should these waters accumulate, remedial measures such as draining or backfilling shall be taken as corrective action.

C. Flow control facilities shall be installed for the duration of the clearing and grading operations in accordance with the King County Surface Water Design Manual.

D. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

E. All building lots shall be graded and prepared such that all roof, yard, wall, slope, driveway, and footing drains can be connected directly by gravity to the project’s drainage system. Discharge to an alternate location may be allowed only with prior approval of the director, and appropriate easements from affected downstream property owners. (Ord. 2005-314 § 2).

14.15.150 Slopes.

Slopes shall be constructed with due regard for drainage, access, maintenance, impacts to adjacent property, and aesthetics. Constructed slopes shall comply with all applicable codes and standards and the following criteria:

A. Cut and fill surfaces shall be no steeper than is safe for the intended use. Slopes shall be constructed no steeper than three horizontal to one vertical, except cut slopes may be constructed at a maximum slope of two horizontal to one vertical upon approval of the director and recommendation of a geotechnical engineer, for those areas lying outside the building envelope.

B. Existing slopes shall not be over-steepened beyond the criteria in subsection (A) of this section by placing fill or by constructing a fill wall near the top of the slope.

C. If building sites are prepared by constructing slopes near the property boundary, the slope between building sites shall be constructed during the mass grading of the project, entirely on one lot.

D. Drainage at the top and toe of any slope shall be appropriately collected and discharged:

1. The ground surface above a slope shall be graded to direct surface runoff to an appropriate collection point. Water shall not be allowed to discharge over the top of a slope.

2. Slopes shall not be constructed in a location or manner in which surface runoff and debris are permitted to drain onto an adjacent property.

3. Slopes shall be designed and protected to minimize erosion.

4. Terraces at least 10 feet in width shall be sloped away from the face of a slope and shall be established at not more than 25-foot vertical intervals to control surface drainage and debris. Swales or ditches on terraces shall have a maximum gradient of five percent.

E. Setbacks. The tops and the toes of cut and fill slopes shall be set back from property boundaries as far as necessary, as determined by a geotechnical engineer for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion. The tops and toes of cut and fill slopes shall be set back from structures as far as is necessary, as determined by a geotechnical engineer for adequacy of foundation support and to prevent damage as a result of water runoff or erosion. Slope setbacks shall be as follows:

1. The top of slopes shall be no nearer the property boundary than five horizontal feet or one-fifth the vertical height of the slope, whichever is greater.

2. The toe of fill slopes shall be no nearer the property boundary than five horizontal feet or one-half the vertical height of the slope, whichever is greater. (Ord. 2005-314 § 2).

14.15.160 Fill.

All fill material shall be inspected and approved by the geotechnical engineer prior to the material arriving on-site. All imported fill material received from other than a commercial borrow site shall be accompanied by a clean soil questionnaire stating that the material is free of hazardous wastes.

A. Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation and unsuitable soil and material such as concrete rubble, topsoil, tree stumps, and brush. Where slopes receiving fill are steeper than five horizontal to one vertical, the fill material shall be benched into sound bedrock.

B. Fill Material. Only earth materials which have no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be used. All on-site materials used as fill on the site shall conform to the specifications identified in the approved soils report.

C. Compaction. All fill material shall be compacted to a firm and unyielding condition to a density of 95 percent of maximum density per ASTM D-1557, modified proctor. (Ord. 2005-314 § 2).

14.15.170 Rock and retaining walls.

Walls shall be designed and constructed with due regard for drainage, access, maintenance, impacts to adjacent property, and aesthetics. All walls shall be constructed in accordance with all applicable codes and standards and the following criteria:

A. Rock walls may be used for erosion protection of cut or fill slopes. The primary function of a rock wall is to protect the slope face from soil erosion and sloughing.

B. Any wall supporting a surcharge or over four feet in height shall require a separate building permit or be otherwise approved as part of an approved grading plan.

C. All walls shall be provided with a wall drainage system. The wall drainage system shall discharge at an appropriate location:

1. Wall drains shall be connected to the storm drainage stub provided for the lot, if possible.

2. Wall drains shall not discharge onto an adjacent downhill property, unless downhill property is a vegetated area that has been set aside as permanent open space or critical area, with approval from the city.

3. Wall drains shall not discharge onto a steep slope or area susceptible to erosion.

4. The area above the wall shall be graded to channel water in a direction parallel to the face of the wall until the water can be collected in a pipe or drain, or discharged at an appropriate location.

