029-19 Amended - Ordinance - Clarifying Requirements for Minor Land Disturbing Activity PermitsORDINANCE NO. 029-19 - Amended
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
CLARIFYING REQUIREMENTS FOR MINOR LAND DISTURBING ACTIVITY
PERMITS; AMENDING SECTIONS 20.22.020, 20.140.040, 20.140.060,
20.140.070, 20.140.080, AND 20.150.020(10) OF THE CITY OF PORT
ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City wishes to truncate the permit and review process for minor land
disturbing activity and select tree cutting activities; and
WHEREAS, the City wishes to establish a means for the timely removal of danger trees
that pose a threat to the public; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1: Section 20.22.020 of the Port Orchard Municipal Code is hereby amended to
read as follows:
20.22.020 Determination of types – Table.
(1) Determination of Proper Decision Type. The director shall determine the proper review
procedure for all land use and development permit applications and actions. If there is a question
as to the appropriate type of process, the director shall resolve it in favor of the higher process
type number.
(2) Optional Consolidated Permit Processing. An application that involves two or more
procedures may be processed collectively under the highest numbered procedure required for
any part of the application or processed individually under each of the procedures identified by
the code. The applicant may determine whether the application shall be processed collectively
or individually. If the application is processed under the individual procedures option, the highest
numbered type procedure must be processed prior to the subsequent lower numbered
procedure. If the individual procedure option is chosen, the applicant will be eligible for any fee
reduction contained in the current fee schedule.
Table 20.22.020 – Permit Review Type Classifications
Type I
Director
Decision
Judicial
Appeal
Type II
Director Decision
HE Appeal
Type III
HE Decision
Judicial Appeal
Type IV
City Council
Decision
Judicial
Appeal
Type V
City Council
Decision
GMHB Appeal
Ordinance No. 029-19
Page 2 of 8
Building
Permit1(Subtitle X
of this title)
Binding Site Plan,
Final
(Chapter 20.94
POMC)
Preliminary Plat –
Minor
Modifications
(Chapter 20.88
POMC)
Minor Land
Disturbing Activity
Permit
(Chapter 20.140
POMC and
POMC20.150.100)
Boundary Line
Adjustment
(Chapter 20.84
POMC) Code
Interpretation
(Chapter 20.10PO
MC) Legal
Nonconforming
Permit
(Chapter 20.54 PO
MC) Short Plat,
Final
(Chapter 20.86PO
MC)
Sign Permit (if
SEPA not
required)
(Chapter 20.132P
OMC)
Short Plat, Preliminary,
Alteration of Preliminary,
Alteration of Final, Vacation
of Final
(Chapters 20.86 and
20.96 POMC)
Temporary Use Permit
(Chapter 20.58 POMC)
Binding Site
Plan –
Preliminary,
Alteration of
Preliminary,
Alteration of
Final, Vacation
of Final
(Chapter 20.9
4POMC)
Stormwater Drainage
Permit
(Chapter 20.150POMC)
Sign Permit (if SEPA
required)
(Chapter 20.132 P
OMC)
Shoreline Substantial
Development Permit,
Administrative
(Chapter 20.164POMC)
Major Land Disturbing
Activity Permit
(Chapter 20.140 POMC
and POMC20.150.100)
Preliminary Plat,
Preliminary Plat Major
Modifications, Alteration
of Final, Vacation of Final
(Chapters 20.88 and 20.96
POMC)
Variance
(Chapter 20.28 POMC)
Conditional Use Permit
(Chapter 20.50 POMC)
Shoreline Substantial
Development Permit,
Conditional Use Permit,
and No administrative
Variance
(Chapter 20.164 POMC)
Planned Residential
Developments
Comprehensive Sign
Design Plan Permits
Final Plat – Alteration or
Vacation
(Chapter 20.96 POMC)
View Protection Overlay
District (VPOD) Variance
(POMC 20.38.713)
Final Plat
(Chapter 20.90 P
OMC)
Site-Specific
Rezone without
Comprehensive
Plan Amendment
(Chapter 20.42P
OMC)
Development
Agreement
(Chapter 20.26 P
OMC)
Comprehensive
Plan Amendment
