Chapter 15.28 LAND-DISTURBING ACTIVITY

“Adequate erosion control measure, structure, or device” means a mechanism to control soil movement within the area of soil disturbance and which does not result in accelerated erosion and associated transport of sediments downstream.

“Applicant” means any person proposing to do land-disturbing activity within the city limits.

“Area of special flood hazard” means land in a floodplain area subject to a one percent or greater chance of flooding in any given year as designated by FEMA’s National Flood Insurance Program or as adopted by the city.

“Bench” means a relatively level step excavated into natural earth or fill material.

“Borrow” means fill material which is required for on-site construction and is obtained from other locations than the site.

“Buffer zone” means a parcel or strip of land that is designated to permanently remain in an undisturbed and untouched condition. No building, clearing, filling, or grading is permitted within this area, except for minor firewood harvest and watercourse maintenance when necessary to protect life or property.

“Clearing” means the removal of timber, brush, grass, ground cover, or other vegetative matter from a site, which exposes the earth’s surface of the site.

“Compaction” means the densification of a fill by mechanical means.

“Construction documents” means the drawings (plans) and specifications which comprise the directions on how the land-disturbing activity or activity which includes land disturbance is to occur.

“Control measure” means a practice or combination of practices to control erosion and attendant pollution.

“Developer” means a person, partnership, or corporation for whose benefit the land-disturbing activity is performed. An individual who builds a house for the individual’s own occupancy is not a developer.

“Drainage course” means any flow of water through a natural drainage system, manmade conveyance system, or overland drainage in sheet flow condition.

“Earth/earth material” means naturally occurring rock, soil, stone, dirt, or combination thereof.

“Earthwork” means any operation involving the excavation, grading, or filling of earth materials.

“Energy dissipater” means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high-velocity flow.

“Engineer” means a professional civil engineer licensed by the state of Washington and retained and acting on behalf of the applicant.

“Environmentally sensitive area” means streams, stream corridors, ground water recharge areas, wetlands, critical habitat areas, fish-bearing waters, or any other natural feature which would be subject to degradation from erosion, sedimentation, or increased runoff associated with land-disturbing activity.

“Erosion” means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof.

“Excavation” means the mechanical removal of earth material.

“Fill material” means a deposit of earth material placed by mechanical means.

“Filling” means the act of transporting or placing (by any manner or mechanism) fill material from, to, or on any soil surface, natural vegetative covering of soil surface, or fill material (including temporary stockpiling of fill material).

“Grade” means the vertical location of the ground surface.

1. “Existing grade” is the grade prior to grading;

2. “Rough grade” is the stage at which the grade approximately conforms to the approved plan;

3. “Finish grade” is the final grade of the site which conforms to the approved plan.

“Grading” means any excavating, filling, clearing, creation of impervious surface, or combination thereof.

“Ground cover” means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion.

“Impervious surface” means compacted gravel, asphalt concrete, portland cement concrete, bituminous surface, oil-mat, or other finished surface, or ground which is impenetrable or nearly impenetrable by water, or which becomes so over time.

“International Building Code (IBC)” means the most recently adopted version by the city of the International Building Code.

“Land-disturbing activity” means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, or highway and road construction and maintenance, that results in change in the natural cover or topography and that may cause or contribute to sedimentation.

“Natural erosion” means the wearing away of the earth’s surface by water, wind, or other natural agents under natural environment conditions undisturbed by human activity.

“Natural watercourse” means any creek, stream, river, wetlands, pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment.

“Permanent erosion control” means the continuous on-site and off-site control measures that are needed to prevent accelerated erosion, sedimentation, or related pollution from occurring after completion of the land-disturbing activity or the construction project of which the land-disturbing activity is a part.

“Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, council, utility, cooperative, interstate body, or other legal entity.

“Person conducting land-disturbing activity” means any person who may be held responsible for a violation unless expressly provided otherwise by this chapter, or any order adopted pursuant to this chapter.

“Person responsible for the violation” means:

1. The developer or other person who has or holds himself/herself out as having financial or operational control over the land-disturbing activity; and/or

2. The landowner or person in possession or control of the land who has directly or indirectly allowed the land-disturbing activity or has benefited from it, or has failed to comply with any provisions of this chapter, or any order adopted pursuant to this chapter as imposed by duty.

“Plan” means a drawing which will be a part of the set of drawings in the construction documents.

“Sediment” means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its original site of origin.

“Sedimentation” means the process by which sediment has been transported off the site of the land-disturbing activity and settled onto land or the bed of a creek, stream, river, wetland, pond, or other water body.

“Site” means any parcel, or combination of contiguous parcels, where grading, filling, clearing, or creation of an impervious surface is proposed, and which may be controlled by more than one property owner.

“Slope” means an inclined earth surface, the inclination of which is expressed as the ratio of horizontal distance to vertical distance.

“Soils engineer” means a professional civil engineer, licensed by the state of Washington and experienced and knowledgeable in soils engineering.

“Stockpiling” means the placement of material with the intent to remove at a later time.

“Storm drainage facilities” means the system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey storm water through and from a given drainage area.

“Storm water” means rainfall that reaches the surface water system by overland flow, interflow (a complex and transfer of water that occurs just below the surface of the ground) or via constructed conveyance systems.

“Surface water” means the naturally occurring water that flows over or is stored on the earth’s surface.

“Surface water system” means the network of depressions, swales, channels, wetlands, ponds, streams, potholes, and other features which have formed in the natural topography over time to convey or store storm or surface water. In some cases, portions of the natural surface water system have been channelized or otherwise altered.

