ORDINANCE NO. 2024-1127

AN ORDINANCE OF THE CITY OF ORTING, WASHINGTON, RELATING TO THE INADVERTENT DISCOVERY OF HUMAN SKELETAL REMAINS; ADOPTING AMENDMENTS TO ORTING MUNICIPAL CODE CHAPTER 10-16; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.

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WHEREAS, the City of Orting, Washington, has Carbon River and Puyallup River shorelines and was originally inhabited by native populations, such as the Yakama Nation, Puyallup Tribe of Indians, and the Sauk-Suiattle Indian Tribe; and

WHEREAS, RCW 68.50.645, RCW 27.44.055, and RCW 68.60.055 set forth protocols for the response required when human remains are found; and

WHEREAS, it is in the public interest to adopt language pertaining to the inadvertent discovery of human skeletal remains by Ordinance, and codify the language in the Orting Municipal Code; and

WHEREAS, the Planning Commission held a public hearing and considered this Ordinance on February 5, 2024; and

WHEREAS, a 60-day comment period notice for the proposed amendment in this Ordinance was provided to the Washington State Department of Ecology, the Department of Commerce, affected tribes, agencies with expertise, and the public, pursuant to WAC 197-11-800 (1)(c)(iii), and the comment period closed on January 29, 2024, with one set of comments received pertaining to aspects of the proposal unrelated to OMC 10-16; and

WHEREAS, on April 10, 2024, the City Council held a public hearing on the proposed code amendment in this Ordinance; and 

WHEREAS, the City Council has determined that the proposed code amendment in this Ordinance is consistent with the goals and policies of the City’s comprehensive plan, and will serve the public health, safety, and general welfare;

NOW THEREFORE, the City Council of the City of Orting, Washington, do ordain as follows:

Section 1. Amendment:  Orting Municipal Code Chapter 10-16 is hereby amended to add a new section OMC 10-16-5 addressing the inadvertent discovery of human skeletal remains as shown on Attachment A to this Ordinance.

Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this Ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering.

Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances.

   Section 4. Transmittal to State. Pursuant to RCW 36.70A.106, a complete and accurate copy of this Ordinance shall be transmitted to the Department of Commerce within ten (10) days of adoption.

   Section 5. Effective Date. This Ordinance shall take effect and be in force five (5) days after its approval, passage and publication as required by law.

   ADOPTED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE 10th DAY of APRIL, 2024.

CITY OF ORTING

Joshua Penner, Mayor

ATTEST/AUTHENTICATED:

Kim Agfalvi, CMC, City Clerk

Approved as to form:

Charlotte A. Archer

Inslee Best

City Attorney

Filed with the City Clerk:

Passed by the City Council:

Ordinance No.

Date of Publication:

Effective Date:

Attachment A

TITLE 10
BUILDING AND CONSTRUCTION

CHAPTER 16 GRADING/FILLING OF LAND

SECTION:

10-16-1: Permit Required

10-16-2: Application For Permit

10-16-3: Approval By Building Inspector

10-16-4: Fill Material

10-16-1: PERMIT REQUIRED:

No person shall fill any land within the City without first obtaining a permit from the Building Inspector. (1973 Code § 14.46.010)

10-16-2: APPLICATION FOR PERMIT:

The person requesting a permit shall file a written application therefor with the Building Inspector. Such application shall include the following items:

   A.   The name and address of the applicant.

   B.   The name and address of the owner of the property where the fill material is to be deposited.

   C.   The exact location of the proposed fill, giving the street address or legal description of the property involved.

   D.   No fill shall be placed which exceeds a three to one (3:1) slope from the property line, unless it is first approved by the City Council.

   E.   No fill shall be placed above the street level, unless it is first approved by the City Council.

   F.   A detailed plot plan of the entire area to be filled showing:

      1.   The dimensions of the property.

      2.   The dimension and location of all existing and proposed and temporary and permanent stormwater BMPs as required based on Title 9, Chapter 5 of this code.

      3.   The existing elevations and final finished grades of the fill area.

      4.   The disposition of all water from the fill area assuming that the fill will be eventually improved with parking and buildings and permanent mitigation measures required by the City.

      5.   The adequacy of the receiving existing permanent stormwater BMPs to receive this flow allowing a reasonable assumption of eventual development of adjoining areas.

      6.   Adequate on-site retention of water for all sites being developed will be designed for contiguous property under one ownership. If the total site is not to be developed immediately, the design shall include the plans for the fully developed contiguous ownership as best the owner can ascertain at the time of the application. Calculations shall be submitted by the developer and checked by the City Engineer. Actual construction may be phased with development, and temporary facilities may be required in the interim, all as approved by the City Engineer. All calculations will be based on the requirements of Title 9, Chapter 5 of this code.

The definition of sites being developed shall be when any of the following approvals are required:

         a.   Fill permit.

         b.   Substantial development permit required under RCW Chapter 90.58 (Shoreline Management Act).

         c.   Subdivision approval.

         d.   Short plat approval.

         e.   Large lot approval.

         f.   Rezones.

         g.   Conditional use permits.

         h.   Building permits.

         i.   Planned unit development.

Any parcel smaller than twenty thousand (20,000) square feet shall be exempt from the above requirement, unless it is determined by the City Engineer to be in a critical area or to create a critical situation.

      7.   A Stormwater Site Plan prepared in accordance with Title 9 and including the calculations required by section 10-16-2.F.6 of this code.

      8.   The City Engineer will have the discretion to determine the amount of studies downstream from the proposed development relative to their capacities to handle the released water from the improvement. These studies shall be used to determine what improvements are to be constructed by the developer.

      9.   The proposed stormwater management shall be documented in the Stormwater Site Plan and Construction Stormwater Pollution Prevention Plan prepared in accordance with Title 9, Chapter 5 of this code.

   G.   The location of any buildings or other structures or improvements or permanent stormwater BMPs.

   H.   The type of fill material to be used.

(1973 Code § 14.46.020; amd. Ord. 2019-1057, 1-8-2020)

10-16-3: APPROVAL BY BUILDING INSPECTOR:

No permit shall be issued unless the application has been approved by the Building Inspector. (1973 Code § 14.46.040)

10-16-4: FILL MATERIAL:

The fill material will be of a quality which will permit the construction of buildings thereupon. No fill will be approved which contains a substantial amount of decomposable materials. No filling shall be permitted which interferes with any drainage or existing permanent stormwater BMPs unless mitigation is documented in the Stormwater Site Plan approved by the City. No hydraulic fill shall be permitted unless it is first approved by the City Council.

(1973 Code § 14.46.030; amd. Ord. 2019-1057, 1-8-2020)

10-16-5: INADVERTENT DISCOVERY OF HUMAN SKELETAL REMAINS:

If during the course of construction ground disturbing activities encounter or reveal human skeletal remains, then all activity shall cease that may cause further disturbance to those remains. The area of the find shall be secured and protected from further disturbance until the State provides notice to proceed. The discovery of human skeletal remains shall be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains shall not be touched, moved, or further disturbed. The county medical examiner/coroner shall assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they shall report that finding to the Department of Archaeology and Historic Preservation (DAHP) who shall then take jurisdiction over the remains. The DAHP shall notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist shall make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP shall handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains.