No person shall do any excavating or filling in excess of 50 cubic yards over the lifetime of the fill or excavation or do any grading or filling in a sensitive area prior to having first obtained a grading permit from the city. This section is applicable to any of the permits/approvals specified in this section, including all building and sewage permits in sensitive areas, and these requirements are in addition to the city's shoreline permit requirements for grading in shoreline areas. Areas designated as sensitive are, for the purpose of this chapter:
A. 
Wetland and stream areas. All lands within 100 feet of wetlands or streams as defined in Chapter 16.20 as it now exists or is hereafter amended.
B. 
Steep/unstable slope areas.
1. 
All lands having greater than 15 percent slopes on which grading is proposed as a part of a land development action.
2. 
Those lands designated in the Department of Ecology Coastal Zone Atlas of Island County dated April 1979, as having recent or historical slide and/or indicative of intermediate or unstable slope conditions, and those lands within 100 feet thereof, or supplemental information related thereto.
C. 
Flood hazard/high-water table areas.
(Ord. 743, 1997)
A. 
Grading in an isolated, self-contained area if there is no danger apparent to private or public property when approved by the building official.
B. 
Refuse disposal sites controlled by other regulations.
C. 
Grading not to exceed an area of one acre incidental to a city of Langley residential building permit unless otherwise specified in Section 15.01.680.
D. 
Excavations and filling of cemetery graves.
E. 
Grading, mining, or extractions which are regulated by the city of Langley zoning ordinance, provided such provisions do not affect the lateral support or increase the stress in or pressure upon any adjacent or contiguous property.
F. 
Grading pursuant to an approved public road access permit wherein the provisions of this chapter have been considered for the entire scope of the grading proposal.
G. 
Work required for the repair, replacement, reconstruction, or widening of an existing public road or utility in an existing right-of-way/easement when project plans/departmental policies govern the activity consistent with this chapter, except that disposal of excavated material outside the project area must either occur at an approved public site or the property owner of the disposal site must have received an approved grading permit from the city, as applicable.
H. 
Work required for the construction of private roadways/utilities necessitated by and/or being reviewed as those actions specified in Sections 15.01.680 through 15.01.720, where erosion control, drainage, and slope stability reports/plans are pre-approval requirements.
I. 
Exploratory excavations under the direction of a registered soils engineer or professional geologist.
J. 
Exploratory excavations performed as a prerequisite of septic drain field approval so long as work is performed more than 40 feet from the top of identified unstable slopes.
K. 
Grading incidental to construction/repair of a bulkhead for protection of an existing single-family residence; provided, that the applicant has an exemption from a shoreline management substantial development permit.
L. 
Grading activities which are regulated by this section, but for which review has occurred, and conditions specified in compliance with this section, as applicable, as a requirement for approval of a land development action of permit listed in Section 15.01.020.
(Ord. 743, 1997)
Every person, corporation, etc., who desires to undertake grading activities subject to the requirements of this chapter shall first make application to the city. A preliminary grading plan shall be submitted, specifying the construction site, soil profile, waste disposal areas, erosion control methods, schedule of operation, existing and proposed topography, composition of fill or waste, location of physical features, property boundaries, drainage control plans, intended use of the property and other such information as the city may deem necessary. The city may waive specific items due to the simplicity and relative safety of the proposed project. The city shall either grant, deny, or specify any additional requirements within a 15-working day period, commencing on the date a complete application is received by the city.
(Ord. 743, 1997)
A. 
A homesite evaluation shall be prepared by a geotechnical engineer, licensed in the state of Washington, for structural development which is proposed to occur within sensitive unstable slope areas as defined by Section 15.01.680(B)(2), except in those instances wherein the structure is set back from the line of the uppermost scarp a horizontal distance of no less than one-third the height of the scarp, plus 40 feet, at the time of construction, and except in those cases when not required by the city after suitable investigation. Homesite evaluations are to be submitted as addendums to the grading permit application and in lieu of a detailed grading plan.
B. 
Applications for developments wherein the stability of the property has been evaluated by qualified consultants, in compliance with this section, as a requirement for approval of a previous application, shall be able to fulfill this requirement with a suitable addendum to the original homesite/development evaluation prepared and submitted by the same consultant/firm, wherein a specific proposal is compared to the original proposal/concept. Approved subdivisions or development plans which required an analysis of stability in compliance with this section as a prerequisite of approval, for example, would not require new homesite/development evaluations for each lot, if setbacks and similar considerations were adequately addressed in the original report and site conditions remain essentially the same.