“Temporary erosion control” means the on-site and off-site control measures that are needed to prevent accelerated erosion, sedimentation, or related pollution from occurring, but may not be needed when the project is completed or when ground conditions have been stabilized by permanent erosion control measures.

“Tract” means all contiguous land and bodies of water in one ownership, or contiguous land and bodies of water in diverse ownership being developed as a unit, although not necessarily all at one time.

“Uncovered” means the removal of ground cover from, on, or above the soil surface.

“Undertaken” means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land.

“Waste” means surplus materials resulting from on-site construction and disposed of at other locations.

“Wetland” means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and which under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

“Working days” means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken. [Ord. 454B, 1992.]

15.28.030 Control objectives.

The basic control objectives which are to be considered in developing and implementing an erosion and sedimentation control plan are to:

A. Identify Critical Areas. On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention; and

B. Limit Time of Exposure. All land-disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time; and

C. Limit Exposed Areas. All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time; and

D. Control Storm Water Runoff. Storm water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure; and

E. Manage Site Runoff. When the increase in the velocity of storm water runoff resulting from a land-disturbing activity is sufficient to cause accelerated erosion of the receiving water body, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the water body; and

F. Control Sedimentation. All land-disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage. [Ord. 454B, 1992.]

15.28.040 Minimum criteria and standards.

At a minimum, plans for land-disturbing activities shall comply with the most recent version of the UBC, Chapter 70, and the provisions herein. The stricter shall apply. [Ord. 454B, 1992.]

15.28.050 Resolution of conflicting provisions.

Whenever conflicts exist between federal, state, or local laws, ordinances, or rules, the more restrictive provision shall apply. [Ord. 454B, 1992.]

15.28.060 Chapter provisions not exclusive.

Neither this chapter nor any administrative decision made under it:

A. Exempts the permittee from procuring other required permits or complying with the requirements and conditions of such a permit; or

B. Limits the right of any person to maintain, at any time, any appropriate action, at law or in equity, for relief or damages against the permittee arising from the permitted activity. [Ord. 454B, 1992.]

15.28.070 Permit – Required when – Standards for work.

No land-disturbing activity subject to the control of this chapter shall be undertaken except in accordance with the following mandatory standards:

A. Plan Required. No person shall initiate any land-disturbing activity which uncovers more than one contiguous acre without having a permit as required by this chapter. All work must be performed in accordance with a sequence shown on the approved plan or a revised sequence approved by the community development director;

B. Protection of Property. Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity;

C. Buffer Zone. No land-disturbing activity shall be permitted in proximity to an environmentally sensitive area unless a buffer zone is provided along the margin of the area of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearer the land-disturbing activity; provided, that this subsection shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over, or under an environmentally sensitive area;

D. Graded Slopes and Fills. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will require inspection and approval by the city, within 30 working days of completion of any ground cover, devices, or structures sufficient to restrain erosion; and

E. Ground Cover. Whenever land-disturbing activity is undertaken on a tract comprising more than one acre, if more than one contiguous acre is uncovered, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of the tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development within 30 working days or 120 calendar days following completion, whichever period is shorter.

F. Permits are not transferable. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.080 Permits – Exemptions.

The following activities are exempted, unless the excluded activity is to occur in an environmentally sensitive area:

A. Work authorized by a substantial development permit pursuant to the Shoreline Management Act and regulations presently enacted or as may be amended;

B. Excavations less than five feet in vertical depth or fills less than three feet in vertical depth and involving the removal, deposit, or displacement of not more than a total of 150 cubic yards of material throughout the life of the project from its condition;

C. Clearing of a parcel of land less than one acre;

D. The stockpiling or broadcasting of less than 500 cubic yards of topsoil, peat, sawdust, mulch, bark, chips, or solid nutrients on a lot, tract, or parcel of land per year;

E. The creation of impervious surfaces which have an area of less than 10,000 square feet;

F. The construction of a single-family residential structure; or

G. Emergency sandbagging, diking, ditching, filling, or similar work during or after periods of extreme weather conditions when done to protect life or property. [Ord. 454B, 1992.]

15.28.090 Permit – Application – Form and filing.

To obtain a permit an applicant first must file an application in writing upon forms furnished by the community development department. The application must be signed by the owner of the property, or an authorized agent of the owner, where the land-disturbing activity is to be performed. If the owner is a corporation, the application must be signed by the president or vice-president and attested by the secretary or assistant secretary. The corporate seal must be affixed to the application. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.100 Permit – Application – Contents.

The application for a permit must include the following:

A. Application form;

B. Site map and grading plan;

C. Interim erosion and sediment control plan;

D. Final erosion and sediment control plan, where required;

E. Soil engineering report, where required;

F. Engineering geology report, where required;

G. Environmental checklist;

H. Work schedule;

I. Application fees;

J. Performance bond or other acceptable security;

K. Any supplemental material required by the community development director. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.110 Site map and grading plan.

A. The site map and grading plan shall contain all the following information:

1. Existing and proposed topography of the site taken at a contour interval sufficiently detailed to define the topography over the entire site. Ninety percent of the contours shall be plotted within one contour interval of the true location;

2. Two contour intervals that extend a minimum of 100 feet off site, or sufficient to show on-site and off-site drainage;

3. The site’s property lines, shown in true location with respect to the plan’s topographic information;

4. Location and graphic representation of all existing and proposed natural and manmade drainage facilities;

5. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, and other protective devices to be constructed with or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any storm water facility;

6. Location and graphic representation of proposed excavations and fills, of on-site storage of soil and other earth material, and on-site disposal;

7. Location of proposed final surface runoff, erosion, and sediment control measures;

8. Location of existing vegetation types and the location and type of vegetation to be left undisturbed;

9. Outline of the methods to be used in clearing vegetation, and in storing and disposing of the cleared vegetative matter;

10. Proposed sequence and schedule of excavation, filling, and other land-disturbing and filling activities, and soil or earth material storage and disposal;

11. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners which are within 15 feet of the property, or which may be affected by the proposed grading operations.