D. All walls parallel to a building shall be setback from the building a minimum of five feet. This setback applies to the horizontal space between the wall and the building as measured from the front face of a wall or the cut slope for a wall and the face of the building.

E. Within the building setback, walls shall not exceed 30 inches in height as measured from the ground surface to the top of the wall.

F. Walls existing at the time of the ordinance codified in this chapter, if constructed under a valid permit, may be repaired or replaced to their original height.

G. Walls shall not support earth, walls, or other structures on an adjacent property.

H. Walls on a single-family lot may be no higher than four feet. The designer of walls shall also consider the fencing restriction on top of walls per NMC 18.14.260.

I. Walls shall not be located in separate tracts or public rights-of-way for the purposes of circumventing the provisions of this chapter.

J. Walls shall not be stacked wherein a lower wall is supporting an upper wall, unless the lower wall is designed to do so. Minimum horizontal spacing between rock or retaining walls, as measured from face to face, shall be no less than the thickness of the lower wall plus the height of the lower wall.

K. When preparing a grading plan and designing a roadway, use of a retaining wall to support the roadway shall be considered only after other design options are exhausted. When a roadway must be supported by a retaining wall, the city may require additional building setbacks, easements or other restrictions and provisions to allow proper maintenance of the wall.

L. Walls shall not be located or constructed so as to impede travel on a public walkway.

M. The area above the wall shall be designed and constructed to prevent surface water and debris from flowing over the top of the wall, and to allow for access and maintenance to the area above the wall:

1. The area between the wall and the building shall be graded no steeper than five percent, perpendicular to the face of the wall, for a distance of five feet, for that area located within five feet of the building.

N. Walls shall not be used to break up a slope or to circumvent the definition of or the restrictions for steep slope hazard areas as described in Chapter 18.24 NMC.

O. Walls constructed between lots shall be constructed entirely on the downhill side of the property line entirely on one lot, including the wall drainage system. (Ord. 2005-314 § 2).

14.15.180 Utilities.

The installation of utilities (e.g., water, sewer, and drainage pipes) across steep topography on single-family lots greatly reduces the amount of buildable space on the lot. Cutting, filling or constructing walls within storm, water, and sanitary sewer easements is prohibited, unless specific written approval from the utility owner is provided. It shall be the permittee’s responsibility to obtain said approval, and provide a copy to the city. (Ord. 2005-314 § 2).

14.15.190 Driveways – Design.

Lots shall be prepared to accept a driveway meeting all applicable public works standards regarding width and slope. Where a lot fronts on a steep roadway, the driveway shall be narrowed and/or lengthened in order to meet the standards regarding driveway slope. Where increased driveway lengths are required, subdivisions and short plats shall contain a note on the face of the plat indicating those lots affected, and to what degree the driveways are to be lengthened. (Ord. 2005-314 § 2).

14.15.200 Inspections.

A. All projects with a clearing and grading permit are subject to city inspections to ensure compliance with the permit, and that adequate control is being exercised by the contractor, civil engineer, and geotechincal engineer. The director will specify the general stages of work when city inspection is required and may require inspection and testing by an approved testing agency, to be paid by the permittee.

B. The permittee shall employ professionals to perform inspections of the site grading as follows:

1. Geotechnical Engineer. The geotechnical engineer’s area of responsibility shall include but need not be limited to the professional inspection and certification concerning the adequacy of erosion control measures, the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. The geotechnical engineer shall perform on-site geotechnical testing and observation during implementation of drainage features and while site grading is underway. Records of the geotechnical observation and testing shall be provided to the city on a regular basis.

2. Civil Engineer. The civil engineer’s area of responsibility shall include but need not be limited to the inspection of the site grading and construction of roads and drainage facilities to verify compliance with approved plans, evaluate the need for design changes based on field conditions, including submittal of revised plans to the city for review and approval, and providing accurate as-built drawings upon completion of the clearing and grading operations.

3. Special Inspectors. The permittee shall employ professional inspectors in the area of special concrete work, coal mine hazards, seismic hazards, or other areas as required by the project and the director. (Ord. 2005-314 § 2).

