HomeMy WebLinkAboutO-2769 - Amends Sec. 19.28.030, clearing, grading, filling and erosion control standards (Repealed by 2852)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE N027 bC}
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON, AMENDING
THE CITY'S DEVELOPMENT REGULATIONS RELATED TO ADDITION OF
DESIGN CRlTERlA FOR GRADING FOR RESIDENTIAL DEVELOPMENT, AND
AMENDING CHAPTER 19.28 OF THE MARYSVILLE MUNICIPAL CODE.
WHEREAS, the State Growth :Management Act, Chapter 36.70A, RCW mandates that cities
periodically review and amend development regulations which include but are not limited to zoning
ordinances and official controls; and
WHEREAS, RCW 36.70A,106 requires the processing of amendments to the City's
development regulations in the same manner as the original adoption of the City's comprehensive
plan and development regulations; and
WHEREAS, the State Growth Management Act requires notice and broad public
participation when adopting or amending the City's comprehensive plan and development
regulations; and
WHEREAS, the City, in reviewing and amending its zoning code and development
regulations has complied with the notice, public participation and processing requirements
established by the Growth :Management Act, as more fully described below; and
WHEREAS, the City ColU1cil of the City of :Marysville finds that from time to time it is
necessary and appropriate to review and revise provisions of the City's Zoning Code (Title 19
11MC); and
WHEREAS, this Zoning Code amendment is consistent with the following required findings
of 11MC 19.56.030:
(1) The amendment is consistent with the purposes of the comprehensive plan;
(2) The amendment is consistent with the purpose of Title 19 11MC;
(3) There have been significant changes in the circumstances to warrant a change;
(4) The benefit or cost to the public health, safety and welfare is sufficient to warrant the action;
and
WHEREAS, the Planning Commission discussed the above-referenced amendment during
public meetings September 23,2008, January 13,2009 and February 10, 2009; and
WHEREAS, after providing notice to the public as required by law, on February 10, 2009, the
Marysville Planning Commission held a Public Hearing on proposed changes to the City's Zoning
Code; and
WHEREAS, at a public meeting on February 23,2009, the :Marysville City Council reviewed
and considered the amendment to the Zoning Code proposed by the :Marysville Planning
Commission; and
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WHEREAS, the Oty of Marysville has submitted the proposed development regulation
revisions to the Washington State Depanment of Community, Trade, and Economic Development
as required by RCW 36.70A.106; and
WHEREAS, the Oty has complied with the requirements of the State Environmental Policy
Act, Ch.43.21 C RCW, (SEPA) byadopting a determination of non-significance for the adoption of
the proposed revisions to the Oty's development regulations;
NOW, THEREFORE, THE OTY COUNOL OF THE OTY OF MARYSVILLE,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Chapter 19.28 MMC is hereby amended by amending MMC 19.28.030 to read
as follows:
19.28.030 Minimum standards.
(1) Siltation and Erosion Control. Siltation and erosion control shall occur and be performed in
accordance with Chapter 14.15:MMC.
(2) Grading. The following are the minimum standards for grading unless otherwise modified by an
approved grading plan:
(a) Grading shall not contribute to or create landslides, accelerated soil creep, or settlement of soils.
(b) Natural land and water features, vegetation, drainage and other natural features of the site shall
be reasonably preserved.
(c) Grading shall not create or contribute to flooding, erosion, increased turbidity, or siltation of a
watercourse.
(d) Groundcover and tree disturbance shall be minimized.
(e) Grading operations shall be conducted so as to expose the smallest practical area to erosion for
the least possible time.
(f) Grading shall not diven existing watercourses.
(g) The duff layer and native topsoils shall be retained in an undisturbed state to the maximum
extent practicable in areas not intended for building pads, access ways or other impervious surfaces.
(3) Cuts and Fills. The following are the minimum standards for cutting and filling slopes; provided,
that these provisions may be waived by the city engineer for grading operations of a minor nature:
(a) Cut slopes shall be no steeper than is safe for the intended use. Cut slopes greater than five feet
in height shall be no steeper than two horizontal to one venical (2:1), except where approved
retaining walls are to be installed.