B. Specifications shall contain information covering construction and material requirements. [Ord. 454B, 1992.]

15.28.120 Interim erosion and sediment control plan.

All of the following information shall be provided with respect to conditions existing on the site during land-disturbing or filling activities or soil storage:

A. Maximum surface runoff from the site shall be calculated.

B. The interim plan shall also contain the following information:

1. A delineation and brief description of the measures to be undertaken to retain sediment on the site, including, but not limited to, the designs and specifications for sediment detention basins, and a schedule for their maintenance and upkeep;

2. A delineation and brief description of the surface runoff and erosion control measures to be implemented, including, but not limited to, types and method of applying mulches and designs and specifications for diverters, dikes, and drains, and a schedule for their maintenance and upkeep;

3. A delineation and brief description of the vegetative measures to be used, including, but not limited to, types of seeds and fertilizer and their application rates, the type, location, and extent of preexisting and undisturbed vegetation types, and a schedule for maintenance and upkeep.

C. The location of all the measures listed by the applicant under subsection (B) of this section shall be depicted on the land-disturbance plan, or on a separate plan at the discretion of the building official.

D. An estimate of the cost of implementing and maintaining all interim erosion and sediment control measures must be submitted in a form acceptable to the community development director. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.130 Final erosion and sediment control plan.

All of the following information shall be provided with respect to permanent site conditions:

A. Maximum runoff from the site shall be calculated using the standards adopted in Chapter 15.30 CMC.

B. The final plan shall also contain the following information:

1. A description of and specifications for sediment retention devices;

2. A description of and specifications for surface runoff and erosion control devices;

3. A description of vegetative measures;

4. A graphic representation of the location of all items in subsections (B)(1) through (B)(3) of this section (see CMC 15.28.210).

C. An estimate of the costs of implementing and maintaining all final erosion and sediment control measures must be submitted in a form acceptable to the community development director. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.140 Soil engineering report.

A. A soil engineering report, when required by the building official, shall be based on adequate and necessary test borings and shall contain all the following information:

1. Data regarding the nature, distribution, strength, and erodibility of existing soils;

2. Data regarding the nature, distribution, strength, and erodibility of soil to be placed on the site, if any;

3. Conclusions and recommendations for grading procedures;

4. Conclusions and recommended designs for interim soil-stabilization devices and measures and for permanent soil stabilization after construction is completed;

5. Design criteria for corrective measures when necessary;

6. Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

B. Recommendations included in the report and approved by the building official shall be incorporated into the plans or specifications. [Ord. 454B, 1992.]

15.28.150 Engineering geology report.

A. An engineering geology report, when required by the community development director, shall be based on adequate and necessary test borings and shall contain the following information:

1. An adequate description of the geology of the site.

2. Conclusions and recommendations regarding the effect of geologic conditions on the proposed development. Opinions and recommendations covering the adequacy of sites to be developed by the proposed grading.

B. Recommendations included in the report and approved by the building official shall be incorporated in the grading plans or specifications. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.160 Work schedule.

An applicant must submit a master work schedule showing the following information:

A. Proposed land disturbance;

B. Proposed schedule for installation of all interim erosion and sediment control measures including, but not limited to, the stage of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in CMC 15.28.120;

C. Schedule for construction of final improvements, if any;

D. Schedule for installation of permanent erosion and sediment control devices where required. [Ord. 454B, 1992.]

15.28.170 Permit – Fees.

A nonrefundable permit fee shall be collected at the time the land-disturbance application or application for waiver is submitted. The permit fee shall provide for the cost of plan review, administration, and management of the permitting process, and inspection of all activities or repair of such projects subject to this chapter. A permit fee schedule shall be established by the city based upon the relative complexity of the project, and such permit fee schedule shall be periodically evaluated and may be amended as evaluation and cost factors would deem it appropriate. [Ord. 454B, 1992.]

15.28.180 Permit – Bond required.

A. The city shall require from the developer a surety or cash bond, irrevocable letter of credit, or other means of security acceptable to the city prior to the issuance of a clearing/filling/grading permit for construction of a development. The amount of the security shall not be less than the total estimated construction cost of the interim and permanent erosion and sediment control measures. The bond so required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved permit, compliance with all the provisions of this chapter and other applicable laws and regulations, and time limitations.

B. The bond shall not be fully released without a final inspection of completed work by the city, submission of “as-built” plans, and certification of completion by the city of the permanent erosion and sediment control measures as being in compliance with the approved permit and the provisions of this chapter. A provision may be made for partial release of the amount of the bond prorated upon completion and acceptance of the various stages of development as specifically delineated, described, and scheduled on the required plans and specifications. The developer shall notify the city upon completion of each stage that is ready for inspection. [Ord. 454B, 1992.]

