Chapter 16.01
LAND DISTURBING ACTIVITIES
Sections:
16.01.040 Permit modification or cancellation.
16.01.060 Enforcement, violations and penalties.
16.01.010 Permit required.
No person may engage in land disturbing activity with mechanical equipment without a duly issued land disturbing activity permit; provided, that permits shall not be required for farming activities necessary to the operation of a farm, land disturbing activities performed with a lawn mower or hand held mechanical device, or:
(1) The delivery of less than 100 cubic yards of material.
(2) Work performed by city forces for city projects.
(3) Maintenance work performed by the White River School District on school district property.
(4) Activity on the WSU Agricultural Facility property and activity on the Rainier State School property.
(5) Activity as necessary to maintain an existing drainage ditch performed with hand held mechanical devices. (Ord. 02-22 § 1, 2022; Ord. 20-99 § 2, 1999; Ord. 16-98 § 2, 1998).
16.01.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Hand held mechanical device” means and includes mechanical equipment, without a seat for the operator, weighing less than 150 pounds, including, but not limited to, weed eaters and small rototillers.
“Land disturbing activity” means any activity that results in a change in the existing soil cover, both vegetative and nonvegetative, and/or the existing soil topography. Land disturbing activities include, but are not limited to, demolition, construction, clearing, grading, filling and excavation.
“Mechanical equipment” means any piece of equipment operated with an engine, whether combustion or electric, including, but not limited to, backhoes, excavators, scrapers, dozers and dumptrucks. (Ord. 6-98 § 3, 1998).
16.01.030 Permit conditions.
A land disturbing activity permit shall not be issued unless the following requirements are met:
(1) Freestanding slopes shall be no steeper than two horizontal units to one vertical unit unless certified, in writing, by a professional engineer licensed in the state to be structurally stable.
(2) All work shall be confined to the property owned by the applicant. No cut and/or fill slopes shall intrude onto other properties.
(3) No debris, earth material, cleared vegetation, or waste material shall be deposited on any other property in the city without first obtaining the required permits and/or approvals, including, but not limited to, the intrusion of such materials into the city’s street and drainage systems.
(4) The clearing/filling/excavation of the property shall be performed in a manner minimizing the runoff of silt and sediment into the storm drainage system and onto adjacent or downstream properties. Erosion control measures shall be instituted as necessary to comply with the requirements of Chapters 14.30 and 14.40 BMC.
(5) The applicant agrees that the city and all officers and employees of the city will not be responsible in any manner for any loss or damage that may happen as a result of work permitted herein; for any loss of or damage to any property; for injury to or death of any persons, either workers or the public or for damage to the public for any cause which may have been prevented by the applicant, or the workers, or anyone employed by the applicant. The applicant shall be responsible for any liability imposed by law for injuries to, or the death of, any persons or damages to property resulting from any cause whatsoever during the performance of the work.
(6) The applicant agrees to indemnify, defend and save harmless the city and all officers and employees of the city from all claims, suits or actions brought for injuries to, or death of, any persons or damages resulting from the work permitted herein or in consequence of any negligence regarding the work permitted herein; the use of any improper materials for the work permitted herein, and the failure to provide adequate engineering for the work permitted herein, caused in whole or in part by any act or omission by the applicant or the agents or employees of the applicant during performance or at any time thereafter of the work permitted herein. In addition to any remedy authorized by law, the city may require the applicant to post a bond to guarantee compliance with the requirements of Chapters 14.30 and 14.40 BMC; provided the applicant shall not be required to indemnify, defend, or save harmless the indemnitee if the claim, suit, or action for injuries, death or damages is caused by the sole negligence of the indemnitee.
(7) The applicant shall bear sole responsibility for damage to property caused by erosion, siltation, run-off, or other related item arising out of the work permitted herein. The applicant shall also bear sole responsibility for any pollution of rivers, streams, ground water or other waters which may occur as a result of work permitted herein.
(8) The city shall be granted unlimited right of entry to the work site for the purposes of making inspections to determine compliance with the requirements and conditions of the permit.
(9) The applicant agrees to comply with any and all corrective measures imposed by the city regarding work permitted herein, including, but not limited to, stop work orders and without regard to whether the measures were directed subsequent to the issuance of this permit.
(10) In the event the proposed land disturbing activity is determined by the public works director to be likely to disrupt, accelerate or otherwise affect stormwater flows onto or from adjacent properties, the public works director may require the applicant provide a certified statement from a professional engineer indicating the disruption to be negligible and proposing measures to mitigate the disruption.
(11) The public works director may require the applicant post a bond, in an amount to be determined by the public works director to be equal to potential property damage to downstream or upstream properties, including, but not limited to, environmental damage. (Ord. 6-98 § 4, 1998).
16.01.040 Permit modification or cancellation.
The city may modify or cancel the conditions of the permit at any time to protect the safety and health of the public. The permit shall automatically be canceled 18 months after the date of issue, except those permits issued for a subdivision, short plat or commercial site plan which has been preliminarily approved by the city, in which case the permit shall run with the plat. The planning director may, upon a showing of good cause, grant an additional one-year extension of the permit. A request for extension must be written and submitted to the city prior to expiration of the original permit in order to be eligible for consideration. (Ord. 07-10 § 1, 2010; Ord. 6-98 § 5, 1998).
16.01.050 Permit fees.
Fees for land disturbing activity permits not associated with a building permit, subdivision or short plat review shall be established by resolution of the city council. There shall be no fee for land disturbing activity permits issued in conjunction with a building permit or a subdivision or short plat review. (Ord. 13-08 § 22, 2008; Ord. 16-98 § 4, 1998).
16.01.060 Enforcement, violations and penalties.
Any person violating or failing to comply with any of the provisions of this title shall be subject to the notice requirements, enforcement, violations and/or penalty provisions of Chapter 1.12 BMC. (Ord. 03-10 § 4, 2010; Ord. 6-98 § 7, 1998).