– Land Use Map
Amendment,
Text Amendment
(Chapter 20.04P
OMC)
Legislative Zoning
Map Amendment
(Chapter 20.06P
OMC)
POMC
Title 20 Code
Amendment
(Chapter 20.06P
OMC)
Annexations
Sign Variance
(Chapter 20.132P
OMC)
Shoreline Permit
Exemption
(Chapter 20.164 P
OMC)
Temporary Use
Permit, Extension
(Chapter 20.58PO
MC)
Variance – Administrative
(Chapter 20.28POMC)
Ordinance No. 029-19
Page 3 of 8
Untyped review and decision actions: preapplication meeting (Chapter 20.24 POMC), design
review board review and recommendation (POMC 20.38.228), tax exemption for multifamily
development (Chapter 3.48 POMC), capacity reservation certificate (Chapter 20.180POMC),
public works design variation, right-of-way permit (Chapter 12.04 POMC), street use permit
(Chapter 12.24 POMC), water/sewer connection permit (Chapter 13.04 POMC).
1 If a building permit application does not require SEPA review, no public notice is required. If a
building permit application requires SEPA review, public notice shall be provided consistent
with the requirements for Type II applications pursuant to Chapter 20.25 POMC.
SECTION 2: Section 20.140.040 of the Port Orchard Municipal Code is hereby amended
to read as follows:
20.140.040 Decision Type
A land disturbing activity permit is a either a Type I or Type II action depending on permit scope
as described below and shall be reviewed and considered in accordance with the procedures for
such actions as set forth in Subtitle II of this title and this chapter.
(1) Land disturbing activity permits for minor development as defined in POMC
20.150.020(11) and for projects limited to tree cutting shall be a Type I action.
(2) Land disturbing activity permits for major development as defined in POMC
20.150.020(11) shall be a Type II decision.
SECTION 3: Section 20.140.060 of the Port Orchard Municipal Code is hereby amended to
read as follows:
20.140.060 Permit – Form – Exemptions.
(1) Permit Required. A land disturbing activity permit is required to be submitted for all land
disturbing activity and must be obtained prior to the commencement of any land disturbing
activity unless the activity is exempted in this section. A land disturbing activity permit shall be
required regardless of any other permits issued by any other department or governmental
agency who may be interested in certain aspects of the proposed work.
(2) Permit Form. 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 chapter.
(3) Permit Exemptions. If a person or entity determines that a proposed land disturbing
activity is exempt from obtaining a land disturbing activity permit under this chapter, the person
or entity may consult with the department to confirm the determination or to ensure compliance
with other applicable requirements of this code. A consultation may be requested in the form of
a preapplication meeting.
Ordinance No. 029-19
Page 4 of 8
(4) Permit Fee. Application fees shall be collected pursuant to the city’s current fee schedule
to compensate the department for the investigation, permit administration, plan review, and
ongoing monitoring/inspection of all clearing and grading permit applications. Additional review
fees required under this code may be applicable to individual land disturbing activity permit
applications, including, but not limited to, shoreline management, SEPA, and critical areas review
fees.
(5) Increased Fee for Work without a Permit. Whenever any work for which a land disturbing
activity permit is required by this chapter has been commenced without first obtaining a valid
permit, the city may double the application fee. This fee increase may be imposed in addition to
any other enforcement procedures pursuant to this chapter.
(6) Any rockery or other retaining structure greater than four feet in height shall be permitted
under a separate building permit.