15.28.190 Contractors – Liability insurance.

All contractors performing work within any existing street right-of-way or any public easement shall have a valid storm drainage permit covering the work and shall be currently licensed and bonded with the state of Washington during the course of the work. The contractor shall have a current liability insurance policy, with the city specifically added as an additional named insured in the policy, in force to protect the contractor, the public, and the city against liability for accidental injury to persons or property in the following minimum amounts:

A. Bodily injury liability insurance for each occurrence: $1,000,000.

B. Property damage liability insurance for each occurrence: $1,000,000. [Ord. 454B, 1992.]

15.28.200 Permit – Issuance authority.

The community development director is the designated agent for the issuance of clearing/filling/grading permits in the city. The director shall have the authority to prepare regulations and set administrative procedures to carry out the purposes and intent of this chapter and related codes, policies, and regulations. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.210 Permits – Issuance conditions.

A. Permit Issuance. A clearing/filling/grading permit shall be issued only in conjunction with one or more of the following:

1. A valid building permit application; provided no clearing and grading permit will be issued until a decision has been issued by the community development director approving any required design review for the subject property and the time for appealing that decision has expired without an appeal having been filed. If an appeal is filed, no permit shall be issued until the city has made a final decision;

2. Utility extension approved by the director;

3. Property access road to existing, developed property;

4. Conditional use permit;

5. Approved street, water, storm sewer, and sanitary sewer construction drawings for a preliminary plat or approved short plat; provided, that approval will only be given for infrastructure construction, not for the clearing of individual building sites;

6. Approved landscape, street, water, storm, and sanitary sewer construction drawings for an approved final PUD;

7. Approval of a shoreline substantial development permit or shorelines management exemption for the subject property by the city and after expiration of all appeal periods pursuant to WAC 173-14-180;

8. Special permission of the director for site work under 500 cubic yards, based on a demonstration that extenuating circumstances are present and that the project is consistent with the intent and purpose of this chapter, in conjunction with a clearing, grading, and drainage plan with erosion and sedimentation control, landscaping, soil stabilization, and surface ground cover elements including continuous maintenance;

9. For site work over 500 cubic yards, the purpose of which is not to achieve approval or development under subsections (A)(1) through (A)(7) of this section, the following are also to be met:

a. Design Criteria. The permit authority may approve, or approve with modifications, an application submitted under this subsection only if due consideration has been given to the guidance contained in the comprehensive plan, and:

i. The proposal is in accord with the city basin plans, comprehensive drainage plan, and other city codes and adopted standards, regulations, and policies; and

ii. The approval of the proposal will not pose a threat to be detrimental to the public health, safety, and welfare; and

iii. The applicant has demonstrated that approval of the proposal is necessary for the reasonable development or maintenance of the property; and

iv. Significant trees will be retained; and

v. The proposal is not in a sensitive area overlay district.

b. Time Limits May Be Imposed. For any permit authorized under this subsection, the permit authority may impose a time limit within which the proposed site work must be completed, generally not to exceed one year.

B. Permits are not transferable.

C. A permit must not be issued for land disturbance associated with building or development that is not allowed by existing zoning, special exceptions, and variances applicable to the land.

D. Detailed guidelines for permit application are available from the community development department on request. The application for permit shall be accompanied by:

1. Three sets of plans and specifications prepared in conformance with this regulation and development standards of the city;

2. The permit fee; and

3. An approved means of security.

E. A copy of the plan must be referred to other jurisdictions which may be affected by the proposed action, including Lewis County. Comments from external jurisdictions must be received within 30 days so that the application may be processed in a timely manner. A permit must not be issued prior to completion of the comment period. However, if comments are not received within that time, the city will assume the external jurisdiction(s) has waived its right to comment. This provision may be superseded by the requirements of other state and federal permits.

F. The director may waive the requirement for plans or specifications if it finds that the information on the application is sufficient to show that proposed work will conform to the requirements of this chapter.

1. A waiver must not be construed as waiving the requirements of this or related regulations and the permittee remains bound by conditions of the application and regulations.

2. Failure to comply with these requirements may result in the director requiring submission and approval of engineered clearing/filling/grading and erosion/sedimentation plans.

G. Utility construction may not take place in the city until an erosion/sedimentation plan is submitted to and approved by the director.

H. Within 60 days of receipt of the application (including required accompanying information and fee), the director shall review the application to determine if the requirements of this chapter are met. The director may request comments from other departments or agencies. If the requirements of this chapter are met, the director shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the director shall inform the applicant in writing and may either require needed information or disapprove the plan. Within 30 days of receipt of needed information, the director shall again determine if the plan meets the requirements of this chapter. If the plan is disapproved, the director shall inform the applicant in writing of the reasons for disapproval.

I. Applications for amendment of permit requirements in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as the amendment is approved by the city, the land-disturbing activity shall not proceed except in accordance with the permit as originally approved; provided, that:

1. The department may, in emergency situations and at its discretion, require the installation of interim erosion and sediment control measures to protect stream channels, other properties or the general public from damage, that will remain in effect until implemented;

2. Field modifications of a minor nature may be authorized by the director; provided, that those revisions are consistent with the requirements of this chapter and other related regulations and standards. The director shall establish a list of allowable field modifications for this purpose.

J. Decision Criteria. The permit authority may approve, or approve with modifications, an application submitted under this section only if due consideration has been given to the guidance contained in the comprehensive plan, and:

1. The proposal is in accord with the city basin plans, comprehensive drainage plan, and other city codes and adopted standards, regulations, and policies; and

2. The approval of the proposal will not pose a threat to be detrimental to the public health, safety, and welfare; and

3. The applicant has demonstrated that approval of the proposal is necessary for the reasonable development or maintenance of the property; and

4. Significant trees will be retained; and

5. The proposal is not in a sensitive area overlay district.

K. Time Limits May Be Imposed. For any permit authorized under this section, the permit authority may impose a time limit within which the proposed site work must be completed, generally not to exceed one year. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.220 Permit – Denial conditions.