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0RDIN NeE -GRADING CODE AMENDMENrs
(b) Filling should only occur where the ground surface has been prepared by removal of vegetation
and other unsuitable materials or preparation of steps where natural slopes are steeper than five to
one (5:1). Fill slopes should not be constructed on natural slopes greater than two to one (2:1).
(c) Fill slopes shall be no steeper than is safe for the intended use. Fill slopes greater than five feet in
height shall be no steeper than two horizontal to one vertical (2:1), except where approved retaining
wall are engineered and installed.
(d) Steeper cuts/fills may be permitted if supported byan approved soils/geological report3
provided,that for residential development,the proposed steeper cuts/fills must comply with
the design standards outlined in section 19.28.030(4).
(e) Cut and fill slopes shall not encroach upon adjoining propenywithout written approval of the
adjacent owner.
(f) Cut and fill slopes shall be provided with subsurface and surface drainage provisions to approved
discharge locations as necessary to retain the slope.
(g) The faces of slopes shall be prepared and maintained to control erosion. Check dams, riprap,
plantings, terraces, diversion ditches, sedimentation ponds, straw bales, or other methods shall be
employed where necessary to control erosion and provide safety. The erosion control measures shall
be initiated or installed as soon as possible and shall be maintained by the owner.
(h) Fill materials used as a structural fill shall be compacted in accordance with the requirements
applicable to the future use.
(4) Design Criteria. The following are the minimum design standards for cutting and filling
slopes for residential development, provided that these provisions may be waived by the city
engineer for grading operations of a minor nature:
(a) The aesthetic and spatial impact of altered grades on adjacent properties both public
and private shall be considered in site design.
(b) Sites shall be developed to promote continuity and to minimize abrupt grade changes
between sites.
(c) Grading shall be the minimum necessary to make installation and function of
infrastructure feasible and economic for future service extensions to adjacent properties.
(d) The developer shall consider the natural topography and the proposed layout of the
subdivision when siting roads in order to anticipate grading needs and minimize extensive
grading in order to build.
(e) Ifretaining walls taller than four feet are used, as measured from the average grade, and
are visible from the street or adjacent property, they shall be terraced so that no individual
segment is taller than four feet; provided, that where adjacent properties are not adversely
affected or the retaining wall is minor in nature, the community development director may
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ORDINANCE -GRADING CoDE AMENDMENTS
reduce or waive these standards. Terraced walls shall be separated by a landscaping bed at
least two feet in width. Alternative landscaping treatments will be considered, provided they
reduce the bulk and scale of the retaining wall and enhance the streetscape or transition
between properties.
Figure 1. Tall retaining walls must be terraced with landscaping as depicted below.
Retaining walls are terraced
with landscaping
4' maximum
(5) Sensitive Areas. No land-disturbing activity shall be permitted in a regulated sensitive area, except
as otherwise allowed by applicable laws and permits.
(6) Clean Up. Persons and/or firms engaged in clearing, grading, and filling, or drainage activities
shall be responsible for the maintenance of work areas free of debris or other material that may
cause damage to or siltation of existing or new facilities or have the potential of creating a safety
hazard.
(7) 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 entrainment. Any dust suppressants used shall
be approved by the director. Petrochemical dust suppressants are prohibited. (Ord. 2694 § 8, 2007;
Ord. 2246 § 2,1999; Ord. 2131,1997).
Section 2. Severability. If any section, subsection, sentence, clause, phrase or work of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other
section, subsection, sentence, clause, phrase or word of this ordinance.
PASSED by the City Council and APPROVED by the Mayor this C\+t'1 day of
f'{'Q tV h , 2009. .....
OIT OF MARYSVILLE
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Approved as to fonn:
By. D,M-It. ~';)
GRANT K. WEED, OTY A1TORNEY
Date of Publication:
Effective Date: 3-/~-O '1
(5 days after publication)
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