(7) Emergencies. Emergency activities are those activities necessary to prevent an immediate
threat to public health, safety, or welfare, or that pose an immediate risk of damage to property
and that require remedial or preventative action in a short time frame. The person or agency
undertaking such action shall notify the city and the director shall determine if the action taken
is within the scope of the emergency action allowed in this section. After the emergency, the
person or agency shall obtain the required Land Disturbing Activity Permit and ensure that the
area of disturbance in brought into conformance with this chapter.
(8) Danger Tree Removal. Danger Trees shall not require a land disturbing activity permit
provided that they are identified by a licensed arborist as damaged, diseased or a safety hazard
due to potential root, trunk or primary limb failure prior to removal. Documentation of any
danger tree designation provided to the City upon request. The city recommends that notification
of danger tree removal along with providing documentation of the presence of a danger tree be
provided to the city prior to removal.
SECTION 4: Section 20.140.070 of the Port Orchard Municipal Code is hereby amended to
read as follows:
20.140.070 Permit – Stormwater drainage permit required – Exemptions.
(1) Stormwater Drainage Permit Required. Except as specifically exempt herein, the
issuance of a stormwater drainage permit pursuant to Chapter 20.150 POMC shall be required
for all activities requiring a land disturbing activity permit under this chapter.
(2) Exemptions. The following land disturbing activities do not require the issuance of a
stormwater drainage permit; provided, that an exemption from issuance of a stormwater
drainage permit under this section does not constitute an exemption from the other
requirements of this chapter or Chapter 20.150 POMC:
Ordinance No. 029-19
Page 5 of 8
(a) Excavation for utilities, or for wells or tunnels, under a separate permit.
(b) An excavation below finished grade for basements and footings of a building,
retaining wall, or other structure authorized by a valid building permit. This shall not
exempt the placement of any fill material removed from such an excavation and shall not
exempt any excavation beyond the limits of the basement or footing excavations nor
exempt excavations having an unsupported height greater than five feet after the
completion of such a structure.
(c) Agricultural crop management outside of critical drainage areas limited to the
preparation of soil by turning, discing, or other means endorsed by the Kitsap conservation
district.
(d) Excavation for cemetery graves.
(e) Landscape installation where fill is confined to less than one foot of topsoil and land
disturbing activities are limited to less than one acre.
(f) The disposal of solid waste, wood waste, problem waste, and demolition waste
authorized pursuant to Chapter 70.95 RCW, and regulations presently enacted or as may be
amended or as specifically approved by the Bremerton-Kitsap County health district.
(g) Mining, quarrying, excavating, processing, and/or stockpiling of rock, sand, gravel,
aggregate, or clay where established and provided by law and a permit for said activity has
been issued by the state of Washington or the federal government, provided such
operations do not affect the lateral support or increase the stresses in or pressure upon any
adjacent or contiguous land.
(h) Exploratory excavations under the direction of a qualified civil engineer.
(i) Grading activities already approved by separate permit granted by any governing
authority.
(j) Emergency sandbagging, diking, ditching, filling, or similar work during or after
periods of extreme weather conditions when done to protect life or property.
(k) Maintenance activities within public rights-of-way performed by city personnel
(l) Tree cutting activities which remove less than 7,000 square feet of tree canopy
area.
SECTION 5: Section 20.140.080 of the Port Orchard Municipal Code is hereby amended to
read as follows:
20.140.080 Permit – Submittal requirements.
(1) General Requirements. Each application for a land disturbing activity permit shall be
accompanied by plans and specifications and other supporting data, as applicable. The plans
and specifications shall be prepared and signed by a civil engineer registered to practice in the
Ordinance No. 029-19
Page 6 of 8
state of Washington. Plans and specifications for single-family residential construction and
minor land disturbing activity permits shall not require preparation and signature by a licensed
engineer unless deemed necessary by the city engineer.
(2) Soils Report. A soils report shall be prepared by a licensed soils or geotechnical engineer
and shall cover all portions of the project within the engineer’s 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. An application for a land disturbing activity permit for tree cutting
meeting the definition of a minor development will not require a soils report unless deemed
necessary by the city engineer.