14.15.210 Final approval.

A. The director shall give final approval to the clearing and grading operations once all the work is completed per the permit. The following must be completed, as a minimum, prior to final approval:

1. All clearing and grading must be complete;

2. The site shall be permanently stabilized, temporary erosion control measures removed, and storm drainage control facilities constructed and operational;

3. The site shall be in a neat and orderly manner, free from junk, trash, debris, equipment, stockpiles and other construction materials;

4. All required reports, certification letters, as-built drawings and other shall be submitted and approved by the city;

5. The site shall be free of hazards; and

6. All disputes regarding property damage caused by the clearing and grading operations shall be resolved to the satisfaction of the director.

B. The city shall not issue final approval for any development proposal or issue a certificate of occupancy or final building inspection for property which has not received final approval for the clearing and grading operations.

C. Final Reports. Upon completion of the clearing and grading operations, the professionals having conducted inspections in their respective areas shall submit, in a form acceptable to the director, final reports certifying that all portions of the project pertaining to their area of expertise have been constructed in accordance with the approved plans and specifications. The reports shall identify problems encountered, field changes, methods or designs utilized to correct deficiencies, and other information deemed necessary by the director:

1. Geotechnical Engineer. The geotechnical engineer shall submit a final soil grading report prepared by the engineer including locations and elevations of field density tests, summaries of field and laboratory tests, final description of the geology of the site including any new information disclosed during the grading and the effect of same, and other substantiating data and comments on any changes made during grading and their effect on the recommendation made in the approved geotechnical report. The engineer shall provide certification as to the adequacy of the site for the intended use as affected by soil and geologic factors.

2. Civil Engineer. The civil engineer shall submit an as-graded grading plan including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities. The civil engineer shall provide certification that the work was done in accordance with the final approved grading plan. Upon completion of the work, a reproducible as-built drawing, stamped by the civil engineer of record, of the storage, conveyance and discharge elements of the detention system and the newly constructed downstream components of the storm drainage system shall be required. The director may require additional information in respect to any significant deviations from the approved plans, specifications or reports.

3. Special Inspectors. Special inspectors shall submit final reports describing original and final conditions, changes, and methods utilized to correct deficiencies or mitigate specific conditions. (Ord. 2005-314 § 2).

14.15.220 Performance security.

A. Performance Security. Prior to obtaining a permit, the permittee shall first post with the city a site restoration performance security, as defined by Chapter 17.65 NMC. All securities shall be on an approved form and shall include penalty provisions for failure to comply with the conditions of the permit. Securities may be waived on projects of less than 1,000 cubic yards.

B. Security Amount. The director shall determine the amount of the security; it must be sufficient to correct or eliminate hazards related to earth and water resources, either on or off-site, caused by the project clearing and grading. The value of the security may be decreased in accordance with the amount of work completed. The security shall be maintained at a minimum of 25 percent of the full value established at all times during the life of the permit.

C. Conditions. Every security shall obligate the permittee to the following conditions:

1. Compliance with all of the provisions of the city of Newcastle applicable codes, standards and regulations;

2. Compliance with all of the terms and conditions of the clearing and grading permit; and

3. Completion of the work in accordance with the approved plans, specifications, and permit conditions.

D. Failure to Complete Work and/or Site Restoration. In the event of failure to comply with all the conditions and terms of the permit, the city may enter the property and cause the work to be completed and shall be reimbursed for all expenses so incurred from the proceeds of the security. The director shall notify the permittee and the security in writing, and, failing to obtain response within 10 days from the receipt of notification, may order the work required by the permit to be completed or perform all necessary corrective work to eliminate hazards caused by not completing the work.

E. The city shall release the performance security once final clearing and grading approval has been given. (Ord. 2005-314 § 2).

14.15.230 Liability insurance required.

The permittee shall maintain a comprehensive public liability and property damage insurance policy. Proof of such insurance shall be provided to the city prior to issuance of any clearing and grading permit. Updates, renewals, and other changes to the permittee’s insurance policy shall be submitted promptly to the city. Exception: Liability insurance requirements may be waived for projects involving less than 10,000 cubic yards. (Ord. 2005-314 § 2).

