Ordinance 35070006.90000
WSS /gjz
5/24/04
ORDINANCE NO. 3507
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING ECDC CHAPTER 18.45 BY THE
AMENDMENT OF SECTION 18.45.030 EXEMPTIONS,
18.45.070 VIOLATIONS AND PENALTIES, BY THE
ADDITION OF NEW SECTIONS 18.45.035 PROCEDURAL
EXEMPTION AND 18.45.080 ADDITIONAL REMEDIES
AUTHORIZED, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, the City regulates the clearing of land in order to prevent the clearing
of land for the sole purpose of development prior to entering into an appropriate review
procedure such as subdivision or Architectural Design Board review; and
WHEREAS, recent events within the City have indicated the need to better
coordinate the provisions of Chapter 18.45 with the provisions of Chapter 20.10 related to
architectural design review; and
WHEREAS, the City Council finds that the fines imposed pursuant to this chapter
need to more properly reflect the damage which can be done to the City's aesthetic and physical
environment by unregulated clearing, particularly when said clearing takes place within areas of
the City which are particularly susceptible to environmental damage such as critical areas,
critical area buffers, earth subsidence and landslide hazard areas, or areas which have been or are
intended to be dedicated to public use, such as native growth protection easements; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
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Section 1. The Edmonds Community Development Code Section 18.45.030
Exem tp ions is hereby amended to read as follows:
18.45.030 Exemptions.
The following shall be exempt from the provisions of this chapter.
A. Clearing on a developed single - family lot or clearing on a
partially developed single - family lot, which is capable of being
divided into one additional lot, except for:
1. That portion of the lot that is located in a designated
environmentally sensitive area,
2. That portion of the lot that is located within 25 feet of any
stream or wetland,
3. That portion of the lot that has slopes exceeding 25 percent;
B. Undeveloped lots which are not capable of being further
subdivided, except for:
1. That portion of the lot that is located in a designated
environmentally sensitive area,
2. That portion of the lot that is located within 25 feet of any
stream or wetland,
3. That portion of the lot that has slopes exceeding 25 percent;
C. Routine landscape maintenance and gardening;
D. Removal of trees and/or ground cover by the public works
department, parks department, fire department and/or public or
private utility in situations involving danger to life or property,
substantial fire hazards, or interruption of services provided by a
utility;
E. Installation and maintenance of public utilities, after
approval of the route by the planning division manager or his or
her designee, except in parks or environmentally sensitive areas;
F. Emergency situations on private property involving danger
to life or property or substantial fire hazards.
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Section 2. The Edmonds Community Development Code, Chapter 18.45. Land
Clearing is hereby by the addition of a new section 18.45.035 Procedural Exemption to read as
follows:
18.45.035 Procedural exemption.
Projects requiring the approval of the Edmonds Architectural
Design Board ( "ADB ") under the provisions of Chapter 20.10
ECDC shall be exempt from the application and procedural
requirements of this chapter, provided, however, that:
A. Clearing on such projects shall take place only after ADB
approval and shall be in accordance with such approval.
Violations shall be subject to the remedies prescribed by this
Chapter. See ECDC 18.45.070.
B. ADB review of clearing proposals shall be consistent with
and apply to the standards established by this chapter.
Section 3. ECDC 18.45.070 Violations and penalties is hereby amended to read
as follows:
18.45.070 Violations and penalties.
A. A violation of any of the provisions of this chapter shall
constitute a misdemeanor. It shall be a separate offense for each
and every day or portion thereof during which any violation of any
of the provisions of this chapter is committed.
B. Any person found violating the provisions of this chapter
may be fined by the planning division manager in an amount not to
exceed $1,000 per day and/or $500 per tree. Any fine imposed by
the planning division manager is appealable to the hearing
examiner. This civil fine shall be in addition to any criminal, civil,
or injunctive remedy available to the City.
C. The fines established in paragraph C above shall be tripled
to $3,000 per day and/or $1,500 per tree for clearing which occurs
within any critical area or critical area buffer, in any earth
subsidence or landslide hazard area, in any native growth
protection easement or in any area which is designated for transfer
or dedication to public use upon final approval of a subdivision,
planned residential development or other development permit.
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Section 4. ECDC Chapter 18.45 Land clearing is hereby amended by the
addition of a new section 18.45.080 Additional remedies authorized.
18.45.080 Additional remedies authorized.
Violation of ECDC 18.45.035(A) or of any condition of ADB
approval regarding tree clearing, the protection of native growth or
landscaping installation and maintenance shall, in addition to
another remedy imposed, by this code, be a violation of the
provisions of Chapter 18.45 ECDC and subject to the bonding,
violation and penalty and public and private redress provisions of
ECDC 18.45.065 et SeMc .
Section 5. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR G
ATTEST /AUTHENTICATED:
2a---WA.J' "J - &-'�
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE C Y ATTORNEY:
I ( 5�
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 07/02/2004
PASSED BY THE CITY COUNCIL: 07/06/2004
PUBLISHED: 07/11/2004
EFFECTIVE DATE: 07/16/2004
ORDINANCE NO. 3507
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SUMMARY OF ORDINANCE NO. 3507
of the City of Edmonds, Washington
On the 6th day of July, 2004, the City Council of the City of Edmonds passed
Ordinance No. 3507. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECDC
CHAPTER 18.45 BY THE AMENDMENT OF SECTION 18.45.030 EXEMPTIONS, 18.45.070
VIOLATIONS AND PENALTIES, BY THE ADDITION OF NEW SECTIONS 18.45.035
PROCEDURAL EXEMPTION AND 18.45.080 ADDITIONAL REMEDIES AUTHORIZED,
AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of July, 2004.
.�� �•
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON, S.S.
COUNTY OF SN_OHOMISH
1` Ad iMARY OF ORDINANCE NO. 3507
o
"he City o mon s, as ngton
On the 611 day of July, 2004, the City Council of the City of
Edmonds, passed Ordinance No. 3507. A summary of the
content of said ordinance, consisting of the title, provides as , The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - THE HERALD, a daily newspaper printed and published in the City of Everett, County of
TON, AMENDING ECDC CHAPTER 18.45 BY THE AMEND - Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation
MENT OF SECTION 18.45.030 EXEMPTIONS, 18.45.070
' VIOLATIONS AND PENALTIES�4 TAE�DITION OF in said County and Stale; that said newspaper has been approved as a legal newspaper by order
CEDURAL EXEMPTION of the Superior Court of Snohomish County and that the notice
AND 18.45.080 ADDITIONAL —F11:M P Y
AND FIXING A TIME WHEN
EFFECTIVE. City of Edmonds
The full text of this Ordinance will be mailed upon request.
DATED this 7th day of July, 2004.
Published: July 11, 2004.
CITY CLERK, SANDRA S. CHASE Summary of Ordinance No. 3507
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
supplement form, in the regular and entire edition of said paper on the following days and times,
namely:
July 11, 2004
and that said newspaper was regularly distributed to its subscribers during all of said period.
L4
r Principal Clerk
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Subscribed and sworn to before me this r. . t It
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day of July, 2004 trQ 007-4 -
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Notary Public in a for a State of Washington, residiriq v
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County. ,IA
Account Name: City of Edmonds Account Number: 101416 Order Number: 0001186399