A building permit may not be issued for any parcel or lot unless a land-disturbance permit has been approved or waived by the city as meeting all the requirements of this chapter. Where appropriate, such permits may not be issued without:

A. Approved drainage plan(s); and

B. Security. [Ord. 454B, 1992.]

15.28.230 Permit – Additional conditions – Authorized when.

A. In granting any permit, the city may attach the conditions that it deems reasonably necessary to prevent sedimentation of public or private property, any sewer, storm drain, or watercourse, to prevent the operation from being conducted in a manner hazardous to life or property, or in a manner likely to create a nuisance. Those conditions may include the erection or installation of walls, drains, dams and structures, plantings, and erosion and sediment control measures or devices, furnishing necessary easements and a specified method of performing the work. These items must be identified on the erosion and sediment control plan submitted for approval. The following shall be conditions of all permits:

1. Notify the city within 48 hours of commencing any land-disturbing activity;

2. Notify the city of completion of any control measures within 48 hours after their installation;

3. Obtain permission in writing from the city prior to modifying the control plan;

4. Install all control measures as identified in the approved control plan;

5. Maintain all road drainage systems, storm water drainage systems, control measures, and other facilities identified in the control plan;

6. Repair any siltation or erosion damage to adjoining surfaces and drainage when resulting from land-developing or land-disturbing activities;

7. Inspect the construction control measures after each rain of one-half inches or more and at least once a week and make needed repairs;

8. Allow the community development director to enter the site for the purpose of inspecting compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan;

9. Keep a copy of the control plan on the site.

B. If, in the opinion of the director, the nature of the work is such that it may create a hazard to human life or endanger adjoining property, or property at a higher or lower elevation, or any street or street improvement, or any other public property, then the director may, before issuing the permit, require a certificate of insurance. That certificate must show that the applicant is insured against claims for damages for personal injury and property damage in an amount not less than $25,000. Those damages include damage to the city by depositing or washing material onto city streets or other public improvements, which may arise from or out of the performance of the work, whether the performance be by the applicant, the subcontractor of the applicant, or any person directly or indirectly employed by the applicant. The amount of the insurance must be prescribed by the director in accordance with the nature of the risk involved. Insurance must be written by a company licensed to do business in the state of Washington and approved by the city. Neither issuance of a permit nor compliance with these provisions or any condition imposed by the director relieves any person from any responsibility for damage to persons or property otherwise imposed by law, or imposes any liability upon the city for damages to persons or property. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.240 Permit – Duration.

Permits shall be valid for a period of up to 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The community development director may extend the period one or more times up to an additional 180 days. The director may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this chapter. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.250 Permit suspension and revocation – Conditions.

Any land-disturbance or building permit issued by the city may be suspended or revoked after written notice is given to the permittee for any of the following reasons:

A. Any violation(s) of the conditions of the land-disturbance permit;

B. Changes in site runoff characteristics upon which a waiver was granted;

C. Construction is not in accordance with the approved plans;

D. Noncompliance with correction notice(s) or stop-work order(s) issued for erosion or sediment controls;

E. An immediate danger exists in a downstream area or adjacent property, in the opinion of the city. [Ord. 454B, 1992.]

15.28.260 Permit revocation and suspension – Procedure – Stop-work order.

A. Any permit issued under this chapter may be revoked or suspended by the community development director, after notice, for:

1. Violation of the plan or any other condition of the permit;

2. Violation of any provision of this chapter or any other applicable law, ordinance, rule, or regulation relating to the work;

3. Existence of any condition or the doing of any act constituting or creating a nuisance, hazard, or endangering human life or the property of others; or

4. Failure of the approved erosion and sediment control plan to achieve required erosion and sediment control objectives due to site characteristics or conditions.

B. In addition to the authority under subsection (A) of this section, the director may post a site with a stop-work order directing that all land-disturbing activity cease immediately; provided, that:

1. Written warning notice is furnished to the permittee or the representative of the permittee that lists corrective measures required and the time within which the corrections must be made; and

2. The permittee fails to comply with the warning notice within the specified time.

C. A stop-work order may be issued without warning notice where:

1. Land disturbance is taking place that requires a permit under this chapter and for which one has not been issued;

2. Required sediment control measures are not installed, inspected, and approved before the land disturbance; or

3. Inspection reveals the existence of any condition or the doing of any act that:

a. Is or creates a nuisance or hazard; or

b. Endangers human life or the property of others.

D. The department must provide written notice to the permittee or a representative of the permittee when a stop-work order is issued. That notice must specify the extent to which work is stopped and the conditions under which work may resume. The permittee is responsible for the actions of agents of the permittee and must notify those agents when a stop-work order is issued that will affect an area within which the agents are to work. In this application, “agent” is defined as any person who acts at the instruction, with the permission, or to the benefit of the permittee.

E. A person must not continue or permit the continuance of work in an area covered by a stop-work order, except work required to correct a sediment control violation.

F. This section must not be interpreted as restricting the department from proceeding directly with alternative enforcement procedures under this chapter.

G. The cost of any corrective measures shall be borne by the applicant. The director may require inspection and testing by an approved testing agency at any stage of the application or project. The inspection and testing shall beat minimum schedules as listed in the city’s development standards, or as published by the APWA/Washington State Department of Transportation or Washington State Department of Ecology. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.270 Waiver of permit requirements – Eligibility.