(3) Grading Plan. Land disturbing activities that include grading and which meet the
definition of a major development shall be required to have an approved engineered grading
plan.
(4) Abbreviated Grading Plan. Land disturbing activities that include grading and which meet
the definition of a minor development will require an approved abbreviated grading plan in lieu
of an engineered grading plan. An abbreviated grading plan is a grading plan that does not
require preparation and signature by a professional civil engineer.
(5) Erosion and Sedimentation Control. The grading plan shall include a temporary erosion
and sedimentation control plan. The plan shall clearly indicate the construction sequence for
establishment of all erosion and sedimentation control work, both temporary and permanent.
The plan shall conform to all requirements and standards for erosion and sedimentation control
set forth in this chapter.
(6) Critical Areas. If the land disturbing activity is proposed to take place in or adjacent to a
critical area as regulated in Chapter 20.162 POMC, additional information as required by that
chapter shall be submitted with the application.
(7) Tree Cutting. An application for a land disturbing activity permit for tree cutting meeting
the definition of minor development will require an abbreviated tree removal plan in lieu of an
engineered grading plan or abbreviated grading plan. Abbreviated tree removal plans must
indicate the approximate location of the tree(s) to be removed, the species of tree(s) to be
retained and removed, the diameter at breast height of each tree to be removed, and the
relative location of adjacent (within 75 feet) trees to be retained, buildings, and/or
improvements. Any abbreviated tree removal plan shall comply with POMC 20.129 if significant
Ordinance No.029-19
Page 7 of 8
plans may be required by the director. Timber harvesting may require additional state permits
prior to commencing work under an approved land disturbing activity permit.
SECTION 5: Section 20.150.020(10) of the Port Orchard Municipal Code is hereby
amended to read as follows:
20.150.020 (101 "L'
"Land disturbing activity''shall mean any activitythat results in movement of earth, or a
change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil
topography, including the creation and/or replacement of impervious surfaces. Land disturbing
activities include, but are not limited to, demolition, construction, paving, clearing, grading,
filling, excavation, and gr:ubbing. Compaction that is associated with stabilization of structures
and road construction shall also be considered a land disturbing activity. Vegetation
maintenance practices, including landscape maintenance and gardening, are not considered
land disturbing activity. Stormwater facility maintenance is not considered land disturbing
activity if conducted according to established standards and procedures. The cutting of trees
less than 18" DBH, not located within any potential critical areas nor part of required landscape
or stormwater infrastructure, is not considered a land disturbing activity.
"Land use permits and approvals" shall mean any use or development of land that requires
city action in legislation, administration, or approval.
SECTION 7: Severability. lf any section, subsection, paragraph, sentence, clause, or
phrase of the Ordinance is declared unconstitutional or invalid for any reason, such decision shall
not affect the validity of the remaining parts of this Ordinance.
SECTION 8: Effective Date. This ordinance shall be in full force and effect five (5) days
after posting and publication, as required by law. A summary of the Ordinance may be published
in lieu of the entire Ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 13th day of August, 2079.
llll
Robert Pu suu, Mayor
Ordinance No.029-19
Page 8 of 8
ATTEST:
n Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
s Cates, City Attorney
SPONSOR:
Scott Di , Councilmember
PUBLTsHED: {lz>
EFFECTIVE DATE: f,
av\1
wlr,afl
I
I
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held August 13,2019.
oRDTNANCE NO.029-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
CIARIFYING REQUIREMENTS FOR MINOR IAND OISTURBING ACTIVITY
PERMITS; AMENDING SECTIONS 20.22.O2O, 20.140.040, 20.140.060,
20.t4o.o7o, 20.140.080, AND 20.150.020(101 OF THE C|TY OF PORT
ORCHARD MUNICIPAI CODE; PROVIDING FOR SEVERABILITY; AND
ESTAETISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 029-19 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 029-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 23, 2019