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All land clearing shall conform to the following standards and provisions unless otherwise recommended in a forest management plan, prepared by the city’s tree protection professional and approved by the city, where the alternate procedures will be equal or superior in achieving the policies of this code. In addition, the following minimum standards and provisions shall be the governing criteria for the issuance or denial of land clearing permits under this chapter:

A. Tree tract. Land clearing shall meet requirements for tree tracts as specified in LMC 14.32.064.

B. Soil stability. The clearing will not create or contribute to landslides, accelerated soil creep, settlement and subsidence or hazards associated with strong ground motion and soil liquefaction.

C. Preservation. The proposal shall contain reasonable provisions for the preservation of natural topography, water features, vegetation, drainage and other existing natural features on the site.

D. Runoff. The clearing will not create or contribute to flooding, erosion or increased turbidity, siltation or other forms of pollution in a watercourse.

E. Sensitive areas. No ground cover or trees which are within the designated buffer area of creeks, streams, lakes and other shoreline or wetland areas shall be removed, nor shall any mechanical equipment operate in such areas; provided, that conditions deemed by the director to constitute a hazard may be removed; and provided, that a property owner shall not be prohibited from making landscaping improvements where such improvements are consistent with the aims of this chapter. The designated buffer area shall be in accordance with the city’s wetland protection ordinance as hereafter amended. Buffer areas shall be consistent with best available science guidelines and recommendations from the Washington State Department of Ecology for classification, protection and designation of wetlands and wetland buffer areas.

F. Aesthetic character. The clearing will be undertaken in such a manner as to preserve and enhance the city’s aesthetic character. Vegetative screens or buffer strips shall be maintained or be reestablished in a timely manner with approved plantings along public rights-of-way and adjoining property boundaries.

G. Erosion control. Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time, consistent with an anticipated build-out schedule.

H. Conformance with laws. Land clearing activities shall be performed in accordance with all applicable laws, rules and regulations pertaining to air and water pollution, the Washington Forest Practices Act, and the Shoreline Master Program.

I. Protection of roots. Except for the use of existing roads and constructed pathways, land clearing machinery shall be kept outside of the root protection zone of any trees designated for retention. Damaging of trees designated for retention by making cuts or fills, trenching, compacting of the soil, draining concrete rinsate, attaching wires or other devices to the trees, piling of materials, modification of drainage within the root protection zone, breaking of tree stems or branches, removal of desirable groundcovers from under tree, or otherwise damaging the roots or root zone of the tree shall be considered a violation of this chapter and shall require mitigation pursuant to the requirements of LMC 14.32.090(C). All requirements for protection of trees and vegetation detailed in plans prepared by the city’s tree protection professional or in land clearing conditions required by staff such as fencing and other protection measures shall be satisfied.

J. Clearing of individual lots with land division approvals prohibited. Where a land division of property is concerned, only areas where streets and utilities are to be constructed can be cleared of trees and ground cover. No such rights-of-way clearing of trees or ground cover shall take place until preliminary short plat, preliminary plat or preliminary binding site plan approval has been granted and engineered plans for road construction have been approved by the city and said road areas have been surveyed and staked to enable city staff to confirm road locations. No tree removal or brushing shall take place on lots or in open space areas of a preliminary short plat or preliminary plat except through the provisions of LMC 14.32.069. Additionally, no tree removal or brushing shall take place on lots or in open space areas of a final land division except through the provisions of LMC 14.32.069, or on a lot by lot basis after individual building permit applications have been made and land clearing activities have been approved for said individual lots pursuant to the requirements of LMC 14.32.050 or 14.32.060.

K. Intent. Land clearing shall meet the intent and requirements of Lacey’s Urban Forest Management Plan. (Ord. 1496 §22, 2016; Ord. 1269 §11, 2006).