(Ord. 743, 1997)
The city may require that a detailed grading/drainage plan be prepared by a soils engineer/engineering geologist/hydrologist with demonstrated qualifications to develop a specific report citing the adequacy of the site to support the proposed immediate and long-term intended use of the property. Such plans shall be submitted to the city engineer for review and approval and shall include a soil engineering and engineering geology report with specific conclusions, recommendations, implementation, inspection, and certification procedures.
(Ord. 743, 1997)
Upon completion of all work authorized/required by these provisions, the responsible consultant shall certify that the grading is complete in accordance with the grading plan as approved or modified. Projects involving complex slopes and drainage conditions shall require submittal of an "as-built" grading plan to certify compliance with these provisions.
(Ord. 743, 1997)
The city engineer may require, as a condition to the granting of a permit, that the applicant furnish a performance bond, naming the city as obligee. The bond shall secure the applicant's obligation, after the approved land clearing has been accomplished, to complete the restoration and replanting of the property in accordance with the terms of his permit and within the term thereof. The bond shall be in an amount equal to the estimated cost of such restoration and replanting and with surety and conditions satisfactory to the city engineer.
(Ord. 743, 1997)
Any person or persons aggrieved by any action of the city engineer may within 10 days of such action file a notice of appeal with the hearing examiner setting forth the reasons for such appeal. The hearing examiner shall hear and determine the matter and may affirm, modify or disaffirm the administrative decision within 45 days of the filing of notice of appeal.
(Ord. 743, 1997; Ord. 957 § 3, 2011)
A. 
Intent. It is the desire of the city to preserve and enhance the physical and aesthetic character of the community, to promote land development practices that minimize disturbance to vegetation and soils, minimize surface water and ground water runoff and diversion, prevent erosion, and reduce risk of slides.
B. 
Requirements. No person shall remove any significant tree from a parcel of land without first obtaining approval of a land clearing permit for an approved timber harvest or other specified use requiring the land clearing. Clearing and removal of significant trees may be approved as part of a development action or permit as set forth in Section 15.01.020, or consistent with an approved plat.
C. 
Tree Protection Encouraged. Developers are strongly encouraged to retain as many native trees and as much undergrowth as feasible in support of the city's policy of promoting native landscape retention.
(Ord. 743, 1997; Ord. 966 § 1, 2012; amended during 2013 reformat; Ord. 1004 §§ 2 (Exh. C), 4 (Exh. E), 2014)
A. 
Intent. It is the desire of the city to protect trees designated for preservation during construction projects.
B. 
Applicable Projects. The standards in this section shall apply for any construction project where one or more trees or a group of trees have been designated for preservation, including such trees located within the public right-of-way adjacent to the project site.
C. 
Tree Protection Plan. For all applicable projects, the applicant is required to prepare a tree protection plan that maps all trees or groups of trees designated for preservation, the drip line for individual trees and/or groups of trees, the building footprint for all proposed structures, all proposed impervious surfaces and existing and proposed overhead and underground utilities (including irrigation systems).
D. 
Tree Valuation and Bond Requirement. Each tree designated for preservation shall be assigned a monetary valuation based upon standards available from national arborist associations, such as the ISA Council of Tree and Landscape Appraisers (CTLA). Project proponents are required to submit a bond or other form of surety acceptable to the city equal to the total valuation of the trees designated for preservation.
E. 
Protective Fencing. To protect trees during construction, the developer must install and maintain throughout the life of the development a temporary chain link or durable plastic net fence over an area one and one-half times the radius of the average drip line of the individual or group of trees to be protected. No filling, excavation, clearing, vehicle or equipment use or storage of construction materials shall be permitted within the areas defined by protective fencing. All requests to vary from this standard based on specific site circumstances must be proposed as part of the tree protection plan and approved by the planning official. Depending on species, permanent retaining walls at the drip line may be used to maintain grade level around individual or stands of protected trees.
F. 
Signage on Fence. No fewer than two signs shall be affixed to the protective fence citing the ordinance codified in this section and penalties for violation. Exact language shall be provided by the planning official.
G. 
Alternative Methods. Alternative methods of tree protection that provide equal or greater protection than the standards in this section that have been approved by a certified arborist may be used subject to approval by the planning official.
H. 
Inspection and Enforcement. The city planning official or his/her designee is authorized to enforce the provisions of this section. Regular inspections of the project site will be performed by the planning official to confirm that the requirements and conditions of the tree management plan are being followed.
I. 
Violations and Enforcement. Any enforcement action for violation of this section shall follow the procedures set forth in Chapter 18.29.
(Ord. 966 § 2, 2012; Ord. 1112 § 3 (Exh. A), 2024)