The city may grant a waiver of the permit requirements for individual developments; providing, that a written request is submitted by the applicant containing description, drawings, and any other information that is necessary to evaluate the proposed action. A separate written waiver request shall be required in accordance with the provisions of this section if there are subsequent additions, extensions, or modifications to a development receiving a waiver. Eligibility for a waiver shall be determined if the applicant can conclusively demonstrate that the proposed action will not cause an adverse impact on steep slopes, other properties, the public storm drainage system, or any other surface water. [Ord. 454B, 1992.]

15.28.280 Variances.

The city may grant a written variance from any requirements of this chapter if there are exceptional circumstances applicable to the site such that strict adherence to the provisions of this chapter will result in unnecessary hardship and not fulfill the intent of this chapter. A written request for variance shall be provided to the city and shall state the specific variance or variances sought and reasons for their granting. The city shall not grant a variance unless and until sufficient specific reasons justifying the variance are provided to the city. [Ord. 454B, 1992.]

15.28.290 Clearing and grading.

A. Clearing. All clearing of vegetation shall conform to the specifications of this section and those set forth in the development standards unless such clearing qualifies as an exemption:

1. Minimum levels of existing vegetation shall be preserved or restored or replaced by approved landscaping;

2. Preservation and restoration requirements for vegetation shall be performed in accordance with guidelines and procedures set forth in the development standards;

3. No clearing shall be allowed in a protected area without a clearing and grading permit and such other approvals as may be required by the city. The limits of sensitive area setbacks and all other vegetation to be preserved shall be fenced during all construction-related activities as per the development standards prior to any clearing adjacent to a setback area or sensitive area;

4. No clearing shall be allowed in any designated native-growth protection easement or greenbelt without a permit and such other approvals as may be required by the city code. The limits of the native-growth protection easement or greenbelt shall be fenced during all construction-related activities as per the requirements of the development standards prior to any clearing adjacent to any such native-growth protection easement or greenbelt.

B. Grading. Changes in site topography shall conform to the following restrictions and those set forth in the development standards:

1. Fills in the regulatory floodway shall not be permitted;

2. The project shall be designed to minimize changes in grade, cleared areas, and volumes of excavation or fill;

3. The maximum surface gradient on any artificially created slope shall be two feet of horizontal run to one foot of vertical fall. The gradient may be increased to that gradient which can be demonstrated through engineering calculations as outlined in the development standards to be stable with a 1.5 factor of safety if, in the opinion of the community development director, it has been demonstrated by the applicant through engineering calculations that surface erosion can be controlled to that erosion rate equal to a two-to-one (2:1) slope under the same conditions;

4. The permittee shall at all times protect improvements to adjacent private properties and public rights-of-way or easements from damage during grading operations. The permittee shall restore public improvements damaged by his/her operations to the standards in effect at the time of the issuance of the permit.

C. Drainage. All clearing and grading activities shall conform to provisions of storm drainage plan approval. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.300 Oversizing.

When it is deemed necessary by the city as a condition of development for the developer to install conveyance lines larger than required to serve adjacent properties, such development shall be eligible for a payback or compensation for costs and expenses above those that would have resulted from the developer installing lines large enough for the developer’s development only. Such payback(s) shall be made to the developer only after development on any such adjacent properties takes place. Payback to the developer shall be made by the developer(s) of adjacent properties, and payback fees or charges shall be collected at the time of permitting of adjacent properties. Specific payback arrangements shall be legally established and agreed upon by the city in order for any such payback to be enforceable by the city. [Ord. 454B, 1992.]

15.28.310 Inspection access.

Authorized representatives of the community development department may enter properties permitted under this chapter for the purpose of inspection and enforcement of the provisions of this chapter. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.320 Inspection schedule and reports.

A. Prior to approval of a proposed land-disturbing activity, the developer will submit to the city a proposed inspection and construction control schedule. The city or its authorized representative shall conduct inspections and file reports for periodic inspections necessary during construction of storm water management systems to ensure compliance with the approved plans.

B. No work shall proceed until the city inspects and approves the work previously completed and furnishes the developer with the results of the inspection reports as soon as possible after completion of each required inspection.

C. Any portion of the work which does not comply will be promptly corrected by the developer, after written notice from the city. The notice shall set forth the nature of corrections required and the time within which corrections will be made.

D. The developer shall notify the city before commencing any work in conjunction with the storm water management plan and upon completion of the project when a final inspection will be conducted. [Ord. 454B, 1992.]

15.28.330 Inspection requirements during construction.

A. A copy of the approved erosion and sediment control plan and the sediment control permit must be available on site for inspection by authorized representatives of the community development department.

B. Each site that has a designed erosion and sediment control plan must be inspected as necessary to ensure that sediment control measures are installed and effectively maintained in compliance with the approved plan and permit requirements. As a minimum, the permittee must obtain inspection by the department at the following stages:

1. Follow the installation of sediment control measures or practices and prior to any other land disturbance;

2. During the construction of sediment basins or storm water management structures, at the required inspection points;

3. During rough grading, including hauling of imported or wasted materials;

4. Prior to the removal or modification of any sediment control measure or practice; and

5. Upon completion of final grading, including established ground covers and planting, installation of all vegetative measures, and all other work in accordance with the approved plan.

C. If there is a failure to comply with the requirements of this chapter, the department must inspect the work and notify the permittee, or the representative of the permittee, in writing. The notice issued must, as a minimum, state the nature of the violation, any practice or plan deficiencies, required corrective action, and compliance time. Any portion of the work that does not comply promptly must be corrected by the permittee. The department may make additional inspections as it deems necessary, and has the right to waive inspections, excluding the final inspection. The department must maintain a permanent record of each inspection.