14.15.240 Stop work order/permit revocation.

A. Permit Suspension/Revocation. The director may suspend work or revoke a clearing and grading permit, as appropriate, whenever:

1. The work is not authorized by a valid permit;

2. The permittee requests such revocation or suspension;

3. The work does not proceed in accordance with the plans, as approved, or is not in compliance with the requirements of this chapter or other city ordinances;

4. Entry upon the property for the purposes of investigation or inspection has been denied;

5. The permittee has made a misrepresentation of a material fact in applying for such permit;

6. The progress of the work indicates that the plan is or will be inadequate to protect the public, the adjoining property, the street, protected areas, the drainage system, or other utilities, or the work endangers or will endanger the public, the adjoining property, the street, protected areas, the drainage system or other utilities;

7. The required project security has expired or been expended to the point that it no longer provides assurance of completion of the project in compliance with the terms of the permit; or

8. The permit has not been acted upon or extended within the time allowed pursuant to NMC 14.15.110.

B. Stop Work Order. The director shall issue the permittee a written stop work order specifying the nature of the violation or problem which must be remedied prior to resuming other work on the project. If the permittee does not comply with the order within the time specified, the director, as an alternative to other remedies, may enter the project site and perform the required work. All costs incurred by the city in performing such work shall be drawn against the surety posted by the permittee to ensure the enforcement of the provisions of the permit. In the absence of sufficient surety, the city may place a lien against the property in the amount of the funds expended to perform the required work.

C. Restoration. Violators of this chapter, or of a permit issued hereunder, shall be responsible for restoring unlawfully damaged areas in conformance with a restoration plan, approved by the director, which provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, equals the site condition that would have existed in the absence of the violation(s).

D. Prohibition of Further Approvals. The city shall not accept, process, or approve any application for development proposal, or issue a certificate of occupancy or final building inspection for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means acceptable to the director and by payment of any penalty imposed for the violation. (Ord. 2005-314 § 2).

14.15.250 Shorelines.

A. Any fill placed upon land adjacent to or beneath any stream or water body shall be contained and placed so as to prevent adverse effect upon other lands.

B. No permit required by this chapter shall be issued for grading upon the shorelines until approved by the appropriate federal, state and local authority.

C. For grading which requires a shoreline management substantial development permit, the conditions of the shoreline management substantial development permit shall be incorporated into the conditions of any permit issued pursuant to this chapter and shall be subject to the inspection and enforcement procedures authorized by this chapter. (Ord. 2005-314 § 2).

14.15.260 Forest practices.

A. Class IV Forest Practice. Under a Class IV forest practice, all clearing not otherwise exempted under this chapter shall be subject to the requirements of this chapter. All such clearing shall be subject to the State Environmental Policy Act, Chapter 43.21C RCW, and the city shall accept or assume lead agency status. The review of the Class IV application shall be consolidated with the review of the associated development permit or approval. Clearing independent of permit or approval shall require a separate clearing and grading permit pursuant to this chapter. The city will also combine its SEPA review of Class IV forest practices and city permits.

B. Development applications on lands cleared or graded pursuant to a Class I, II, III or IV special forest practice as defined in Chapter 76.09 RCW, or cleared or graded without forest practices or city authorization, shall be denied for a period of six years unless the applicant demonstrates that the clearing was consistent with requirements of this chapter or the applicant adequately restores the site. Restoration shall include, but is not limited to, reforestation, erosion control, critical areas enhancement and restoration, surface water management controls, and compliance with other applicable city and state regulations. Administrative rules may set out further details as to how restoration is accomplished and when it will be deemed sufficient. (Ord. 2005-314 § 2).

14.15.270 Violations – Penalties.

A. Civil Violation. Except as otherwise provided in this chapter, any violation of any of the provisions of this chapter constitutes a civil violation as provided for in Chapter 4.05 NMC, for which a monetary penalty may be assessed and abatement may be required as provided therein. The city shall seek compliance through the civil violations code if compliance is not achieved through NMC 14.15.240.

B. Destruction of Notice. It shall be unlawful for any person to remove, mutilate, destroy, or conceal any notice issued and posted by the director pursuant to this chapter. (Ord. 2005-314 § 2).

Chapter 14.20
COMMUTE TRIP REDUCTION PLAN

Sections:

14.20.010 Purpose.

14.20.020 Intent.

14.20.030 Definitions.

14.20.040 Commute trip reduction goals.

14.20.050 Designation of CTR zone and base year values.

14.20.060 City of Newcastle plan.

14.20.070 Responsible city of Newcastle agency.

14.20.080 Applicability.

14.20.090 Requirements for employers.

14.20.100 CTR program reporting.

14.20.110 Requests for waivers/modification of CTR requirements.

14.20.120 Credit for transportation demand management efforts.

14.20.130 Employer peer review group.

14.20.140 Appeals of administrative decisions.

14.20.150 Enforcement.

14.20.160 Appeals of penalties.

14.20.010 Purpose.

The purpose of this chapter is to promote the public health, safety, and general welfare by establishing goals for employers to reduce single-occupant vehicle (SOV) use and vehicle miles traveled (VMT); by providing standards to measure SOV and VMT reduction against; and by requiring that commute trip reduction programs be established in accordance with Chapter 70.94 RCW. (Ord. 96C-95 § 2).