Included must be the date, the location or project identification, whether or not the approved plan has been implemented and measures maintained, and, if a violation exists, the type of enforcement action taken.

D. When approved plans developed under the provisions of this chapter show the use of temporary basins or permanent storm water management structures, the department may require the submission of supportive documents such as test results, as-built plans, or material certifications. If necessary, in addition to its own inspections, the department may require that any portion of the construction of basins or structures be inspected and certified by a licensed professional engineer or land surveyor. At the community development director’s option, the permittee may secure the services of a licensed professional engineer or land surveyor to inspect the construction of the facilities and provide the department with a fully documented certification that all construction is done in accordance with the provisions of the approved plan, applicable rules, regulations, and specifications. If a certification is provided to the department, inspections required for that basin or structure may be waived. In these cases, the department must be notified at the time of the required inspection points and may make spot inspections.

E. All inspections and testing shall be determined prior to issuance of the permit, except those that may be required when conditions exist that were not covered in the documents submitted when requesting a permit. The director may require additional inspection or testing if conditions are found to be different than those presented in the plans or supporting documents; however, if and when conditions change, it shall be the responsibility of the applicant or the professional consultants who submitted the plans or documents to provide the director with recommended changes in procedures, for review and approval by the director. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.340 Final inspection reports.

A final inspection shall be conducted by the city upon completion of the elements of the land-disturbance permit to determine if the completed work is constructed in accordance with the approved plan and this chapter. “As-built” certification by a registered professional engineer licensed in the state of Washington is also required to certify that the facility has been constructed as shown on the “as-built” plans and meets approved plans and specifications. The developer will receive written notification of the results of the final inspection. The city shall maintain a permanent file of inspection reports. [Ord. 454B, 1992.]

15.28.350 Inspection for preventive maintenance.

A. Preventive maintenance shall be ensured through inspection of all erosion and sediment controls by the city. The inspection shall occur during the first year of operation and at least once every three years thereafter.

B. Inspection reports shall be maintained by the city on all retention and detention structures and shall include the following:

1. The date of inspection;

2. Name of inspector;

3. The condition of the control;

4. Description of needed maintenance.

C. If, after an inspection by the city, the condition of an erosion or sediment control measure presents an immediate danger to the public health or safety, because of an unsafe condition or improper maintenance, the city shall take such action as may be necessary to protect the public and make the facility safe. Any cost incurred by the city shall be assessed against the owner(s), as provided in CMC 15.28.360(C). [Ord. 454B, 1992.]

15.28.360 Maintenance agreement.

A. Prior to the issuance of any approval for which land-disturbance permit is required, the city shall require the applicant or owner to execute an inspection and maintenance agreement binding on all subsequent owners of land served by the private storm drainage system. Such agreement shall provide for access to the system at reasonable times for regular inspection by the city or its authorized representative, and for regular or special assessments of property owners to ensure that the facility is maintained in proper working condition to meet design standards and any provisions established.

B. The agreement shall be recorded by the applicant and/or owner in the land records of the city.

C. The agreement shall also provide that if, after notice by the city to correct a violation requiring maintenance work, satisfactory corrections are not made by the owner(s) within a reasonable period of time (30 days maximum), the city may perform all necessary work to place the facility in proper working condition. The owner(s) of the facility shall be assessed the cost of the work and any penalties, and there shall be a lien on the property, which may be placed on the tax bill and collected as ordinary taxes by the city. [Ord. 454B, 1992.]

15.28.370 Maintenance responsibility.

A. The owner of the property on which work has been done pursuant to this chapter, or any other person or agent in control of such property, shall maintain in good condition and promptly repair and restore all grade surfaces, walls, drains, dams and structures, vegetation, erosion and sediment control measures, and other protective devices. Such repairs or restorations and maintenance shall be in accordance with approved plans.

B. A maintenance schedule shall be developed for the life of any storm drainage system element and shall state the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be printed on the land-disturbance plan.

C. The maintenance and operation of private erosion and sediment controls shall be the responsibility of the property owner.

D. The city shall be responsible for the maintenance and operation of all public erosion and sediment controls located within the public easements and rights-of-way following the completion of a successful maintenance period and the acceptance of such facilities by the city. [Ord. 454B, 1992.]

15.28.380 Hazard determination authority – Existing excavations – Notice to repair.

Whenever the community development director determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agency in control of the property, upon receipt of notice in writing from the building official, shall, within the period specified therein, repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.390 Determination of risk hazard – Current job site.

A. If the city, either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the city will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the community development director.

B. Whenever the director determines that the act or intended act of clearing, grading, excavation, or fill has become or will constitute a hazard to life and limb, or endangers property, or adversely affects the safety, use, or stability of a public way, drainage channel, stream, or surface water, including siltation and sedimentation therein, the permit authority shall immediately suspend the clearing and grading permit. The permittee or other person or agent in control of the property, upon receipt of notice, in writing from the director, shall, within the period specified therein, terminate such clearing, grading, excavation, embankment or fill, or eliminate the same from the development plans, or modify the plans, and may be required so as to eliminate the hazard and be in conformance with the requirements of this chapter. The permittee shall also be required to take measures to correct damages caused to adjacent and/or downstream or upstream properties, under the direction of the permit authority, or if not accomplished in a reasonable period of time, the city shall do so using the security provided as part of the clearing and grading permit under which the work was done.

C. Immediately upon completion of the project, the permittee must notify the director and schedule a final inspection. If upon final inspection of the project the director finds that all work subject to inspection has been satisfactorily completed in accordance with the requirements of this chapter, the permit, approved plans and specifications, rules and regulations, and that any supporting documents required herein are accepted, a completion certificate covering the work must be issued to the permittee by the director. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.400 Deposits of soil or other material prohibited.

A. A person must not engage in any land-disturbing activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material to be deposited upon or to roll, flow, or wash upon or over the premises of another in a manner to cause damage to the premises without the express written consent of the owner of the premises affected. A person must not engage in any land-disturbing activity or by any action cause or permit any soil, earth, sand, gravel, rock, stone, or other material to be deposited or to roll, flow, or wash upon or over any public street, street improvement, road, sewer, storm drain, watercourse, right-of-way, or any public property in a manner to damage or to interfere with the use of that property.

B. A person must not, when hauling soil, earth, sand, gravel, rock, stone, or other material over any public street, road, alley, or public property, allow materials to blow or spill over and upon any street, road, alley, or public property or adjacent private property.

C. If any soil, earth, sand, gravel, rock, stone, or other material is caused to be deposited upon or to roll, flow, or wash upon any public or private property in violation of subsections (A) and (B) of this section, the person responsible must be notified and must cause the material to be removed from that property within 24 hours. In the event of an immediate danger to the public health or safety, notice must be given by the most expeditious means and the material must be removed immediately. In the event it is not so removed, the community development department may cause the removal and the cost of that removal by the department must be paid to the city by the person who failed to remove the material. The cost of removal is a lien upon all property and all rights to property, real or personal, of any person liable to pay that cost. The cost of removal must be listed on the tax bill and must be collected in the manner of ordinary taxes; provided, however, that this section must not be interpreted as prohibiting the department from proceeding directly with alternative enforcement procedures set forth in this chapter. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.410 Appeals.

A. Any person aggrieved by the action of any official charged with the enforcement of this chapter, as the result of the disapproval of a properly filed application for a permit, issuance of a written notice of violation, or an alleged failure to properly enforce the chapter in regard to a specific application, shall have the right to appeal the action to the community development director. The appeal shall be filed in writing within 15 days of official transmittal of the final decision or determination to the applicant, and shall state clearly the grounds on which the appeal is based.

B. The director shall review the case file and written appeal information and may then approve any application, rescind any notice of violation, and/or in some other manner alter or modify the previous action or disposition as the director may determine appropriate. Appeals of decisions made by the director may be brought before the city manager who may direct the reevaluation of the appeal. Appeals beyond the city manager may then be brought before the city council. The decision of the city council shall be considered final. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.420 Liability limitations.

The community development director and other employees charged with the enforcement and administration of this policy, acting for the city in good faith and without malice in the discharge of their duties, shall not thereby render themselves liable personally for any damages which may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of such duties. [Ord. 912B § 1, 2013; Ord. 454B, 1992.]

15.28.430 Violations and remedies.

A. The violation of or failure to comply with any of the provisions of this chapter is declared to be unlawful. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. The cumulative effects of a failure to abide by clearing, filling, and grading regulations is detrimental to the health, safety, and welfare of this community, and it is the desire and intent of the city council that the penalties contained in this section be strictly enforced without suspensions and deferrals of sentences except as may be necessary under exceptional circumstances to achieve substantial justice.

B. If, through inspection, it is determined that a person engaged in land-disturbing activity has failed to comply with the approved plan, a notice of violation shall be served upon that person by registered or certified mail or other means. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. If the person engaged in land-disturbing activity fails to comply within the time specified, enforcement action shall be initiated.

C. Civil Remedies.

1. Any structures, work, facilities, excavations, fills, or other activities which are constructed, reconstructed, operated, or performed without a permit required by this chapter, or in violation of any lawful order or requirement of the permit authority made in accordance with the provisions of this chapter, shall be deemed to be a public nuisance and may be abated in the manner provided by the Chehalis Municipal Code.

2. Injunctive Relief.

a. Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this chapter or any rule or other regulation adopted or issued pursuant to this chapter, or any term, condition, or provision of an approved clearing, filling, grading, or erosion and sedimentation control plan, it may, either before or after the institution of any other action or proceeding authorized by this chapter, institute a civil action in the name of the city, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the municipal court.

b. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgements as are necessary to abate the violation or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this chapter.

D. Civil Violation.

1. The violation of or failure to comply with any of the provisions of this chapter, or of any lawful order or requirement of the permit authority made in accordance with the provisions of this chapter, is a civil violation. The provisions of the municipal code shall be used to enforce this chapter in addition to other procedures authorized by this chapter.

2. It shall not be a defense to the prosecution for failure to obtain a permit required by this chapter that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work believed that a permit had been issued to the property owner or any other person unless that belief was verified in writing by the permit authority prior to commencement of the work.

3. In addition, any person who violates any provision of this chapter shall be required to abate any conditions on the subject property in a manner which will achieve full compliance with this chapter and/or restore such property to its original condition, as nearly as practicable.

4. The permit authority shall have authority to withhold issuance of a permit or revoke a permit already issued to any contractor or to the person cited for performing work in violation of this chapter and to not issue or reissue permits for further clearing or grading upon the site unless all security deemed necessary by the permit authority and authorized by CMC 15.28.260 is established or reestablished.

E. Criminal Penalties. Any person who knowingly or willfully violates any provision of this chapter, or rule or other regulation adopted or issued pursuant to this chapter, or who knowingly or willfully initiates or continues a land-disturbing activity for which an erosion control plan is required, except in accordance with the terms, conditions, and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days, or by a fine not to exceed $5,000, or by both, in the discretion of the court. [Ord. 454B, 1992.]