14.20.020 Intent.

The intent of this chapter is to improve air quality, reduce traffic congestion, and reduce the consumption of petroleum fuels through employer-based programs that encourage the use of alternatives to the single-occupant vehicle for the commute trip. (Ord. 96C-95 § 3).

14.20.030 Definitions.

For the purpose of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:

1. “Affected employee” means a full-time employee who begins his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months. For the purposes of this chapter, shareholders, principles and associates in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be considered employees.

2. “Affected employer” means a public or private employer that, for 12 continuous months, employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays. The intent is to include any employer that has 100 or more full-time employees scheduled to begin their regular workday between 6:00 a.m. and 9:00 a.m., even if the individual employees vary over time. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition.

3. “Alternative commute mode” means any type of commute transportation other than that in which the single-occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if they result in reducing commute trips.

4. “Alternative work schedules” means programs such as compressed work weeks that eliminate work trips for affected employees.

5. “Base year” means the period from January 1, 1995, through December 31, 1995, on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based.

6. “City” means the city of Newcastle.

7. “Commute trips” means trips made from a worker’s home to a worksite with a regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on weekdays.

8. “Compressed work week” means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and biweekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement.

9. “CTR plan” means the city of Newcastle’s plan as set forth to regulate and administer the CTR programs of affected employers within its jurisdiction.

10. “CTR program” means an area, such as a census tract or combination of census tracts, within Newcastle characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOV commuting.

11. “Dominant mode” means the mode of travel used for the greatest distance of a commute trip.

12. “Employee” means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer.

13. “Employer” means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers.

14. “Flex-time” is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes.

15. “Full-time employee” means a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week.

16. “Implementation” means active pursuit by an employer of the CTR goals of RCW 70.94.521-551 and this chapter as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOV community, and commencement of other measures according to their CTR program and schedule.

17. “Mode” means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, and walking.

18. “Peak period” means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.

19. “Peak period trip” means any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays.

20. “Proportion of single-occupant vehicle trips” or “SOV rate” means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period.

21. “Single-occupant vehicle (SOV)” means a motor vehicle occupied by one employee for commute purposes, including a motorcycle.

22. “Single-occupant vehicle trips” means trips made by affected employees in SOVs.

23. “Single worksite” means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by one or more affected employers.

24. “Telecommuting” means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half.

25. “Transportation management association (TMA)” means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits.

26. “Vehicle miles traveled (VMT) per employee” means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period.

27. “Waiver” means an exemption from CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site.

28. “Week” means a seven-day calendar period, starting on Monday and continuing through Sunday.

29. “Weekday” means any day of the week except Saturday or Sunday. (Ord. 96C-95 § 4).

14.20.040 Commute trip reduction goals.

The commute trip reduction goals for employers affected by this chapter are to achieve the following reductions in vehicle miles traveled per employee as well as in the proportion of single-occupant vehicles from the 1995 base year value of Newcastle’s CTR zone:

A. 15 percent by January 1, 1998.

B. 25 percent by January 1, 2000.

C. 35 percent by January 1, 2002. (Ord. 96C-95 § 5).

14.20.050 Designation of CTR zone and base year values.

Employers in the city of Newcastle fall within the east King County CTR zone designated by the boundaries shown on the map attached hereto and incorporated herein by reference.

The base year value of this zone for proportion of SOV trips shall be 85 percent. The base year value for vehicle miles traveled (VMT) per employee shall be set at 9.3 miles. Affected employers in the city of Newcastle shall establish programs designed to result in SOV rates of not more than 72.3 percent in 1998, 63.8 percent in 2000 and VTM per employee of not more than 7.9 miles in 1998, 6.9 miles in 2000, and 6.0 miles in 2002. (Ord. 96C-95 § 6).

14.20.060 City of Newcastle plan.

The CTR law requires that each local jurisdiction submit its commute trip reduction plan not more than 30 days after adoption of both the plan and the ordinance codified in this section. The city of Newcastle will develop a CTR plan, to be brought forward for city council review. This plan may be amended by further action of the city council. (Ord. 96C-95 § 7).

14.2